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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 36] NEW DELHI, FRIDAY, AUGUST 16, 1961/SRAVANA 25, 1885

LOK SABHA

The following Bills are introduced in Lok Sabha on the 16th

August, 1963: —

Urn, No 28 or 1963

A Bill to remove doubt is to the validity of the marriage ceremony

common wrong the "Ananda Margees".

enacted by Parliament in the Fourteenth Yearofthe

Republic of India as follows —

1. (1) This Act may be called the Ananda Marga Marriage Act,

1963

Short title extent and commence- ment (2) It extends to the whole of India

5

(3) It shall come into force at once

2. In this Act —

Definition.

(1) "Ananda Marg" means a person professing the ideology

of cosmic brotherhood and professes no particular religion.

(2) "Ananda Marga Caryacarya" means the book contain- 10

ing the code of conduct followed by Ananda Margies.

Valdity of marriage among Ananda Margies.

3. All marriages which may be or may have been duly solemnis- ed according to the marriage ceremony prescribed in Ananda Marga Caryacarya shall be, and shall be doomed to have been with effect from the date of solemnisation of each respectively, good and valid in law.

(557)

4. Nothing in this Act shall apply to—

(a) any marriage between persons not professing the code Exemption m certain marriages fWsn Act.

of conduct laid down for Ananda Margies.

(b) any marriage which has been judicially declared to be null and void.

5

S"vlng".

5. Nothing in this Act shall effect the validity of any marriage duly solemnised according to any other marriage ceremony before a person becomes Ananda Margi.

6. Nothing in this Act shall be deemed to validate any marriage between persons who are related to each other in any degree of io consanguinity or affinity which would according to Ananda Marga Caryacarya, render a marriage between them illegal.

Non-v"lida-

tion of

marriages

within

prohibited

degree*.

STATEMENT OF OBJECTS AND REASONS

In India there is 0 lar;;e number of persons called 'Ananda Margies' who believe in a special way of life and follow the code of conduct laid down in their sacred book called Ananda Marga Caryacarya. Since they do not profess any particular religion, Marriages among them are not covered by any of the existing laws.

It is, therefore, necessary that the institution of marriage among the Ananda Margins should be regulated by law a"? is the case with marriages under different religions.

Hence this Bill.

SHASHI RANJAN.

NEW DELHI;

The 8th April, 1963.

BILL NO. 29 OF 1963

A Bill jurther to amend the Delhi Panchayat Raj Act, 1954

BE it enacted by Parliament in the Fourteenth Year of the

Republic of India as follows: —

1. (]) This Act may be called the Delhi Panchayat Rai (Amend-

ment) Act, 1963.

Short title and com- mencement.

(2) II shall come into force at once.

5

2. In section 15 of the Delhi Panchayat Raj Act, 1954 (hereinafter Amendment of scctiun *5-

referred to as the principal Act), for the words "and otherwise when any vacancy occurs" the words "and otherwise when a Pradhan is removed under section 49 or any vacancy occurs" shall be substitut- ed.

10

3. After section 15 of the principal Act, the following section shall

be inserted, namely: —

Insert on of new section 15A.

"15A. Notwithstanding anything contained in the Delhi Land Reforms Act, 1954, no person shall be entitled to be or shall remain a Pradhan of a Gaon Panchayat if he— j ,.

Disqualifi- cation for Vradhan of Gaon Panchayat.

(a) ceases to be a member of the Gaon Sabha, or

(b) is unable to read and write Hindi or Urdu, or

(c) is suffering from leprosy, or

(d) is an undiscl arged insolvent, or

(e) is a servant of the Government or any local autho- rity, or

(f) is convicted of any offence under the Untouchabi- 5 lity (Offences) Act, 1955 or ot an offence involving moral turpitude or ordered to give security for good behaviour under section 110 of the Code of Criminal Procedure, 1898."

