Introduction of Bills in the Rajya Sabha on the 5th December, 2025

click here for IIIF manifest

REGISTERED NO. DL—(N)04/0007/2003—25

रजिस्ट्री सं॰ डी॰ एल॰—(एन)04/0007/2003—25

सी.जी.-डी.एल.-अ.-09122025-268360

CG-DL-E-09122025-268360

xxxGIDHxxx

xxxGIDExxx

असाधारण

EXTRAORDINARY

भाग II — खण्ड 2

PART II — Section 2

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

RAJYA SABHA

RAJYA SABHA

RAJYA SABHA

___________

___________

___________

सं॰ 19] नई दिल्ली, शुक्र वार, दिसम्बर 5, 2025/अग्रहायण 14, 1947 (शक)

No. 19] NEW DELHI, FRIDAY, DECEMBER 5, 2025/AGRAHAYANA 14, 1947 (Saka)

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके।

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

The following Bills have been introduced in the Rajya Sabha on the 5th December, 2025:-

The following Bills have been introduced in the Rajya Sabha on the 5th December, 2025:-

The following Bills have been introduced in the Rajya Sabha on the 5th December, 2025:-

I

I

I

RAJYA SABHA

___________

The following Bills have been introducedf in the Rajya Sabha on the 5th December, 2025:—

Bill No. XLIII of 2024

Bill No. XLIII of 2024

Bill No. XLIII of 2024

I

Bill No. XLIII of 2024

A Bill to provide for the establishment of a National Committee for Protection of

A Bill to provide for the establishment of a National Committee for Protection of

A Bill to provide for the establishment of a National Committee for Protection of

Media Persons for the effective prevention of violence in cases related to

Media Persons for the effective prevention of violence in cases related to

Media Persons for the effective prevention of violence in cases related to

arbitrary censorship, intimidation, assault, or risk to free speech of media

arbitrary censorship, intimidation, assault, or risk to free speech of media

arbitrary censorship, intimidation, assault, or risk to free speech of media

and for matters connected therewith and incidental thereto.

and for matters connected therewith and incidental thereto.

and for matters connected therewith and incidental thereto.

BE it enacted by the Parliament in the Seventy- fifth Year of the Republic of BE it enacted by the Parliament in the Seventy- fifth Year of the Republic of BE it enacted by the Parliament in the Seventy- fifth Year of the Republic of

India as follows: — India as follows: — India as follows: —

CHAPTER I

CHAPTER I

CHAPTER I

CHAPTER I

Preliminary

PRELIMINARY

PRELIMINARY

PRELIMINARY

1. (1) This Act may be called the National Committee for Protection of Media 1. (1) This Act may be called the National Committee for Protection of Media 1. (1) This Act may be called the National Committee for Protection of Media

Short title and Short title and Short title and commencement. commencement. commencement.

Persons Act, 2024. Persons Act, 2024. Persons Act, 2024.

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

(i) "accredited media person" means a person who is accredited by the Central Government under prevailing accreditation rules with a purpose to facilitate the collection of news/ information;

(ii) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government;

(iii) "arbitrary censorship" means the suppression, prohibition, or control of information, communication and expression without proper and reasonable, legal or constitutional basis;

(iv) "assault" shall have the same meaning as ascribed to it under

45 of 2023

Section 130 of the Bharatiya Nyaya Sanhita, 2023;

(v) "Committee" means the National Committee for Protection of

Media Persons constituted under section 6 of this Act;

(vi) "Council" means the Executive Council of the Committee under

section 10 of this Act;

(vii) "intimidation" shall have the same meaning as ascribed to it under

45 of 2023

Section 130 of the Bharatiya Nyaya Sanhita, 2023;

(viii) "media institution" includes any newspaper establishment registered under the Registrar of Newspapers for India, news channel establishment, news-based electronic media establishment, or news station or news portal establishment, professionally engaged in the collection, processing, and dissemination of information, views and opinion to the public as well as collection and dissemination of public opinion;

(ix) "media person" means an employee or representative, of a media institution, either whole-time or part-time and includes an editor, writer, news editor, sub-editor, feature writer, copy-editor, reporter, correspondent, cartoonist, digital news publisher, news- photographer, news-videographer, copy-tester trainee media person, news gatherer, or a freelance journalist eligible to be accredited as freelance journalist under prevailing Central Media Accreditation Rules;

(x) "newspaper" means a periodical of loosely folded sheets usually printed on newsprint and brought out daily or at least once in a week, containing information on current events, public news or comments on public news;

(xi) "News and current affairs content" means newly received or noteworthy content, including analysis, especially about recent events primarily of socio-political, economic or cultural nature, made available over newspapers, internet or computer networks, and through any digital media, where the context, substance, purpose, import and meaning of such information is in the nature of news and current affairs content;

(xii) "Register" means the Register for Media Persons maintained

under Section 3 of this Act;

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

(xiv) "violence" means an act which causes any harm, injury or endangerment of life or intimidation, obstruction or harassment or coercion or assault of criminal force or threat to journalist in discharge of his service or duties or causes to be the reason for damage or loss to the property or reputation of a journalist or a media institution.

CHAPTER II

REGISTER FOR MEDIA PERSONS

Register for

media persons.

3. (1) The Government shall maintain a Register for media persons

(hereinafter referred to as the Register) in such form and manner as

may be prescribed.

47 of 2023

(2) The Register shall be a public document, under section 74 of the Bharatiya Sakshya Adhiniyam, 2023 and shall be published on the website of the National Committee for Protection of Media Persons in the manner prescribed for this purpose.

(3) Additions, deletions or alterations to the Register along with the effective date shall be reflected on the website within thirty days from the date of such change.

(4) Every person who is eligible under section 4 of this Act shall be eligible for registration as a media person.

(5) Every person whose application has been accepted shall be given a registration number and the manner of assignment of such registration numbers shall be such as may be prescribed by the Committee constituted under section 6 of this Act.

(6) Such registration shall be valid for a period of three years from the date of registration, for accredited media persons and two years for non- accredited media persons:

Provided that, after expiry of the validity of the registration period, the registration shall be eligible for renewal for an extended period equivalent to the initial period.

(7) Registration under sub-section (1) will, however, not confer any benefits or entitlements other than those expressly provided in this Act.

Eligibility for

registration as a

media person.

4. (1) Every person practising and having at least one year of experience in journalism and fulfilling the below mentioned conditions shall be eligible for registration as a media person:—

(a) at least six articles/ news and current affairs content, affiliated to, authored, or co-authored in his or her name and published by a Media Institution in the five months prior to the date of application for such registration; or

(b) has received at least one payment from a Media Institution for

compilation of news in the preceding five months; or

(c) has taken photographs related to current affairs that have been published by a Media Institution at least three times in the preceding three months; or

(d) certified by a media institution as being employed by it as a

media person, as defined in section 2 of this Act:

Provided that no employee of Government/ semi-Government/

board/corporation/ organisations which are wholly, or partially funded by

the Government can apply for registration as a media person on the basis of

publication of their articles in newspapers or magazines.

CHAPTER III

NATIONAL COMMITTEE FOR PROTECTION OF MEDIA PERSONS

Constitution

of the

National

Committee

for Protection

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

Gazette, with effect from such date as it may appoint, constitute a

Committee, to be known as the National Committee for Protection of

Media Persons, to exercise the powers conferred upon, and to perform

the functions assigned to it, under this Act.

of Media

Persons.

(2) The Committee shall be a body corporate by the name aforesaid,

having perpetual succession and a common seal, with power, subject to

the provisions of this Act, to acquire, hold and dispose of property, both

movable and immovable, and to contract, and shall, by the said name,

sue or be sued.

(3) The Committee shall comprise the following bodies:—

(a) Executive Council.

(b) Unit for Admitting Cases and Rapid Reaction.

(c) Risk Evaluation Unit.

(4) The headquarters of the Committee shall be at such place in the

National Capital Territory of Delhi, and it shall have regional and other

offices in any other place in India as the Central Government may by

notification, specify.

(5) The Cabinet Secretary of the Union Government shall be the ex-officio Secretary to the Committee.

(6) The Central Government may appoint such number of officers and

staff including experts to the Committee, as may be required for its

efficient functioning.

Objectives

6. The Committee shall exercise and perform the following functions: —

and Functions

(a) protect the rights of media persons and media institutions guaranteed

of the

under article 19 (1) (a) of the Constitution;

Committee.

(b) provide necessary protection to:

(i) media person(s) or media institution(s) who are facing arbitrary censorship, intimidation, violence, assault, or risk, either physical or verbal;

(ii) partner by marriage or otherwise, any next of kin or dependents

of the media person;

(iii) persons from the same media institution, who participate,

collaborate or associate in the same or similar activities; and

(iv) property, goods or other objects belonging to the media

person(s), group, institution.

(c) to direct, coordinate, evaluate and review specific actions that ensure that those media persons and media institutions, who are at risk in the performance of their work or profession, are provided with the necessary conditions to continue their activities;

(d) to enquire and investigate into violence upon media persons and media institutions or threats and risks to them and pass appropriate directions to the concerned authorities for their protection;

(e) to summon relevant authorities and call for relevant documents in connection with enquiries and investigation, the passing of appropriate directions of protection and prevention, and the evaluation and review of such orders; and

(f) any other functions as assigned to it by the Central Government from

time to time.

7. (1) The Committee shall serve as the designated authority for monitoring

the registration of media persons.

Committee to be the authority for registration of Media Persons.

(2) The Committee shall be vested with the power to determine the following matters: —

(a) all applications received for registration as a media person;

(b) all applications for renewal of registration as a media person;

(c) additions, deletions or alterations of entries in the Register,

specified under section 3 of the Act; and

(d) revocation of registration in case of non-compliance with

established rules and regulations.

(3) The Committee shall conduct annual reviews of the Register, and may, as necessary, modify, update or correct entries to ensure its accuracy and completeness.

(4) The Committee shall meet at such regular intervals, as may be prescribed, for evaluation and determination of the applications received for registration and renewal of registration.

(5) The Committee may, from time to time, issue guidelines or directives to administer the registration process and to ensure compliance with the objectives and provisions of this Act.

(6) The Committee shall have the power to revoke the registration of a media person and strike-off the name of such person from the Register if, it comes to the conclusion, on the basis of an enquiry conducted thereon, that the registration was erroneous or was done as a result of material mis- representation, suppression of facts or fraud:

Provided that no such action shall be taken without giving notice and affording a reasonable opportunity of hearing to the concerned media person, in such form and manner as may be prescribed.

General Powers of the Committee.

5 of 1908

8. (¹) For the purpose of performing its functions or holding any inquiry under this Act, the Committee shall have the same powers throughout the country as are vested with a civil court while trial of a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely: —

(a) summoning and enforcing the attendance of persons and

examining them on oath;

(b) disclosure and inspection of documents;

(c) receiving evidence on affidavits; and

(d) requisitioning any public record or copies thereof from any office

or court;

(2) The Committee shall have the power to recommend emergency protection measures and protection plans to the Superintendent of Police of the district concerned, who in turn will take appropriate decision as per the extant provisions of the prevailing Act/ Rules/ Regulations in this regard.

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

Appropriate

Government

assistance.

9. (1) All Government authorities and persons employed by the appropriate Government shall provide all information called for by the Committee unless the information is protected from disclosure by law.

(2) The appropriate Government shall provide all necessary assistance to the Committee in discharging its duties and functions efficiently.

10. (1) The Executive Council shall be the governing body of the Committee and shall consist of the following persons to be appointed by the President of India by warrant under his hand and seal, namely:—

Composition of the Executive Council.

(a) a person, who has been the Chief Justice of India, - Chairperson;

(b) one person who has been a judge of the Supreme Court, - Member;

(c) Chairperson of the Press Council of India, - Member, ex-officio;

(d) Six media persons, with ten or more years of experience, out of

which at least three shall be women, - Members;

(e) two persons, who are representatives of civil society organisations

with a mandate to secure Freedom of Speech and Expression, out of

which at least one shall be a woman, - Members;

(f) one person, not below the rank of Joint Secretary to the Government of India, to represent the Ministry of Information and Broadcasting, to be nominated by the Minister in-charge of that Ministry, - Member, ex-officio; and

(g) one person not below the rank of Joint Secretary to the Government of India, to represent the Ministry of Home Affairs, to be nominated by the Minister in-charge of that Ministry, - Member, ex-officio.

(2) Every appointment under sub-section (1) shall be made after obtaining the recommendations of a Selection Committee consisting of: —

(a) the Vice President of India and ex-officio Chairman of the Council

of States (Rajya Sabha);

(b) the Chief Justice of India;

(c) the Speaker of the House of the People (Lok Sabha);

(d) the Leader of the Opposition in the Council of States (Rajya Sabha) or where there is no such Leader of the Opposition, then, the Leader of the single largest party in opposition to the Government in the Council of States; and

(e) the Leader of the Opposition in the House of the People (Lok Sabha) or where there is no such Leader of the Opposition, then, the Leader of the single largest party in opposition to the Government in the House of the People:

Provided that no appointment under this sub-section shall be made in

the absence of consensus between at least three members.

11. (1) A person appointed as the Chairperson of the Council shall hold office for a term of three years from the date, he enters office or until he attains the age of seventy years, whichever is earlier.

Terms and

conditions of

service of the

(2) A person appointed as a Member of the Council shall hold office for a term of three years from the date, he enters office or until he attains the age of seventy years, and shall be eligible for re-appointment.

Chairperson,

Members etc.

(3) The salaries and allowances payable to, and other terms and

of the

conditions of service of the Chairperson and Members of the Council

Council.

as well as officers, staff and experts of the Committee shall be such as

may be prescribed.

12. (1) The Chairperson or any Member of the Council may, by notice in writing under his hand addressed to the President of India, resign from his office.

(2) A member shall be deemed to have vacated his seat if he is absent without excuse, sufficient in the opinion of the Committee, from three consecutive meetings of the Committee.

(3) The Chairperson or any Member shall not be removed from office except by an order made by the President on the ground of their proved misbehaviour or incapacity, after an enquiry made by a Judge of the Supreme Court in which such a Chairperson or Member has been informed of the charges against them and given a reasonable opportunity of being heard in respect of those charges.

Conditions for the appointment and continuation of Chairperson and Members: Disqualifications, Resignation, Removal, and filling of vacancy(ies).

(4) A person shall be disqualified for being appointed and continued as the Chairperson or a Member, if he—

(a) has been adjudged as an insolvent;

(b) has been convicted and sentenced to imprisonment for an offence,

which in the opinion of the President, on the advice of the Selection

Committee, involves moral turpitude;

(c) has become physically or mentally incapable of acting in such

capacity;

(d) has acquired such financial or other interest, which is likely to affect

prejudicially his functions in such capacity; or

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

prejudicial to the public interest.

(5) A vacancy caused by the resignation or removal or death of the Chairperson or any other Member, or otherwise, shall be filled by fresh appointment in accordance with the provisions of section 10.

Vacancy, etc., not 13. (1) No act or proceeding of the Council shall be invalid merely by reason

to invalidate of:—

proceedings of the

Council.

(a) any vacancy, or any defect in the constitution of the Council; or

(b) any defect in the appointment of a person acting as the Chairperson;

or a Member; or

(c) any irregularity in the procedure of the Council not affecting the

merits of the case.

Meetings of the 14. (1) The Council shall meet not less than once in every three months in a year

Council.

at such time and place as may be determined by the Chairperson.

(2) The Chairperson shall preside over the meeting of the Council and if, for any reason, the Chairperson is unable to attend the meeting of the Council, the Chairperson of the Press Council of India, shall preside over the meeting:

Provided that if, the Chairperson of the Committee and the Chairperson of the Press Council of India both are unable to attend the meeting, any member so appointed by the Chairperson of the Council shall preside over the meeting.

(3) One-half of the total number of Members of the Council including the Chairperson shall constitute the quorum and all the acts of the Committee shall be decided by a majority of the members present.

(4) If on any matter there is an equality of voting among the members of the Committee, the Chairperson shall have and exercise the casting vote.

(5) At all times of voting, there should be at least two representatives of the Press as well as 2 from the Civil Society Organizations, who have worked in this field for at least ten years and have experience in the defence of freedom of speech and expression.

15. (1) The Unit for Admitting Cases and Rapid Reaction shall be responsible

Admitting

for:—

Cases and

Rapid

Reaction.

(a) receiving applications for consideration by the Committee, receiving information from the Committee on cases of which it has taken suo- moto cognizance, and receiving information from the police where a Media Person or Media Institution faces imminent arrest;

(b) conducting an evaluation for immediate action to determine whether

cases require Extraordinary or Ordinary Procedure; and

(c) defining and implementing urgent protection measures.

(2) Any media person or media institution facing arbitrary censorship, intimidation, violence, assault, or risk; physical or verbal, as defined in section 2, as a result of his or her profession, or a third party on behalf of such a person, may apply or communicate with the Committee through the Unit for Admitting Cases and Rapid Reaction.

(3) Any criminal cases involving arrest or imprisonment of a media person or media institution shall be placed before the Unit for Admitting Cases and Rapid Reaction by the concerned police department:

Provided that no arrest shall be made unless it is sanctioned by the

Committee.

Provided further that the evaluation as to whether the accused in a criminal case qualifies to be a media person or media institution shall be made by the Committee.

(4) The Unit for Admitting Cases and Rapid Reaction shall accept the application of the Petitioner, or information forwarded to the Unit by the Committee, and shall conduct an Evaluation for Immediate Action.

(5) In the event that it is determined, through a thorough assessment, that a person's life, physical integrity, or liberty is in imminent danger, Extraordinary Procedures may be employed in the case, and the Unit for Admitting Cases and Rapid Reaction shall take the following steps: —

(a) determine the Urgent Protection Measure to be used, no later than

three hours after receiving the application or the information;

(b) implement the Urgent Protection Measure no later than nine hours

after they have been determined;

(c) conduct a simultaneous evaluation of the Urgent Protection

Measure;

(d) submit a report of the evaluation and action taken to the Council;

and

(e) forward the case to the Risk Evaluation Unit for determination of the

Protection Plan, as in Ordinary Procedures.

(6) If it is determined that there is a prima facie assault or a threat against a media person or media institution, but no person's life, physical integrity, or liberty is in imminent danger, Ordinary Procedures shall be employed, and the Unit for Admitting Cases and Rapid Reaction shall forward the case to the Risk Evaluation Unit.

Risk

16. The Risk Evaluation Unit shall be responsible for:—

Evaluation

Unit.

(a) undertaking a Risk Assessment Study to analyse the determinants of risk levels applicable to the applicant or a prospective beneficiary, incorporating elements of gender- specific dangers;

(b) proposing protective and preventive measures;

(c) forwarding the findings of the study to the Executive Council no

later than ten days after receipt of the application; and

(d) determining the Protection Plan, no later than one week after receipt

of the study.

17. (1) When the Committee is prima facie of the view that it is expedient to

unfair extend protection to a media person or institution in situations where: —

prosecution.

(a) there lies allegations or investigation against a media person or

media institution; or

(b) there is an ongoing investigation, inquiry or trial involving a media

person, or;

(c) the material produced before it requires such intervention;

shall direct the Superintendent of Police of the district concerned to supervise the investigation and submit a report within fifteen days.

(2) If the district Superintendent of Police, in consultation with the District Prosecution Officer, is of the opinion that the case is fit for withdrawal from prosecution, it shall recommend the same to the Committee, which in turn shall forward its report to the appropriate Government requesting to take necessary action for withdrawal of the prosecution.

18. Notwithstanding any other Act currently in force, no media person or media institution while engaged in a news-gathering capacity, shall be compelled to disclose in any legal proceeding or trial, before any court, before the presiding officer of any tribunal, or before any committee or elsewhere, the sources of any information procured or obtained by him and published in the newspaper, periodical or website, broadcast by any broadcasting station, or televised by any television station in which he is engaged, connected with or employed.

Privileged

Communication.

19. The Central Government shall, after due appropriation made by

Parliament by law on this behalf, grant such sums of money to the

Committee, as it may think fit, for carrying out the purposes of this Act.

Central

Government to

provide adequate

funds to the

Committee.

20. (1) The Council shall prepare once in every year, in such form, manner and at such time as may be prescribed, an annual report giving a full account of the activities of the Committee during the previous year and such other reports and returns, as may be directed, and copies of such report and returns shall be forwarded to the Central Government.

(2) A copy of the annual report and returns received under sub-section (1) shall be laid, as soon as may be after it is received, before each House of Parliament.

Power to remove

difficulties.

21. (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 the said Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no order shall be made under this section after the expiry of a period of two years from the date of 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.

Power to make 22. (1) The Central Government may, by notification in the Official Gazette,

rules.

make rules for carrying out the purposes of the Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

STATEMENT OF OBJECTS AND REASONS

Media is the fourth estate of Indian democracy. In Romesh Thapar vs State of Madras and Brij Bhushan vs State of Delhi, the Supreme Court held that the freedom of press is an integral part of freedom of speech and expression guaranteed under article 19 (1) (a) of the Constitution. Article 19 of Universal Declaration and International Covenant on Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCR), as well as international standards including the Council of Europe's Platform to Promote the Protection of Journalism and the Safety of Journalists, Organisation of American States, International Declaration on Protection of Journalists Organisation for Security and Cooperation in Europe, etc. recognize that in a democratic society, the media should be simultaneously free and responsible.

India featured in the Reporters Without Borders (RSF) list of five deadliest countries in December, 2020. In 2023, India's ranking in the Press Freedom Index slipped from 140 in 2014 to 161, out of 180 countries. A study by Thakur Foundation shows that at least 198 serious attacks were recorded on press reporters between 2014 to 2019, and of these, 36 happened in 2019 alone. In 40 of these, journalists were killed. While the Government has committed to creating an enabling environment for independent press, suitable steps are required to safeguard journalist against increased violence, threats, denigration, arbitrary arrests and detention. The stakes of inaction are of the gravest nature both in human terms - a matter of life and death, even – and in democratic terms, due to the chilling effect on the very voices that permit citizens to form their opinions and ensure accountability. While the report of the Index Monitoring Cell did nothing to address issues of censorship, intimidation by agencies, etc. of media persons, recommendations of the Law Commission on journalistic privileges has also not been codified into law.

Therefore, there is an urgent need for a uniform and centralised legislation to monitor threats and violence against media persons and protect their rights and freedoms.

In view of the reasons stated, it is proposed to enact a legislation to

provide for: —

(i) a Register for Media Persons; and

(ii) a National Committee for Protection of Media Persons comprising of an Executive Council, a Unit for admitting cases and a rapid Reaction and a Risk Evaluation Unit- to conduct case specific evaluation, enquire and investigate and provide necessary protection to media persons and media institutions.

The Bill seeks to achieve the above objectives

MOHAMMED NADIMUL HAQUESec-2] THE GAZETTE OF INDIA EXTRAORDINARY 11 ____________________________________________________________________ ____________________________________________________________________

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the maintenance of a Register for Media Persons, while Clause 5 provides for the setting up of a National Committee for Protection of Media Persons and appointment of such number of officers, staff and experts thereto, as may be required, for the efficient discharge of its functions. Clause 11 provides for the salaries and allowances payable to as well as other terms and conditions of service of the Chairperson and Members of the Council as also to the officers, staff and experts. Clause 19 provides that the Central Government, shall after due appropriation made by Parliament by law in this behalf, grant such sums of money to the Committee, as it may think fit for carrying out the purposes of this Bill.

Therefore, the Bill, if enacted, would involve expenditure both of recurring and non-recurring nature from the Consolidated Fund of India. However, it is not possible at this juncture to estimate the exact expenditure likely to be involved.

MEMORANDUM REGARDING DELEGATEDLEGISLATION

Clause 21 of the Bill empowers the Central Government to make provisions through an order to remove any difficulties likely to arise in giving effect to the provisions of the Bill, after its enactment. Clause 22 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules and order(s) will relate to matters of detail only, the delegation of legislative power is of a normal character.

II

Bill No. XLII of 2024

A Bill to amend the Surrogacy (Regulation) Act, 2021 and the

Assisted Reproductive Technology (Regulation) Act, 2021.

BE it enacted by Parli ament in the Seventy-fifth Year of the Republic of

India as follows:–

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Surrogacy Laws (Amendment)Act, 2024.

Short title and commencement.

(2)This Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

CHAPTER II

AMENDMENTS TO THE SURROGACY (REGULATION) ACT, 2021

47 of 2021.

2. In the Surrogacy (Regulation) Act, 2021 (hereinafter referred to as the

Amendment of section 2.

principal Act), in section 2,—

(a) clause (h) shall be omitted;

(b) for clause (r), the following clause shall be substituted,

namely—

"(r) "intending person(s)" means person(s), who due to medical or biological reasons cannot undergo pregnancy and intends to become parent(s) through surrogacy.

Explanation— For the purposes of this clause, the

expression "intending person(s)" shall include:—

(i) same sex couples between the age of twenty-six years to fifty-five years in the case of males, and between the age of twenty-three years to fifty years in the case of females;

(ii) heterosexual married couples, where the male is between the age of twenty-six years to fifty-five years and the female is between the age of twenty- three years to fifty years; and

(iii) single males and single females between the age of

twenty-five years to fifty years.".

(c) clause (s) shall be omitted.

3. In section 4 of the principal Act, in clause (ii), sub-clause(a), after the word

Amendment of section 4.

"medical", the words "or biological" shall be inserted.

Amendment of section 17.

4. In section 17of the principal Act, in sub-section (2), clause (f), sub-clause (iv), after the words "women welfare organizations", the words "and organizations working for the welfare of LGBTQIA communities" shall be inserted.

CHAPTER III

AMENDMENTS TO THE ASSISTED REPRODUCTIVE TECHNOLOGY(REGULATION) ACT, 2021

42 of 2021.

5. In the Assisted Reproductive Technology (Regulation) Act, 2021, in

Amendment of section 2.

section 2, –

(a) for clause (e), the following clause shall be substituted, namely—

"(e)"commissioning person(s)" means infertile person(s), who approach an assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the services authorized of the said clinic or bank;

Explanation.— For the purposes of this clause, the expression "commissioning person(s)" shall include:—

(i) same sex couples between the age of twenty-six years to fifty-five years in the case of males, and between the age of twenty-three years to fifty years in the case of females;

(ii) heterosexual married couples, where the male is between the age of twenty-six to fifty-five years and the female is between the age of twenty-three to fifty years; and

(iv) single male and single females between the age of

twenty-five to fifty years."

(b) in clause (j), for the words "medical condition preventing a couple", the words "medical or biological condition preventing person(s)" shall be inserted.

STATEMENT OF OBJECTS AND REASONS

The Surrogacy (Regulation) Act, 2021 and The Assisted Reproductive

Technology (Regulation) Act, 2021 are heteronormative, patriarchal and

exclusionary. They inadvertently perpetuate gender norms and societal

structures that do not adequately address the diverse range of familial

arrangements and reproductive choices present in our complex social

landscape. Under the Surrogacy (Regulation) Act, 2021, surrogacy is made

available only for infertile heterosexual married couples or single women,

who are either widowed or divorced, completely omitting the LGBTQIA+

community and single unmarried women. It is not in the interest of the

progressive growth of the society in not acknowledging the reproductive

autonomy of women, as well as the rights of LGBTQIA+ individuals to

found a family. Article 16 of the Universal Declaration of Human Rights,

Article 17 of the International Covenant on Civil and Political Rights, and

Article 10 of the International Covenant on Economic, Social and Cultural

Rights recognise the universal right to parenthood. Additionally,

recognition of 'atypical families' or 'chosen families' beyond the

constraints of marriage, blood or adoption is required in consonance with

Articles 14, 15, 19 and 21 of the Constitution.

The Indian judiciary, conscious of this, regards the right to

procreate as a fundamental one. The Andhra Pradesh High Court

recognized the civil rights to rightly include the freedom to reproduce and

affirmed that "the right to reproductive autonomy" is inclusive under the

"right to privacy" in B. K. Parthasarthi v. Government of Andhra Pradesh.

In Navtej Singh Johar v. The Union of India, the LGBTQIA+ community

was assured to be entitled to equal legal rights and to be treated equally in

society without experiencing any stigma. In Supriyo v. Union of India, the

Supreme Court held that the Parliament should fill the vacuum in

legislation.

Therefore, by extending surrogacy rights, the Parliament would be

taking a progressive step towards inclusivity that mirrors the aspirations of

the population, fostering a society that respects the autonomy of individuals

and reflects the principles of equality and human rights enshrined in the

Indian Constitution and other international covenants and documents.

Embracing the principles of equality and non-discrimination, this Bill

strives to reform surrogacy laws, thus breaking down barriers for

individuals of diverse sexual orientations and gender identities. It

champions inclusivity and ensures that surrogacy becomes an accessible

and affirming avenue for all, irrespective of their sexual orientation or

marital status, to build families with dignity and equality.

The Bill seeks to achieve the above objectives.

MOHAMMED NADIMUL HAQUESec-2] THE GAZETTE OF INDIA EXTRAORDINARY 17 ____________________________________________________________________ ____________________________________________________________________

III

Bill No. LXXXIII of 2024

A Bill further to amend the Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act, 2013.

BE it enacted by Parliament in the Seventy-fifth Year of the Republic

of India as follows:―

1. (1) This Act may be called the Sexual Harassment of Women at Workplace

Short title and commencement.

(Prevention, Prohibition and Redressal) Amendment Act, 2024.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Amendment of

the long title.

14 of 2013.

2. In the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the principal Act), in the long title for the word 'women', the word 'persons', shall be substituted.

Amendment of

3. In the principal Act, in section 1, for sub-section (1), the following shall be

Section 1.

substituted, namely:―

"(1) This Act may be called the Sexual Harassment of Persons at Workplace (Prevention, Prohibition and Redressal) Act, 2013."

4. In the principal Act, unless the context otherwise requires, the words 'woman' or 'women', wherever it occurs in the Act, shall mean and include 'persons of all gender'.

References to certain expressions to mean and include certain other expressions.

5. In section 2 of the principal Act, ―

Amendment of Section 2.

(i) in clause (f),

(a) after the words "daily wage", the words, "or gig", shall be inserted; and

(b) after the words "co-worker", the words, "gig worker", shall be inserted.

(ii) in clause (g),

(a) in sub-clause (ii), after the word "workplace", the words, "gig workers, and platform workers;", shall be inserted; and

(b) in the Explanation, after the words "organisation", the words "including policies governing gig workers and platform workers;", shall be inserted.

6. In the principal Act, in section 4, in sub-section (2), after the proviso to

Amendment of Section 4.

clause (c), the following proviso, shall be inserted, namely:―

"Provided further that in the event that the aggrieved person belongs to a gender other than female and requires adequate representation on the Internal Committee, an additional representative from within the organization, belonging to the gender of the aggrieved person, shall be nominated on the Internal Committee, in such manner, as may be prescribed."

7. In the principal Act, in section 7, in sub-section (1), after clause (d), the

Amendment of Section 7.

following proviso, shall be inserted, namely:―

"Provided that in the event that the aggrieved person belongs to a gender other than female and requires adequate representation on the Local Committee, an additional representative from within the organization, belonging to the gender of the aggrieved person, shall be nominated on the Local Committee, in such manner, as may be prescribed."Sec-2] THE GAZETTE OF INDIA EXTRAORDINARY 19 ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

The Bill reflects the urgent need to protect all individuals in the workplace, regardless of their gender and nature of work, from sexual harassment. Recognizing that discrimination and harassment can affect people of all gender identities, this Bill seeks to make the legal framework more inclusive, progressive, and aligned with India's constitutional and social values.

There has been a flux in the Indian gig economy, which has introduced a large segment of workers who are often not covered under the traditional workplace protections. To address this gap, this Bill seeks to expand the definitions of "employee" and "employer" to explicitly include gig workers and platform workers. This aims to ensure that protections against sexual harassment extend to all types of work arrangements, reflecting the evolution of modern workplaces.

The Bill upholds the Fundamental Rights guaranteed by articles 14, 15 and 21 of the Constitution of India, which protect equality, prohibit discrimination, and ensure the right to life and personal dignity. The landmark case of NALSA v. Union of India (2014) recognized transgender persons as a third gender and affirmed their rights. This amendment, building on that precedent, extends protections to include all persons, thereby aligning the law with constitutional values and rights. This amendment aligns with the Court's recognition of the need for laws to evolve with changing social conditions, as underscored in cases such as National Textile Workers' Union v. P.R. Ramakrishnan and State v. S.J. Chowdhury, wherein, the Supreme Court has emphasized the importance of adapting statutory interpretation to contemporary societal values. By updating the language and definitions in the erstwhile POSH Act, this Bill acknowledges the shifting realities of gender identities and the evolving workforce. The amendment to cover persons of all gender identities, brings Indian law closer to global standards and recognizes the importance of inclusive workplace policies.

The Bill seeks to achieve the above objectives.

MOHAMMED NADIMUL HAQUE20 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ IV

Bill No. LXXII of 2024

A Bill to establish an Urban Areas (Development and Regulation) Committee to

ensure regulation and development of urban areas in the country and for all matters

connected therewith or incidental thereto.

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

as follows:—

Short title and 1. (1) This Act may be called the Urban Areas (Development and Regulation)

commencement.

Act, 2024.

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

notification in the Official Gazette, appoint.

Definitions.

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

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

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

(b) ―Committee‖ means the Urban Areas (Development and Regulation)

Committee established under section 3;

(c) ―prescribed‖ means prescribed by rules made under this Act; and

(d) ―Urban Areas‖ means the territorial areas of a Municipality as is

notified by the Government under article 243Q of the Constitution.

Explanation: For the purposes of this clause, ―Municipality‖ means an institution of Self-Government constituted under article 243Q of the Constitution.

Establishment

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

of Urban

establish a Committee to be known as the Urban Areas (Development

Areas

and Regulation) Committee for carrying out the purposes of this Act.

(Development

and

Regulation)

Committee.

(2) The Committee shall consist of—

(a) the Prime Minister of India who shall be the ex-officio

Chairperson of the Committee;

(b) the Union Minister of Housing and Urban Affairs — ex-

officio Member;

(c) one Member of Parliament each from the House of the

People and the Council of States to be nominated by the Presiding

Officers of the Houses concerned— ex-officio Member;

(d) a representative of the NITI Aayog to be appointed by the

Central Government in such manner as may be prescribed— ex-officio

Member;

(e) a representative from the Indian Administrative Services to

be appointed by the Central Government in such manner as may be

prescribed, who shall be the Member-Secretary to the Committee; and

(f) one senior architect engineer to be appointed by the

Central Government in such manner and on such salary and

allowances and terms and conditions of service, as may be

prescribed— Member.

(3) The Central Government shall appoint such number of officers and

staff, as it deems necessary, to aid the efficient functioning of the

Committee.

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

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

(5) The Committee shall meet at least twice in a month and shall observe such

rules of procedure with regard to transaction of business at its meetings as

may be prescribed by the Central Government.

Provided that the Committee shall meet at such time and place and at

such intervals, as the Chairperson of the Committee deems fit.

Provided further that the Union Ministry of Housing and Urban Affairs

shall provide secretarial assistance during the meetings of the Committee.

4. (1) The Committee shall recommend to the appropriate Government to,—

Functions of the Committee.

(a) ensure availability of means for the development and22 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ regulation of urban areas under this jurisdiction;

(b) impart modern training in techniques of urban development

to the institutions and persons involved in the regulation and

development of urban areas;

(c) ensure adherence to the stipulated method for financing the

development of urban areas, i.e., seventy-five percent. of the

expenditure shall be borne by the Central Government and rest of the

twenty-five percent. by the State Government;

(d) put an obligation onthe District Magistrate concerned to

ensure appropriate development and regulation of urban areas under his

jurisdiction;

(e) establish durable, strong and inclusive infrastructure

required for the development and regulation of urban areas in the

country;

(f) establish natural land cover including parks and

playgrounds in the urban areas in the country;

(g) ensure availability of safe housing, clean water, water

management, healthcare facilities and appropriate educational facilities

in the urban areas of the country;

(h) ensure complete ban on encroachment upon lakes, wet

lands and rivers;

(i) establish balance between supply and demand of public

transport facilities in the urban areas;

(j) ensure availability of electric buses, establish bus corridor

and bus rapid transit system for promoting green mobility in the urban

areas;

(k) promote e-participation of urban local bodies in the

development and regulation of urban area under their jurisdiction;

(l) establish suburbs along with metropolitan cities to make a

balance between population and resources; and

(m) undertake such other measures as are required for the

regulation and development of urban areas;

(2) The Committee shall prescribe the form and manner and the time within

which the appropriate Government shall prepare and submit an action taken

report on its recommendations.

5. The appropriate Government shall prepare a report on the action taken on the recommendations of the Committee including the reasons for non-

Duties of the appropriate Government. implementation and/or delay in taking action thereon and submit the report to

the Committee, in such form and manner and within such time, as may be

prescribed by the Committee.

Annual report.

6. (1) The Committee shall prepare once every year, in such form and manner as may be prescribed, an annual report giving the summary of its activities,

including schemes it has undertaken and recommended to the StateSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 23 ____________________________________________________________________ ____________________________________________________________________ Governments during the previous calendar year containing therein the

statements of annual accounts of the Authority.

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

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

as soon as it is received.

Central

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

Government

appropriation made by Parliament by law in this behalf, requisite funds

for carrying out the purposes of this Act.

to provide funds.

Power to

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

Central Government, in consultation with the State Governments, may make

remove difficulty.

such order or give such direction, not inconsistent with the provisions of this

Act, as appears to it to be necessary or expedient for the removal of any

difficulty:

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

from the date of commencement of this Act.

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

Power to make rules.

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.

STATEMENT OF OBJECTS AND REASONS

India's biggest tragedy after independence is the migration of about fifty crore

people from their ancestral homes and villages. A study of the changes in this socio-

economic structure reveals that almost one-third of the country's population (about

31.16 percent.) is now living in cities. Census data of 2011 shows that the number of

people leaving the villages and migrating to the cities is increasing constantlyand

now thirty-seven crore and seventy lakh people live in the cities. On comparing the

figures of 2001 and 2011 census, it is found that during this period the population of

cities increased by nine crore and ten lakhs, whereas the population of villages

increased by only nine crore and five lakh.

The population of villages in the country is still about 68.84 crore, that is, two-

thirds of the total population of the country, but the contribution of agriculture in the

country's GDP has been continuously decreasing to only fifteen per cent. There is a

decline in the standard of living in villages, lack of education, health care and basic

facilities and lack of employment, and so people there are moving to the cities in

search of a better life. As a result, all big cities including the metropolitan cities of

the country have turned into slums. Out of a total of 7.89 crore families living in

cities across the country, 1.37 crore families live in slums.

Urbanization should be seen as an opportunity and urban centers as engines of

growth. Urban and rural development in the country should complement each other.

If we analyze from the perspective of development in the field of urbanization in

different States of India, it is evident that the quantum and speed of urbanization in

different States is not the same. For urbanization and development to move on the

same track, there should be people-centric urban development, which can weave the

fabric of such cities and which shall be built according to the required global

standards. A city that is two steps ahead of people's aspirations, a city built on

global best practices, a city that integrates technology, transportation, energy

efficiency, proximity to work, etc. A city where all urban development plans are

undertaken with people's participation.

As per a report by the United Nations, globally, a total of 31 such cities are

home to an estimated 5 crore people. This is 6.8 per cent. of the world's total

population. By the year 2030, the number of mega cities shall increase to 41 and

their population shall be 7.3 crore, which would be 8.7 per cent. of the population of

the entire world. The administrative boundaries of the cities have not been relied

upon in this report. Instead, priority has been given to use the concept of growing

urban area. The report reveals that only people from urban areas live in these mega

cities. About 21 per cent. of the world's people live in cities, whose population is

between 50 thousand and one crore. By the year 2030, 60 percent of the world's

population shall live in small and big cities, which is currently 54 per cent. Most

developing cities in Asia and Africa are seeing population growth, and by 2030, 33

of the 41 mega cities shall be in third world countries.

According to a report by the Department of Economic and Social Affairs of

United Nations, by the year 2030, India shall have seven mega cities, each with a

population of 96 lakh. Among these seven, Delhi shall be second in terms of

population.

The World Cities Report, 2016 states that at present, the country has five mega

cities, - Delhi, Mumbai, Kolkata, Bangalore and Chennai, each with a population ofSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 25 ____________________________________________________________________ ____________________________________________________________________ more than one crore. Hyderabad and Ahmedabad will also join the ranks by the year

2030.

The need is to create development centers across the country instead of

adopting foreign models for urbanization. Inequality and imbalance shall increase

further by adopting foreign models. Uneven and imbalanced urbanization is not

correct considering the diversity of India. In view of the above, the present Bill is

very important so that the people of the urban areas of India may be able to live in

conditions suitable for humans.

Hence, this Bill.

BHIM SINGH26 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the establishment of an Urban Areas

(Development and Regulation) Committee with a senior architect engineer to be

appointed as a member thereto. It also provides for appointment of requisite number

of officers and staff to assist the Committee as well as their salary and allowances

and other terms and conditions of their service. Clause 7 provides for the Central

Government to provide requisite funds to the Committee for carrying out the

purposes of the Bill.

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

two hundred crore per annum will be involved from the Consolidated Fund of India.

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

involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 of the Bill empowers the Central Government, in consultation with

the State Governments, to make such order or give such direction for removing any

difficulty in giving effect to the provisions of the Bill. Clause 9 empowers the

Central Government to frame rules for carrying out the purposes of the Bill. As the

orders, directions and rules will relate to matters of detail only, the delegation of

legislative power is of a normal character.

V

Bill No. LXV of 2025

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:–

1. (1) This Act may be called the Constitution (Amendment) Act, 2025.

Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In the Preamble to the Constitution, the words "SOCIALIST" and

Amendment of the Preamble.

"SECULAR" shall be omitted.

3. Nothing in this Act shall affect the operation of any provision of the Constitution, unless explicitly amended by Parliament in exercise of its constituent power under article 368.

Act not to affect operation of any provision of the Constitution.

STATEMENT OF OBJECTS AND REASONS

The purpose of this Bill is to omit the words 'Socialist' and 'Secular' from the Preamble to the Constitution of India, which were added by way of the Constitution (Forty-second Amendment) Act, 1976. This Bill seeks to correct the apparent violation of democratic standards and to restore the original, unaltered Preamble adopted by the Constituent Assembly on November 26, 1949 and its constitutional validity in accordance with the original vision of the founding fathers of the Constitution and to address the deep ideological tensions that were triggered during the Emergency period.

The Forty-second Amendment, commonly referred to as the 'Mini Constitution', was enacted in 1976 during a time when the country was placed under a state of Emergency when civil liberties were suspended, and most of the leaders of the opposition were imprisoned. The said amendment was passed by the Parliament expeditiously leading to widespread concerns about its implications. The apparent arbitrariness of this process, the absence of opposition dissent and the imprisonment of leaders have raised questions about its constitutional validity and the sanctity of the democratic process to this day.

The words 'Socialist' and 'Secular' were not in the original Preamble and this was a reasoned priority of the founding fathers of the Constitution. The founding father of the Constitution, Dr. B. R. Ambedkar, clearly opposed the inclusion of the term "Socialist", stating that it would "completely destroy democracy", as it would bind the future generations to a particular economic ideology and deprive them of the freedom to choose their own paths according to time and circumstances. Similarly, he considered the term "Secular" unnecessary, as the fundamental structure of the Constitution had already ensured the religious freedom and the neutrality of the State in Articles 25 to 28. The Preamble was a fundamental principle declaration, not a code bound by any rigid ideological framework. Thus, omission of these words would be a sign of respect towards the original intent and vision of the Constituent Assembly.

It is also significant that even in the absence of these words in the Constitution, it had clearly incorporated the principles of protecting the rights of the minorities, and ensuring religious freedom, and economic justice. From the very beginning, the values of liberty, equality, justice, and fraternity have been at the core of the Preamble and the Constitution. Therefore, it is reasonable to say that the Constitution was inclusive and equitable even without these additional words.

"Socialism" and "Secularism" are often considered western concepts that do not align with cultural and civilisational traditions of India. India's religious perspective is based on the principle of 'Sarva Dharma Samabhava', which reflects a sense of equal respect for every religion, rather than the necessity of complete separation of religion from the State. In the Indian tradition, religion has been an integral part of life, not an element that should be completely separated from public life. After the addition of the term 'Secular', a misconception arose that the State has to maintain distance from all religious activities, which is contrary to the spirit of the Indian tradition.

Similarly, the Indian version of socialism turned into a system of government control, subsidy-based arrangements, and a bureaucratic mechanism, which stifled the possibilities of innovation, competition, and private initiative. It could neither eradicate poverty nor mitigate economic inequality. Instead, it gave birth to a corrupt and inefficient system. In contrast, Indian economic concepts such as Gandhian 'trusteeship' have been based upon service, obligation, and community welfare.

The addition of these words has led to criticism as promoting 'artificial secularism' and 'politics of appeasement' . Removal of these words will allow India to redefine its national identity and guiding principles based on its own cultural and philosophical heritage.

The addition of these words through the 42nd amendment was an apparent violation of democratic ideals. Through this Bill, the Parliament can send a clear message that constitutional amendments should only be made through free and fair democratic deliberations and not as a tool for centralization of power or authoritarian tendencies.

Though, the Hon'ble Supreme Court of India has held 'Secularism' and 'Socialism' as part of the basic structure of the Constitution, as seen in the rulings such as Kesavananda Bharati vs. State of Kerala (1973) and the recent Dr. Balaram Singh vs. Union of India (2024), this Bill is a strong assertion of the legislative sovereignty of the Parliament. This gives the judiciary an opportunity to review whether any principle could be part of that "Basic Structure" which has been added to the Constitution through an apparent undemocratic process, while democracy itself is the fundamental basis of the basic structure. This legislative initiative simultaneously challenges the judicial concepts and also demonstrates that the will of Parliament is the highest constitutional expression in a democracy.

Hence, this Bill.

BHIM SINGH.

VI

Bill No. XCII of 2024

A Bill to establish mandatory procedures for evaluating the impact of enacted

legislation within each Ministry of the Central Government, creating

Legislative Impact Assessment Units to ensure comprehensive

assessments, administrative planning, stakeholder engagement,

and centralised oversight through a Legislative Impact

Assessment Committee and for matters connected

therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-fifth Year of the Republic of

India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Legislative Impact Assessment Act, 2024.

Short title and commencement.

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

by notification in the Official Gazette, appoint.

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

(a) "Committee" means the Legislative Impact Assessment Committee, a central oversight body constituted under section 9 of this Act;

(b) "enacted legislation" or "legislation" means any Government or Private Members' Bill considered and passed by both Houses of Parliament and duly notified in the Official Gazette as an Act of Parliament after assent by the President of India;

(c) "impact assessment or legislative impact assessment" means a structured evaluation process to assess the social, economic, environmental, administrative, and judicial effects of enacted legislation;

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

(e) "public consultation" means the conducting of a physical or online meeting between the Legislative Impact Assessment Units within each Ministry/ Department, the identified stakeholder(s) and/or the general public to discuss and receive inputs on enacted legislation or obtaining feedback /opinion from them in such form as may be prescribed;

(f) "stakeholders" include individuals, groups, or organisations likely to be affected by the legislation; and

(g) "Unit" means the Legislative Impact Assessment Unit, a specialised unit established within each Ministry / Department under section 3 of this Act, to carry out legislative impact assessments as per the provisions of this Act.

CHAPTER II

LEGISLATIVE IMPACT ASSESSMENT UNITS

Establishment of Legislative Impact Assessment Units.

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

Gazette, establish, a Legislative Impact Assessment Unit, within each

Ministry or Department of the Central Government, which shall be

responsible for assessing the impact of an enacted legislation, coming

under its jurisdiction.

(2) Each Unit shall operate independently within each Ministry/ Department, to ensure the objective and impartial analysis of the enacted legislation.

(3) Each Unit shall have the power to regulate its own procedure with respect to the conduct of and transaction of its business with respect to the functions assigned to it under the Act.

4. Each Unit shall consist of the following, namely —

Composition of the Unit.

(i) a Chairperson – to be appointed by the Central Government, in such manner, as may be prescribed;

(ii) the following officers of the Ministry/Department concerned as ex- officio Members —

(a) Secretary of the Ministry/Department;

(b) Additional Secretary of the Ministry/Department; and

(c) Joint Secretary of the Ministry/Department;

(iii) the following persons to be appointed by the Central Government as Judicial Members, in such manner as may be prescribed:

(a) one retired Supreme Court Judge; and

(b) two retired High Court Judges.

(iv) Subject matter experts like policy analysts, economists, environmentalists, public health experts, data analysts etc., as external (ad-hoc) Members, to be appointed by the Central Government, in such manner as may be prescribed;

(v) any other persons as the Ministry / Department concerned may consider necessary for the effective discharge of the functions of the Unit, as Members, to be appointed by the Central Government, in such manner as may be prescribed:

Provided that the total number of Members of the Unit shall not at any point of time exceed twenty.

5. (1) The Chairperson and Members of the Unit shall hold office for such

term, as may be prescribed.

Term of office and conditions of service of the Chairperson and Members.

Provided that the Judicial and ad-hoc Members of the Unit shall hold office for a term not exceeding six years from the date on which they enter upon office and shall not be eligible for reappointment.

(2) The qualifications and experience, salaries, remuneration and

allowances payable to, and other terms and conditions of service of,

the Chairperson and Members of the Unit shall be such as may be

prescribed.

6. (1) Notwithstanding anything contained in sub-section (1) of section 5, the Chairperson or any Member may, by writing given under his hand to the Central Government, resign from his office at any time.

Resignation and removal and filling of vacancy(ies).

(2) The Central Government may, by order, remove from office, the Chairperson or any Member, if the Chairperson, or as the case may be, such other member —

(a) has been adjudged an insolvent; or

(b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or

(c) becomes of unsound mind and stands so declared by a competent court; or

(d) refuses to act or has become physically or mentally incapable of acting in his official capacity; or

(e) is, without obtaining leave of absence from the Unit, absent from three consecutive meetings of the Unit; or

(f) has, in the opinion of the Central Government, so abused his office as to render his continuance in office detrimental to the interest of office or the public interest:

Provided that no person shall be removed from office under this clause, unless that person has been given a reasonable opportunity of being heard in the matter.

(3) Any vacancy in the Units shall be filled as soon as may be possible and, in any case, not later than three months from the date of occurrence of such vacancy.

Officers and

Staff of each

Unit.

7. (1) The Central Government, shall provide such number of officers

and staff to each Unit, as may be considered necessary for the efficient

discharge of its functions under this Act.

(2) The method of recruitment, the qualifications and experience, the

salaries and allowances payable to, and other terms and conditions of

service of, the officers and staff, so appointed, shall be such as may be

prescribed.

Functions of

8. Each Unit shall perform all or any of the following functions, namely:—

the Unit.

(i) examine whether the enacted legislation is meeting its intended objectives using data-driven metrics, policy analysis, and feedback from affected groups;

(ii) conduct analyses to detect any unforeseen impacts or implementation challenges, including those related to administrative burden, financial costs, or social welfare or economic, environmental and legal impacts;

(iii) evaluate the effectiveness, compliance, and implementation outcomes of enacted legislation and conduct performance measurement to assess the results against measurable outcomes;

(iv) conduct perception surveys involving stakeholder consultation of the perceived impact, both benefits and costs, of enacted legislation;

(v) ensure alignment with the guidelines issued by the Committee and best practices, especially in complex or cross-sectoral legislation;

(vi) generate detailed Legislative Impact Assessment Reports summarising findings and assessment results related to legislative impact of legislations and containing recommendations including amendments or improvements in existing legislation, and data visualisations thereof, for transparency and public access, in accordance with the stipulated timelines and in such form and manner as may be prescribed and submit such reports to the Committee;

(vii) provide technical and policy advice to the Ministry/Department concerned on the legislative process and regulatory changes required to address any issues identified; and

(viii) any other matter related to legislative impact assessment or otherwise, which may be referred to it by the Central Government from time to time.

CHAPTER III

LEGISLATIVE IMPACT ASSESSMENT COMMITTEE

Constitution of

the Legislative

Impact

Assessment

9. (1) The Central Government shall, by notification in the Official

Gazette, constitute a body, to be known as the Legislative Impact

Assessment Committee (LIAC), to exercise the powers conferred on,

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

Committee.

(2) The Committee shall serve as a central body to provide oversight, guidance, and support to the Units established under section 3 in conducting legislative impact assessments.

(3) The Committee shall function under the administrative control of the Union Ministry of Law and Justice and shall operate in accordance with such regulations and guidelines, as may be issued by the Ministry, from time to time, for the effective discharge of its functions under this Act.

10. The Committee shall consist of the following, namely, —

Composition of the Committee.

(i) a Chairperson, who shall be:

(a) a retired Judge of the Supreme Court of India, or

(b) a distinguished jurist with not less than twenty-five years of experience in constitutional and administrative law,

to be appointed by the President of India by warrant under his hand and seal on the recommendation, in such manner as may be prescribed, of a Selection Committee, which shall consist of:

(a) the Prime Minister of India;

(b) the Chief Justice of India; and

(c) the Leader of the Opposition in the House of the People;

(ii) five Ex-officio Members, namely —

(a) Secretary, Legislative Department, Union Ministry of Law and Justice – Member Secretary;

(b) Secretary, Union Ministry of Finance;

(c) Secretary, Union Ministry of Parliamentary Affairs;

(d) Secretary, NITI Aayog; and

(e) Secretary, Department of Legal Affairs, Union Ministry of Law and Justice;

(iii) three Judicial Members, namely —

(a) two retired High Court Judges, to be nominated by the Chief Justice of India, in such manner as may be prescribed; and

(b) one senior advocate with expertise in legislative drafting, to be nominated by the Minister of Law and Justice, in such manner as may be prescribed;

(iv) six Expert Members, namely, to be appointed by the Union Ministry of Law and Justice, on the recommendation of the Search- cum-Selection Committee as provided under section 12 and in such manner as may be prescribed–

(a) three distinguished policy experts with experience in:

(i) public policy and governance; or

(ii) economic and social impact assessment; or

(iii) data analytics and research methodology.

(b) one expert in environmental impact assessment;

(c) one expert in technology and digital governance; and

(d) one expert in public administration;

(v) two Academic Members, who shall be distinguished professors from premier institutions specializing in the following:—

(a) law and governance; or

(b) public policy or social sciences,

to be appointed by the Union Ministry of Law and Justice on the recommendation of the Search-cum-Selection Committee as provided under section 12 and in such manner as may be prescribed.

Qualifications

for appointment

to the

11. (1) All Members including the Chairperson to be appointed to the Committee shall have at least fifteen years of experience in their respective fields; and

Committee.

(2) The Chairperson and all Members shall have demonstrated experience in policy analysis, legislative review or impact assessment; and

(3) The Chairperson and no Member shall have any conflict of interest with their role in the Committee.

Selection

Process of

Expert and

Academic

12. (1) A Search-cum-Selection Committee, to be headed by the Cabinet Secretary shall, recommend names for appointment as Expert and Academic Members of the Committee, in such manner as may be prescribed;

Members of the

Committee.

(2) The selection process shall ensure representation from diverse backgrounds and expertise relevant to the functions of the Committee and shall be in such manner as may be prescribed.

Provided that at least one-third of the total number of Expert and

Academic Members so selected shall be women.

Terms of office

13. (1) The Chairperson shall hold office for a term not exceeding five years

and conditions

and shall not be eligible for reappointment;

of service of

the Chairperson

and Members.

(2) The Expert and Academic Members shall hold office for a term not exceeding three years and shall not be eligible for reappointment; and

(3) All other Members shall hold office for such term as may be prescribed and shall be eligible for reappointment for an additional term.

(4) The salaries, remunerations and allowances payable to and other

terms and conditions of service of the Chairperson and Members of

the Committee shall be such as may be prescribed.

Resignation

and removal.

14. (1) Notwithstanding anything contained in sub-section (1) of section 13, the Chairperson may, by writing given under his hand to the President, resign from his office at any time.

(2) Notwithstanding anything contained in sub-sections (2) and (3) of section 13, any Member of the Committee may, by writing given under his hand to the Union Ministry of Law and Justice, resign from his office at any time.

(3) The President may, by order, remove from office, the Chairperson and the Union Ministry of Law and Justice may, by order, remove from office, any Member, if the Chairperson, or as the case may be, such other member —

(a) has been adjudged an insolvent; or

(b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the President or the Union Ministry of Law and Justice, involves moral turpitude; orSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 37 ____________________________________________________________________ ____________________________________________________________________ (c) becomes of unsound mind and stands so declared by a competent court; or

(d) refuses to act or has become physically or mentally incapable of acting in his official capacity; or

(e) is, without obtaining leave of absence from the Committee, absent from three consecutive meetings of the Committee; or

(f) has, in the opinion of the President or the Union Ministry of Law and Justice, so abused his office as to render his continuance in office detrimental to the interest of office or the public interest:

Provided that no person shall be removed from office under this clause, unless that person has been given a reasonable opportunity of being heard in the matter.

Vacancy(ies) etc. 15. (1) Any vacancy in the Committee shall be filled as soon as may be possible and, in any case, not later than three months from the date of such vacancy.

(2) No act or proceeding of the Committee shall be questioned or shall be invalidated merely by reason of:

(a) any vacancy in, or any defect in the constitution of, the Committee; or

(b) any defect in the appointment of a person as Chairperson or Member of the Committee; or

(c) any irregularity in the procedure of the Committee not affecting the merits of the case.

16. (1) The Committee shall meet at least once every quarter in each calendar

year.

Meetings of the Committee and quorum.

(2) The quorum for the meetings of the Committee shall be one-half of the total members of the Committee.

(3) The Chairperson shall preside over the meetings of the Committee and in his absence, any Member, so elected by the Committee from the Members present, shall preside.

(4) The decisions of the Committee shall be taken by majority vote of the members present at such meeting, and in the case of an equality of votes on any matter, the Chairperson shall have, and exercise, a casting vote.

Administrative support to the Committee.

17. (1) The Committee shall be assisted in the efficient discharge of its

functions under the Act by a secretariat, headed by the Member

Secretary of the Committee.

(2) The secretariat shall consist of such number of officers and staff

including technical staff for data analysis, research, and coordination

with the Legislative Impact Assessment Units, as may be deemed

necessary, to be appointed by the Union Law and Justice, in such

manner as may be prescribed.

(3) The method of recruitment, qualifications and experience, salaries

and allowances payable to, and other terms and conditions of service

of, the officers and staff, so appointed, shall be such as may be

prescribed.

Functions of

18. The Committee shall perform all or any of the following functions,

the Committee.

namely: —

(i) formulate and mandate policy guidelines and assessment methodologies for the Units to ensure uniform quality and reliable assessments across Ministries/Departments;

(ii) oversee and verify the assessments conducted by the Units to ensure objective, data-based analyses;

(iii) formulate and forward standardized data collection, analysis protocols and public consultation methodologies to each Unit to ensure that assessments made by them are data-driven, unbiased and consistent;

(iv) compile the findings received from the Unit of each Ministry or Department in the form of Legislative Impact Assessment Reports, as referred to under clause (vi) of section 8 into a Consolidated Annual Legislative Impact Assessment Report, outlining the successes, challenges and the extent of fulfillment of the objectives of the legislation and summarising trends, challenges, and recommendations of the Committee, in accordance with the timelines and in such form and manner as may be prescribed and take further action thereon in accordance with the provisions of section 23 of the Act;

(v) facilitate inter-Ministry cooperation for laws that intersect multiple jurisdictions to ensure thorough cross-sectoral assessments;

(vi) the functions as stipulated in sub-sections (3) to (6) of section 22 and sub-sections (1) and (5) of section 24; and

(vii) any other matter related to its functions or otherwise, which may be referred to it by the Central Government, from time to time.

CHAPTER IV

ASSESSMENT METHODOLOGY AND PROCESS

Timelines for

Legislative

Impact

Assessments.

19. The initial legislative impact assessment shall be conducted within three years from the date of commencement of each Central legislation and subsequently periodic assessments shall be carried out at intervals of every five to ten years, as deemed necessary.

Process of the

20. The process for conducting legislative impact assessments shall include

Assessments.

any or all of the following methodologies, namely, —

(a) Data-Driven Audits – using advanced data analytics tools to evaluate

the impact and performance of legislation;

(b) Stakeholder Consultations – gathering real-time feedback from

those affected by the legislation;

(c) Periodic Reviews – conducting assessments at mandated intervals, as may be prescribed, based on clear performance indicators such as economic growth, social welfare metrics, and environmental impact; and

(d) Field Surveys and Case Studies – conducting targeted research on

regional and sectoral impacts of the legislation.

CHAPTER V

DATA COLLECTION AND STAKEHOLDER ENGAGEMENT

Data Collection and Analysis Protocols.

21. (1) Every Unit shall employ standardised data collection, analysis protocols and public consultation methodologies, as mandated by the Committee, to ensure that assessments are data-driven, unbiased, and consistent.

(2) Ministries or Departments with overlapping responsibilities shall collaborate in data sharing and analysis, providing a unified understanding of the legislation's impact across sectors.

(3) Ministries or Departments shall collect, both quantitative and qualitative data, employing qualitative research methods, including document analysis, in-depth interviews with key informants from legislative, administrative, and legal sectors, individuals impacted by laws, and experts in various fields on the implementation and effects of the legislation.

(4) The primary intention of data collection shall be to assess whether the intended objectives of the legislation are being achieved, and to analyse unintended consequences, cross-sector impacts, and cost-benefit metrics.

