REGISTERED No. D. 221
T he G a z a t te of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 33] NEW DELHI FRIDAY, SEPTEMBER 11, 1964/BHADRA 20, 1886
Separate paging is given to this Part in order that it may be filed as a separate compilation
LOK SABHA
The following Bills were introduced in Lok Sabha on the 11th September 1964:—
BILL NO. 26 OF 1964
A Bill further to amend the Code of Criminal Procedure, 1898.
BE it enacted by Parliament in the Fifteenth Year of the Repub-
lic of India as follows : —
1. (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 1964.
Short title and com- mencement.
(2) It shall come into force at once.
5
2. In sub-section (I) of section 127 of the Code of Criminal Proce- Amendment of section 127. dure. 1898 (hereinafter referred to as the principal Act), the follow- ing words shall be added at the end, namely,—
5 of 1898.
"within a definite period of time to be specified in the command."
10
3. In section 128 of the principal act,—
Amendment of section 128.
(1) the words "or if, without being so commanded, it conducts Itself in such a manner as to show a determination not to disperse" shall be omitted;
511
427 G. of I. Ex—1.
512 THE GAZETTE OF INDIA EXTRAORDINARY [PART II(2) the following provisos shall be added at the end, namely,—
"Provided that no fire-arm* shall- ha uaed by the police to diapers© the unlawful assembly, unless- earlier all attempts to disperse such assembly by use of the water-hose, tear-gas and light cane charge have been unsuccessful:
5
Provided further that no fire-arma shall be used unless there is manifest danger to life or unless large scale destruction of property is imminent."
10 Ammdnnat of jectloo.
129.
4. In section 129 of the principal Act, for the words "If any such assembly cannot be otherwise dispersed", the words, "If any such assembly cannot be dispersed by means and methods aforementioned" shall b" substituted,
SEC. 2] TliE GAZETTfc OF jNDlA E&TftAORDflfcAftY 513STATEMENT OF OBJECTS AND REASONS
During the years since India attained independence, the power* conferred on the magistracy and the police by the Code of Criminal Procedure to disperse unlawful assemblies have been so frequently misused that certain safeguards against such abuse are deemed necessary. The Bill seeks to provide those essential safeguard*.
NBW DKLHI;
HARI VISHNU KAMATH.
Tha Uth March, 1964.
"I4 THE GA7.KTTE OF INDIA EXTRAORDINARY [PART IIBILL NO. 30 OF 1964
A Bill further to amend the Delivery of Books and Newspapers
(Public Libraries) Act, 1964.
BE it enacted by Parliament in the Fiftpenth Year of the Republic
of India as follows: —
1. (1) This Act may be called the Delivery of Books and News-
papers (Public Libraries) Amendment Act, 1964.
Short title extent and commence- ment
(2) It extends to the whole of India except the State of Jammu
5 and Kashmir.
(3) It shall come into force at once.
27 of 1954.
Amendment of section 2.
2. In part (b) of section 2 of the Delivery of Books and News- papers (Public Libraries) Act, 1954 (hereinafter referred to as the principal Act) ,—
10
(1) after the word "Calcutta", the words "the Parliament
Library at New Delhi" shall be inserted.
(2) for the word "three", the word "two" shall be substituted.
3. In sub-section (1) of section 3 of the principal Act, for the word
15 Amendment of section 3. "three", the word "two" shall be substituted.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5r5STATEMENT OF OBJECTS AND KEASONS
In free India, the Library of Parliament is as important a national institution as is the Congressional Library in the United States or the Library of the British Parliament. It is but meet and proper, there- fore, that it should find a place beside the Calcutta National Library in the Act. The number of 'other' libraries is consequentially reduced from three to two, so as not to disturb or upset the scheme of the parent Act,
NEW DELHI;
HARI VISHNU KAMATH.
The 23rd March, 1964
B I LL JNO. 47 OF 19C4
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in tht Fift*"nth Y"ar of 'th" Republic
of India as follows: —
1. (1) This Act may be callad the Constitution (Amendment) Act,
1964.
Short title and com- mencement.
