REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No.16]

NEW DELHI, FRIDAY, APRIL 1, 1966/CHAITRA 11, 1888

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

LOK SABHA

BILL NO. 32 OF 1966

The following Bills were introduced

in Lok Sabha on the 1st

April, 1966: —

A Bill to provide for the imposition of cess on certain produce for the

improvement and development of the methods of cultivation and

marketing of such produce and for matters connected

therewith.

BE it enacted by Parliament in the Seventeenth Year

the

Republic of India as follows :—

1. (1) This Act may be called the Produce Cess Act, 1966.

(2) It extends to the whole of India.

Short

title and

extent.

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

(a) "Collector" means the officer appointed by the Central

Government to perform in any specified area the duties of a

Collector under the provisions of this Act and the rules made

thereunder, and includes any officer subordinate to that officer

whom he may, by order in writing, authorise to perform

his

duties under those provisions;

(b) "cotton" means raw cotton, whether baled

or loose,

which has been ginned;

Definitions.

(177)

178

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

Customs Act, 1962;

52 of 1962.

(d) "Indian Council of Agricultural Research" means the

body registered in that name under the Societies Registration

Act, 18C0;

(e) "lac" includes any form of manufactured or unmanu-

factured lac other than refuse lac;

21 of I860.

(f) "managing agent" has the meaning assigned to it in the

Companies Act, 1956;

(g) "mill" means,—

l of 1956.

(i) in relation to cotton, any place which is a factory

as denned in section 2 of the Factories Act, 1948, and in

which, or in any part of which, cotton is converted into

yarn or thread either for sale as such or for conversion into

cotton goods,

(ii) in relation to copra or oil-seed and oil, any premises

in which or in any part of which, copra or oil-seed, as the

case may be, is crushed, or is ordinarily crushed, with the

aid of power for the extraction of oil.

Explanation.—"Power" means electrical energy or any

other form of energy, which is mechanically transmitted

and is not generated by human or animal agency,

(Hi) in relation to any other produce, such place as the

Central Government may, by notification in the Official

Gazette, specify;

(h) "occupier", in relation to any mill, means the person

who has the ultimate control over the affairs of the mill and

where the said affairs are entrusted to a managing agent, such

agent shall be deemed to be the occupier of the mill;

(i) "oil-seed" does not include copra;

(j) "prescribed" means prescribed

by rules made under

this Act;

(fc) "produce" means any goods specified in the First

Schedule or the Second Schedule.

63 of 1948.

Imposition

of cess.

3. (1) There shall be levied and collected as a cess, for the pur-

poses of this Act, on every produce specified in column 2 of the

First Schedule, which is exported from any customs port to any port

beyond the limits of India, a duty of customs at such rate, not

SEC. 2]

THE GA7ETTE OF INDIA EXTRAORDINARY

179

exceeding the rate specified in the corresponding entry in column 3

thereof, as the Central Government may, by notification in the

Official Gazette, specify :

Provided that until such rate is specified by the Central Govern-

ment, the duty of customs shall be levied and collected at the rate

specified in the corresponding entry in column 4 of the said

Schedule.

(2) There shall be levied and collected as a cess, for the purposes

of this Act, on every produce specified in column 2 of the Second

Schedule, a duty of excise at such rate, not exceeding the rate

specified in the corresponding entry in column 3 thereof, as the

Central Government may, by notification in the Official Gazette,

specify :

Provided that until such rate is specified by the Central Govern-

ment, the duty of excise shall be levied and collected at the rate

specified in the corresponding entry in column 4 of the said Schedule.

4. Every duty of customs leviable under this Act on any produce

shall be payable by the person by whom such produce is exported

from India and every duty of excise leviable under this Act on any

produce shall be payable by the occupier of the mill in which such

produce is consumed or extracted.

Persons

who shall

be liable

to pay

duty.

5. (1) An amount equivalent to the proceeds of the duty

levied and collected under this Act, reduced by the cost of collec-

tion as determined by the Central Government, together with any

moneys received by the Central Government for the purposes of

this Act, shall, after due appropriation made by Parliament by law,

be utilized by the Central Government to meet the expenditure

incurred in connection with measures which, in the opinion of that

Government, are necessary or expedient to promote the Improve-

ment, development and marketing of produce.