(5) Data collection and analysis protocols shall ensure collection and maintenance of comprehensive and reliable data, with data interoperability and integral 'anti-fudging' mechanism inbuilt therein.

(6) A digital tool such as 'leanbot' shall be developed and deployed to prevent legal conflicts, ambiguities and enactment of cross-purpose and overlapping laws regarding antitrust through self-identification of commonalities and potential conflicts across related laws and resolution thereof.

(7) With the objective of gaining deeper insights into the long-term effects of major legislation, longitudinal studies spanning ten to fifteen years shall be initiated, aiming to identify socio-economic, environmental, and legal impacts that may not be immediately apparent in short-term assessments.

22. (1) The Committee shall identify key stakeholders, from amongst —

Stakeholder engagement and public feedback.

(a) citizens, in particular directly affected groups, civil society organisations, industry leaders, academia, activists, unions and associations, other interest and pressure groups; and

(b) local elected Governments bodies such as Panchayats, Zila Parishads, Municipalities, bureaucrats, self-help groups, who shall play a crucial role in data collection and analysis.

(2) Zila Parishads shall serve as primary entities for data collection, and shall collect data by employing a bottom-up approach, collecting diverse, representative, and authentic feedback through gram panchayats.

(3) The Committee shall organise state level, focused group

consultations, in both urban and rural areas, including discussions

with civil society organisations, industry leaders, academia, activists,

unions and associations, other interest and pressure groups, allowing

for a more inclusive approach to gathering feedback, considering the

needs of various societal groups.

(4) The Committee shall organize expert workshops with

academicians, economists, legal professionals, and sectoral experts,

involving policy think tanks, Universities, and associations for in-

depth technical discussions and data-driven assessments of the laws.

(5) The Committee shall establish a dedicated digital portal, where

citizens can submit their opinions, grievances, and suggestions on any

Central legislation, ensuring a streamlined and accessible feedback

process.

(6) The Committee shall widely publicise the dates, locations, and

formats for consultations through newspapers, government websites,

official notifications, and radio and TV broadcasts to ensure broad

public awareness.

CHAPTER VI

REPORTING AND PARLIAMENTARY OVERSIGHT

Legislative Impact Assessment Report.

23. (1) The Committee shall publish the Annual Legislative Impact Assessment Report, as referred to under clause (iv) of section 18, on its website in a conspicuous manner for access by the general public and invite feedback/suggestions from all stakeholders including the general public, in accordance with the timelines as may be prescribed.

(2) The Committee shall after collecting and analyzing the feedback received, generate easily understandable data visualizations and concise policy briefs and publish them as an Addendum to the Report, referred to in sub-section (1), to ensure that both government officials and the general public can easily grasp the key findings and recommendations contained therein.

(3) The Committee shall also facilitate translation of such Reports into all the regional languages given under the Eighth Schedule of the Constitution to enable their wide-spread access, availability and understanding by diverse stakeholders.

Submission of Annual Legislative Impact Assessment Report to Parliament.

24. (1) The Committee shall submit the Annual Legislative Impact Assessment Report, along with its Addendum, as referred to under sub-section (2) of section 23, and containing recommendations for necessary amendments in legislations, within six months of its completion, to the Central Government, who shall, as soon as it is received, cause it to be laid before each House of Parliament.

(2) The Committee shall forward the Report, as referred to in sub-section (1), after its presentation to Parliament, to the concerned Ministry or Department for initiating necessary amendments to the legislations concerned and bringing an amendment Bill, as the case may be, after due process, for consideration and passing by the Parliament:

(3) The Ministries or Departments concerned shall lay the Action Taken Report on the Report of the Committee, as referred to in sub-section (2) containing therein the status of action taken on the recommendations contained therein and the reasons for non-acceptance, if any, of any of the recommendations of the Committee, before each House of Parliament.

Central

Government to

provide funds.

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

Parliament by law in this behalf, provide requisite funds, from time to

time, for carrying out the purposes of this Act.

(2) The funds so provided under sub-section (1) shall be allocated to

each Ministry / Department of the Central Government, for the

purpose of meeting expenditure incurred on establishment and

maintenance of their respective Legislative Impact Assessment Units,

including personnel and operational expenses, such as data collection,

and other resources required for the performance of its functions

under this Act.

CHAPTER VII

MISCELLANEOUS

Power to remove difficulties.

26. (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 may appear to be necessary for removing the difficulty.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

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

Power to make rules.

make rules for carrying out the provisions of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

STATEMENT OF OBJECTS AND REASONS

In India, once laws are enacted, there is often insufficient follow-up to determine whether these laws achieve their intended objectives or create unforeseen challenges. This gap in post-legislative assessment has led to significant issues, including excessive burdens on the judiciary, confusion in implementation, and unintended hardships for citizens. A structured framework for evaluating the impact of laws after enactment will address these issues, allowing for informed adjustments and amendments, where necessary.

The Bill aims to create a transparent system/process for checking how well laws are working after they are put into action, analysing their effects on intended stakeholders and communities, to make sure they are helpful, relevant and fulfilling the intended objectives. By setting up regular reviews, the Bill helps hold lawmakers accountable, making it easier to spot and fix any unexpected errors, which is likely to lead to better governance and protect public interest. It also relieves the judiciary of excess burden to review every legislation that is passed by the legislature, wasting crucial time for a country so burdened with pending caseload. An in-built legislative mechanism that will carry out comprehensive legislative impact assessment at regular intervals post enactment of a law will ensure that the crucial practice of post enactment impact assessment is carried out systematically without arbitrary, ad hoc burden on other institutions.

In recent years, legislative amendments to the Consumer Protection Act, 2019 and Section 138 of the Negotiable Instruments Act have been brought before judicial review where courts have highlighted the importance of legislative impact assessment. Amendments to the Consumer Protection Act expanded district forum jurisdiction, leading to a surge in cases and overwhelming the judicial system. Similarly, Section 138 of the Negotiable Instruments Act, provisioning criminalization of cheque-bounce cases has placed nearly 15 per cent. of criminal case burdens on courts. These examples underscore the need for structured impact assessments to identify such issues early and adjust legislation accordingly.

Legislative impact assessments are standard practice in other democracies. Countries like the United Kingdom and Finland have successfully implemented frameworks to ensure regular, data-informed reviews of laws. The United Kingdom, for example, mandates legislative assessments for regulatory and policy interventions, while Finland and Kenya employ structured frameworks for assessing the economic, social, and administrative impacts of new laws. Aligning India's legislative process with these international practices would foster a more transparent and effective governance system, responsive to the evolving needs of society.

This Bill proposes a decentralised model, establishing Legislative Impact Assessment Units (LIAUs) within each Ministry, supported by a central Legislative Impact Assessment Committee (LIAC). These LIAUs will conduct thorough assessments, measuring impacts on social welfare, economic stability, administrative efficiency, and judicial resources. Such a framework will ensure that each Ministry takes responsibility for its legislation, and a centralised LIAC will provide oversight, guidelines, and periodic reporting to Parliament.

The Legislative Impact Assessment Act, 2024 will enable evidence-based adjustments to legislation, reduce judicial burdens, and improve public accountability. By instituting a structured evaluation process, this Bill will support good governance and contribute to a well-functioning legal system that aligns with the evolving needs of the people of India.

Hence this Bill.

K. R. SURESH REDDYSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 43 ____________________________________________________________________ ____________________________________________________________________

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the establishment of the Legislative Impact Assessment Units (LIAUs) in each Ministry or Department of the Central Government and Clause 4 provides for the composition of each Unit. Clause 5 provides for the salaries and allowances and other conditions of service of the Chairperson and Members of each Unit, whereas Clause 7 provides that the Central Government shall appoint such number of officers and staff to each Unit to assist their functioning and for the salaries and allowances payable to and the terms and conditions of service of such officers and staff.

Clause 9 of the Bill provides for the constitution of the Legislative Impact Assessment Committee (LIAC), to guide and monitor the activities of the Units and Clause 10 provides for the composition of the Committee. Clause 13 inter alia provides for the salaries and allowances payable to and other conditions of service of the Chairperson and Members of the Committee, Clause 17 provides for a Secretariat consisting of such number of officers and staff including technical staff to assist the functioning of the Committee and for the salaries and allowances payable to them and their conditions of service. Clause 22 lays down some of the functions of the Committee such as organising of public consultations and workshops with diverse stakeholders and the general public for data collection and assessment of legislative impact etc. and establishing a dedicated web portal for carrying out the purposes of the Bill. Clause 25 provides that the Central Government shall provide adequate funds for the purposes of the Bill and such funds shall be allocated to each Ministry/Department of the Central Government for the purpose of meeting expenditure incurred on establishment and maintenance of their respective Legislative Impact Assessment Units, including personnel and operational expenses, such as data collection, and other resources required for the performance of its functions under this Act.

The Bill, therefore, if enacted will involve expenditure, both of recurring and non-recurring nature, from the Consolidated Fund of India. However, it is difficult to estimate the exact expenditure likely to be involved at this juncture.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 26 of the Bill empowers the Central Government to make such provisions through an order for removing any difficulty that might arise in giving effect to the provisions of the Bill. Clause 27 of the Bill empowers the Central Government to make rules, for carrying out the purposes of the Bill.

As the matters in respect of which rules or orders may be made are matters of procedure and administrative detail only, the delegation of legislative power is, therefore, of a normal character.

VII

Bill No. XCV of 2024

A Bill further to amend the Representation of the People Act, 1950.

BE it enacted by Parliament in the Seventy-fifth Year of the Republic

of India as follows:—

1. (1) This Act may be called the Representation of the People (Amendment)

Short title and commencement.

Act, 2024.

(2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.

43 of 1950.

Amendment of section 19.

2. In the Representation of the People Act, 1950 (hereinafter referred to as the principal Act), in section 19, in clause (b), for the words, "is ordinarily resident in a constituency", the words, "is ordinarily or usual resident in a constituency", shall be substituted.

Amendment of

3. In the principal Act, in section 20A, after sub-section (3), the following

section 20A.

new sub-sections shall be inserted, namely:—

"(4) Notwithstanding anything contained in this section, a citizen of India residing outside the country for employment, education, or other purposes for a time period not less than a year, shall be entitled to cast their vote in elections through a method as prescribed by the Election Commission of India from the country of their current residence.

(5) The Election Commission shall take measures to enable a citizen mentioned in sub-section (4) to vote remotely, ensuring the security, confidentiality, and authenticity of the process, in accordance with the rules framed under the Representation of the People Act, 1951." 43 of 1951.

4. In the principal Act, after section 20A, the following new section shall be

inserted —

Insertion of new section 20B.

Usual Resident.

"20B.(1) Any person, who has been staying continuously in a local area (village/town) within India for at least six months or intends to stay for six months or more shall be deemed as a usual resident of that place.

Provided that if a person was not staying in the village/town continuously for six months, but was found to be staying there during the enumeration, with the intention to stay there continuously for six months or more, then that place shall be deemed to be the person's usual place of residence and this category shall include, but not be limited to:

(a) persons whose usual place of residence is evidenced by ongoing familial, social, or economic ties to the constituency for not less than six months;

(b) inter-state migrants who have temporarily relocated for work, education, or other purposes for not less than six months;

(2) The status of "usual resident" shall be determined without prejudice to any other residence status an individual may hold for other legal purposes;

(3) A person may be considered a usual resident of only one constituency at any given time for the purposes of electoral registration;

(4) No usual resident shall be entitled to be registered in the electoral roll of more than one constituency within a period of not less than six months, given that the person holds any other residence status in India in more than one constituency;

(5) The Central Government in consultation with the Election Commission may prescribe additional criteria or documentation requirements to establish usual residence, ensuring that such requirements do not unduly burden the right to vote;

(6) If any question arises as to where a person is usually resident within India at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Central Government in consultation with the Election Commission.

(7) Any person, who disputes his inclusion in the electoral roll based on the determination of his usual place of residence within India may appeal in accordance with the provisions mentioned in section 24 of the Act.

5. In the principal Act, in section 22—

Amendment of section 22.

(i) in clause (b), for the words, "ordinary residence within the constituency", the words, "ordinary or usual residence", shall be substituted;

(ii) in clause (c), for the words, "ordinarily resident", the words, "ordinarily or usual resident", shall be substituted.

(iii) in the proviso, for the words, "ordinarily resident", the words, "ordinarily or usual resident", shall be substituted.

6. In the principal Act, in section 27, in sub-section (5),—

Amendment of section 27.

(i) in clause (a), for the words, "ordinarily resident", the words, "ordinarily or usual resident", shall be substituted.

(ii) in clause (b), for the words "ordinarily resident", the words "ordinarily or usual resident" shall be substituted.

7. In the principal Act, in section 28, in sub-section (2), for clause (a), the

Amendment of section 28.

following shall be substituted, namely—

"the determination of ordinary residence under sub-section (7) of section 20 and the determination of usual residence under sub- sections (1) and (5) of section 20B;"

8. In the principal Act, after section 29, the following new section shall be

inserted, namely:—

Insertion of new section 29A.

Act to have overriding effect.

"29A. The provisions of this Act shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any rule or regulation having effect by virtue of any law other than this Act."48 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

The Representation of the People Act, 1950, laid the foundation for India's electoral system, establishing the framework for voter registration and constituency delimitation. Over the years, this Act underwent several amendments to adapt to changing socio-political landscapes. Despite these changes, a significant challenge remains unresolved, low voter turnout during elections.

One of the key factors contributing to this issue is internal migration, as identified in various assessments. Migrant voters who reside away from their home constituencies often face difficulties in returning to vote during polling day due to logistical and financial constraints. This challenge has been acknowledged by the Election Commission of India (ECI) as a critical factor affecting voter participation, particularly in States with historically low turnout.

While the Constitution guarantees the right to vote and the Representation of the People Act, 1950 provides the legal framework for voting, however, it still fails to enable domestic migrants to vote from their current place of residence. This issue is particularly pressing for India's large population of inter-state migrants, who often rely on seasonal employment and receive low wages. The scale of this challenge became evident in the 2019 general election, where 300 million eligible voters—twice the population of Russia—did not cast their ballots. The ECI highlighted internal migration as a key reason contributing to this low turnout.

Therefore, the Bill envisages amending the Representation of the People Act, 1950 to remove unreasonable restrictions imposed on domestic migrants by requiring them to be physically present in their constituencies. The Bill intends to add provisions to facilitate their voting to their home constituencies from a location within India where they have set up their usual place of residence for not less than six months. The Bill makes provision to ensure that there is only one registration per voter regardless of the status of the usual resident in any other residence they may hold for other legal purposes. This Bill, therefore, ensures that any individuals who have maintained a usual place of residence in a different constituency are entitled to vote for their home constituencies from their usual place of residence anywhere within India, thereby eliminating the need for them to travel to their ordinary residence to cast votes. This will not only empower the voting rights of the people of India but also mend the democratic deficit prevailing in India.

A significant milestone in the amendments made to the principal Act was the Representation of the People (Amendment) Act, 2010, which introduced Section 20A, allowing overseas Indian citizens to register as voters in their constituencies of ordinary residence. This amendment aimed to enfranchise the growing Indian diaspora, recognizing their right to participate in the democratic process of their home constituency. However, while this was a step forward in expanding voting rights, it did not fully address the logistical and financial challenges faced by Indian emigrants in returning back to their home constituencies to exercise their voting rights, thus necessitating further reform.

Despite the existence of the constitutional right to vote and the provisions in the Representation of People Act, 1950, it still fails to entitle Indian emigrants to vote from their usual place of residence. As per estimates, India has the largest diaspora population. Out of 99,844 registered NRI voters, only 25,606 cast their votes proving how a substantial portion of Indian citizens are deprived of their legitimate right to participate in the electoral process. Comparatively, in the 2014 Parliamentary elections, only 11,846 NRIs were registered.

The Ministry of External Affairs reports that there are 35.42 million foreign emigrants from India. Further, India is expected to have a migration rate of around forty per cent. in 2030, according to the India Employment Report 2024 by the Institute for Human Development and the International Labour Organization. In light of the growing foreign migration for study or work purposes, it becomes indispensable to provide them with voting rights from their usual residence instead of ordinary residence. The amendment in this Bill is introduced against the backdrop of several previous efforts to grant voting rights to Non-Resident Indians (NRIs). Notably, a Bill passed by the Lok Sabha in 2018 sought to enable overseas voters to exercise their franchise from their place of residence abroad. However, the Bill lapsed due to the dissolution of the Lok Sabha. However, despite these attempts, the issue of extending voting rights to Indian emigrants remains unresolved, necessitating further legislative action to ensure their participation in the democratic process the Bill envisages amending the Representation of the People Act, 1950 to remove unreasonable restrictions imposed on foreign emigrants by requiring them to be physically present in their constituencies. The Bill intends to add provisions to facilitate their voting to their home constituencies from a location where they have set their usual place of residence for not less than one year. The Bill makes provision to ensure that there is only one registration per voter regardless of the status of any other residence they may hold for other legal purposes. This Bill, therefore, ensures that any individuals who have maintained a usual place of residence in a different country are entitled to vote for their home constituencies from their usual place of residence, thereby eliminating the need for them to travel to their ordinary residence in India to cast votes. This will not only empower the voting rights of the people of India but also mend the democratic deficit prevailing in India.

The Bill seeks to achieve the above objectives.

JEBI MATHER HISHAM50 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________

FINANCIAL MEMORANDUM

The amendment to the Representation of the People Act of 1950 vide Clauses 3 and 4 of the Bill, will entail certain initial costs for upgrading the electoral roll management systems, developing secure platforms for remote voting and voter verification, and conducting widespread voter education campaigns. Ongoing annual expenditures will involve maintaining these systems, training election officials, and managing the increased complexity of voter registration and verification processes. While the implementation of these amendments represents a substantial financial commitment, it is expected to provide long-term benefits by increasing voter participation, especially among domestic migrants and Indian migrants, thereby enhancing the democratic process.

The Bill, therefore, if enacted, would involve expenditure, both of recurring and non-recurring nature, from the Consolidated Fund of India. However, at this juncture, it is difficult to estimate the actual expenditure likely to be involved.

VIII

Bill No. LXXXVI of 2024

A Bill further to amend the Sexual Harassment of Women at Workplace

(Prevention, Prohibition and Redressal) Act, 2013.

BE it enacted by Parliament in the Seventy-fifth Year of the Republic of

India as follows: —

PART I

PRELIMINARY

Short title and commencement.

1. (1) This Act may be called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Act, 2024.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Amendment of

section 4.

14 of 2013.

2. In the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as the principal Act), in section 4, —

(i) in sub-section (2), in clause (c), after the existing proviso, the following new proviso shall be inserted, namely:—

"Provided further that wherever applicable, at least one of the members shall be a woman belonging to the Scheduled Castes or the Scheduled Tribes or the Other Backward Classes or a minority community as notified by the Central Government, from time to time."

(ii) in sub-section (5), after clause (d), the following new clause shall be inserted, namely: —

"(e) has been accused by the aggrieved woman of loss of trust and lack of confidence at any point of time during an inquiry,"

Amendment of

3. In the principal Act, in section 6 —

section 6.

(i) in sub-section (1), the following new proviso shall be inserted, namely: —

"Provided that if any District Officer fails to constitute a Local Committee, for whatsoever reasons, he shall be liable to a penalty in accordance with the provisions of the service rules applicable to him."

(ii) in sub-section (2), the following new proviso shall be inserted, namely: —

"Provided that the details of the nodal officer designated by the District Officer shall be made available and publicized through every local government office to enhance the accessibility of any aggrieved woman to their rights under this Act."

Amendment of

4. In the principal Act, in section 7 —

section 7.

(i) in sub-section (1), after clause (b), the following new clause shall be inserted, namely: —

"(bb) one Member to be nominated from amongst the women

working in the informal sector, such as domestic work,

construction, street vending, gig work, who have engaged in

the field of social work and are committed to the cause of

women;"

(ii) in sub-section (3), after clause (d), the following new clause shall be inserted, namely: —

"(e) has been accused by the aggrieved woman of loss of trust and lack of confidence at any point of time during an inquiry,"

5. In the principal Act, in section 9, in sub-section (1), for the words "three

Amendment of section 9.

months", wherever they occur, the words "one year", shall be substituted.

6. In the principal Act, after section 11, the following new section shall be

inserted, namely: —

Insertion of new section 11A.

"11A. Any aggrieved woman, who loses trust and lacks confidence in any Presiding Officer or Member of the Internal Committee or any Chairperson or Member of the Local Committee, at any point of time during an inquiry, may request in writing to the employer or the District Officer, as the case may be, to replace such member of the Internal Committee or Local Committee, as the case may be, until the inquiry is disposed of:

Replacement of the Presiding Officer or Member of the Internal Committee or Chairperson or Member of the Local Committee.

Provided that necessary action shall be taken by the employer or the District Officer, as the case may be, within a period of fifteen days from the date of receipt of such request:

Provided further that both the aggrieved woman and the member so accused, shall, within the fifteen day period for processing the request for replacement, be given a reasonable opportunity of being heard and/or to make a representation against the findings, before the Internal Committee or the Local Committee, as the case may be."

7. In the principal Act, in section 13, in sub-section (4), for the words "sixty

Amendment of section 13.

days", the words "thirty days", shall be substituted.

8. In the principal Act, for section 16, the following shall be substituted,

Substitution of section 16.

namely: —

22 of 2005.

"16.(1) Notwithstanding anything contained in the Right to Information Act, 2005, the contents of the complaint made under section 9, the identity and addresses of the aggrieved woman, respondent and witnesses, any information relating to conciliation and inquiry proceedings, recommendations of the Internal Committee or the Local Committee, as the case may be, and the action taken by the employer or the District Officer under the provisions of this Act shall not be published, communicated or made known to the public, press and media in any manner:

Provided that information may be disseminated regarding the justice secured to any victim of sexual harassment under this Act without disclosing the name, address, identity, or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses.

(2) Any person entrusted with the duty to handle or deal with the complaint or inquiry under the provisions of this Act, shall not disclose the case to the respondent in any means before formal communication by the Internal Committee or the Local Committee, as the case may be.

(3) If the person who disclosed or publicized the identity and addresses of the aggrieved woman or witnesses, or contents of the complaint and inquiry proceedings, is a member of the Internal Committee or the Local Committee, the employer or the District Officer, as the case may be, shall take measures to immediately expel the guilty from the Internal Committee or the Local Committee."

9. In the principal Act, for section 17, the following shall be substituted,

Substitution of section 17.

namely: —

"17. Where any person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action to be taken under the provisions of this Act, contravenes the provisions of sub-section (1) and sub-section (2) of section 16, such person shall be liable to a penalty in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist, in such manner as may be prescribed."

10. In the principal Act, in section 18, —

Amendment of section 18.

(i) for sub-section (1), the following shall be substituted, namely : —

"Any person aggrieved from the recommendations made under sub- section (2) of section 13 or under clause (i) or clause (ii) of sub- section (3) of section 13 or sub-section (1) or sub-section (2) of54 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ section 14 or sub-section (3) of section 16 or section 17 or non- implementation of such recommendations, may prefer an appeal to the court or tribunal in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist then, without prejudice to provisions contained in any other law for the time being in force, the person aggrieved may prefer an appeal in such manner as may be prescribed."

(ii) in sub-section (2), for the words "ninety days", the words "forty-five days", shall be substituted.

Amendment of

11. In the principal Act, in section 20, after clause (b), the following new

section 20.

clause shall be inserted, namely: —

"(c) take such measures as may be necessary to maintain a list of practitioners or organizations that provide free legal aid and guidance for supporting the aggrieved women in ensuring their rights."

12. In the principal Act, for section 22, the following shall be substituted,

Substitution of section 22.

namely: —

"22. The employer shall include in its annual report and publish the report on its website or mobile-based application of the organisation, or both, as the case may be, the number of cases filed, if any, and their disposal under this Act, and further, intimate such number of cases, if any, to the District Officer."

13. In the principal Act, for section 24, the following shall be substituted,

Substitution of section 24.

namely: —

"24. The appropriate Government may, subject to the availability

of financial and other resources, –

(a) develop relevant information, education, communication

and training materials, and organise awareness programmes

in every four months to advance public understanding of the

provisions of this Act providing for protection against sexual

harassment of woman at workplace;

(b) formulate orientation and training programmes in every

six months for the members of the Local Committee."

Amendment of

section 26.

14. In the principal Act, in section 26, in sub-section (1), for the words "fifty thousand rupees", the words "two lakh rupees", shall be substituted.

STATEMENT OF OBJECTS AND REASONS

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 also known as the POSH Act, was enacted to prevent and manage sexual harassment of women in the workplace. While the Act has been instrumental in addressing workplace harassment, significant gaps remain in its implementation, particularly in strict enforcement of the Act. More importantly, the provisions in the Act fail to capture the practical problems of women in reporting harassment and the case is worse for women in the informal sector.

The informal sector constitutes a large portion of India's workforce, including domestic workers, agricultural laborers, construction workers, and others, who are highly vulnerable to sexual harassment but often lack access to formal mechanisms for redress. Local Complaints Committees (LCCs), which were designed to serve this purpose, are not sufficiently accessible or effective for women in the unorganized sector due to a lack of awareness, structural issues, and inadequate representation. The absence of concrete mechanisms to enforce accountability in both public and private institutions further exacerbates the problem. Hence there is an imperative need to check the execution of the Act to ensure that the benefits and protection of the Act reach every woman in both formal and informal settings. Further, the goal is to bring confidence in the systems for women to come forward to report incidents of sexual harassment.

Therefore, the Bill seeks to amend the POSH Act to ensure better representation, broader accessibility, effective inquiry processes, and increased penalties for non-compliance. Key amendments include mandating that District Officers establish fully functional LCCs in rural and urban areas and publicizing the nodal officers at every administrative level (block, taluka, tehsil, ward, and municipality) to expand accessibility to women. The Bill also obligates District Officers to maintain a list of organizations and practitioners offering free legal aid to support aggrieved women, ensuring that financial constraints do not hinder their access to justice. Most importantly, the Bill has mandated the inclusion of women from the informal sector as members of the LCCs to make sure their representation is adequately met to capture the unique challenges of the informal sector.

Further, to protect the privacy of complainants, the Bill strengthens confidentiality provisions – imposing stricter penalties for disclosing the identity of the aggrieved woman or other parties involved. It also empowers aggrieved women to request the replacement of any Internal Complaints Committee (ICC) or LCC member if they lose trust during an inquiry. Also, to provide women with greater flexibility to seek justice without undue pressure, the time limit for filing complaints of sexual harassment has been extended from three months to one year. Additionally, the time limit for issuing an inquiry report by ICCs and LCCs upon the completion of the investigation is reduced from sixty days to thirty days, thereby reducing undue delays in justice delivery. The Bill mandates the Central and State Governments to organize public awareness initiatives every four months to ensure that women, including those in the informal sector, are empowered to seek redress when necessary.

Hence, this Bill.

JEBI MATHER HISHAM56 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________

FINANCIAL MEMORANDUM

Clause 4 (i) of the Bill proposes to amend section 7 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) to include a member to be nominated from amongst the women working in the informal sector to the Local Complaints Committee (LCC), which will entail financial compensation to this additional member in the LCCs and will involve recurring expenditure from the Consolidated Fund of India. Besides, Clause 13 of the Bill proposes to substitute section 24 of the POSH Act to improve measures to publicize the Act to the public by increasing the frequency of awareness events and prescribes conducting orientation and training programs every six months for the members of the LCC to improve its efficiency and sensitivity.

Thus, the Bill, if enacted will involve expenditure of recurring nature from the Consolidated Fund of India. However, it is difficult to estimate the actual financial expenditure likely to be incurred at this stage.

IX

Bill No. X of 2025

A Bill further to amend the Right to Information Act, 2005.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:–

1. (1) This Act may be called the Right to Information (Amendment) Act,

Short title and commencement.

2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Amendment of section 19.

²² of ²⁰⁰⁵ 2. In the Right to Information Act, 2005, in section 19, in sub-section (6), after the words "An appeal under sub-section (1) or sub-section (2)", the words "or a second appeal under sub-section (3)", shall be inserted.

STATEMENT OF OBJECTS AND REASONS

The Right to Information Act, 2005, provides for a specific time-frame for the disposal of requests for information made to the Central Public Information Officer or the State Public Information Officer under Section 7(1) of the Act.

Further, the Act provides for a specific time-frame for the disposal of first appeals preferred against an order made by a Central Public Information Officer or a State Public Information Officer.

However, the Act, in its present form, is lacking when it comes to establishing a specific time-frame for the disposal of second appeals made to the Central Information Commission or the State Information Commission.

As a result of this, second appeals made before the Central Information Commission or the State Information Commission often remain undisposed for a prolonged period of time which results in delay and adversely affects the right of a citizen to seek and receive information which is provided for under the Act.

Therefore, there needs to be a specific time-frame in the Act for disposal of an appeal made to the Central Information Commission or the State Information Commission.

Hence, this Bill.

SAKET GOKHALESec-2] THE GAZETTE OF INDIA EXTRAORDINARY 59 ____________________________________________________________________ ____________________________________________________________________ X

Bill No. LX of 2025

A Bill to provide for the transcription, maintenance, and public availability

of accurate records of proceedings of all courts in India

and for matters connected therewith or

incidental thereto.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:—

1. (1) This Act may be called the Records of Court Proceedings Act, 2025.

Short title and commencement.

(2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.

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

(a) "court" means the Supreme Court of India, all High Courts in

India, and all subordinate courts as defined under Chapter VI of Part VI

of the Constitution of India;

(b) "court proceeding" means all words uttered by judges,

magistrates, lawyers, or any other party involved in a matter during the

hearing of any matter in any court in India, whether civil or criminal;

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

(d) "public record" shall have the same meaning as assigned to it

69 of 1993.

under clause (e) of section 2 of the Public Records Act, 1993; and

(e) "transcript" means an accurate and complete verbatim record

of the proceedings of the court rendered in written form, whether

manually or electronically generated.

3. (1) Every court shall maintain a transcript of all court proceedings held

before it, which shall be treated as public record.

Maintenance of transcripts of court proceedings.

(2) The transcripts under sub-section (1) shall be —

(a) accurate and verbatim in nature; and

(b) recorded either by court-authorised stenographers, trans- cription services, or by automated speech-to-text systems, as may be prescribed.

(3) The format and standards of transcription, manner of authentication, and storage shall be such as may be prescribed.

(4) Every court shall nominate one of its officers as the Officer in-charge of the transcripts of court proceedings, who shall be responsible for the proper arrangement, maintenance, preservation and periodic review of such transcripts, in such manner as may be prescribed.

Public access to transcripts of court proceedings.

4. (1) Every court shall, for the purpose of access to the public, upload the

transcript of the daily court proceedings held before it on its official

website in an electronic format within twenty four hours from the

conclusion of such proceedings.

(2) Notwithstanding anything contained in this section, every court may, for reasons to be recorded in writing, withhold, redact, or delay the publication of any portion of a transcript, if such publication is likely to —

(a) prejudice the administration of justice;

(b) infringe the privacy of parties, especially in matters involving

minors, sexual offences, or other sensitive issues;

(c) contravene any existing statutory restriction; and

(d) any other circumstance, as may be prescribed by rules made

by the court.

(3) The manner of redaction, time period for withholding, etc. shall be such as may be prescribed by rules made by the court.

Act to have overriding effect.

5. The provisions of this Act shall have effect, notwithstanding anything therewith inconsistent contained in any other law for the time being in force or any instrument having effect by virtue of any such law.

Power of Courts to make rules, etc.

6. Notwithstanding anything contained in this Act, every court shall have the power to make rules, regulations, directions or orders, as may be required, for carrying out the provisions of this Act.

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

Power to make rules.

make rules for carrying out the provisions of this Act.

(2) Every rule made by the Central Government 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 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.

STATEMENT OF OBJECTS AND REASONS

Maintenance of records is an essential function in a democracy so as to ensure that the correct information about the day-to-day functioning of any public institution is preserved and recorded. The Public Records Act, 1993, already covers the management, administration and preservation of public records of the Central Government, Union territory Administrations, Public Sector Undertakings, statutory bodies and corporations, Commissions and committees constituted by the Central Government or a Union territory Administration and matters connected therewith or incidental thereto. Similarly, verbatim proceedings of the Parliament of India and all State Legislatures are recorded under the relevant rules of that legislative body. Therefore, it is crucial to maintain accurate records of all proceedings that take place before the Judiciary as is already done for the Executive and the Legislature.

Hence, this Bill.

SAKET GOKHALE.

FINANCIAL MEMORANDUM

Clause 3 of the Bill requires all Courts of India to maintain transcript of their court proceedings, recorded either by court-authorised stenographers, transcription services, or by automated speech-to-text systems. Clause 4 requires all courts to upload the transcript of each day's proceedings held before it on their official website in an electronic format.

The Bill, therefore, if enacted, is likely to involve expenditure from the Consolidated Fund of India. However, at this stage, it is not possible to quantify the exact amount of recurring and non-recurring expenditure likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 5 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Act. As the matters in respect of which rules may be made are matters of procedure and administrative detail, the delegation of legislative power is, of a normal character.

XI

Bill No. XI of 2025

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows. —

1. (1) This Act may be called the Constitution (Amendment) Act, 2025.

Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In article 124 of the Constitution, in clause (2), the following new proviso

Amendment of article 124.

shall be inserted, namely,––

"Provided that the Chief Justice of India shall hold office for a minimum period of two years or until he attains the age of sixty-five years, whichever is later, subject to the provisions of clause (4)."

3. In article 217 of the Constitution, in clause (1), the following new proviso

Amendment of article 217.

shall be inserted, namely,––

"Provided that the Chief Justice of the High Court shall hold office for a minimum period of two years or until he attains the age of sixty-two years, whichever is later, subject to the provisions of clause (b) of the proviso to clause (1)."Sec-2] THE GAZETTE OF INDIA EXTRAORDINARY 67 ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

The Constitutional (Amendment) Bill seeks to ensure the efficient functioning of the judiciary by mandating a minimum tenure of two years for the Chief Justice of the Supreme Court and of the High Courts, subject only to lawful removal from office. The primary rationale behind this provision is to provide the Chief Justice with sufficient time to acclimatize to the administrative and judicial responsibilities of the office, thereby enhancing the continuity and effectiveness of their leadership.

2. A two-year tenure is essential for fostering stability within the judiciary, as it enables the Chief Justice to establish and implement long-term reforms, address systemic challenges, and provide consistent guidance to the bench. Frequent changes in leadership can disrupt the strategic functioning of the judiciary and undermine public confidence in its ability to deliver timely and impartial justice.

3. Ensuring a minimum tenure strengthens the institutional framework of the judiciary, allowing the Chief Justice to perform their functions in a manner that contributes meaningfully to the efficacy and independence of the judicial system.

Hence, this Bill.

SASMIT PATRA.

XII

Bill No. XV of 2025

A Bill further to amend the Insolvency and Bankruptcy Code, 2016

BE it enacted by Parliament in the Seventy- sixth Year of the Republic of

India as follows:—

1. (1) This Act may be called the Insolvency and Bankruptcy Code

Short title and commencement.

(Amendment) Act, 2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

31 of 2016.

Amendment of section 53.

2. In the Insolvency and Bankruptcy Code, 2016, in the Explanation to section 53, after clause (ii), the following new clause shall be inserted, namely:–

"(iii) the Central or the State Government shall not be classified as a

secured creditor unless a security interest has been created pursuant to a

transaction of the Central Government or a State Government with the

corporate debtor".

STATEMENT OF OBJECTS AND REASONS

The Insolvency and Bankruptcy Code, 2016, was enacted to

consolidate and amend the laws relating to reorganisation and insolvency

resolution of corporate persons, partnership firms, individuals and to

achieve the desired objectives under it. The Code was amended in the past

to deal with the emerging market realities and to achieve certainty to the

various processes under the law.

2. Section 53 of the Code establishes the waterfall mechanism for the

distribution of liquidation proceeds, prioritizing secured creditors while

ensuring equitable treatment of all claimants. This mechanism is

foundational to the liquidation process and the sale of assets of a corporate

debtor.

3. The Code was designed to grant favorable treatment to financial

creditors, recognizing their critical role in funding and supporting

businesses. By definition, government dues are not categorized as financial

debt under the Code. However, ambiguities in the interpretation of the term

"secured creditor" has led to the classification of statutory dues, including

those owed to the State and Central Governments, as secured debts. This

broad interpretation distorts the equitable distribution intended by the Code,

effectively elevating statutory creditors over operational creditors and other

stakeholders. Such an outcome undermines the certainty and fairness of the

insolvency resolution framework, creating disincentives for investments

and delaying resolutions.

4. The inclusion of government dues as secured debts contradicts the

principles underlying the waterfall mechanism by allowing statutory

creditors to circumvent their designated priority under Section 53. This not

only skews the intended balance but also risks the rejection of resolution

plans that do not account for inflated statutory claims, thereby frustrating

the Code's objectives of timely and effective resolution.

5. The Ministry of Corporate Affairs seems to have recognised this issue

as far back as 2023. As per the contents of a discussion paper, only where

the security interest is created pursuant to a transaction of the Central

Government or a State Government with corporate debtor, the Government

in question will continue to be treated as a secured creditor in the order of

priority.

6. The Insolvency and Bankruptcy Code (Amendment) Bill, 2025 which

seeks to amend the Code, provides for the following, namely: —

I. Clarify that the State or Central Government shall not be classified

as secured creditors for the purposes of Section 53 unless a security

interest has been created pursuant to a transaction of the Central

Government or a State Government with the corporate debtor. This

amendment aims to restore the intent of the legislature by ensuring

that statutory dues are treated in accordance with their designated

priority, thereby upholding the principles of equity and

predictability essential for an efficient insolvency regime.

II. Eliminate ambiguity, foster trust among stakeholders, and

strengthen the insolvency resolution process by reaffirming the

equitable distribution of liquidation proceeds in alignment with the

Code's objectives. By providing this clarity, the proposed change

will enhance India's insolvency framework, making it more

efficient and conducive to economic growth.

The Bill seeks to achieve these objectives.

SASMIT PATRA.

XIII

Bill No. XVI of 2025

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

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:―

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

Short title and commencement.

2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

21 of 2000.

2. In the Information Technology Act, 2000, after section 66A, the following

Insertion of new section 66AA.

new section shall be inserted, namely: —

"66AA. (1) Any person who —

(a) sends, publishes, or transmits any electronic

communication which —

(i) is deliberately and objectively intended to incite violence, communal disharmony, or public disorder, with a direct and imminent threat to public safety; or

Punishment for online harassment, threats, and malicious communications.

(ii) contains specific and credible threats of harm, sexual

violence, or criminal intimidation; or

(iii) is knowingly and demonstrably false and is intended

solely to cause public alarm or panic; or

(iv) disseminates obscene or defamatory material with clear and demonstrable intent to harm the dignity of an individual or a group, provided such material does not fall within the ambit of fair criticism or satire; or

(b) uses electronic communication to persistently stalk, harass, or intimidate any person in a manner that causes severe harm to their privacy, dignity, or mental well-being; or

(c) engages in the creation or distribution of deepfake media, impersonation, or any other digital forgery intended explicitly to defame, deceive, or cause measurable harm,

shall be punished with imprisonment for a term which may extend to one year or with fine, which may extend to rupees one lakh, or with both.

(2) No action shall be taken under this section except upon a complaint made by the aggrieved person, their legal guardian, or a competent authority designated by the appropriate Government, in such form and manner, as may be prescribed.

(3) The offence under this section shall be non-cognizable and bailable, unless the violation involves threats to life, bodily harm, or national security, in which case it shall be cognizable and non- bailable.

(4) No complaint under this section shall be registered unless approved by an officer not below the rank of a Deputy Superintendent of Police after determining a prima facie case.

(5) Any arrest under this section shall require prior approval from a Magistrate of the First Class, except in cases involving credible threats to life or national security.

(6) The Central Government shall constitute a Review Committee consisting of a Chairperson and such number of members having special knowledge of the subject matter, as it may deem fit, to assess complaints and prevent frivolous misuse of this provision while ensuring protection of free speech, dissent, satire, fair criticism, and journalistic freedom.

(7) The manner of appointment, salary and allowances and other terms and conditions of the Chairperson and members of the Review Committee shall be such as may be prescribed.

(8) Social media platforms and intermediaries shall be required to implement grievance redressal mechanisms, in such manner as may be prescribed, to allow users to report violations of this section before resorting to any legal action.

(9) Any person found misusing the provisions of this section to file frivolous or malicious complaints shall be liable to a penalty, including a fine up to rupees fifty thousand or community service as determined by the adjudicating officer, appointed under sub-section (1) of section 46.

(10) A mechanism shall be developed by the appropriate Government based on the recommendations of the Review Committee, to ensure that individuals posting content in good faith, including opinions, satire, or journalistic investigations, are not wrongfully targeted under this provision.

(11) Law enforcement officials found misusing the provisions of this section to curb free expression shall be subject to disciplinary action; and

(12) All legal actions under this section shall be reviewed by a Digital Rights Ombudsman, to be appointed in such manner as the Central Government may by rules prescribe, to ensure compliance with constitutional safeguards.

Explanation.― For the purposes of this section,―

(a) "electronic communication" means an e-mail or message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message;

(b) "deepfake" means digitally manipulated or fabricated digital content, including but not limited to images, videos or audio recordings, created through the use of advanced digital technologies such as artificial intelligence, machine learning, or other advanced technologies, with the intent to convincingly and deceptively depict subjects or issues or represent individuals engaging in actions, making statements, or being in circumstances that did not occur or exist in reality; and

(c) "digital forgery means the act of utilization of technologies, such as artificial intelligence and machine learning methodologies, to create or alter audio, visual, or textual content with the purpose of deceiving."Sec-2] THE GAZETTE OF INDIA EXTRAORDINARY 75 ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

The Supreme Court of India, in Shreya Singhal v. Union of India (2015), struck down Section 66A of the Information Technology Act, 2000, citing concerns of vagueness and overreach, which led to arbitrary restrictions on free speech. However, with the proliferation of online harassment, cyber threats, misinformation, and digital forgeries, there is a compelling need to frame new provisions, which shall be a refined and constitutionally sound version of Section 66A and intended to prevent such cases.

This Bill ensures that only narrowly defined categories of harmful speech — such as incitement to violence, criminal intimidation, targeted harassment, and deepfake-related offences — are penalized while safeguarding fundamental rights. Additional procedural safeguards, such as prior approvals, intermediary grievance mechanisms, and review committee, ensure that misuse by law enforcement officials is prevented. The amended provisions also explicitly protect fair criticism, satire, dissent, and journalistic freedoms to uphold democratic values. This amendment balances national security, public order, and individual rights in the digital age.

This Bill seeks to achieve the above objectives.

SASMIT PATRA76 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for the constitution of a Review Committee consisting of a Chairperson and such number of members as the Central Government may deem fit and for the manner of their appointment, salary and allowances payable to them and other terms and conditions of service, as may be prescribed by rules. It also provides for the appointment of a Digital Rights Ombudsman in such manner as the Central Government may by rules prescribe. The salary, allowances and other monetary benefits payable to the Chairperson and members of the Review Committee and the Digital Rights Ombudsman as and when appointed shall be met from the annual Budget estimates of the Ministry.

The Bill, therefore, if enacted, may involve additional expenditure, both of recurring and non-recurring nature, from the Consolidated Fund of India. However, at this juncture, it is difficult to estimate the actual expenditure likely to be involved.

XIV

Bill No. XIX of 2025

A Bill further to amend the Prevention of Cruelty to Animals Act, 1960.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:––

1. (1) This Act may be called the Prevention of Cruelty to Animals

Short title and commencement.

(Amendment) Act, 2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

59 of 1960. 2. In the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred

Amendment of section 2.

to as the principal Act), in section 2,––

(i) for clause (a), the following shall be substituted, namely:––

"(a) "animal" means any living creature other than a human being, including but not limited to all terrestrial, avian, and aquatic species;";

(ii) after clause (a), the following new clause shall be inserted,

namely:—

"(bb) "bestiality" means any act where a human being voluntarily commits, attempts to commit, or abets the commission of any act with an animal that, by its nature or circumstances, is done for the purpose of sexual gratification;

Explanation: For the purposes of this clause, an act shall be deemed to be for the purpose of sexual gratification if, by its inherent character or the surrounding circumstances, a reasonable person would conclude that the offender sought or intended sexual pleasure and shall include any act involving:

(i) penetration of an animal's anus, vagina, or urethra by a

person's penis or any other part of the person's body;

(ii) penetration of an animal's anus, vagina, or urethra by

any object not constituting part of a person's body; and

(iii) sexual stimulation of an animal's anus, vagina, penis,

or urethra by any means;";

(iii) after clause (c), the following new clause shall be inserted,

namely:—

53 of 1972.

"(cc) "community animal" means any animal born in a community for which no ownership has claimed ownership, excluding wild animals as defined under the Wild Life (Protection) Act, 1972;";

(iv) after clause (d), the following new clauses shall be inserted,

namely:—

"(dd) "gruesome cruelty" means any act or omission that causes, or is likely to cause, extreme physical suffering to an animal, resulting in or likely to result in severe bodily harm, mutilation, or permanent disability;

Explanation: Without prejudice to the generality of the foregoing,

'gruesome cruelty' includes—

(i) engaging in bestiality as defined under this Act;

(ii) causing permanent damage to any part of an animal's body or committing an act of mutilation that results in permanent or lifelong impairment, rendering the animal useless;

(iii) inflicting any injury likely to result in death or lifelong

physical deformity to an animal;

(iv) inciting any animal to fight or bait another animal;

(v) organizing, keeping, using, or managing any place for animal fighting or baiting, or permitting or offering any place for such purposes, or receiving money for the admission of any person to such a place; and

(vi) promoting or taking part in any shooting match or competition in which animals are released from captivity for the purpose of being shot;";

(ddd) "jurisdictional veterinarian" means a person, employed by the State Government within the local jurisdiction of the area, who holds a degree from a recognized veterinary college and is registered with the State Veterinary Council or the Veterinary Council of India;

(dddd) "livestock farm" means any establishment where economically important animals are kept for the production of food for mankind;";

(v) after clause (g), the following new clause shall be inserted,

namely:—

(gg) "poultry establishments" means any premises or operation where poultry birds, as defined by the World Organization for Animal Health, are bred, hatched, reared, housed, or otherwise managed for any commercial purpose, including but not limited to meat production, egg production, or the supply of breeding stock;";

(vi) after clause (h), the following new clauses shall be inserted,

namely:—

"(hh) "SPCA" means the Society for Prevention of Cruelty to Animals, established in every district in the State, in such manner as may be prescribed;

(hhh) "State Board" means the State or Union territory Animal Welfare Board constituted by the State or Union territory or Central Government, as the case may be, under section 10A."

3. In the principal Act, after section 3, the following new section shall be

Insertion of new section 3A.

inserted, namely,––

Five freedoms of animals.

"3A. It shall be the duty of every person having care, charge, or custody of an animal to ensure that the animal in his or her care, charge, or custody is provided with the following five freedoms:

(a) freedom from thirst, hunger and malnutrition;

(b) freedom from discomfort due to the environment;

(c) freedom from pain, injury and disease;

(d) freedom to express normal behavior for its species; and

(e) freedom from fear and distress:

Provided that in the case of a community animal, the local government, such as a municipality or a panchayat, shall be responsible for ensuring these freedoms in accordance with the guidelines or standard operating procedures issued by the State Government or by the Board."

4. In the principal Act, in section 5, in sub-section (1) ––

Amendment of section 5.

(i) for clause (ba), the following shall be substituted, namely:––

"(ba) four persons to represent respectively the Ministries

of the Central Government dealing with Home Affairs,

Education, Urban Development and Health and Family

Welfare, to be appointed by the Central Government;";

(ii) after clause (bc), the following new clause shall be inserted,

namely,––

"(bd) one person each from the animal science division of

the Indian Council of Agricultural Research, and the

Veterinary Council of India, to be nominated by their

respective organisations, in the prescribed manner;";

(iii) for clause (c), the following shall be substituted, namely:—

"(c) two veterinarians with diploma or degree in animal

welfare and working in the said field, to be nominated by the

Central Government, in the prescribed manner;";

(iv) in clause (d) for the words "two persons", the words "one

person" shall be substituted;

(v) for clause (e), the following shall be substituted, namely:—

"(e) three persons, to be nominated by the Central

Government in the prescribed manner, from such State

Boards which in the opinion of Board are actively involved in

the work of resolving the difficulties at the local level and

have done an extraordinary work in the field of animal

welfare;";

(vi) in clause (f) for the words "one person", the words

"three persons" shall be substituted; and

(vii) clause (g) shall be omitted;

Amendment of section 7.

5. In the principal Act, in section 7, in sub-section (2), for the words "Subject to such rules as may be made by the Central Government in this behalf,", the words 'Subject to the approval of the Central Government,"; shall be substituted;

6. In the principal Act, after section 7, the following new section shall

Insertion of new section 7A.

be inserted, namely:—

Committees of the Board.

"7A. (1) The Board may constitute as many Committees or

sub-Committees including an Executive Committee, as it may

think fit, for discharging its duties to advise the Board on such

matters as may be referred to them by the Board, from time to

time.

(2) A Committee or sub-Committee shall consist of such

number of Members of the Board, as may be deemed necessary,

to be nominated thereto by the Chairman of the Board, in such

manner as may be prescribed by the regulations.

Provided that a sub-Committee may also co-opt other

members, if required, in such manner as may be prescribed by

the regulations."

Amendment of section 8.

7. In the principal Act, in section 8, after the word "gifts", the words "processing fees, penalties, fines, levy or any other amount directly paid to the Board by any person", shall be inserted.

8. In the principal Act, after section 8, the following new section shall be

Insertion of new section 8A.

inserted, namely:—

Annual Report, Accounts and Audit.

"8A. (1) The Board shall prepare, in such form and manner and at such time of 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 Central Government, which shall cause it to be laid, as soon as may be after they are received, before each House of Parliament.

(2) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet, in accordance with such general directions as may be issued and in such form and manner as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(3) The accounts of the Board shall be audited annually by the Comptroller and Auditor-General of India or any person appointedSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 81 ____________________________________________________________________ ____________________________________________________________________ by him on this behalf and any expenditure incurred by him or any person so appointed in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India.

(4) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Board shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General of India 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(s) of the Board.

(5) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any person appointed by him in this behalf, together with the audit report thereon, duly approved by the Board in its Annual General Meeting, shall be forwarded annually to the Central Government, who shall cause the same to be laid before each House of Parliament."

9. In the principal Act, in section 9,—

Amendment of section 9.

(i) for clause (h), the following shall be substituted, namely:—

"(h) to coordinate, cooperate, and supervise the general working of the SPCA, State Board and local bodies established for the purpose of preventing unnecessary pain or suffering to the animals or for the protection of animals and birds";

(ii) in clause (k), after the words "to impart education", the words

"and to facilitate capacity building" shall be inserted;

(iii) after clause (l), the following new clauses shall be inserted,

namely:—

"(m) to recognize any organization registered in India that is working for animal welfare in more than one State and seeking financial or other assistance and support from the Central Government after following due process as may be prescribed;

(n) to review the records, annual reports or any other reports and information submitted to the Board by organisations working for animal welfare and recognized by the Board under clause (m) to section 9, the State Animal Welfare Board and the SPCA ;

(o) to work towards the expeditious implementation of the Act, rules and regulations made thereunder so as to prevent the unnecessary pain and suffering of the animals; and

(p) to facilitate coordination among local bodies, including police departments and any other public or private authorities, to take appropriate and expeditious action for the prevention of cruelty to animals."

10. In the principal Act, for section 10, the following shall be substituted.,

Amendment of section 10.

namely:—

Powers of the Board.

"10. (1) The Board shall take up, either suo motu or on being informed thereof, all issues arising out of matters related to the implementation of the Act, rules and regulations made thereunder, with the appropriate authorities, for expeditious action thereon.

(2) The Board shall have the power of entry and inspection and, may for the said purpose, authorize in writing in such form and82 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ manner as may be prescribed, any government official(s) or any other person acting on its behalf, to:––

(i) inspect places or premises, when there is sufficient reason to believe that an offence under this Act, rules and regulations made thereunder has been or is being or is likely to be committed;

(ii) enter at any time considered reasonable by him, such places or premises, where animals are kept or sheltered for any purpose based on reports of animal cruelty or violation of any of the provisions of this Act or the rules and regulations framed thereunder; and

(iii) require any person to produce any or all records maintained by them, as mandated under this Act or the rules or regulations made thereunder, for inspection;

and report to the Board their findings as a result of such entry and inspection.

(3) The Board may, as and when require issue necessary advisories in respect of any incident of cruelty to mitigate unnecessary suffering of animals or where cruelty to animals is involved.

(4) The Board may, subject to the previous approval of the Central Government make such regulations, as it may deem fit, for the administration of its affairs and for carrying out its functions and exercising the powers conferred on it under this Act."

11. After Section 10 of the principal Act, the following new Chapter shall be

Insertion of New Chapter IIA.

inserted, namely:—

"CHAPTER IIA

STATE ANIMAL WELFARE BOARD

Establishment of State Board.

10A. (1) Every State Government and Government of a Union

territory having Legislative Assembly shall, as soon as may be after

the commencement of this Act, by notification in the official Gazette,

establish a State Animal Welfare Board for the State or Union

territory, as the case may be, with such name as may be specified in

the notification of the State / Union territory Government, for the

promotion of animal welfare generally in coordination with the

Board and for the purpose of protecting animals from being subject

to unnecessary pain or suffering, in particular:'.

Provided that in the case of a Union territory with no

Legislative Assembly, the Central Government shall, as soon as may

be after the commencement of this Act, by notification in the official

Gazette, establish a Animal Welfare Board for the Union territory

with such name as may be specified in the notification of the Central

Government.

(2) Every State Board shall be a body corporate with the name specified by the State or Union territory or Central Government, as the case may be, in the notification under sub-section (1), having perpetual succession and a common seal with power, subject to the provision of this Act, to acquire, hold and dispose of property and may by its name sue and be sued.

10B. (1) The State Board shall consist of the following persons,

namely—

Composition of the State Animal Welfare Board.

(a) Minister, Animal Husbandry Department of the State or

Union territory Government, as the case may be, who shall be

the Chairman ex-officio;

(b) one Member of the Legislative Assembly of the State or

Union territory, as the case may be, to be nominated by the

Speaker of that Assembly from amongst its members –

Member;

(c) Additional Chief Secretary/Principal Secretary, Animal

Husbandry Department of the State or Union territory

Government, as the case may be – Member ex-officio;

(d) Chief Wildlife Warden of the State or Union territory, as

the case may be – Member ex-officio;

(e) Director, Animal Husbandry Department of the State or

Union territory Government, as the case may be, who shall be

the Member Secretary ex-officio;

(f) Transport Commissioner of the State or Union territory

Government, as the case may be – Member ex-officio;

(g) Director-General or Director, Health Department of the

State or Union territory Government, as the case may be –

Member ex-officio;

(h) Director Panchayat Department of the State or Union

territory Government, as the case may be – Member ex-officio;

(i) Director-General of Police of the State or Union territory,

as the case may be, or his representative, so authorized by him,

in such manner as may be prescribed – Member ex-officio;

(j) Director, Urban Development Department of the State or

Union territory Government, as the case may be – Member ex-

officio;

(k) one person each from three SPCAs in the State, to be

nominated by the State Government on rotation basis, in such

manner as may be prescribed, so as to ensure representation of

all SPCAs in the State on the State Board – Members;

(l) one person to represent registered Gaushalas / pinjrapoles

to be nominated by the State Government, in such manner as

may be prescribed – Member;

(m) one person from the Gauseva Aayog to be nominated by

the State Government in such manner as may be prescribed –

Member;

(n) five eminent persons involved in animal welfare within

the State to be nominated by the State Government in such

manner as may be prescribed – Member;

(o) Registrar of the State Veterinary Council – Member ex-

officio;

(p) one representative of the State Veterinary Doctors'

Association, to be nominated by the State Government in such

manner as may be prescribed – Member; and

(q) one representative of the Animal Welfare Board of India,

to be nominated by that Board in such manner as may be

prescribed – Member.

(2) The State Board shall be constituted or reconstituted in accordance with sub-section (1), if already in existence, and in any case, not later84 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ than three months after commencement of this Act:

Provided that any State Board functioning in any State or Union territory on the date of commencement of this Act shall continue to discharge its functions till the constitution or reconstitution of the State Board as per the provisions of this Act.

(3) The members of the State Board shall serve in an honorary capacity and shall not draw any salary from the State Board by virtue of their appointment or nomination thereto:

Provided that the State Board may provide for travel and other incidental expenses incurred by the Members for attending meetings of the State Board, in accordance with the State Government norms.

Terms of office and conditions of service of members of the State Board.

10C. (1) The term of the State Board shall be three years from the date of its constitution or reconstitution and the Chairman and other Members of the State Board shall hold office till the expiry of the term for which the State Board has been so constituted or reconstituted.

(2) Notwithstanding anything contained in sub-section (1),––

(a) the term of office of an ex-officio Member shall continue so long as he holds the office by virtue of which he is such a Member; and

(b) the term of office of a Member nominated under clause (b), clauses (k) to (n) and clauses (p) and (q) of section 10B to represent any body shall come to an end as soon as he ceases to be a member of the body in respect of which he was nominated; and

(3) Any casual vacancy(ies) arising in the State Board shall be filled up as per the provisions of this Section.

(4) A member nominated to fill up a casual vacancy shall hold office for the remainder of the term of the State Board, from the date of his nomination.

(5) No act done or proceeding taken by the State Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution or reconstitution of, the State Board and in particular, and without prejudice to the generality of the foregoing, during the period intervening between the expiry of the term for which the Board has been constituted or reconstituted and its further reconstitution, the ex-officio Members of the State Board shall discharge all the powers and functions thereof.

10D. The State Government may remove any member of the State Board who:

Removal of Member(s) from the State Board.

(a) fails to attend three consecutive meetings of the State Board

without intimation in writing to the State Board; or

(b) has been adjudged an insolvent; or

(c) becomes of unsound mind and stands so declared by a

competent Court; or

(d) has been convicted and/or sentenced to imprisonment for an offence under this Act or any other law pertaining to cruelty to animals or an offence involving moral turpitude; or

(e) has become physically or mentally incapable of performing

the duties of a Member; or

(f) has submitted his or her resignation as a Member of the State

Board; orSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 85 ____________________________________________________________________ ____________________________________________________________________ (g) has been found guilty of corruption or misconduct.

Secretary and other employees of the Board.

10E. (1) Subject to such rules as may be made by the State Government in this behalf, the State Board may appoint such number of officers and other employees as may be deemed necessary for the efficient exercise of its powers and the discharge of its functions as assigned under this Act.

(2) The salaries and allowances payable to and the terms and conditions of service of such officers and other employees shall be such as may be prescribed by the State Board by regulations framed by it with the previous approval of the State Government.

Fund of the State Board.

10F. The funds of the State Board shall consist of grants made to it by the State Government from time to time, as well as contributions, donations, subscriptions, bequests, gifts, fees, levies and other similar payments received from any local authority or any other person.

Functions of the State Board.

10G. The State Board shall perform all or any of the following functions, but not limited to the following, namely:––

(a) ensure that the provisions of the Act and the rules and regulations framed thereunder are given widespread publicity to create adequate awareness of animal welfare amongst the general public and take all necessary steps for the strict implementation of the Act and the rules and regulations framed thereunder in the State;

(b) provide assistance and guidance for the functioning of the SPCAs, animal shelters, gaushalas, pinjrapoles, rescue homes, sanctuaries and the likes within the State, to ensure implementation of the provisions of the Act and the rules and regulations framed thereunder;

(c) exercise such functions as may be delegated to it by the Government of the State or Union Territories or by the Central Government, as the case may be, for furthering the objectives of this Act;

(d) advise the State Government or any local authority or any

other relevant entity on matters related to animal welfare;

(e) undertake capacity-building efforts with concerned departments, institutions and individuals, as required, to strengthen the enforcement of this Act and promote best practices in animal welfare;

(f) extend financial assistance and support to animal welfare organizations that have obtained recognition from the State board after following due process as prescribed by the State Board; and

(g) any other function(s) as may be assigned to it by the Government of the State or Union territory or Central Government, as the case may be or by the Animal Welfare Board of India.

Activity Report of the State Board.

10H. (1) Every State Board shall prepare, in such form and manner and within such time as may be prescribed, an Activity Report incorporating therein the activities undertaken by it for the welfare of animals and the steps or measures taken by it to implement various provisions of the Act and the rules and regulations made thereunder along with an annual statement of accounts including the balance sheet, maintained and prepared in accordance with such general directions as may be issued during the previous financial year and submit a copy thereof to the Board and the State or Union territory Government or the Central Government, as the case may be, at the end of the first quarter of the next financial year.

(2) The State or the Union territory Government, shall cause the annual report under sub-section (1) along with the audited accounts of the State Board to be laid, as soon as may be after they are received, before each House of the State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House:

Provided that in the case of Union territories without a Legislative Assembly, the Central Government, shall cause the annual report along with the audited accounts of the State Board of that Union territory to be laid, as soon as may be after they are received, before each House of Parliament.

Power of the State Board to make regulations.

10I. The State Board may, subject to previous approval of the State or Union territory or Central Government, as the case may be, make such regulations as it deems necessary for the financial and administrative affairs of the State Board and for the effective discharge of its functions."

12. In section 11 of the principal Act,––

Amendment of section 11.

