REGISTERED No. D. 221 रजिस्ट्री सं ० की 221
भारत का राजपत्र The Gazette of India
प्रसाधारण
EXTRAORDINARY
भाग II--लण्ड
PART II- Section 2
प्राधिकार स प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, शुक्रवार , फरवरी 19. 1965/माथा 30 , 1886
सं०4 ]
No. 4] NEW DELHI , FRIDAY , FEBRUARY 19 , 1965 / MAGHA 30 , 1886
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 the Part in order that it may be bled as a separate compilation
LOK SABНА
The following Bills were introduced in Lok Sabha on the 19th February , 1965 : ---
BILL NO . 80 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 , Short title . 1964.
2. In article 368 of the Constitution ,
5
(i) clause ( a ) of the proviso shall be renumbered as clause
Amend- ment of article 368.
(aa) ; and
(ii ) before clause ( aa) as so re - numbered , the following clause shall be inserted , namely :-
IO
(a) Part III .
49 THE GAZETTE OF INDIA EXTRAORDINARY [PART II 30
STATEMENT OF OBJECTS AND REASONS
While upholding the validity of the Constitution (Seventeenth Amendment ) Act , 1964, the Supreme Court has opined that it would be better if the proviso to article 368 of the Constitution of India is amended to provide for the ratification of any amendment to Part III of the Constitution by State Legislatures . The present Bill aims to give effect to the suggestion made by the Supreme Court .
YASHPAL SINGH.
NEW DELHI;
The 14th November , 1964.
SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
51
BILL NO . 87 or 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 :-
title .
1. This Act may be called the Constitution ( Amendment ) Act , Short 1964.
5 article 2. In article 124 of the Constitution , in clause ( 7) , after the words Amend- "within the territory of India " , the words " or shall be eligible for ment of further employment either under the Government of India or under 124. the Government of a State or under a private body in any capacity whatsoever " shall be inserted .
article 3. In article 220 of the Constitution , after the words " and the Amend- other High Courts " , the words "or shall be eligible for further ment of employment either under the Government of India or under the 220. Government of a State or under a private body in any capacity whatsoever" shall be inserted , THE GAZETTE OF INDIA EXTRAORDINARY [PART II 52
STATEMENT OF OBJECTS AND REASONS
In our country the Judiciary has been held in high esteem on account of its traditional independence and impartiality . In the days gone by , the Judges refused to accept even invitations to func- tions and parties organised by Government so that the independence and impartiality of the Judges could not be tarnished. Nowadays , instances of acceptance of office by the Judges of the Supreme Court or the High Courts after their retirement are not rare . This may lead to the belief , however unfounded it may be , that the Judges are amenable to influence by the lure of office after their retirement . Hence , acceptance of office , even in an honorary capacity, by the Judges of Supreme Court and the High Courts after their retirement is not desirable .
Already there is a provision in the Constitution of India imposing restriction on the Comptroller and Auditor General of India in the matter of acceptance of office after retirement . It is all the more necessary that similar restriction should be imposed on the Judges of Supreme Court and High Courts.
The Bill seeks to remove the lacuna in the Constitution by prohibiting such acceptance of office by the Judges after retire- ment .
NEW DELHI;
С. К. BHATTACHARYYA .
The 20th November , 1964 .
SEC. 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
53
BILL NO . 2 or 1965
A Bill further to amend the Companies Act , 1956 .
BE it enacted by Parliament in the Sixteenth Year of the Repub- lic of India as follows :-
1. This Act may be called the Companies (Amendment) Act , Short 1965. title,
of 1956 .
5
2.After section 13 of the Companies Act , 1956 ( hereinafter refer- red to as the principal Act ) , the following new section shall be in- serted , namely: -
Insertion of new section 13A .
IQ " 13A. Notwithstanding anything contained in the memoran- dum or articles of association, a company shall not contribute any amounts to any political party or political fund. "
Ban on contribu- tion to political party or fund.
3. In clause ( e ) of sub - section ( 1 ) of section 293 of the principal Act , the words " and other " shall be omitted.
Amend- ment of section 293.
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II
54
4. For section 293A of the principal Act, the following section shall be substituted , namely : -
Substitu- tion of new sec- tion for section 293A,
Ban on contribu- tion to political party etc.
" 293A . Notwithstanding anything contained in any law for the time being in force , no company shall subscribe or contri- bute directly or indirectly to any political party or political fund 5 or financially help any candidate for election to either House of Parliament or State Legislature by providing any sum of money , gift , donation or any other service or benefit capable of being evaluated in terms of money either by themselves or along with other social , charitable or other objects ."
5. After section 624B of the principal Act , the following new section shall be inserted , namely : -
Insertion of new section 624C .
Complaint to Court and penalty Cor offence .
" 624C . ( 1 ) Notwithstanding anything contained in any law for the time being in force , where an offence appears to have been committed under section 13A or section 293A , any citizen 15 of India may make a complaint to a Court not inferior to that of a Presidency Magistrate or a Magistrate of the First Class and such complaint shall be inquired into.
(2) Any person , against whom such offence is proved , shall be punishable with imprisonment for a term which may extend 20 to five years and with fine which shall not be less than the amount so contributed ." THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2 ]
55
STATEMENT OF OBJECTS AND REASONS
Certain companies are frequently contributing large sums of money to certain political parties . They are also sponsoring certain candidates for election to Parliament and State Legislatures . The present Bill aims at prohibiting these undesirable practices .
YASHPAL SINGH .
NEW DELHI
The 15th January, 1965.
S. L. SHAKDHER , Secretary.
CORRIGENDA
In the Gazette of India Extraordinary , Part II- Section 2- 1. No. 48 , dated the 17th November , 1964: -
(i ) Page 774, marginal heading to clause 26, for ' gramme' read ' programme' ; and
(ii ) Page 778 , read ' Protection of action taken under this Act . ' as marginal heading to clause 40.
2. No. 54, dated the 4th December, 1964 : -
(i) Page 860 , marginal heading to clause 25 , for ' on' read ' an' ; and
(ii) Page 884, marginal heading to clause 85 , after ' and ' read 'other'.
3. No. 58 , dated the 17th December, 1964 : -
Page 963 , line 3 from bottom, read 2 of 1934. ' as marginal reference .
PRINTED IN INDIA , BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI ,
1965