4. For section 2& of the principal Act, the following .shall be Substitution I'l S,CCtlOtl29.

substituted, namely: —

i° "29. (1) Every Pradhan, Up-Pradhan or member of a Gaon Panchayat or any Committee constituted under this Act, every Sarpanch, Naib-Sarpanch or Panch of a Circle Panchayat, and every member of a Panchayati Adalat shall be liable for the loss, waste, or misapplication of any money or property bolong- 15 ing to the Gaon Sabha, Gaon Panchayat, Circle Panchayat or Panchayali Adalat if such waste or misapplication is found to be a direct consequence of his neglect or misconduct in the perfor- mance of his duties while Pradhan, Up Pradhan, or a member of a Gaon Panchayat or of any Committee, or Sarpanch, Naib- 20 Sarpanch or Panch of a Circle Panchayat, or a member of the Panchayati Adalat, as the caff may be, and the prescribed autho- rity may, after giving an opportunity, by notice served in the manner provided for the service of summons in the Code of Civil Procedure, to show cause against U, direct him to make 25 good the loss, waste or misapplication of the money or property. If the amount is not paid within 14 days from the expiry of the period of appeal prescribed under sub-section (2) or the date of decision in appeal, if any, whichever is later, the Collector on the request of the prescribed authority shall proceed forth- 3° with to recover the amount as if it were an arrear of land revenue and have it credited to the Gaon Sabha Area Fund:

Provided that no such person will bo liable to be called upon to show cause by notice under this sub-section after the expiry of four years from the occurrence of such loss, waste or 35 misapplication:

Provided further that any such person may be called upon to show cause as aforesaid during the said period of four years and proceeded with further even if he has ceased to hold the respective office during this period.

40 is made, may, within 30 days of the receipt of such order, appeal is made, may, vJthin 30 days of the receipt of such order, appeal

to the Devel >pment Commissioner, Delhi or lo such officer as the Chief Commissioner may appoint in this behalf, and the appel- late authority raaj in such appeal confirm, modify or reverse tlu: order appealed from.

(3) Nothing in this section shall be deemed to debar the 5

I0 Gaon Panchayat or the Circle Panchayat or any other competeni authority, namely, the prescribed authority or a person autho- rised by it in writing, to institute criminal proceedings against the person referred to in sub-section (1) it the circumstances of the case so warrant."

Amendment of sci/non 3c,

5. In r.ection 30 of the principal Act, after the words "under this act", the words "and every Pradhan or Up-Pradhan of a Gaon Pan- chayat" shall be inserted.

6. To sub-section (2) of section 36 of ths principal Act, the fallow- Amendmcn: of section 36,

ing provisions shall be added, namely: —

"Provided that notwithstanding anything contained .11 the Code of Civil Procedure, 1908 and any other law tor the time being in force, no such case shall be entertained by any civil or reven- ^ court unless the Union of India has been added as 0 plaint 1 or defendant according as the case is by 01 against the 20 Gaon Gabha:

Provided further that no such case shall bo decided on the admission by the Pradhan or any representative of the Gaon Sabha with respect to the right or title ol any person to the property in suit whether made on his own or on the authority 25 of a resolution of the Gaon Panchayat, unless such admission has been authorised in writing by the Director of Panchayats, Delhi."

7. After section 36 of the principal Act, the following section shall be added, namely:—

3'^ lnseitjon of new section 36A.

r.cttairt decrees and orders to be voidable

"36A. (!) Notwithstanding anything contained in any other law being in force, every decree or order pertaining to any property mentioned in section 35, passed by any civil or revenue court after the -commencement of this Act in any suit or proceed- ing to which the Union of India was not a party, shall be void- 35 able and shall, on application made to such court by the Union of India-—

(a) within twelve months of the commencement of the Delhi Panchayat Raj (Amendment) Act, 1963, if such decree or order was passed before such commencement, and ^0

(b) otherwise within twelve months of the passing of any such fleeter or oxder,

be sot aside.

(2) On the setting aside of any decree or order under sub- *> °rction (7), ovrrv -such suit or proceeding shall bo tried afresh with the Union of India as plaintiff/petitioner or defendmt/ respondent according as the suit/proceeding is by or against the Gaon Sabha".