(i) in sub-section (1),—

(a) clauses (l) to (o) shall be omitted;

(b) for the words "he shall be punishable, in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both", the words "he shall be punishable, in the case of a first offence, with fine which shall not be less than two thousand rupees per animal but which may extend to five thousand rupees per animal and in the case of a second or subsequent offence, with fine which shall not be less than five thousand rupees per animal but which may extend to twenty thousand rupees per animal with imprisonment for the minimum term of six months which may be extended to one year, or with both" shall be substituted.

(ii) clause (b) of sub-section (3), shall be omitted.

(iii) after sub-section (3), the following new sub-sections shall be

inserted, namely:—

"(4) The investigating officer shall report each case registered under this Act to the district police headquarters in which due records of all such cases shall be maintained in such form and manner as may be prescribed:

Provided that a copy of such record shall be shared with the State Board and the State Board shall forward such record or any part thereof to the Board on a request in writing in this regard."

(5) Any person found guilty of an offence under this section shall be prohibited from owning, keeping, having in possession, or working with animals in any capacity for a period of five years from the date of conviction:

Provided that upon conviction, any animals in the possession of the offender, not limited to those involved in the specific case for which the offender was convicted, shall be confiscated and rehabilitated as per the procedure prescribed by the Board;

Provided also that in case of a second or subsequent offence, the prohibition under this sub-section shall extend for the lifetime of the offender;

Provided further that any violation of this prohibition shall be punishable with fine of not less than ten thousand rupees, but which may extend to fifty thousand rupees, or with imprisonment for a term which may extend to one year, or with both."

13. After Section 11 of the principal Act, the following new sections shall be

inserted, namely:—

Insertion of new sections from 11A to 11C.

Penalty for gruesome cruelty.

"11A. (1) If any person commits an act of gruesome cruelty, as defined under section 2, he shall be punishable in the case of first offence with fine of fifty thousand rupees, which may extend to seventy-five thousand rupees, and in the case of a second or subsequent offence, with fine of one lakh rupees, which may extend to one lakh fifty thousand rupees or an amount equivalent to the cost of the animal, whichever is higher, as determined by the Judicial Magistrate in consultation with the jurisdictional veterinarian or with imprisonment for a term of one year, which may extend up to three years or with both:

Provided that in the case of first offence, the offender shall be prohibited from owning, keeping, or having any animal in his or her possession for a period of ten years from the date of conviction and in the case of a second or subsequent offence, the prohibition shall extend for the lifetime of the offender.".

Penalty for killing of an animal.

"11B. If any individual or group of individuals or organization commits any act with the intention to harm any animal resulting in its death or kills an animal by use of strychnine injection or in any other cruel manner, such individual or group of individuals or organization shall be punishable, in the case of first offence, with a fine of seventy-five thousand which may extend to one lakh rupees per animal and in the case of a second or subsequent offence, with a fine of one lakh fifty thousand rupees which may extend to two lakh rupees or an amount equivalent to three times of the cost of the animal, as determined by the Judicial Magistrate in consultation with the jurisdictional veterinarian, whichever is higher or with imprisonment for a term of three years which may extend to five years or with both."

Offence by poultry establishments and livestock farms.

"11C. Where an offence under this Act, has been committed by any poultry establishment or livestock farm, such offence shall be deemed to have been committed by the owner or the person in charge of the poultry establishment or livestock farm and shall be punishable, in the case of first offence, with fine equivalent to twenty-five per cent of the total market value of all birds or animals housed therein and in the case of a second or subsequent offence, with fine equivalent to forty per cent of the total market of all birds or animals housed therein:

Provided that the market value shall be determined by the Judicial Magistrate in consultation with the jurisdictional veterinary officer."

Amendment of section 12.

14. In section 12 of the principal Act, for the words "one thousand rupees, or with imprisonment for a term which may extend to two years", the words "seventy-five thousand rupees or with imprisonment for a term of two years for first offence and in the case of a repeat offender, with fine of one lakh rupees or with imprisonment for a term of three years or with both", shall be substituted.

15. In section 20 of the principal Act, —

Amendment of section 20.

(i) after the word "person", the words "or institution", shall be

inserted; and

(ii) for clause (b), the following shall be substituted, namely––

"(b) commits a breach of any condition imposed by the

Committee under that section;

such person or institution shall be punishable in the case of first offence, with fine which shall be up to five times the amount of the registration fees as per the ongoing fee structure of the Committee for the Purpose of Control and Supervision of Experiments on Animals , established under this Act and in the case of a repeat offender, with fine which shall not be less than five times the amount of the registration fees as per the ongoing fee structure of the said Committee which may extend, to ten times or with imprisonment for a term which may extend to two years or with both".

Amendment of section 26.

16. In section 26 of the principal Act, for the words "he shall be punishable on conviction with fine which may extend to five hundred rupees, or with imprisonment which may extend to three months, or with both", the words "he shall be punishable on conviction with fine which may extend to twenty-five thousand rupees, or with imprisonment which may extend to six months, or with both.", shall be substituted.

17. In section 28 of the principal Act, the following proviso shall be

Amendment of section 28.

inserted, namely:—

34 of 2006.

14 of 1981.

6 of 1974.

"Provided that such killing is carried out in a licensed slaughterhouse which is in compliance with all applicable laws, including but not limited to the Food Safety and Standards Act, 2006; the Air (Prevention and Control of Pollution) Act, 1981; the Water (Prevention and Control of Pollution) Act, 1974; and the Environment (Protection) Act, 1986, and the rules and regulations made thereunder."

29 of 1986.

18. In section 29 of the principal Act:—

Amendment of section 29.

(i) sub-section (4) shall be omitted.

(ii) in sub-section (5) for the words "one hundred rupees, or with imprisonment for a term which may extend to three months", the words "five thousand rupees, or with imprisonment for a term which may extend to six months", shall be substituted.

19. In section 30 of the principal Act, the following proviso shall be

Amendment of section 30.

inserted, namely:—

"Provided that if any person is charged with an offence under section 11B for the killing an animal and if the body or any part thereof is found in their possession, then it shall be presumed that such person has committed the offence with which he has been charged unless proven otherwise, and the burden of proof shall lie on the accused.

20. For section 31 of the principal Act, the following shall be substituted,

Amendment of section 31.

namely:—

"31. (1) Notwithstanding anything contained in the Bharatiya

46 of 2023.

Nagarik Suraksha Sanhita, 2023,––

(a) an offence punishable under sections 11A, 11B and 12 of

this Act shall be cognizable and non-bailable; and

(b) an offence punishable under clauses (c), (i), (j), and (k) of sub-section (1) of section 11, sections 11C and sub-section (1) of section 38 of this Act shall be cognizable andSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 89 ____________________________________________________________________ ____________________________________________________________________ (2) No person accused of an offence under sections 11A, 11B or 12 shall be released on bail or on their own bond except by an order of a Court of competent jurisdiction, and only after the Public Prosecutor has been heard and the Court has recorded a reasoned order in writing."

21. In section 32 of the principal Act,—

Amendment of section 32.

(i) in sub-section (1), for the words "clause (l) of sub-section (1) of section 11 in respect of any such animal as is referred to in section 30", the words "section 11B", shall be substituted.

(ii) in sub-section (2), after the words "phooka or doom dev or any other operation of the nature referred to in section 12", the words "or any act of gruesome cruelty", shall be inserted.

(iii) after sub-section (2), the following proviso shall be

inserted, namely:—

"Provided that any animal so seized under this section shall be kept in the custody of the local SPCA or recognised animal welfare organization, as per the order of the jurisdictional Magistrate in accordance with the rules framed under this Act."

22. In section 34 of the principal Act,—

Amendment in section 34.

(i) after the words "State Government", the words "or the Animal Welfare Board of India or the State Animal Welfare Board," shall be inserted.

(ii) the following proviso shall be inserted, namely:—

"Provided that any animal so seized under this section shall be kept in the custody of the local SPCA, as per the order of the jurisdictional Magistrate in accordance with the rules made under this Act."

23. In section 35 of the Principal Act, for sub-section (2) the following shall

Amendment of section 35.

be substituted, namely:—

"(2) The Magistrate before whom a prosecution for an offence against this Act has been instituted shall direct that the animal concerned shall be treated and cared for in an infirmary until it is fit to perform its usual work or is otherwise fit for discharge, or that it be sent to a pinjrapole, or, if the veterinary officer in charge of the area in which the animal is found or any other veterinary officer as may be authorised in this behalf by rules made under this Act certifies that the animal is incurable or cannot be removed without causing further suffering, the Magistrate may order its humane euthanasia:

Provided that a record of such euthanasia shall be maintained by the infirmary which shall be produced as and when required for the purpose of investigation or legal proceedings."

24. In section 36 of the principal Act, for the words, "three months", the

Amendment of section 36.

words "twelve months", shall be substituted.

25. In section 38 of the principal Act, —

Amendment of section 38.

(i) in sub-section (2), —

(a) clause (aa) shall be omitted.

(b) after clause (i), the following new clause shall be

inserted, namely: —

"(ia) the process of according recognition any organisation working for animal welfare and seeking financial or other assistance and support from the Central90 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ Government, which shall work under the general supervision and guidance of the Board."

(ii) in sub-section (3), for the words "one hundred rupees or with imprisonment for a term which may extend to three months", the words "fifty thousand rupees or with imprisonment for a term which may extend to two years", shall be substituted.

26. For section 38A of the principal Act, the following shall be substituted,

Amendment of section 38A.

namely: —

Rules and regulations to be laid before Parliament and State Legislature.

"38A. (1) Every rule made by the Central Government or by the Committee constituted under section 15 and every regulation made by the Board 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 as the case may be, or both Houses agree that the rule or regulation, as the case may be, 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.

(2) Every regulation made by the State Board 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.

27. After section 38A of the principal Act, the following new sections shall

be inserted namely.—

Insertion of new sections 38 AA and 38AAA.

Power of Central Government to give directions.

"38AA. The Central Government may, as required from time to time, issue general or specific directions to the Board or the State Board for carrying out the purposes of this Act, and the Board and the State Board shall, while discharging their functions under this Act, comply with such directions.

38AAA. (1) The State Government may, by notification in the

Official Gazette, make rules to carry out the provisions of this Act.

Power of State Government to make rules.

(2) Every rule made by the State Government under this Act 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.

Power to remove difficulties.

38AAAA. (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 consistent 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 made after the expiry of a

period of two years from the date of enactment.

(2) Every order made under this section shall be laid, as soon as

may be after it is made, before each House of Parliament."Sec-2] THE GAZETTE OF INDIA EXTRAORDINARY 91 ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

The Prevention of Cruelty to Animals Act, 1960, which was enacted to prevent the infliction of unnecessary pain or suffering on animals, has served as India's primary animal welfare legislation for over six decades. While the Act laid the foundation for animal welfare legislation in India, its provisions have proven inadequate in addressing contemporary challenges, particularly due to nominal penalties, limited institutional framework, and absence of clearly defined offences and insufficient mechanisms for implementation and accountability.

The Prevention of Cruelty to Animals (Amendment) Bill, 2025 seeks to address these deficiencies through comprehensive reforms aimed at creating a modern, robust, and enforceable animal welfare regime. The Bill's primary purpose is threefold: first, to provide effective deterrence against animal cruelty through substantially enhanced penalties; second, to create strong institutional mechanisms for implementation and oversight; and third, to expand the scope of protection to address contemporary forms of cruelty while ensuring proper care for different categories of animals. The amendments are necessitated by the growing instances of animal cruelty, the need for institutional support at state levels, and the importance of aligning our animal welfare laws with evolving jurisprudence and international standards of animal protection.

The Bill strengthens institutional mechanisms through significant reforms. It restructures the Animal Welfare Board of India through amendments to Section 5, expanding representation from various Ministries and including veterinary experts. New provisions under Section 8A establishes robust financial accountability through proper accounting, auditing, and reporting mechanisms. The Board's powers are enhanced under Section 10, including authority for inspection and investigation.

A major institutional reform is the mandatory establishment of State Animal Welfare Boards through insertion of a new Chapter IIA in the principal Act. These Boards, constituted with broad representation from relevant Departments of the State Government and stakeholders, are empowered with specific functions including implementation oversight, capacity building, and coordination with law enforcement. The Bill provides for their proper funding, reporting mechanisms, and regulatory powers.

The Bill substantially strengthens deterrence through enhanced penalties. For general acts of cruelty under sub-section (1) of Section 11, the minimum fine is increased from ten rupees to one thousand rupees per animal, extending up to two thousand five hundred rupees, with imprisonment terms increased to a minimum of six months. New provisions under Section 11A introduces penalties for gruesome cruelty, including acts of bestiality, mutilation, and animal fighting, with fines up to seventy-five thousand rupees and imprisonment up to three years. Section 11B specifically addresses the killing of animals through cruel means, prescribing fines up to one lakh rupees per animal and imprisonment up to five years. Section 11C introduces specific provisions for offences by poultry facilities and livestock farms, with penalties linked to the market value of animals involved.

The Bill significantly strengthens enforcement mechanisms. It amends Section 31 to make several offences cognisable and introduces provisions regarding bail. Section 32 and Section 34 are proposed to be amended to provide for proper custody of seized animals. Section 35 is modified to ensure proper treatment and care of animals during legal proceedings. The limitation period for prosecution under Section 36 is extended from three months to twelve months, allowing adequate time for investigation and prosecution.

These comprehensive amendments are essential to modernise India's animal welfare law, ensure effective prevention of cruelty, strengthen implementation mechanisms, and align the legal framework with contemporary societal values. The Bill creates a robust structure capable of addressing both current inadequacies and future challenges in animal welfare.

Hence this Bill.

SUDHA MURTYSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 93 ____________________________________________________________________ ____________________________________________________________________

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for enhancing the composition of the Animal Welfare Board of India in section 5 of the principal Act to make more broad- based. Clause 6 of the Bill provides for constitution of as many Committees or sub-Committees including an Executive Committee by the Animal Welfare Board of India with such number of Members of the Board nominated thereto by the Chairman of the Board and other Members co-opted thereto. Clause 11 of the Bill provides for the establishment of State Animal Welfare Boards in all States and Union territories of the country along with their composition and also providing for the travelling and other incidental charges of the Members for attending the meetings of the Board. The said clause also provides that State Board shall undertake capacity building measures to ensure proper enforcement of the Act and shall extend financial assistance and support to animal welfare organisations which obtain recognition therefrom.

The Bill, therefore, if enacted, would involve expenditure, both of non- recurring and recurring nature from the Consolidated Fund of India. However, it is not possible to estimate the exact recurring and non-recurring expenditure at this stage.

XV

Bill No. XX of 2025

A Bill to provide for the right to health care services for

all citizens and for matters connected

therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India as follows:―

1. (1) This Act may be called the Right to Health Care Services Act, 2025.

Short title and commencement.

(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.

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

(a) "appropriate Government" means, in respect of matters

relating to, —

(i) a Union Territory without legislature, the Central

Government;

(ii) Union Territories with legislature, the Government of such

Union Territories;

(iii) a State, the State Government.

(b) "Authority" means the National Health Care Services Authority

constituted under section 9 of this Act;

57 of 1955.

(c) "citizen" means a person who is a citizen of India within the meaning of Part II of the Constitution of India and the provisions of the Citizenship Act, 1955, and includes such other persons as may be declared as citizens of India under any law for the time being in force;

(d) "emergency medical care" means immediate and necessary medical attention required to prevent death or serious health consequences;

(e) "essential medicines" means medicines included in the National List of Essential Medicines (NLEM), as notified by the Ministry of Health and Family Welfare;

(f) "genetic disorder" means any disease or condition caused by an abnormality in an individual's DNA, including inherited disorders and conditions such as cancer;

(g) "government-funded health care services" means health care services funded and provided directly by the Government or services provided by non-governmental entities for which the Government funds part or all of the costs of care for some or all patients;

(h) "health care service" means testing, treatment, care, procedures, or any other service or intervention aimed at preventative, promotive, therapeutic, diagnostic, nursing, rehabilitative, palliative, convalescent, research, or other health-related purposes, including combinations thereof; and shall also include reproductive health care and emergency medical care arising from participation in a medical research programme;

(i) "health care establishment" means the whole or any part of a public or private institution, facility, building, or place, set up, financed, controlled, or managed by the Government or privately owned, whether for profit or not, to provide inpatient or outpatient health care including treatment, diagnostic or therapeutic interventions, nursing, rehabilitative, palliative, convalescent, preventative, promotive, or research-based health services to the general public;

(j) "health care provider" means a medical doctor, nurse, paramedical professional, social worker, or any other appropriately trained and qualified individual possessing specific skills relevant to health care, nursing, rehabilitation, palliative care, convalescent care, preventative care, or other health services;

(k) "informed consent" means consent that is specific to a proposed health care intervention, given voluntarily without force, undue influence, fraud, threat, mistake, or misrepresentation, and obtained96 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ after disclosing to the person giving consent, whether for themselves or in a representative capacity where necessary, all material information, including costs, risks, benefits, significant implications, and alternatives to the proposed health care, in a language and manner understood by such person;

(l) "One District, One Medical Institution" means a scheme or initiative undertaken by the appropriate Government to ensure the establishment of at least one tertiary medical institution, with requisite health care facilities in each district to ensure equitable access to health care for the population, in such manner as may be prescribed;

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

(n) "public health" means the health of the population as a whole, especially as monitored, regulated, and promoted by the appropriate Government;

(o) "public health care establishment" means a health care establishment as defined under clause (i) of section 2 of this Act, set up, financed, controlled, or managed by the Government;

(p) "rare diseases" refers to diseases that affect a small percentage of the population, as defined and notified by the Ministry of Health and Family Welfare;

(q) "social audit" means an audit conducted by the community or stakeholders to evaluate the social, economic, and health-related dimensions of a policy, program, or institution or establishment;

(r) "telemedicine" means the delivery of health care services, including consultation, diagnosis, treatment, and monitoring, through the use of information and communication technologies, in alignment with the Telemedicine Practice Guidelines, 2020, issued by the Ministry of Health and Family Welfare and as updated from time to time by the Ministry; and

(s) "vulnerable groups" includes individuals or populations requiring special attention due to factors such as age, health conditions, socio-economic status, disability, or other marginalized circumstances, as may be notified by the appropriate Government in the Official Gazette.

3. (1) With respect to health care services and other matters related thereto,

every citizen shall have the,—

(i) right to information,— which shall include the following,

Rights to healthcare services and other matters related thereto.

namely––

(a) right to obtain adequate and relevant information regarding the nature and cause of illness, proposed investigations, treatment plans, expected outcomes, potential complications, and the associated costs of treatment and care; and

(b) right to be informed of the rates or charges for each type of service and the facilities available at any health care establishment, including public and private institutions.

(ii) right to free health care services, which shall include the

following, namely―

(a) right to avail free Out-Patient Department (OPD) and

In-Patient Department (IPD) services provided by public

health care establishments according to their level of care,

including consultation, diagnostics, emergency transport,

essential medicines, medical procedures, and emergency care,

in such manner as may be prescribed; and

Explanation.– For the purposes of this clause—

(i) Out-Patient Department (OPD) services means medical

consultations, diagnostic tests, minor medical procedures,

and treatments that do not require hospital admission; and

(ii) In-Patient Department (IPD) services means medical

treatments, surgeries, and procedures that necessitate

hospital admission and in-patient care.

(b) right to immediate medical attention and critical care, in the event of a health emergency, without prepayment of requisite fees or charges, including but not limited to emergency obstetric care and treatment of medico-legal cases, provided by any health care provider, establishment, or facility, whether public or private;

Explanation.– For the purposes of this clause, "medico-legal case" refers to any medical case with legal implications, civil or criminal in nature, including but not limited to cases of accidents, assault, sexual assault, suicide attempts, poisoning, injuries due to domestic violence, injuries at workplaces, and similar incidents;

Provided that health care providers and establishments shall not delay treatment in such cases due to pending police clearance or reports.

(iii) right to access medical records, either by the patients themselves or by the authorised representatives of such patients, who are bedridden or incapacitated, either physically or mentally, including investigation reports, detailed itemized bills, treatment summaries, and other health-related documentation as may be maintained by the health care establishment, in such form and manner as may be prescribed;

(iv) right to confidentiality, human dignity, and privacy during diagnosis, treatment, and care, in accordance with the standards, as may be prescribed by rules made under this Act or in accordance with the provisions of any law in this regard for the time being in force;

(v) right to gender-sensitive care, which shall entitle a female patient to request and avail the presence of a female health care professional or attendant during any physical examination conducted by any health care establishment;

(vi) right to alternative and safe care, including the right to—

(a) choose alternative treatment options available at any health care establishment, in such manner as may be prescribed; and

(b) safe, quality, and standard-compliant health care in

accordance with the prescribed regulations.

(vii) right to second opinion, including the right to obtain treatment records and information from the health care establishment in which treatment is being undertaken for the purpose of seeking a second opinion from another health care provider or establishment;

(viii) right to emergency support, including the right to free

transportation, free treatment, and free insurance coverage

for injuries sustained in road accidents , in accordance

with the rules prescribed under this Act:

Provided that the health care establishments shall provide referral

transport for patients requiring transfer to another health care facility

in such manner as may be prescribed.

(ix) right to refuse treatment, including the right to choose whether to consent to medical treatment, to refuse it, or to choose from amongst the available treatments being offered, provided that such refusal does not endanger public health or violate the provision of any other law in this regard for the time being in force;

(x) right to health standards, including the right to access and receive health care services conforming to the highest attainable standard of physical and mental health as guaranteed under this Act;

(xi) right to leave against medical advice, which shall entitle patients leaving a health care establishment against medical advice with the right to receive a treatment summary and discharge records, in such form and manner as may be prescribed;

(xii) right to access, including the right to have timely and quality access to facilities, goods, and services necessary to achieve the best health outcomes; and

Explanation.— For the purpose of this clause, access includes the components of coverage, quality and timeliness as may be prescribed.

(xiii) right to informed consent, which shall entitle every patient or authorised representative(s) of such patients, who are bedridden or incapacitated, either physically or mentally, with the right to full disclosure of information regarding the following, but not limited to:

(a) the condition, disorder, and disease that the individual is

having or suffering from;

(b) the necessity for further diagnostic test(s);

(c) the natural course of the condition and possible

complications;

(d) consequences of non-treatment;

(e) available treatment options;

(f) potential risks and benefits of treatment options;

(g) duration and approximate cost of treatment; and

(h) expected outcome;

so as to enable them to give their informed consent to avail the line of treatment suggested by the health care provider or establishment, in such manner as may be prescribed:

Provided that such information shall not jeopardize the patient's

physical, mental, or emotional health.

(2) No person shall be denied access to health care services, facilities,

resources, goods, or information on any grounds of sex, class,

economic status, place of birth, age, marital status, health status,

sexual orientation, disability, occupation, religion, race, caste, social

origin, or on any other ground that is unreasonable or arbitrary.

(3) The appropriate Government shall take all necessary measures to

ensure equal access to health care services and facilities to all citizens,

and that, no citizen is discriminated against on any ground referred to

in sub-section (2).

4. The appropriate Government shall take all necessary measures to

ensure that the health care needs of vulnerable groups including but

not limited to the following, are met effectively and equitably:—

Special provisions for specific vulnerable groups.

(a) women and children, with a focus on maternal and child

health care, reproductive health, nutrition, and immunization

services;

(b )persons with disabilities, by ensuring accessible health care

services, specialized treatments, and assistive technologies as per

their specific needs;

(c) senior citizens and economically weaker sections, by

providing subsidized or free health care services, geriatric care,

and community-based health programs; and

(d) individuals with rare diseases or genetic disorders, through

the establishment of dedicated programs, access to affordable

treatments, and research initiatives aimed at prevention and

management of such diseases.

Responsibilities of the Central Government.

5. The Central Government shall, within such time intervals as may be

prescribed, take necessary measures to enhance health care resources

so as to ensure the health and well-being of every citizen, and for the

said purpose shall,―

(a) formulate, in consultation with the National Health Care

Services Authority, established under section 9 of this Act and

implement a National Human Resource Policy for Health to

ensure equitable distribution and availability of health

professionals at all levels;

(b) establish quality audit and grievance redressal mechanisms;

(c) align health services and schemes to empower citizens with

preventive, promotive and protective health care;

(d) prescribe standards for the quality, accessibility and safety

of health care at all levels;

(e) ensure the availability of government-funded health care

services taking into account factors such as distance, population

density, and geographical area;

(f) guarantee access to government-funded health care services

without any discrimination;

(g) mobilize financial and human resources and formulate

policies for the implementation of the obligations under this Act.

(h) establish coordination mechanism among departments

and/or concerned authorities to ensure provision of adequate

nutrition, safe drinking water, and sanitation to patients in

healthcare establishments;

(i) undertake measures to inform, educate, and empower

citizens about health issues;

(j) formulate and implement a National Health Policy to ensure

the realization of the right to health care services guaranteed

under this Act;

(k) provide financial and technical support to State

Governments for health care development; and

(l) formulate guidelines for quality assurance in health care

services provided by health care establishments.

Responsibilities of the State Governments.

6. Without prejudice to the responsibilities specified under other provisions of this Act, every State Government shall take all necessary measures for the effective implementation, administration, and regulation of health care services within its jurisdiction, including the urban local bodies and panchayati raj institutions under it and for this purpose shall,—

(a) establish, as soon as may be after commencement of this Act, by notification in the Official Gazette, State Health Care Services Authorities, with such composition and in such manner, as may be prescribed, to work in coordination with the National Health Care Services Authority and to oversee the implementation of health care policies and services, ensure effective implementation by the heath care establishments in the State and to perform such other functions, as may be prescribed;

(b) ensure the equitable distribution of health care resources, particularly in rural and remote areas, in such manner as may be prescribed;

(c) formulate and implement state-specific health care programs

that addresses local health needs and priorities;

(d) collaborate with urban local bodies and panchayati raj institutions to strengthen local health governance, decision-making and implementation of health care services at the grassroot level;

(e) promote awareness of health care rights among citizens to

ensure their informed participation in health care services;

(f) facilitate access to Government health schemes and ensure their

effective implementation to eligible beneficiaries;

(g) conduct social audits of health care services to assess their effectiveness, transparency, and accountability and take remedial measures in such manner as may be prescribed.

7. (1) The appropriate Government shall take all necessary measures to

strengthen health infrastructure across the country and for

development of human resources in the health care field, with focus on

equitable access and quality healthcare services to all citizens.

(2) For the furtherance of this objective, the appropriate Government

shall —

Appropriate Government to strengthen health infrastructure and for human resource development in the health care field.

(a) build and upgrade healthcare facilities in underserved

areas, under the "One District, One Medical Institution" initiative

to ensure district-level access to comprehensive medical care;

(b) ensure the availability of free essential medicines,

diagnostics, and other necessary healthcare services at public

health care establishments in such manner as may be prescribed;

(c) provide referral transport services for patients requiring

specialized or emergency medical care at higher-level health care

facilities;

(d) establish specialized centres for the treatment of rare

diseases, genetic disorders, cancer and such other medical

conditions in major public hospitals by notification in the Official

Gazette;

(e) set up telemedicine centres in rural and remote areas to

ensure universal healthcare access through digital connectivity

and consultation services, in such manner as may be prescribed;

(f) formulate and implement policies to address the shortage of

health care professionals and ancillary health workers;

(g) provide regular training and organise capacity-building

programs for health care workers at all levels;

(h) ensure equitable distribution of medical professionals and

health care workers at all levels across all regions of the country,

with priority given to underserved and remote areas, in

accordance with the National Human Resource Policy for Health

formulated and implemented by the Central Government under

clause (a) of section 5; and

(i) promote and support research and development in critical

areas, including genetics, oncology, mental health, and other

emerging health care fields.

8. The appropriate Government shall, in such manner and within such

time as may be prescribed, establish national and regional centres for

rare and life-threatening diseases and genetic disorders, which shall––

National and Regional Centres for rare and life- threatening diseases and genetic disorders.

(a) provide financial assistance for the treatment of rare and

life-threatening diseases and genetic disorders, to such needy

patients, as may be determined in accordance with the prescribed

norms;

(b) promote research, innovation, and development of genetic

therapies and for rare disease management;

(c) ensure availability of specialized medical professionals,

diagnostic facilities, and requisite medical equipment for the

treatment of rare and life-threatening diseases and genetic

disorders; and

(d) undertake public awareness and capacity-building

programs for early detection, prevention, and management of

genetic disorders.

Constitution of National Health Care Services Authority.

9. (1) The Central Government shall, by notification in the Official

Gazette, constitute an independent body to be known as the National

Health Care Services Authority, to exercise the powers conferred on,

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

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

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

Authority may with the prior approval of the Central Government,

establish offices at such other places in the country, as it may deem

necessary, for carrying out the purposes of this Act.

(4) The Authority shall consist of the following, namely—

(a) the Prime Minister of India, who shall be the Chairman, ex-

officio;

(b) the Minister of Health and Family Welfare, Government of

India – Member, ex-officio.

(c) the Minister of State for Health and Family

Welfare, Government of India – Member, ex-officio;

(d) the Secretary to the Government of India in the Ministry of

Health and Family Welfare – Member, ex-officio; and

(e) three persons to be nominated by the President of India

from amongst persons having specialized knowledge or

professional experience in public health, public policy, or health

administration, or allied disciplines, in such manner as may be

prescribed.

(5) The Authority shall meet at least once every three months to carry out its functions effectively.

(6) The salaries, or allowances, and other terms and conditions of

service, of the Members of the Authority, shall be such as may be

prescribed.

(7) The Authority shall have the power to regulate its own procedure.

Resignation and removal.

10. (1) The Members of the Authority, other than the ex-officio Members, may, by writing given under their hand to the Central Government, resign from their office at any time.

(2) The Central Government may, by order, remove from office, any Member, other than the ex-officio Members of the Authority, if such Member—

(a) has been adjudged an insolvent; or

(b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or

(c) becomes of unsound mind and stands so declared by a

competent court; or

(d) refuses to act or has become physically or mentally incapable

of acting in his official capacity; or

(e) is, without obtaining leave of absence from the Authority,

absent from three consecutive meetings of the Authority; or

(f) has, in the opinion of the Central Government, so abused his office as to render his continuance in office detrimental to the interest of office or the public interest:

Provided that no person shall be removed from office under this clause, u n l e s s that person has been given a reasonable opportunity of being heard in the matter.

(3) A vacancy caused under sub-sections (1) and (2) or otherwise shall be filled by fresh nomination:

Provided that any Member nominated against a casual vacancy in the Authority shall hold office only for the remainder of the term of the Member in whose place he has been nominated.

11. No act or proceeding of the Authority shall be questioned or shall be

invalidated merely by reason of:

Vacancies, etc., not to invalidate the proceedings of the Authority.

(a) any vacancy in, or any defect in the constitution of, the

Authority; orSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 103 ____________________________________________________________________ ____________________________________________________________________ (b) any defect in the nomination of a person as Member of the

Authority; or

(c) any irregularity in the procedure of the Authority not affecting

the merits of the case.

Officers and staff of the Authority.

12. (1) The Central Government shall appoint such number of officers

and staff to the Authority, as may be necessary for the efficient

discharge of its functions under this Act, in such manner as may be

prescribed.

(2) The method of recruitment, salaries and allowances payable to, and

other terms and conditions of service of, the officers and staff, so

appointed for the purpose of the Authority shall be such as may be

prescribed.

13. (1) The Authority shall perform all or any of the following functions,

Functions of the Authority.

namely,–

(a) advise the appropriate Government on matters related to public health, including preventive, promotive, curative, and rehabilitative health measures, as well as occupational, environmental, and socio- economic health determinants;

(b) formulate health goals and recommend measures to ensure integration of the goals into the mandates of panchayati raj institutions and urban local bodies;

(c) develop strategic plans at the central level for the implementation of the rights guaranteed under this Act, including action on determinants such as access to healthy food, clean water, and sanitation;

(d) establish mechanisms and systems for conducting regular medical, clinical, and social audits to ensure the delivery of good quality healthcare services at all levels;

(e) constitute committees, scientific panels, or technical panels

as may be deemed necessary for the effective discharge of its

functions;

(f) ensure provision of quality and cost-effective health and diagnostic services by private healthcare providers in accordance with the prescribed standards;

(g) investigate and provide satisfactory resolution to complaints and grievances escalated to it under the Grievance Redressal Mechanism established under section 16 this Act, in such manner and within such time, as may be prescribed;

(h) investigate cases of contravention of any of the provisions of the Act and the rules and regulations made thereunder and take necessary action thereon in such manner and within such time, as may be prescribed;

(i) conduct periodic evaluations of health care services to assess

their compliance with the provisions of this Act;

(j) monitor the implementation and performance of the "One

District, One Medical Institution" initiative;

(k) prepare an annual report giving a full account of its activities and including therein the progress made and challenges encountered in104 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ the implementation of the provisions of this Act, in such form and manner as may be prescribed and forward a copy of the same to the Central Government; and

(l) any other function for the furtherance of the objectives of this

Act or as may be assigned to it by the Central Government.

(2) The Authority, while discharging the functions under clauses (g) and (h) of sub-section (1), shall have the power to summon and examine witnesses, review documents, and issue orders for compliance, correction, or imposing penalty, as deemed necessary.

Powers of the Authority.

46 of 2023. 14. (1) The Authority shall have the powers of a civil court under the Bharatiya Nagarik Suraksha Sanhita, 2023, while discharging its functions under clauses (g) and (h) of section 13, specifically to:

(a) summon and enforce the attendance of any person;

(b) require the discovery and production of documents;

(c) receive evidence on affidavits;

(d) requisition any public record or copy thereof from any court or

office;

(e) issue commissions for the examination of witnesses or

documents; and

(f) any other matter which may be prescribed.

(2) The Authority shall have the power to initiate proceedings for non- compliance of its orders.

Appeal.

15. (1) Any person aggrieved by a decision or an order of the Authority may file an appeal to the Supreme Court within a period of sixty days from the date of such decision or order:

Provided that the Supreme Court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2) The decision of the Supreme Court on the appeal shall be final and binding.

Grievance redressal mechanism.

16. (1) The appropriate Government shall, within a period of three

months from the date of commencement of this Act, by notification in

the Official Gazette, establish a Grievance Redressal Mechanism, in

such form and manner, as may be prescribed, for the expeditious

resolution of complaints relating to the denial of health care services or

the violation of the rights guaranteed under this Act or contravention

of any of the provisions of this Act.

(2) The Grievance Redressal Mechanism shall comprise a dedicated

web portal and helpline centre to receive complaints and registration

of grievances, in such form and manner as may be prescribed.

(3) The web portal and helpline centre referred to in sub-section (2), shall forward the complaints and grievances received by them to the designated officer, as notified, and within twenty-four hours of the time of receipt and the designated officer shall respond to the complainant within twenty-four hours of the time of receipt of the complaint or grievance by him, in such form and manner as may be prescribed:

Provided that if the complaint or grievance remains unresolved by the designated officer within the stipulated -twenty-four-hour period, the complaint or grievance shall be immediately escalated to the National or the State Health Authority, as the case may be, for resolution.

Penalties.

17. Whoever contravenes any of the provisions of this Act or the rules and regulations made thereunder shall be punishable for the first contravention with fine which may extend to twenty-five thousand rupees and for repeated contravention or default, with fine of five hundred rupees per day for each day of such contravention or default which may extend to fifty thousand rupees.

Offences by companies.

18. (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, or 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 nothing contained in this sub-section, shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he had 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,—

(a) "company" means any body corporate and includes a firm, or

other association of individuals; and

(b) "director" in relation to a firm, means a partner in the firm.

19. All sums realized, by way of penalties, imposed by the Authority, shall be

credited to the Consolidated Fund of India.

Crediting sums realised by way of penalties to the Consolidated Fund of India.

Sharing of financial responsibilities.

20. (1) The Central Government and the State Governments shall have

concurrent responsibility for providing funds for carrying out the

purposes of this Act.

(2) The Central Government shall prepare the estimates of capital and

recurring expenditure for the implementation of the provisions of the

Act.

(3) The Central Government shall provide funds to the State

Governments, as grants-in-aid of revenues, to meet such percentage of

expenditure referred to in sub-section (2), as it may determine, from

time to time, in consultation with the State Governments, to enable

them to carry out the purposes of this Act.

(4) The Central Government shall, after due appropriation made by

Parliament by law in this behalf, grant such sums of money to the

Authority, as it may think fit, for the effective implementation and

enforcement of the provisions of this Act.

(5) The State Governments shall, after taking into consideration, the

sums provided by the Central Government and its other resources, be

responsible to provide funds for implementation of the provisions of

this Act.

Central Government to lay Report.

21. (1) The Central Government shall cause the annual reports of the Authority referred to in clause(k) of sub-section(1) of section 13, to be laid, as soon as may be after they are received, before each House of Parliament.

(2) Where any such report or any part thereof relates to any matter with which any State Government is concerned, the Authority shall forward a copy of such report or part thereof to such State Government, who shall cause it to be laid, as soon as may be after they are received, before each House of the State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House.

Accounts and audit.

22. (1) The Authority shall, in consultation with the Comptroller and Auditor- General of India, maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form and manner and at such time of each financial year, as may be prescribed.

(2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Authority 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 any of the offices of the Authority.

(4) The accounts of the Authority, 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 Authority.

Power to remove difficulties.

23. (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 may be necessary to remove the difficulty:

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

from the commencement of this Act.

(2) Every order made under this section shall be laid before each House of Parliament, as soon as possible after it is made.

24. (1) The appropriate Government may, by notification in the Official

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

Power to make rules and regulations.

(2) The Authority may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.

(3) Every rule and every regulation made by the Central Government under this section shall be laid before each House of Parliament, as soon as may be after it is made, for a total period of thirty days, which may be composed in one session or in two or more successive sessions. If, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree to modify or annul the rule, the rule shall thereafter have effect only in such modified form or stand annulled, as the case may be, without prejudice to the validity of anything previously done under that rule.

(4) Every rule and every regulation made by a State Government or the Union territory, as the case may be and every notification issued by the State Government or the Union territory, as the case may be, under this Act, shall be laid as soon as may be, after it is made, before the State Legislature, or the Union territory Legislature, as the case may be, where it consists of two Houses, or where such legislature consists of one House, before that House.

STATEMENT OF OBJECTS AND REASONS

The Right to Health Care Services Bill, 2025, aims to establish a comprehensive legal framework ensuring equitable access to healthcare for all citizens of India. Despite significant advancements in healthcare, disparities in accessibility, affordability, and quality persist, particularly amongst marginalized communities. According to the National Health Accounts (NHA) Report 2021, out-of-pocket expenditure constitutes 48.2 per-cent. of the total health expenditure, leading to catastrophic health expenditures for millions. The Global Burden of Disease Study (2020) also highlights that India ranks 145th among 195 countries in healthcare access and quality, necessitating immediate legislative intervention.

This Bill seeks to recognize healthcare as a fundamental right, aligning with Article 21 of the Constitution, which guarantees the right to life and personal liberty. By providing a statutory framework, it mandates universal access to essential healthcare services, ensuring financial protection through state-funded schemes. The Economic Survey 2022-23 revealed that government health expenditure remains at 2.1 per-cent of GDP, which is inadequate compared to the global average of 6 per-cent. Strengthening legal provisions through this Bill will enhance public healthcare infrastructure and reduce dependency on private sector healthcare, where 66 per-cent of India's population seeks treatment due to poor public health services (NSS 75thRound).

The provisions proposed under this Bill focus on prohibiting discriminatory practices, ensuring accountability of private healthcare providers, and introducing a grievance redressal mechanism. Reports from NITI Aayog (2021) indicate that 27 per-cent of urban households and 55 per-cent of rural households do not have health insurance coverage, necessitating a framework for affordable healthcare. Additionally, the Lancet Commission on Pollution and Health (2018) found that environmental factors contribute to 1.7 million deaths annually in India, justifying the need for preventive healthcare policies.

By integrating public health, digital health, and environmental health regulations, this Bill aligns with India's commitments under the National Health Policy, 2017, and Sustainable Development Goals (SDG 3: Good Health and Well-being). It also strengthens the implementation of Ayushman Bharat, ensuring seamless healthcare services to the economically weaker sections. The proposed Bill promotes transparent regulation of private healthcare institutions, enhanced penalties for medical negligence, and expands health insurance coverage, safeguarding citizens from financial distress.

Given the urgency of healthcare reforms, this Bill aims to create a robust, accessible, and accountable healthcare system, prioritizing citizen welfare over commercial interests. By enacting the Right to Health Care Services Bill, 2025, the Government will reaffirm its commitment to universal health coverage, ensuring that every individual receives affordable, quality healthcare without discrimination.

Hence, this Bill.

ASHOK KUMAR MITTALSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 109 ____________________________________________________________________ ____________________________________________________________________

FINANCIAL MEMORANDUM

Clause 3 of the Bill inter alia guarantees the right to health care services and emergency support to every citizen and provides that no citizen shall be discriminated against on any ground and that the Government shall ensure equal access to health care services and facilities to all citizens. Clause 4 provides that the appropriate Government shall make special provisions for ensuring the healthcare needs of specific vulnerable groups. Clause 5 stipulates the responsibilities of the Central Government to enhance health care resources and ensure the health and wellbeing of every citizen as guaranteed under the Bill. Clause 7 provides that the appropriate Government shall take all necessary measures to strengthen health infrastructure across the country and for development of human resources in the health care field. Clause 8 of the Bill provides for the establishment of national and regional centres for the treatment of rare, life-threatening diseases and genetic disorders and to provide financial assistance for the treatment of such diseases. Clause 9 of the Bill provides for the constitution of the National Health Care Services Authority and for the salaries and allowances payable to and other terms and conditions of service of the Members of the Authority. Clause 12 provides for the officers and staff of the Authority and the salaries and allowances payable to them as well as their terms and conditions of service. Clause 13 provides for the functions of the Authority and inter alia specifies that the Authority shall constitute committees, scientific panels, or technical panels for the effective discharge of its functions. Clause 16 provides for the establishment of a Grievance Redressal Mechanism for the expeditious resolution of complaints relating to the denial of health care services or the violation of the rights guaranteed under this Act or contravention of any of the provisions of this Act. Clause 20 of the Bill provides that the Central and State Government shall have concurrent responsibility for providing funds for carrying out the purposes of the Bill and that the Central Government shall provide funds to the State Governments, to meet such percentage of expenditure, as may be determined, from time to time, in consultation with the State Governments, as grants-in-aid of revenues, to enable them to carry out the purposes of this Bill. The said clause also provides that the Central Government shall grant such sums of money to the Authority for the effective implementation and enforcement of the provisions of the Bill.

The Bill, therefore, if enacted, would involve both non-recurring and recurring expenditure from the Consolidated Fund of India. However, at this juncture, it is difficult to estimate the actual expenditure likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 23 of the Bill empowers the Central Government to make provisions by an order to remove any difficulties that might arise in giving effect to any of the provisions thereof. Clause 24 of the Bill empowers the appropriate Government to make rules and regulations and the National Health Care Services Authority to make regulations for carrying out the purposes of this Bill. As the rules, regulations and order(s) will relate to matters of details only, the delegation of legislative power is of a normal character.

XVI

Bill No. LVI of 2025

A Bill to provide for the prevention of harm to human beings and loss of lives and

property from stray and wild animal attacks, establish mechanisms

for rapid emergency response and victim compensation, and

to regulate the welfare, population control, vaccination,

sheltering, and rehabilitation of such animals

through humane and scientific practices,

and for matters connected

therewith or incidental

thereto.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Stray and Wild Animal Attacks (Prevention

Short title and commencement.

and Welfare) Act, 2025.

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

notification in the Official Gazette, appoint.

Definitions. 2. (a) "appropriate Government" means, in the case of a State, the Government

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

(b) "designated officer" means an officer appointed by the Central Government or the State Government by notification in the Official Gazette, for such local area or for such functions as may be specified in the notification;

(c) "domestic or pet animal" means any animal that is tamed or bred in captivity and is ordinarily kept or intended to be kept in a household, farm, or other human environment for companionship, work, utility, or livelihood;

(d) "Fund" means the Stray and Wild Animal Victim Compensation Fund established under section 14 of this Act;

(e) "incident" means any reported case of injury, fatality, or medically verified threat to a human being caused by an attack or aggression by a stray or wild animal;

(f) "local authority" means,—

(i) a Municipality or a Panchayat, as defined in clauses (e) and (f) of article 243P of the Constitution, which is responsible for sanitation in its area of jurisdiction;

(ii) a Cantonment Board constituted under section 10 of the

41 of 2006.

Cantonments Act, 2006; and

(iii) a railway authority of that sub-division, district, or any such

part of India;

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

(h) "Scheme" means the Scheme for payment of compensation to persons affected by incidents under this Act framed under section 10;

(i) "shelter home" means a facility established, maintained, or recognised by the State Animal Welfare Board, or in the case of a Union Territory, by the Union Territory Administration or the Animal Welfare Board of India, for the temporary or long-term housing, medical treatment, post-operative care, quarantine, and rehabilitation of stray animals, in accordance with the standards and guidelines prescribed under this Act or the rules made thereunder;

(j) "stray animal" means a dog, or any other animal species as may be notified by the Central Government from time to time, found in a public place without supervision, care, or identifiable ownership;

(k) "Unit" means the Stray and Wild Animal Response Unit established by the appropriate Government in every district of the country under section 3; and

53 of 1972.

(l) "wild animal" means any animal as defined under the Wildlife (Protection) Act, 1972, which is found in human-inhabited or developed areas outside its notified or natural habitat.

CHAPTER II

STRAY AND WILD ANIMAL RESPONSE UNIT

Establishment of Stray and Wild Animal Response Unit.

3. (1) The appropriate Government shall, by notification in the official

Gazette, establish, in every district, a Stray and Wild Animal Response

Unit within six months from the date of commencement of this Act, to

carry out the purposes of this Act.

(2) The Unit shall function as a nodal body for coordination between the Department of Animal Husbandry and Veterinary Services, the Forest Department, the Health Department, local authorities, and such other authorities and stakeholders, as may be required from time to time for the effective implementation of the provisions of this Act.

(3) The composition of each Unit shall be as follows—

(a) a veterinary practitioner registered under the relevant law

for the time being in force, to be nominated by the District

Administration in such manner as may be prescribed, who shall serve

as the Chairperson;

(b) one officer not below such rank as may be prescribed, from

the Forest or Wildlife Department to be nominated by the

appropriate Government in such manner as may be prescribed;

(c) one representative from the Health Department in the

appropriate Government not below the rank of Block Medical

Officer or equivalent, to be nominated by the appropriate

Government in such manner as may be prescribed;

(d) one representative from the Police Department or Civil

Defence, not below such rank as may be prescribed, to be nominated

by the appropriate Government in such manner as may be

prescribed; and

(e) one representative of a Animal Welfare Organisation

registered under any law for the time being in force and having

such experience in stray or wild animal management, to be appointed

by the appropriate Government, in such manner as may be

prescribed.

(4) The Unit shall work in coordination with the Animal Welfare Board of the State, in the case of a State, or the Animal Welfare Board of India, in the case of a Union Territory, and any other relevant local body, as may be prescribed.

(5) The term of office of, the salary and allowances payable to, and other

terms and conditions of service of the Chairperson and Members of the

Unit shall be such as may be prescribed.

(6) The Unit shall function in such manner and the procedure with regard to transaction of its business shall be regulated in such manner as may be prescribed by the appropriate Government.

Officers and staff of the Unit.

4. (1) The appropriate Government may appoint such number of officers

and staff to the Unit, as may be necessary for the efficient discharge of

its functions under this Act.

(2) The method of recruitment, the salaries and allowances payable to,

and other terms and conditions of service of, the officers and staff, so

appointed for the purpose of the Unit shall be such as may be

prescribed.

CHAPTER III

PREVENTION AND SAFETY MEASURES

5. (1) No person who owns or is in charge of a domestic or pet animal shall abandon such animal in any public place, private property, or any other location, whether temporarily or permanently, in a manner that renders the animal stray or without care.

Prohibition of abandonment and mandatory registration of owned animals.

(2) Every person who owns or has acquired any domestic or pet animal shall, within a period of one month from the date of such acquisition or ownership, make an application for its registration to the respective local authority having jurisdiction:

Provided that every person who, before the commencement of this Act, owns or is in charge of a domestic or pet animal shall, within such period from the date of commencement of this Act, as may be prescribed, apply for registration as provided under this Act.

(3) The procedure for registration, including application forms, required documents, fees, and maintenance of a digital or physical register of such registration under sub-section (2), shall be such as may be prescribed.

(4) The local authority shall maintain a register of all animals registered under sub-section (2), including the name and contact details of the owner, species and breed of the animal, and such other particulars as specified in such form and manner as may be prescribed.

(5) Any person who, in contravention of this section —

(a) fails to register their domestic or pet animal within the

stipulated time; or

(b) abandons an animal;

shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both.

Risk zoning and surveillance.

6. (1) Local authorities shall, in consultation with the concerned Unit, identify and notify high-risk zones based on the frequency, severity, recurrence of incidents and such other factors in such form and manner as may be prescribed.

(2) In such notified zones, the local authority shall implement appropriate surveillance and deterrent measures, which may include CCTV installation, animal tagging, and installation of physical barriers, subject to technical feasibility and ecological compliance.

(3) The Central Government may issue model guidelines for standardising the risk assessment criteria and minimum safety infrastructure required in high-risk zones.

Prevention protocols.

7. (1) The local authority shall implement mandatory sterilization and anti- rabies vaccination drives in areas notified as high-risk zones under section 6, at such regular intervals as may be prescribed.

(2) The local authority and the Forest Department shall install physical barriers and warning signage in identified human-animal conflict zones in such form and manner as may be prescribed.

(3) Public advisories and safety protocols shall be disseminated through signage, community channels, digital platforms and such other forms of communication as may be prescribed.

CHAPTER IV

INCIDENT MANAGEMENT AND HUMAN SAFETY

8. (1) The Central Government shall establish and maintain a 24x7

national toll-free helpline for reporting incidents.

Emergency reporting and response.

(2) Each local authority shall maintain at least one operational animal ambulance and a designated first-response team to respond to stray and wild animal attacks as expeditiously as possible.

(3) All emergency calls involving a threat to human life shall be responded to within two hours in urban areas and six hours in rural areas, to the extent administratively possible.

(4) The national helpline and district response data shall be centrally recorded and reported quarterly to the State Government and the Central Government, in such form and manner as may be prescribed.

Handling of aggressive or dangerous animals.

9. (1) Where any stray or wild animal is reported to pose an imminent danger to human life, the Unit shall ensure the capture of such animal and conduct a medical and behavioural evaluation of such animal within twenty-four hours of such capture by a registered veterinary practitioner in such manner as may be prescribed.

(2) No animal shall be euthanised unless—

(a) in the case of a stray animal, a certification by a registered veterinary practitioner is obtained that the animal is terminally ill orSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 115 ____________________________________________________________________ ____________________________________________________________________ suffering from an incurable condition causing prolonged suffering or where a designated officer, after risk assessment in accordance with the rules made under this Act, certifies that the such animal constitutes a continuing and imminent threat to public safety; and

53 of 1972.

(b) in the case of wild animals, the Chief Wildlife Warden or such other officer authorised under the Wildlife (Protection) Act, 1972, permits such action in accordance with the section 11 of that Act:

Provided that if euthanasia is being resorted to, then it shall be

done in as humane a manner as possible.

(3) Subject to the provisions of sub-section (2), every effort shall be made, wherever feasible to relocate, rehabilitate, or quarantine such animal, as an alternative to euthanasia.

59 of 1960. 53 of 1972.

(4) All actions under this section shall comply with the provisions of the Prevention of Cruelty to Animals Act, 1960, the Wildlife Protection Act, 1972, and the Animal Birth Control Rules, 2023 and any other law in this regard for the time being in force.

Explanation. — For the purposes of this section, —

(a) "euthanasia" means the humane termination of life of an animal by or under the supervision of a registered veterinary practitioner, by such method as may be prescribed.

(b) "imminent threat" means a situation where an animal is likely to cause immediate and serious harm to human life or health, as may be assessed in such manner based on such parameters, as may be prescribed.

CHAPTER V

COMPENSATION AND DATA MANAGEMENT

Compensation Scheme.

10. (1) The Central Government shall, by notification in the official

Gazette, frame a Scheme for payment of compensation to persons

affected by incidents under this Act.

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

shall provide for—

(i) payment of compensation of not less than rupees four lakh

to the next of kin in the event of death of an individual;

45 of 2023.

(ii) payment of compensation ranging from rupees one lakh to

rupees two lakh in cases of grievous hurt as defined under section

116 of the Bhartiya Nyaya Sanhita, 2023 or any other serious

injury resulting in permanent disability, disfigurement, or

prolonged hospitalization as may be certified by a registered

medical practitioner;

(iii) an insurance scheme for individuals residing in high-risk

zones; and

(iv) compensation for damage or loss to property or livestock.

(3) The Scheme referred to in sub-section (1) shall be administered by such authority, not lower in rank than the District Collector, as may be prescribed by the Central Government.

(4) The Central Government shall make rules for the implementation of the Scheme and the determination, procedure, and manner of disbursement of compensation.

11. (1) The Central Government shall establish and maintain a dedicated

digital portal for the collection and tracking of incidents, nationwide.

Central database and reporting.

(2) Every local authority, Unit, shelter home, and veterinary institution or any other entity as may be notified, shall mandatorily record and upload data relating to such incidents to the portal, in such form, manner, and at such intervals as may be prescribed.

(3) The Central Government shall publish an annual report based on such data referred to in sub-section (2) and upload the same on the dedicated digital portal for public access.

CHAPTER VI

COMMUNITY AWARENESS AND CAPACITY BUILDING

12. (1) The appropriate Governments shall organise regular public

awareness campaigns on safe coexistence and human-animal conflict

prevention.

Public awareness and education programmes.

(2) The National Council of Educational Research and Training (NCERT) and other relevant institutions shall develop age-appropriate modules on human-animal conflict prevention for inclusion in the curricula and training programmes of all educational institutions.

Capacity building programmes.

13. (1) The appropriate Government shall organise and conduct regular

training programmes for officers and organisations engaged in the

implementation of this Act.

(2) The Central Government shall prescribe model guidelines and training modules for such programmes.

CHAPTER VII

FUNDING AND PENALTIES

Establishment of the Stray and Wild Animal Victim Compensation Fund.

14. (1) The appropriate Government shall, by notification in the official

Gazette, establish a fund to be called the "Stray and Wild Animal

Victim Compensation Fund" for the purpose of providing

compensation to victims of attacks by stray and wild animals, including

in cases of injury, disability, or death, as provided under section 10.

(2) The Fund shall be financed through equal contributions made by the following, namely—

(a) grants or allocations by the Central Government, from

time to time, after due appropriation made by Parliament by law in

this behalf;

(b) grants or allocations by the State Government, from time to time, after due appropriation made by the State Legislature by law in this behalf; and

(c) the local authority having jurisdiction over the area where the

incident occurred.

(3) There shall also be credited to the Fund the following, namely: —

(a) the amount of fines collected by way of imposition of

penalties under sections 15 and 16; and

18 of 2013.

(b) moneys received by way of voluntary donations from persons or companies or corporate entities as part of their Corporate Social Responsibility obligations under section 35 of the Companies Act, 2013.

(4) The Fund shall be utilized for providing financial assistance or compensation in the event of—

(a) physical injury resulting from an attack by a stray or wild

animal;

(b) permanent disability or disfigurement caused by such an

attack;

(c) death caused due to such an attack, in which case compensation shall be payable to the legal heirs or dependents of the deceased; and

(d) such other losses as may be notified by the appropriate

Government through rules.

(5) The Fund shall be administered and managed by the appropriate Government and disbursed through such authority as referred to in sub- section (3) of section 10, in coordination with the concerned local authorities.

(6) The appropriate Government shall frame detailed guidelines, including eligibility conditions, assessment procedures, timelines for disbursal, grievance redressal mechanisms, and auditing provisions, for the effective and transparent administration of the Fund.

(7) The local authority shall be responsible for—

(a) initial verification and documentation of claims within its

jurisdiction;

(b) submission of verified claims and reports to the appropriate

Government for final sanction; and

(c) maintaining local records of all such incidents and

compensations disbursed.

(8) The appropriate Government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts of the Fund in such form and manner and at such time of each financial year as may be prescribed.

(9) The accounts of the Fund shall be audited and certified by the Comptroller and Auditor General of India or by any other person appointed by him in this behalf at such intervals and shall be laid annually, as the case may be, before each House of Parliament or before the State Legislature, where it consists of one House and before each House of the State Legislature, where it consists of two Houses.

(10) The Central Government may issue model guidelines for the uniform implementation of this provision across States and Union territories, without prejudice to the autonomy of appropriate Government in the administration of the Fund.

Penalty and liability for negligence in prevention of animal attacks.

15. (1) Where any local authority or any official authorised by it fails to take reasonable preventive measures to regulate, control, or manage stray or wild animals within its jurisdiction, resulting in an increase in animal attacks causing injury, harm, or threat to public safety, such local authority or the authorised official, as the case may be, shall be liable to penalty in accordance with sub-section (2).

(2) Without prejudice to the generality of sub-section (1), the designated officer or person-in-charge of animal control in the local authority shall, upon the first offence, be liable to:

(a) a fine which shall not be less than fifty thousand rupees but

may extend to two lakh rupees; and118 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ (b) mandatory suspension from duty for a minimum period of

thirty days or until completion of the inquiry, whichever is longer.

(3) In the case of a second or subsequent offence, such officer shall be liable to,—

(a) imprisonment for a term which may extend to six months; or

(b) fine not less than two lakh rupees; and

(c) disqualification from holding any public office or administrative post related to urban governance or animal control for a period of five years.

(4) The liability under this section shall be without prejudice to any civil or criminal liability under any other law for the time being in force.

(5) The Central Government may prescribe, by rules, the manner of determination of responsibility, inquiry procedures, and additional safeguards for enforcement under this section.

Penalties and

enforcement.

16. (1) Any person who obstructs any officer or person authorised under this Act in the lawful discharge of their duties shall be punishable with,—

(a) fine which may extend to ten thousand rupees; or

(b) imprisonment for a term which may extend to one month; or

(c) both.

(2) In the event of a subsequent conviction, the offender shall be punishable with fine of not less than fifteen thousand rupees or with imprisonment which may extend to three months, or with both.

Application of

17. (1) The provisions of this Act shall be in addition to, and not in derogation

other laws.

of, the provisions of any other law for the time being in force.

53 of 1972.

59 of 1960.

(2) Notwithstanding anything contained in sub-section (1), in the event of any conflict or inconsistency between the provisions of this Act and any other law, including the Wildlife (Protection) Act, 1972 and the Prevention of Cruelty to Animals Act, 1960, the provisions of this Act related to the establishment of Units emergency reporting and response mechanisms, victim compensation, and data management shall prevail.

18. (1) The appropriate Government may, by notification in the Official

Power to make rules.

Gazette, make rules for carrying out the provisions of this Act.

(2) Every rule made by the Central Government 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.

(3) Every rule made by the State Government or the Union territory Government with Legislature, as the case may be, under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature or the Union territory Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House.

Power to remove difficulties.

19. (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 orders shall be made after the expiry of the

period of two years from the date of commencement of this Act.

(2) Every order under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

STATEMENT OF OBJECTS AND REASONS

India faces a growing challenge at the intersection of public safety and animal welfare. Official data highlights the scale of this issue, with over 3.04 million dog bite cases reported in 2023 leading to at least 286 deaths. In 2024, approximately 2.2 million dog bite cases and 48 rabies fatalities were recorded, alongside over 500,000 incidents involving other animals. These attacks are frequent in populated areas, leading to avoidable injuries, deaths, and public fear. Independent surveys suggest that the true burden is much higher, with estimates of 9.1 million animal bite incidents annually. India accounts for nearly 36 per cent. of the world's rabies fatalities.

Currently, India lacks a dedicated legal framework to holistically manage animal attacks on humans. Existing laws like the Prevention of Cruelty to Animals Act, 1960, and the Wildlife Protection Act, 1972, are vital for animal rights but do not provide for coordinated emergency response, victim compensation, or scientific population management, leading to administrative confusion.

This Bill seeks to address this critical gap by balancing the constitutional right to life guaranteed to the citizens of the country under Article 21 of the Constitution with compassion for living beings. It proposes a humane and evidence-based framework by:

• Establishing district-level Stray and Wild Animal Response Units for

coordinated action.

• Mandating a 24x7 national emergency helpline, time-bound response

protocols, and a victim compensation scheme.

• Strengthening preventive measures through systematic animal birth

control, vaccination, and a central digital database.

• Introducing structured public awareness campaigns, educational

modules, and capacity-building programmes.

• Creating a dedicated Stray and Wild Animal Victim Compensation Fund supported by governmental allocations, contributions by local authorities, amount of fines imposed by way of penalties provided under the Bill, CSR, and public donations.

This legislation offers a forward-looking solution, recognising that protecting human lives and ensuring animal welfare are shared societal obligations. It also aligns with global public health goals, such as the WHO's target to eliminate dog- mediated rabies by 2030.

Hence, the Bill.