(2) It shall come into force at once.
5
2. In article 316 of the Constitution, in cleuse (2), far the words
"sixty years" the words "sixty-two years" shall be substituted.
Amendment of article 3KS.
Sac, 2] THE GAZETTE OF INDIA EXTRAORDINARY 517STATEMENT OF OBJECTS AND REASONS
The Constitution had fixed the age of retirement of Judges of the Supreme Court and members of the Union Public Service Com- mission at sixty-five years and that of Judges of High Courts and members of the State Public Service Commissions at sixty years. Thus, so far as the age of retirement was concerned, the Constitution envisaged parity between Judges of the Supreme Court and members of the Union Public Service Commission on the one hand, and Judges of the High Courts and members of the State Public Service Com- missions, on the other.
The Constitution (Fifteenth Amendment) Act, 1963 has now raised the age of retirement of Judges of High Courts to sixty-two years. Therefore, in order to restore the parity, originally envisaged by the Constitution, it is proposed to raise the age of retirement of members of the State Public Service Commissions also to sixty-two years.
NEW DELHI;
S. N. CHATURVEDI.
The 30th March, 1964,
5l8 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIBILL NO. 37 or 1904
A Bill further to amend the Code of Criminal Procedure, 1898.
BE it enacted by Parliament in the Fifteenth Year of the Republic
of India as follows: —
1. (1) This Act may be called the Code of Criminal Procedure
(Amendment) Act, 1964.
Short tltl" and com- mence- ment.
(2) It shall come into force at once.
5
5 of 1898,
2. Section 109 of ^He Code of Criminal Procedure. 1898, shall be
pmltted.
Omission of section 10J,
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 519STATEMENT OF OBJECTS AND REASONS
Section 103 of the Code of Criminal Procedure, 1898 is against the dignity of the citizens of a free country. It makes unemploy- ment a punishable offence, whereas the Government is not prepared to undertake responsibility for the unemployed. Moreover, it makes punishable not an offence but the likelihood of an offence which la against the fundamental principles of jurisprudence.
Hence the Bill.
NEW DELHI;
RAM MANOHAR LOHIA.
The Uth April, 1964.
427 G of I Ex. —2
J20 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT HBILL 1NO. 10 OF 1004
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Fifteenth Year of the Republic of India as follows: —
Short title.
1. This Act may be called the Constitution (Amendment) Act, 1964.
2. Article 331 of the Constitution shall be omitted.
Omission of
•ftiota 331.
5
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 321STATEMENT OF OBJECTS AND REASONS
Since article 331 has outlived its utility, it is hiRh time that It is omitted. Hence this Bill.
NEW DELHI;
PANNA LAL BARUPAL.
The 17th April, 1064-
522 THE GAZETTE OF INDIA EXTRAORDINARY [PART ITBILL NO. 49 OF 1964
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Fifteenth Year of the Republic
of India as follows:—j
1. This Act may be called the Constitution (Amendment) Act, Short title.
1964.
5 2. In article 295 of the Constitution, the words and letter "Part
B of", wherever they occur, shall be omitted.
Amendment of article 29 5.
SEC. 2] THE GAZETTE OF INDIA EXTRAORl INARY 523STATEMENT OF OBJECTS AND REASONS
"Part B" of the First Schedule has been omitted from the Consti- tution of India but article 295 has not been amended accordingly. This Bill is, therefore, intended to rectify this error.
NEW DELHI,
V. C. FARASHAR.
The 18th April, 1964,
524 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIBILL NO. 52 OF 1964
A Bill farther to amend the Indian Stamp Act, 1899
BE it enacted by Parliament in the Fifteenth Yeer of the
Republic of India as follows: —
1. (l)This Act may be called the Indian Stamp (Amendment)
Act, 1964.
(2) It shall come into force at once.
Short title and com- mence- ment.
5
a of it99.
Amend- ment of section 3.
2. In section 3, in clause (b), of the Indian Stamp Act, 1899 (hereinafter referred to as the principal Act), after the words "payable otherwise than on demand" the word "cheque" shall be inserted.