(2) In particular, and without prejudice to the generality of the

provisions of sub-section (1), the proceeds of the duty levied and

collected under this Act may be utilized by the Central Government

for all or any of the following purposes, namely:—

(a) undertaking,

assisting

or encouraging,

agricultural,

industrial, technological and economic research, including research

on the utilization of the products obtained from any produce;

(b) supplying technical advice to cultivators, growers and

millers;

(c) encouraging the adoption of improved methods of culti-

vation and storage of crops;

Appli-

cation of

proceeds

of c«is.

l8o

THE GAZETTE OF INDIA EXTRAORDINARY

[PAKT II

(d) producing, testing and distributing Improved varieties o

crops or assisting such work;

(e) assisting in the control of insects and other pests am

diseases of the crops, both In the field and in storage;

(j) promoting the improvement of the marketing of produce

and the products obtained therefrom in India and abroad inclu

ding the setting up and adoption of grade standards for the pro

duce and the products obtained therefrom;

(g) collecting statistics from cultivators, growers, dealers

and occupiers of mills on all relevant matters and promoting

improvement in the forecasting of crops and the preparation

of all relevant statistics relating to the crops and the product:

obtained therefrom;

(h) maintaining, and assisting in the maintenance of, such

institutes, farms and stations as the Central Government may

consider necessary;

(i) advising and providing assistance on all matters connected

with the improvement of the cultivation of crops (Including

advising on the best and most suitable varieties of the crops

to be cultivated) and the improvement of the industries using the

crops and the products obtained therefrom;

(j) promoting and encouraging the co-operative movement

in any connected industry;

(k) adopting such measures as may be practicable for en-

suring remunerative returns to the growers;

(I) organising the establishment of cultivators', growers',

millers' and consumers' organisations;

(m) aiding and encouraging the establishment of exhibitions

for demonstrating the uses of the produce and the products ob-

tained therefrom;

(n) adopting any other measures which the Central Govern-

ment may deem to be necessary or advisable to carry out the

purposes of this Act,

(3) In this section, "crops" means crops or plants from which

any produce is obtained.

Refund

of cess

on oils

exported

from

India.

6. There shall be refunded from out of the proceeds of cess levied

and collected under this Act, on such conditions as may be prescribed,

all sums collected as cess on the quantity of oils exported from India,

if such oils have been extracted from oil-seed or copra crushed in a

mill in India, irrespective of whether the oil-seed or copra is produced

in, or Imported into, India.

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

l8l

7. The occupier of every mill shall,—

(a) if the mill was established before the commencement of

this Act, within fourteen days from such commencement, and

(b) if the mill is established after the commencement of

this Act, within fourteen days from such establishment,

furnish to the Collector a statement containing the following parti-

culars, namely: —

(i) the name and situation of the mill;

(ii) the name and address of the occupier;

(Hi) the address to which the communications relating to the

mill may be sent; and

(iu) the total capacity of the mill.

Occupier

to sup-

ply cer-

tain parti-

culars to

Collector.

8. (1) Every occupier of a mill shall furnish to the Collector every

month a return stating the total amount of produce, specified in the

Second Schedule, consumed or brought under processing or extracted

in the mill during the preceding month.

(2) The return referred to in sub-section (1) shall be furnished

before the seventh day of each month together with such other in-

formation as may be prescribed.

(3) Every such return shall be made in such form and shall be

verified in such manner as may be prescribed.

Delivery

of month-

ly re-

turns.

9. (1) On receiving any return made under section 8, the Collec-

tor shall assess the duty of excise payable on every produce specified

in the Second Schedule, in respect of the period to which the return

reiaies, and if the amount has not already been paid, shall cause a

notice to be served upon the occupier of the mill requiring him to

make payment of the amount assessed within ten days of the service

of the notice.

(2) If the occupier of any mill fails to furnish in due time the

return referred to in section 8 or furnishes a return which the

Collector has reason to believe is incorrect or defective, the Collector

shall assess the amount payable by him in such manner, if any, as

may be prescribed, and the provisions of sub-section (1) shall there-

upon apply as if such assessment had been made on the basis of a

return furnished by the occupier:

Provided that, in the case of a return which he has reason to

believe is incorrect or defective, the Collector shall not assess the

duty of excise at an amount higher than that at which it is assessable

on the basis of the return without giving to the occupier a reasonable

Collection

of cess

leviable

on pro-

duce

specified

Second

Schedule.