ASHOK KUMAR MITTAL.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the establishment of Stray and Wild Animal Response Units in every district of the country, which shall function as nodal bodies for the prevention and coordinated response to animal attack incidents, and shall consist of veterinary professionals, officials from Forest, Health, Police Departments, and representatives from Animal Welfare Organisations, the composition of the Units and the salaries and allowances and other service conditions of the Chairperson and Members thereof. Clause 4 provides for the appointment of the officers and staff of the Unit and their salaries and allowances and other service conditions. Clause 8 mandates the establishment of a 24x7 national toll-free emergency helpline for reporting incidents of stray and wild animal attacks. Clause 10 provides that the Central Government shall frame a Scheme for payment of compensation to persons affected by stray and wild animal attacks, including provisions for compensation in cases of death, permanent disability, serious injury, or property loss. Clause 11 empowers the Central Government to establish a dedicated digital portal for real-time reporting and national-level data aggregation of incidents. Clause 12 provides that the appropriate Government shall organise regular public awareness campaigns on safe coexistence and conflict prevention, whereas, sub-clause (1) of Clause 13 provides for the organization and conduct of regular training programmes for officers and organisations engaged in the implementation of this Act. Clause 14 provides for the establishment of a "Stray and Wild Animal Victim Compensation Fund" with contributions from the Central Government, State Governments, local authorities, CSR and public donations etc. to be used exclusively for compensation and welfare measures under this Act.

The Bill, if enacted, will involve expenditure, both of recurring and non- recurring nature, from the Consolidated Fund of India. It is estimated that a recurring expenditure of approximately one hundred crore rupees per annum will be involved. A non-recurring expenditure of approximately fifty crore rupees is also likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 18 of the Bill empowers the appropriate Government to make rules to carry out the provisions of the Act. Clause 19 of the Bill empowers the Central Government to make such provisions through an order for removing any difficulty that might arise in giving effect to the provisions of the Bill.

As the rules or orders will relate to matters of administrative and procedural

detail only, the delegation of legislative power is of a normal character.

XVII

Bill No. LII of 2025

A Bill to provide for the constitution of a National Commission for

Men to safeguard the rights and welfare of men, to inquire into

grievances and recommend redressal mechanisms, to review existing

laws and policies affecting men, to promote awareness and

preventive outreach on issues impacting men's

physical, mental and social well-being,

and to ensure institutional support

through legal aid, counselling,

and research, and for matters

connected therewith or

incidental thereto.

BE it enacted by Parliament in the Seventy-sixth year of the Republic of

India as follows: ―

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the National Commission for Men Act, 2025.

Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

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

(a) "Commission" means the National Commission for Men

constituted under section 3;

(b) "Member" means a Member of the Commission and

includes the Member-Secretary;

(c) "men" means a person of any age, who is biologically male by birth and has not identified himself otherwise in accordance with any law for the time being in force;

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

Act; and

(e) "State Commission" means the State Commission for Men that may be constituted by any State Government under section 13.

CHAPTER II

THE NATIONAL COMMISSION FOR MEN

Constitution of the National Commission for Men.

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

Gazette, constitute a Commission to be known as the National

Commission for Men to exercise the powers conferred on, and to

perform the functions assigned to it under this Act.

(2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

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

Commission may, in consultation with the Central Government,

establish office(s) at such other place(s) in the country, as it may deem

fit, for carrying out the purposes of this Act.

(4) The Commission shall consist of the following Members to be

appointed by the Central Government, in such manner as may be

prescribed, namely, ―

(a) a Chairperson, who shall be a person of eminence in

the field of law, public administration, gender studies, sociology,

psychology, or social work, with at least fifteen years of relevant

experience and committed to the cause of men and gender

equality;

(b) a Vice-Chairperson, possessing qualifications and

experience similar to that of the Chairperson;

(c) five Members, to be appointed from amongst persons

of ability, integrity and standing, having special knowledge of,

and professional experience in, one or more of the following

fields, such as —

(i) law and justice,

(ii) men's rights and welfare,

(iii) mental health and counselling,

(iv) family and child welfare, or

(v) human rights and public policy;

Provided that at least one Member each shall be from amongst

persons belonging to the Scheduled Castes or Scheduled Tribes

respectively.

Provided further that at least one Member shall be from amongst

persons below the age of forty years, at the time of such appointment;

and

(d) a Member-Secretary, who shall be an officer not below

the rank of Joint Secretary to the Government of India,

possessing appropriate administrative experience and

knowledge of the issues pertaining to gender or social justice.

(5) The Commission may, with the prior approval of the Central

Government, co-opt not more than two persons having special

knowledge or practical experience in any relevant field as experts or

consultants, from any relevant field for such period and on such terms

and conditions, as may be prescribed:

Provided that such experts or consultants shall not be entitled to

vote at any meeting of the Commission.

4. (1) The Chairperson, Vice-Chairperson, and every Member of the Commission shall hold office for a term not exceeding three years from the date on which he enters upon his office and shall be eligible for reappointment for a further term not exceeding three years:

Term of office and conditions of service of the Chairperson and Members of the Commission.

Provided that no person shall hold office as Chairperson, Vice-

Chairperson, or Member for more than two consecutive terms.

(2) The salaries and allowances payable to, and other terms and

conditions of service of, the Chairperson, Vice-Chairperson, and

Members as well as remuneration payable to experts and consultants co-

opted to the Commission, shall be such as may be prescribed by rules

made under this Act:

Provided that until such rules are made in this behalf, they shall

be entitled to such remuneration and benefits as are admissible to

persons holding equivalent post in the Central Government.

(3) Notwithstanding anything contained in sub-section (1), the Chairperson, Vice-Chairperson, or any Member other than the Member-Secretary, appointed under clause (d) of sub-section (4) of section 3 may resign from his office by giving a notice in writing under his hand addressed to the Central Government, and such resignation shall take effect from the date on which it is accepted;

(4) Notwithstanding anything contained in sub-section (1), a person shall be disqualified for being appointed as, or for continuing as the Chairperson, Vice-Chairperson, or a Member, other than the Member-Secretary, appointed under clause (d) of sub-section (4) of section 3, if such person―

(a) is adjudged an undischarged insolvent;

(b) gets convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude;

(c) has engaged, during his term of office, in any paid

employment or activity outside the duties of his office;

(d) has, in the opinion of the Central Government, become unfit

to continue in office by reason of infirmity of mind or body;

(e) has, in the opinion of the Central Government, so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the public interest; or

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

affect prejudicially his functions as a Member;

(g) refuses to act or becomes incapable of acting; or

(h) is so disqualified by or under any law for the time being in

force:

and the Central Government may, by order, remove from office, the Chairperson, Vice-Chairperson, or any Member, other than the Member- Secretary, appointed under clause (d) of sub-section (4) of section 3, in any of the above cases.

Provided that no person shall be disqualified or removed under this sub-section e unless such person has been given a reasonable opportunity of being heard.

Provided further that a person disqualified or removed under this

sub-section shall forthwith cease to hold office.

(5) Any vacancy caused under this section or otherwise shall be filled by fresh appointment within a period of six months from the date on which such vacancy occurs.

5. (1) The Central Government shall provide the Commission with such

officers and other employees to the Commission, as may be necessary for

the efficient performance of its functions under this Act;

Officers and other employees of the Commission.

(2) The method of recruitment, salaries and allowances payable to, and

the other terms and conditions of service of, the officers and other

employees, so appointed for the purposes of the Commission shall be

such as may be prescribed.

6. No act or proceeding of the Commission shall be questioned or shall be

invalidated on the ground merely by reason of, –

(a)any vacancy in, or any defect in the constitution of, the

Commission; or

Vacancies, etc., not to invalidate proceedings of the Commission.

(b)any defect in the appointment of a person as Chairperson

or Member of the Commission; or

(c) any irregularity in the procedure of the Commission not

affecting the merits of the case.

Committees of the Commission.

7. (1) The Commission may appoint such Committees as may be necessary for dealing with such special issues as may be taken up by the Commission from time to time.

(2) The Commission shall have the power to co-opt as members of any Committee appointed under sub-section (1) such number of persons, who are not 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.

(3) The persons so co-opted shall be entitled to receive such allowances

for attending the meetings of the Committee as may be prescribed.

8. (1) The Commission or a Committee thereof shall meet as and when necessary and shall meet at such time and place as the Chairperson may think fit.

Procedure to be regulated by the Commission.

(2) The Commission shall regulate its own procedure and the procedure of the Committees thereof.

(3) All orders and decisions of the Commission shall be authenticated by the Member-Secretary or any other officer of the Commission duly authorised by the Member-Secretary in this behalf.

CHAPTER III

FUNCTIONS OF THE COMMISSION

9. (1) The Commission shall perform all or any of the following functions,

Functions of the Commission.

namely—

(a) to investigate and examine all matters relating to ―

(i) violation or deprivation of rights of men and safeguards provided to them under the Constitution or any other law for the time being in force; and

(ii) misuse or abuse of laws resulting in harassment, victimisation, or mental distress to men, including false or malicious prosecution in family and criminal law matters;

(b) to study and recommend reforms in laws, rules, and policies that disproportionately or unjustly affect men, with a view to ensuring equitable access to justice;

(c) to promote awareness and sensitisation regarding the rights, mental health, and social challenges of men, especially in relation to family disputes, workplace stress, and societal expectations;

(d) to assist men in distress by providing legal aid,

counselling, or rehabilitation services, directly or in

coordination with legal services authorities, mental health

professionals, or non-governmental organisations;

(e) to undertake or sponsor research, studies, and data

collection on issues specifically affecting men, including but not

limited to male suicide rates, health disparities, unemployment,

custodial rights, and domestic abuse;

(f) to review the safeguards provided to men under the Constitution and other laws, and recommend measures for their effective implementation;

(g) to inspect or visit, either independently or in association with other authorities, any jail, shelter home, mental health institution, or rehabilitation centre housing male inmates or patients, and to make recommendations for ensuring humane and dignified treatment;

(h) to advise the Central Government on the planning, formulation, and implementation of social welfare schemes and affirmative action policies concerning men, boys, and male adolescents;

(i) to coordinate with State Governments, State Commissions, if constituted in future, and other bodies working for men's welfare, to ensure policy coherence and effective grievance redressal;

(j) to present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of the Commission and the safeguards provided for men under the Constitution and other laws including therein recommendations for the effective implementation of those safeguards and reforms in laws, rules and policies for improving the conditions of men by the Central Government or any State Government; and128 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ (k) to perform such other functions as may be prescribed or as may be necessary to carry out the provisions of this Act or may be referred to it by the Central Government;

(2) The Central Government shall cause all the reports referred to in clause (j) of sub-section (1) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any of any of such recommendations;

(3) Where any such report or any part thereof relates to any matter with which any State Government is concerned, the Commission shall forward a copy of such report or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.

10. (1) The Commission shall, in consultation with the appropriate authorities and institutions, develop and promote educational programmes and awareness campaigns aimed at—

Educational and preventive outreach functions.

(a) fostering gender sensitivity and mutual respect among boys

and young men in schools, colleges, and Universities;

(b) promoting the values of healthy masculinity, emotional

intelligence, mental well-being, and non-violence;and

(c) raising awareness on issues such as lawful conduct in relationships, consent, responsibility in family life, and respect for diversity.

(2) For the purpose of sub-section (1), the Commission shall coordinate with—

(a) the Central Board of Secondary Education (CBSE);

(b) the National Council of Educational Research and Training

(NCERT);

(c) the University Grants Commission (UGC);

(d) State Education Boards; and

(e) such other academic or skill development bodies, as may

be prescribed;

(3) The Commission may recommend the inclusion of suitable modules, workshops, or resource materials on men's rights, mental health, legal awareness, and gender equality in school and university curricula.

(4) The Commission shall also facilitate community-level outreach programmes, youth camps, and media campaigns to sensitise the public on issues affecting boys and men, with special focus on rural and underserved areas.

5 of 1908.

11. The Commission shall, while inquiring into any matter referred to it under this Act, have the powers of a civil court under the Code of Civil Procedure, 1908 while trying a suit and in particular, in respect of the following –

Commission to have powers of a civil court .

(a) summoning and enforcing the attendance of witnesses or

any person from any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(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.

12. (1) Nothing anything contained in this Act shall be construed as limiting or affecting the rights and protections accorded to women under the Constitution or any other law for the time being in force.

Safeguard to protect the rights of women.

(2) The Commission shall not intervene in or pronounce upon any complaint or matter in which a woman is the complainant, unless—

(a) the competent court of law has, by a final and binding judgment, declared the complaint to be false, malicious, or an abuse of legal process; or

(b) the competent authority under any law has, after due

inquiry, recorded a finding to that effect.

(3) In cases involving cross-allegations by both parties, the Commission may render assistance to the male complainant only to the extent that such assistance does not impede or undermine the legal process being pursued by the woman complainant.

(4) The Commission shall ensure that all actions taken in furtherance of its functions are in conformity with the principles of equality, non- discrimination, and gender justice.

Constitution of State Commissions for Men.

13. (1) Any State Government may, if it deems necessary, by notification in the Official Gazette, constitute a body to be known as the ––––––(name of the State) Commission for Men, to exercise such powers and carry out such functions within the State as may be prescribed by the State Government or as may be assigned to it under any State Act and to perform such other functions in coordination with the Commission, as may be delegated to it by the Central Government.

(2) The composition of the State Commission, the qualifications and experience, term of office, salary and allowances of the Chairperson and Members of the State Commission as well as the regulation of its procedure shall be such as may be prescribed by the respective State Government.

(3) The State Commission shall, at such intervals and in such form and manner, as may be prescribed, submit periodic reports to the Commission and to the respective State Government, on matters within its jurisdiction and the State Government, shall cause such reports to be laid, as soon as may be after they are received, before both Houses of the State Legislature, where it consists of two Houses, or where such Legislature consists of one House, before that House.

Separate Grants for Salary and Functional Expenditure 14. (1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission, by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act:

Provided that the Commission may spend such sums as it thinks

fit for performing the functions assigned to it under this Act and such

sums shall be treated as expenditure payable out of the grants referred

to in sub-section (1).

(2) Notwithstanding anything contained in this Act, the expenditure

towards salaries, allowances, and pensions payable to the Chairperson,

Vice-Chairperson, Members, officers, and other employees of the

Commission shall be met from a separate head of account under the

Union Budget, as may be specified by the Central Government in this

behalf, and shall not form part of the grants-in-aid provided by the

Central Government for the discharge of the functions of the

Commission under sub-section (1).

(3) The Commission shall maintain separate accounts for each such grant received under sub-section (1) and each such expenditure referred to in sub- section (2) and shall utilize the same only for the purposes for which they are allocated, subject to audit and oversight as prescribed.

Accounts and audit.

15. (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission 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 any of the offices of the Commission;

(4) The accounts of the Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission.

Annual report.

16. The Commission shall prepare, in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government.

Annual report and audit report to be laid before Parliament.

17. The Central Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Central Government, and the reasons for the non- acceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received, before each House of Parliament.

CHAPTER IV

MISCELLANEOUS

45 of 2023.

18. The Chairperson, the Vice-Chairperson, the Members, officers and other employees of the Commission shall be deemed to be public servants within the meaning of sub-section (2) of section 28 of the Bharatiya Nyaya Sanhita.

19. The Central Government shall consult the Commission on all major policy

matters affecting men.

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

make rules for carrying out the provisions of this Act.

Chairperson, Members, officers and other employees of the Commission to be public servants. Central Government to consult Commission. Power to make rules and regulations.

(2) The Commission may, with the approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for allSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 131 ____________________________________________________________________ ____________________________________________________________________ matters for which provision is necessary or expedient for the purposes of implementing the provisions of this Act.

(3) Every rule made by the Central Government and every regulation made by the Commission 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 the 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 to remove difficulties.

21. (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 orders shall be made after the expiry of the

period of two years from the date of commencement of this Act.

(2) Every order under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Act not in derogation of any other law.

22. 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 and, in case of any inconsistency, the provisions of this Act shall have over riding effect on the provisions of any such law to the extent of the inconsistency.

STATEMENT OF OBJECTS AND REASONS

The Constitution of India guarantees equality before the law and equal protection of the laws to all persons. While women have historically faced, and continue to face, deep-rooted discrimination and violence—which justifies the existence of a robust institutional framework for their protection—recent socio-legal trends and empirical data highlight those men too are increasingly experiencing challenges that warrant dedicated institutional attention.

Numerous studies, public interest litigations, and judicial pronouncements have drawn attention to the rising instances of false accusations under matrimonial and gender-specific laws, including the misuse of Section 85 of the Bharatiya Nyaya Sanhita, 2023 (earlier Section 498A of the Indian Penal Code) and provisions under domestic violence laws. While the Hon'ble Supreme Court has acknowledged such misuse and issued procedural safeguards, there remains no statutory authority to offer institutional support to falsely accused men, many of whom suffer from social stigma, mental trauma, and unjust incarceration.

A petition filed in recent years brought forth compelling data, citing the 2021 National Crime Records Bureau (NCRB) figures: out of 1,64,033 total suicides, 81,063 were committed by married men, compared to 28,680 by married women. The petition also noted that 33 per cent. of male suicides were linked to family-related issues, and 4.8 per cent. specifically to marital stress. These figures reflect an alarming mental health and societal crisis that remains unaddressed in national policy.

The petition further highlighted the absence of any mechanism for addressing domestic violence against men, despite the growing number of cases involving psychological abuse, physical harm, and marital breakdowns affecting men's well- being. The petitioner sought the creation of a National Commission for Men, analogous to the National Commission for Women, and requested the formulation of guidelines for police stations to accept complaints of domestic abuse from men and refer them to the State Human Rights Commissions or other competent forums. It was also urged that the Law Commission of India be tasked with studying the legal and psychological effects of marital distress and suicides among men, with a view to recommending structural reform.

Additionally, the petition urged the National Human Rights Commission (NHRC) to accept and act on complaints submitted by men experiencing domestic violence or family-related stress. Despite the rising demand and genuine public concern, the lack of a statutory framework has led to judicial reluctance to intervene, with courts consistently noting that the creation of such a body lies within the legislative domain.

Various scholars, legal experts, and civil society organisations have supported the view that gender justice must be inclusive, and that the presence of institutions like the National Commission for Women must not negate or overshadow the legitimate needs of men—particularly in the spheres of family law, custody disputes, workplace harassment, and mental health.

Therefore, it is proposed to establish a National Commission for Men, a statutory body entrusted with powers to investigate complaints, recommend legal and policy reforms, coordinate with State authorities, conduct awareness campaigns, and provide institutional support through legal aid, mental health counselling, and research. The Commission shall also maintain full respect for women's rights and will intervene only in matters where a competent court or authority has determined that a complaint made by a woman was false, malicious, or an abuse of process.

The Bill provides for the constitution of the Commission, including its structure, powers, and functions; grants the Commission quasi-judicial powers akin to a civil court; and mandates the creation of State Commissions for Men. It also ensures financial transparency, with separate allocations for salary and functional expenditure, audited by the Comptroller and Auditor General, and annual reporting to Parliament. It further provides for preventive and educational outreach, promoting healthySec-2] THE GAZETTE OF INDIA EXTRAORDINARY 133 ____________________________________________________________________ ____________________________________________________________________ masculinity, lawful conduct, emotional resilience, and gender equality through collaboration with bodies like CBSE, NCERT, UGC, and other stakeholders.

This Bill seeks to institutionalise a gender-balanced and constitutionally sound framework for the recognition, protection, and empowerment of men and boys in India, thereby ensuring justice for all genders without in any way diluting or compromising the rights and protections guaranteed to women under law.

Hence, this Bill.

ASHOK KUMAR MITTAL.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the constitution of the National Commission for Men, which shall consist of a Chairperson, a Vice-Chairperson, five Members, and a Member-Secretary. Clause 4 provides for the tenure, salary and allowances and other service conditions of the Chairperson, Vice-Chairperson and Members as well as the remuneration to experts and consultants appointed to the Commission. Clause 5 empowers the Central Government to appoint officers and staff necessary for the functioning of the Commission and provide for their salaries and allowances and other service conditions. Clause 7 provides for allowances to persons co- opted to the Commission for attending meetings thereof. Clause 9 lays down the functions of the Commission, which inter-alia, include providing legal aid, counselling, or rehabilitation services to men in distress directly or in coordination with legal services authorities, mental health professionals, or non-governmental organisations and undertaking or sponsor research, studies, and data collection on issues specifically affecting men. Clause 14 provides that the Central Government shall provide adequate funds to the Commission to be utilised for the purposes of the Bill and mandates a separate budgetary head under the Union Budget for meeting the expenditure incurred on salaries, allowances and pensions of the Chairperson, Vice-Chairperson, Members, officers and other employees of the Commission.

The Bill, if enacted, would involve expenditure, both of recurring and non- recurring nature, from the Consolidated Fund of India. It is estimated that a recurring expenditure of approximately rupees one hundred crore per annum will be involved. A non-recurring expenditure of about rupees two hundred crore is also likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 20 of the Bill empowers the Central Government to make rules and the National Commission for Men to make regulations to carry out the provisions of the Act. Clause 21 empowers the Central Government to make such provisions through an order for removing any difficulty that might arise in giving effect to the provisions of the Bill.

As the rules or regulations or orders will relate to matters of procedural and administrative detail only, the delegation of legislative power is of a normal character.

XVIII

Bill No.XXVII of 2025

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India as follows:–

1. (1) This Act may be called the Constitution (Amendment) Act, 2025.

Short title and commencement.

(2) It shall come into force at once.

2. In article 19 of the Constitution,

Amendment of article 19.

(1) in clause (1), after sub-clause (g), the following sub-

clause shall be inserted, namely:—

"(h) to access internet, telephonic and digital

communication, mass media and newspapers."

(2) in clause (2), after the words, "sub-clause (a)" the words

"and sub-clause (h)", shall be inserted.

STATEMENT OF OBJECTS AND REASONS

The guarantee to access to the means of communication is essential to preserve the rights of freedom of speech and expression guaranteed by the Constitution. There are many parts in the country where internet and other means of communication are difficult to avail and even in many well- connected cities there are individuals who are unable to access these means of communication.

In order to be a true democracy, there is a need to ensure that people are

able to voice their opinions and concerns.

The Bill proposes to make the right to access means of communication

as part of the fundamental rights of the citizen.

The proposed legislation, hence, is required to ensure right to freedom

which is essential for a fruitful life.

The Bill seeks to achieve this objective.

V. SIVADASAN.

XIX

Bill No. XXIII of 2025

A Bill further to amend the Wild Life (Protection) Act, 1972.

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

1. (1) This Act may be called the Wild Life (Protection) Amendment Bill, 2025.

Short title and commencement.

(2) It shall come into force at once.

Amendment of section 11.

53 of 1972. 2. In section 11 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the principal Act), in clause (1), in sub-clause (a), the first and second provisos and the Explanation shall be omitted.

3. For section 62 of the principal Act, the following shall be substituted,

Substitution of section 62.

namely:—

Declaration of certain wild animals to be vermin.

"The Central Government may, on the recommendations of the State Government, by notification, declare any wild animal specified in Schedule I and II to be vermin for any area and for such period as may be specified therein; and so long as such notification is in force, such wild animal shall be deemed not to be included in Schedule I or Schedule II, as the case may be, for such area and for such period as may be specified in the notification."140 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

The number of attacks on human beings by wild animals is increasing exponentially. The existing Wild Life Protection Act with its extremely rigid provisions has made the removal of dangerous wild animals an impossibility. The amendments to the act in 2002 have further increased its rigidity resulting in a situation in which the Wild Life wardens are unable to act to protect human lives. There is an urgent need to correct this anomaly.

The extreme diversity of India also demands decentralisation in forest management practices and the States should be given the power to decide upon the declaration of any animal as vermin if it becomes a threat to human life, livelihood and property.

Hence, this Bill.

V. SIVADASAN.

XX

Bill No. XLI of 2025

A Bill to guarantee free access to libraries within the country to all citizens in

a non-discriminatory manner and develop and maintain a comprehensive public

library system within the country to cater to the general

and specialised needs of the members of the community

and for matters connected therewith and

incidental thereto.

WHEREAS, it is necessary to guarantee equitable access to reading infrastructure for all citizens, above and beyond educational facilities, to empower all citizens by providing life-long learning resources to support creativity, innovation, research and development, allowing them to satisfy intellectual curiosities for self-improvement and social progress to drive the sustenance of Indian democracy;

AND WHEREAS, a public library, in particular, a physical public library space that is freely accessible to all citizens, as the living force for education, culture and information, is an indispensable institution to achieve the above-mentioned multi-faceted and interconnected objectives;

AND WHEREAS, large sections of the citizens in the country, oppressed historically by caste as well as by other intersecting inequalities, have been excluded from resources and opportunities for reading, education, life-long self- improvement and self-expression as also opportunities to be connected in a community cutting across identities, and establishment of a public library institution can play a crucial role in challenging such historic exclusion and inhumane division of society as well as promote research, innovation, and economic progress;

AND WHEREAS, several States have varying public library systems without any common definition of a public library or interconnection between such public libraries, it is desirable to provide a common minimum framework for establishment and operation of an extensive and expansive public library system across the country that is responsive to the evolving needs of the public, while ensuring a degree of autonomy to the States in establishing their own public library institutions;

AND WHEREAS, the current support provided by the Union as well as the State Governments for existing libraries in the country and respective States, needs to be augmented to support the aspirations of the public, especially in providing financial support, permanent library staff, dynamically tracking changes in reading habits and pertinent transformations in the culture of the society in the wake of technological changes, maintaining and publishing official statistics on libraries, and enabling an equitable and freely accessible system of exchange of library services with libraries, both within and outside India.

BE it enacted by the Parliament in the Seventy-sixth Year of the Republic of

India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Right to Read Act, 2025.

Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

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

(a) "aided library" means libraries receiving grant-in-aid from the appropriate Government/ local authority according to prescribed rules and includes libraries receiving aid in the form of subsidised access to resources including land, books, other library services of institutions which are established or maintained or run directly or indirectly, or funded wholly or partially by the appropriate Government or by any local authority.

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

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

(c) "citizen" means any person living within the territory of India with Indian citizenship according to the laws in this regard for the time being in force;

(d) "District Authority" means the authority of a revenue District;

(e) "extension service" means activities pertaining to preservation and promotion of cultural heritage and includes activities which seek to encourage the intellectual, literary, historic, scientific and social scientific character of the community;

(f) "government public library" means all public libraries that are funded wholly, whether directly or indirectly, and/or entirely controlled by the local authority or the appropriate Government or any one of its authorities or institutions;

(g) "library" means any centre within the territory of India, whether virtual or physical, which maintains a collection of books or permits deposit of books, and provides library service or extension service, and includes a mobile library/ library-on-wheels;

(h) "Library Fund" means the State Public Library Fund constituted

under section 16;

(i) "library service" means and includes providing reading facilities and lending out books to the users and/ or assisting the users to procure a book including providing relevant information to them to enable them to know, locate and consult books and other materials and to secure from such books and materials information relevant to their purpose;

(j) "local authority" means a Municipal Corporation or Municipal Council or Zila Parishad or Nagar Panchayat or Gram Panchayat, by whatever name called and includes such other authority or body having administrative control or empowered by, or under any law for the time being in force, to function as a local authority in any city, town or village;

(k) "outlier library" means any library that is not a part of the public

library system;

(l) "public library" means any library established or maintained or run directly or indirectly, or funded wholly or partially by the appropriate Government or by any local authority, and includes

(i) an aided library; and/or

(ii) any library that is notified by the appropriate Government

as per rules prescribed, as a public library.

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

(n) "public library system" means an organic interlinking of all libraries in the country into a network to facilitate library and/ or extension services in a systematic and organised manner; and

Explanation.- All public libraries within the State shall

automatically be considered part of the public library system.

CHAPTER II

RIGHT OF FREE ACCESS TO PUBLIC LIBRARIES AND LIBRARY SERVICES

3. Notwithstanding anything contrary contained in any other law for the time

being in force –

Right to free and inclusive libraries.

(1) Every citizen shall have the right of free access to a public

library and its services in a non-discriminatory manner.

Explanation 1.- No public library shall charge from any citizen,

any kind of fee or charges or expenses in any form such as

registration fee, membership fees, security deposit or maintenance

fees, or otherwise in lieu of such right of access.

Explanation 2.- No public library shall practice any kind of segregation in giving access to its library services on the grounds of caste, gender, class and/or income group, disability, sexuality, religion, ethnicity, age, race or any other identity, meaning thereby that every citizen shall have the right to access the library and its library services and/ or extension services in a non-discriminatory and integrated manner:

Provided that, nothing stated in Explanation 2 shall preclude a

public library from holding special library services / programs for:

(a) women and/ or children for their educational, social or

personal development;

(b) serving the cultural and educational needs of minorities

to conserve their language, script, or culture; or

(c) serving the cultural and educational needs of socially

and/or economically disadvantaged communities.

(2) Every citizen shall have the right to be a member of any public library situated anywhere within the territory of India.

(3) Every citizen shall have the right to a public library within reasonable distance from their place of ordinary residence.

Membership

criteria not to be

onerous.

4. No citizen shall be required to provide any documentation in order to become a member of or enjoy free access to a public library and its services, other than documentation that allows the public library to reasonably identify and contact the user:

Provided that, no citizen shall be denied access to a public library and its services which are provided within the physical premises of such library, only on the ground that such documentation has not been furnished.

CHAPTER III

POWERS AND RESPONSIBILITIES OF THE STATE GOVERNMENTS

State

5. Every State Government, and where the context otherwise requires, the local

enforcement

authority, shall –

mechanism.

(1) formulate a State Public Library Policy for application to its own State, which shall provide for all aspects necessary to support the establishment of public library institutions within the State, and shall include, but may not be limited to the following –

(a) establishment of library institutions to contribute to the personal development and improvement of social opportunities of the citizens, which shall include, but may not be limited to the following –

(i) making knowledge and information available;

(ii) providing opportunities for development and

education;

(iii) promoting reading and introducing first-generation

or first-time readers to literature;

(iv) organizing meetings and debates; and

(v) providing opportunities for exploration,

preservation and promotion of art and culture;

(b) establishment of a networked public library system such that the resources and services of each public library within the State may be accessible to all citizens from any public library within the State and maintain a regularly updated database of all libraries including outlier libraries within the State and separately for those which are part of the public library system, along with the resources and facilities available therein, in such manner as may be prescribed;

(c) establishment of a tiered system of libraries including a State Public Library, along with its regional branches, if any, District Public Library and village/ panchayat level public library, with their own powers, functions and responsibilities for maintaining public library institutions in such manner as may be prescribed;

(d) prescribing standards of library facilities and services of public libraries, depending on the type of library and the needs of the community that the public library serves; and

Explanation - Needs of communities shall include needs of local communities affected by factors such as but not limited to diversity of terrain, extent of accessible road networks and availability of public transport, culture, density of population, and evolving climatic conditions.

(e) developing programs for teaching and training of personnel in library and information science towards building library professionals and researchers in order to meet the needs of public library institutions of the State;

(2) constitute, by notification in the Official Gazette, a State Library Directorate, which shall be a department of the State Government with adequate staff with such salary and allowances and other terms and conditions of service similar to those of other State Government Departments and to be recruited in such manner as may be prescribed;

(3) constitute, by notification in the Official Gazette, a State advisory body, by whatever name called, on matters concerning the management and development of public library system including public library institutions and library and/or extensions services in the State, formulation of policies, including training policies, and programmes in relation to such system and such other matters relating thereto, in such manner as may be prescribed:

Provided that the membership of such a State advisory body shall necessarily include persons having life experience in respect of writing or publishing or promoting literature, science, art and/ or social sciences or having special knowledge of these subjects, eminent scholars, library science experts, representatives of libraries of eminent institutions, representatives from other public libraries, organic intellectuals, eminent journalists, reader members of such public libraries and such other persons, as may be prescribed;

Provided further that, eminence in scholarship or expertise in any of the above matters or subjects shall be determined in a holistic manner and shall not be determined solely by formal modes of recognition and similar signifiers of social capital;

(4) ensure that all government public libraries are staffed with adequately qualified and trained full-time public library employees and lay down the qualifications, the manner of recruitment and other terms and conditions of service for such employees, including rules of reservation for socially and economically disadvantaged sections of the society, which shall be similar to those of the employees of other Government Departments;

(5) prepare and publish, in such form and manner as may be

prescribed, the following reports and/ or plans –

(a) annual, short-term and/or long-term plans for the

development of libraries within the State;

(b) a regularly updated database of all libraries, including outlier libraries, within the State, and separately for those which are part of the public library system, along with the resources and facilities available therein;

(c) descriptive and statistical reports on the working of all

public libraries within the State; and

(6) ensure that all government public libraries are equipped with adequate facilities and provisions for reading materials, entertainment, and audio-visual materials, in physical and digital form, computers and network access with requisite cyber security infrastructure, and adequate seating for free use of their members including special provisions for persons with disabilities.

Autonomy of

State

Governments.

6. Except where stated otherwise in any other provision in this Act, every State Government shall have complete autonomy in developing its own public library policy and establishing, managing and supervising its own public library institutions.

CHAPTER IV

POWERS AND RESPONSIBILITIES OF THE CENTRAL GOVERNMENT

Constitution of a

National level

Advisory Body

to promote a

comprehensive

public library

institution in the

country.

7. (1) The Central Government shall, by notification in the Official

Gazette, establish a national-level advisory body, by whatever name

called, for the purposes of promoting a comprehensive public library

institution in the country, advising various Departments and Ministries

and ensuring necessary coordination amongst them for strengthening

the establishment of a comprehensive public library institution,

including for the purposes of assessing and addressing the general and

special learning needs of the community, enabling access to libraries

situated outside the territory of India, and facilitating a networked

system of public libraries across all States, in such manner as may be

prescribed.

(2) The membership of the national-level advisory body shall comprise:

(a) one representative each to be nominated by each State from

amongst persons having life experience in library activism or

library profession, library science experts, representatives of

libraries of eminent institutions, and representatives from other

public libraries and such other persons, in such manner as may be

prescribed;

(b) five persons to be nominated by the Central Government,

from the fields of art, literature, library activism, library science

research and social work, in such manner as may be prescribed:

Provided that the Chairperson of the body shall be elected by the members annually and every member shall have the right to be elected as the Chairperson;

Provided further that experience in the profession or expertise in any of the above subjects shall be determined in a holistic manner and shall not be determined solely by formal modes of recognition and similar signifiers of social capital.

(3) The term of office, the salary and allowances payable to and other

terms and conditions of service of the Chairperson and Members of the

national-level advisory body shall be such as may be prescribed.

Integrated Public Library System.

8. (1) The Central Government shall establish a mechanism to enable

libraries situated within the territory of India to have access to libraries

and services of libraries situated outside the territory of India, whether

on the basis of reciprocity or any international exchange agreements or

otherwise.

(2) The Central Government shall facilitate interlinking of public

library systems across and within the States including providing

necessary technical infrastructure, logistical support and financial

assistance.

Maintenance of library database.

9. (1) The Central Government shall maintain database of all public

libraries in the country and ensure that the database is updated on an

annual basis and is freely accessible to the citizens.

(2) The database maintained under sub-section (1) shall include information regarding the resources available in such libraries, and the library services provided therein.

Annual Report.

10. (1) The Central Government shall prepare and publish an Annual Report on the implementation of the Act, working of public libraries included in the database under section 9 and working of the public libraries established across the States, including therein the audited accounts of State Public Library Funds under section 17, in such form and manner as may be prescribed.

(2) A copy of the Annual Report under sub-section (1) shall be laid before each House of Parliament.

CHAPTER V

POWERS AND RESPONSIBILITIES OF THE APPROPRIATE GOVERNMENT

11. For implementing the provisions of this Act, the appropriate Government

shall––

Notification of libraries as public libraries.

(i) notify any library within its territorial jurisdiction, whether established or maintained or run directly or indirectly or funded wholly or partially by the appropriate library or an aided library or any other library, as deemed fit, as a public library; and

(ii) where the number of public libraries in any area or limits

of neighborhood under its territorial jurisdiction is found

insufficient to meet the needs of the community, establish, by

notification in the Official Gazette, within such area or limits of

neighborhood under its territorial jurisdiction, such number of

free and inclusive public libraries, as per a time-bound action plan

in such manner as may be prescribed:

Provided that any outlier library that is open to the public and ensures free access to its library and extensions services to such public, may apply to the appropriate Government to be notified as a public library, in such form and manner as may be prescribed;

Provided further that the appropriate Government, may out of its own accord or on receipt of such application and after following such due procedure as may be prescribed, notify an outlier library as a public library.

12. (1) A public library notified under section 11 may be required to adhere to

such conditions as may be prescribed;

Autonomy of notified public libraries to remain intact.

Provided that, any condition prescribed under this sub-section shall be limited to enable the appropriate Government to ensure that such notified public library:-

(a) allows free access to the citizens to itself and its services;

(b) is enabled to be integrated into the public library system; and

(c) is not in violation of any provisions of this law or any other

law in force:

Provided further that, any condition prescribed under this sub- section shall not have the effect of requiring such notified public library to give up autonomy in ownership and decision-making of the running of the library, including constitution of management and appointment of staff, nature of library and/or extension services, book collection, mode of acquisition, curriculum, etc.

(2) A public library notified under section 11 shall be entitled to receive funds in such manner and for such purposes as may be prescribed;

Provided that the receiving of funds shall not be subject to the condition that the public library shall have to give up autonomy in ownership and decision-making of the running of the library, including constitution of management and appointment of staff, nature of library and/or extension services, book collection, mode of acquisition, curriculum, etc.

(3) Nothing in this section shall preclude a notified public library from receiving gifts, donations or funds from any other source, including individuals, charities, or Corporate Social Responsibility initiatives, to further enhance their library and/or extension services.

Incubation of public libraries.

13. (1) The appropriate Government shall facilitate development of

libraries into free and inclusive public libraries through an enabling

system of training programmes, guidance notes on establishing libraries,

access to other public libraries within the public library system, access

to eminent library specialists, creating linkages with universities or

colleges offering library and/or information science courses, financial

assistance and such other programmes, as may be prescribed, as part of

such an enabling system.

(2) It shall be open to any library to apply to the appropriate Government for access to such an enabling system as mentioned in sub-section (1), in such form and manner as may be prescribed.

Safeguard against discrimination.

14. Subject to the provisions of this Act, the appropriate Government shall ensure that no public library shall practice any form of discrimination and/ or segregation on the grounds of caste, gender, class and/or income group, disability, sexuality, religion, ethnicity, age, race or any other identity, in provision of its services.

CHAPTER VI

FINANCING AND AUDITING OF ACCOUNTS OF PUBLIC LIBRARIES

Sharing of

financial

responsibilities.

15. (1) The Central Government and the State Governments shall have

concurrent responsibility for providing funds for implementing the

provisions of this Act.

(2) The Central Government shall prepare the estimates of capital and

recurring expenditure for the implementation of the provisions of the

Act.

(3) The Central Government shall provide to the State Governments, as

grants-in-aid of revenues, such percentage of expenditure referred to in

sub-section (2) as it may determine, from time to time, in consultation

with the State Governments.

(4) The State Governments shall, after taking into consideration, the

sums provided by the Central Government and its other resources, be

responsible to provide funds for implementation of the provisions of this

Act.

State Public Library Fund.

16. (1) Every State Government shall constitute a fund, to be called the State Public Library Fund, for establishment of public libraries at the State, District and Village level.

(2) There shall be credited into the Library Fund:-

(a) amounts provided by the State Government, District Authority, and/or local authority for development, improvement and maintenance of public library institutions in the State;

(b) funds received from the Central Government;

(c) any special grant, which the Central or a State Government

may make for any specific purposes;

(d) any amounts diverted from other funds available with the Central or State Government or District Authorities and/or local authority, especially where such funds are earmarked for purposes intrinsically connected to public libraries including education, promotion of science, arts, language, culture, technology, infrastructure and setting up of innovation labs and/or incubation of start-ups;

(e) any amount received as gift, contribution or endowment for the development of public libraries in the State including from public sector enterprises, private sector, philanthropist organisations, foundations or international bodies;

(f) any loans that the State Government, District Authority

or local authority may raise;

(g) any income from investment of the amounts received by the

Library Fund; and

(h) such other sources as may be prescribed.

(3) Notwithstanding anything contained in any other law for the time being in force, the unutilised sums of money, if any, in the Library Fund shall not be diverted for any purposes other than the purposes of achieving the objectives of this Act.

(4) The State Government and or/ local authority, as the case may be, shall make appropriate arrangements to ensure investment of unutilised amounts in the Library Fund to further enhance the functioning of public libraries.

17. (1) The accounts of the Library Fund shall be maintained in the prescribed

form and manner.

Accounts and Audit of Accounts of the Library Fund.

(2) The accounts of the Library Fund shall be audited annually by the Comptroller and Auditor General of India or by any such officer or authority as may be appointed by him in this behalf and a copy of the audit report, as certified by the Comptroller and Auditor General of India or any other person appointed by him, shall be submitted to the State Government in the prescribed manner, who shall cause it to be laid before each House of the State Legislature or the Union territory Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House.

(3) The sanction, allocation and utilization, whether by the Central or State Government or local authority, of all funds, grants, or any other financial arrangements meant for the purposes of establishing public library institutions, shall be made available to the public in real-time in an accessible format, by the appropriate Government and/or local authority, in such manner as may be prescribed.

CHAPTER VII

POWER TO MAKE RULES

18. (1) Subject to the other provisions of this Act, the appropriate Government may, by notification, make rules for carrying out the provisions of this Act.

Power of appropriate Government to make rules.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may be made to provide for all or any of the following matters, namely:—

(a) the eligibility, procedure for application and conditions for

grant-in-aid to aided libraries;

(b) the manner of establishment of a tiered system of libraries along with their constitution, functions and powers under clause (c) of sub-section (1) of section 5;

(c) the manner of constitution of the State Library Directorate, the posts and job descriptions therein, the specific functions of the Directorate and its offices, the strength, qualification, training, manner of appointment, and terms and conditions of service of its staff, including conditions of absorption of existing staff under sub- section (2) of section 5;

(d) the manner of constitution of the State advisory body, membership and designation of members thereof, their term of office, procedure for filling in vacancies, its functions, holding of meetings and the procedure to be observed therein under sub-section (3) of section 5;

(e) the manner of establishment of and nomination of the Chairperson and members of the national-level advisory body, their term of office, the salary and allowances payable to them and their other terms and conditions of service, procedure for filling in vacancies, its functions, holding of meetings and the procedure to be observed therein under section 7;

(f) the manner of establishment of public libraries in any area or limits of neighborhood and the form and manner of application as well as the procedure for notification of an outlier library as a public library under section 11;

(g) the conditions and the manner of grant of funds and the purposes for which such grant is made to a library notified as a public library under section 12;

(h) the form and manner of incubation of public libraries under

section 13;

(i) the sources from which funds may be credited into the

Library Fund under section 16;

(j) the form and manner of maintenance and audit of the accounts of the Library Fund and submission of audit report to the State Government as well as the manner of making available to the general public information pertaining to the sanction, allocation and utilization by the State Government or local authority, of all funds, grants, or any other financial arrangements meant for the purposes of establishing public library institutions under Section 17;

(k) the procedure for establishment of a networked public library system, including the coordination or centralisation of technical work in the public library system of the State and manner of maintenance of database of all libraries in the State under clause (b) of sub-section (1) of section 5,

(l) the form and manner of preparation and publication of annual reports and/or plans on the development and functioning of public libraries under sub-section (5) of section 5; and

(m) any other matter which is to be or may be prescribed under this Act, or is deemed necessary by the appropriate Government to discharge its functions under and implement the provisions of this Act.

Rules made by Central Government to be laid before Parliament.

19. Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of the 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 in which it is so laid or the successive session aforesaid, the House agrees in making any modification in the rules or the House agrees the rules should not be made, they shall thereafter have effect only in such modified form or be no effect, as the case may be, so however, that any such modification or amendment shall be without prejudice to the validity of anything previously done under this rules.

20. Every rule made by the State Government under this Act 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.

Rules made by State Government to be laid before the State Legislature.

Power to remove difficulties.

21. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

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

of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

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

other law for the time being in force.

Act to supplement other laws.

STATEMENT OF OBJECTS AND REASONS

Historians tell us that his insatiable quest for books led Dr. Ambedkar during his New York days, away from Manhattan down to 42nd street on Fifth Avenue in the city. During his stay in New York in the early 1900s, the imposing beaux-arts styled New York Public Library had recently opened its doors, and opened them to all – importantly, including to black people and to women. Historical record shows that Dr. Ambedkar was extremely impressed with the public library. Later, upon learning of the death of Sir Pherozeshah Mehta in Bombay, and the Bombay municipality's plan to prominently erect his statue, Dr. Ambedkar wrote for the Bombay Chronicle, the English-language weekly that Mehta had himself launched in 1910, that the city should build a Public Library and not a statue. Ambedkar is said to have argued in his letter that erecting a public library in Bombay instead of a 'trivial and unbecoming' statue would be more appropriate than wasting resources on statues:

"...It is unfortunate that we have not as yet realized the value of the library as an institution in the growth and advancement of a society. But this is not the place to dilate upon its virtues. That an enlightened public as that of Bombay should have suffered so long to be without an up-to-date public library is nothing short of disgrace and the earlier we make amends for it the better. There are some private libraries in Bombay operating independently by themselves. If these ill-managed concerns be mobilized into one building, built out of the Sir P.M. Mehta memorial fund and called after him, the city of Bombay shall have achieved both these purposes…"

Bombay Chronicle, Tuesday, 28th March, 1916.

No person can be a full participant in political democracy unless they are also a participant in social and educational democracy. The ability to read, to think, and to inquire—these are not mere ornaments of the privileged; they are the instruments by which liberty, equality, and fraternity are made real for all. In the Constitution of India, the framers affirmed the Freedom of Speech and Expression under Article 19(1)(a). They affirmed the Right to Life and Dignity under Article 21. We have the Right to Education under Article 21A. But the exercise of these rights requires certain preconditions. And predominant among them is the availability of institutions where the people—all the people—may access knowledge, culture, and community. That institution is the public library.

It is a proven fact that public libraries serve not only as supportive third space for promoting economic growth, scientific innovation, and social mobility, they are essential elements of great civilizations. A nation cannot truly democratize opportunity without democratizing access to knowledge.

Around the world, public libraries are recognized as essential to democratic life. In many democracies worldwide, public libraries are legally guaranteed, digitally networked, and spatially integrated with other public services. Yet, in India, access to libraries—those most vital of civic institutions for building and sustaining robust democratic societies—remains severely inadequate, unequal, and unguaranteed, let alone developing a country-wide interconnected system of public libraries.

Current data reveals:

• India spends a mere 7 paise per person per year on libraries.

• Many districts lack even one functional library.

• Despite our famous Digital Public Infrastructure, we have no

official statistics on our public library ecosystem.

• Only 4 State Governments have managed to put in place a sustainable financial arrangement for libraries under their purview.

In addition to this historical neglect, today India has among the highest numbers of first-generation learners in the world. It also has vast disparities in access to quality reading material beyond school curricula, particularly in local languages. Although the digital age has opened up new frontiers, it has also exacerbated inequalities: for every smartphone user, there are many who lack digital literacy, stable connectivity, or the resources to participate in the knowledge economy. For those who can afford smartphones and internet, without supportive reading communities of trained librarians and peers, they are as unlikely to take advantage of learning opportunities as those without.

In any country calling itself a democracy, the means of mental uplift must be placed at the disposal of all. Education does not end with the school-leaving certificate, diploma, or a college degree. Nor is learning the sole business of the elite. In the villages of India, in the bastis and chawls of the cities, there are Indians with minds as sharp and souls as hungry for knowledge as any who sit in Parliament or the few of our fellow citizens who have inherited financial and social capital to afford personal libraries. If they are deprived of access to libraries, then they are deprived not only of books—but of opportunity, self-respect, and citizenship itself.

History has shown us what happens when access to knowledge is controlled by the few. Such societies become pyramids of oppression—where those at the top read and rule, and those at the bottom are left to obey in darkness. Importantly, we learn that in such circumstances, even the tiny minority of elites eventually struggle to thrive.

This Bill seeks to demolish that pyramid and replace it with a sphere of

associated living: where all citizens may meet, think, learn, and grow as equals.

As the planet hurtles through the polycrises of climate change, transformations in the global order of power among nations, and financial and trade relations, and the promises and perils of Artificial Intelligence, India as a country is poised to reclaim its lost glory. But this glory will not be served to us on a silver platter. We must mobilize the country's demographic dividend to usher in a long period of abundance. Public Libraries are absolutely central towards meeting this objective. India is already 75 years late, we cannot afford to waste any more time.

It thus follows, that in a democracy premised on justice, equality, and liberty, the right to read is not a luxury—it is a foundational necessity. The right to public libraries must therefore be secured as a fundamental civic right, and their access must therefore necessarily be free, as they are as basic to survival and human life and dignity as food, water, air, clothing and shelter.

Let it be said that in the 76th year of our independence, we remembered what the Constitution demanded: not merely freedom in theory, but equality in practice. By declaring access to public libraries as a legal right, this Parliament would be taking a historic step to ensure that the Republic of India is also a republic of readers.

The objectives of the Bill are fivefold:

• To give legislative form to a fundamental proposition - that the right

to read is intrinsic to the right to be a citizen.

• To give legislative framework to develop a well-funded, decentralised, and inclusive public library network that is professionally staffed, and culturally inclusive and serves as a crucial leveller to fill the gap of public learning environments, community resource centres, quiet civic spaces, and cultural anchors which can nurture, strengthen, and sustain Indian democracy and economy.

• To provide legislative backing to State Government led networks of autonomously run public libraries through which all persons, regardless of their background, have assured access to inclusive, community-based, and resource-rich public libraries, supported through a just and accountable public finance system.

• To mandate the establishment of a national framework for public library infrastructure, with minimum standards to be met by each state and district, including libraries in local languages and formats accessible to persons with disabilities.

• To mandate provision of finances in annual budgets, grants by the Central Government to State Governments and establishment of specific funds to support the development and maintenance of public libraries, particularly in historically underserved and marginalised regions.

• To institutionalise the training and employment of library workers, especially from Scheduled Castes, Scheduled Tribes, and Minority communities, so that the management of knowledge becomes a task of the people themselves.

Hence, this Bill.

V. SIVADASAN.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides that every citizen shall have right of free access to a public library and its services in a non-discriminatory manner and that no citizen shall be liable to pay any kind of fees or charges or expenses in lieu of such right of access.

Clause 7 of the Bill provides for the establishment of a national-level advisory body for promoting a comprehensive public library institution in the country and such other functions as specified and for the membership thereof as well as the salary and allowances payable to and other terms and conditions of service of the Chairperson and Members of the advisory body. Clause 8 provides that the Central Government shall establish a mechanism to enable libraries situated within the territory of India to have access to libraries and services of libraries situated outside the territory of India and to facilitate interlinking of public library systems across and within the States including providing necessary technical infrastructure, logistical support and financial assistance. Clause 9 provides that the Central Government shall maintain a database of all public libraries in the country. Clause 11 provides that the appropriate Government and local authority shall establish such number of free and inclusive public libraries within such area or limits of neighbourhood under its territorial jurisdiction in accordance with a time-bound action plan, where the number of such libraries is found insufficient. Clause 13 provides that the appropriate Government shall facilitate development of libraries into free and inclusive public libraries through an enabling system of training programmes, guidance notes, access to other public libraries within the public library system, access to eminent library specialists, creating linkages with universities or colleges offering library and/or information science courses, financial assistance and such other programmes. Clause 15 provides that the Central Government and the State Government shall make available funds for implementing the provisions of the Bill and that the Central Government shall prepare the estimates of capital and recurring expenditure and provide to the State Governments, as grants-in-aid of revenues, such percentage of expenditure as it may determine from time to time, in consultation with State Governments.

The Bill, therefore, if enacted, will involve expenditure, both of recurring and non-recurring nature, from the Consolidated Fund of India. It is, however, not possible at this stage to estimate the exact quantum of expenditure likely to be involved at this stage.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 18 of the Bill inter alia empowers the Central Government to make rules for carrying out the purposes of the Bill. Clause 21 of the Bill provides that the Central Government may, make such provisions, by order, as may be necessary for removing any difficulty to give effect to the provisions of this Bill.

As the matters in respect of which rules may be made are matters of procedure and administrative detail only, the delegation of legislative power is, therefore, of a normal character.

XXI

Bill No. XXIX of 2025

A Bill further to amend the Motor Vehicles Act, 1988

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:—

1. (1) This Act may be called the Motor Vehicles (Amendment) Act, 2025.

Short Title and commencement.

(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 this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State.

59 of 1988.

Amendment of section 2.

2. In the Motor Vehicles Act, 1988 (hereinafter referred to as the principal Act), in section 2, after clause (7), the following new clause shall be inserted, namely—

" (7A) "dashboard camera" means a video recording device installed on the dashboard, windscreen, or any other suitable location within a motor vehicle, designed to continuously record video footage of the view through the vehicle's front or rear windscreen or the interior of the vehicle, meeting such specifications as may be prescribed by the Central Government, which may include, but not limited to, minimum resolution, storage capacity, tamper-proof design, and shall be capable of operating during the vehicle's use for the purposes of road safety, evidence collection, and ensuring accountability."

3. In section 41 of the principal Act, after sub-section (2), the following new

Amendment of section 41.

sub-section shall be inserted, namely:—

"(2A) No application for the registration of a motor vehicle shall be accepted unless the vehicle is equipped with a functioning dashboard camera installed by the manufacturer in such manner as may be prescribed by the Central Government.".

4. In section 56 of the principal Act, after sub-section (1), the following new

Amendment of section 56.

sub-section shall be inserted, namely:—

"(1A) The installation and proper functioning of a dashboard camera in the manner and as per the standards prescribed by the Central Government shall be a mandatory condition for the issuance or renewal of the certificate of fitness for all motor vehicles."

5. In section 64 of the principal Act, after clause (a), the following proviso

Amendment of section 64.

shall be inserted, namely:—

"(aa) the specifications, standards, manner and procedure of installation, functioning, maintenance, and certification of dashboard camera in motor vehicles as a mandatory safety feature;"

6. In section 84 of the principal Act, after clause (g), the following new clause

Amendment of section 84.

shall be inserted, namely:—

"(h) that the vehicle must be equipped with a functioning dashboard camera, which shall record video footage during operation of the vehicle, and such footage shall be preserved for a minimum period of time as prescribed under the rules to be framed in this regard."

Amendment of

7. In section 109 of the principal Act, after sub-section (2), the following new

section 109.

sub-section shall be inserted, namely:––

"(2A) Every motor vehicle, including private, public, commercial and law enforcement vehicles, shall be so constructed and so maintained as to have mandatory dashboard camera installed as per the specifications, standards and conditions as prescribed by the Central Government.

Provided that it shall be incumbent upon the manufacturers of motor vehicles to ensure that the dashboard camera is pre-installed in all motor vehicles before they are sold, in compliance with the specifications, standards and conditions as prescribed by the Central Government."

8. In section 110 of the principal Act,–––

Amendment of section 110.

(i) in sub-section (1), after clause (o), the following new clauses shall

be inserted, namely:––

"(oo) specifications and technical standards for dashboard camera including the type, resolution, field of view, storage capacity, and tamper-proof design;

(ooo) the placement and mounting of dashboard camera in all motor vehicles, either on the dashboard or within a specified range above or below the windshield, as per standards set by the Central Government, ensuring that they do not obstruct the driver's field of vision or hinder visibility of highway signs or signals";

(ii) after sub-section (1), the following new sub-section shall be

inserted, namely–––

"(1A) The Central Government may also make rules governing

the following matters:—

(a) the minimum period of retention of video footage recorded by dashboard camera, and that access to such footage shall be granted only to authorized personnel, on a written request in the prescribed form, in compliance with the data privacy and protection laws for the time being in force;

(b) penalties for failure to install or maintain dashboard camera in a functional state, including fines and suspension of vehicle registration;

(c) the protection and confidentiality of video footage recorded by dashboard camera, preventing unauthorized access or misuse, and defining conditions under which such data can be accessed or shared by the authorities."

9. After section 110B of the principal Act, the following new sub-section shall

Insertion of new section 110C.

be inserted, namely:––

Responsibilities for Installation, Maintenance, and Operation of dashboard camera.

"110C. (1) The manufacturer of the motor vehicle shall be responsible for ensuring the proper installation and initial functioning of the dashboard camera, while the owner or operator of the vehicle shall be responsible for the maintenance and operation of the dashboard camera at all times while the vehicle is in use.

(2) The footage of the dashboard camera shall be securely stored for a minimum period of time as may be prescribed by the Central Government under the rules to be framed in this regard and made available to law enforcement agencies or authorized personnel upon receipt of a written request in the prescribed form, in compliance with data privacy and protection rules for the time being in force.

(3) Any failure to ensure the continuous operation of the dashboard camera, tampering with the device, or deletion of footage before completion of the prescribed retention period shall be punishable with fines or suspension of the vehicle's registration or permit or both, as prescribed by the Central Government.

10. In section 161 of the principal Act, after sub-section (4), the following new

Amendment of section 161.

sub-section shall be inserted, namely:––

"(5) The footage of the dashboard camera, if available and stored in accordance with the prescribed rules, shall be admissible as evidence in investigations, court proceedings, or determinations of liability and compensation related to road accidents, traffic violations, or criminal cases involving motor vehicles, subject to the discretion of the presiding Judge regarding its admissibility and relevance to the case."160 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

India continues to face a severe road safety crisis, with a sharp rise in road accidents, particularly hit-and-run cases, which have increased by 17.4 per cent. between 2021 and 2024. In this context, dashboard cameras (dashcams) offer a vital solution, providing real-time, tamper-proof evidence in the event of accidents or traffic violations. Dashcams play a crucial role in accurately determining fault, expediting legal proceedings, and ensuring fair insurance settlements.

In addition to their role in accident investigations, dashcams help prevent wrongful accusations, such as false claims of police misconduct or staged encounters. They serve as impartial witnesses, reducing incidents of evidence tampering and corruption that have long plagued India's law enforcement and judicial processes. By promoting transparency, dashcams also serve as a deterrent to unethical practices, upholding citizens' rights under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.

Furthermore, the mandatory use of dashcams would foster responsible driving behavior. The awareness of being recorded encourages compliance with traffic rules, potentially leading to a reduction in reckless driving and road safety violations. This measure would complement India's ongoing efforts to enhance road safety and enforce stricter traffic regulations.

The insurance sector, too, stands to benefit from this initiative. Dashcam footage offers clear, reliable evidence in road crash cases, helping insurers resolve claims more fairly and efficiently, while also curbing fraudulent claims. Additionally, the use of dashcams aligns with global best practices, as several countries have already recognized their value in accident investigations, legal proceedings, and road safety enhancements.

Given these factors—the rise in road accidents, the persistent issue of evidence tampering, and the broader societal benefits—this Bill seeks to mandate the installation of dashcams in all motor vehicles. By doing so, it aims to strengthen road safety, promote accountability, and safeguard citizens' rights, contributing to a more just and transparent system.

Hence, this Bill.

FAUZIA KHANSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 161 ____________________________________________________________________ ____________________________________________________________________

XXII

Bill No. XXX of 2025

A Bill further to amend the Right of Children to Free and Compulsory

Education Act, 2009.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:―

1. (1) This Act may be called the Right of Children to Free and Compulsory

Short title and commencement.

Education (Amendment) Act, 2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

35 of 2009.

2. In the Right of Children to Free and Compulsory Education Act, 2009,

Amendment of section 2.

(hereinafter referred to as the principal Act), in section 2 ––

(i) after clause (a), the following new clause shall be

inserted, namely:―

"(aa) "Balvatika" means a preparatory class before class I, aimed at providing play-based, foundational learning to children between the ages of three to six years, to ensure their school readiness;"

(ii) after clause (ee), the following new clause shall be

inserted, namely:―

"(eee) "early childhood education" means play-based education provided to children from birth to the age of six years, including pre-primary classes, with focus on cognitive, psycho-social, emotional, motor and physical development;"

(iii) For clause (f), the following shall be substituted,

namely:―

"(f) "elementary education" means pre-school and

school education for children aged three to fourteen years;"

(iv) after-clause (f), the following new clause shall be

substituted, namely:―

"(ff) "foundational literacy and numeracy" means the basic ability to read and understand simple texts, and to perform basic arithmetic operations such as addition, subtraction, multiplication, and division, typically achieved by the stage of class III ;"

3. In section 3 of the principal Act, in sub-section (1), for the word "six",

Amendment of section 3.

the word "three" shall be substituted.

4. In the Explanation to section 8 of the principal Act,―

Amendment of section 8.

(i) in clauses (i) and (ii), for the word "six", the word

"three", shall be substituted; and

(ii) after clause (i), the following new clauses shall be

inserted, namely:―

"(j) ensure the mandatory achievement of foundational literacy and numeracy benchmarks for classes I to III in all schools under its jurisdiction:

Provided that the appropriate Government, through its designated authorities, shall be responsible and held accountable for meeting these benchmarks and shall be required to submit annual reports detailing the progress towards achieving the foundational literacy and numeracy targets, in such form and manner as may be prescribed.

(k) develop and monitor state-level achievement benchmarks for foundational literacy and numeracy goals in classes I to III, in accordance with the National Education Policy, 2020;

(l) ensure that all teachers in its jurisdiction receive appropriate training in inclusive education practices, particularly concerning children with learning disabilities, and ensure that periodic assessments and remedial measures are implemented for these children;

(m) ensure the establishment of "Balvatikas" in every government school for the purpose of providing early childhood education to children between the ages of three to six years, with the aim of ensuring school readiness;

(n) provide digital devices and ensure the implementation of digital literacy programs for children, with particular focus on underserved and marginalized areas, in order to promote equitable access to digital education;

(o) mandate continuous professional development for all pre-primary and primary teachers, specifically in the pedagogy of early childhood education and inclusive education practices;

(p) ensure early screening of all children for learning disabilities at the primary school level, and provide remedial support through mainstream educational systems, with regular follow-up assessments and progress tracking; and

(q) ensure the implementation of awareness campaigns and programs aimed at educating parents on the importance of early childhood education through workshops, community outreach, and regular parent-teacher interactions.

