REGISTERED No. D. 221 रजिस्ट्री सं ० डी० 221
भारत राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड-2
PART II - Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं ० 56] No. 56 ]
नई दिल्ली , शुक्रवार, दिसम्बर 3 , 1965 / प्रग्रहायण 12, 1887 NEW DELHI , FRIDAY , DECEMBER 3 , 1965 / A GRAHAYAΝΑ 12 , 1878
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 .
LOK SABНА
The following Bills were introduced in Lok Sabha on the 3rd December , 1965 : -
BILL NO . 85 OF 1965
A Bill further to amend the Criminal Law Amendment, Act , 1952 .
BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows :-
1. This Act may be called the Criminal Law Amendment (Amend- Short ment ) Act , 1965 .
title .
5
46 of 1952 ,
2. In sub - section ( 3A ) of section 8 of the Criminal Law Amend- Amend- ment Act , 1952 ( hereinafter referred to as the principal Act ) , for the ment of word and figures " section 350 " , the words and figures " sections 350 section 8 . and 549 " shall be substituted .
(1167 ) [PART II
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1168
Insertion of new section 11.
3. After section 10 of the principal Act , the following section shall be inserted , and shall be deemed always to have been inserted , namely: --
" 11. ( 1 ) Nothing in this Act shall affect the jurisdiction ex- erciseable by , or the procedure applicable to , any court or other 5 authority under any military , naval or air force law .
Military, naval and air force laws not to be affected .
( 2 ) For the removal of doubts it is hereby declared that for the purposes of any such law as is referred to in sub - section (1 ) , the court of the special Judge shall be deemed to be a court of ordinary criminal justice." .
Valida- tion and indemnity .
15
46 of 1952 .
20 4. No trial or other proceeding held or taken before , and no sen- tence passed by a court - martial or any other authority under any military, naval or air force law before the commencement of the Criminal Law Amendment ( Amendment ) Act , 1965 , shall be called in question in any court merely on the ground that the court - martial or other authority had no jurisdiction by virtue of the provisions of the Criminal Law Amendment Act , 1952 , and all such trials , proceed- ings and sentences shall , notwithstanding any judgment or order of any court , be as valid and operative as if they had been held , taken or passed in accordance with law ; and accordingly no suit or other legal proceeding shall be maintained or continued against any per- son whatever on the ground that any such trial , proceeding or sen- tence was not held , taken or passed in accordance with law .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2 ]
1169
STATEMENT OF OBJECTS AND REASONS
Under section 7 ( 1 ) of the Criminal Law Amendment Act , 1952 , notwithstanding anything contained in the Code of Criminal Proce- dure or in any other law , the offences specified in section 6 ( 1 ) of the Act are triable by special Judges only . In the light of the judgment of the Supreme Court in Major E. G. Barsay v . State of Bombay (A.I.R. 1961 S.C. 1762 ) , the view has been taken that the exclusive jurisdiction conferred upon the special Judge by section 7 ( 1) of the Act would exclude the trial by a court - martial or other authority of any offence , the facts of which are such as to constitute an offence under section 6 ( 1 ) of the Act . The view on which the military authorities have been proceeding so far , however , is that the juris- diction in this respect is concurrent . It has , therefore , become neces- sary to amend the Act so as to insert a new section therein , as from the commencement of the Act , to save the jurisdiction exerciseable by a court- martial or other authority under the Army , Navy and Air Force Acts and to validate the trials held , proceedings taken and sentences passed by courts - martial and other competent authorities .
The Bill is intended to achieve the above objects .
JAISUKHLAL HATHI .
NEW DELHI;
The 25th November , 1965 , [PART II THE GAZETTE OF INDIA EXTRAORDINARY
1170
BILL NO . 89 OF 1965
a Bill further to amend the Indian Tariff Act , 1934 .
Be it enacted by Parliament in the Sixteenth Year of the Republic of India as follows : -
1. ( 1 ) This Act may be called the Indian Tariff ( Amendment ) Act , 1965 .
