REGISTERED No. D. 221 रजिस्ट्री सं ० डी ० 221
भारत को राजपत्र The Gazette of India
EXTRAORDINARY
No
TRAI SECRETARIATLIB CEN
भाग II लण्ड1
PART II- Section 1
प्राधिकार से प्रकाशित
C 6 JAN 1985
PUBLISHED BY AUTHORITY
नई दिल्ली , बृहस्पतिवार , दिसम्बर 23 , 1965/पौष 2, 1837 NEW DELHI, THURSDAY, DECEMBER 23 , 1965 /PAUSA 2 , 1887 सं० 53] No: 53]
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 filed as a separate compilation .
MINISTRY OF LAW
(Legislative Department )
New Delhi , the 23rd December , 1965/ Pausa 2 , 1887 ( Saka)
The following Acts of Parliament received the assent of the Pre- sident on the 22nd December , 1965 , and are hereby published for general information: -
THE ADDITIONAL DUTIES OF EXCISE ( GOODS OF SPECIAL IMPORTANCE ) AMENDMENT ACT , 1965
No. 48 OF 1965
[22nd December , 1965]
An Act further to amend the additional Duties of Excise ( Goods of Special Importance) Act , 1957 .
BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows :-
Short title and com- 1. ( 1 ) This Act may be called the Additional Duties of Excise (Goods of Special Importance ) Amendment Act , 1965.
menee- ment.
(2) It shall come into force on the 1st day of April, 1966.
(639) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II
640
58 of 1957 .
Amand- ment of long title.
2. In the long title of the Additional Duties of Excise (Goods of Special Importance ) Act , 1957 ( hereinafter referred to as the principal Act ) , for the words , figures and letters " dated the 14th day of December , 1961 " , the words , figures and letters " dated the 12th day of August , 1965 " shall be substituted.
3. In the principal Act , for the Second Schedule, the following Schedule shall be substituted , namely: -
Substitu- tion of new Schedule for Second Schedule .
' THE SECOND SCHEDULE
(See section 4)
1. In this Schedule , " net proceeds " , as respects any financial year , means the net proceeds of the additional duties in respect of sugar , tobacco, cotton fabrics , silk fabrics , woollen fabrics and rayon or artificial silk fabrics levied and collected during that financial year .
2. During each of the financial years commencing on and after the 1st day of April , 1966 , there shall be paid,-
(a) to the State of Jammu and Kashmir a sum equal to 1.5 per cent . of the net proceeds ;
(b) to the State of Nagaland a sum equal to 0.05 per cent . of the net proceeds ; and
(c) to each of the States specified in the first column of the Table
(i) a sum equal to the amount specified against that State in the second column of the Table ; and
(i ) if the total of the sums specified in the second column of the Table is less than 97.45 per cent . of the net proceeds by any amount , a further sum equal to such percent- age of that amount as is specified against that State in the third column of the Table :
Provided that if during that financial year there is levied and collected in any State a tax on the sale or purchase of sugar , tobacco , cotton fabrics , silk fabrics , woollen fabrics and rayon or artificial silk fabrics by or under any law of that State , no sums shall be payable to that State under clause ( a ) , or clause ( b ) , or , as the case may be , under clause (c) in respect of that financial year , unless the Central Gov- ernment by special order otherwise directs .
SEC. 1 ]
THE GAZETTE OF INDIA EXTRAORDINARY
I State
641
TABLE
2
3 Percentage
Rupees in lakhs
Andhra Pradesh 235.24 7.42 Assam 85-08 1.98 Bihar 130.16 6.17 Gujarat 323.45 7.43 Kerala 95.08 5.65 Madhya Pradesh 155.17 4.62 Madras 285.34 11 13 Maharashtra 637.77 19.87 Mysore 100.10 5.21 Orissa 85.10 2.58 Punjab 175.19 5.01 Rajasthan 90.10 3.17 Uttar Pradesh 575-81 7.83 West Bengal 280.41 11.93' .