5. For section 11 of the principal Act, the following shall be substituted,

Amendment of section 11.

namely:―

Appropriate Government to provide for pre- school education.

"11. (1) With a view to prepare children above the age of three years for elementary education and ensure early childhood care and education for all children until they complete the age of six years, the appropriate Government shall make the necessary arrangements for providing free pre-school education in all government schools and other relevant institutions, in accordance with the norms prescribed under this Act.

(2) The appropriate Government shall ensure that 'Balvatikas' are established in every government school to provide early childhood education for children aged three to six years, aimed at ensuing their school readiness.

(3) The provision of pre-school education as outlined in this section shall include adequate infrastructure, qualified early childhood educators, developmentally appropriate learning materials, and a play-based curriculum, in alignment with the standards specified by an academic authority to be specified by the appropriate Government, under this Act."

6. After section 11 of the principal Act, the following new sections shall be

inserted, namely;―

Insertion of new sections 11A and 11B. Council for Early Childhood Development.

"11A. (1) The Central Government shall, by notification in the official Gazette, establish the Central Council for Early Childhood Development, in such manner as may be prescribed.

(2) The Central Council shall coordinate with the Union Ministries of Women and Child Development, Education, Finance, Labour and Employment, and Commerce and Industry, and civil society representatives, to monitor and guide early childhood care and education practices across the country.

(3) The Central Council shall oversee the following

functions:―

(a) formulation of standards and guidelines for teacher training and qualifications in early childhood education;

(b) development and continuous review of an early childhood education curriculum, with a focus on play-based learning and inclusive education practices;

(c) ensuring appropriate infrastructure tailored to the

developmental needs of children aged three to six years;

(d) monitoring the implementation of early childhood education standards at national and state levels, with periodic assessments and feedback mechanisms.

(4) A State Council shall be established at the state level by each State Government, by notification in the official Gazette, on the lines of the Central Council, which shall coordinate with the Central Council to ensure effective local implementation of early childhood education practices in alignment with the national standards.

Learning

11B. (1) The appropriate Government shall establish district- level learning disability assessment bodies to ensure early identification and support for children with learning disabilities.

Disability

Assessment.

(2) All schools shall conduct regular screenings for identifying learning disabilities, with remedial support integrated into the mainstream education system.

(3) The appropriate Government shall ensure that schools are adequately equipped to provide accommodation, including but not limited to special educators, inclusive assessments, and remedial education, as required for children with learning disabilities."

7. After section 12 of the principal Act, the following new section shall be

inserted, namely:―

Insertion of new section 12A.

Regulation of

Private Pre-

Schools.

"12A.(1) All private pre-schools and early childhood education centres shall register with the respective State Education Department and shall be subject to the curriculum, safety, and teacher qualification standards as prescribed by an appropriate academic authority to be specified by the appropriate Government under this Act, or as notified by the Central Government.

(2) The State Government shall regulate all private pre- schools and early childhood education centres as laid down under this Act.

Provided that such regulation shall require strict adherence to the prescribed early childhood education standards, including but not limited to:

(a) teacher qualifications and ongoing professional

development,

(b) safety and health standards for children,

(c) curriculum and learning outcomes.

(3) Non-compliance with the provisions of this section, including failure to register or failure to adhere to early childhood education standards, shall attract penalties as provided under section 18 of this Act.

8. In section 16 of the principal Act, after sub-section (1), the following

Amendment of section 16.

provisos shall be inserted, namely:―

"Provided that nothing in this sub-section shall prevent schools from conducting periodic assessments to monitor a child's academic progress:

Provided further that the periodic assessments shall be used solely for identifying learning gaps and for providing remedial support and shall not be competitive or harmful to the well-being of young children.

Provided also that periodic assessments shall not be used for

holding back a child in any class."

9. In section 18 of the principal Act, for sub-section (1), the following shall

Amendment of section 18.

be substituted, namely:—

"(1) No school, including private pre-schools or early childhood education centres, other than those established, owned, or controlled by the appropriate Government or local authority, shall be established or function without obtaining a certificate of recognition from the prescribed authority, by making an application in such form and manner as may be prescribed."

10. In section 19 of the principal Act―

Amendment of section 19.

(i) in sub-section (1), the following proviso shall be inserted,

namely:—

"Provided that for pre-primary classes in Balvatikas, private play schools and other early childhood education centres, the Pupil-Teacher ratio shall not exceed twenty.";

(ii) for the word 'school', in the marginal heading and wherever it occurs, the words 'school, Balvatika, private play school or other early childhood education centre, shall be substituted."

11. In section 23 of the principal Act, after sub-section (1), the following new

Amendment of section 23.

sub-section shall be inserted, namely:—

"(1A) For pre-primary teachers, specific qualifications and

training requirements shall be established, including:

(a) completion of an accredited early childhood

education program;

(b) training in child development, inclusive education

practices, and play-based learning methodologies;

(c) ongoing professional development and in-service training to keep abreast of best practices in early childhood education."

12. In section 24 of the principal Act, after sub-section (1), the following new

Amendment of section 24.

sub-section shall be inserted, namely:—

"(1A) Every teacher shall be mandated to receive training in inclusive education practices, with specialized training in recognizing and addressing learning disabilities.

Provided that every school shall provide appropriate

infrastructure and special educators in this regard."

13. After section 29 of the principal Act, the following new section shall be

Insertion of new section 29A.

inserted, namely:—

Access to Digital Devices and Digital Literacy.

"29A. (1) The appropriate Government shall ensure universal access to digital devices and affordable internet for all students, particularly in underprivileged and rural areas, to bridge the digital divide and promote equitable access to technology- assisted learning.

(2) Every school, including government and private institutions, shall integrate digital literacy programs for students and teachers, ensuring equitable access to technology-assisted learning across all schools.

(3) Non-compliance with the provisions of this section

shall attract penalties as provided under section 18 of this Act.

Amendment

14. In section 31 of the principal Act, after sub-section (1), the following

of section 31.

proviso shall be inserted, namely:—

"Provided that the National Commission for Protection of Child Rights shall establish a formal grievance redressal mechanism for parents of children with disabilities who face educational discrimination or inadequate support in schools."Sec-2] THE GAZETTE OF INDIA EXTRAORDINARY 167 ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

The current state of early childhood education (ECE) and primary education in India faces several significant challenges. A vast number of children, particularly those from socio-economically disadvantaged backgrounds, do not have access to structured and quality pre-primary education. Research indicates that over 85 per cent of brain development occurs before the age of six, yet many children enter primary school without the necessary cognitive, social, and emotional skills, putting them at a disadvantage from the very beginning. This plays a role in the low learning outcomes in children in primary grades. Studies have revealed that over half of the students in Class 5 are unable to read Class 2-level text, and a similar percentage do not achieve minimum proficiency levels by the end of primary school. Moreover, there is an evident gap in teacher training, with many educators not adequately equipped to handle the unique developmental needs of young children. Additionally, private and public preschools often operate without standardization, resulting in wide discrepancies and in the quality of education, infrastructure, and teacher qualifications. Many private pre-schools also operate through formal learning curriculum that is detrimental to the development of young learners.

The proposed Bill aims to address these issues by introducing mandatory Early Childhood Education (ECE) programs in all government schools through the establishment of Balvatikas, or pre-primary classes, for children aged 3 to 6 years. These classes will focus on play-based, experiential learning and will ensure that every child is equipped with the foundational cognitive and socio- emotional skills needed for successful transition into primary school education. To further support this, the Bill mandates specialized training for teachers engaged in early childhood and primary education, ensuring they are prepared to address the developmental needs of young learners through child-centered pedagogy and continuous professional development.

In addition to the expanding access to ECE, the Bill emphasizes the critical importance of foundational literacy and numeracy skills. It proposes clear standards and benchmarks for literacy and numeracy skills by Grade 3, holding schools accountable for ensuring that students meet these goals. The Bill also includes provisions for regulating both private and public preschools, setting minimum standards for curriculum, safety, teacher qualifications, and infrastructure. This will ensure uniformity in the quality of early education across the country.

Through these changes, the proposed Bill seeks to create a more equitable and effective education system that guarantees every child, regardless of background, has access to high-quality early education, enabling them to succeed throughout their educational journey and beyond.

The Bill seeks to achieve the above-said objectives.

FAUZIA KHAN.

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides certain additional duties of the appropriate Government such as ensuring appropriate training in inclusive education practices, particularly for children with learning disabilities to all teachers in their jurisdiction, establishment of 'Balvatikas' in every government school for providing early childhood education to children between the ages of three to six years, provision of digital devices and ensure implementation of digital literacy programs for children with particular focus on underserved and marginalized areas as well as awareness campaigns and programs on the importance of early childhood education for parents through workshops, community reach etc. Clause 5 of the Bill provides that the appropriate Government shall make all necessary arrangements for providing free pre-school education in all government schools and other relevant institutions including adequate infrastructure, qualified early childhood educators, developmentally appropriate learning materials, and a play-based curriculum. Clause 6 of the Bill provides for the establishment of the Central Council for Early Childhood Development by the Central Government.

The Bill, therefore, if enacted, would involve both recurring and non-

recurring expenditure from the Consolidated Fund of India. However, at this

juncture, it is difficult to estimate the actual expenditure likely to be involved.

XXIII

Bill No. XLIV of 2025

A Bill to prohibit violence against healthcare workers and professionals

and damage or loss to the property of medical establishments across

the country by constituting an institutional mechanism and

for matters connected therewith and

incidental thereto.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic

of India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Central Protection of Healthcare Workers

and Medical Establishments from Violence Act, 2025.

Short title, application and commencement.

(2) It shall apply to all medical establishments as defined and registered170 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ 23 of 2010.

under the Clinical Establishments (Registration and Regulation) Act, 2010 or under any State Act for the time being in force relating to registration of medical establishments.

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

by notification in the Official Gazette, appoint.

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

(a) "appropriate Government" means−

(i) in relation to medical establishment located in a Union territory without a legislature, the Central Government; and

(ii) in all other cases, the State Government, as the case may be, within whose jurisdiction such medical establishment, is situated.

(b) "Board" means the State Healthcare Protection Board

constituted in each State and Union territory under section 16;

(c) "District Committee" means the District Healthcare Vigilance Committee constituted in each district under section 19;

14 of 2010.

(d) "medical establishment" means any healthcare institution or facility that offers services, facilities, or care requiring diagnosis, treatment (including curative, palliative and preventive), or management of illness, injury, deformity, abnormality, or pregnancy in any recognized system of medicine under the National Commission for Indian System of Medicine Act, 2020 and may include, but not limited to:

(i) a hospital, maternity home, nursing home, dispensary, clinic, sanatorium, blood banks, dental clinics, all registered alternative medicine healthcare facilities, physiotherapy clinics, medical camps, first-aid posts, or any other premises offering healthcare services;

(ii) institutions or facilities engaged in pathological, bacteriological, genetic, radiological, chemical, biological investigations, or other diagnostic services, with the aid of laboratory or other medical equipment, usually carried on, established and administered or maintained by any person or body of persons, whether incorporated or not;

(iii) any establishment offering healthcare services and

owned, controlled, or managed by:

(a). the Central or State Government or a

Department of such Government;

(b). Public Sector Undertakings or Autonomous Bodies of the Central or State Government;

(c). Public or private trusts;

(d). Corporations or societies registered under

Central, Provincial, or State Acts;

(e). Local authorities;

(f). Single doctors practicing independently;

(iv) mobile medical units and ambulances that are fitted with medical equipment and used for providing healthcareSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 171 ____________________________________________________________________ ____________________________________________________________________ services;

(v) teaching institutes, primary health centers, pharmacies, radiology and imaging centers, casualty and trauma care centers, health and wellness centers, management and consulting centers, e-medicine and telemedicine centers; and

23 of 2010.

(vi) any clinical establishment as defined in the Clinical Establishments (Registration and Regulation) Act, 2010.

(e) "healthcare worker" or "healthcare personnel" or "healthcare service personnel" means any individual engaged in delivering, supporting or facilitating medical and healthcare services, and includes, –

30 of 2019.

(i) medical practitioners registered in accordance with the provisions of the National Medical Commission Act, 2019, and possessing a recognized medical qualification within the meaning of clause (r) of section 2 of that Act;

(ii) practitioners of Indian systems of medicine or homeopathy registered under any law of appropriate Government, and recognized by the Ministry of AYUSH or any statutory body constituted for such purpose;

21 of 2023

(iii) dentists, dental professionals, dental hygienists, and dental mechanics registered under the National Dental Commission Act, 2023;

26 of 2023.

(iv) nurses, midwives, auxiliary nurse-midwives, and health visitors, registered under the National Nursing and Midwifery Commission Act, 2023;

(v) mental health professionals registered under the

10 of 2017.

Mental Healthcare Act, 2017;

(vi) a pharmacist registered under the Pharmacy Act,

8 of 1948.

1948;

(vii) paramedical and allied health professionals and students including physiotherapists, radiologists, dieticians, occupational and speech therapists, pharmacists, and diagnostic services providers, recognized under any law of appropriate Government or by any authority constituted by the such Government;

(viii) medical and nursing students undergoing

education or training in any recognized systems of medicine

or healthcare profession;

(ix) community health workers such as polio workers, lady health workers, Accredited Social Health Activist (ASHA) workers or any such other individual deployed in public health outreach activities;

(x) any person, including support staff, ambulance drivers, paramedics, social workers, bereavement counsellors, transplant coordinators, security personnel, or administrative and non-clinical staff, who by virtue of their employment in a medical establishment, directly or indirectly participates in healthcare delivery;

(xi) any other person or class of persons notified by the Central Government in the Official Gazette for the purposes172 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ of this Act;

(f) "healthcare services" means any service relating to the provision, facilitation, curative, rehabilitative, preventive, promotive, supportive, or administrative functions aimed at managing any disease, injury, disability or overall health, and includes efforts to provide, facilitate, or ensure access to necessary healthcare for individuals, such as locating, treating, or transporting those in need, as well as the management and operation of healthcare facilities;

(g) "prescribed" means prescribed under the rules made under

this Act;

(h) "property" means any movable or immovable asset, including medical equipment or machinery, owned by, in possession of, or under the control of any healthcare professional, medical personnel, or medical establishment; and

(i) "violence" means any act that causes or may cause harm, injury, intimidation, or endangerment to the life of healthcare worker, whether occurring within a medical establishment or outside it, and shall include, but not limited to,–

(i) physical harm through actions resulting in bodily

injury, grievous hurt, or death to healthcare worker;

(ii) psychological abuse including verbal abuse or harassment intended to insult, humiliate, or provoke healthcare worker in the performance of their duties;

(iii) any interference that obstructs or hinders or prevents healthcare worker from carrying out their responsibilities, regardless of the location;

(iv) loss or damage to any property, medical equipment, or documents in the custody of or associated with healthcare worker or medical establishments; and

(v) harassment including any unwanted conduct that violates the dignity of healthcare workers, impacting their living and working conditions and affecting their ability to perform their duties effectively; or

(vi) any other activity that results in mental anguish, physical injury, or death to the healthcare service providers or beneficiary of healthcare services.

CHAPTER II

OFFENCES AND PENALTIES

3. (1) No individual shall, by words, either spoken or written, or by signs or by visible representations or otherwise, engage in any act of violence against a healthcare worker, whether during the discharge of their professional duties or otherwise, or cause any damage or loss to any property, within or associated with, a medical establishment.

Prohibition of violence against healthcare workers and damage to property of medical establishments.

(2) Any act of violence against a healthcare worker or damage to the property of a medical establishment under sub-section (1), which is motivated, whether wholly or in part, by considerations of caste, gender, religion, language, or place of birth, is hereby prohibited.

(3) The appropriate Government shall, in consultation with the Central Government, notify and implement such measures, as may be necessary or expedient to prevent and mitigate any act of violence againstSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 173 ____________________________________________________________________ ____________________________________________________________________ healthcare workers and damage to property of medical establishments, ensuring that such acts are addressed and remedied at all levels of governance, as expeditiously as possible.

4. (1) Whoever commits, abets or incites commission of any act of violence or damage in contravention of the provisions of section 3, shall be punished with imprisonment which shall not be less than six months but which may extend to five years, and with fine which shall not be less than fifty thousand rupees but which may extend upto five lakh rupees;

Penalties for violence against healthcare workers and damage to property of medical establishments.

45 of 2023.

(2) Whoever, while committing violence or damage as referred to under sub-section (1) of section 3, causes grievous hurt, as defined under section 116 of the Bharatiya Nyaya Sanhita, 2023, to any healthcare worker, shall upon conviction be punished with imprisonment for a term which shall not be less than three years, but which may extend to ten years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees.

46 of 2023.

Information and registration of offence.

5. (1) Notwithstanding anything contained in the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, upon receipt of a written complaint from the aggrieved healthcare worker the person in charge or head of the medical establishment, as the case may be, in which the healthcare worker is working, shall, within such period as may be prescribed, notify the officer in charge of the police station having territorial jurisdiction, regarding the commission of an offence under this Act, in such form and manner as may be prescribed.

(2) In the event of any violence against healthcare workers while on duty, the head of the establishment shall be responsible for causing an institutional First Information Report to be filed, within a period not exceeding six hours from the time of occurrence of such incident.

46 of 2023.

(3) Upon receipt of a complaint or information under sub-section (1), either from the medical establishment or an aggrieved healthcare worker, the police officer shall, notwithstanding anything to the contrary contained in the Bharatiya Nagarik Suraksha Samhita, 2023, register a First Information Report within one hour of receiving such complaint or information.

46 of 2023.

Offence to be cognizable and non-bailable.

6. Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, an offence punishable under this Act shall be cognizable and non-bailable.

46 of 2023.

Investigation, supervision and trial of cases.

7. (1) (i) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, any case registered under this Act shall be investigated by a police officer not below the rank of Inspector;

(ii) The investigation of each such case shall be completed within a period of thirty days from the date of registration of the First Information Report;

(iii) Each such investigation shall be supervised by a senior police officer not below the rank of Deputy Superintendent of Police, in such manner as may be prescribed.

(2) (i) All inquiries and trials under this Act shall be conducted as expeditiously as possible and once examination of witnesses has commenced, the same shall proceed on a day-to-day basis until all witnesses in attendance have been examined, unless a court- ordered adjournment is necessary for reasons to be recorded in writing by the Court;

46 of 2023.

(ii) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, efforts shall be made to ensure that the inquiry or trial is concluded within a period of one year174 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ from the date of filing of charge-sheet:

Provided that such period may be extended by such further period, for reasons to be recorded in writing, but not exceeding six months at a time:

Provided further that where the trial is not concluded within the said period, the Judge shall record the reasons for delay in writing.

(3) (i) For the purpose of ensuring speedy trial in all cases registered under this Act, the appropriate Government shall, with the concurrence of the High Court, establish by notification in the Official Gazette, one or more Special Courts in each district, to try offences under this Act; and

(ii) The appropriate Government shall, by notification in the Official Gazette, designate for every such Special Court, a Special Public Prosecutor for the purpose of conducting cases under this Act in that Court.

Presumption as to certain offences.

8. Where an individual is charged with commission of an offence under section 3, the Court shall presume that the individual has committed the offence, unless proven otherwise.

Compensation for acts of violence.

9. In addition to the penalties provided under section 4, any individual found guilty of an offence under this Act shall be required to pay compensation, as follows, –

(i) an amount equal to twice the fair market value of the property damaged or the loss incurred, as adjudicated by the competent court;

(ii) a sum of one lakh rupees for inflicting hurt on a healthcare worker and five lakh rupees for inflicting grievous hurt on a healthcare worker, or as determined by the competent court:

1 of 1890.

Provided that if the convicted individual fails to remit the compensation provided under this section, the amount shall be recoverable as arrears of land revenue in accordance with the provisions of the Revenue Recovery Act, 1890.

Presumption of culpable mental state.

10. In any prosecution for an offence under section 3, wherein the commission of the offence necessitates a culpable mental state on the part of the accused, the Court shall presume the existence of such culpable mental state, however, it shall be open to the accused to rebut this presumption by proving that he did not possess such mental state with respect to the act constituting the alleged offence.

Explanation.—For the purposes of this section,–

(a) a fact is said to be proved only when the Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.

(b) "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.

Prohibition of carrying weapons into a medical establishment.

11. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, no person shall possess, carry, or display any arms, including licensed weapons, within the premises of any medical establishment:

Provided that no provision of this section shall apply to armsSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 175 ____________________________________________________________________ ____________________________________________________________________ officially permitted for security purposes and carried by law enforcement agencies or security personnel on duty at the medical establishment.

54 of 1959.

Explanation.— For the purposes of this sub-section, "arms" shall have the meaning assigned to it under clause (c) of section 2 of the Arms Act, 1959.

(2) Whosoever found in violation of sub-section (1) shall be liable to punishment with imprisonment of either description for a term of not less than one month but which may extend to six months, or with fine, which shall not be less than fifty thousand rupees but which may extend to three lakh rupees, or with both.

Punishment for false charge.

45 of 2023.

12. Where, during any stage of the inquiry, investigation or trial under this Act, it is established to the satisfaction of the court that no violation of the provisions of this Act was committed by the accused and that the complaint or the charge made against the accused was false and malicious, the individual making such false or malicious charge shall be liable to be prosecuted and punished under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023.

CHAPTER III

SAFETY STANDARDS AND RESPONSIBILIES

Safe working environment in medical establishments.

13. (1) Every medical establishment shall ensure the creation and maintenance of a safe and secure working environment for all healthcare workers within its premises, in accordance with the guidelines issued by the Central Government under sub-section (2) and for this purpose, undertake the following measures, namely, –

(i) All medical establishments including colleges and hospitals thereunder shall develop a policy for ensuring a safe working environment within their campus;

(ii) Any incident of violence within the premises shall be promptly investigated by the management, and a First Information Report shall be lodged as per the provisions of section 5 of this Act;

(iii) A detailed action taken report on any incident of violence shall be sent to the National Medical Commission within forty- eight hours of the occurrence of the incident;

(iv) All medical establishments shall be declared as 'Safe Zones' where any act of violence or threats shall result in swift legal action;

(v) All medical establishments shall develop and implement internal policies to address workplace violence, including protocols for responding to and reporting such incidents; and

(2) The Central Government shall, from time to time, issue guidelines on the safety standards and measures to be deployed in all medical establishments across the country.

Basic safety measures in medical establishments.

14. Every medical establishment shall implement such basic safety measures as may be necessary to ensure the physical security of healthcare workers, patients, and attendants, and to prevent the occurrence of violence within its premises, which shall include but not be limited to, –

(i) implementing advanced security measures, including but not limited to improved lighting, monitored CCTV cameras, and trained security personnel covering high-traffic areas like emergency rooms, operation theatres, connecting pathways, along with other such areas identified by the medical establishment;

(ii) adequate CCTV surveillance within and outside the176 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ premises;

(iii) stationing Quick Response Teams, equipped with effective communication tools to respond to incidents of violence or threats in a timely manner;

(iv) mandatory de-escalation and crisis management training to healthcare workers to manage patient families in high-stress situations along with training on the legal recourses available in case of violence;

(v) provision of safe and secure transportation facilities to healthcare workers for traveling to and from hospitals and other relevant medical institutions, especially during night shifts;

(vi) installing and maintaining CCTV cameras at all critical entry points to ensure the screening of individuals for weapons or prohibited items and secure storage and regular review of the footage in accordance with the security protocols issued by the Central Government, from time to time, as per sub-section (2) of section 13;

(vii) addressing instances of violence, disproportionately affecting female and younger healthcare workers by prioritizing their safety in medical establishment infrastructure design, including secure duty and rest rooms and separate facilities for female healthcare workers;

(viii) designating and deploying a trained security force which shall be responsible for managing the safety of sensitive areas, including emergency rooms, Intensive Care Units, and entry points and impart training to them in handling violent situations, de- escalation techniques, and healthcare-specific security challenges;

(ix) ensuring establishment of emergency response protocols

for handling incidents of violence or threats to safety;

(x) implementing access control measures or systems such as identification checks and systems, visitor badges and screening, and security personnel at critical points to restrict entry of unauthorized persons, particularly in sensitive zones such as Intensive Care Units, emergency wards, and healthcare professionals' resting rooms;

(xi) deploying a visitor management system to regulate the flow of visitors and to ensure that only authorized personnel and family members are allowed in patient area; and

(xii) ensuring the provision of adequate sanitation, nutrition

and hygiene measures to all healthcare workers.

Responsibilities of healthcare workers and medical establishments.

15. (1) Before initiating any treatment or medical procedure, every doctor, medical professional, or medical establishment, as the case may be, shall provide an explanatory note to the patient, or their nearest kin or attendant, outlining:

(i) the present medical condition of the patient;

(ii) expected procedures and treatments;

(iii) possible outcomes of the treatment;

(iv) expected recovery time;

(v) chances of failure of the prescribed procedures; and

(vi) estimated expenses for medication, procedures,

treatment, and services:

Provided that a confirmation of understanding must be

obtained either in writing or recorded verbally in such form andSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 177 ____________________________________________________________________ ____________________________________________________________________ manner as may be prescribed in the presence of at least two witnesses.

Provided further that this requirement shall not delay emergency or trauma care, and the explanatory note shall be given and written or verbal confirmation of understanding obtained as early as reasonably possible;

(2) All healthcare service providers shall ensure that the treatment and procedures are explained in a clear and comprehensible manner to the patient or their designated attendant before and during treatment;

(3) All medical establishments shall ––

(i) safeguard patient confidentiality, uphold the highest standards of ethical conduct, and provide emergency care without discrimination, except on medical grounds;

(ii) furnish, upon request, a copy of the patient's medical record or any part thereof to the patient or their designated attendant;

(iii) ensure display of essential information for all stakeholders, including patients, visitors, and healthcare staff, at noticeable places within their premises;

(iv) provide separate duty rooms for male and female healthcare workers and ensure basic amenities such as sanitation, resting spaces, and access to food and water during night shifts;

(v) be equipped with CCTV surveillance at critical entry points to monitor any unwanted access by attendants of patients into sensitive areas, such as Intensive Care Units and doctors' resting rooms;

(vi) provide mental health counselling services for their staff, especially those who have been victims of violence or face high- stress work environments and institute peer support groups to offer ongoing emotional and psychological support;

(vii) establish a clear, visible emergency reporting mechanism that healthcare workers can use to alert security personnel in the event of an emergency;

(viii) abide by the safety standards and guidelines issued

under sections 13 and 14 of this Act.

(4) Any healthcare worker or medical establishment found to be in violation of any of provisions of sub-section (3) or refuses treatment to a patient on malicious grounds, shall be punished by disciplinary action, suspension, or revocation of licenses for medical practice or sealing of the medical institution, as the case may be, as prescribed by the appropriate Government in accordance with the relevant laws, rules, and regulations in this regard.

CHAPTER IV

STATE HEALTHCARE PROTECTION BOARD AND DISTRICT HEALTHCARE

VIGILANCE COMMITTEES

Constitution of State Healthcare Protection Board.

16. (1) The appropriate Government shall, by notification in the

Official Gazette constitute, a Board, to be known as the State

Healthcare Protection Board in each State and Union territory to be

known as the ––––(name of the State/Union territory) Healthcare

Protection Board for the purposes of overseeing and ensuring

implementation of the provisions of this Act and the rules made

thereunder within its territorial jurisdiction.

(2) The composition of the Board shall be as follows, -

(i) the Minister in charge of the Ministry or Department of

Health and Family Welfare in the appropriate Government—

Chairperson, ex-officio;

(ii) the Secretary or Principal Secretary to the appropriate

Government in the Ministry or Department of Health and Family

Welfare—Vice-Chairperson, ex-officio;

(iii) one officer not below the rank of Joint Secretary in the

Ministry or Department of Health and Family Welfare in the

appropriate Government, to be nominated by that Government in

such manner as may be prescribed;

(iv) the Director of Health Services or Director of Medical

Education in the State, as decided by that Government - Member

ex-officio;

(v) a legal expert of repute to be nominated by the State

Advocate General or the Attorney General of India, as the case may

be, in such manner as may be prescribed Member;

(vi) a senior police officer not below the rank of

Superintendent of Police to be nominated by the appropriate

Government in such manner as may be prescribed – Member ex-

officio;

(vii) one person to be nominated by the State Medical Council

in such manner as may be prescribed – Member;

(viii) three persons to be nominated by the appropriate

Government in such manner as may be prescribed, representing

healthcare professionals, which may include doctors, nurses,

paramedics – Members;

(ix) one public health expert or civil society representative

working in the field of healthcare to be nominated by the

appropriate Government; in such manner as may be prescribed –

Member; and

(x) two representatives of the patient-community, to be

nominated by the appropriate Government, in such manner as may

be prescribed – Member.

(3) The qualifications and experience, term of office, salary and

allowances of the Chairperson, Vice-Chairperson and Members

specified in clauses (f) to (j) of sub-section (4) of the Board shall be

such as may be prescribed.

(4) The Board shall regulate its own procedure with transaction to its

business and for discharge of its powers and functions under this Act

and for this purpose, may issue regulations in this regard.

Functions of the Board.

17. The Board shall be responsible for overseeing the implementation of the provisions of this Act within the States and Union territories, as the case may be, and for that purpose, shall perform all of any of the following functions,–

(i) monitor adherence to the prescribed safety standards by

medical establishments;

(ii) ensure institutional compliance with the provisions of

this Act and redressal of incidents of violence;

(iii) coordinate with law enforcement and district authorities

for implementation of the provisions of this Act;

(iv) constitute and supervise functioning of the District Healthcare Vigilance Committees under section 19 and provide adequate funds for their efficient functioning;

(v) oversee and analyze reports from the District Committees and forward the recommendations from District Committees for disciplinary and/or legal action against public officials for dereliction of duty under clause (ii) of section 20 to the appropriate Government for necessary action at their end;

(vi) submit an annual report to the appropriate Government on the activities undertaken by it for the implementation of the Act and including therein incident data, and recommendations to mitigate occurrence of such incidents etc.; and

(vii) perform such other functions as may be prescribed by

the appropriate Government from time to time.

Officers and staff of the Board.

18. (1) The appropriate Government, may appoint such number of

officers and staff to the Board, as may be required, for the efficient

discharge of its functions under this Act.

(2) The method of appointment, the salaries and allowances payable

to and other terms and conditions of service, of the officers and staff,

so appointed under sub-section (1), shall be such as may be

prescribed.

Constitution of District Healthcare Vigilance Committee.

19. (1) The Board shall, by notification in the official Gazette, constitute

a District Healthcare Vigilance Committee in each district within the

States and Union territories, to monitor the implementation of this

Act and ensure compliance with the safety standards prescribed

under sections 13 and 14 of this Act.

(2) The composition of the District Committee shall be as follows, –

(i) the District Magistrate- Chairperson, ex-officio;

(ii) the Chief Medical Officer of the district - Member

Secretary ex-officio;

(iii) one representative from the State Health

Department to be nominated by the appropriate

Government in such manner as may be prescribed –

Member ex-officio;

(iv) one representative of a recognized medical

association to be nominated by the appropriate Government

in such manner as may be prescribed – Member;

(v) one representative from a civil society organization

working in the field of public health to be nominated by the

appropriate Government in such manner as may be

prescribed –Member; and

(vi) two healthcare professionals, one from a

government and one from a private healthcare institution, to

be nominated by the appropriate Government in such

manner as may be prescribed – Members.

(3) The term of office, the salary and allowances payable to and

other terms and conditions of service of the Chairperson,

Member Secretary and Members of the District Committee shall

be such as may be prescribed.

(4) The procedure to be followed by the District Committee with regard to transaction of its business shall be such as may be prescribed by regulations, issued by the Board.

20. The District Committee shall perform all or any of the following

functions, namely–

Functions of the District Committee.

(i) review and audit compliance with the prescribed healthcare safety standards and protocols in public and private medical establishments within the district;

(ii) conduct regular investigations and inquiries into instances of alleged dereliction of duty or willful negligence by public officials in enforcing the provisions of this Act and submit reports thereof to the Board with recommendations for disciplinary or legal action against them;

(iii) conduct awareness campaigns across all medical establishments and communities to promote understanding of the provisions of this Act, deter violent actions, and encourage compliance;

(iv) maintain a district-level database to track incidents of violence against healthcare workers in such form and manner as may be prescribed;

(v) submit biannual reports to the Board constituted under

section 16, in such form and manner as may be prescribed.

21. (1) The appropriate Government, may appoint such number of

officers and staff to the District Committee, as may be required, for

the efficient discharge of its functions under this Act.

Officers and staff of the District Committee.

(2) The method of appointment, the salaries and allowances payable

to and other terms and conditions of service, of the officers and staff,

so appointed under sub-section (1), shall be such as may be

prescribed.

22. (1) The Central Government shall ensure that the provisions of this Act, and the guidelines framed under sections 13 and 14, are properly implemented across all States and Union territories.

Central Government Oversight and Monitoring.

(2) The Central Government shall, from time to time, issue such guidelines, advisories, and model protocols as may be necessary for the effective implementation of this Act.

(3) The Central Government shall have the power to require States and Union territories to submit compliance reports annually or at such intervals as may be prescribed, and may conduct periodic reviews of their performance under this Act.

CHAPTER V

ACCOUNTS, AUDIT AND ANNUAL REPORT

23.

Central Government to provide funds.

The Central Government may. after due appropriation made by

Parliament by law on this behalf, provide, from time to time,

adequate funds to the Board of the Union territories without

Legislature, for the implementation of the provisions and purposes

of this Act.

24.

The State or Union territory Government may, after due appropriation made by State or Union territory Legislature, as the case may be, by law in this behalf, make to the State Board concerned, grants and loans of

Grants and loans by the State or Union territory Government.

such sums of money as the State or Union territory Government may think fit for carrying out the purposes of this Act.

Accounts and audit.

25. (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the appropriate Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General of India or by any person so appointed by him in this behalf, annually or at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India.

(3) The accounts of the Board, 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 appropriate Government by the Board and the appropriate Government shall cause the annual accounts along with the audit report thereon to be laid, as soon as may be after it is received, before each House of Parliament or, as the case may be, before the State Legislature or the Union territory Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House.

Annual Report.

26. (1) The Board shall prepare, in such form and manner, 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 appropriate Government.

(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before each House of Parliament or, as the case may be, before each House of the State Legislature or the Union territory Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House.

CHAPTER VI

MISCELLANEOUS

Power to remove difficulties.

27. (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 orders shall be made after the expiry of the

period of three years from the date of 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.

28. (1) The appropriate Government may, by notification in the official

Gazette, make rules for carrying out the provisions of this Act.

Power of the appropriate Government to make rules and of the Board to make regulations.

(2) The Board, may from time to time, with the approval of the appropriate Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.

(3) Every rule or regulation 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,182 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ 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 the Houses agree that the rule 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.

(4) Every rule made by the State Government or the Union territory Government, as the case may be and every regulation made by the Board, under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature or the Union territory Legislature, where it consists of two Houses, or where such legislature consists of one House, before that House.

29. The provisions of this Act shall be in addition to and not in derogation of

any other law in this regard, for the time being in force.

Act to supplement other laws.

STATEMENT OF OBJECTS AND REASONS

Violence against healthcare workers is a growing and systemic issue in India, encompassing physical assaults, verbal abuse, bullying and sexual harassment. According to the Indian Medical Association, healthcare workers are four times more likely to face injury or require time away from work due to violence compared to other sectors. Shockingly, over 75per-cent. of doctors have reported experiencing some form of violence, with 68.33per-cent. of incidents having been perpetrated by patients' attendants or escorts.

The violence manifests in multiple forms, including verbal abuse, telephonic threats, physical assaults, murder and arson. These attacks have severe psychological consequences for healthcare workers, causing insomnia, anxiety, depression and fear, ultimately affecting their ability to perform their duties effectively. The repercussions are not limited to the healthcare workers alone but extend to the patients, as such incidents undermine the quality of healthcare services and fuel more violence in a vicious cycle.

In response to the increasing incidents of violence, there have been multiple strikes and protests led by medical professionals across the country. The medical community has repeatedly called for stronger protection for healthcare workers, recognizing that violence against healthcare workers weakens the health system, affects patient care and needs urgent attention from all societal stakeholders.

Although some States have enacted laws to address the issue, this legal framework remains fragmented. There is, therefore, an urgent need for a comprehensive national legislation that uniformly protects healthcare professionals across the country and ensures a zero-tolerance approach towards any form of violence against them. The object of this Bill is to establish a strong legal deterrent against all forms of violence against healthcare workers, ensuring a safe and conducive working environment in the healthcare sector. The Bill aims to provide uniform protection across States, filling the legislative gaps that currently exist and reinforcing the safety, security and dignity of healthcare workers in India.

Hence, this Bill.

FAUZIA KHAN.

FINANCIAL MEMORANDUM

Clause 16 of the Bill provides for the constitution of State Healthcare Protection Boards by the appropriate Government in each State and Union territory for ensuring the implementation of the provisions of this Act its composition and for the salary and allowances payable to and other terms and conditions of service of the Chairperson, Vice-Chairperson and Members thereof. Clause 18 of the Bill provides that the appropriate Government may appoint such number of officers and staff to the Board as deemed necessary and for the salaries and allowances payable to them as well as other terms and conditions of their service. Clause 19 provides for the constitution of District Healthcare Vigilance Committees in each district, its composition and for the salary and allowances payable to and other terms and conditions of service of the Chairperson and Members thereof. Clause 21 provides that the appropriate Government may appoint such number of officers and staff to the District Committee as deemed necessary and for the salaries and allowances payable to them as well as other terms and conditions of their service. Clause 23 provides for the provision of adequate funds by the Central Government to the Board of the Union territory without Legislature for the implementation of the Act.

The Bill, therefore, if enacted, would involve both recurring and non- recurring expenditure from the Consolidated Fund of India. However, at this juncture, it is difficult to estimate the actual expenditure likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 27 empowers the Central Government to make such provisions through an order for removing any difficulty that might arise in giving effect to the provisions of the Bill. Clause 28 of the Bill empowers the appropriate Government to make rules and the Board, with the approval of the appropriate Government to make regulations for carrying out the purpose of this Bill.

As the orders or rules or regulations relate to the matters of procedural and administrative details only, the delegation of the legislative power is of a normal character.

XXIV

Bill No. XXXIX of 2025

A Bill to provide for enhancement of livelihood security to individuals in

urban areas of the country by formulation of an Employment Guarantee

Scheme aimed at providing guaranteed wage employment in

every financial year to every adult in the urban areas

covered thereunder who volunteers to do skilled or

unskilled work and for matters connected

therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called National Urban Employment Guarantee Act,

Short title and commencement.

2025.

(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 or for different areas in a State and any reference in any such provision to the commencement of the Act shall be construed as a reference to the coming into force of that provision in such State or, as the case may be, in such area:

Provided that this Act shall be applicable to the whole of India within

a period of five years from the date of enactment of this Act.

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

(a) "adult" means a person who has completed eighteen years of

age;

(b) "applicant" means any adult who has applied for employment

under the scheme;

(c) "Central Council" means the Central Employment Guarantee

Council constituted under section 12;

(d) "District Programme Coordinator" means an officer designated as such by the State Government under sub section (1) of section 18 for implementation of the scheme in a district;

(e) "household" means the members of a family related to each other by blood, marriage or adoption and normally residing together and sharing meals or holding a common ration card;

(f) "implementing agency" includes any department of the Central Government or a State Government, any urban local authority or Government undertaking or non-governmental organisation authorised by the Central Government or the State Government to undertake the implementation of any work taken up under a Scheme;

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

(h)"Programme In-charge" means the officer designated as such

by the State Government under sub section (1) of section 17;

(i) "Programme Officer" means the person appointed by the Programme In-charge at the Urban Local Body under sub-section (1) of section 19;

(j)"project" means any work taken up under a Scheme for the

purpose of providing employment to the applicants;

(k)"Scheme" means the Employment Guarantee Scheme notified

by the State Government under sub- section (1) of section 4;

(l) "skilled work" means any work that requires specific level of

training or skills as notified by the urban local body;

(m)"State Council" means the State Employment Guarantee

Council constituted under sub-section (1) of section 14;

(n)"unskilled work" means any physical work which any adult

person is capable of doing without any skill or special training;

(o) "urban area" means any area in a State which is covered by

any urban local body of that State;

(p) "Urban Local Body" means the body that administers or governs a city or a town such as Municipal corporation, Municipalities, Cantonment Boards or notified Town Area Committees;

(q) "wage rate" means the wage rate to be determined by the Central Council for the States in consultation with their Governments as provided under section 7; and

(r) "ward" means territorial constituencies in the municipal area.

CHAPTER II

GUARANTEE OF EMPLOYMENT IN URBAN AREAS

Guarantee of Employment.

3. (1) The State Government shall, in such urban areas in the State, as

may be notified by the Central Government it in the Official Gazette,

provide to every adult, skilled and unskilled work for not less than

ninety days in a financial year depending on the applicant's skill,

qualifications, experience, aptitude etc. in accordance with the Scheme

made under this Act.

(2) Every adult who has done the work given to him under the Scheme shall be entitled to receive wages at the wage rate for each day of work.

(3) Save as otherwise provided in this Act, the disbursement of daily wages shall be made on a weekly basis or in any case not later than a fortnight after the date on which such work was done.

(4) The Central Government or the State Government, as the case

may be, within the limits of its economic capacity and development,

make provisions for securing work to every adult under a Scheme for

any period beyond the period guaranteed under sub-section (1), as

may be expedient.

CHAPTER III

NATIONAL EMPLOYMENT GUARANTEE SCHEME AND UNEMPLOYMENT ALLOWANCE

Employment Guarantee Scheme for urban areas.

4. (1) For the purposes of giving effect to the provisions of section 3, every State Government shall, within six months from the date of commencement of this Act, by notification in the Official Gazette, formulate an Employment Guarantee Scheme, for providing not less than ninety days of guaranteed employment in a financial year to every adult, in the urban areas covered under the Scheme as notified, who is willing to do unskilled or skilled work and applies for such work in the prescribed form and manner, subject to the conditions laid down by or under this Act and in the Scheme.

(2) The State Government shall publish a summary of the Scheme made by it in at least two local newspapers, one of which shall be in a vernacular language circulating in the area or areas to which such Scheme shall apply.

(3) The Scheme made under sub-section (1) shall provide for the minimum features specified in the First Schedule.

5. (1) The State Government may, without prejudice to the conditions specified in the Second Schedule, specify in the Scheme the conditions for providing guaranteed employment under this Act.

Conditions for providing guaranteed employment.

(2) Every adult employed under the Scheme made under this Act shall be entitled to such facilities not less than the minimum facilities specified in the Second Schedule.

Preference in employment opportunities.

6. First preference in the employment opportunities under this Act shall be given to women, and persons belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes and Minorities.

Wage rate.

7. The Central Council, constituted under section 12, shall determine the wage rate for a State, after consultation with the Government of the concerned State:

Provided that the wage rate may be determined using a scientific methodology, in such manner as may be prescribed, taking into account various input factors and may be revised every year to keep up with inflation:

Provided further that different rates of wages may be specified for

different areas:

Provided also that the wage rate shall not be less than rupees six

hundred and fifty per day.

Social Security.

8. The Central Government shall take all necessary measures to act upon the recommendation received from the Central Council, as mandated underSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 189 ____________________________________________________________________ ____________________________________________________________________ clause (a) of sub-section (1) of section 13 within thirty days of its receipt and provide social security to all job holders working under the scheme guaranteed under this Act.

Payment of unemployment allowance.

9. (1) If an applicant for employment under the Scheme is not provided

such employment within fifteen days of receipt of his application

seeking employment or from the date on which the employment has

been sought in the case of an advance application, whichever is later,

his shall be entitled to a daily unemployment allowance in accordance

with this section.

(2) Subject to such terms and conditions of eligibility as may be

prescribed by the State Government and subject to the provisions of

this Act and the Scheme and the economic capacity of the State

Government, the unemployment allowance payable under sub-section

(1) shall be paid to the applicant at such rate as may be specified by

the State Government, by notification in the Official Gazette, in

consultation with the Central and State Councils:

Provided that such allowance shall not be less than one-fourth of

the wage rate for the first thirty days during the financial year and not

less than one-half of the wage rate for the remaining period of the

financial year.

(3) The liability of the State Government to pay unemployment allowance to the applicant during any financial year shall cease as soon as:—

(a) the applicant is directed by the Urban Local Body to report

for work; or

(b) the period for which employment is sought comes to an end

and the applicant had not turned up for employment; or

(c) the applicant has earned as much from the wages and unemployment allowance taken together which is equal to the wage for the length of employment he had sought during the financial year.

(4) The unemployment allowance payable to the applicant shall be sanctioned by the Programme In-Charge and disbursed by the Programme Officer.

(5) Every payment of unemployment allowance under sub-section (1) shall be made or offered not later than fifteen days from the date on which it became due for payment.

(6) The State Government may prescribe the procedure for payment of unemployment allowance under this Act.

Non-disbursement of unemployment allowance in certain circumstances.

10. (1) If the Programme Officer is not in the position to disburse the unemployment allowance in time or at all for any reason beyond his control, he shall report the matter to Programme In-Charge along with the reasons therefor in writing through a notice which shall be displayed on the notice board of the Urban Local Body.

(2) Every case of non-payment or delayed payment of unemployment allowance shall be reported in the annual report submitted by the Programme In-Charge to the State Government along with the reasons for such non-payment or delayed payment.

(3) The State Government shall take all measures to make the payment of unemployment allowance reported under sub-section (1) to the concerned applicant as expeditiously as possible.

11. An applicant who—

(a) does not accept the employment provided under a Scheme;

Disentitlement to receive unemployment allowance in certain circumstances.

(b) does not report for work, or communicate the reason thereof, within190 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ fifteen days of being notified by the implementing agency to report for the work; or

(c) continuously remains absent from work, without obtaining a permission from the concerned implementing agency for a period of more than three weeks or remains absent for a total period of more than three weeks in any month,

shall not be eligible to claim the unemployment allowance payable under this Act but shall be eligible to seek employment under any Scheme at any time.

CHAPTER IV

IMPLEMENTATION AND MONITORING AUTHORITIES

Central Employment Guarantee Council.

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

notification in the Official Gazette specify, there shall be constituted a

Central Employment Guarantee Council to discharge the functions,

and perform the duties, assigned to it by or under this Act.

(2) The headquarters of the Central Council shall be at New Delhi.

(3) The Central Council shall consist of the following members to be

appointed by the Central Government in such manner as may be

prescribed:—

(a) a Chairperson;

(b) five representatives of the Union Ministries including two

from Niti Aayog not below the rank of Joint Secretary to the

Government of India as may be determined by the Central

Government – Members ex-officio;

(c) one representative from each State Government as

nominated by the concerned State Government in such manner as

may be prescribed – Members;

(d) fifteen non-official members representing Urban Local

Bodies, organisations of workers and disadvantaged groups:

Provided that not less than one-third of the non-official

members appointed under this clause shall be women:

Provided further that not less than one-third of the non-

official members shall be belonging to the Scheduled Castes, the

Scheduled Tribes, the Other Backward Classes and Minorities;

(e) a Member-Secretary not below the rank of Joint

Secretary to the Government of India.

(4) The salary and allowances and other terms and conditions of

service of the Chairperson and members of the Central Council shall

be such as may be prescribed by the Central Government.

(5) The Central Council shall meet once in every three months.

(6) The Chairperson of the Central Council shall address the media and public after every meeting of the Central Council and disclose the matters discussed.

(7) The Central Government shall appoint such number of officers

and staff to the Central Council, as may be necessary for the efficient

discharge of its functions and duties under this Act, in such manner as

may be prescribed.

(8) The method of recruitment, salaries and allowances payable to,

and other terms and conditions of service of, the officers and staff, so

appointed under sub-section (7), shall be such as may be prescribed.

13. (1) The Central Council shall perform and discharge the following

functions and duties:—

Functions and duties of the Central Council.

(a) advise the Central Government on the ways to provide social security to the workers employed under the Scheme for the length of their employment within thirty days from the commencement of this Act;

(b) develop a scientific methodology to determine the wage rate for skilled and unskilled works for all States for each financial year after consultation with the Governments of the States, which shall be reviewed every year;

(c) establish a central evaluation and monitoring system and

review it periodically;

(d) monitor the implementation of this Act;

(e) advise the Central Government on all matters concerning the

implementation of this Act;

(f) promote the widest possible dissemination of information

about the Scheme made under this Act;

(g) prepare annual reports to be laid before Parliament by the

Central Government on the implementation of this Act;

(h) advise the Central Government on ways to improve the skill

of workers through training and certifications, and;

(i) any other duty or function as may be assigned to it by the

Central Government.

(2) The Central Council shall have the power to undertake evaluation of the various Scheme made under this Act and for that purpose collect or cause to be collected statistics pertaining to the urban economy and the implementation of the Scheme and recommend changes, as may be deemed necessary, to the State Governments.

State Employment Guarantee Council.

14. (1) For the purposes of regular monitoring and reviewing the

implementation of this Act at the State level, every State Government,

shall by notification in the Official Gazette, constitute a State Council

to be known as the "(name of the State) Employment Guarantee

Council".

(2) The State Council shall consist of a Chairperson and such number

of official members, as may be appointed by the State Government in

such manner as may be prescribed and with not more than fifteen

non-official members, to be nominated by the State Government, from

Urban Local Bodies, organisations of workers and disadvantaged

groups, in such manner as may be prescribed:

Provided that not less than one-third of the non-official members

nominated under this sub-section shall be women:

Provided further that not less than one third of the non-official members shall be belonging to the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes and Minorities.

(3) The salary and allowances and other terms and conditions of

service of the Chairperson and members of the State Council shall be

such as may be prescribed by the State Government.

(4) The procedure with regard to transaction of business of the State Council including the frequency and place of its meetings, quorum at such meetings etc. shall be such as may be prescribed by the State Government.

(5) The State Government shall appoint such number of officers and

staff to the State Council, as may be necessary for the efficient

discharge of its functions and duties under this Act, in such manner as

may be prescribed.

(6) The method of recruitment, salaries and allowances payable to,

and other terms and conditions of service of, the officers and staff, so

appointed under sub-section (5), shall be such as may be prescribed.

15. (1) The State Council shall perform and discharge the following functions

and duties:—

Functions and duties of the State Council.

(a) establish an evaluation and monitoring system and review it

periodically;

(b) monitor the implementation of this Act;

(c) advise the State Government on all matters concerning the

implementation of this Act;

(d) promote the widest possible dissemination of information

about the Schemes made under this Act;

(e) prepare annual reports to be laid before the State legislature

by the State Government on the implementation of this Act;

(f) advise the State Government on ways to improve the workers

skills through training and certifications;

(g) advise the State Government on wage rate for different kind

of works, and;

(h) any other duty or function as may be assigned to it by the

State Government.

(2) The State Council shall have the power to undertake evaluation of the various Scheme made under this Act and for that purpose collect or cause to be collected statistics pertaining to the urban economy and the implementation of the Scheme and Programmes in the State.

16. (1) The Urban Local Bodies shall be the principal authorities for planning

and implementation of the Scheme made under this Act.

(2) The functions of the Urban Local Bodies shall be to:—

Principal authorities for planning and implementation of schemes.

(a) publish skilled and unskilled job requirements for the period of not less than ninety days on the notice board of the Urban Local Body and their respective website, if applicable;

(b) help register and approve micro, small and medium

enterprises to be part of the scheme;

(c) get police verification of all the applicants who get employed

under the scheme;

(d) link unskilled workers with the e-shram portal;

(e) carry out such other functions as may be assigned to it by the

State Council, from time to time.

(3) The Urban Local Bodies shall ensure that the works taken up under the Scheme shall meet the required technical standards and measurements.

Programme In-Charge.

17. (1) The Municipal Commissioner or the Chief Executive Officer of the Urban Local Body or an officer of appropriate rank, as the State Government may decide, shall be designated as the Programme In-Charge.

(2) The role of Programme In-Charge shall be as follows:—

(a) appoint the programme officer(s);

(b) finalise and approve ward wise projects to be taken up under a

programme under the Scheme;

(c) finalise and approve micro, small and medium enterprises that

would be a part of the scheme;

(d) finalise and approve schools that would be a part of the

scheme;

(e) supervise and monitor the projects taken up at the ward level

and the area that comes under his/her jurisdiction;

(f) carry out such other functions as may be assigned to him/her by

the State Council, from time to time.

(3) The Programme In-Charge shall prepare in the month of December every year, a budget for the next financial year containing the details of anticipated demand of the scheme and funds required for different works.

(4) The State Government shall delegate such administrative and financial powers to the Programme In-Charge as may be required to enable him/her to carry out the functions assigned under this Act.

District Programme Coordinator.

18. (1) The Collector of the district or any other district level officer of appropriate rank, as the State Government may decide, shall be designated as the District Programme Coordinator for the implementation of the Scheme in the district.

(2) The District Programme Coordinator shall be responsible for the implementation of the Scheme in the district in accordance with the provisions of this Act and the rules made thereunder.

(3) The role of District Programme Coordinator shall be to:—

(a) accord necessary sanction and administrative clearances,

wherever necessary, in such manner as may be prescribed;

(b) coordinate with the Programme In-Charge and Programme Officers functioning within his jurisdiction and the implementing agencies to ensure that the applicants are provided employment as per their entitlements under this Act;

(c) review and monitor the performance of the Programme In-

Charge and the Programme Officers;

(d) conduct periodic inspection of the works in progress;

(e) redress the grievances of the applicants;

(f) present a status report on the functioning of all the Urban Local Bodies in the district under this Act to the State Council in every one hundred and eighty days.

(g) ensure that regular social audits of all works within the jurisdiction of the Urban Local Body are carried out by the Programme In-Charge, in such form and manner as may be prescribed and that prompt action is taken on the objections raised in the social audit;

(4) The State Government shall delegate such administrative and financial powers to the District Programme Coordinator as may be required to enable him to carry out the functions assigned under this Act.

(5) The Programme Officer appointed under sub-section (1) of section 19 and all other officers of the State Government and local authorities and bodies functioning within the district shall be responsible to assist the District Programme Coordinator in carrying out his functions under this Act.

Programme Officer.

19. (1) The Programme In-Charge shall appoint a person, who is not

below the rank of a Block Development Officer, with such

qualifications and experience, as may be prescribed by the State

Government, as Programme Officer at the Urban Local Body level.

(2) Not more than five Programme Officers can be appointed in an Urban Local Body.

(3) The Programme Officer shall be responsible for matching the demand for employment with the employment opportunities arising in the area.

(4) The Programme Officer shall help the micro, small and medium enterprises to register and get them due approval to be part of the Scheme.

(5) The Programme Officer shall be responsible for ensuring that clean and hygienic sanitation facilities, drinking water and first-aid for all the applicants who get employment under the scheme are available at the place of work.

(6) The Programme Officer shall prepare a plan for the ward under his jurisdiction by consolidating the project proposals received from the residents of that area, as per their feasibility.

(7) The functions of the Programme Officer shall be to:—

(a) implement the projects taken up;

(b) allocate employment opportunities amongst the applicants and

ask them to report for work;

(c) sanction and ensure payment of unemployment allowance to

the eligible applicants;

(d) ensure prompt and fair payment of wages to all applicants who

are employed under the Act and are working in that urban area;

(e) deal promptly with all complaints that may arise in connection

with the implementation of the scheme within the urban area; and

(f) any other work as may be assigned to him by the Programme

In-Charge or the District Programme Coordinator.

(8) The Programme Officers shall function under the direction, control and superintendence of the Programme In-Charge.

Responsibilities of the State Governments.

20. The State Government shall make available to the District Programme Coordinator, the Programme In-charge and the Programme Officers, necessary staff and technical support as may be deemed necessary for the effective implementation of the Scheme.

21. The State Governments, shall make a dedicated portal where citizens can

Recommendation of Projects.

choose the Urban Local Body and recommend projects:

Provided that citizens with no internet access may recommend projects to the Programme Officer or the Programme In-Charge through a letter.

Grievance redressal mechanism.

22. The State Government, shall, by rules, prescribe an appropriate grievance redressal mechanisms at the ward level and the district level for dealing with any complaint by any person in respect of implementation of the scheme and the procedure for disposal of such complaints.

CHAPTER V

FINANCE AND AUDIT

Sharing of financial responsibilities.

23. (1) The Central Government and the State Governments shall have

concurrent responsibility for providing funds for implementing the

provisions of this Act.

(2) The Central Government shall prepare the estimates of capital and

recurring expenditure for the implementation of the provisions of the

Act.

(3) The Central Government shall provide to the State Governments,

as grants-in-aid of revenues, such percentage of expenditure referred

to in sub-section (2) as it may determine, from time to time, in

consultation with the State Governments.

Funding Pattern. 24. (1) Subject to the rules as may be made by the Central Government in

this behalf, in consultation with the State Governments, the Central

Government shall meet the cost of the following, namely:—

(a) the amount required for payment of wages for skilled and

unskilled applicants employed under the scheme;

(b) up to three-fourths of the material cost of the scheme;

(c) such percentage of the total cost of the scheme as may be

determined by the Central Government towards the administrative

expenses, which may include the salary and allowances of the

Programme Officers and supporting staff, and the administrative

expenses of the Central Council.

(d) such percentage of the total cost of the scheme as may be

determined by the Central Government as grants towards Urban

Local Bodies with more than twenty thousand applicants.

(2) The State Government shall meet the cost of the following, namely:—

(a) the cost of unemployment allowance payable under the

Scheme;

(b) one-fourth of the material cost of the Scheme including payment of wages to skilled and semi-skilled workers subject to the provisions of the Second Schedule;

(c) the administrative expenses of the State Council.

Transparency and accountability.

25. (1) The Programme In-Charge and all Programme Officers in the Urban Local Body shall be responsible for the proper utilisation and management of the funds placed at their disposal for the purpose of implementing the scheme.

(2) The State Government, may prescribe the manner of maintaining proper books and accounts of employment of the applicants employed under the scheme and the expenditure incurred in connection with the implementation of the provisions of this Act and the rules and scheme made there under.

(3) The State Government, may by rules, determine the arrangements to be made for the proper execution of the scheme and programmes under the Scheme and to ensure transparency and accountability at all levels in the implementation of the Scheme.

(4) All payments of wages and unemployment allowances shall be made directly to the adult concerned either digitally or through cash as per the rules made by the State Government:

Provided that applicants may be encouraged to choose digital payment methods and in case of cash transfers, at least two witnesses for each payment so made should be recorded in addition to the procedure prescribed by rules made by the State Government, as the case may be.

(5) If any dispute or complaint arises concerning the implementation of the Scheme, the aggrieved person may file a complaint in this regard to the Programme Officer in such form and manner as may be prescribed.

(6) The Programme Officer shall enter every complaint in a complaint register maintained by him in such form and manner as may be prescribed and shall dispose of the disputes and complaints within seven days of its receipt and in case it relates to a matter to be resolved by any other196 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ authority it shall be forwarded to such authority under intimation to the complainant:

Provided that if the Programme Officer is unable to find a suitable resolution within the stipulated seven days, the matter shall be referred to the Programme In-charge:

Provided further that if the Programme In-Charge is unable to find a suitable resolution within thirty days of receipt of the complaint, the matter shall be referred to the District Programme Coordinator.

Audit of Accounts.

26. (1) The Central Government may, in consultation with the Comptroller and Auditor General of India, prescribe appropriate arrangements for audit of the accounts of the Scheme at all levels.

(2) The accounts of the Scheme shall be maintained in such form and in such manner as may be prescribed by the State Government.

CHAPTER VI

MISCELLANEOUS

27. Whoever contravenes the provisions of this Act shall on conviction be

Penalty for non-compliance.

liable to a fine which may extend to fifty thousand rupees.

Power to delegate.

28. (1) The Central Government may, by notification, direct that the powers exercisable by it (excluding the power to make rules) may, in such circumstances and subject to such conditions and limitations, be exercisable also by the State Government or such officer subordinate to the Central Government or the State Government as it may specify in such notification.

(2) The State Government may, by notification, direct that the powers exercisable by it (excluding the power to make rules and Schemes) may, in such circumstances and subject to such conditions and limitations, be exercisable also by such officer subordinate to it as it may specify in such notification.

Power of Central Government to give directions.

29. (1) The Central Government may give such directions as it may consider necessary to the State Government, for the effective implementation of the provisions of this Act.

(2) Without prejudice to the provisions of sub-section (1), the Central Government may, on receipt of any complaint regarding the issue or improper utilisation of funds granted under this Act in respect of any Scheme if prima facie satisfied that there is a case, cause an investigation into the complaint made, and can suggest changes to the State Government:

Provided that the Central Government shall not stop the release of

funds to a State Government in any case.

Power to amend Schedules.

30. (1) If the Central Government is satisfied that it is necessary or expedient so to do, it may, by notification in the Official Gazette, amend the First or the Second Schedule and thereupon the First or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly.

(2) A copy of every notification made under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is made.

Protection of action taken in good faith.

45 of 2023.

31. No suit, prosecution or other legal proceedings shall lie against the District Programme Coordinator, Programme In-Charge and Programme Officer or any other person who is, or who is deemed to be, a public servant within the meaning of sub-section (2) of section 28 of the Bharatiya Nyaya Sanhita, 2023, in respect of anything which is in good faith done or intended to be done under this Act or the rules or Scheme made there under.