182

'fHE GAZETTE OF iNtttA EXTRAORDINARY

[PART II

Finality

assesi-

m«nt.

opportunity of proving the correctness and completeness of the

return.

(3) A notice under sub-section (1) may be served on the occupier

of a mill either by registered post or by delivering or tendering it

to the occupier or his agent at the mill.

10. (1) Any occupier of a mill who is aggrieved by an assessment

made under section 9 may, within three months of service of the

notice referred to in sub-section (2) of that section, appeal to such

authority as the Central Government may, by notification in the

Official Gazette, appoint in this behalf, for the cancellation or modifi-

cation of the assessment and, on such appeal, the said authority

may cancel or modify the assessment and order the refund to such

occupier of the whole or part, as the case may be, of the amount

paid thereunder :

Provided that the authority so appointed shall not be inferior in

rank to the Collector by whom the assessment was made.

(2) The appellate authority may, if it is satisfied that the appellant

was prevented by sufficient cause from presenting the appeal within

the aforesaid period of three months, allow it to be presented within

a further pariod of one month.

(3) Where the appellate authority is of opinion that any duty of

excise has been short-levied, no order enhancing the duty of excise

shall be made unless the appellant has been given notice to show

cause, within one month from the data of eervice thereof, against the

proposed order.

(4) The Central Government may, on the application of any

person aggrieved by any order made under sub-section (1) or sub-

section (3), cancel or modify such order, if such application is made

within six months from the date of the order made under sub-section

(1) or sub-section (3), as the case may be.

(5) The Central Government may, if it is satisfied that the appli-

cant was prevented by sufficient cause from presenting the application

within the aforesaid period of six months, allow it to be presented

within a further period of one month.

(6) The decision of the Central Government, and subject to the

decision of the Central Government, the decision of the appellate

authority, shall be final.

Collection

of cess

on any

produce

specified

im First

Schedule.

11. (1) The Collector shall in respect of any produce specified

in the First Schedule which is exported by sea assees and collect the

duty of customs at the customs port of export.

SEC. 2 ]

THE GA7ETTE OF INDIA EXTRAORDINAEY

183

54 of 190?!.

(2) Where any produce specified in the First Schedule is exported

by land, the duty of customs leviable under this Act on such produce

shall be assessed and collected by such authority and in such manner

as may be prescribed, and, until so prescribed, such duty of customs

shall be levied and collected in accordance with the law in force

immediately before the commencement of this Act.

(3) The Central Board of Excise and Customs constituted under

the Central Boards of Revenue Act, 1963, may, by rules, specify the

conditions and restrictions subject to which—

(a) refund may be made of the duty of customs levied on any

produce- specified in the First Schedule which is exported by

land, where such produce is subsequently imported into India,

(b) export may be made by land, without payment of any

duty of customs, of any produce specified in the First Schedule

which is intended to be brought back t» India.

12. Where any duty of customs or excise demanded from any

person or any penalty payable by any person under this Act is not

paid,—

(a) the Collector may deduct the amount so payable from

any money owing to such person which may be under the control

of the Collector or any other officer; or

(b) the Collector may recover the amount so payable by

detaining and selling any goods belonging to such person which

are under the control of the Collector or any other officer ; or

in the manner provided in clause (a) or clause (b), the Collector

may prepare a certificate signed by him specifying the amount

due from such person and send it to the Collector of the district

in which such person owns any property or resides or carries on

his business and the said Collector shall, on receipt of such

certificate, proceed to recover from the said person the amount

specified therein as if it were an arrear of land revenue.

Re«overy

of sums

due to

Govern-

ment.

13. (1) The Collector or any officer empowered by general or

special order of the Central Government in' this behalf shall have free

access at all reasonable times during working hours to any mill or

any part of a mill.

(2) The Collector or any such officer may, at any time during

working hours, with or without notice to the occupier, examine the

purchase, sale and stock records and accounts of any mill and take

copies of or extracts from all or any of the said records or accounts

for the purpose of testing the accuracy of any return or of informing

himself as to the particulars regarding which information is required

for the purposes of this Act or any rules made thereunder:

Power to

inspect

mills

and take

copies of

account.