8. In sub-section (4) of :,PC ion 44 of the principal Act, for clause AnnHlnent "t section 44.

i° (a), the following cl.'iusr-s :,lnJl hp substituted, namely: —

"(a) no longer a member of [he Gaon Sabha; or

(aa) unable to read and write Hindi or Urdu; or".

Substitution 9. For section 49 of Hie principal Act, the following section shall be substituted, namely: —

15 "49. (1) A Pradhpn, member or panch of a Gaon Panchayat. CVcl-- Panchavat or Puncbavati Adalat may brj '-emnved at any time by the prescribed authority in the manner p¹ : -ribed if hr—

(a) incurs any di'iqunlificption under section 15A or sub-section (4) of section 44 of this Act or - 'tion 153 of ²⁰ (he Delhi Land Reforms Act, 1954, as the cas may be,

(b) refuses to act or becomes incapable of acting, or

(c) without reasonable cause absents himself for more than 1wo consecutive months from the sitting'-' of the Gaon Panchayat or the Circle Panchayat or the Panchayati ²5 Adglat, as the case may be, or

(d) is, in the opinion of the prescribed authority, guilty of miscondu'-l in the discharge of his duties, or

(?) is, in the opinion of the prescribed nulhority, undesirable in the public interest to continue in oftice, or

30 (f) is found to have encroached upon the Gi n Sabha land, or

(q) his acted against the interests of the Ga M Sabha, Cnon Fanchoyat, Circle Panchayat or the Panchayati Adalat, or

^ (h) diaobevs any lawful order or directinn issued by any court, prescribed authority or competent officer made under this Act or any other law for the time being in force, or

(1) h.is caused financial loss, waste or misapplication of any money or property belonging to the Gaon Sabha, Gaon Panchayat, Circle Panchayat or the Panchayati Adalat, by neglect or misconduct in the performance of his duties.

(2) A Pradhan, member or Panch removed under sub-sec- 5 tion (1) pball not be entitled *o re-election as a Pradhan, mem- ber or Panch for a period of throe years and shall cease to be a Pradhan, member or P;mch of the Gaon Panchayat or Circle Panchayat or Panchayati Adalat, as the case may be.

(3) A person removed under sub-section (1) shall have a io right of appeal to the Chief Commissioner."

Amendment of section 80.

10. Section 80 of the principal Act shall be re-nurabered as sub- nPction (1) thereof, and after sub-section (1) as so re-numbered, the following sub-sections shall be addnd, namely: —

"(2) If (-ho accused fails to appear or cannot be found, the I, Panchayati Adalat shall report the fact to the Sub-Divisional Magistrate concerned.

(3) On receipt of a report under sub-section (2) the Sub- Divisional Magistrate shall issue a warrant for the arrest o£ the accused nnd may direct bv endorsement on the warrant that if 20 su^h person executes the bond with sufficient sureties for his attendance before him in the manner provided by section 76 of the Code of Criminal Piocedure, 1898, he shall be released from custody.

(4) When ihe accused appears before the Magistrate, he 2^ shall direct him to execute a bond with or without sureties to appear before the Panchayati Adalat on such date r\% he may direct, and thereafter to cotitinue to appear before the Pancha- yaii Adalat as directed by it.

(5) On tlv- failure of tV accused to execute such bond, the 30 Magistrate shall remand the accused to judicial custody and submit the case to the Additional District Magistrate for transfer to a court of competent -jurisdiction

(6) If the accused fails to appear before the Panchayati Adalat after executing a bond under sub-section (4), the Pan- 55 chayati Ada!at shall report the fact to the Magistrate before whom the bond wi SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 565

11. In section 84 of the principal Act, atier clause (e), me follow- •

Wiei'.dmcQt f section H4, ing clause shall be added, namely: —

"(f) issue such orders rmd directions to any Gnon Sabha, Gaon Panchnyat or Circle Panchayat or to the Pradhan, Up- 5 Pradhan or any member of Gaon Panchayat or Sarpanch, Nnib Sarpanch or Panch of the Circle Panchayat as may appear to be npcessary for the purpose of this Act or the rules framed there- under and it shall be the duty of such persons or the Gaon Pan- chayat, Gaon Sabha or the Circle Panchayat to forthwith carry 10 out such orders and comply with such directions,"

