REGISTERED No. D. 221
THE GAZETTE of India
EXTRAORDINARY PART II—Section 2 PUBLISHED BY AUTHORITY
No. 35] NEW DELHI, FRIDAY, AUGUST 16, 1963/SRAVANA 35, 1885
LOK SABHA
The following Bills were introduced in Lok Sabha on the 16th
August, 1963: —
"BILL NO. 33 OF 1963
A Bill to amend the Customs Art, 1962 and further to amend the Central Excises and Salt Act, 1944
BE it enacted by Parliament in the Fourteenth Year of the
Republic of India as follows —
1. (1) This Act may be called the Customs and Central Excises
(Amendment) Act, 1963.
Short title and com- mencement.
5
(2) It shall come into force on such date as the Central Govern-
ment may, by notification in the Official Gazette, appoint-
2. In section 12 of the Customs Act, 1962, for sub-section (2), the
following sub-section shall be substituted, namely: —
Amendment of section 12 of Act 52 of 1962.
10
"(2) The provisions of sub-section (1) shall apply in respect of all goods belonging to Government as they apply in respect of goods not belonging to Government.".
Amendment of section 3 of Act I of 1944.
3. In section 3 of the Central Excises and Salt Act, 1944, for sub- section (7A), the following sub-section shall be substituted, name- ly:-
15
"(1A) The provisions of sub-section (1) shall apply in res- pect of all excisable goods other than salt which are produced or manufactured in India by, or on behalf of, Government, as they apply in respect of goods which ire not produced or manu- factured by Government."
*Thc President has in pursuance of clause (1) of Article 117, clause (3) of article 117 and clause (1) of article 74 of the Constitution of India, recommended to Lok Sabha, the introduct on and consideration of the Bill.
(547)
STATEMENT OF OBJECTS AND REASONS
Clause (1) of article 289 of the Constitution provides that "the property and income of a State shall be exempt from Union taxa- tion". Clause (2) of that artide, however, permits tha Union to impose taxes in respect of a trade or business of any kind carried on by a State Government, or any operations connected therewith.
2- The question whether customs and excise duties though levied in respect of goods, were taxation on property and as such when any goods were imported or exported, or produced or manufactured, by State Governments, they enjoyed exemption under clause (1) of article 289 of the Constitution, was examined from the legal and constitutional points of view and the Government of India were advised that such duties were not taxation on property. It was, therefore, proposed that provision be made in the Customs Act and the Central Excises and Salt Act for the levy of import duty and excise duty on all goods imported or exported, or produced or manu- factured, by .State Governments, whether such import, export, pro- duction or manufacture was in connection with any trade or busi- ness carried on by the State Governments or not.
3. In view of the importance of the matter, and the objections raised by the State Governments to the proposed provisions, a special reference was made by the President to the Supreme Court for its opinion under article 143 of the Constitution on the interpretation of article 289 of the Constitution. The Supreme Court confirmed that the proposed provisions would be consistent with the provisional of article 289.
4. The legal position having been clarified, it is proposed to amend the Customs Act, 1962 and the Central Excises and Salt Act, 1944, so as to provide that duties of customs and excise will be leviabl* on all goods imported or exported, or produced or manufactured by State Governments. Hence this Bill.
NEW DELHI; MORARJI DESAI.
The 1st August, 1963.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 549FINANCIAL MEMORANDUM
Clauses 2 and 3 of the Bill would have the effect of rendering lia- ble to Customs and Central Excise duties respectively certain goods which heretofore were free of duty. To that extent it would add to the work of the Customs and Central Excise Departments. No addi- tional expenditure is likely on this account.
<BlLI N o. 32 OF 1963
a Bill further to amend the Public Premises (Eviction of Unauthorised Occupants) Art, 1958
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: —
1. This Act may be called tlif Public Premises (Eviction of Un- Short l tic
authorised Occupants) Amendment Act, 1963.
2. In section ? of the Public Promises (Eviction of Unauthorised ^ Am ndmen' of section 2.
32 of 195S.
Occupani-,) Act, i958 (heiein liter referred to as the principal Act), after clause (d), the following c-Luibe Lhall be inserted and shall be dPinned always to hive been iPjei :ii_.l, namely: —
' (dd) "rent", in relation to any public premises, means the consideration payable periodically for the authorised occupation of the premises, and includes—
(i) any charge for electricity, water or any other ser- vices m ennnueiicm with the occupation of the premises,
(ii) any tax (by whatever name called) payable in res- pect of the premises,
where such charge or tax is payable by the Central Government;'.
3. In section 3 of the principal Act,—
Amendmen of section 3
(a) in clause (a), aftti the words "gazetted officers of Gov- ernment", the words, bracket1-, letter and figure "or officers of
*The Pres dent hui a puj>uaixe "I LIIU-.O H I nt tin cle 117 of tho Cnnstitution of India, rec immcn led u. Li-k v ahli 1 iht- u 11s derut"'n oi the Bill.
gfic. 2] THE GAZETTE OF INDIA EXTRAORDINARY 351equivalent rank of the Corporation or any committee or the authority referred to in clause (b) of section 2" shall be inserted;
b) in clause (b), (or the words "each estate officer", the
words "tliu estate officers" shall he substituted.
5 4. In sub-section (2) of section 5 of the principal Act,—
Amendment ot section 5.
(a) for the words "forty-five days", the words "thirty days" shall be substituted;
(b) the proviso shall be omitted.