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

Power to make rules.

make rules for carrying out the purposes of this Act.

(2) Each State Government may, by notification in the Official Gazette, and subject to the conditions of previous publication, and consistent with this Act and the rules made by the Central Government, make rules to carry out the provisions of this Act.

Laying of rules and schemes.

33. (1) Every rule made by the Central Government 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 have 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.

(2) Every rule or Scheme made by the State Government under this Act shall, as soon as may be after it is made, be laid before each House of the State Legislature where it consists of two Houses, or where such legislature consists of one House, before that House.

Power to remove difficulties.

34. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

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

expiry of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

THE FIRST SCHEDULE

[See section 4(3)]

MINIMUM FEATURES OF URBAN EMPLOYMENT GUARANTEE SCHEME

1. The focus of the Scheme shall be on the following works:-

(i) provide micro, small and medium enterprises skilled labour;

(ii) use skilled labour to improve learning outcomes or skill

development of students in schools;

(iii) help assisting works carried out by urban local bodies;

(iv) help conduct different surveys by central and state

governments;

(v) water conservation and water harvesting works;

(vi) drought proofing (including afforestation and tree plantation);

(vii) land development;

(viii) flood control and protection works including drainage in

water logged areas;

(ix) rural connectivity to provide all-weather access; and

(x) any other work which may be notified by the Central

Government in consultation with the State Government.

2. Ensure the social rights of urban poor.

3. Creation of durable assets and strengthening the livelihood resource base

of the urban poor.

4. Provide decent working conditions with livable wages which shall be

reviewed every year to counter inflation.

5. The State Council shall prepare a list of preferred works for different areas

based on their ability to create durable assets.

6. The Scheme shall be subject to appropriate arrangements as may be laid down by the State Government under the rules issued by it for proper

maintenance of the public assets created under the Scheme.

7. Under no circumstances shall the labourers be paid less than the wage rate

as determined by the Central Council or as provided in the Act.

8. The Scheme shall not permit engaging any contractor for implementation

of the projects under it.

9. Every Scheme shall contain adequate provisions for ensuring transparency

and accountability at all level of implementation.

10. Provisions for regular inspection, supervision and feedback from owners of micro, small and medium enterprises, school principals and residents of works taken up and done by the applicant employed under the Scheme shall be made to ensure proper quality of work as well as to ensure that the total wages paid for the completion of the work is commensurate with the quality, quantity and satisfaction of work done.

11. The District Programme Coordinator, the Programme In-Charge and the Programme Officer shall prepare annually a report containing the facts and figures and achievements relating to the implementation of the Scheme within their jurisdiction and a copy of the same shall be made available to the public on demand and on payment of such fee as may be specified in the Scheme.

THE SECOND SCHEDULE

[See sections 5 and 24(2)]

CONDITIONS FOR GUARANTEED URBAN EMPLOYMENT UNDER A SCHEME

AND MINIMUM ENTITLEMENTS OF LABOURERS

1. The adult members of every household who:-

(a) reside in any urban areas; and

(b) are willing to do unskilled and skilled work,

may submit their names, age and the address of the household to the Urban

Local Body of which they reside for registration and issuance of a job

card.

2. First preference regarding the employment opportunities shall be given to women, Scheduled Castes, Schedule Tribes, Other Backward Classes and Minorities.

Provided that priority shall be given to women in such a way that at least one-third of the beneficiaries shall be women who have registered and requested for work under this Act.

3. It shall be the duty of the Programme Officer to register the applicant and get police verification done, after making such enquiry as it deems fit and issue a job card containing such details of adult members of the household affixing their photographs and Aadhar card number, as may be specified by the State Government in the Scheme.

4. The registration made under paragraph 3 shall be for such period as may be laid in the Scheme, but in any case not less than five years, and may be renewed from time to time.

5. Every adult member of a registered household whose name appears in the job card shall be entitled to apply for unskilled and skilled work under the Scheme.

6. All registered adults shall be entitled to employment in accordance with the Scheme made under the provisions of this Act, for as many days as each applicant may request.

7. The Programme Officer shall ensure that every applicant referred to in paragraph 6 shall be provided skilled or unskilled work in accordance with the provisions of the Scheme within fifteen days of receipt of an application or from the date he seeks work in case of advance application, whichever is later:

8. Applications for work must be for at least fourteen days of continuous

work.

9. Applications for work may be submitted in writing either to the

Programme Officer, as may be specified in the Scheme.

10. The Programme Officer, as the case may be, shall be bound to accept valid applications and to issue a dated receipt to the applicant. Group applications may also be submitted.

11. Applicants who are provided with work shall be so intimated in writing, by means of a letter sent to himat the address given in the job card and by a public notice displayed at the Urban Local Body.

12. As far as possible, employment shall be provided within a radius of five

kilometres of the place where the applicant resides at the time of applying.

13. In cases the employment is provided outside such radius, it must be provided within the jurisdiction of the Urban Local Body, and the worker200 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ shall be paid ten per cent of the wage rate as extra wages to meet additional transportation expense.

14. In all cases where unemployment allowance is paid, or due to be paid, the Programme Officer shall inform the Programme in Charge and the District Programme Coordinator in writing the reasons as to why it was not possible for him to provide employment or cause to provide employment to the applicants.

15. The District Programme Coordinator shall, in his half yearly report to the State Council, explain as to why employment could not be provided in cases where payment of unemployment allowance is involved.

16. Provision shall be made in the Scheme for advance applications, that is, applications which may be submitted in advance of the date from which employment is sought.

17. The Programme Officer in the Urban Local Body shall prepare and maintain or cause to be prepared and maintained such registers, vouchers and other documents in such form and in such manner as may be specified in the Scheme containing particulars of job cards and passbooks issued, name, age and address of the applicant.

18. A list of adults, who are provided with the work shall be displayed on the notice board of the Urban Local Body and at such other places as the Programme in Charge may deem necessary and the list shall be open for inspection by the State Government, and any person interested.

19.

If the Programme Officer is satisfied at any time that an adult has registered with it by furnishing false information, it may direct the Programme In-Charge to direct his name to be struck off from the register and direct the applicant to return the job card:

Provided that no such action under this paragraph shall be directed unless the concerned has been given an opportunity of being heard in the presence of two independent persons.

20. If any personal injury is caused to any adult employed under the Scheme by accident arising out of and in the course of his employment, he shall be entitled to, free of charge, such medical treatment as is admissible under the Scheme

21. Where hospitalisation of the injured worker is necessary, the State Government shall arrange for such hospitalisation including accommodation, treatment, medicines and payment of daily allowance not less than half of the wage rate required to be paid had the injured been engaged in the work.

22. If an adult employed under a Scheme dies or becomes permanently disabled by accident arising out of and in the course of employment, he shall be paid by the implementing agency an ex-gratia payment at the rate of one lakh rupees or such amount as may be notified by the Central Government, and the amount shall be paid to the legal heirs of the deceased or the disabled, as the case may be.

23. In case the number of children below the age of six years accompanying the worker at any employment area are five or more, provisions shall be made to depute one worker to look after such children.

24. The person deputed under paragraph 23 shall be paid wage rate.

25. In case the payment of wages is not made within the period specified under the Scheme, the workers shall be entitled to receive payment of compensation as per the provisions that shall be created by the Central Council.

26. The wages under a Scheme may be paid by the method decided by

respective State Governments.

27. If any personal injury is caused by accident to a child accompanying any adult, who is employed under a Scheme, such adult shall be entitled to, free of charge, such medical treatment for the child as may be specified in the Scheme and in case of death or disablement, through an ex-gratia payment as may be determined by the State Government.

28. In case of every employment under the Scheme, there shall be no discrimination solely on the ground of gender and the wage rate determined by Central Council, shall be complied with.

29. The applicants who shall be employed under the Scheme can take two leaves per month other than the National holidays after informing the Programme Officer and their concerned supervisor.

30. The Programme Officer should ensure that Workplace benefits tailored to job requirements, including rest areas, sanitation facilities, drinking water, first-aid stations, and child-care support, if applicable are provided.

31. No worker shall work for more than eight hours and six days a week

continuously.

STATEMENT OF OBJECTS AND REASONS

Unemployment remains one of the most pressing and persistent challenges, affecting the livelihoods of millions and constraining the economic growth of the country. According to the International Labour Organisation, one in three young people is neither in education, employment, nor training, with women constituting ninety-five per cent. of this group. Further, the Economic Survey 2023-24 highlighted that half of college graduates are not immediately employable, and only 4.4 per cent. of the youth workforce possesses formal skills.

This persistent problem has become highly sensitive and severe. A testimony to this, is the fact that over forty thousand graduates and postgraduates, along with more than one lakh individuals with education up to Class XII, applied for contractual sanitation worker positions in Haryana. Data from the National Crime Record Bureau indicates that a person commits suicide every three hours due to unemployment in the country. While seventy to eighty lakh youth enter the labour force every year, India is said to be experiencing a demographic dividend. However, this demographic dividend may soon turn into a demographic liability if enough jobs are not created.

The Periodic Labour Force Survey (PLFS) 2023-24 reveals a disheartening reality: the youth unemployment rate has stagnated at ten per cent. country wide since last year, but urban areas are facing an even graver crisis. Urban youth unemployment stands at 14.7 per cent.

While there is a policy that seeks to provide hundred days of guaranteed employment in rural areas, there is no comprehensive national policy to address urban unemployment. The Union Government introduced an Employment Linked Incentive (ELI) scheme to deal with the problem in this budget session. However, the per company load of hiring four thousand interns every year and training them may not lead to desired results. Further, ELI as a scheme neglects the role of the States and the spirit of cooperative federalism. Thus, there is a need to create a comprehensive national policy addressing urban unemployment with States actively involved in the process.

Considering the complexities of urban areas, the policy needs to take into consideration different factors like implementing agency, work permitted, worker registration and police verification, grievance redressal, eligibility criteria keeping in mind the fluid movement of people from rural to urban areas and vice versa, length of contract, wage rates, benefits, learning aspects, contract termination, working conditions, and most importantly providing the job seekers with a fair chance for a more long term sustained employment.

Eleven states in India have implemented schemes that aim at generating urban employment, either through employment guarantee programs or community work initiatives.

Various academicians and the 25threport of the Parliamentary Standing Committee on Labour recommended that "There is an imperative need for putting in place an Employment Guarantee Programme for the urban workforce in line with MGNREGA." Further, this would be in line with the Article 41 of the Constitution. Even though the article is a Directive Principle of State Policy, it urges the State to make effective provisions for the right to work, education, and public assistance within its economic capacity in cases of unemployment, old age, sickness, disablement, and in other unwanted circumstances. Introducing an urban unemployment guarantee program would support the Right to Livelihood, which the judiciary has interpreted as an essential aspect of the Right to Life.

This Bill aims to offer flexibility to both skilled and unskilled workers. Different types of work will have different length of contracts. This will help both unskilled and skilled workers to maintain fluidity of movement as well as provide them with the option to learn a new skill while performing their jobs. Moreover, the workers will have the option to work with micro, small and medium enterprises (MSMEs) and schools for a year to enhance their long term employment opportunity.

The Bill further seeks to empower women, Scheduled Castes, Scheduled Tribes, Other Backward Classes and Minorities by prioritising their employment and representation in Central as well as State Councils. The bill features broad eligibility criteria to ensure accessibility for all and requires the Central Council to develop a scientific methodology, considering various input factors, in consultation with the states to determine wage rates. These rates will be reviewed annually to keep pace with inflation.

Additionally, the Bill mandates the Central Council to propose methods for converging different government schemes to provide social security for workers registered under this scheme. It also requires the Union government to act on the recommendations made by the Central Council within thirty days.

The Bill includes provisions for compensation if the sought employment is not provided and establishes checks and balances at the district level through district coordinator, along with rules set by the states. Additionally, it outlines specifications for working hours, holidays, working conditions, and terms for contract termination.

The Bill seeks to achieve the above-mentioned objectives.

DEREK O'BRIEN.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides that the State Government shall, in such urban areas in the State, as may be notified by the Central Government, provide to every adult skilled and unskilled work for not less than ninety days in a financial year in accordance with the Scheme. Clause 9 provides that if an applicant for employment under the Scheme is not provided employment within fifteen days of receipt of his/her application, he/she shall be entitled to a daily unemployment allowance. Clause12 provides for the constitution of a Central Employment Guarantee Council with a Chairperson and Members and for the appointment of officers and staff thereto as deemed necessary by the Central Government as well as for the salaries and allowances payable to them and the terms and conditions of their service. Clause 14 provides for the constitution of State Employment Guarantee Council with a Chairperson and Members and for the appointment of officers and staff thereto as deemed necessary by the Central Government as well as for the salaries and allowances payable to them and the terms and conditions of their service. Clause 19 provides for the appointment of a Programme Officer at the Urban Body level. Clause 23 of Bill provides that the Central Government and the State Government shall make available funds for implementing the provisions thereof and that the Central Government shall prepare the estimates of capital and recurring expenditure and provide to the State Governments, as grants-in-aid of revenues, such percentage of expenditure as it may determine from time to time, in consultation with State Governments. Sub-section (1) of Clause 24 provides that the Central Government shall meet the amount required for payment of wages for skilled and unskilled applicants employed under the scheme, up to three-fourths of the material cost of the Scheme, administrative expenses of the Programme Officers and his supporting staff and of the Central Council and grants towards Urban Local Bodies with more than twenty thousand applicants. The expenditure in relation to States shall be borne by the State Government concerned. However, the expenditure in relation to Union Territories shall be borne by the Central Government.

The Bill, therefore, if enacted, would involve both recurring and non-recurring expenditure from the Consolidated Fund of India. However, it is not possible to estimate the exact quantum of recurring and non-recurring expenditure likely to be involved at this stage.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 32 of the Bill empowers the Central Government and State Government to make rules for carrying out the purposes of the Bill. Clause 34 provides that the Central Government may, make such provisions, by order, as may be necessary for removing any difficulty to give effect to the provisions of this Bill.

As the matters in respect of which rules or orders may be made are matters of procedure and administrative detail only, the delegation of legislative power is, therefore, of a normal character.

XXV

Bill No. XXI of 2025

A Bill further to amend the Right of Children to Free and

Compulsory Education Act, 2009.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:–

1. (1) This Act may be called the Right of Children to Free and Compulsory

Short title and commencement.

Education (Amendment) Act, 2025.

(2) It shall come into force at once.

Amendment of section 2.

35 of 2009.

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 theSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 207 ____________________________________________________________________ ____________________________________________________________________ expected level of learning that children should achieve for each class, as may be prescribed."

3. In section 8 of the principal Act, after clause (i), the following clause shall

Amendment of section 8.

be inserted, namely,-

"(j) ensure yearly evaluation of learning outcomes of each class and subject as required."

Amendment of section 18.

4. In section 18 of the principal Act, in sub-section (1), the words "other than a school established, owned or controlled by the appropriate Government or the local authority" shall be omitted.

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 some flaws 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.

The Bill seeks to achieve the above objectives.

DEREK O'BRIEN.

XXVI

Bill No. LVII of 2025

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2025.

Short title and commencement.

(2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.

2. In article 107 of the Constitution:—

Amendment of article 107.

(i) for clause (2), the following shall be substituted, namely:—

"(2) Subject to the provisions of articles 108 and 109, a Bill shall not be deemed to have been passed by the Houses of Parliament unless it has––

(a) undergone a minimum period of thirty days of public pre-legislative consultation in all official languages, as may be prescribed by Parliament by law and the rules framed thereunder, if any;

(b) been scrutinised by a Parliamentary

Committee; and

(c) been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses."

(ii) after clause (2), the following new clause shall be inserted,

namely: —

"(2A) Parliament shall, by law, provide for post- legislative public consultation and review, including the participation of citizens and relevant Parliamentary Committees, to assess the effectiveness, implementation, and impact of laws passed by the Parliament:

Provided that such review shall be conducted not later than six months of enactment of the Act and at periodic intervals thereafter, as may be prescribed, and its findings shall be laid before both Houses of Parliament."Sec-2] THE GAZETTE OF INDIA EXTRAORDINARY 211 ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

Comprehensive parliamentary oversight is required for effective lawmaking. However, the increasing complexity and wide remit of the Parliament very often means that a thorough discussion of Bills is seldom possible on the floor of the House. For instance, during the 17th Lok Sabha, 35 per cent. of the Bills introduced in Lok Sabha and 34 per cent. of the Bills introduced in Rajya Sabha were passed with less than half an hour of discussion.

Parliamentary committees provide a platform for in-depth scrutiny of Bills, ensuring greater accountability and transparency. The Committees also facilitate meaningful consultation with experts and stakeholders on the Bills. However, there has been a substantial decline in the referral of Bills to Parliamentary Committees. The 16th and 17th Lok Sabhas saw only 28 per cent. and 16 per cent. respectively of Bills, being referred to Committees as against 60 per cent. and 71 per cent. of Bills in the 14th and 15th Lok Sabha respectively. So far, out of the 20 Bills introduced in the 18th Lok Sabha, only 4 have been referred to a Parliamentary Committee.

The National Commission to Review the Working of the Constitution has recommended referring all Bills to the Departmentally Related Parliamentary Standing Committees for better legislative oversight and quality. Upholding the sanctity of the legislative process in a representative democracy calls for a careful examination of all proposed legislation. Incorporating a provision in the Constitution itself to ensure mandatory scrutiny of all Bills by Parliamentary Committees prior to their passage by the Parliament will ensure more detailed and informed deliberation on a Bill and will also serve to ensure greater executive accountability to the Parliament.

In 2014, the Pre-Legislative Consultation Policy (PLCP) was introduced by the Ministry of Law and Justice with the objective of enhancing transparency, accountability, and public participation in the legislative process. The policy mandates that all Ministries and Departments place draft legislation in the public domain for at least 30 days, along with explanatory notes, to enable informed public feedback before submission for Cabinet and Parliamentary consideration.

Paragraph 11 of the PLCP allows Ministries and Departments significant discretion to bypass the policy's requirements if they deem public consultation to be "not feasible" or "undesirable". This broad exemption creates a major loophole that undermines the very purpose of the policy.

Comparative constitutional frameworks offer valuable lessons in—

A) Pre-legislative Consultation

In South Africa, the Constitution mandates that all proposed legislation undergo a process of meaningful public engagement prior to enactment. This requirement is not merely procedural but substantive, and failure to comply renders the law unconstitutional, as affirmed by the Constitutional Court.

Similarly, in South Korea, public participation has been institutionalized through legal provisions that require all draft legislation to be published at least 20 days in advance of introduction in the legislature. This ensures sufficient time for public scrutiny, feedback, and deliberation.

B) Post- Legislative Consultation

Australia excels in post-legislative consultation due to its use of sunset clauses, which mandate reviews of laws to assess their effectiveness. The Office of Impact Analysis conducts transparent post- implementation reviews, incorporating stakeholder feedback and publishing outcomes. Public consultation is accessible through platforms, ensuring broad participation and clear documentation.

Canada's legislative framework also includes sunset clauses for certain laws, requiring periodic evaluation with public input. Parliamentary committees lead post-legislative scrutiny, engaging citizens and experts to assess impacts. Reports on law performance are shared publicly.

The United Kingdom has a strong post-legislative scrutiny system, led by Committees that review laws three to five years post- enactment.

Adopting a stronger, enforceable consultation framework would not only align India with global best practices but also reinvigorate public trust and democratic engagement in the legislative process.

In a democratic republic, the legitimacy of lawmaking derives not only from elected representation but also from public participation, transparency, and accountability. While Article 107 of the Constitution governs the introduction and passage of Bills in Parliament, it does not explicitly require public consultation or post-legislative evaluation, both of which are critical in ensuring that laws serve the people effectively and remain adaptable to social realities.

Recent experiences in legislation have highlighted the need for institutionalizing pre-legislative public consultation, so that stakeholders, civil society, and citizens have an opportunity to scrutinize and provide input on proposed laws. This ensures that the legislative process is not only procedurally valid but also democratically robust.

Further, there is a growing recognition that post-legislative review mechanisms are essential to assess the impact, implementation, and unintended consequences of laws, allowing Parliament to make timely amendments or repeals where necessary. This will enhance the overall quality and responsiveness of legislation.

Accordingly, this Amendment Bill seeks to:

1. Make scrutiny of all Bills by Parliamentary Committees

mandatory prior to their passing by Parliament;

2. Mandate a minimum thirty-day public consultation period

before any Bill can be considered validly passed by Parliament; and

3. Introduce a framework for post-legislative evaluation through

public and committee-based reviews.

These measures will strengthen democratic governance, increase transparency, and ensure that laws are not only made in the name of the people but also with their informed participation and ongoing oversight.

Hence, this Bill.

DEREK O'BRIEN.

XXVII

Bill No. XXVIII of 2025

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

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:―

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

Short title and commencement.

Act, 2025.

(2) It shall come into force at once.

21 of 2000.

2. In the Information Technology Act, 2000, after section 43A, the

following new section shall be inserted, namely:—

Insertion of new section 43B.

"43B. (1) Any person or entity either operating a digital service platform or providing a digital service or both, including but not limited to mapping, navigation, or automated route guidance services or apps, shall ensure accuracy and reliability of the information so provided, in such manner as may be prescribed.

Liability of digital service providers for inaccurate or misleading technological guidance and compensation for faulty algorithm, misleading data, incorrect mapping etc.

(2) Where any digital service provider, such as a navigation app, is found to be negligent in providing accurate and reliable information due to its faulty algorithm, misleading data, or incorrect mapping and the misleading or inaccurate navigation guidance results in bodily harm, injury, or death, of any user of such services, such service provider shall be liable to pay compensation up to twenty-five lakh rupees to the person so affected or to the legal heir and shall also in addition be liable to the criminal liability under the existing laws for the time being in force.

Explanation:― For the purposes of this section,––

(a) digital service provider includes any individual, private agency, private company, partnership firm, sole proprietor firm or any such other body or agency which has been granted permission by the appropriate Government to offer services through digital or electronic means in accordance with the policy governing such service sector; and

(b) navigation app means an application that provides navigational directions in real time and includes any mapping app, Global Positioning System or navigation system.

(3) The liability under sub-section (2) shall not be excluded solely on the basis of a general disclaimer accepted by the user, unless the provider demonstrates that—

(a) the erroneous guidance resulted from force majeure

conditions beyond reasonable technological control; or

(b) the user was sufficiently warned of the risk and expressly

disregarded safety advisories in reliance on such information."Sec-2] THE GAZETTE OF INDIA EXTRAORDINARY 215 ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

Recently, two 29-year-old doctors lost their lives in Kerala, India, when their car plunged into the Periyar River while following a route recommended by Google Maps. This tragic event highlights the perilous outcomes of over-reliance on technology. In a similar incident, three individuals enroute to a wedding in Bareilly, Uttar Pradesh, also fell into a river while adhering to Google Maps' guidance. This serves as a reminder that the information provided by Google Maps is not always reliable and can sometimes lead users astray. Furthermore, a family from Bihar inadvertently found themselves in the forests of Karnataka after using Google Maps for directions to Goa. In the 2011 case of Rosenberg vs. Harwood in the United States, a district court in Utah dismissed a woman's lawsuit after she was hit by a vehicle while trying to cross a busy road, which she navigated using Google Maps. The woman sued both Google and the driver, but the Court determined that there was no direct legal relationship between her and Google. In India, incidents resulting from inaccurate Google Maps data are becoming a significant concern. As technology has advanced, more people are relying on Google Maps on their smartphones for navigation. However, accidents can sometimes occur due to erroneous information or directions provided by the app. According to Section 43A of the Information Technology Act, 2000, all organizations must take reasonable measures to ensure the security and accuracy of their users' data.

The use of navigation apps is growing rapidly each year; however, there is a significant gap in legal regulations to guarantee their accuracy. To improve traveller safety, it is crucial to revise the provisions of the IT Act. Therefore, this Bill seeks to fix liability on the part of the digital service provider, such as a navigation app, if it is found to be negligent in providing reliable and accurate information due to its faulty algorithm, misleading data, or incorrect mapping, resulting in bodily harm, injury, or death of the user concerned and to pay suitable compensation to the persons affected.

Hence, this Bill.

AJEET MADHAVRAO GOPCHADE.

XXVIII

Bill No. XLII of 2025

A Bill to regulate the collection, testing, processing, storage, distribution,

issuance, and transfusion of human blood and blood components, so as to

ensure health protection and prevention of transfusion-transmissible diseases

and to establish national standards for safe blood collection, transfusion

and management and imposing penalties for non-compliance

and for matters connected therewith

or incidental thereto.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India as follows,—

1. (1) This Act may be called the National Blood Transfusion Act, 2025.

Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

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

(a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government;

(b) "Authority" means the National Blood Transfusion Authority

established under section 3;

(c) "blood" means whole human blood collected from a donor and

intended for transfusion;

(d) "blood centre" means any facility engaged in collection, testing, processing, storage, or distribution of blood or blood components;

(e) "blood component" means any therapeutic constituent of blood including red cells, white cells, platelets and plasma, separated by physical or mechanical means;

(f) "hemovigilance" means surveillance of adverse effects

associated with transfusion of blood and blood components;

(g) "Member" means Member of the Authority established under

section 3;

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

and

(i) "transfusion medicine" means branch of medicine that encompasses all aspects of the transfusion of blood and blood components including aspects related to hemovigilance.

Establishment of the National Blood Transfusion Authority.

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

constitute an Authority to be known as National Blood Transfusion

Authority to exercise the powers conferred on and to perform the

functions assigned to it, under this Act.

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.

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

(4) The Authority may, in consultation with the Central Government,

establish its office(s) at such other places within the country, as it may

deem necessary, for carrying out the purposes of this Act.

(5) The Authority shall regulate its own procedure with regard to transaction of its business and may, for this purpose, issue regulations.

4. (1) The Authority shall consist of the following, namely,—

Composition of the Authority.

(a) the Secretary or an Additional Secretary, Union Ministry of

Health and Family Welfare, so nominated on his behalf —

Chairperson, ex-officio;

(b) the Director General of Health Services under the Union

Ministry of Health and Family Welfare—President, ex-officio;

(c) the Deputy Director General under the Union Ministry of

Health and Family Welfare—Director, ex-officio;

(d) the Additional Director General of Health Services under

the Ministry of Health and Family Welfare, to be nominated by the

Central Government in such manner as may be prescribed —

Secretary, ex-officio;

(e) the National Mission Director, National Health Mission—

Member, ex-officio;

(f) the Additional Secretary and Financial Adviser, Union

Ministry of Health and Family Welfare—Member, ex-officio;

(g) the Drugs Controller General of India—Member, ex-officio;

(h) an officer of the rank of the Joint Secretary, Union Ministry

of Health and Family Welfare, to be nominated by the Central

Government in such manner as may be prescribed—Member ex-

officio;

(i) the Secretary, Indian Red Cross Society—Member, ex-

officio;

(j) the Director, National Institute of Biologicals—Member, ex-

officio;

(k) two Transfusion Medicine Experts from Government Blood

Centres, to be appointed by the Central Government in such

manner as may be prescribed—Members;

(l) one Transfusion Medicine Expert from a private Blood

Centre, to be appointed by the Central Government in such

manner as may be prescribed —Member;

(m) one Transfusion Medicine Expert from the Armed Forces

Blood Centre, to be appointed by the Central Government in such

manner as may be prescribed —Member;

(n) one representative from the National Medical Commission

to be nominated by the Central Government in such manner as

may be prescribed —Member;

(o) two representatives from national-level Voluntary Blood

Donor Organisations to be appointed by the Central Government

in such manner as may be prescribed —Members;

(p) one representative from a State Blood Transfusion Council,

to be appointed by the State Government on rotation basis from

all the States—Member; and

(q) such other members, not exceeding three, as may be

nominated by the Central Government in such manner as may be

prescribed, having expertise in the field of blood transfusion or

public health.

(2) The term of office of, the salary and allowances payable to, and other

terms and conditions of service of the Chairperson and Members, of the

Authority shall be such as may be prescribed.

5. The Authority shall perform all or any of the following functions, namely: —

Functions of the Authority.

(a) lay down policies and national standards for collection, testing, processing, storage, distribution and transfusion of blood and blood components;

(b) regulate and monitor the activities of all blood centres in the country and ensure compliance with safety norms and ethical standards and guidelines and for this purpose to conduct inspection of blood centres, from time to time;

(c) prescribe the safety norms, ethical standards and guidelines in donor recruitment, blood collection and transfusion practices and the protocols for quality assurance and internal audits;

(d) establish a national hemovigilance programme;

(e) promote voluntary blood donation through coordinated

national campaigns;

(f) oversee research and training in transfusion medicine;

(g) advise the appropriate Government in matters relating to

blood transfusion services;

(h) investigate into any adverse events related to blood transfusion as reported by the blood centres to determine the causes and recommend and implement corrective measures, in consultation with the appropriate Government under whose territorial jurisdiction the blood centre falls:

Provided that the information regarding such adverse events shall be treated with confidentiality, ensuring the privacy of donors and recipients;

(i) investigate into the complaints regarding non-compliance or

violation of the provisions under this Act; and

(j) perform such other functions, as may be assigned by the

Central Government.

Authority to have powers of a Civil Court.

6. The Authority shall, while investigating any matter referred to it under clauses (h) and (i) of section 5, have all the powers of a Civil Court in 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;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any

court or office;

(e) issuing commission for the examination of witnesses and

documents; and

(f) any other matter which may be prescribed.

Officers and staff of the Authority.

7. (1) The Central Government may appoint such number of officers and

staff to the Authority, as may be necessary for the efficient discharge of

its functions under this Act.

(2) The method of recruitment, the salaries and allowances payable to,

and other terms and conditions of service of, the officers and staff, so

appointed for the purpose of the Authority shall be such as may be

prescribed.

Members, officers and staff of the Authority to be public servants.

45 of 2023.

8. All members, officers and staff of the Authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of sub-section (2) of section 28 of the Bharatiya Nyaya Sanhita, 2023.

9. The appropriate Government shall consult the Authority on all policies related

to blood transfusion and related matters.

Appropriate Government to consult the Authority.

10. No person shall establish or operate any blood centre, after the commencement

of this Act, unless such centre is registered under the provisions of this Act.

Prohibition on operation without registration.

Application for registration.

11. (1) Every person intending to establish or operate a blood centre shall make an application to the Authority in such form and manner and accompanied by such fee as may be prescribed:

23 of 1940.

Provided that all blood centres established or operating under a valid licence granted under the Drugs and Cosmetics Act, 1940, before the commencement of this Act, shall be deemed to be registered under the provisions of this Act for a period of one year from the date of commencement of this Act and shall apply for registration within one year from the date of commencement of this Act, failing which such blood centre shall cease to operate.

(2) The Authority shall, on receipt of an application under sub-section (1), cause such enquiry to be made and if satisfied that the applicant fulfils the prescribed standards and norms, register the blood centre and issue a certificate of registration in such form and manner, as may be prescribed.

(3) Every certificate of registration issued under sub-section (2) shall be valid for a period of five years from the date of issue and may, on an application made in that behalf in such form and manner and subject to such conditions as may be prescribed, be renewed for such period as may be prescribed.

Suspension and cancellation of registration.

12. (1) The Authority may either suspend or cancel the registration of any blood centre, if it is satisfied on an enquiry being made and after giving a reasonable opportunity of being heard, that—

(a) the centre has violated any provision of this Act or the rules

made thereunder; or

(b) the centre is being operated without complying with the standards prescribed and, in a manner, prejudicial to the health and safety of donors or recipients:

Provided that in case of severe or repeated violation of the provisions of this Act or the rules made thereunder, the registration shall be cancelled permanently, and such blood centre shall be prohibited from operating.

(2) The procedure for suspension or cancellation, the period for which registration may be suspended and the manner of preferring an appeal against such suspension or cancellation shall be such as may be prescribed.

Prohibition of unregistered operations.

13. Whoever establishes or operates a blood centre without obtaining registration, as provided under section 10, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to ten lakh rupees, or with both.

Adulteration or unsafe practices.

14. Whoever knowingly collects, processes, or transfuses blood or blood components, which is contaminated, adulterated or unsafe, shall be punishable with imprisonment for a term not less than two years but which may extend to five years, and with fine which shall not be less than five lakh rupees.

Penalty for non- compliance.

15. Any blood centre or person who contravenes any provision of this Act or the rules made thereunder, shall be liable to a penalty, which shall not be less than ten thousand rupees but which may extend to two lakh rupees.

Offences by Companies.

16. (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 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 purposes of this section–

(a) "company" means a body corporate, and includes a firm or

other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

17. All sums realised by way of penalties imposed under the provisions of this

Act, shall be credited to the Consolidated Fund of India.

Crediting sums realised by way of penalties to Consolidated Fund of India.

Central Government to provide funds.

18. The Central Government shall, after due appropriation made by

Parliament by law in this behalf, grant such sums of money to the

Authority, as it may think fit, for carrying out the purposes of this Act.

Accounts and audit.

19. (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Authority, as audited and 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 by the Authority to the Central Government, which shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament

Annual report. 20. (1) The Authority shall prepare every year, in such form and within such time as may be prescribed by the Central Government, an annual report giving a222 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government.

(2) The Central Government shall cause to be laid before each House of Parliament, the annual report along with a memorandum of action taken or proposed to be taken on the recommendations of the Authority and the reasons for non-acceptance of the recommendations, if any, within a period of one year from the date of receipt of such report.

(3) 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, cause to be laid before the State legislature concerned, such report 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 made therein, within a period of one year from the date of receipt of such report.

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

make rules, for carrying out the provisions of this Act.

Power to make rules and regulations.

(2) The Authority may, with the approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of implementing the provisions of this Act.

(3) Every rule made by the Central Government and every regulation made by the Authority 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 to remove difficulties.

22. (1) 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 such difficulty.

(2) Every order or direction made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Act not in derogation of any other law.

23. 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 and, in case of any inconsistency, the provisions of this Act shall have overriding effect on the provisions of any such law to the extent of the inconsistency.

STATEMENT OF OBJECTS AND REASONS

The availability of safe and adequate blood is an essential requirement of any modern health system. At present, regulation of blood transfusion services is governed by dispersed provisions under the Drugs and Cosmetics Act, 1940 and Rules made thereunder. In view of the growing needs for quality control, standardisation, voluntary donation, and oversight, it is necessary to enact a dedicated legislation to monitor and regulate blood transfusion services.

The Bill seeks to establish a National Blood Transfusion Authority with statutory powers to prescribe national standards for blood collection, processing, storage and transfusion; to ensure quality assurance through inspections and audits; to promote voluntary donation; and to provide for penalties for unsafe practices. It also mandates the registration of all blood centres and provides for coordinated responsibilities of the Central and State Governments.

Hence, this Bill.

AJEET MADHAVRAO GOPCHADE.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the establishment of the National Blood Transfusion Authority whereas Clause 4 provides for the composition of the Authority and the salaries and allowances payable to and other terms and conditions of service of the Chairperson and Members of the Authority. Clause 7 provides that the Central Government may appoint such number of officers and staff to the Authority as may be deemed necessary for its efficient functioning and for their salaries and allowances and other terms and conditions of their service. Clause 18 of the Bill provides that the Central Government shall provide adequate funds to the Authority as may be necessary for carrying out the purposes of the Act.

The Bill, therefore, if enacted, would involve both non-recurring and recurring expenditure from the Consolidated Fund of India. However, at this juncture, it is difficult to estimate the actual expenditure likely to be involved.

MEMORANDUM OF DELEGATED LEGISLATION

Clause 21 empowers the Central Government to make rules and the National Blood Transfusion Authority to make regulations, with the approval of the Central Government, to carry out the provisions of this Bill. Clause 22 provides that the Central Government may, make such order or give such direction, as may be necessary, for removing any difficulty to give effect to the provisions of this Bill.

As the rules, regulations, orders and directions will relate to matters of procedural and administrative details only, the delegation of legislative power is of a normal character.

XXIX

Bill No. LXX of 2025

A Bill to provide for the recognition of astrology as a scientific discipline, the

registration and regulation of astrologers through a statutory

Regulatory Authority, the promotion and development

of astrology, and the prevention of fraudulent

practices related thereto and for matters

connected therewith or

incidental thereto.

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

as follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Astrology (Regulation and Promotion) Act,

Short title and commencement.

2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

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

(a) "astrology" means the study of the movement and relative positions of celestial bodies in the zodiac belt as a means of understanding and interpreting their effects on human affairs and terrestrial events;

(b) "astrologer" means a person practicing astrology as a profession having obtained the minimum educational and professional qualifications or experience as may be prescribed under this Act;

(c) "Authority" means the Regulatory Authority for Astrology

established under section 6;

(d) "Code" means the Code of Professional Conduct and Ethics for Astrologers to be formulated and notified by the Authority under section 9;

(e) "Fund" means the Astrology Regulation and Promotion Fund

established under section 14;

(f) "fraudulent practice" means any act intended to deceive, misrepresent, exploit, or obtain undue advantage in the name of astrology;

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

and

(h) "Register" means the National Register of Licensed

Astrologers prepared and maintained under section 5.

CHAPTER II

RECOGNITION AND REGULATION OF THE STUDY

AND PRACTICE OF ASTROLOGY

3. Astrology is hereby declared as a scientific discipline of study, research, and practice concerning the effects of celestial bodies on human life and terrestrial phenomena.

Declaration of Astrology as a scientific discipline.

Curriculum and standards for astrology.

4. The Central Government shall, develop a curriculum and framework

for the study of astrology in educational institutions in the country, set

uniform standards for the practice of, and facilitate and promote

conduct of research in astrology in such manner as may be prescribed.

National Register of Licensed Astrologers.

5. (1) The Central Government shall, cause to be prepared and maintained, through the Authority established under section 7, a National Register of Licensed Astrologers containing the names, contact details, qualifications, place and mode of practice and such other details as may be specified, of persons qualified and recognized as astrologers, in such form and manner as may be prescribed.

47 of 2023.

(2) The Register shall be a public document, under section 74 of the Bharatiya Sakshya Adhiniyam, 2023 and shall be published on the website of the Authority for easy access of the general public, in such form and manner as may be prescribed.

(3) Any person practicing or desirous of practicing astrology as a profession in the country, in whichever form and manner as may be prescribed, shall mandatorily apply for registration and license to practice astrology as a profession, to the Authority, in such form and manner and within such time from the date of commencement of the Act, as may be prescribed.

(4) The applications so received shall be scrutinized by the Authority and if found in compliance with the conditions specified under this Act and the rules made thereunder, the applicant shall be issued a registration number228 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ along with a certificate of registration and license to practice astrology as a profession, in such form and manner as may be prescribed and his name shall be entered in the Register:

Provided that no such application shall be rejected without providing the applicant with clear reasons thereof in writing and a reasonable opportunity of being heard:

Provided further that such registration and license shall be valid for such period as may be prescribed and after expiry of the registration/license period, the registration/license shall be eligible for renewal for an extended period equivalent to the initial period.

(5) The license issued under this section shall be suspended or cancelled by the Authority, if the person concerned is found guilty of professional misconduct or malpractice in violation of the Code issued under this Act, depending on the gravity of the offence as established by the Authority during the investigation of the charges of offence against him:

Provided that no such suspension or cancellation of license shall be done without giving the accused person a reasonable opportunity of being heard.

(6) No person shall, after the date of commencement of this Act, practice astrology as a profession in the country, unless he has been issued a registration number along with the certificate of registration and license and his name has been entered in the Register.

(7) Registration under this section will, however, not confer any benefits or entitlements other than those expressly provided under this Act.

Establishment of the Regulatory Authority for Astrology.

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

Gazette, establish an authority to be known as the Regulatory

Authority for Astrology to exercise the powers conferred upon and to

perform the functions assigned to it, under this Act.

(2) The headquarters of the Authority shall be at such place in the

country as may be notified by the Central Government in the Official

Gazette.

(3) The Authority may, with the approval of the Central Government

and in consultation with the State Governments concerned, establish its

offices at such other places within the country, as it may deem

necessary for carrying out the purposes of this Act.

(4) The Authority shall consist of the following, to be appointed by the

Central Government in such manner as may be prescribed:—

(a) a Chairperson, who shall be a person of eminence and

integrity possessing not less than twenty years experience in the

field of astrology, education, or related disciplines;

(b) two Members representing recognized bodies of

astrologers in the country;

(c) one Member with requisite experience as may be

prescribed in the field of education or social sciences; and

(d) an officer of the Central Government not below the rank

of Joint Secretary, as the ex-officio Member-Secretary.

(5) The Chairperson and Members, other than the ex officio Member- Secretary, shall hold office for a term of three years and shall be eligible for re-appointment for one more term, subject to such conditions as may be prescribed.

(6) The salaries and allowances payable to, and the other terms and

conditions of service of, the Chairperson and Members shall be such as

may be prescribed by rules made under this Act.

(7) The Authority shall meet at such times and places and shall observe such procedure with regard to the transaction of its business as may be prescribed.

Officers and employees of the Authority.

7. (1) The Authority may, with the prior approval of the Central

Government, appoint such number of officers and employees as it

considers necessary for the efficient discharge of its functions.

(2) The qualifications and method of appointment, the salaries and

allowances payable to, and other terms and conditions of service of the

officers and employees of the Authority shall be such as may be

prescribed.

8. The Authority shall have the following powers and functions, namely—

Functions and powers of the Authority.

(a) prescribing minimum educational and professional qualifications, guidelines and framework for the practice of astrology in the country;

(b) receipt and scrutiny of applications for registration and grant of licence for the practice of astrology, issuing registration number and certificate of registration;

(c) maintaining a National Register of Licensed Astrologers

and publishing it on their website;

(d) granting, renewing, suspending, or cancelling licences to

practise astrology in the country;

(e) formulating a Code of Professional Conduct and Ethics for astrologers and notifying it on their website as well as ensuring strict compliance thereto;

(f) receiving and investigating complaints of professional misconduct or malpractice of registered and licensed astrologers or any other matter related to the study, practice and research in the field of astrology;

(g) imposing penalties for fraudulent or unethical practices, false representation and other proven violations or contraventions of the provisions of the Act or the rules made thereunder;

(h) levy of fees or other charges as may be required under this

Act;

(i) advising the Central Government on matters relating to the regulation, promotion and development of astrology as a scientific and professional discipline and any other matter incidental thereto; and

(j) perform such other functions, as it may consider necessary, for implementation of the provisions of this Act and the rules made thereunder or as may be assigned by the Central Government, from time to time.

9. All registered and licensed astrologers shall strictly adhere to the Code of Professional Conduct and Ethics for Astrologers formulated and notified by the Authority.

Code of Professional Conduct and Ethics for astrologers.

CHAPTER III

PROMOTION AND DEVELOPMENT OF ASTROLOGY

10. The Central Government shall take appropriate measures for the

promotion and development of astrology, including but not limited to—

Measures for promotion and development of astrology.

(a) establishment of research institutions for the study and

advancement of astrology;

(b) inclusion of astrology as a subject in higher educational

institutions;

(c) organization of national and international conferences,

seminars, and workshops for the development of astrology;

(d) encouraging collaboration with international institutions for

research and exchange programs; and

(e) organise public awareness campaigns to disseminate

correct knowledge of astrology and its significance as a scientific

and professional discipline and to warn sensitize the general public

against fraudulent and unethical practices in the practice of

astrology.

CHAPTER IV

OFFENCES AND PENALTIES

Fraudulent and unethical practices in astrology.

11. (1) Any person who, by misrepresentation, false promise, or deceptive means, induces another person to believe in astrological predictions for the purpose of monetary gain or exploit any person emotionally, financially, or otherwise in the name of astrology, shall be deemed to have committed an offence under this Act.

(2) Any registered and licensed astrologer found to be repeatedly indulging in fraudulent or unethical practices in astrology in violation of the Code shall be deemed to have committed an offence under this Act.

(3) Any person or astrologer proven guilty of the offences under sub- sections (1) and (2) shall be liable to imprisonment for a term which may extend to three years; or with fine which may extend to five lakh rupees; or with both.

12. Any person who falsely represents himself as a registered and licensed astrologer or found practicing astrology without registration and license as required under the Act shall be punishable with fine which may extend to two lakh rupees.

False representation and practice without registration and license.

13. No court shall take cognizance of any offence under this Act except upon a

Cognizance of offences.

complaint made by the Authority or any officer authorized in this behalf.

CHAPTER V

FINANCE AND GOVERNANCE

Funds of the Authority.

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

notification in the Official Gazette, appoint in this behalf, there shall be

established for the purposes of this Act, a Fund to be called the

Astrology Regulation and Promotion Fund.

(2) The Fund shall be administered by the Authority under the supervision and control of the Central Government and there shall be credited thereto:—

(a) all grants, loans, and advances made to it by the Central

Government, from time to time, to carry out the purposes of the Act;

(b) all fees and charges received by it under this Act and amounts

accrued on account of monetary penalties imposed under the Act; and

(c) any other sums received by the Authority, with the approval of

the Central Government, in the course of discharge of its functions.

Central Government to provide funds.

15. The Central Government shall, after due appropriation made by

Parliament by law in this behalf, provide adequate funds to the

Authority, for carrying out the purposes of this Act.

Accounts and Audit.

16. (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Authority, as audited and 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 by the Authority to the Central Government, which shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament.

Annual Report. 17. The Authority shall prepare every year, in such form and within such time as may be prescribed by the Central Government, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government, which shall cause it, as soon as may be after its receipt, to be laid before each House of Parliament.

CHAPTER VI

MISCELLANEOUS

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

Power to make rules.

make rules for carrying out the provisions of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation 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.

Power to remove difficulties.

19. (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 may appear to be necessary for removing the difficulty.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Protection of action taken in good faith.

20. No suit or other legal proceedings shall lie against the Authority or its members or its officers for actions taken in good faith in pursuance of this Act or of any rules, regulations or orders made thereunder.

21. The provisions of this Act shall have effect notwithstanding anything

Act to override other laws.

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

STATEMENT OF OBJECTS AND REASONS

Astrology has been practiced in India since ancient times and continues to hold significance in contemporary society. However, the absence of a regulatory framework has led to fraudulent practices by individuals who mislead the public for monetary gain. This Bill seeks to recognize astrology as a scientific discipline, establish mechanisms for the registration of astrologers, establish a Regulatory Authority for the regulation of astrologers and the practice of astrology as a profession in the country, promote research and education in astrology, and provide deterrents against fraudulent practices. The Bill also entrusts the Central Government with the responsibility of developing a curriculum for the study of Astrology, setting standards, and overseeing registration and enforcement for the practice of Astrology.

Hence, this Bill.

AJEET MADHAVRAO GOPCHADE.

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides that the Central Government shall develop a curriculum and framework for the study of astrology in educational institutions in the country, set uniform standards for its practice, and facilitate and promote conduct of research in astrology. Clause 6 provides for establishment of the Regulatory Authority for Astrology to exercise the powers conferred upon and to perform the functions assigned to it under this Act, its composition and the salaries and allowances payable to the Chairperson and Members thereof as well as the other terms and conditions of their service. Clause 7 provides for the appointment of sufficient number of officers and employees to assist the Authority in the efficient discharge of its functions and for their salaries and allowances and other terms and conditions of their service. Clause 8 of the Bill provides for the functions and powers of the Authority. Clause 10 provides for the measures to be taken by the Central Government for the promotion and development of astrology in the country, including establishment of research institutions for the study and advancement of astrology, organization of national and international conferences, seminars, and workshops for the development of astrology and organizing public awareness campaigns to disseminate accurate knowledge of astrology and to warn against fraudulent practices. Clause 14 of the Bill provides for the establishment of an Astrology Regulation and Promotion Fund whereas Clause 15 provides that the Central Government shall provide adequate funds to the Authority for carrying out the purposes of the Bill.

The Bill, therefore, if enacted, is likely to involve expenditure, both of recurring and non-recurring nature, from the Consolidated Fund of India. However, at this stage, it is not possible to estimate the exact amount of recurring and non- recurring expenditure likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 18 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. Clause 19 provides that the Central Government may make such provisions, by order, as may be necessary for removing any difficulty in giving effect to the provisions of this Bill.

As the rules or orders will relate to matters of procedure and administrative

detail only, the delegation of legislative power is of a normal character.

XXX

Bill No. XXV of 2025

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2025.

Short title and commencement.

(2) It shall come into force at once.

2. In article 282 of the Constitution, the following provisos shall be inserted,

Amendment of article 282.

namely:—

"Provided that the devolution of grants by the Union to the States by way of Centrally Sponsored Schemes pertaining to subjects enumerated in the Concurrent List or State List shall be routed through the budgets of the236 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ State Governments, and the States shall, independently of the Union, formulate the modalities for the implementation of the Schemes, including the branding and nomenclature criteria, with the overarching objective of tailoring initiatives to address local needs:

Provided further that the Union shall strive to bear complete financial responsibility under the Centrally Sponsored Schemes, and in no circumstance shall any State be mandated to contribute in excess of twenty- five per cent. of the total funding pattern and such an obligation shall only be countenanced in exceptional and compelling circumstances, with the concept of shared cost constituting an exceptional deviation:

Provided also that the formulation of the contours and general guidelines of the Centrally Sponsored Schemes referred to in the preceding provisos shall be culminated only subsequent to consultation and approval by not less than one-half of the States."Sec-2] THE GAZETTE OF INDIA EXTRAORDINARY 237 ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

Article 282 of the Indian Constitution enables the Central as well as the State Governments to make grants for any 'public purpose', even beyond their respective legislative competences. The execution of Centrally Sponsored Schemes (CSSs) falls within the purview of article 282, whereby the States undertake implementation of the CSSs. While the Central Sector schemes are directly funded and executed by the Centre, CSSs are funded jointly by the Centre and the State. The budget estimates for 2023-24 reveal that more than 20 per cent. of the total fiscal transfers to the States are designated for CSSs, amounting to over Rupees 3.6 lakh crore.

Numerous concerns afflict the framework governing CSSs in India. Unlike articles 270 (Taxes levied and distributed between the Union and the States) and 275 (Grants from the Union to certain States), the transfers effected by the Union to the States under article 282 are not based on the recommendations of the Finance Commission, thereby increasing the discretionary authority of the Union Government. These schemes pertain to subjects enumerated in the State or Concurrent Lists in the Seventh Schedule of the Constitution. However, the Union Government unilaterally determines the scope, nature, and design of the CSSs. Most States are currently constrained to contribute 40 per cent. of the outlay in majority of the CSSs, thereby straining their overall fiscal resources. CSSs are at present based on a 'one size fits all approach' often neglecting State-specific needs and contexts. The recent push by the Central Government to enforce Centrally decided branding and naming guidelines of CSSs further exacerbates the prevailing imbalance in Centre-State relations.

Successive Finance Commissions (FCs) have dealt with the issue of CSSs and highlighted the need for their restructuring. The Fourteenth Finance Commission recommended that the existing arrangements for transfers need to be reviewed with a view to minimise the discretion of the Central Government and to promote co-operative federalism. The Fifteenth Finance Commission expressed concern over the large number of CSSs and sub-schemes and the resultant lack of flexibility for the States. The Arvind Verma Committee (2005) recommended that all the CSSs should have terminal dates and targeted outcomes. The B.K. Chaturvedi Committee (2011) recommended that the States should have the flexibility to tailor schemes as per their own ground realities. The Sub-Group of Chief Ministers (2015) recommended rationalisation of schemes by grouping them into Core of Core, Core and Optional Categories. Despite all these measures, fiscal autonomy of the States are substantially eroded by the gradual increase in the States' share in CSS, lack of flexibility for States in the implementation of CSSs, etc.

In light of the above, there arises an imperative need to amend article 282 of the Constitution, affording greater autonomy to States for the implementation of CSSs in alignment with local needs and aspirations. To rectify the prevailing fiscal imbalance, the Central Government must also assume a heightened financial responsibility under Centrally Sponsored Schemes. Likewise, any formulation of guidelines in this regard necessitates consultation with the State Governments and their concurrence thereof.

The Bill seeks to achieve the said objectives.

JOHN BRITTAS.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for making the Central Government responsible to bear the complete financial responsibility in Centrally Sponsored Schemes, and to ensure that States are insulated from contributing anything more than 25 per cent. of the total funding pattern, that too in exceptional and compelling circumstances.

The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India. However, at this stage, it is not possible to quantify the recurring or non-recurring expenditure involved.

XXXI

Bill No. XXXIV of 2025

A Bill further to amend the Wild Life (Protection) Act, 1972.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:—

1. (1) This Act may be called the Wild Life (Protection) Amendment Act,

Short title and commencement.

2025.

(2) It shall come into force at once.

Amendment of

53 of 1972.

section 29.

2. In section 29 of the Wild Life (Protection) Act, 1972 (hereinafter referred to as the principal Act), for the words "National Board", the word "Board" shall be substituted.

Amendment of section 33.

3. In section 33 of the Principal Act, after the words "as per the guidelines issued by the Central Government", the words "after ratification by the Legislatures of not less than one-half of the States" shall be inserted.

Amendment of section 43.

4. In section 43 of the Principal Act, in the proviso to sub-section (2), for the words "Central Government", the words "State Government" shall be substituted.

5. For section 62 of the Principal Act, the following shall be substituted,

Amendment of section 62.

namely:—

Declaration of certain wild animal species as vermin.

"62. Notwithstanding anything contained in this Act, where the Central Government or the State Government, as the case may be, is satisfied that any wild animal species, not specified in Schedule I, has become a threat to human life or property, or is causing substantial damage to crops, livestock, or other means of livelihood, it may, by notification in the Official Gazette, declare such wild animal species as vermin for such specified area and for such period as may be specified in the notification;

Provided that during the period for which such notification is in force, the provisions of this Act shall not apply to the specified wild animal species within the area so specified:

Provided further that the Central or the State Government, as the case may be, issuing such notification shall periodically review the situation and may, by a subsequent notification in the Official Gazette, withdraw the declaration if it is satisfied that the circumstances warranting such declaration no longer exists."

6. After section 62 of the Principal Act, the following new sections shall be

Insertion of new section 62A.

inserted, namely:—

Special provision for declaration of individual Schedule I animal as vermin in exceptional cases.

"62AA. Notwithstanding anything contained in this Act and in addition to the powers conferred upon the Chief Wild Life Warden under clause (a) of sub-section (1) of section 11, where the State Government is satisfied that an individual wild animal belonging to any of the species specified in Schedule I is, due to repeated and verifiable intrusion into human habitation, posing a persistent and grave threat to human life, or has caused loss of life or serious injury to any person, it may, by order in writing, declare such individual wild animal as vermin for the purposes of this Act and may also authorize any person to capture or destroy such animal in such manner as may be prescribed;

Provided that such order shall apply only to the specific individual wild animal identified through physical markings, tracking, or other reliable means, and shall not extend to the species as a whole.

Wildlife Conflict Mitigation Fund and special measures for States facing acute human- wildlife conflict.

62AB. (1) The Central Government shall, by notification in the Official

Gazette, constitute a Fund to be called the Wildlife Conflict Mitigation

Fund for the purpose of supporting proactive and reactive measures to

reduce human-wildlife conflict and there shall be credited thereto such

sums of money, as the Central Government may consider necessary,

after due appropriation made by Parliament by law in this behalf.

(2) The Fund shall be under the control of the Central Government and managed by the Central Government in consultation with the State Governments, in such manner as may be prescribed.

(3) Where a State Government, based on the data and recorded fatalities or property damage, is satisfied that it is facing acute human-wildlife conflict scenarios, it may submit a detailed proposal to the Central Government seeking special financial assistance to effectively tackle and manage such scenarios.

(4) Upon due consideration and verification of the detailed proposal received from the State Government under sub-section (3), the Central Government shall allocate appropriate funds from the Wildlife Conflict Mitigation Fund to the concerned State Government, for the following purposes, but not limited to –

(a) implementation of scientific and eco-sensitive fencing and boundary protection measures;

(b) payment of compensation to affected persons or families ;

(c) translocation, rescue, and rehabilitation operations ;

(d) community-based conflict mitigation and sensitisation programmes; and

(e) such other measures as may be prescribed for reducing human- wildlife conflict."242 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

The Wild Life (Protection) Act, 1972 [Act No. 53 of 1972], was enacted as a seminal legislative instrument to safeguard wild animals, birds, and plants, and to promote ecological and environmental security across the nation. Over the decades, it has played a pivotal role in the preservation of India's biodiversity. However, the evolving dynamics of human habitation, expanding forest cover, etc. have given rise to significant challenges. In particular, States with dense forests and adjoining human settlements, such as Kerala, are facing a mounting crisis owing to the frequent and often fatal encounters between humans and wildlife, which necessitate a calibrated legislative response that upholds both ecological protection and human safety.

Official data paints a sobering picture. In the past five years alone, elephants have caused 2,869 human deaths nationwide, while tigers were responsible for 378 fatalities. These figures exclude those resulting from attacks by other species such as wild boars. In Kerala, 555 human lives were lost to wildlife encounters between 2019–20 and 2023–24. Additionally, the State recorded 4,527 cases of human injuries arising from such conflicts between 2020 and 2024. The staggering toll on human life and livelihoods underscores the urgent necessity for a responsive and decentralised legal framework that empowers State authorities to act swiftly and effectively.

The crisis is exacerbated by a parallel trend - the steady expansion of forest cover across the country. According to the India State of Forest Report (ISFR), India's forest cover has grown from 6,92,027 sq. km. in 2011 to 7,15,343 sq. km. in 2023, registering an increase of 23,316 sq. km. over a decade. Kerala alone witnessed an increase from 19,278 sq. km. in 2015 to 21,253 sq. km. in 2021. This growth has also intensified the interface between wild habitats and human habitations, particularly in geographies like Kerala where human settlements closely adjoin forested tracts, making this boundary increasingly volatile and dangerous.

Many amendments have been incorporated into the parent Act by the Wild Life (Protection) Amendment Act, 2022. Clause 11 of the Amendment Act altered section 29 to eliminate the requirement for State Governments to consult their State Boards for Wildlife before authorising interventions within sanctuaries, replacing it with mandatory consultation with the National Board for Wildlife. Clause 27 of the Amendment Act, meanwhile, conferred exclusive powers upon the Central Government to regulate the transfer of captive elephants, despite the fact that such transfers require local contextual understanding.

These amendments apparently constrain the States' ability to exercise administrative discretion in matters that are inherently local, ecological, and situational—thus severely impairing their capacity to respond to human-animal conflict in real time.

Under the existing framework, only the Central Government has the authority to declare animals as vermin under section 62, regardless of the severity of the threat posed in a particular State. This Bill proposes to empower the Central and State Governments to declare wild animal species, other than those listed in Schedule I, as vermin for specified periods and areas. It also seeks to introduce a new provision to enable the identification and destruction of individual Schedule I animals that pose a persistent and grave threat to human life. These measures are proposed with robust safeguards and accountability mechanisms to ensure they are exercised judiciously and only in exceptional circumstances.

Further, this Bill calls for the institutionalisation of financial assistance from the Central Government to support States facing acute human-wildlife conflict. This includes provisions for a dedicated Wildlife Conflict Mitigation Fund to finance scientific fencing, translocation and community awareness programmes, and compensation schemes.

This Bill, therefore, aims to:

• Uphold the primacy of cooperative federalism in wildlife governance by enhancing the decision-making authority of State Governments and State Boards;

• Empower States to respond swiftly to escalating human-wildlife

conflict;

• Ensure equitable treatment of all States under the law by

providing clear and uniform provisions for declaring vermin;

• Decentralise wildlife conflict resolution by empowering States to

declare non-Schedule I species as vermin in specified contexts;

• Introduce a speedy legal mechanism for States to act against

individual Schedule I animals that endanger human lives;

• Provide institutional and financial support through Central assistance for mitigation and management efforts for States experiencing acute human-animal conflict situations;

• To vest State Governments with the authority to regulate the

transfer of captive elephants; and

• Restore the balance between ecological protection and the

imperatives of human safety and livelihood protection.

This Bill, thus, endeavours to harmonise the goals of wildlife conservation with the constitutional principles of federal governance and the pressing need for human safety. It is not an antithesis to conservation, but rather, it affirms that conservation is most meaningful when it ensures the protection of both wildlife and human lives and livelihoods.

The Bill seeks to achieve the aforesaid objectives.

JOHN BRITTAS.

FINANCIAL MEMORANDUM

Clause 6 of the Bill provides for the constitution of a dedicated Wildlife Conflict Mitigation Fund, to support scientific and eco-sensitive fencing and boundary protection measures; compensation to affected persons or families; translocation, rescue, and rehabilitation operations; community-based conflict mitigation and sensitisation programmes; and such other measures as may be prescribed for reducing human-wildlife conflict, to which the Central Government shall credit such sums of money, as it may consider necessary, after due appropriation made by Parliament by law in this behalf.

The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India. However, at this stage, it is not possible to quantify the actual recurring or non-recurring expenditure likely to be involved.

XXXII

Bill No. XXXVIII of 2025

A Bill to amend the Digital Personal Data Protection Act, 2023.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:―

1. (1) This Act may be called the Digital Personal Data Protection

Short title and commencement.

(Amendment) Act, 2025.

(2) It shall come into force at once.

22 of 2023.