12. In section 85 of the principal Act, for sub-section (1), the

Amendment of-cction 85.

following sub-section shall be substituted, namely: —

"(I) The proscribed authority or any other officer specially empowered in this behalf by the Chief Commissioner on informa- 13 tion received or on its or his own initiative may by order in writing suspend the execution or further execution of a resolu- tion or order passed or made under this Act or the rules frimed thereunder or any other law for the time being in force by a Gaon Sabha, Gaon Panchayat, Circle Panchayat or any officer ao or servant thereof or any committee or sub-committee thereof, or prohibit the doing of any act which is about to be done, or is being done In pursuance or under cover of this Act or the rules framed thereunder or in pursuance of any sanction or permission granted by a Gaon Sabha, Gaon Panchayat or Circle Panchayat 25 In the exercise of its powers under this Act, if irn its or h^ opinion such resolution, order, or act is in excess of the powers conferred by l"3w or contrary to the interests of the public in general or Gaon Sabha or Gaon Panchayat or Circle Panchayat or likely to cause loss, waste or damage of funds or property of 30 the Gaon Sabha or Circle Panchayat, or the execution of the resolution or order, or the doing of the act, is likely to lend to a breach of the peace, to encourage lawlessness or to cause injury or annoyance or obstruction to the public or to any class or body of persons or danger to the human life or safety:

33 Provided that the provisions of this sub-section shall not apply to any order passed by a Panchayati Adalat in a judicial proceeding."

13. After section 90 of the principal Act, the following section shall be inserted, namely: —

Insertion ot new section 90A.

;0 "90A. (7) If a Pradhan, Up-Pradhan or a mrmbrr of p Haon Panchayat or a Sarpanch, Naib Sarpanch or Panch of a Circle Panchayat who has been removed from office or whose r e s i gn tion from office has been accepted fails on demand bv the prescribed authority to hand over the charge of his office, he

Penalty for failure to hand over charge and cognizance of such offence.

432 G. of I. Ex.~2.

shall be punishable with imprisonment of either description which may extend to three months or with fine or with both.

(2) No court shall take cognizance of an offence punishable under sub-section (I), save on complaint made by or under the authority of the prescribed authority. 5

(3) No court inferior to that of a Magistrate of the First Class nhall try an offence punishable under sub-stction (1)."

14. After section 92 of the principal Act, the following section shall be inserted, namely: —

Insertion of new section 92A.

92A. (1) Notwithstanding anything contained in this Act I® "Power to require removal of encroach- ments etc.

or the Delhi Land Reforms Act, 1954 and the rules made there- under, or any other law for the time being in force, a Gaon Panchayat on receiving a report or other information and on taking such evidence, if any, as it thinks fit, may make a condi- tional order requiring, within such period as may be specified T5 in the order,

(a) the owner or the occupier of any building or land to remove any encroachment on a public street, public place or public drain, or

(b) the owner or occupier of any agricultural land to 20 destroy Rohll or any other such harmful weed or pests from such land; or shc*uld he object so to do, to appsar before it at a time and place specified in the order and to move to have the order set aside or modified in the manner hereinafter provided. If he does not perform such act or ²5 appear and show cause, the Gaon Panchayat shell report the facts of the case to the Circle Panchayat concerned. The Circle Panchayat shall constitute a Panchayeti Adalat under section 50 and the Panchayati Adalat so constituted shall then make the order absolute. In the event of his appearing 3° and showing cause against the conditional order, the Gaon Panchayat shall record his objection and report the matter to the Circle Panchayat.

The Circle Panchayat shall thereupon constitute a Panchayati Adaktt as aforesaid and the Panchayati Adalat 35 so constituted shall proceed to take evidence and if it ii satisfied that the order is not reasonable and proper, no fur- ther proceedings shall be taken in the case. If it is not so satisfied, the order shall be made absolute.