5. In sub-section (2) of section 6 of the principal Act, after the Amendment of section 6;
10 words "rent or damages,", the words "or costs," shall be inserted.
6. In section 7 of the principal Act,—
Amendment of sect 1 cm 7.
(a) in sub-section (2), the proviso shall be omitted;
(b) for sub-section (3), the following sub-section shall be substituted, namely: —
15 "(3) No order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice why such order should not be made, and until his objections, if 20 any, and any evidence lie may produce in support of the same, have been considered by the estate officer.".
7. In section 9 of the principal Act,—
Amendment of section 9.
(a) in sub-section (2), for the words "thirty days" wherever they occur, the words "fifteen days" shall be substituted;
25 (b) after sub-section (4), the following sub-section shall be inserted, namely: —
"(4A) The costs of any appeal under this section shall be in the discretion of the appellate officer.".
8. To section 10 of the principal Act, the following words shall be Amendment of section 30 added at the end, namely: —
10.
"and no injunction shall be granted by any coutt or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act".
"2 THE GAZETTE OF INDIA EXTAAORtHNARY [PART II9. After section 10 of the principal Act, the following sections
shall be inserted, namely: —
Insertion of new sections 10A, 10B, ioC and toD.
Offences Hnd penalty.
"10A. (I) If any person who has been evicted from any public premises under this Act again occupies the premises without authority for such occupation, he shall be punishable 5 with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both-
(2) Any magistrate convicting a person under sub-section (2) may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any I0 action that may be taken against him under this Act
Power to obtuin infor- mation.
I0B. If the estate officer has reasons to believe that any persons are in unauthorised occupation of any public premises, the estate officer or any other officer authorised by him in this behalf may require those persons or any other person to furnish x^ information relating to the names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information in his possession.
IOC (7) Where r.ny person against whom any proceeding 2O Liability of heirs and legal rcpre- nenta tires.
for the determination of arrears of rent or for the assessment of damages is to be or has been taken dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person.
25
(2) Any amount due to the Central Government from any person whether by way of arrears of rent or damages or costs shall, after the death of the person, be payable by his heirs or legal representatives, but their liability shall be limited to the extent of the assets of the deceased in their hands. 3°
Recovery of rent, etc., as an drrear of land revenue.
10D. If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of section 7 or the damages pay- able under sub-section (2) of that section or costs awarded to the Central Government under sub-section (4A) of section 9 or any portion of such rent, damages or costs, within the time, if any, 35 specified therefor in the order relating thereto, the estate officer may issue a certificate for the amount due to the Collector who shall proceed to recover the same as an anrear of land revenue.".
Sue. 21 THE GAZETTE OP INDIA EXTRAORDINARY 55310. In section 13 of the principal Act,—
Amendment of section 13- (a) in sub-section (2), after clause (b), the following clause shall be inserted, namely: —
"(bb) the distribution and allocation of work to estate 5 officers and the transfer of any proceeding pending before an estate officer to another estate officer;";
(b) for sub-section (3), the following sub-section shall be substituted, namely: —
"(3) Every rule made under this section shall be laid I0 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 in which it is so laid or the successive sessions afore- said, 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 th" r: ise may be; so however that any such modification or annulment shall be without pre- judice to the validity of anythirg previously done under that 20 rule.".
Special pro- viSion for limitation 11. For the removal of doubts, it is hereby declared that the amendments made by clause (a) oE section 7 of this Act shall not apply to any order made under section 5 or section 7 of the principal Act before the commencement of this Act.
554 THE GAZETTE OF INDTA EXTRAORDINARY [PART IISTATEMENT OF OBJECTS AND REASONS
The Public Premises (Eviction of Unauthorised Occupants) Act, 1958, was enacted to provide for speedy eviction of unauthorised occupants from public premises and for other connected matters. Experience of the working of the Act has however revealed certain difficulties in relation to procedural matters. It is, therefore, pro- posed to amend the Act so as to remove those difficulties and to in- corporate certain provisions which would help effectively to imple- ment the Act.
The main features of the Bill arc—
(a) a person who, having been evicted from a public pre- mises, reoccupies it without authority will be committing an offence;
(b) no court or other authority shall have power to grant any injunction in respect of any action taken or proposed to be taken by or under the Act;
(c) the heirs and legal representatives of a person will be liable for arrears of rent or damages or costs due from that person;
(d) the reduction of the time for preferring appeals and for compliance with the orders of eviction.
MEHR CHAND KHANNA.
NEW DELHI;
The 8ih July, 1963.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 555FINANCIAL MEMORANDUM
Clause 3 of the Bill contemplates appointment of more estate afflcers, who would be empowered to evict persons in Unauthorised occupation of public premises. It is intended that this work would be entrusted to existing officers and it may not, therefore, be neces- sary to incur any additional expenditure.
It is, however, difficult to anticipate whether it would be necessary bo create in future any additional posts for expediting the disposal of the work. It is not, therefore, possible to give any estimate of the additional expenditure, if additional posts are created. Even if any additional expenditure is involved, it is not likely to be appreciable and may be about fifty thousand rupees per annum.
556 THE GAZETTE OF INDIA EXTRAORDINARY [PART I I — S E C. 2]MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 10 ot the Bill seeks to amend sub-section (2) of section 13 of the Act in order to empower the Central Government to make rules for the distribution and allocation of work to estate i fflcpf s and the transfer of any procepding psndhif before an estate iT ^r to another estate officer. Thest3 are matters of procedural an -i adminis- trative nature.
2. The delegation of legislative power is thus of a normal charac-
ter