THE UNION TERRITORIES ( DIRECT ELECTION TO THE HOUSE OF THE PEOPLE ) ACT , 1965
No. 49 OF 1965
[22nd December , 1965 ]
An Act to provide for direct election in certain Union territories for filling the seats allotted to them in the House of the People and for matters connected therewith .
BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows :-
1. This Act may be called the Union Territories ( Direct Election Short title . to the House of the People ) Act , 1965 .
2. In this Act-
43 of 1950 .
Defini- tions.
(a) " parliamentary constituency " has the same meaning as in the Representation of the People Act , 1950 ;
(b) " sitting member " means a person who immediately before the commencement of this Act is a member of the House of the People;
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 642
(c) " Union territory " means any of the Union territories of the Andaman and Nicobar Islands , the Laccadive , Minicoy and Amindivi Islands and Dadra and Nagar Haveli .
43 of 1950 3. At the next general election to the House of the People and thereafter , the seats allotted under section 3 of the Representation of the People Act , 1950 to the Union territories in the House of the People shall be seats to be filled by persons chosen by direct election and for that purpose each Union territory shall form one parlia- mentary constituency .
Direct election to fill the seats in the House of the People allotted to certain Union ter- ritories,
4. In the Representation of the People Act , 1950 ,-
Amend- ment of Act 43 of 1950 .
(a) in sub - section ( 1 ) of section 4, the words " , to the Andaman and Nicobar Islands , to the Laccadive , Minicoy and Amindivi Islands , to Dadra and Nagar Haveli ," shall be omitted ;
(b ) in sub- section ( 1 ) of section 13B , for the words " each parliamentary constituency in the Union territory of Delhi , " , the words " a parliamentary constituency in each of the Union terri- tories of Delhi , the Andaman and Nicobar Islands , the Laccadive , Minicoy and Amindivi Islands and Dadra and Nagar Haveli ," shall be substituted ;
(c) in sub - section ( 1) and in sub -section (2 ) of section 13D , for the words " the Union territory of Delhi " , the words " each of the Union territories of Delhi , the Andaman and Nicobar Islands , the Laccadive , Minicoy and Amindivi Islands and Dadra and Nagar Haveli " shall be substituted ,
Amend- ment of Act 43 of 1951 .
5. In the Representation of the People Act , 1951 , in section 4, the words " to the Andaman and Nicobar Islands , to the Laccadive , Minicoy and Amindivi Islands , to Dadra and Nagar Haveli , " shall be omitted .
Provision as to sitting member .
6. The sitting member representing each Union territory shall continue to represent that Union territory until the dissolution of the present House of the People and if before such dissolution the seat allotted to a Union territory in the House of the People becomes vacant it shall be filled by a person nominated by the President and that person shall represent the Union territory in the present House of the People until its dissolution , THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 1 ]
643
THE GOA , DAMAN AND DIU (ABSORBED EMPLOYEES )
ACT, 1965
No. 50 от 1965
[22nd December , 1965 ]
An Act to provide for the regulation of the conditions of service of persons absorbed for service in connection with the administration of the Union territory of Goa , Daman and Diu and for matters connected therewith .
BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows: -
1. This Act may be called the Goa, Daman and Diu (Absorbed Short - title Employees ) Act , 1965 .
Definitions .
2. In this Act , unless the context otherwise requires ,-
(a) " absorbed employee " means a person who immediately before the 20th day of December , 1961 , was holding an absorbed post and who on and after that date either served or has been serving in that or any other post in connection with the administration of the Union territory of Goa , Daman and Diu or in any of the Departments of the Central Government ;
(b ) " absorbed post " means a civil service or post which existed under the former Portuguese Administration in Goa , Daman and Diu immediately before the 20th day of December , 1961.
3. (1 ) The Central Government may make rules-
(a) for the regulation of recruitment to absorbed posts and the conditions of service of absorbed employees ;
Power to make rules regulating re- cruitment and condi- tions of ser- sorbed em- employees of certain cor- vice of ab- ployees and porations.