3. In Schedule I of the principal Act, after article 20, the follow'
IO
ing new article shall be inserted, namely: —
Amend- ment of Schedule I.
"21. Cheque payable on demand Ten paise."
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 525STATEMENT OP OBJECTS AND REASONS
Banking business and banking habit have grown in the country and, therefore, the imposition of stamp duty on cheques will benefit revenues of the Centre and the States to a great extent.
Hence the Bill.
NEW DELHI;
NIHAR RANJAN LASKAR.
The 9th April, 1964.
PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117 AND 274 OF THE CONSTITUTION OF INDIA
[Copy of letter Wo. F. l/34/64-Cus.-VII, dated the 21st July, 1964 from Shri T. T. Krishnaviachari, Minister of Finance to the Secretary, hdk Sabha."]
The President having been informed of the subject matter of the Indian Stamp (Amendment) Bill, 1964, recommends under articles 117(1) and 274(1) of the Constitution of India, the introduction of the Bill in the Lok Sabha.
"6 THE GAZET7E OF INDIA EXTRAORDINARY [PART IIBILL N O. 59 OP 1964
A Bill further to aviend the Constitution of Indid.
BE it enacted by Parliament in the Fifteenth Year of the Republic
of India as follows: —
1. This Act may be called the Constitution (Amendment) Act, Short title.
1964.
2. In article 75, after clause (1), the following clause shall be
$ inserted, namely: —
Amend- ment of article 75.
10 "(1A) In the event of the occurrence of a vacancy in the office of the Prime Minister by reason of his death, the old Council of Ministers shall continue in office and the senior-most Minister shall act as Prime Minister until the appointment of a new Prime Minister by the President."
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5*7STATEMENT OF OBJECTS AND REASONS
In the event of the death of the Prime Minister, there is no pro- vision in the Constitution for the continuance of the old Council of Ministers and the discharge of the functions of the office of the Prime Minister. It is, therefore, proposed to provide for the con- tinuance in office of the Old Council of Ministers and the discbarge of functions of the Prime Minister by the senior-most Minister until the appointment of a new Prime Minister by the President
Hence this Bill.
NEW DELHI;
YASHPAL SINGH.
The 1st June, 1964.
427 G- of I. Ex—3.
528 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIBILL N O. 60 OF 1964
A Bill further to amend the Constitution of India.
BE It enacted by Parliament in the Fifteenth Year of the Republic
of India as follows: —
1. This Act may be called the Constitution (Amendment) Act,
1964:
Short tttte.
2. In article 75 of the Constitution, in clause (1), the follow-
ing proviso shall be added at the end, namely: —
Amend- ment of article 75.
"Provided that the number of Ministers shall in no case exceed twenty or one-fortieth of the total number of members of the House of the People and the Council of States, whichever is leas."
3. In article 153 of the Constitution, niter the proviso, the follow-
ing further provisos shall be added, namely: —
Amend- ment of article 153.
"Provided further that no person who has been defeated in the previous general elections shall be appointed a Governor.
15 Provided further that the Governor shall not belong to any political party, and must not have been a member of any political party within five years immediately pre- ceding the appointment."
4. In article 164 of the Constitution, in clause (1), after the
2C proviso, the following further proviso shall be added, namely: —
Amend- ment of article 104.
"Provided further that the number of Ministers . shall in no case exceed one-fortieth of the total number of members of the Legislative Assembly, and in a State having a Legislative Council, of both Houses of the Legislature."
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 529STATEMENT OF OBJECTS AND REASONS
Recently the number of Ministers at the Centre and in the States has tended to increase and become quite unproportionate to the duties and objectives involved. They are a heavy burden on the tax payer.
Similarly, the appointment of defeated persons to become Gover- nors not only sets a bad example but is in derogation to the voice of the electorate.
Therefore, a check on the appointments of Ministers and Gover- nors is necessary in the interest of propriety and good government and for the welfare of the nation as a whole.
Hence the Bill.
KRISHNAPAL SINGH.
NEW DELHI;
The 30th July, 1964.
S. L. SHAKDHER,