2. In the Digital Personal Data Protection Act, 2023 (hereinafter referred to

Amendment of section 2.

as the principal Act), in section 2, —

(i) after clause (o), the following new clause shall be inserted,

namely,—

"(oa): 'harm' includes, but is not limited to:

(i) bodily or mental injury;

(ii) loss, distortion or theft of identity;

(iii) loss of reputation or humiliation;

(iv) loss of employment;

(v) discriminatory treatment;

(vi) financial loss, or damage or loss of property;

(vii) subjection to blackmail or extortion;

(viii) denial or withdrawal of a service, benefit or goods resulting from an evaluative decision about the Data Principal;

(ix) observation or surveillance not reasonably

expected by the Data Principal;

(x) movement or any other action arising out of fear of being observed or surveilled; (xi) psychological manipulation which impairs the autonomy of the individual;

(xii) any restriction placed or suffered directly or

indirectly on speech; and

(xiii) unauthorized profiling."

(ii) after clause (x), the following new clauses shall be inserted,

namely,—

"(xa) "profiling" means any form of processing of personal data that analyses or predicts aspects concerning the behaviour, attributes or interests of a Data Principal;

(xb) "reasonable security safeguards" includes, but is

not limited to, —

(i) implementation of such security practices and standards and having a comprehensive, documented information security programme and policies containing managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected with the nature of business:

Provided that in the event of an information security breach, the Data Fiduciary or the Data Processor, as the case may be, shall be required to demonstrate that they have implemented security control measures as per their documented information security programme and information security policies;

(ii) adherence to the international Standard IS/ISO/IEC 27001 on 'Information Technology - Security Techniques ― Information Security Management Systems – Requirements':

Provided that any industry association or an entity formed by such an association, whose members are self-regulating by following other than IS/ISO/IECSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 247 ____________________________________________________________________ ____________________________________________________________________ codes of best practices for data protection, as per sub- clause (i), shall get its codes of best practices duly approved and notified by the Board for effective implementation:

Provided further that the body corporate or a person on its behalf, who have implemented either IS/ISO/IEC 27001 standard or the codes of best practices for data protection, as approved and notified by the Board, shall be deemed to have complied with reasonable security practices and procedures provided that such standard or the codes of best practices have been certified or audited on a regular basis by entities through an independent auditor, duly approved by the Board, at least once a year or as and when the body corporate or a person on its behalf undertake significant upgradation of its process and computer resource, whichever is earlier; and

(iii) such other additional safeguards as may be

prescribed under sub-section (5A) of section 8."

3. In section 3 of the principal Act, in clause (b), after the words "connection

Amendment of section 3.

with", the words "or profiling of," shall be inserted.

4. In section 6 of the principal Act, after sub-section (10), the following new

Amendment of section 6.

sub-sections shall be inserted, namely:—

"(11) Notwithstanding anything contained in this Act, no Data Fiduciary shall share the personal data of a Data Principal with any other Data Fiduciary or Data Processor unless -

(a) specific, prior, informed and explicit

consent is obtained for such data sharing, and

(b) the purpose of such sharing is disclosed

at the time of seeking such consent.

Provided that where personal data is proposed to be transferred to a foreign country, the Data Principal shall be informed of such eventuality in advance.

(12) The consent under sub-section (11) shall be obtained independently of any general consent for processing any other personal data obtained previously.

(13) Any sharing of data in contravention of sub- sections (11) and (12) shall be deemed to be personal data breach and shall attract the same penalty, as provided for non- compliance of the obligation under sub-section (5) of section 8 and also the liability to compensate the Data Principal, as provided under section 6A.

Explanation.― For the purposes of this section, "sharing" includes any transfer, transmission, dissemination, disclosure, or making available of personal data by one Data Fiduciary to another or to a Data Processor, whether electronically or otherwise."

5. After section 6 of the principal Act, the following new section shall be

inserted, namely:—

Insertion of new section 6A. Right to Compensation.

"6A. (1) A Data Principal shall have the right to seek compensation for any harm suffered due to contravention of the provisions of this Act by a Data Fiduciary or a Data Processor.

(2) The Board shall have the power to adjudicate and

award compensation, commensurate with the harm caused."

6. In section 7 of the principal Act, —

(i) after clause (e), the following proviso shall be inserted, namely;—

Amendment of section 7.

5 of 1908.

"Provided that the compliance of foreign judgment or order shall be subject to compliance, through courts of competent jurisdiction in India, with sections 13,14 and 44A read with sub-sections (5) and (6) of section 2 of the Code of Civil Procedure, 1908.";

(ii) after clause (i), the following new clauses shall be inserted,

namely:

"(j) any exemption granted under this section shall be reasonable, not excessive or arbitrary, and shall be subject to judicial review; and

(k) notwithstanding anything contained in this section, no data shall be processed for profiling, behavioural monitoring or targeted advertising without the explicit and informed consent of the Data Principal."

7. In section 8 of the principal Act, ―

Amendment of section 8.

(i) in sub-section (4), after the words "A Data Fiduciary", the words "or a Data Processor engaged, appointed, used or otherwise involved by a Data Fiduciary on its behalf", shall be inserted; .

(ii) after sub-section (5), the following new sub-section

shall be inserted, namely,—

"(5A) Save as provided in clause (xb) of section 2, the Central Government shall, within three months from the date on which the provisions of this Act come into force, prescribe by rules, additional reasonable security safeguards to be followed by a Data Fiduciary and Data Processor:

21 of 2000.

Provided that the rules so framed shall be congruent with clause (xb) of section 2 and the rules framed by the Central Government under clause (ob) of sub-section (2) of section 87 read with section 43A of the Information Technology Act, 2000.";

(iii) in sub-section (6), after the words "the Data Fiduciary", the words "or the Data Processor, as the case may be," shall be inserted.

8. After section 8 of the principal act, the following new section shall be

inserted, namely:—

Insertion of new section 8A.

Right to be Forgotten.

"8A. (1) Notwithstanding anything contained in this Act, a Data Principal shall have the right to request the erasure, deletion, or restriction on continued retention or disclosure of her personal data held by the Central Government, State Government, or any of their instrumentalities, where –

(a) the data is no longer necessary for the purpose

for which it was collected or processed by the authority;

(b) the Data Principal has withdrawn consent, and

there is no legal ground for retention; or

(c) retention of such data is not necessary for compliance with a legal obligation or for a task carried out in public interest.

(2) Every such request made under sub-section (1) shall be duly considered by the concerned public authority, and if found valid, the authority shall ―

(a) erase or anonymize the relevant data; and

(b) confirm such erasure or anonymization in writing to the Data Principal within thirty days of receipt of the request.

(3) Any refusal to act on a request received under sub-section (1) shall be intimated to the Data Principal within thirty days of the receipt of such request and shall be accompanied by written reasons, and the Data Principal shall have the right to appeal against such refusal before the Board."

9. In section 9 of the Principal Act, sub-sections (4) and (5) shall be omitted. Amendment of

section 9.

10. In section 11 of the Principal Act, after sub-section (1), the following new

Amendment of section 11.

sub-section shall be inserted, namely;—

"(1A) The Data Principal shall have the right to make a demand to the Data Fiduciary, to whom she has previously given consent and where the processing has been carried out through automated means, to transfer her personal data to another Data Fiduciary of her choice".

11. In section 17 of the Principal Act, -

Amendment of section 17.

(i) sub-section (3), including the Explanation thereto,

shall be omitted;

(ii) for sub-section (5), the following shall be

substituted, namely:―

"(5) Any exemption or relaxation under this section shall be reasonable, not excessive or arbitrary, and shall be subject to judicial review.";

(iii) after sub-section (5), the following new sub-

section shall be inserted, namely:—

"(6) The provisions contained in section 6 of the Act pertaining to the conferring of consent by a Data Principal for the processing of personal data shall apply mutatis mutandis to the processing of personal data under this section unless expressly excluded by law or rules."

12. In section 19 of the principal Act,—

Amendment of section 19.

(i) for sub-section (2), the following shall be substituted,

namely:―

"(2) The Chairperson and Members of the Board shall be

appointed by a Selection Committee comprising:

(a) the Chief Justice of India or a Judge

of the Supreme Court nominated by him – Chairperson ex-officio;

(b) the Leader of the Opposition in the

House of the People – Member ex-officio;

(c) the Minister in-charge of the Union Ministry of Electronics and Information Technology – Member ex-officio;

(d) the Attorney General of India – Member

ex-officio; and

(e) an independent expert with vast experience in the field of Data Protection, Information Technology, Data Management, Data Science, Data Security or Cyber and internet Laws, to be nominated by the Chairman of the Council of the States in such manner as may be prescribed- Member:

Provided that the Selection Committee may co-opt one Director each from any of the Indian Institutes of Technology and Indian Institutes of Management as subject experts without having the right to vote in the proceedings thereof.

Explanation.— For the purpose of removal of doubts, it is hereby declared that where the Leader of the Opposition in the House of the People has not been recognised as such, the leader of the single largest party in opposition to the Government in the House of the People shall deemed to be the Leader of the Opposition."

(ii) after sub-section (2), the following new sub-section shall

be inserted, namely,―

"(2A) The Board shall be an independent statutory authority and shall not be subject to the directions of the Central Government in the discharge of its functions."

Amendment of section 22.

13. In section 22 of the principal Act, in sub-section (3), the words "except with the previous approval of the Central Government", shall be deleted.

14. In section 23 of the principal Act, for sub-section (1), the following shall

Amendment of section 23.

be substituted, namely:—

"(1) The Board shall regulate and observe its own procedure in regard to the holding or and transaction of business at its meetings, including by digital means, and authenticate its orders, directions and instruments, in accordance with the regulations, that may be issued by the Board in this regard, from time to time."

15. In section 24 of the principal Act, the words, "with previous approval of

Amendment of section 24.

the Central Government,", shall be deleted.

16. In section 32 of the principal Act, ;—

Amendment of section 32.

(i) for sub-section (4), the following shall be substituted,

namely:

"(4) A voluntary undertaking shall not absolve a Data Fiduciary or a Data Processor, as the case may be, from liability to pay compensation under section 6A, nor bar adjudication under section 33."

(ii) sub-section (5) shall be omitted.

17. In section 33 of the principal Act, after sub-section (1), the following new

Amendment of section 33.

sub-section shall be inserted, namely:

"(1A) In the eventuality of imposing penalty under sub- section (1), the Board shall also determine and award compensation to the affected Data Principal having regard to the gravity of the harm, nature of the breach, and extent of infringement of rights."

⁵ 18. In section 40 of the principal Act, in sub-section (2), clause (t) shall be

Amendment of section 40.

omitted.

19. In section 44 of the principal Act,—

Amendment of section 44.

(i) in sub-section (2), clauses (a) and (c), shall be omitted.

(ii) sub-section (3) shall be omitted.

STATEMENT OF OBJECTS AND REASONS

In the digital age, personal data has emerged as a critical asset with wide-ranging implications for individual rights and privacy. The Digital Personal Data Protection Act, 2023 was enacted with the stated objective of safeguarding personal data and regulating its processing. However, a closer scrutiny of the Act reveals significant shortcomings that may undermine the very rights it purports to protect.

Grave concerns have been raised regarding the structure and independence of the Data Protection Board, the principal adjudicatory authority under the Act. The current provision empowers the Central Government to appoint the Chairperson and Members of the Board without laying down any criteria or requiring a transparent selection process. Earlier, the Joint Parliamentary Committee had recommended an independent regulatory framework.

In addition to the issues of independence and transparency in the constitution of the Data Protection Board, section 22(3) of the Act permits the Central Government to waive the mandatory one-year cooling-off period for the Chairperson or any Member of the Board before they accept any re- employment. This discretionary power, if left unchecked, risks compromising the integrity and impartiality of the Board. It creates a fertile ground for conflicts of interest and post-retirement inducements that could distort regulatory outcomes and weaken public trust in the adjudicatory body. The cooling-off period must be treated as an absolute bar, without exceptions, to ensure that Members and the Chairperson of the Board remain free from undue influence during and after their term of office.

The introduction of the concept of 'voluntary undertaking' under section 32 allows entities in violation of the law to submit undertakings and thereby avoid formal inquiry and penalties. This provision creates a potential escape route for powerful Data Fiduciaries and erodes the deterrent effect of the law. Compounding this, the Act is silent on compensatory relief to Data Principals who have suffered harm. There is a need to incorporate the global best practices, such as the European Union's General Data Protection Regulation (GDPR), in the Act to recognize the right to claim compensation by the Data Principal - thus offering redressal for privacy violations or data breaches.

Further, the Act introduces the notion of "reasonable security safeguards" as a compliance obligation for data fiduciaries but does not define or prescribe minimum standards for such safeguards. This ambiguity fosters compliance in form rather than in substance. The Act simultaneously repeals Section 43A and clause (ob) of sub-section (2) of Section 87 of the Information Technology Act, 2000 - provisions that had enabled affected individuals to seek compensation for negligence in data protection.

Likewise, the extensive exemption powers under Section 17 vest the Central Government with authority to exempt public and private entities, including start-ups, from complying with the provisions of the Act. The Act also does not guarantee rights such as the "right to be forgotten" in relation to data held by the State.

The legislation also affects the Right to Information Act, 2005 by effectively overriding Section 8(1)(j) of the RTI Act through section 44(3), and there is a likelihood of the provision being misused to withhold information merely on the ground that it constitutes personal data, even in cases where its disclosure will serve larger public interest or where such information could not ordinarily be denied to Parliament or a State Legislature.

Other deficiencies in the Act include the exclusion of provisions requiring Data Fiduciaries to obtain specific consent before sharing data withSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 253 ____________________________________________________________________ ____________________________________________________________________ third parties or foreign entities; exclusion of Data Processors from the ambit of responsibility under the Act; and the lack of provisions for the right to data portability, despite these being recommended by earlier drafts or Parliamentary Committees.

Crucially, children's data, despite being nominally protected under Section 9, is subject to broad governmental exemptions. Such exemptions allow for behavioural monitoring, profiling, and targeted advertising directed at children without robust parental consent mechanisms, which might undermine child safety and contradicts the protective intent of the law.

Moreover, there are apprehensions that the Act fails to rein in state surveillance effectively. Clauses such as Sections 7(b) and 7(c) allow the processing of personal data for vaguely defined state functions and national security, without explicit consent. Section 7(e) permits the enforcement of foreign civil and contractual judgments without the oversight of Indian courts—sidestepping safeguards under the Code of Civil Procedure, 1908.

The concept of "harm" to Data Principals, a foundational element in previous iterations of the Data Protection Bill, has been conspicuously omitted in the Act. As a result, there is no established basis for individuals to claim compensation or for regulators to evaluate the impact of privacy violations.

In light of these substantial gaps, this Amendment Bill seeks to:―

1. Define "harm" and "profiling" and recognize the right to

claim compensation for damages resulting from breaches;

2. Establish minimum standards for reasonable security safeguards and reinstate repealed protective provisions from the Information Technology Act, 2000;

3. Mandate specific, informed, and unbundled consent for data

sharing, including cross-border transfers;

4. Ensure the independence of the Data Protection Board;

5. Introduce the right to data portability, and require

accountability from data processors as well as fiduciaries;

6. Eliminate arbitrary exemptions, particularly those allowing

the State to operate outside the framework of the Act;

7. Ensure judicial review and transparency in all exemptions

and governmental decisions under the Act;

8. Protect children's data more rigorously by disallowing exemptions for profiling, monitoring, or advertising without consent;

9. Reinstate the original provisions of the Right to Information Act, 2005, ensuring India's transparency framework and the foundational principles of democratic accountability; and

10. Provide for such other matters connected therewith or

incidental thereto.

The objective of this proposed legislation is not only to fill legislative gaps but also to reorient the Digital Personal Data Protection Act, 2023 toward its stated goal of protecting the fundamental right to privacy as enshrined under Article 21 of the Constitution of India. The Supreme Court, in Justice K.S Puttaswamy (Retd.) v. Union of India and Ors., has recognized that "the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution". It is the solemn duty of the legislature to give effect to this principle in both letter and spirit.

This Bill, therefore, seeks to reclaim the balance between innovation and individual rights, governance and accountability, regulation and freedom– while laying the foundation for a data protection regime that truly honours constitutional values and public trust.

The Bill seeks to achieve the aforesaid objectives.

JOHN BRITTAS.

XXXIII

Bill No. XLVI of 2025

A Bill to provide for the protection, revival and sustainable development

of water bodies in the country in consultation with the State

Governments and for the constitution of a Board for

recommending and taking measures for the said

purpose and for matters connected

therewith and incidental

thereto.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows: —

1. (1) This Act may be called the Water Bodies (Protection, Revival and

Short title and commencement.

Sustainable Development) Act, 2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

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

(a) "appointed day" means such date as the Central Government may, by notification in the Official Gazette, appoint for the purpose of section 4;

(b) "Board" means the National Water Bodies Board

constituted under section 4;

(c) "Chairperson" means the Chairperson of the Board;

(d) "Member" means a member of the Board;

(e) "prescribed" means prescribed by rules made under this

Act;

(f) "regulations" means regulations made by the Board under

this Act;

(g) "State Government" in relation to a Union territory having a Legislature, means the Administrator thereof functioning under article 239AA or any other provision of the Constitution, as the case may be; and includes the Government of such Union territory for the purposes of this Act; and

(h) "water body" includes natural and manmade water resources, lakes, ponds, tanks and wetlands but does not include sea, river and stream.

29 of 1986.

6 of 1974.

(2) Words and expressions used but not defined in this Act and defined in the Environment (Protection) Act, 1986, or in the Water (Prevention and Control of Pollution) Act, 1974, or in the rules made thereunder, shall have the meanings respectively assigned to them in the said Acts, as the context may require.

3. (1) The Central Government shall, in consultation with the State Governments, within six months from the date of the commencement of this Act, prepare a Comprehensive Plan for the protection, revival and sustainable development of water bodies in the country.

Comprehensive plan for protection, revival and sustainable development of water bodies.

(2) The Central Government, in consultation with the State Governments may, by notification in the official Gazette, amend the Comprehensive Plan from time to time, as may be necessary.

(3) For the purposes of sub-section (1), every State Government shall within one month from the date of the commencement of this Act, furnish to the Central Government, such detailed data of water bodies within its territorial jurisdiction, in such form and manner as may be prescribed.

(4) Every State Government shall, within four months from the date of the commencement of this Act, prepare a list of all water bodies situated within the State and notify such list in the official Gazette, in such form as may be prescribed.

Constitution of the National Water Bodies Board.

4. (1) With effect from the appointed day, the Central Government

shall, by notification in the Official Gazette, constitute, for the

purposes of this Act, a Board to be called the National Water

Bodies Board.

(2)The Board 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 contract and shall, by the said name, sued and be sued.

(3) The head office of the Board shall be at Patna in the State of

Bihar or at such other places as the Central Government may, by

notification in the Official Gazette, specify and the Board may, with

the previous approval of the Central Government, establish offices or

agencies at other places in the country.

(4) The Board shall consist of the following persons, namely,—

(i) Secretary to the Government of India in the

Ministry of Jal Shakti, —Chairperson ex-officio;

(ii) Secretary to the Government of India in the

Ministry of Urban Affairs, —Member ex-officio;

(iii) Secretary to the Government of India in the

Ministry of Rural Development – Member ex-officio;

(iv) Secretary to the Government of India in the

Ministry of Environment, Forest and Climate Change –

Member ex-officio;

(v) Ten Member ex-officio, to be nominated by the

Central Government, to represent the Governments of the

States, by rotation in the alphabetical order of the names of

such States, for such period of time as may be prescribed:

Provided that the nomination shall be made from

officials of the State Government not below the rank of

Secretary to the State Government and dealing with the

subject of water resources;

(vi) not more than three Members, to be appointed by

the Central Government, from amongst persons having

experience in conservation of water bodies and water

management, in such manner as may be prescribed;

(vii) not more than four Members, to be appointed by

the Central Government, from amongst persons having

experience in the fields of irrigation, water harvesting,

environment protection and sanitation, in such manner as

may be prescribed.

(5) The qualifications and experience, term of office, salaries and/or

allowances of and other terms and conditions of service of the

Chairperson and Members of the Board shall be such as may be

prescribed.

(6) The Chairperson shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties, as may be prescribed or delegated by the Board.

(7) No act or proceeding of the Board shall be invalidated merely by reason of,—

(a) any vacancy in, or any defect in the constitution of the

Board;

(b) any defect in the appointment of a person acting as a

member of the Board;

(c) any irregularity in the procedure of the Board not affecting

the merits of the case.

(8) The Board shall regulate its own procedure with regard to transaction of its business and the procedure of the Committees thereof.

Officers and employees of the Board.

5. (1) The Board may appoint such number of officers and employees

as it considers necessary for the efficient discharge of its functions

under this Act.

(2) The manner of appointment, qualifications and experience, terms

and conditions of service including salary and allowances of the

officers and employees of the Board shall be such as may be specified

in the regulations made by the Board.

(3)The Board may engage the services of personnel, both from within

and outside the country as consultants, and visiting academicians on

such terms and conditions and remunerations as may be specified in

the regulations made by the Board and shall facilitate their

operations within the country.

Committees of the Board.

6. (1) Subject to the rules made in this behalf, the Board may constitute such Committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act.

(2) The Board shall have the power to co-opt as members of any Committee appointed under sub-section (1), such number of persons who are not members of the Board as it may think fit, and the person so co- opted shall have the right to attend the meetings of the Committee, and take part in the proceedings of the Committee.

7. (1) The Board shall serve as a body for the protection, revival and

sustainable development of water bodies in the country.

Powers and Functions of the Board.

(2) The powers and functions of the Board, shall, include the following, namely —

(i) serve as a monitoring agency for the protection,

revival and sustainable development of water bodies;

(ii) prepare national coordinated programmes to

promote the spirit of conservation of water bodies;

(iii) assist in setting up infrastructure and environment for enhancing the storage capacity of water bodies;

(iv) ensure restoration of water reservoirs;

(v) assist in creating infrastructure for de-siltation of

water bodies;

(vi) suggest prevention and removal of encroachment

on water bodies;

(vii) ensure cleanliness and hygiene in water bodies;

(viii) prevent pollution in water bodies;

(ix) oversee the utilization of water from water

bodies;

(x) help in preparing infrastructure for rain water

harvesting;

(xi) determine citizen and community rights over

water bodies;

(xii) create public awareness and education on water

bodies;

(xiii) make recommendations for amendment(s) in

the Comprehensive Plan prepared under section 3; and

(xiv) such other functions as may be assigned to it by

the Central Government, from time to time.

(3) The Board shall submit its recommendations and observations, state- wise, to the Central Government in such form and manneras may be prescribed.

8. (1) The Central Government shall, in consultation with the State Government, consider the recommendations and observations of the Board and prepare a concrete action plan in a State-wise format for implementation of the same by the State Governments.

Proposals by Central Government to the State Governments for implementation.

(2) The Central Government shall forward the action plan referred to in sub-section (1) to the respective State Government.

(3) Every State Government shall constitute a Task Force consisting of such number of officers and other persons, as may be deemed necessary, and vest it with such powers, as may be prescribed, for the purpose of implementation of the action plan so received from the Central Government under sub-section (2) for protection, revival and sustainable development of water bodies.

(4) Every State Government shall ensure that the action plan forwarded by the Central Government is implemented in letter and spirit, and shall submit a quarterly compliance report in this regard to the Central Government, in such form and manner as may be prescribed.

Grants by Central Government.

9. The Central Government may, after due appropriation made by

Parliament by law, in this behalf, make to the Board grants of such

sums of money as that Government may consider necessary, to

enable it to perform its functions under the Act.

Annual Report.

10. The Board 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 Central Government.

Accounts and Audit.

11. (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2)The accounts of the Board shall be audited by the Comptroller and Auditor-General of India or by any other person so appointed by him in this behalf, annually and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor- General.

(3)The Board shall furnish to the Central Government, before such date as may be prescribed, the audited copy of its accounts together with the auditor's report.

12. The Central Government shall cause the annual report and accounts of the Board along with the auditor's report thereon to be laid, as soon as may be after they are received, before each House of Parliament.

Annual report and auditor's report to be laid before Parliament. Power of the Central Government to issue directions.

13. (1) Without prejudice to the foregoing provisions of this Act, the Board shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:

Provided that the Board shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.

(2) The decision of the central Government, whether a question is one of the policy or not, shall be final.

Protection of action taken in good faith.

14. No prosecution or other legal proceeding shall lie against the Central Government or the Board or any Committee constituted by it or the Chairperson or any Member of the Board or such Committee, or any officer or employee of the Central Government or the Board or any other person authorised by the Central Government or the Board for anything260 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

15. The Central Government may, in consultation with the State Government, by notification in the official Gazette, make rules to carry out the provisions of this Act.

Powers of the Central Government to make rules.

Power of the Board to make regulations.

16. The Board may, with the prior approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules generally to carry out the provisions of this Act.

Rules and regulations to be laid before Parliament.

17. Every rule made by the central Government and every regulation made by the Board under this Act shall be laid, as soon as 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 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.

Overriding effect of the Act.

18. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force on the subject and save aforesaid the provisions of the Act shall be in addition to and not in derogation of any other law in this regard, for the time being in force.

Power to remove difficulties.

19. (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 orders shall be made after the expiry of the

period of two years from the date of 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.

STATEMENT OF OBJECTS AND REASONS

Water bodies, including lakes, ponds, wetlands, and reservoirs, play a vital role in India's ecological balance, biodiversity, agriculture, and drinking water supply. However, rapid urbanization, industrialization, and unsustainable practices have severely impacted their health. Protection, revival and maintenance of these water bodies are now critical for ensuring water security, environmental sustainability, and climate resilience.

According to the National Wetland Atlas and reports from the Central Pollution Control Board (CPCB), over 30 percent. of natural water bodies have disappeared in the past few decades. Satellite data and field surveys reveal significant shrinkage and encroachment of lakes and wetlands across cities like Bengaluru, Hyderabad, and Delhi. Untreated sewage, industrial effluents, and solid waste dumping are major pollutants. More than 60 percent of monitored water bodies in urban areas are polluted and unfit for direct human use.

Lakes and ponds are being filled for real estate and infrastructure projects. Wetlands, especially in urban and peri-urban areas, are often encroached upon, disrupting their ecological functions. Water bodies are filling with silt and sediments due to upstream deforestation and poor land management. Erratic rainfall and prolonged droughts, influenced by climate change, have affected the seasonal inflow and recharge of water bodies. Many small water bodies dry up during summer, reducing groundwater recharge and increasing water scarcity.

The National Green Tribunal (NGT) has passed several orders to protect water bodies from pollution and encroachment. Courts have directed municipalities and development authorities to demarcate and restore lakes and ponds. But the situation on the ground is pathetic. There are multiple agencies with overlapping responsibilities which hinder effective planning and execution. Lack of updated data on waterbody size, quality, and status hampers planning.

Water bodies in the country are under severe stress, but their revival is both possible and essential. Protecting water bodies is not just an environmental concern but a necessity for ensuring water security, public health, and sustainable development in the country.

Despite the growing awareness and multiple efforts by various stakeholders, the absence of a unified central legislation specifically focused on the protection, revival, and sustainable management of water bodies has been a major gap in India's water governance. Water bodies are currently governed by a patchwork of State laws, environmental regulations, and urban planning codes. Agencies responsible for water, environment, land, and urban development often operate in silos, leading to poor coordination and jurisdictional conflicts. There is no single accountable authority at the national level to ensure the protection and restoration of all types of water bodies. Many wetlands and lakes are inter- state or inter-jurisdictional in nature.

Existing environmental laws such as the Environment Protection Act, 1986 or the Water (Prevention and Control of Pollution) Act, 1974 do not adequately provide focused attention on water bodies like ponds, lakes, and wetlands. Encroachments and pollution often go unpunished due to regulatory loopholes and weak enforcement. Water bodies play a critical role in climate adaptation by recharging groundwater, preventing floods, and supporting biodiversity.

Countries like Australia, the USA, and the EU have integrated water laws that protect inland water bodies through centralized frameworks combined with local implementation.

A central law would provide a uniform regulatory framework and ensure coordinated action. The current state of India's water bodies urgently demands a comprehensive central legislation that moves beyond piecemeal and reactive measures.

Hence, this Bill.

A.D. SINGH.

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for the constitution of a National Water Bodies Board for the protection, revival and sustainable development of water bodies, its composition, the salaries and allowances payable to and other terms and conditions of service of the Chairperson and Members thereof. Clause 5 provides for the officers and employees of the Board and for their salaries and allowances and other terms and conditions of their service as well as for the engagement of consultants and visiting academicians, as required and for the payment of remuneration to them. Clause 9 provides that the Central Government after due appropriation shall provide adequate funds to the Board to carry out the purposes of the Bill.

The Bill, therefore if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of 100 crore rupees is likely to be required as recurring expenditure. Non-recurring expenditure to the tune of 5 crore rupees is also likely be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 15 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill, whereas Clause 16 empowers the National Water bodies Board, with the prior approval of the Central Government to make regulations. Clause 19 of the Bill empowers the Central Government to make such provisions through an order for removing any difficulty that might arise in giving effect to the provisions of the Bill.

As the matters in respect of which rules and regulations or orders may be made are matters of procedure and administrative detail, the delegation of legislative power is, of a normal character.

XXXIV

Bill No. XXIV of 2025

A Bill further to amend the Prohibition of Child Marriage Act, 2006.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:⸺

1. (1) This Act may be called the Prohibition of Child Marriage (Amendment)

Short title and commencement.

Act, 2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

6 of 2007.

2. In section 2 of the Prohibition of Child Marriage Act, 2006, for clause (a),

Amendment of section 2.

the following shall be substituted, namely:—

"(a) "child" means a person who has not completed eighteen years

of age;"Sec-2] THE GAZETTE OF INDIA EXTRAORDINARY 267 ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

The Prohibition of Child Marriage Act (PCMA), 2006 was enacted with the objective of preventing child marriages and protecting the rights of children, particularly girls, from early and forced marriages. The current Act defines a child as a male under 21 years of age and a female under 18 years of age. Section 3 of the PCMA allows any party who got married as a child to seek annulment of the marriage as long as the petition is filed within two years of attaining majority. While there is a different age limit for marriage in PCMA, under the Majority Act, 1875, majority is attained on completing 18 years of age. A literal reading of the provisions of PCMA suggest that both male and female parties can seek annulment of marriage before they attain 20 years of age. The issues arises whether the male party can annul the marriage at 23 years or 20 years due to the gender-based difference in the minimum age of marriage.

Judicial pronouncements have revealed a divergence of views. The Punjab and Haryana High Court and the Karnataka High Court, in separate rulings, held that marriages between consenting individuals above the age of 18—even when one party is below 21—are valid. In 2011, the Madras High Court in T. Sivakumar Vs. The Inspector of Police held that a literal interpretation will create an unfair disadvantage for males married at 20 years, who despite being married below the legal age, would not be able to annul the marriage and thus interpreted the age limit for annulment of marriage at 23 years. The Allahabad High Court in Sanjay Chaudhary has countered this by reasoning that male parties entering the marriage after attaining 18 years cannot claim ignorance of law. It opined that having same age limit, i.e. within 20 years of age, to file a nullity petition is aligned with the principle of gender equality. But the Allahabad High Court felt bound by the Supreme Court observations in Independent Thought Vs. UOI (2017) which mentioned that men could file annulment petition till the age of 23 years. As a result, the Allahabad High Court annulled the marriage and the aggrieved wife has filed an appeal in the Supreme Court.

In the Independent Thought case, the issue before the Supreme Court was not the age limit for filing nullity petition under PCMA. Its observations that a male child can get the marriage annulled before attaining the age of 23 years results in substantive unfair disadvantage giving males more time than females to exit child marriage, leaving wives unprotected and disproportionately affected which undermines the central objective of PCMA to protect and advance the status of women.

This differential treatment in defining legal age of marriage is inconsistent with the constitutional mandate of equality and equal protection under Article 14. The age of eighteen years is recognized in Indian law as the age of majority under the Majority Act, 1875, conferring full civil and legal capacity, including the right to vote (Representation of the People Act, 1951), to enter into contracts (Indian Contract Act, 1872), to be tried as an adult (Juvenile Justice Act, 2015), and to be recruited into the armed forces. There is no rational justification for maintaining a higher minimum marriage age for boys when the law otherwise recognizes them as full adults at eighteen.

This amendment seeks to bring uniformity in the legal minimum age of marriage for all genders at eighteen years, consistent with evolving societal norms, international human rights obligations and constitutional principles of equality. The amendment also seeks to remove ambiguity and ensure uniform enforcement of child marriage laws across jurisdictions.

Hence, this Bill.

A.D. SINGH.

XXXV

Bill No. XXXIII of 2025

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2025.

Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. After article 21A of the Constitution, the following new article shall be

inserted, namely:–

Insertion of new article 21B.

"21B. (1) Every citizen shall have the right to privacy, which shall include the right to personal autonomy, bodily integrity, dignity, and protection of personal data.

Right to Privacy and Digital Rights

(2) Every citizen shall have the right to control the collection, storage, use, processing and dissemination of their personal data, both online and offline, subject to reasonable restrictions imposed by law in the interest of:

(a) national security, (b) public order, (c) prevention of crime, (d) protection of the rights and freedoms of others, and (e) sovereignty and integrity of India.

(3) The State shall ensure that no citizen shall be subjected to surveillance, interception of communication, or profiling by automated systems, except in accordance with the procedure established by law.

(4) Every citizen shall have the right to:–

(a) secure communication;

(b) be informed when automated systems are used to make

decisions affecting their rights; and

(c) seek explanation for such decisions.

(5) Parliament may, by law, provide for the enforcement and protection of the rights guaranteed under this article and promote digital literacy and data ethics."270 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________

STATEMENT OF OBJECTS AND REASONS

In the 21st century, the digital revolution has transformed how individuals communicate, access information, and conduct their personal and professional lives. With this transformation, the concept of privacy has expanded beyond physical spaces into the digital realm.

Firstly, technology evolves at a rapid pace, often outstripping existing legal frameworks. Traditional rights to privacy, as understood in classical constitutional law, primarily protect physical privacy—such as protection against unlawful searches and seizures. However, digital privacy concerns include the collection, storage, and processing of massive amounts of personal data by both Governments and private entities. Without explicit constitutional safeguards, individuals remain vulnerable to invasive surveillance, unauthorized data sharing, and breaches of confidentiality in the digital space.

Secondly, the digital environment poses new forms of threats that the Constitution framers did not foresee. Cybercrimes like identity theft, phishing, hacking, and unauthorized use of personal information can cause serious harm to individuals. Governments and corporations often collect and analyze personal data for various purposes—ranging from national security to targeted advertising— sometimes without adequate transparency or consent. A dedicated constitutional provision ensures clear limits on such practices and provides citizens with enforceable rights and remedies.

Thirdly, privacy is a fundamental aspect of personal autonomy and dignity. In the digital age, control over personal data and online identity is crucial for protecting freedom of thought, expression, and association. Without protection, individuals may face censorship, discrimination, or repression based on their digital footprint. Recognizing digital rights constitutionally empowers citizens to safeguard their freedom in cyberspace, just as they do in physical spaces.

Furthermore, a separate constitutional provision provides legal clarity and consistency. It helps establish clear obligations for Governments and private actors, mandates transparency, and defines redress mechanisms for violations. This clarity is vital for judicial interpretation, policymaking, and technological innovation that respects human rights.

Lastly, with increasing global emphasis on data protection—through frameworks like the General Data Protection Regulation (GDPR) in Europe and similar laws worldwide—incorporating digital rights constitutionally aligns a nation with international human rights standards. This fosters trust in digital ecosystems, promotes responsible governance, and protects citizens in a connected world.

Though the Supreme Court of India in Justice K.S. Puttaswamy (Retd.) vs. Union of India (2017) recognized the right to privacy as a fundamental right under Article 21 of the Constitution, the absence of an explicit textual provision in the Constitution has led to interpretational inconsistencies and weak enforcement. With the rapid expansion of digital technologies, there is a compelling need to recognize Digital Rights, including informational privacy, protection from surveillance, algorithmic transparency, and control over personal data.

In conclusion, a separate constitutional provision on the Right to Privacy and Digital Rights is necessary to comprehensively protect individuals in the digital era. It ensures that fundamental rights evolve alongside technology, addressing new challenges while safeguarding personal freedoms and dignity in an increasingly digital society.

This amendment seeks to:

(i) insert a new Article 21B explicitly recognizing the Right to Privacy

and Digital Rights;

(ii) enable Parliament to legislate comprehensive frameworks to

protect these rights.

Hence, this Bill.

A.D. SINGHSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 271 ____________________________________________________________________ ____________________________________________________________________

XXXVI

Bill No. XLIII of 2025

A Bill to establish a legal framework for the recognition of content, attribution of

authorship and protection of intellectual property right in AI-generated works,

addressing the interests of creators, developers, users, and the public, with a focus

on ensuring access, transparency, fairness, and the ethical use

of AI technologies and for matters connected

therewith or incidental

thereto.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows: ––

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Machine Created Intellectual Asset Act,

2025.

Short title and commence- ment.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

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

(a) "AI Authority" means the National Artificial Intelligence

Data Governance Authority established under section 20;

(b) "Artificial Intelligence or AI" means a system or interrelated technology based on an algorithm or computer program integrated with hardware components built to perform tasks requiring human-like intelligence to make decisions or generate outputs without explicit human guidance;

(c) "AI Model" means a component of an information system that employs artificial intelligence technology, utilizing computational, statistical, or machine-learning techniques to process inputs and generate outputs, forming an integral part of automated decision- making or content generation;

(d) "AI generated works or content" or "machine created intellectual asset" means any output, material, or content, whether in the form of text, image, audio, video, code, design, data structure, or any other similar format, generated, whether wholly or substantially, by an Artificial Intelligence system, either autonomously or with limited human intervention, and which does not qualify as a work of human authorship under existing copyright or intellectual property law;

14 of 1957.

39 of 1970.

Explanation. — For the purposes of this clause, "AI-generated works or content" shall not apply to performances, inventions, or other subject matters regulated under the Copyright Act, 1957 or the Patents Act, 1970, or any other special law relating to intellectual property rights, except to the extent expressly provided herein.

(e) "creator" means, in relation to any literary, dramatic, musical, artistic, or other work that is AI-generated, a joint person, including the natural person(s) and/or legal entity responsible for the conceptualization, input, guidance, or supervision of the AI system in the creation of such work;

Explanation. –– For the purposes of this clause, "joint person" means two or more persons, whether natural, legal, or electronic, who collectively contribute to the creation, development, or authorship of a work or project, and who share rights, responsibilities, and ownership in accordance with the provisions of this Act.

(f) "electronic person" means an AI system, algorithm, or autonomous entity recognised under this Actor other laws for the time being in force in this behalf; as having specific legal rights, duties, or liabilities, with limited legal personality for intellectual property, contracts, or accountability, subject to regulatory and ethical oversight;

(g) "person" means any natural person, company, association, or body of persons, whether incorporated or not, and includes an electronic person, being an artificial intelligence system or autonomous entity that has been granted legal recognition, rights, or obligations under this Act or any other applicable law.

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

and

(i) "Tribunal" means the Special Tribunal established under

section 26.

21 of 2000.

(2) Words and expressions used but not defined in this Act and defined in the Information Technology Act, 2000 and rules made thereunder, shall have the meanings respectively assigned to them in that Act.

Meaning of origin tag.

3. For the purposes of this Act, "origin tag" means a structured set of embedded or associated data used to verify the origin, authenticity, and transformation history of AI-generated content, including, —

(i) source models, datasets, and algorithms;

(ii) involved entities in generation and distribution;

(iii) timestamps and geo-tags of creation and edits;

(iv) referenced or cited external content; and

(v) modification and custody logs ensuring end-to-end traceability.

Meaning of public interest.

4. For the purposes of this Act, "public interest" means activities such as research, education, critical analysis, journalism, non-commercial innovation, digital accessibility, and archival or preservation efforts that serve the broader public good and also encompasses the use of open data, access to public domain materials, and other lawful uses that may qualify as fair dealing or permitted use under Section 48 of this Act.

Provided that such use,—

(a) does not result in substantial commercial exploitation of AI-

generated or AI-assisted outputs;

(b) includes appropriate attribution where applicable;

(c) ensures that any AI system involved in such use operates in

accordance with ethical and transparency standards; and

(d) avoids generating or distributing harmful, deceptive, or manipulated content that may infringe upon rights or mislead the public.

Meaning of whistleblower.

5. For the purposes of this Act, "whistleblower" means any person, including but not limited to an employee, officer, contractor, expert, consultant, or member of the public, who voluntarily, makes a bona fide disclosure in the public interest and without personal gain or mala fide intent, to the Special Tribunal, the Central Government, the National AI Data Governance Authority, or any other authority constituted under this Act, of any information, complaint or evidence regarding,—

(a) the commission of an offence under this Act;

(b) misuse, abuse or violation of any provisions of this Act or any

rules or regulations made thereunder;

(c) any attempt to suppress, conceal, or falsify material data related to artificial intelligence systems, intellectual property, or related governance mechanisms;

(d) any instance of bias, discrimination, manipulation or

unethical conduct in the training, deployment or use of AI models; or

(e) any instance of retaliatory action or victimisation in

consequence of such disclosure.

Meaning of AI Sandbox.

6. (1) For the purposes of this Act, "AI Sandbox" means a controlled, regulated, and monitored virtual or physical environment established for the experimental development, testing, validation, and limited deployment of Artificial Intelligence systems, where developers, researchers, or organizations are permitted to operate AI technologies under regulatory oversight and relaxed legal conditions, subject to defined safeguards, ethical standards, and data protection requirements.

(2) An AI Sandbox shall function under the supervision of such competent authority designated under this Act, such as the National AI Data Governance Authority established under section 20, and shall enable, ––

(a) real-world or simulated testing of AI models prior to

commercial deployment;

(b) evaluation of intellectual property implications, potential

risks, and compliance gaps;

(c) collection of feedback from stakeholders, regulators, and

affected parties;

(d) temporary exemptions or calibrated application of regulatory obligations to promote innovation, provided such exemptions do not compromise public safety, rights, or lawful interests.

Illustration

A university research lab develops an AI tool that generates educational videos using copyrighted textbooks. Instead of releasing it publicly, the lab applies to test the tool within an AI Sandbox. The regulatory authority allows limited use under supervision, requiring watermarking of AI-generated videos, keeping detailed records, and ensuring that outputs are not used for commercial purposes during the trial phase.

7. For the purposes of this Act, "free AI model" means any AI system, tool, or

Meaning of free AI model.

model that —

(a) is made accessible to the public without any direct monetary

payment or licensing fee;

(b) is available as open-source, open-access, or under a Creative

Commons or similar license; and

(c) permits users to input prompts or data and generate content

without entering into a paid arrangement with the provider.

8. For the purposes of this Act, "paid or proprietary AI model" means any

Artificial Intelligence system, tool, or model that—

Meaning of paid or proprietary AI model.

(a) is accessible through a monetary transaction, subscription fee, enterprise licensing agreement, or other form of commercial arrangement;

(b) is offered as a proprietary or closed-source solution by its

developer, provider, or vendor; and

(c) provides access, support, or customization subject to

contractual terms or service-level agreements.

CHAPTER II

ELECTRONIC GOVERNANCE

Legal recognition of AI-generated electronic records.

9. Notwithstanding anything contained in any other law for the time being in force, where any electronic record is generated, processed, or communicated by an AI system in accordance with such technical and ethical standards, as may be prescribed, such record shall be deemed to be legally valid and enforceable.

Provided that the conditions prescribed under this Act, including authentication of digital signature, attribution of authorship, of the AI system, have been duly complied with.

Use of digital signature by AI technologies.

10. (1) Every AI system or technology operating within the jurisdiction of this Act and defined parameters as may be prescribed, and performing electronic functions or generating electronic records, shall mandatorily be assigned a verified digital signature, in such manner as may be prescribed, to ensure secure, identifiable, and accountable activity.

(2) The digital signature referred to in sub-section (1) shall, —

(a) be issued by a licensed Certifying Authority under the

21 of 2000.

Information Technology Act, 2000;

(b) be uniquely associated with the authorising person or entity;

(c) contains such metadata credentials traceable to the identification of the AI system or technology and its operational parameters; and

(d) ensure the integrity, authenticity, and non-repudiation of any electronic record, communication, or action initiated by such AI system.

(3) Any electronic record or action authenticated by an AI system bearing such digital signature shall, subject to the provisions of this Act and the Information Technology Act, 2000, be deemed to be valid and attributable to the person or entity responsible for deploying or operating such AI system, provided that—

(a) the AI system has acted within the scope of its authorisation;

and

(b) the digital signature remains valid and uncompromised at the

time of execution.

(4) It shall be the duty of the Certifying authority to —

(a) ensure that the AI system operates within defined parameters

and is regularly monitored for compliance; and

(b) revoke or suspend the digital signature in the event of

compromise, malfunction, or unauthorised use of the AI system.

(5) Nothing in this section shall affect the liability of the Certifying authority for any act or omission of the AI system performed under such digital signature.

11. Where any law requires that a document be signed or bears the signature of any person, such requirement shall be deemed to be satisfied in respect of electronic records generated by AI systems if —

Recognition of AI-signed communi- cations.

(i) the electronic record is authenticated by a digital signature assigned

to the AI system as per the provisions of this Act; and

(ii) the digital signature remains valid and unrevoked at the time of

authentication.

Inter- operability and open standards.

12. (1) The Central Government shall, promote the use and adoption of interoperable formats, open standards, and publicly accessible Application Programming Interfaces (APIs) in AI systems deployed by or on behalf of any public authority, particularly those used for governance and public purposes.

(2)Where any proprietary or closed-source AI system is procured, deployed, used, or integrated by a public authority for governance and public purposes, the public authority must comply with regulatory audit mechanisms and enable third-party oversight, in such manner as may be prescribed.

Explanation. – For the purpose of this section, –

(a) "interoperable format" means a data format or standard that allows exchange and processing of information across different systems without proprietary restriction;

(b) "open standard" means specifications or protocols that are publicly available, allowing for free use, modification, and distribution without licensing restrictions; and

(c) "public authority" means anybody, organization or establishment, , owned, controlled or substantially financed by or under the jurisdiction of the Central Government that engages in276 THE GAZETTE OF INDIA EXTRAORDINARY [Part-II ____________________________________________________________________ ____________________________________________________________________ works done for governance and public purposes and includes any non-Government organization, directly or indirectly funded by the Central Government;

Data integrity and auditability.

13. (1) All electronic records generated or processed by AI systems deployed for governmental or public use or service delivery, shall be subject to audit for —

(i) verifying data accuracy and provenance;

(ii) ensuring lawful use of data; and

(iii) detecting and mitigating systemic bias and discrimination.

(2) The Central Government may, by notification in the Official

Gazette, designate or authorise one or more authorities to conduct

technical, ethical and legal audits of such AI systems and its electronic

records.

(3) The manner, periodicity, scope, and consequences of such audits shall be such as may be prescribed.

CHAPTER III

LEGAL STATUS AND AUTHORSHIP OF AI-GENERATED CONTENT

14. (1) The authorship of AI-generated content shall, unless otherwise

prescribed by contract or regulation, be determined as follows —

Attribution of authorship of AI-generated content.

(i) in the case of paid AI models, authorship shall be attributed to

the natural or legal person who—

(a) initiated, directed, or caused the generation of such

content through the AI System; and

(b) bears responsibility for the operation, including the input

data, and output parameters of the AI System.

(ii) in the case of publicly available, open-source, or free AI

models, authorship shall be jointly attributed to —

(a) the person or entity that developed, maintained, or made

the AI model publicly accessible; and

(b) the person who initiated, directed, or caused the

.

generation of such content through the AI System.

14 of 1957.

Explanation. – For the purposes of this clause, where authorship is jointly attributed, such attribution shall be treated as joint authorship within the meaning of section 2(z) of the Copyright Act, 1957, and all rights, liabilities, and conditions applicable to joint authors shall, mutatis mutandis, apply.

(2) In the absence of a determinable human author under sub-section (1), the content shall be attributed to the person or entity that owns or has operational control over the AI System at the time of generation.

(3) The person or persons to whom authorship is attributed under this section shall, for all legal and regulatory purposes, be deemed to possess the corresponding rights and obligations under —

(a) this Act;

14 of 1957.

(b) the Copyright Act, 1957; and

(c) any other applicable law for the time being in force, including laws relating to civil liability, criminal liability, and consumer protection.

(4) Nothing in this section shall affect the operation of any licensing agreement, usage terms, or terms of service governing the use of the AI System.

Presumption of authorship in AI contexts.

15. (1) Unless proven otherwise, the person or entity whose digital credentials, authentication code, or organisational control is verifiably associated with the AI System that generated the content, shall be presumed to be the author or rights-holder of such content within the meaning of section 14 of this Act.

(2) This presumption under sub-section (1) may be rebutted by credible documentary, forensic, or other admissible technical evidence establishing different authorship or unlawful use of the AI System.

16. (1) The natural or legal person to whom authorship of an AI-generated work is attributed under the provisions of this Act shall have exclusive rights to, —

Rights conferred upon authorised persons.

(a) use, reproduce, adapt, and distribute the content;

(b) assign, transfer, or license any or all of the rights referred to

in clause (a), rights under the applicable laws; and

(c) initiate legal action against infringement or misuse of such

content, in such manner as may be prescribed.

(2) The rights conferred under sub-section (1) shall be exercisable for such period and subject to such conditions as may be prescribed, and shall be without prejudice to any public interest exceptions and regulatory guidelines, as may be prescribed.

Moral rights in AI-generated works.

17. (1) The natural or legal person to whom authorship of an AI generated work is attributed under this Act shall be entitled to moral rights in respect of such work, including right to integrity and right to attribution.

(2) The rights conferred under sub-section (1) shall not be waived, except by express written contract in such form and manner as may be prescribed.

Derivative AI- generated content.

14 of 1957.

18. (1) Where an AI system generates new content that is derived, in whole or in substantial part, from pre-existing human-authored works protected under the Copyright Act, 1957, such output shall be deemed as derivative work, and any use thereof shall be subject to the rights and licencing terms of the original right holder.

(2) The person or entity authorising the use of such AI system shall ensure compliance with applicable copyright and moral rights of the original creator.

Registration and disclosure of AI-created works.

19. (1) Any person or entity seeking exclusive rights in respect of an AI- generated content may apply for registration of such content to the AI Authority established under section 20 of this Act, in such form and manner, accompanied by such fee and within such time, as may be prescribed.

(2) Every such application shall be accompanied by a disclosure statement containing the following particulars, namely, —

(a) the identity of the AI system used for generating the content;

(b) the extent of human involvement, if any, in the generation of

the content;

(c) details of the person or entity having ownership or control of

the AI system at the time of generation; and

(d) such other information or supporting documentation as may

be prescribed.

(3) The AI Authority may, after making such inquiry as it deems fit and being satisfied about the eligibility of the applicant, grant or reject the certificate of registration and may, for reasons to be recorded in writing and after giving the applicant a reasonable opportunity of being heard, cancel or suspend such registration.

(4) The AI Authority shall establish and maintain a public register of

such registered AI-generated works, as per the provisions of section 23

of this Act.

CHAPTER IV

NATIONAL AI DATA GOVERNANCE AUTHORITY

Establishment of the National AI Data Governance Authority.

20. (1) The Central Government shall, by notification in the official

Gazette, establish an authority to be known as the National AI Data

Governance Authority for the purposes of regulating, supervising, and

facilitating the lawful collection, processing, and use of data for

artificial intelligence systems.

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

21. (1) The AI Authority shall consist of the following members —

Composition of the AI Authority.

(a) the Principal Scientific Adviser to the Government of

India, who shall be the ex-officio Chairman of the AI Authority;

(b) a Vice-Chairperson, to be appointed by the Central

Government, from amongst persons with proven expertise in

artificial intelligence, data science, or digital governance, in such

manner as may be prescribed;

(c) three Members of Parliament (two from the House of the

People and one from the Council of States), to be nominated by the

Presiding Officers of the respective Houses in such manner as may

be prescribed – Members;

(d) not more than twenty-one members to be appointed by

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

notification in the Official Gazette, from amongst individuals or

representatives capable of representing the following domains —

(i) AI research institutions and technical universities;

(ii) data protection and digital rights organizations;

(iii) start-ups and AI-driven enterprises;

(iv) public policy think tanks or regulatory bodies;

(v) legal experts with a focus on technology law,

intellectual property, or cyber law;

(vi) industry bodies in digital infrastructure, cloud

computing, or semiconductor manufacturing;

(vii) civil society organizations and consumer rights

advocacy groups;

(viii) representatives from key sectors adopting AI,

including agriculture, healthcare, education, and finance; and

(ix) any other area of interest or expertise which, in the

opinion of the Central Government, ought to be represented:

Provided that at least three members shall be experts in

law, possessing demonstrable expertise in legal and

regulatory frameworks relating to artificial intelligence, data

protection, and emerging technologies.

(2) The number of persons to be appointed from each of the categories

specified in clause (d) of sub-section (1), the salary and allowances

payable to, the terms and conditions of their appointment, their term

of office, the procedure to be followed in the discharge of their

functions, and the manner of filling vacancies among members of the

AI Authority shall be such as may be prescribed by rules made under

this Act.

(3) No act or proceeding of the AI Authority shall be invalid merely by reason of any vacancy in, or any defect in the constitution of, the AI Authority.

(4) It is hereby declared that the office of member of the AI Authority shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament or any other public office.

Officers and employees of the AI Authority.

22. (1) The Central Government may, in consultation with the AI

Authority, appoint such number of officers and employees as it

considers necessary, for the efficient discharge of the functions of the

AI Authority under this Act.

(2) The method of recruitment, salaries and allowances payable to, and

the other terms and conditions of service of, the officers and employees

of the AI Authority appointed under sub section (1) shall be such as

may be prescribed.

Powers of the AI Authority.

23. The AI Authority shall, subject to any rules that may be made under this Act, have power to regulate its own procedure, including the fixing of places and times of its sittings.

24. (1) The AI Authority shall establish and maintain a central Repository of

AI-Generated Content, for the purposes of, —

Repository of AI-generated content.

(a) promoting transparency, accountability, and traceability of AI-

generated works;

(b) enabling rights management, registration, and licensing of

machine created intellectual assets; and

(c) supporting research, monitoring, and policy formulation on the

use and impact of AI systems in content creation.

(2) The Repository shall be a secure, searchable, and interoperable digital platform accessible to the public, subject to reasonable restrictions, and shall include metadata, such as —

(a) the identity of the attributed author or controlling entity;

(b) the date and nature of creation;

(c) the AI model or system used;

(d) the type and scope of content generated; and

(e) any applicable copyright, license, or public domain status.

Duties of the AI Authority.

25. (1) It shall be the duty of the AI Authority to oversee, coordinate, and regulate the governance of data used in the development, training, testing, deployment, and auditing of artificial intelligence systems in India.

(2) Without prejudice to the generality of the foregoing, the AI Authority shall perform all or any of the following functions: —

(a) formulate and issue binding standards on data quality, data classification, consent, anonymisation, pseudonymisation, and data minimisation for AI systems;

(b) monitor and ensure compliance with data-related provisions of this Act and other applicable laws concerning AI-generated content and copyright;

(c) develop frameworks for responsible data sharing and data

trusts, particularly for datasets used to train generative AI models;

(d) certify high-risk or sensitive datasets used in training AI systems that have implications for copyright, intellectual property, or public interest;

(e) conduct or commission audits of datasets and training pipelines to ensure conformity with legal, ethical, and quality standards;

14 of 1957.

(f) maintain a central registry of datasets used by AI models that generate or manipulate content protected under the Copyright Act, 1957 and/or rules made thereunder;

(g) promote data transparency and explainability, including mandating disclosure of dataset provenance, generative trace metadata, and content lineage, where required;

(h) advise the Central Government on policies related to AI data governance, especially as it intersects with creativity, innovation, and the protection of rights;

(i) facilitate cooperation with other national and international

data protection, copyright, and AI governance bodies;

(j) provide technical and legal assistance to creators, developers, and copyright holders in identifying unauthorized use of their data in AI systems;

(k) develop model contracts, licenses, and consent frameworks

for the ethical acquisition and use of data in AI training;

(l) undertake public awareness and capacity-building initiatives to foster responsible data practices and legal literacy among stakeholders; and

(m) perform such other functions as may be assigned to it under

this Act or any rules made thereunder.

(3) The AI Authority may make regulations, with the previous approval of the Central Government, as deemed necessary, for ––

(a) mandatory or voluntary submission of AI-generated content

for registration;

(b) confidentiality of sensitive or proprietary content;

(c) consequences of misrepresentation or falsification of AI- generated content, or non-compliance with Repository requirements; and

(d) any other matter, as may be deemed necessary.

CHAPTER V

SPECIAL TRIBUNALS

Establishment of Special Tribunals.

26. (1) The Central Government shall, by notification in the official

Gazette, establish one or more Special Tribunals (for the expeditious

adjudication of disputes and offences arising under this Act and for the

awarding of penalties.

(2) Any person or entity aggrieved by any direction or order or decision of the AI Authority may prefer an appeal to the Tribunal in whose jurisdiction the matter falls, in such form and manner as may be prescribed.

(3) On receipt of an appeal under sub-section (2), the Tribunal may after giving the parties a reasonable opportunity of being heard, pass such orders, including interim orders, as it thinks fit.

(4) The decision of the Tribunal under the Act shall be binding and enforceable as a decree of a civil court.

Procedure of the Tribunal.

27. (1) The Central Government may, by notification, specify the ordinary place or places of sitting of the Tribunal and the territorial jurisdiction pertaining to each such place.

(2) The Central Government may, in consultation with the Chairperson, frame rules to regulate the practice and procedure of the Special Tribunal, including, but not limited to —

(a) the categories of persons entitled to appear before the

Tribunal;

(b) the procedure for hearing of original applications and appeals,

including circuit sittings outside the ordinary place of sitting;

(c) the minimum number of Members required to constitute a Bench for hearing applications or appeals, subject to the condition that the number of Expert Members shall be equal to the number of Judicial Members on any such Bench; and

(d) the procedure for transfer of proceedings from one Bench to

another, or from one place of sitting to another.

28. (1) The Tribunal shall consist of—

Composition of the Tribunal.

(a) a full-time Chairperson, who shall be a person qualified to

be appointed as a Judge of the Supreme Court or a Chief Justice

of a High Court;

(b) not less than ten, but not exceeding twenty, full-time

Judicial Members, as may be notified by the Central Government

from time to time, who shall be persons qualified to be appointed

as Judges of a High Court and possess demonstrable knowledge or

experience in the fields of technology law, intellectual property, or

data governance; and

(c) not less than ten, but not exceeding twenty, full-time

Expert Members, as may be notified by the Central Government

from time to time, who shall be persons of ability, integrity, and

standing, having special knowledge and professional experience of

not less than fifteen years in the fields of artificial intelligence,

machine learning, computer science, data science, or intellectual

property.

(2) The Chairperson of the Tribunal may, if deemed necessary in any

particular matter, invite one or more individuals possessing specialised

knowledge or expertise relevant to the subject matter of the dispute to

assist the Tribunal in an advisory capacity.

(3) The salary and/or allowances payable to, and other terms and

conditions of service of, the Chairperson and other Members of the

Tribunal including experts invited under sub-section (2) shall be such

as may be prescribed.

29. (1) A person shall not be qualified for appointment as the Chairperson of

the Tribunal unless they—

(a) are, or have been, a Judge of the Supreme Court; or

(b) are, or have been, the Chief Justice of a High Court.

Qualifications for appoint- ment as Chairperson, Judicial Member and Expert Member.

(2) A person shall not be qualified for appointment as a Judicial Member unless they —

(a) have held a judicial office in the territory of India for at least

fifteen years; or

(b) have been a member of the Indian Legal Service and have held

a post of Additional Secretary or equivalent for at least three years; or

(c) have been an advocate for not less than fifteen years with substantial experience in the field of intellectual property, technology law, or constitutional law.

(3) A person shall not be qualified for appointment as an Expert Member unless they —

(a) possess a doctoral degree or Master's degree in computer science, artificial intelligence, data science, intellectual property, or related fields from a recognised university or institution; and

(b) have professional experience of not less than fifteen years in matters relating to artificial intelligence, emerging technologies, data governance, machine learning, or intellectual property rights.

Selection Committee.

30. (1) The Chairperson and other Members of the Tribunal shall be appointed by the President, on the recommendation of a Selection Committee constituted by the Central Government.

(2) The Selection Committee shall consist of, —

(a) the Chief Justice of India or a Judge of the Supreme Court

nominated by the Chief Justice of India — Chairperson ex-officio;

(b) the Cabinet Secretary to the Government of India — Member

ex-officio;

(c) the Secretary to the Government of India in the Ministry of

Law and Justice — Member ex-officio;

(d) the Secretary to the Government of India in the Ministry of

Electronics and Information Technology — Member ex-officio; and

(e) an eminent academic or technologist to be nominated by the Central Government in such manner as may be prescribed — Member.

Tenure, Resignation and Removal of the Chairperson and Members of the Tribunal.

31. (1) The Chairperson and every Member shall hold office for a term of five years from the date of entering upon their office, and shall be eligible for reappointment for a further term of three years, subject to an upper age limit of seventy years in the case of the Chairperson and sixty-five years in the case of other Members.

(2) The Chairperson or any Member may resign their office by giving notice in writing to the President of India and shall vacate office on the expiry of three months from the date of such notice or earlier, if permitted by the President.

(3) The Central Government may remove from office the Chairperson or any Member on grounds of proven misbehaviour or incapacity, after an inquiry conducted in accordance with the principles of natural justice by a sitting Judge of the Supreme Court nominated by the Chief Justice of India.