(b) for the regulation of the conditions of service of persons who were in the service of a Corporation ( whether known as a junta or otherwise ) immediately before the 20th day of Decem- ber , 1961 , and who on or after that date either served or have been serving in connection with the administration of the Union territory of Goa , Daman and Diu or in any of the Departments of the Central Government .
(2) Any such rule may be made so as to be retrospective to any date not earlier than the 20th day of December , 1961 :
Provided that no person shall , by virtue of such retrospective effect , be liable to refund any amount paid to him by way of salary or allowances or pension before the making of any such rule.
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 644
(3) Every rule made under this section shall be laid , 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 successive sessions and if , before the expiry of the session in which it is so laid or the session immediately following , 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 the case may be ; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule .
Repeal ,
4. (1 ) On the making of any rule under section 3 , the corres- ponding law , if any , in respect of any matter for which provision is made in that rule , shall stand repealed with effect from the date of the coming into force of that rule .
(2 ) The provisions of sections 6 and 24 of the General Clauses 10 of 1897 . Act , 1897 , shall apply to such repeal as if the rule and the corres- ponding law referred to in sub - section ( 1 ) were Central Acts .
Powerto culties . remove diffi
5. If any difficulty arises in giving effect to the provisions of this Act or any rule made thereunder in relation to any absorbed employee or any person referred to in clause ( b ) of sub - section ( 1 ) of section 3 , the Central Government may , by order , make such pro- vision as appears to it to be necessary or expedient for removing the difficulty :
Provided that the power under this section shall not be exercis- able after the expiration of a period of two years from the commencement of this Act .
THE ESTATE DUTY ( DISTRIBUTION ) AMENDMENT
ACT , 1965
No. 51 or 1965
[22nd December , 1965 ]
An Act further to amend the Estate Duty (Distribution) Act , 1962 . BE it enacted by Parliament in the Sixteenth Year of the Republic of India as follows: -
1. ( 1 ) This Act may be called the Estate Duty (Distribution ) Amendment Act , 1965 .
(2) It shall come into force on the 1st day of April , 1966 .
Short title and com- mence- ment.
SEC. 1 ] THE GAZETTE OF INDIA EXTRAORDINARY
9 of 1962 .
645
Amend-
of long title.
2. In the long title of the Estate Duty (Distribution ) Act , 1962 ( hereinafter referred to as the principal Act) , for the words , figures ment and letters "dated the 14th day of December, 1961 " , the words , figures and letters " dated the 12th day of August , 1965 " shall be substituted.
Amend-
3. In section 3 of the principal Act ,
ment of section 3 .
(i) for sub- section ( 1 ) , the following sub - section shall be substituted , namely :-
" ( 1) During each financial year commencing on and after the 1st day of April , 1966 , the net proceeds of estate duty levied and collected during that financial year shall , after deducting therefrom a sum equal to two per cent . of the said proceeds as being attributable to Union territories , be distributed among the States in accordance with the provisions of sub - section (2 ) . " ;
( ii) for clause ( b ) of sub - section (2 ) , the following clause shall be substituted , namely: -
" (b ) the balance shall be distributed among the States as follows: -
State
Andhra Pradesh
Assam
Bihar
Gujarat
Jammu and Kashmir
Kerala
Madhya Pradesh
Madras
Maharashtra
Mysore
Nagaland
Orissa
Punjab
Rajasthan
Uttar Pradesh
West Bengal
Percentage
8-34
2-75
10.76
4.78
0.83
3-92
7:50
7.80
9.16
5.46
0.09
4.07
4.70
4.67
17.08
8.09" .
R. C. S. SARKAR ,
Secy . to the Govt . of India .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS, MINTO ROAD , NEW DELHI , 1965 , PUBLISHED BY THE MANAGER OF PUBLICATIONS ,
DELHI, 1965 .