184

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

Provided that nothing in this section shall be deemed to authorize

the examination of any description or formulae of any trade process.

Infor-

mation ac-

quired to

be con-

fidential.

14. (1) All such copies and extracts and all information acquired

by a Collector or any other officer from any inspection of any mill

or from any return submitted under this Act shall be treated as

confidential.

(2) If tha Collector or any such officer discloses to any person,

other than a superior officer, any such information as aforesaid, with-

out the previous sanction of the Central Government, he shall be

punishable with imprisonment for a term which may extend >o six

months and shall also be liable to fine :

Provided that nothing in this section shall apply to the disclosure

of any such information for the purpose of a prosecution in respect

of the making of a false return under this Act.

Provision!

of cer-

tain Acts

to apply.

15. (1) The provisions of the Customs Act, 1962, and the rules

and regulations made thereunder, including those relating to refunds

and exemptions from duty, shall, so far as may be, apply in relation

to the levy and collection of duties of customs on any produce

specified in the First Schedule as they apply in relation to the levy

and collection of duty payable to the Central Government under that

Act.

52 ol 1962.

(2) The provisions of the Central Excises and Salt Act, 1944, and

the rules made thereunder, including those relating to refunds and

exemptions from duty, shall, so far as may be, apply in relation to

the levy and collection of duties of excise on any produce specified

in the Second Schedule as they apply in relation to the levy and

collection of duty payable to the Central Government under that Act.

1 of 1944.

Offencei

16. (I) Whoever—

(a) evades the payment of any duty of customs or excise

payable under this Act, or

(b) fails to furnish any return or information which it is

his duty to furnish under this Act or furnishes a return or infor-

mation which is false in material particulars or which he does

not believe to be true, or

formance of his duties under this Act or any rules made there-

under,

shall be punishable with imprisonment for a term which may extend

to six months, or with fine which may extend to two thousand rupees,

or with both.

5EC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

185

(2) Any court trying an offence under this Act may direct that

any produce in respect of which it is satisfied that an offence punish-

able under this Act has been committed shall be forfeited to Govern-

ment and may also direct that all packages, coverings or receptacles

in which such produce is contained and every animal, vehicle, vessel

or other conveyance used in carrying such produce shall be forfeited

1o Government.

17. No prosecution for any offence punishable under this Act shall

be instituted against any person except by, or with the consent of,

the Collector.

Limitation

of pro-

secution.

18. Any offence punishable under this Act may, either before or

after the institution of the prosecution, be compounded by the

Collector or any other officer authorised by him in this behalf on

payment to the Central Government, for the purposes of this Act,

of such sum as the Collector or such officer, as the case may be,

thinks fit.

Composi-

tion 0*

offences.

19. (1) No suit, prosecution or other legal proceeding shall lie

against the Central Government or any person authorized by the

Central Government for anything which is in good faith done or

intended to be done in pursuance of this Act or any rule or order

made thereunder.

(2) No suit or other legal proceeding shall lie against the Central

Government or any person authorized by the Central Government

for any damage caused or likely to be caused by anything which is

in good faith done or intended to be done in pursuance of any of the

provisions of this Act or any rule or order made thereunder.

Protection

of action

taken in

good faith.

20. (2) The Central Government may, by notification In the

Official Gazette, make rules to cany out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the follow-

ing matters, namely: —

(a) conditions subject to which refund may be made of any

sums collected as duties of excise on any quantity of oil exported

from India ;

(b) the form of the monthly return which every occupier

of a mill should submit to the Collector and the manner in which

ouch return shall be verified;

furnish in the monthly returns ;

Power to

make

rules.

186

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II

(d) manner in which assessment of duties of excise shall be

made where no return has been furnished or the return which

has been furnished is believed by the Collector to be incorrect or

defective;

(e) the authority by which and the manner in which the

duties of customs leviable under this Act shall be collected on

any produce specified in the First Schedule which is exported

by land; and

(f) any other matter which is required to be, or may be,

prescribed.

Power tc

remove

difficulties

21. If any difficulty arises in giving effect to the provisions of

this Act, the Central Government may, by order, make such directions,

not inconsistent with the provisions of this Act, as appear to it to

be necessary or expedient for the removal of the difficulty:

Provided that no such directions shall be made after the expiry

of a period of three years from the date of commencement of this

Act.