32. (1) The Tribunal shall have the power to adjudicate upon all disputes and

Powers of the Tribunal.

matters arising out of or in connection with the following, —

(a) infringement, assignment, licensing, and use of copyright, patents, trademarks, and other forms of intellectual property in relation to artificial intelligence and digital technologies;

(b) disputes regarding ownership, originality, fair use, or

infringement arising from AI-generated works or datasets;

(c) challenges to decisions of the AI and intellectual assets

constituted under this Act;

(d) appeals against orders or directions issued by the AI Authority

or any other regulatory body under this Act;

(e) interpretation and enforcement of data usage and consent-

related provisions for AI training or development purposes;

(f) claims of liability or damages arising out of unauthorised use

of copyrighted content by or through AI Systems;

(g) disputes regarding authorship, attribution, or royalties

pertaining to AI-generated or AI-assisted works; and

(h) any other matter as may be assigned by the Central

Government.

5 of 1908.

(2) The Tribunal shall, for the purposes of exercising the powers conferred on it and discharging the functions assigned to it under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely —

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

examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) issuing commissions for the examination of witnesses or

documents;

(e) reviewing its decisions;

(f) dismissing an application for default or deciding it ex-parte;

(g) setting aside any order of dismissal of any application for

default or any order passed by it ex-parte; and

(h) any other matter which may be prescribed.

33. The Tribunal shall perform all or any of the following functions, namely —

Functions of the Tribunal.

(a) to adjudicate cases brought before it under this Act or any

other law in force, as may be notified by the Central Government;

(b) to ensure effective enforcement of rights and duties under this

Act through issuance of orders, directions, and penalties;

(c) to promote settlement of disputes through mediation or

alternative dispute resolution mechanisms, where possible;

(d) to provide guidance through reasoned decisions which may

serve as precedents in the domain of AI and intellectual property; and

(e) to undertake, in appropriate cases, suo motu review of any decision if such decision appears to cause manifest injustice or is contrary to the provisions of this Act.

Officers and staff of the Tribunal.

34. (1) The Central Government shall provide such number of officers and

staff, as it may deem fit, to assist the Tribunal in the efficient discharge

of its functions.

(2)The method of recruitment/appointment, the salary and allowances

payable to, and other terms and conditions of service of, the officers

and staff shall be such as may be prescribed.

Appeal to the Supreme Court.

35. Any person aggrieved by any judgment, decree, or final order of the Tribunal may, within ninety days from the date of such judgment, decree, or order, prefer an appeal to the Supreme Court, on the ground that it involves a substantial question of law relating to the interpretation or application of this Act.

Provided that the Supreme Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period as may be prescribed.

Procedure for Appeals.

36. The Supreme Court may make rules consistent with the provisions of this Act, for governing the procedure to be followed in respect of appeals made to it under section 36.

CHAPTER VI

REMEDY AND PENALTY

Penalty for unauthorized use of protected machine generated intellectual asset.

37. Whoever, knowingly, or having reason to believe, infringes or abets the infringement of any copyright or proprietary right in a machine generated intellectual asset protected under this Act shall be punished with imprisonment for a term which shall not be less than six months but which may extend to three years; or with fine of not less than fifty thousand rupees but which may extend to five lakh rupees; or with both.

Provided that where the infringement is not committed for commercial gain or profit, the AI Authority or the Court, as the case may be, may, for reasons to be recorded in writing, impose a sentence lesser than the sentence prescribed under this section.

Penalty for violation of data governance standards.

38. Whoever fails to comply with any rule, guideline, standard, or directions issued by the AI Authority or processes, stores, or transfers data in contravention of the provisions of this Act or rules made thereunder, shall be liable to a penalty which may extend to ten lakh rupees, in the case of a natural person; and five crore rupees, in the case of a company, or body corporate or electronic person.

Penalty for non- disclosure or mis- representation.

39. Whoever, while applying for registration of AI generated content or enjoys the rights conferred by or is covered in any manner under the provisions of this Act, is found to be knowingly suppressing material facts from the authorities or the Government or provides false, inaccurate, or misleading information, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one lakh rupees, or with both.

Penalty for re- identification of anonymised data.

40. Whoever, without lawful authority, intentionally re-identifies or attempts to re-identify anonymised data used in AI systems shall be punished with imprisonment for a term which may extend to three years, or with fine not exceeding fifty lakh rupees, or with both.

Explanation. — For the purposes of this section, —

(a) "anonymised data" means any data which has been processed to remove or obscure personally identifiable information of the data subject from the data set to maintain data privacy in compliance with the data protection laws for the time being in force; and

(b) "re-identification" means any process, method, or technique of matching anonymous data with another dataset containing identifying information or auxiliary data to discover the identity of the data subject.

41. (1) Whoever knowingly and without lawful authority —

(a) assigns or issues a digital signature in respect of an AI

system; or

Penalty for unauthorised or fraudulent use of digital signature by AI systems.

(b) misuses, tampers with, or facilitates the misuse of a digital

signature issued to an AI system; or

(c) causes an AI system to authenticate or transmit electronic

records using a falsified or compromised digital signature;

shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to ten lakh rupees, or with both.

(2) Where the offence under sub-section (1) is committed with the intent to cause wrongful loss or gain, or to commit fraud or impersonation or misrepresentation, the offender shall be punished with imprisonment for a term not less than three years, but which may extend to seven years, and with fine not less than ten lakh rupees.

(3) Any person authorised under this Act who, having knowledge or reasonable belief of the compromise, misuse, or unauthorised assignment of a digital signature associated with an AI system, fails to revoke, suspend, or report such digital signature in the manner prescribed shall be liable to a penalty not exceeding ten lakh rupees, and may be subject to such disciplinary or regulatory action as may be prescribed.

21 of 2000.

(4) Nothing in this section shall preclude the simultaneous initiation of proceedings or imposition of penalties under the Information Technology Act, 2000, or under any other applicable lawfor the time being in force, in respect of the same act or omission.

Offences by companies.

42. (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 responsible to the company for the conduct of its business shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the contravention or offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention or offence.

(2) Notwithstanding anything contained in sub-section (1), where a contravention or an offence under this Act has been committed by a company and it is proved that the contravention or offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or any other officer of the company, such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation. — For the purposes of this section, —

(a) "company" means anybody corporate and includes a co- operative society registered or deemed to be registered under any law for the time being in force, a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the

firm.

Protection to whistleblowers .

43. (1) No person who makes a complaint, discloses information, or assists the AI Authority in good faith with respect to a contravention of or an offence under this Act shall be subjected to any civil, criminal, or administrative liability or any form of reprisal, coercion, or discrimination by reason of such disclosure.

(2) Whoever causes harm to a whistleblower in contravention of sub- section (1) shall be liable to punishment with imprisonment which may extend to one year or with fine which may extend to two lakh rupees or with both.

(3) The AI Authority may issue directions for ensuring the anonymity, safety, and non-retaliation of whistleblowers.

Civil remedies.

44. (1) Without prejudice to any other action that may be taken under this Act, any person aggrieved by an act of violation of the provisions of this Act may initiate civil proceeding before a competent court for any one or more of the following reliefs, namely, —

(a) compensation for loss or damage suffered; or

(b) an injunction or restraining order against continued or

imminent violation;

(c) direction for the removal or rectification of unlawful AI systems or data processing activities that has caused or contributed to the violation; or

(d) any other relief that the court may deem just and proper

taking into account the circumstances of the case.

(2) In any proceeding under sub-section (1), while awarding compensation, the court shall take into consideration the nature and extent of the violation, the degree of harm, and the whether the act or omission was wilful.

(3) The provisions of this section shall apply without prejudice to the right of the aggrieved person to seek any other remedy under this Act or under any other applicable law for the time being in force.

Interim measures and relief.

45. (1) The Tribunal or the AI Authority or any designated officer authorised by it, may, in the interests of justice or to prevent imminent harm, issue interim orders including but not limited to, —

(a) suspension of any AI system or data activity; or

(b) direction to cease and desist from specified actions; or

(c) seizure or preservation of digital evidence.

(2) Interim orders issued under sub-section (1) shall remain in force for a period not exceeding thirty days unless extended by a competent court or the AI Authority upon sufficient cause being shown.

(3) The procedure for seeking interim relief, as well as the conditions governing the grant of such relief, shall be such as may be prescribed.

46. All sums realised by way of penalties imposed under the provisions of this

Act, shall be credited to the Consolidated Fund of India.

Crediting sums realised by way of penalties to Consolidated Fund of India.

CHAPTER VII

IMMUNITY AND EXEMPTION FROM LIABILITY

General immunity in case of action taken in good faith.

47. (1) No civil or criminal liability shall be imposed on any person or entity, who, in good faith and in compliance with the applicable laws and prescribed standards, engages in the lawful development, deployment, analysis, or disclosure of AI systems solely for the purposes of ethical research, transparency, public interest, open innovation, or regulatory AI Sandbox testing. Provided that such activity is undertaken with due diligence, adheres to the principles of proportionality and minimal harm and does not contravene the provisions of this Act or any law for the time being in force.

(2) The immunity under sub-section (1) shall not apply in cases where —

(i) the activity is undertaken maliciously, for material gain, or to

defame, deceive, or cause harm; or

(ii) there is wilful violation of data protection laws or security

protocols; or

(iii) the developer knowingly fails to address major or critical

flaw in open-source AI models, once alerted; or

(iv) the AI Sandbox participants exceed the scope, terms, or time

limitations of regulatory approval.

Illustration

A developer releases an open-source AI tool capable of generating synthetic speech. The tool includes a watermarking system, ethical use policy, and technical guardrails to prevent misuse. The developer is immune from liability if the tool is misused by a third party to imitate the voice of a celebrity or a public figure.

48. (1) Notwithstanding anything contained in this Act, the following acts shall not constitute an infringement of any machine created intellectual assets or proprietary right recognised under this Act in respect of any AI-generated work, model, dataset, or digital artefact, —

(a) fair dealing with any AI-generated work, not being an

Certain uses not to constitute infringement of machine created intellectual assets.

algorithmic system itself, for the purposes of —

(i) private or personal use, including academic research and

innovation; or

(ii) criticism or review, whether of that work or any other

related work; or

(iii) reporting of current events or developments in science

and technology.

(b) the use of AI-generated data or content for training, testing, or

improving AI models, where such use is —

(i) non-commercial, academic, or public interest-oriented;

(ii) accompanied by appropriate acknowledgement of

source and authorship, where applicable; and

(iii) does not unreasonably prejudice the legitimate interests

of the rights holder.

Provided that prior permission from the data holder shall be required for the use of data in the training, testing, or improvement of AI models, subject to the approval of the AI Authority:

Provided further that it shall be the duty of the AI Authority to assess and ensure that such use does not perpetuate or introduce bias within the system.

(c) transient or incidental storage or caching of AI-generated works during the process of electronic transmission or communication to the public, where such storage —

(i) is automatic and technical in nature; and

(ii) is temporary in nature; and

(iii) does not involve modification or unauthorized use of

the protected work.

(d) use of AI-generated datasets or metadata for the purposes of verifying accuracy, traceability, or compliance with law, by regulatory or judicial authorities.

(e) reproduction or communication of any AI-generated work in

any accessible format by —

(i) a person with disability for private, educational, or

research use; or

(ii) a non-profit organisation serving the needs of persons with disabilities, provided such reproduction is done on a cost- recovery basis and does not enter ordinary commercial channels.

(f) the observation, study, or reverse engineering of any AI system or output for the purpose of interoperability, transparency, or ensuring safety and accountability in AI deployment, provided that such activity does not result in substantial reproduction of proprietary code or datasets.

Explanation. — For the purposes of this section, "fair dealing" shall be interpreted in accordance with the evolving technological standards and public interest considerations.

Exemption from liability of AI intermediary in certain cases.

49. (1) Notwithstanding anything contained in this Act or any law for the time being in force, but subject to the provisions of sub-sections (2), (3), and (4), an AI Intermediary shall not be held liable for any third-party information, AI-generated content, datasets, prompts, models, outputs, or communication links made available, transmitted, or hosted by it, subject to compliance with the provisions of this Act.

(2) The exemption under sub-section (1) shall apply only where ––

(a) the role of the AI Intermediary is confined to, ––

(i) facilitating access to AI systems or computing

infrastructure;

(ii) hosting or enabling access to AI models or datasets

developed by third parties; or

(iii) transmitting or storing user-generated prompts, queries,

or outputs on a passive or temporary basis;

(b) the AI Intermediary does not, —

(i) initiate the generation of the AI-generated content in

question;

(ii) exercise control over the selection of the receiver of the

output; or

(iii) modify the content, prompt, dataset, or model except

for technical or performance optimization;

(c) the AI Intermediary exercises due diligence in content moderation, traceability, safety measures, and observes such technical protocols or ethical standards as may be prescribed by the Central Government or the AI authority established under this Act.

(3) The exemption conferred by sub-section (1) shall not apply where —

(a) the AI Intermediary has —

(i) knowingly abetted, or conspired in; or

(ii) facilitated the commission of any unlawful act through

the AI system; or

(iii) gained monetary benefit directly from specific acts of

infringement, defamation, or other actionable wrongs;

(b) upon receiving actual knowledge or a written notice from the Central Government, the AI Authority, or a competent court or Tribunal regarding any unlawful activity, the AI Intermediary fails to expeditiously disable access to or remove such content, dataset, tool or output while ensuring preservation of digital evidence for legal and regulatory scrutiny.

50. Every AI intermediary seeking exemption under section 49 shall —

Obligations of AI intermediaries.

(i) establish and publicly disclose a comprehensive content governance policy, including permitted and prohibited uses of the platform, and redressal mechanisms for users and third parties, in such form and manner as may be prescribed;

(ii) implement technical safeguards for detection and red-flagging of outputs constituting hate speech, child sexual abuse material, non- consensual deepfakes, copyright infringement or any unlawful act;

(iii) logging and preserving metadata consistent with "origin tag"

standards as specified under this Act;

(iv) maintain and submit periodic transparency reports, in such form and manner and at such duration, as may be prescribed, detailing therein, ––

(a) content removal actions;

(b) Government and regulatory requests; and

(c) reported abuse cases and response times;

(v) cooperate in good faith with investigations initiated by law

enforcement or regulatory authorities; and

(vi) ensure interoperability with the AI authority registry systems

and standardised AI auditing protocols.

Explanation. — For the purposes of this section, the expression "third party information" means information dealt with by an AI intermediary in his capacity as such.

CHAPTER VIII

ACCOUNTS, AUDIT AND ANNUAL REPORT

Central Government to provide funds.

51. The Central Government may, after due appropriation made by

Parliament by law in this behalf, grant such sums of money to the AI

Authority, as it may think fit, for carrying out the purposes of this Act.

Accounts and Audit.

52. (1) The AI Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed in consultation with the Comptroller and Auditor General of India.

(2) The accounts of the AI Authority as audited and 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 by the Authority to the Central Government, which shall cause the same to be laid, as soon as may be after it is received, before each House of Parliament.

Annual Report.

53. (1) The AI Authority shall prepare, in such form and manner and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and forward a copy thereof to the Central Government.

(2) The Central Government shall cause the annual report to be laid, as soon as may be after it is received, before each House of Parliament.

CHAPTER IX

MISCELLANEOUS

54. The Chairperson, Members and officers and staff of the AI Authority and Special Tribunals shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of sub-section (2) of section 28 of the Bharatiya Nyaya Sanhita, 2023.

45 of 2023.

Members, officers and staff of the AI Authority and Special Tribunals to be public servants.

Protection of action taken in good faith.

55. No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government or any member or any officer or employees of the AI Authority or the Special Tribunals in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder.

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

make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely, —

Power of Central Government to make rules and of the AI Authority to make regulations.

(a) the manner and procedure for registration, audit, and accountability of AI systems under sub-section (3) of section 12, section 13, section 19 and sub-section (3) of section 25;

(b) the standards for testing, certification, and explainability of

AI systems before deployment;

(c) the process for applying for and granting digital signatures

to AI systems under section 10;

(d) the form and manner of attribution of authorship and

ownership of AI-generated content under section 14;

(e) the procedure for identifying, designating, and regulating

high-risk AI systems;

(f) the format and content of notices and disclosures required

under this Act under sub-section (2) of section 19;

(g) the requirements and process for registration of AI

developers, providers, and deployers under section 19;

(h) the safeguards for the protection of data used in AI training

and deployment; and

(i) any other matter which is to be, or may be, prescribed under

this Act.

(3) The AI Authority, may from time to time, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder, for carrying out the purposes of the Act.

(4) 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 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.

Savings. 57. (1) Nothing in this Act shall be deemed to —

(a) affect the operation of any other law for the time being in force in India, including laws relating to intellectual property, information technology, data protection, consumer protection, or public safety, unless such law is inconsistent with the provisions of this Act;

(b) limit or interfere with any right or remedy available to any

person under any other law or contract for the time being in force;

(c) affect any act done, liability incurred, or right accrued under any other law prior to the commencement of this Act, provided such act, liability, or right is not inconsistent with the provisions of this Act.

(2) In the event of any inconsistency or conflict between the provisions of this Act and any other law for the time being in force, the provisions of this Act shall, unless otherwise expressly provided in such other law, prevail to the extent of such inconsistency or conflict.

(3) Nothing contained in this Act shall be construed as invalidating any notification, circular, direction, guideline, or order issued by the Central Government or any competent authority under any existing law, which is consistent with the objectives and purposes of this Act.

58. 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

Act to supplement other laws.

Power to remove difficulties.

59. (1) If any difficulty arises in giving effect to the provisions of this Act, the appropriate Government may, by order published 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 removal of the difficulty:

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

of the period of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

STATEMENT OF OBJECTS AND REASONS

The exponential advancement of Artificial Intelligence (AI) technologies has given rise to novel forms of intellectual and creative output that challenge the traditional foundations of Intellectual Property Rights (IPR). Existing legal frameworks, which are predominantly anthropocentric, were never designed to accommodate the non-human authorship, automated creation, or autonomous decision-making that characterises AI-generated works and inventions.

This Bill seeks to address these unprecedented developments by creating a sui generis legal framework that diverges from conventional doctrines of authorship, originality, and inventorship. It acknowledges that assets created by AI systems, be it in the form of text, images, inventions, data models, or any form of creative or functional expression—constitute a new class of intellectual property, which cannot be adequately governed under the existing Copyright Act, 1957, the Patents Act, 1970, or other analogous laws.

Recognising the transformative economic, cultural, and technological significance of AI-generated content, this legislation aims to provide legal status, ownership rights, and regulatory mechanisms for AI-generated intellectual output. It proposes a distinct classification of rights that balances innovation, accountability, and public interest while fostering trust in AI technologies and protecting stakeholders' rights, including developers, users, and society at large.

This Bill seeks to pioneer a sui generis model of intellectual property governance that reimagines the contours of ownership, authorship, liability, and enforcement in the age of machine-generated creation, thereby, ensuring that Indian law remains responsive, adaptive, and forward-looking in the face of technological evolution.

Hence this Bill.

SUJEET KUMAR.

FINANCIAL MEMORANDUM

Clause 20 of the Bill provides for the establishment of a National Artificial Intelligence Data Governance Authority whereas Clause 21 provides for the composition of the Authority and for the salaries and allowances payable to as well as other terms and conditions of service of the Chairperson and Members thereof. Clause 22 provides that the Central Government shall appoint such number of officers and employees to the Authority as may be required for its efficient functioning and for the salaries and allowances payable to and other terms and conditions of their service. Clause 26 provides for the establishment of a Special Tribunal and Clause 28 provides for its composition and the salaries and allowances payable to and other terms and conditions of service of the Chairperson and Members thereof. Clause 34 provides that the Central Government shall provide the Tribunal with such number of officers and staff as required to assist it in the performance of its duties and for the salary and allowances payable to them as well as the terms and conditions of their service. Clause 51 provides that the Central Government shall make available adequate funds to the National Artificial Intelligence Data Governance Authority, as may be deemed necessary for carrying out the purposes of the Bill.

The Bill, therefore, if enacted, will involve expenditure, both of recurring and non-recurring nature, from the Consolidated Fund of India and the Consolidated Fund of the respective States. However, it is difficult to estimate the exact quantum of expenditure likely to be involved at this stage.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 56 of the Bill empowers the Central Government to make rules and the AI Authority, with the previous approval of the Central Government to make regulations, for carrying out the purposes of the Bill. Clause 59 of the Bill empowers the appropriate Government to make such provisions through an order, as may be considered necessary or expedient, to remove any difficulty that may arise in giving effect to any of the provisions of the Bill.

As the rules or regulations or orders will relate to matters of procedural and administrative detail only, the delegation of legislative power is of a normal character.

XXXVII

Bill No. XLV of 2025

A Bill to establish a comprehensive legal framework for the

classification, protection and management of sensitive information

relating to national security; to regulate the authorised access, handling

and disclosure of such information; to penalise

unauthorised access and disclosure, including

acts of espionage; to safeguard constitutional

rights and ensure transparency; and to repeal

the Official Secrets Act, 1923, along with

matters connected therewith or

incidental thereto.

WHEREAS it is expedient to provide a comprehensive and contemporary legislative framework for the classification and protection of sensitive information pertaining to the sovereignty, integrity, defence and strategic interests of India;

AND WHEREAS it is necessary to criminalise espionage and unlawful disclosures while safeguarding the right to information, whistleblower protection and democratic oversight.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of

India as follows:––

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Classified Information and Espionage

Control Act, 2025.

Short title, application and commencement.

(2) The provisions of this Act shall apply to,—

(a) every citizen of India, whether within or outside the territory

of India;

(b) any person on board a ship or aircrafts registered in India,

wherever they may be; and

(c) any person, irrespective of citizenship, whether within or beyond the territorial boundaries of India, who unlawfully obtains or discloses classified information concerning the national interest of India and thereby commits an offence under this Act.

(3) 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.

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

(a) "Board" for the purpose of this Act is Independent Review Board on National Security and Disclosures, established under section 11;

(b) "classified information" means any information, document, material or communication declared by the Central or State Government to be sensitive to national security, defence or strategic interests, and marked confidential, secret or top secret, the unauthorised disclosure of which is likely to prejudice national security or international relations;

Explanation.– For the purpose of this clause, "unauthorized disclosure" means dissemination of classified information by a person who is not authorised or who acts in violation of this Act.

(c) "espionage" means any act of accessing, obtaining, recording, copying, disclosing, transmitting or retaining classified information with the intent to harm the sovereignty, integrity or security of India;

(d) "information" means any oral, written, electronic or any other form of communication or data, whether tangible or intangible, and whether stored, transmitted or received by any means;

(e) "public interest disclosure" means disclosure made in good faith to an authorised constitutional authority for exposing corruption, illegality or abuse of power; and

(f) "prescribed" means prescribed under the rules made under

this Act.

CHAPTER II

CLASSIFICATION AND HANDLING OF INFORMATION

Classification Protocol.

3. (1) The Central Government shall, by notification in the official Gazette, establish a system for classification of information based on sensitivity, and such system shall include levels of category such as "Confidential", "Secret" and "Top Secret" or such other levels as may be notified from time to time.

(2) The classification referred to in sub-section (1), shall be based on the sensitivity, potential harm to national security, and duration for which secrecy is warranted in the interest of the state.

(3) No classification shall be made or maintained with the intent to conceal corruption, abuse of authority, or violations of human rights.

Declassification and Review.

4. (1) All information classified under section 3, shall be subject to periodic review by the Board, constituted under section 12, at an interval not exceeding five years from the date of such classification or of the last review, as the case may be.

(2) Notwithstanding anything contained in sub-section (1), the Board referred to in sub-section (1), on its own motion or on the recommendation of any such authority or person as may be prescribed, may declassify any information at any time prior to the expiry of the period specified therein, if it is satisfied that disclosure of such information no longer prejudices national security.

Security clearance and need-to-know access.

5. (1) No person shall be granted access to any information classified under the provisions of this Act, except where such person is holding a valid security clearance, issued by such authority and after following due clearances as may be prescribed.

(2) Information shall be shared strictly on a need-to-know basis, and any unauthorised access or attempt to obtain such information without lawful authority shall be a punishable offence under this Act.

CHAPTER III

OFFENCES AND PENALTIES

Espionage.

6. (1) A person shall be deemed to have committed the offence of espionage, if such person with wilful intent or purpose prejudicial to the sovereignty, integrity, security, or strategic interests of the State,—

(a) approaches, inspects, photographs, records, surveys, geolocates, flies drones over, or enters any prohibited place, sensitive digital network, secured defence installation, or protected perimeter, without lawful authority; or

(b) makes, copies, transmits, digitises, hacks, decrypts, models, or otherwise generates any sketch, plan, schematic, model, map, topographic data, digital representation, or other record, in any form, physical or digital, which is calculated to be, or is likely to be, or is intended to be, directly or indirectly useful to a foreign power, non- state actor, or enemy entity; or

(c) obtains, collects, mines, leaks, records, sells, trades, or communicates, whether directly or indirectly, through artificial intelligence systems, spyware, hacking, data scrapers, bots, or digital surveillance tools; any secret official password, classified document, data set, protocol, communication, intelligence, model, program, code, algorithm, or information, which,—

(i) is likely to be, or is intended to be, directly or indirectly

useful to an enemy or a foreign power; or

(ii) relates to a matter the disclosure of which is likely to affect the sovereignty and integrity of India, the security of the State, defence preparedness, critical infrastructure, or friendly relations with foreign States.

(2) Any person found guilty of the offence of espionage under sub-section (1) shall be punished with imprisonment for a term not less than ten years, which may extend to life imprisonment, or with fine upto one crore rupees or with both.

Presumption of prejudicial purpose.

7. In a prosecution under section 6, it shall not be necessary to prove that the accused committed a specific act with prejudicial intent, and the Court may presume such intent if:—

(a) the accused was found in possession of any classified

material without lawful authority;

(b) the act occurred in or involved a prohibited area or critical

information infrastructure;

(c) the nature of the information and the circumstances suggest use or potential use by foreign powers, hostile entities, or unlawful groups; or

(d) the accused's past conduct, known affiliations, or use of

clandestine or anonymised digital tools indicate malicious intent.

Explanation 1.— For the purposes of this section,—

(a) "enemy" includes any country, organisation, individual, or non-state actor engaged in hostile actions or intelligence operations against India; and

(b) "prohibited place" includes any area, building, data centre, server room, airspace, territorial zone, military base, or digital network declared restricted or classified as such by the Central Government.

Explanation 2.— Mere unauthorised possession, access, or communication of classified content—whether physical, digital, or algorithmic—without lawful justification or authority shall constitute a violation under this section.

Possession of classified material without authority.

8. (1) Whoever, without lawful authority, is found in possession of any classified information, document, model, article, data, record or material, whether in physical, electronic, or any other form, which is marked or deemed to be classified under the provisions of this Act or the rules made thereunder, shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to ten lakh rupees, or with both.

(2) It shall not be a defence under this section that the accused was not aware of the classified nature of the information, unless it is proved that such possession was accidental, without intent, and without any failure to exercise due diligence.

(3) Nothing in this section shall apply to any person who makes a bona fide disclosure in public interest to a designated authority in accordance with the provisions of this Act.

Attempts, conspiracy and abetment.

9. Any person who attempts to commit, conspires to commit, or abets any offence under this Act shall be deemed to have committed the offence and punished with the same penalties for the said offence under this Act.

Offences by companies.

10. (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 responsible to the company for the conduct of its business shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the contravention or offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such contravention or offence.

(2) Notwithstanding anything contained in sub-section (1), where a contravention or an offence under this Act has been committed by aSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 299 ____________________________________________________________________ ____________________________________________________________________ company and it is proved that the contravention or offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or any other officer of the company, such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.— For the purposes of this section,—

(a) "company" means anybody corporate and includes a co- operative society registered or deemed to be registered under any law for the time being in force, a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.

CHAPTER IV

PUBLIC INTEREST AND OVERSIGHT

Public interest disclosure and whistleblower protection.

11. (1) Notwithstanding anything contained in this Act, no person shall be liable to prosecution or any form of penal action under this Act for making a disclosure, in good faith and in the larger public interest, of any classified information to a designated authority.

(2) A disclosure under sub-section (1) shall be entitled to protection under this section only if,—

(a) it is supported by reasonable grounds and verifiable

evidence;

(b) it is made in writing or through such secure and verifiable

means as may be prescribed;

(c) it is made only to a designated authority, as notified by the Central Government in the official Gazette, including but not limited to the Supreme Court, High Courts, Lokpal, or the Comptroller and Auditor General of India; and

(d) it is not disclosed to any unauthorised person, media outlet, foreign entity, or digital platform prior to the completion of formal review by the designated authority or the Board.

(3) The Board constituted under section 12 shall, upon receipt of a reference from a designated authority, examine whether such disclosure qualifies for protection under this section and shall communicate its decision within a period of ninety days from the date of such reference.

Explanation.— For the purposes of this section, "good faith" shall mean an honest belief held with due care and reasonable diligence; and "public interest" shall include the exposure of corruption, abuse of power, gross mismanagement, or serious threats to public health, safety, or democratic accountability.

12. (1) The Central Government shall, by notification in the official

Gazette, establish a body to be known as the Independent Review

Board on National Security and Disclosures for the purposes of this

Act.

Establishment of the Independent Review Board on National Security and Disclosures.

(2) The Board shall consist of the following members, to be appointed

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

namely—

(a) a retired Judge of the Supreme Court or a retired Chief

Justice of a High Court, who shall be the Chairperson;

(b) one senior officer, who retired from not below the rank

of Secretary to the Government of India, with experience in

defence, intelligence, or national security ─ Member;

(c) one expert in cybersecurity, information warfare, or

digital data protection ─ Member; and

(d) one person of eminence in the field of constitutional law,

civil liberties, or public accountability ─ Member.

(3) The term of office, salaries and/or allowances payable to, and

other terms and conditions of service of, the Chairperson and

Members of the Board shall be such as may be prescribed.

(4) The Board shall have the following powers and functions, namely—

(a) to receive and review references from designated authorities

regarding disclosures made under section 11 of this Act;

(b) to determine whether such disclosures qualify for protection

as public interest disclosures under section 11;

(c) to recommend classification or declassification of information in accordance with national security and democratic transparency;

(d) to issue guidance to public authorities on classification,

retention, and dissemination of sensitive material;

(e) to investigate into complaints regarding violation of the provisions of this Act and hear appeals from individuals aggrieved by decisions of competent authorities under this Act;

(f) to prepare and submit annual reports on its activities and

findings to the Central Government; and

(g) any other function related to the subject, as may be assigned

to it by the Central Government.

5 of 1908.

(5) The Board shall regulate its own procedure and while investigating any matter under clause (e) of sub-section (3) have all the powers of a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely—

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

examining him on oath;

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits; and

(d) issuing commissions for the examination of witnesses or

documents.

(6) The decisions of the Board shall be binding on all public authorities and shall not be called in question in any court except by way of a petition under article 226 of the Constitution before the High Court having jurisdiction.

(7) The Central Government may appoint such number of officers

and staff to the Board, as it deems necessary, to assist it in the efficient

discharge of its functions under this Act.

(8) The method of appointment, salaries and allowances payable to,

and the other terms and conditions of service of the Chairperson,

Members, officers and other employees, so appointed for the purpose

of the Board shall be such as may be prescribed.

Laying of reports.

13. The Central Government shall cause the reports of the Board under clause (f) of sub-section (4) of section 12 to be laid before each House of Parliament, as soon as may be after they are received.

14. The Central Government, after due appropriation made by

Parliament by law in this behalf, pay to the Board by way of grants

Grants by the Central Government.

such sums of money as it may consider necessary for carrying out

the purposes of this Act.

Accounts and audit.

15. (1) The Board shall, in consultation with the Comptroller and Auditor- General of India, maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form and manner and at such time of each financial year or at such intervals, as may be prescribed.

(2) The accounts of the Board shall be audited by the Comptroller and Auditor-General or by any person appointed by him in this behalf at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General.

(3) The accounts of the Board, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually by the Board to the Central Government, which shall cause it to be laid, as soon as may be after it is received, before each House of Parliament.

CHAPTER V

PROCEDURE, JURISDICTION, AND MISCELLANEOUS

16. (1) Offences under this Act shall be cognizable and non-bailable.

Cognizance and investigation.

(2) No investigation of any offence under this Act shall be initiated without the prior approval of a Joint Secretary-level officer in the Government of India.

Jurisdiction and trial.

46 of 2023.

17. (1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, all offences punishable under this Act shall be triable only by a Sessions Court, specially designated by the Central Government for the said purpose, by notification in the Official Gazette.

(2) Proceedings or any part thereof may be held by the Court in camera, if it is satisfied that it is expedient so to do in the interest of national security.

Extraterritorial jurisdiction.

18. This Act shall apply to any person outside India who commits an offence under this Act affecting the security of India, and such person shall be dealt with in accordance with the provisions of this Act.

19. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act, including classification, review procedure, whistleblower protocols, and reporting.

Power of Central Government to make rules and of the Board to make regulations.

(2) The Board may, with the prior approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.

(3) Every rule made by the Central Government and every regulation made by the Board 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.

¹⁹ of ¹⁹²³. 20. (1) The Official Secrets Act, 1923 is hereby repealed. Repeal and

Savings.

(2) Notwithstanding such repeal, anything done or any action taken, including any investigation, inquiry, prosecution or legal proceeding commenced under the said Act, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act as if this Act were in force at the time such act or action was done or taken.

Act to override other laws.

21. The provisions of this Act shall prevail over any other law for the time being in force, in the case of any inconsistency therewith, save as to such laws which relate to the enforcement of rights guaranteed under Part III of the Constitution.

Power to remove difficulties.

22. (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 orders shall be made after the expiry of the

period of two years from the date of 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.

STATEMENT OF OBJECTS AND REASONS

The Second Administrative Reforms Commission, in its 2006 report, recommended that secrecy provisions be integrated into a broader national security framework that is consistent with democratic accountability, constitutional safeguards, and transparency obligations. The rise of cyber- espionage, AI-enabled surveillance, data leaks, and emerging threats to critical infrastructure underscores the urgency of a robust legal mechanism to protect India's strategic interests.

The Official Secrets Act, 1923, a colonial-era law, has been long criticised for its vague provisions and alleged incompatibility with democratic norms. Its proposed repeal is a necessary reform to clearly address the issue of unauthorised access, communication or retention of classified information related to national security, defence, and intelligence. In the absence of a modern legal framework, the State remains exposed to espionage, cyber-infiltration, and digital breaches in an era of transnational data flows and growing threats from foreign powers and non-state actors.

This Bill seeks to establish a comprehensive and rights-compatible legal framework for the classification and protection of sensitive information. It clearly defines key terms such as espionage, unauthorised disclosure, and public interest disclosure, and criminalises the use of modern technological means, such as hacking, spyware, and surveillance tools for espionage. It safeguards whistleblowers acting in good faith by exempting disclosures made to designated authorities. The Bill also establishes an Independent Review Board on National Security and Disclosures to oversee the classification decisions and protect whistleblower rights. Harmonised with the existing laws including the Right to Information Act, 2005, the Whistle Blowers Protection Act, 2014, and the Digital Personal Data Protection Act, 2023, this Bill proposes to repeal the Official Secrets Act, 1923 and replace it with a modern and constitutionally sound regime that balances national security with democratic accountability.

Hence, this Bill.

SUJEET KUMAR.

FINANCIAL MEMORANDUM

Clause 12 of the Bill provides for the establishment of an Independent Review Board on National Security and Disclosures, its composition, the appointment of officers and staff by the Central Government to assist the Board as well as for the salaries and allowances payable to and the other terms and conditions of service of the Chairperson, Members, officers and staff thereof. Clause 14 of the Bill empowers the Central Government to make grants to the Board, after due appropriation made by Parliament in this behalf, for the purposes of carrying out the provisions of the Act.

The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one crore would be incurred per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees five crore is also likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 19 of the Bill empowers the Central Government to make rules and the Board to make regulations for carrying out the purposes of the Bill. Clause 22 of the Bill empowers the Central Government to make such provisions through an order for removing any difficulty that might arise in giving effect to the provisions of the Bill.

As the rules or regulations or orders will relate to matters of procedural and administrative detail only, the delegation of legislative power is of a normal character.

XXXVIII

Bill No. XLVII of 2025

A Bill to provide for the recognition, prevention, and punishment of ecocide,

ensure restoration of environmental harm, and promote environmental justice in

accordance with constitutional and international environmental

principles and for matters connected

therewith or incidental thereto.

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

as follows:––

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Ecocide (Prevention and Accountability) Act,

Short title and commencement.

2025.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

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

(a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government;

(b) "Board" means the National Ecocide Remediation Board

constituted under section 26;

(c) "Bond" means the Ecocide Restoration Bond under section 25;

(d) "Commission" means the District Ecocide Prevention

Commissions established in every district under section 13;

(e) "ecocide" means any unlawful or wanton act or omission, committed with knowledge of substantial likelihood of severe, widespread or long-term damage to the environment, including harm to ecosystems, biodiversity, and natural resources;

29 of 1986.

(f) "environment" shall have the same meaning as assigned to it under clause (a) of section 2 of the Environment (Protection) Act, 1986;

(g) "Fund" means the National Ecocide Remediation Fund

established under section 26;

(h) "Local Fund" means the Local Ecocide Remediation Funds

established under section 28;

(i) "long-term" means irreversible or non-recoverable damage for

a period not less than ten years;

(j) "Magistrate" means a Magistrate, as per the Bharatiya Nagarik

46 of 2023.

Suraksha Sanhita, 2023;

(k) "person" includes any company or association or body of

persons, whether incorporated or not;

(l) "prescribed" means prescribed under the rules made under this

Act;

(m) "restoration" means the process of ecological remediation of

environmental damage as ordered by a competent authority;

(n) "Tribunal" means the National Green Tribunal;

(o) "widespread" means extending beyond a limited geographical area, crossing ecological boundaries and impacting multiple regions or ecosystems or ecological units; and

(p) "Wing" means Special Environmental Investigation Wing

established by the Central Government under section 8.

Meaning of wanton.

3. For the purposes of this Act, an act or omission shall be deemed to be "wanton" where it is performed with reckless disregard for substantial and foreseeable environmental harm, wherein the actor is aware of the high likelihood of causing serious ecological damage, but proceeds without justifiable reason or adequate safeguards to prevent or mitigate such harm.

Explanation.— The term shall include, but not limited to, –

(i) a conduct that demonstrates callous indifference to

environmental consequences of the act or omission;

(ii) a failure to conduct due diligence or necessary environmental impact assessment, as per the criteria given in the Second Schedule to the Act; or

(iii) implementing risk mitigation measures in the face of credible

ecological warnings or objections.

4. For the purposes of this Act, an act or omission shall be deemed to be

Meaning of unlawful.

"unlawful" where it,–

(a) violates any provision of this Act, or the rules or regulations or

notifications made thereunder;

(b) contravenes any law for the time being in force intended to protect the environment, biodiversity, forests, wildlife, water bodies, climate, or human health; or

(c) is conducted without obtaining necessary consent, clearance, license, or authorization mandated under applicable environmental laws or judicial orders in India.

Explanation.— The term shall also include, but not be limited to

activities that,–

(i) continue after suspension, revocation, or expiry of lawful

permission; or

(ii) are carried out in defiance of stop-work, remediation, or

cease-and-desist orders.

5. Whoever commits any unlawful or wanton act or omission with knowledge that such act or omission is likely to cause severe and either widespread or long-term damage to the environment, which includes, but is not limited to-

Environmental destruction amounting to ecocide.

(i) large-scale destruction of protected ecosystems, as given in the First Schedule to the Act or other ecosystems, habitats, or biodiversity in the country, as may be notified by the Central Government, in consultation with the State Governments;

(ii) release, dumping, emission, or discharge of toxic or hazardous substances or pollutants that causes irreparable harm to air, soil, water, marine or terrestrial life;

(iii) alteration, degradation, or contamination of protected areas, critical wildlife corridors, wetlands, coastal zones, glaciers, or protected ecological sites;

(iv) wilful denial of ecological access or environmental rights to communities resulting in mass displacement, disease, or livelihood loss; whether caused by industrial activity, developmental operations, extractive projects, military activity, or any other anthropogenic intervention, and irrespective of the presence or absence of a declared environmental emergency;

shall be guilty of the offence of ecocide.

Explanation .— The offence of ecocide shall be deemed to constitute a grave environmental offence crime amounting to a serious threat to ecological integrity, public health, intergenerational equity and the constitutional values.

CHAPTER II

INVESTIGATION AND COGNIZANCE

6. (1) Every offence of ecocide shall be deemed to be —

Nature of Ecocide.

(i) cognizable, within the meaning of sub-clause (g) of clause (1)

46 of 2023.

of section 2 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

(ii) non-bailable:

Provided that no person accused of ecocide shall be entitled to bail

as a matter of right;

(iii) non-compoundable and not subject to compromise, settlement, or withdrawal, except with the express leave of Tribunal, Sessions Court or the High Court, as the case may be, upon satisfaction that such leave will not in any way compromise environmental interest.

(2) Every offence of ecocide shall be tried by a court not below Sessions Court.

(3) The investigation into an offence of ecocide shall be completed within a period of ninety days from the date of filing of the First Information Report:

Provided that the Sessions Court may, for reasons to be recorded in writing, extend the period for completion of such investigation by such further period, as it may deem necessary.

Cognizance by Magistrates.

46 of 2023.

7. (1) Notwithstanding anything contained in section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023, any Magistrate may take cognizance of an offence under this Act upon—

(i) a police report thereof;

(ii) receipt of a complaint made by any aggrieved person, local authority, or registered environmental group, in such form and manner as may be prescribed; or

(iii) suo motu

(2) No prior sanction of the Central or State Government shall be required for taking cognizance of any offence under this Act.

Establishment of the Special Environmental Investigation Wing.

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

establish a specialized body to be called the Special Environmental

Investigation Wing, for the purposes of enforcement, oversight,

intelligence gathering, and prosecution of offences under this Act.

Composition of the Wing.

9. (1) The Wing shall consist of the following officers, to be appointed by

the Central Government in consultation with the Union Ministry of

Environment, Forest and Climate Change, in such manner as may be

prescribed —

(i) a Director-General, who shall be an officer of the rank not

below Additional Secretary to the Government of India or

equivalent, having special knowledge of environmental science,

ecology, or environmental law;

(ii) such number of Additional Directors, Deputy Directors,

Investigating Officers, Environmental Analysts, Legal Officers, and

other staff, as may be prescribed.

(2) The qualifications and experience, term of office, salary and/or

allowances and other terms and conditions of service of the officers of the

Wing shall be such as may be prescribed.

10. (1) The Wing shall exercise the following powers and perform all or any of

the following functions, namely–

Powers and functions of the Wing.

(i) to investigate into any violations of the provisions of this Act including acts amounting to ecocide, extending across the territories of two or more States within the territorial boundaries of the country;

(ii) to supervise and coordinate with the District Ecocide

Prevention Commissions constituted under section 13;

(iii) to maintain a National Register of Ecocide and Environmental

Offenders, in such form and manner as may be prescribed;

(iv) to advise the Central Government on matters relating to

prevention, control, and prosecution of offences of ecocide;

(v) to coordinate with other statutory and environmental enforcement agencies including the Tribunal, the State Pollution Control Boards, and forest and wildlife authorities;

(vi) to receive and examine quarterly and special reports submitted by the District Commissions and issue appropriate advisories or directives based thereon;

(vii) to issue directions for forensic environmental audits, satellite

surveillance, and scientific damage assessments;

(viii) to institute or assist in the institution of prosecutions before

the competent court or Tribunal under this Act; and

(ix) to maintain a secure central repository of evidence,

investigations, and judgments under this Act.

(2) The Wing shall, while investigating any matter referred to it under clauses (i) and (viii) of sub-section (1), have all the powers of a Civil Court 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;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court

or office;

(e) issuing commission for the examination of witnesses and

documents; and

(f) any other matter as may be prescribed.

11. The Wing may, by notice in writing, require any person, authority, company, or agency to furnish such information or produce such records or documents as may be necessary for the performance of its functions under this Act.

Power to call for information and records.

29 of 1986.

Power of arrest, seizure and inspection.

12. The Investigating Officers of the Wing shall have power equivalent to officers under the Environment Protection Act, 1986, for arrest, search and seizure, inspection of premises, and collection of evidence.

CHAPTER III

DISTRICT ECOCIDE PREVENTION COMMISSION

District Ecocide Prevention Commission.

13. The appropriate Government shall, by notification in the official

Gazette, constitute, in every district within the States and Union

territories, a body to be known as the District Ecocide Prevention

Commission, for the purposes of—

(a) monitoring, preventing, investigating and reporting acts of

ecocide within the territorial jurisdiction of the district; and

(b) facilitating community-based ecological restoration and

coordination with environmental authorities.

Composition of the Commission.

14. (1) The Commission shall consist of the following members, to be

appointed or nominated in such manner as may be prescribed by the

appropriate Government, namely –

(i) the Executive Magistrate of the district, not below the rank

of Sub-Divisional Magistrate, who shall be the ex-officio

Chairperson of the Commission;

(ii) one representative of the State Pollution Control Board –

Member ex-officio;

(iii) one officer of the Forest Department, not below the rank of

Range Forest Officer – Member ex-officio;

(iv) at least one scientist or ecologist of repute from any

recognised academic or research institution - Member;

(v) one member representing the local self-government

institution, either from the Zila Parishad or the Municipal Council,

as the case may be;

(vi) one representative of a registered civil society organisation

involved in environmental protection having demonstrable activity

within the district for such period preceding the date of nomination,

as may be prescribed by the appropriate Government; and

(vii) at least one legal practitioner or academician having not

less than ten years of experience in the field of environmental or

criminal law;

(2) The appropriate Government may, having regard to the ecological

sensitivity, geographical spread, and administrative requirements of

the district, prescribe by rules the number of members to be appointed

under clauses (iv) and (vii) of sub-section (1).

(3) The appropriate Government may appoint such number of officers

and staff to the Commission, as may be deemed necessary, to assist it

in the efficient discharge of its functions under the Act.

(4)The terms and conditions of appointment, remuneration, tenure,

qualifications and experience of non-governmental members of the

Commission as well as the method of recruitment, salaries and

allowances payable to and other terms and conditions of service of the

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

by the appropriate Government.

(5) The Commission shall regulate its own procedure with the regard to

transaction of its business.

15. (1) The Commission shall exercise the following powers and discharge all or

any of the following functions, namely:—

Powers and functions of the Commission.

(i) receive and record complaints of acts amounting to, or likely to result in, ecocide within the district in such manner as may be prescribed by the appropriate Government;

(ii) conduct or cause to be conducted environmental site inspections, preliminary inquiries on the complaints received under clause (i) or otherwise, and ecological audits in response to complaints received or suo motu;

(iii) direct temporary cessation of activities posing an imminent threat to the ecological integrity of the district, subject to confirmation within seventy-two hours of receipt of information regarding such threat by the District Magistrate;

(iv) recommend preventive or remedial action to the concerned authorities including the State Pollution Control Board, Forest Department, or the Central Government, as the case may be;

(v) assist law enforcement agencies in the initiation of prosecution

under this Act or any other applicable law;

(vi) refer matters involving trans-district or inter-State

consequences to the Tribunal or to the Wing, as the case may be; Act;

(vii) facilitate, supervise and monitor community-led ecological restoration in accordance with the approved restoration orders issued by it under this Act;

(viii) maintain a District Register of Ecological Offences and

Restoration Measures, in such form and manner as may be prescribed;

(ix) administer and maintain the Local Ecocide Remediation Funds

established under section 28 of this Act; and

(x) such other functions as the appropriate Government may assign

from time to time for the fulfilment of the provisions of this Act.

5 of 1908.

(2) The Commission shall while investigating any matter referred to it under clauses (ii), (iii) and (v) of sub-section (1), have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, 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;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court

or office;

(e) issuing commissions for the examination of witnesses or

documents; and

(f) any other matter which may be prescribed by the State

Government.

Reporting mechanism.

16. (1) The Commission shall, in such form and manner as may be prescribed, submit quarterly and special reports to the Wing containing therein—

(i) the details of complaints received and action taken thereon;

(ii) records of inspections conducted and restoration orders or

directives issued;

(iii) updates on investigations or prosecutions pending or

concluded; and

(iv) urgent matters warranting national attention or intervention.

(2) The Wing may issue such directions as may be necessary, on the basis of the reports under sub-section (1) and may require the Commission to furnish further information or documents in such form and manner as may be prescribed.

CHAPTER IV

PENALTIES AND PUNISHMENTS

Punishment for the offence of ecocide.

17. Whoever commits the offence of ecocide shall be punished with imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, or with fine which may extend to five lakh rupees, or with both.

18. (1) Any person who,—

Penalty for certain acts.

(i) fails to comply with any direction, order, or notice issued under

this Act; or

(ii) obstructs any officer or authority in the discharge of their

functions under this Act; or

(iii) provides false or misleading information in any environmental

statement, report, audit, or restoration plan required under this Act; or

(iv) destroys, tampers with, or conceals evidence relating to an

environmental offence under this Act; orSec-2] THE GAZETTE OF INDIA EXTRAORDINARY 313 ____________________________________________________________________ ____________________________________________________________________ (v) fails to furnish data, documents, or returns as required by any

authority empowered under this Act;

shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to fifty thousand rupees, or with both.

(2) Where the contravention continues after conviction, the offender shall be liable to an additional fine which may extend to twenty-five thousand rupees for every day during which such contravention continues.

(3) The offences under this section shall be deemed cognizable and non- bailable and may be tried summarily by a Magistrate or a Special Ecocide Court.

(4) Nothing in this section shall affect the applicability of other penalties under this Act for graver offences, including ecocide, and this section shall operate in addition to and not in derogation of any other provisions of this Act.

Offences by companies.

19. (1) Where an offence under this Act is committed by a company, every person who, at the time of the commission of the offence, was in charge of and responsible to the company for the conduct of its business or operations, as well as the company itself, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that no such person shall be liable for punishment under this

Act, if they prove—

(a) that the offence was committed without their knowledge, or

(b) that they had exercised due diligence to prevent the commission

of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act is proved to have been committed with the consent, connivance, or attributable neglect of any director, managing partner, managing director, company secretary, compliance officer, or any other officer of the company, such individual shall also be deemed guilty of the offence and shall be liable to be proceeded against and punished in accordance with this Bill.

(3) In the case of a Government company, Public Sector Undertaking, or statutory authority, the person appointed or acting in the capacity of Chief Executive Officer, Project Head, or Controlling Officer of the activity giving rise to the offence shall be deemed responsible unless proven otherwise.

Explanation. — For the purposes of this section—

(a) "company" means any body corporate, and includes a firm, limited liability partnership, trust, public-private partnership, consortium, or any other association of persons (whether incorporated or not);

(b) "director" in relation to a firm or LLP means a partner or a

designated partner, as the case may be;

(c) "officer" includes key managerial personnel, persons exercising control over environmental functions, or any other person declared by notification to be covered under this provision.

(4) When an offence is committed by a company, every person who was in charge at the time shall be deemed guilty unless proved otherwise.

(5) Where the company is convicted of the offence of ecocide or any other offence under this Act, the court may, in addition to any other penalty, direct the suspension, cancellation, or blacklisting of the company's environmental approvals, permits, or licences for such period as it deems fit.

Environmental disqualification of companies.

20. Any company or corporate entity convicted under this Act shall be blacklisted from government contracts and foreign trade incentives for a minimum of five years.

21. (1) Every restoration order issued under the provisions of this Act shall be founded upon the principles of ecological justice and sustainability, and shall be guided by the following doctrines,–

Principles and components of restoration orders.

(i) "Polluter Pays" Principle, wherein the individual, entity, or authority responsible for causing ecocide or significant ecological harm shall bear the entire cost of restoration, rehabilitation, and remediation, including ancillary community support;

(ii) Principle of Intergenerational Equity wherein the restoration measures shall prioritise the preservation of ecological health and natural capital for the benefit of present and future generations;

(iii) Restoration to Original Ecological State wherein the restoration efforts shall, to the extent feasible and scientifically possible, aim to reinstate the affected ecosystem to its pre-damage baseline, or to an equivalent level of biodiversity, productivity, and resilience;

(iv) Community-led Rehabilitation wherein the formulation, design, and execution of restoration activities shall actively involve local, tribal, and indigenous communities, ensuring their free, prior, and informed participation in all relevant stages; and

(v) Principle of Ecological Integrity wherein the restoration shall consider ecological interconnectedness, prioritising biodiversity conservation, functional ecosystem recovery, and avoidance of monoculture or artificial substitutes unless ecologically justified.

(2) Every restoration plan mandated under this Act shall include, but not be limited to, the following components,—

(i) a site-specific ecological damage assessment report, conducted in accordance with the criteria laid down in the Second Schedule of this Act, by an accredited environmental scientist, institution, or agency, outlining the type, scale, and extent of damage to air, water, soil, flora, fauna, and ecological services;

(ii) a valuation of biodiversity and ecosystem loss, including but not limited to loss of endangered species, critical habitats, traditional livelihoods, and ecosystem functions;

(iii) a scientifically designed restoration roadmap, comprising a realistic and time-bound schedule of remedial actions, ecological monitoring checkpoints, community engagement mechanisms, and adaptive strategies to ensure sustained recovery;

(iv) third-party certification and independent verification by a recognised environmental institute or scientist, attesting to the adequacy and credibility of the proposed restoration measures, before initiation and upon completion; and

(v) a financial estimate and plan indicating source of funds, liability obligations, and contribution to the Fund established under section 26, wherever applicable.

(3) The Central Government may, in consultation with the Wing established under section 8, prescribe model guidelines, standards, and monitoring frameworks for restoration activities under this Act, having regard to ecological fragility, cultural relevance, and climate resilience.

(4) The competent court, Tribunal, or authority may impose additional restoration-related obligations on the offender, including but not limited to—

(a) payment of interim ecological damages;

(b) community livelihood rehabilitation;

(c) periodic progress reporting; and

(d) independent environmental audit on completion.

(5) No restoration plan shall be considered complete unless it results in tangible ecological recovery, verified through longitudinal ecological monitoring, and reviewed periodically for a minimum period of five years from the date of initial restoration.

22. (1) Where any act, omission, or accident results in, or is likely to result in, grave and widespread environmental destruction amounting to ecocide, the following persons shall be legally bound to act without delay –

(i) the person or entity directly responsible for the act or process;

Mandatory measures in case of unintentional or imminent ecocide.

and

(ii) the person in charge of the premises, operation, machinery, or

site from which such act or event originates or is apprehended to occur, shall immediately –

(a) take all effective measures to prevent, control, or minimize

the ecological damage;

(b) report the occurrence or apprehension of ecocide to the prescribed authority and local magistrate within twenty-four hours, in such form and manner as may be prescribed by the Central Government; and

(c) cooperate fully with any agency, officer, or environmental authority in the conduct of investigation or mitigation, and render technical, logistical, or material assistance as may be required.

(2) Upon receipt of such information, or otherwise, if any authority under this Act has reasonable grounds to believe that ecocide has occurred or is imminent, it shall—

(a) immediately initiate a field-based ecological risk assessment;

(b) issue interim orders to suspend, restrict, or seal operations in the

affected area; and

(c) cause emergency remedial, containment, or evacuation measures to be undertaken, in coordination with disaster management and restoration agencies.

(3) Any expenses incurred by the appropriate Government or any authority, as the case may be, in connection with the measures under sub-section (2), including ecological restoration, health and habitat rehabilitation, and monitoring, shall be recovered from the responsible party as –

(a) damages under the "Polluter Pays" principle; and

(b) arrears of land revenue or public demand, together with interest

at such rate as may be notified by the Central Government.

(4) The invocation of this sub-section (3) shall not prevent the initiation of criminal prosecution under this l Act for the offence of ecocide, nor shall compliance under this section constitute a defence to liability.

23. (1) Subject to the provisions of this Act, the Central Government shall have the power to take such measures as it may deem necessary or expedient for the purposes of —

(i) preventing and deterring acts of ecocide;

Power of the Central Government for prevention, control, and remediation of ecocide.

(ii) protecting, conserving, and improving ecological health, and

(iii) ensuring effective restoration, reparation, and compensation

for environmental harm.

(2) Without prejudice to the generality of the foregoing, the measures referred to in sub-section (1) may include but shall not be limited to the following–

(i) coordinating actions of the State Governments, statutory

authorities, public agencies and local bodies—

(a) under this Act and the rules made thereunder, or

(b) under any other law in force relating to environmental

protection, biodiversity, or conservation of natural resources;

(ii) planning, financing, and implementing a National Programme for Ecocide Prevention and Restoration, including public awareness campaigns, capacity-building, and ecological literacy;

(iii) prescribing national standards for ecosystem integrity, biological thresholds, and permissible levels of anthropogenic stress on ecosystems;

(iv) notifying thresholds and limits for emissions, discharges, noise, light, or hazardous substances from all sectors, with power to differentiate based on zone, ecosystem type, or risk level;

(v) declaring certain areas as Ecologically Vulnerable Zones or No- Degradation Zones, and imposing restrictions or conditionalities on industrial, mining, construction, or infrastructure activities therein;

(vi) issuing precautionary and emergency protocols for the prevention of ecological disasters, industrial accidents, or natural resource collapse, and directing immediate remedial action;

(vii) regulating, prohibiting or monitoring the use, storage, handling, transport or disposal of substances or technologies considered environmentally hazardous or ecocidally potent;

(viii) reviewing, evaluating, and modifying manufacturing or developmental practices likely to cause irreparable ecological degradation;

(ix) undertaking, funding, or mandating scientific research and environmental surveillance to detect, quantify, and mitigate emerging ecocidal threats;

(x) authorising the inspection, seizure, or shutdown of premises, plants, processes, or technologies in contravention of the provisions of this Act or in active violation of ecological rights;

(xi) establishing and recognizing centres of ecological excellence, restoration institutes, and laboratories for ecological audit, bio- restoration, and forensic assessment;

(xii) promoting open-access environmental information systems,

community right-to-know initiatives, and ecological damage registers;

(xiii) preparing and issuing national ecological codes, restoration manuals, or guidelines relevant to prevention, mitigation, and reversal of ecocidal harm; and

(xiv) taking such other actions as may be necessary for giving effect to the provisions of this Act and securing long-term ecological sustainability.

(3) The Central Government may, by notification in the Official Gazette, constitute one or more Ecocide Authorities at the national, regional, or local level by such name as may be specified, for the purpose of exercising any or all of the powers referred to in sub-section (2), subject to such conditions and supervision as may be prescribed.

Explanation.— Any authority constituted under this section shall be deemed to have the power to issue binding directions, impose compliance obligations, and initiate prosecution or restoration proceedings under this Act, as if it were empowered directly by the Central Government.

Protection of action taken in good faith.

24. No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government or any member or any officer or other employee of the Wing or Commission or Board, in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder.

CHAPTER V

COMPENSATION AND FUND MECHANISM

Ecocide Restoration Bonds.

25. (1) Where any person, company, or body corporate is found guilty of the offence of ecocide, the competent court may, in addition to any other penalty imposed, direct such person or entity to deposit a monetary Bond, to be called the Ecocide Restoration Bond, to cover future restoration expenses.

(2) The amount of such Bond shall be equivalent to the value of

environmental harm or degradation as assessed by such authorised

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

together with an additional sum not less than twenty-five per-cent of such

assessed value.

Explanation.– For the purpose of this sub-section, the Central

Government may, by rules, designate one or more authorised expert(s)

for the purpose of assessing the value of environmental damage and cost

of ecological restoration.

(3) Bonds shall be held in an escrow account administered under the Fund established under section 26, and shall be released only upon satisfactory implementation of the restoration plan, as be certified by such authority, as may be prescribed by the Central Government.

Establishment of the National Ecocide Remediation Fund.

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

establish a Fund to be called the National Ecocide Remediation Fund, for

providing relief and compensation to tribal, forest and coastal

communities adversely affected by damage or harm to the environment

of their natural residence and for other purposes as may be prescribed.

(2) The Fund shall be a non-lapsable public account under the Consolidated Fund of India.

(3) The Fund shall be administered by a National Ecocide Remediation

Board, to be constituted by the Central Government, by notification in

the Official Gazette and shall be chaired by the Secretary to the

Government of India in the Ministry of Environment, Forest and

Climate Change and shall consist of such other members as may be

prescribed by the Central Government.

(4) There shall be credited to the Fund :

(i) all amounts recovered by way of fines, penalties, and amounts

of Bonds under section 25 of this Act;

(ii) budgetary allocations from the Central Government;

(iii) grants, donations made by any individual, institution, or organisation or international contributions permitted under the Foreign Contribution (Regulation) Act, 2010; and

42 of 2010.

18 of 2013.

(iv) voluntary contributions made by companies as part of their Corporate Social Responsibility obligations under section 135 of the Companies Act, 2013 or otherwise.

27. (1) The Fund shall be utilised for following purposes, namely,–

Utilization of the Fund.

(i) ecosystem restoration and biodiversity conservation projects;

(ii) compensation to displaced or affected individuals and communities including relief and compensation to tribal, forest, and coastal communities;

(iii) scientific research and baseline data generation on damaged

environments;

(iv) capacity-building and training of environmental officials; and

(v) emergency response to environmental disasters caused by

ecocide.

(2) There shall be maintained under the Fund, a dedicated escrow account, wherein shall be deposited the bond amounts collected under section 25 of this Act.

Provided that if restoration plan is not satisfactorily implemented as provided under sub-section (3) of section 25, the bond amount held in the escrow account shall stand forfeited and credited to the general corpus of the Fund.