(2) If such ad is not performed within the time specified after the order has been made absolute, the Gaon Panchayat may cause it to be performed and may recover the costs of per- forming it from such person.

* (3) Any person who does not comply with the absolute order of the Panchayati Adalat made under this section shall be liable to a penalty which may extend to fifty rupees and if the breach is a continuing one, with a further penalty which may extend to two rupees for every day after the first during which the lu breach continued, provided that the recurring penalty shall not exceed one thousand rupees."

STATEMENT OF OBJECTS AND REASONS

With a view to avoid certain diffieulties experienced by Gaon Sabhas and Panchayats and Circle Adalats due to the Delhi Panch- ayat Raj Act and to afford protection to the common property belonging to the Gaon Panchayats and Gaon Sabhas, the present Bill seeks to amend certain sections of the Act.

Seeing the present powers of the Pradhan of the Gaon Fanch- ayata, the Bill seeks to increase his authority and competence and to make the voice of the members of the Panchayats effective, so that the Panchayats and Circle Adalats may be able to act with authority.

NEW DELHI; NAVAL PRABHAKAR.

The 30lh April, 1963.

BILL NO. 30 OF 1963

A Bill to make provision with respect to the use of eyes of deceased

persons for therapeutic purposes.

BE it enacted by Parliament in the Fourteenth Year of the

Republic of India as follows: —

1. (1) This Act may be called the Delhi Corncal Grafting Act, 1963.

Short title and extent.

5 (2) It extends to the whole of the Union territory of Delhi.

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

(a) "approved institution" means a hospital or a medical or teaching institution for therapeutic purposes approved by the Government for the purposes of this Act;

10 (b) "near relative" means any of the following relatives of the deceased, namely, a wife, husband, parent, son, daughter, brother and sister, and includes any other person who is related to the deceased—

(i) by lineal or collateral consanguinity within three H degrees in lineal relationship and six degrees in collateral relationship, or

(tij by marriage either with the deceased or with any relative specifically mentioned in this clause or with any other relative within the aforesaid degrees.

Explanation.—The expressions "lineal consanguinity" and

3-) of 1925.

"collateral consanguinity" shall have the meanings assigned to fl them respectively in sections 25 and 26 of the Indian Succession Act, 1925;

(c) "registered medical practitioner" means a practitioner registered with the Punjab Medical Council or the Medical Council of India.

io

Bemoval of eyes of decea- sed per- son.

3. (1) If any person, cither in writing at any time or orally in the presence of two or more witnesses during his last illness, has expressed a request that his eyes be used for therapeutic purposes riter his death, the person lawfully in possession of his body after his death may, unless he has reason to believe that the request was I5 subsequently withdrawn, authorise the removal of the eyes from the body for those purposes.

(2) Without prejudice to the provisions of sub-section (1), the person lawfully in possession of the body of a deceased person may authorise the removal of the eyes from the body for the purposes 20 aforesaid unless that person has reason to believe—

(a) that the deceased had expressed an objection to his eyes being so dealt with after his death and had not withdrawn such objection; or

(b) that a near relative of the deceased objects to the 25 deceased's eyes being so dealt with,

(3) An authority given under the provisions of this section In respect of any deceased person shall be sufficient warrant for the removal of the eyes from the body and their use for the purposes aforesaid; but no such removal shall be effected except by a register- 3

Authority when not to bo given.

4. The authority for the removal of the eyes shall not be given under section 3 if the person empowered to give such authority has 35 reason to believe that an inquest may be required to be held on the body in accordance with -the provisions of any law for the time being in force in that behalf.

5. No authority for the removal of eyes shall be given under section 3 in respect of the body of a deceased person by a person entrusted by another person with the body of a deceased person for the purpose only of its interment or cremation.

No authori- ty lor iclnn- v il oJ cyc:> when body is en 1 rusted to pei son by nothcr only

lor ctcma- lio 1 ett

SavinR, 5 6. (I) Nothing in the foregoing provisions of this Act shall bo construed as rendering unlawful any dealing with the body ur any part thereof, of a deceased person which would have been lawful if this Act had not been passed.