Short title and commen cement .
5 (2) It shall come into force on the 1st day of January , 1966 .
2. In the First Schedule to the Indian Tariff Act , 1934 , in Items 32 of 1934 . Nos . 34 (4 ) , 60 (7 ) , 64 ( 3 ) , 64 (5 ) , 68 ( 2A ) , 70A, 70 ( 5 ) , 72 ( 14 ) , 72 (39 ) Amendment of First Schedule .
and 75 ( 16 ) ,-
10 (a) in the third column headed " Nature of duty " , for the word "Protective " , wherever it occurs , the word " Revenue" shall be substituted ;
(b ) in the last column headed " Duration of protective rates of duty " , the entry " December 31st , 1965 " , wherever it occurs , shall be omitted .
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY
1171
STATEMENT OF OBJECTS AND REASONS
The Bill seeks to amend the First Schedule to the Indian Tariff Act , 1934 ( 32 of 1934 ) , in order to implement Government decisions on the Reports of the Tariff Commission on certain industries .
2. The industries in respect of which protection will be discontinued from 1st January , 1966 are : -
S. No. Item No. of Tariff Name of Industry
I. 34(4) Safety Matches .
2. 60(7) Sheet Glass .
3 . 64(3 ) , 64 (5 ) , 68 ( 2A) , 70A and
70(5) Non - Ferrous Metals .
4. 72(14) Electric Motors .
5. 72(39) Power and Distribu-
tion Transformers .
6. 75(16) Automobile Sparking
Plugs .
NEW DELHI ; MANUBHAI SHAH .
The 30th November , 1965 .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 1172
BILL NO . 68 OF 1965
a Bill to provide for the compulsory insurance of the Armed Forces personnel .
Be it enacted by Parliament in the Sixteenth Year of the Repub- lic of India as follows: -
1. ( 1 ) This Act may be called the Indian Armed Forces Personnel . ( Compulsory Insurance) Act , 1965.
Short title and com mencement
(2) It shall come into force at once .
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SEC . 2 ]
1173
Definition .
2. In this Act unless the context otherwise requires the Armed Forces personnel shall include Officers and other ranks including sepoys and soldiers commonly known as Jawans of the Army , Navy and Air Force ,
Compulsory armed forces personnel .
5 3. ( 1 ) The Central Government shall provide for compulsory insurance of all the Armed Forces personnel , each for a sum of Rs . 10,000 or above .
(2 ) The premium shall be paid by the Central Government from the date of appointment of a person in the Armed Forces till such To date as he continues to be in service .
(3 ) On the death of such person , irrespective of the fact whe- ther his death occurs while in active service or otherwise , the pro- ceeds of the insurance shall be paid to his nominees or heirs .
4. In the case of the retirement of the person from service , 15 proceeds of his insurance shall be payable to him .
the Payment of sam assured on retire- ment .
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[PART II 1174
STATEMENT OF OBJECTS AND REASONS
As the Armed Forces personnel have to work under a great strain and also to risk their lives for the sake of the nation and for defending their country's sovereignty and integrity , it is desirable that their families and children may not have to suffer undue hardships on account of the death of the bread - earner . To obviate this difficulty and in fairness to the dependents of the Armed Forces personnel , it becomes obligatory on the part of the Government to provide compulsory insurance for the Armed Forces personnel .
M. L. DWIVEDI .
NEW DELHI ;
October 8 , 1965 .
SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
1175
FINANCIAL MEMORANDUM
The Bill envisages provision for a compulsory insurance of the Armed Forces personnel . Clause 3 of the Bill provides for com- pulsory insurance for a sum of Rs . 10,000 minimum or above . This clause no doubt involves some expenditure . No exact idea is possible at this stage as to the amount of recurring and non - recurring expenditure that may be required . But to start with , a non- recurring grant of Rs . 2 crores is required .
S. L. SHAKDHER ,
Secretary .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS, MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS ,
DELHI, 1965 .