(2) Any authority for the removal of eyes given in accordance 10 with the provisions of this Act shall not be deemffd to be contraven-

45 of ]8So. tion of the provisions of section 297 of the Indian Penal Code.

STATEMENT OF OBJECTS AND REASONS

The object of the Bill is merely that a patient during his serious illness may be enabled to authorise, either in writing or orally in tht- picsence of two or mnrr- witnesses the removal of his eyes after death and their use for therapeutic purposes The right to remove one's eye shell vest only in a medical practitioner working in some approved institution.

Eyes have a very gro.it significance in human life. On acquisition i^ si^ht, a man feels real bliss and he considers himself to be perfect in a way. There is no greater charity than donation of eyes. This Dill seeks to Rive legal form to the solution of the problem of giving sight to the blind

NEW DELHI; NAVAL PRABHAKAR.

The 29th May, 1963.

BILL NO. 27 OF 1963

A Bill further to amend the Indian Penal Code, 1&60.

BE it enacted by Parliament in the Fourteenth Year of the Re-

public of India as follows: —

Short title.

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

Act, 1963.

45 of i860.

Amendment of section 324.

5 2. In section 324 of the Indian Penal Code (hereinafter referred to as the principal Act) the words "or any corrosive substance" shall be omitted.

3. After section 324 of the principal Act, the following new sec-

tion shall be inserted, namely: —

JO "324A. Whoever voluntarily causes hurt by means of any corrosive substance, shall be punished with rigorous imprison- ment for a term not less than three years and shall also be liable to fine."

Insertion of new section 324A. Voluntarily causing hurt by means of corrosive substance.

4. In section 326 of the principal Act, the words-"or any corro-

15 sive substance" shall be omitted.

Amendment of section 326.

5. After section 326 of the principal Act, the following new sec-

tion shall be inserted, namely: —

"326A. Whoever voluntarily causes grievous hurt by means of any corrosive substance shall be punished with imprisonment

20 for life and shall also be liable to fine"

Insertion of new section 32

432 G, of I. Ex.—3

STATEMENT OF OBJECTS AND REASONS

Of all the offences affecting human body, throwing of acids is the most heinous. It not only destroys the happiness of the human being against whom such offence is committed, but also ruins the entire family. There have been cases where the parents have died as the result of the shock after seeing the condition of their daughter—the victim of such an outrage. Of late, an increase in the incidence of such crime is being noticed. Only a highly deterrent punishment can check such crimes. Hence this Bill.

NEW DELHI; C. K. BHATTACHARYYA.

The 24th June. 1963.

BILL NO. 34 OF 1963

A Bill to enforce ban on employees of the Government of India pom

entering into service in private undertakings after their retirement.

BE it enacted by Parliament in the Fourteenth Year of the

Republic of India as follows: —

1. (1) This Act may be called the Government Servants (Ban

on Service after Retirement) Act, 1963.

Short titlej extent ana commence- ment.

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

and Kashmir.

(3) It shall come into force at once.

Definitions.

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

(a) "Government servant" means an employee belonging 10 to the Central Government whose monthly emoluments exceed

rupees three hundred.

(b) "Service in private undertaking" shall include service

of any nature other than the Government service.

3. No Government servant shall, on retirement from Government 15 service, enter into service in any private undertaking for a period of four years:

Provided that after the expiry of the said period of four years Government may accord permission to a Government servant to enter into service in a private undertaking after ensuring that—

(a) the concerned private undertaking was not in any way connected with his former position in the Government service; 5

(b) at the time of his appointment in the concerned private undertaking, none of his relations in the Government service is directly or indirectly concerned with it; and

(c) during the said period of four years he has, in no way, tendered directly or indirectly any advice or rendered any ic assistance to the concerned private undertaking.

STATEMENT OF OBJECTS AND REASONS

The object of the Bill is to ban the employees of Government of India from entering private enterprises or industrial establishments after their retirement.

NEW DELHI;

R. G- DUBEY.

The llth July, 1963.

M. N. KAUL,

Secretary.

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