Extension

of appli-

cation of

the Act.

22. The Central Government may, after consultation with the

Indian Council of Agricultural Research, by notification in the Official

Gazette, declare that the provisions of this Act shall apply to a

produce not included in the First Schedule or the Second Schedule

and specify respectively in columns 3 and 4 thereof the maximum

rate of such cess and the actual rate at which such cess shall be

levied and collected on such produce until a different rate is specified

by the Central Government by notification in the Official Gazette,

and on the publication of such notification, such produce and such

rate shall be deemed to be included In the First Schedule or the

Second Schedule, as the case may be.

Rules and

notifica-

tions to

be laid

before

Parlia-

ment.

23. Every rule made under this Act and every notification made

under section 22 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 successive sessions aforesaid, both Houses agree

in making any modification in the rule or in the notification or

both Houses agree that the rule or the notification should not be

made, the rule or the notification 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 the rule

or the notification.

SEC. 2 ]

THE GAZK'ITE OF INDIA EXTRAORDINARY

187

THE FIRST SCHEDULE

[Sec section 3(1)]

No.

Name of the

produce.

Lac produced in

India.

Refuse lac produced

in India.

The

maximum

rate

which

duty of customs

may be collected.

Rupees two

and

thirty paise per

quintal.

Rupee

one

and

seventy

paise

per quintal.

Actual

rate

which

duty

customs

collected Un-

til

different

rate

specified

the

Central

Government.

Rupees

two

and

thirty

paise

per

quintal.

Rupee

one

and

seventy paise per

quintal.

THE SECOND SCHEDULE

{See section 3(2)]

No.

Name of the

produce.

Cotton consumed in

any mill in India

with a view to

producing

manufacturing any

goods therefrom.

Copra consumed in

any mill in India

with a view

producing or ma-

nufacturing

any

goods therefrom.

Oils extracted from

oil-seed crushed in

any mill in India.

The

maximum

rate

which

duty

of excise

may be collected.

One rupee per bale

of 181-4

kilo-

grams, or in the

case of unbaled

cotton,

twenty-

eight paise

per

50 kilograms.

Seventy-five paise

per quintal

copra.

One rupee

per

quintal of oil.

Actual rate at which

duty of excise is to

collected

until a

different

rate

specified

the

Central

Government.

Seventy-five

paise

per bale of 181-4

kilograms, or

the case of unbaled

cotton, twenty-one

paise per 50 kilo-

grams.

Sixty

paise

per

quintal of copra.

Sixty

paise

per

quintal of oil.

SEC. 21

THF GAZETTE OF INDIA EXTRAORDINARY

189

STATEMENT OF OBJECTS AND REASONS

The Indian Cotton Cess Act, 1923, the Indian Lac Cess Act, 1930,

the Indian Coconut Committee Act, 1944, and the Indian Oilseeds

Committee Act, 1946, will cease to have effect from 1st April, 1966

on which date the Indian Central Cotton Committee, the Indian Lac

Cess Committee; the Indian Central Coconut Committee, and the

Indian Central Oilseeds Committee, constituted under those Acts will

stand dissolved, and there will be no legislative sanction for the

continuance of the levy of cess on these produce after 31st March,

1966.

2. Although the Committees have been abolished, the work done

by the Committees will continue to be carried out even after 31st

March, 1966. The Research Institutes and Stations and other research

projects of these Committees will come under the administrative

control of the Indian Council of Agricultural Research and the work

relating to development, marketing and other functions will be

directly looked after by the Ministry of Food and Agriculture, Depart-

ment of Agriculture, assisted by Development Councils formed for

this purpose by the Government. Suitable grants will be given to

the Indian Council of Agricultural Research for the maintenance of

the Research Institutes and for carrying on the research activities.

Under the revised set-up, larger investments will be necessary on

these produce in order to have an effective programme of research

and development. It is therefore very necessary that the cesses on

these produce are continued to be levied even after the Commodity

Committees have been abolished.

3. The Bill accordingly seeks to continue the levy of cess on these

produce.

4. Opportunity has also been taken to simplify the nature of cess

levied on the produce and to re-asseafl the rate of cess to be levied,

in conformity with the present prices of the produce.

C. SUBRAMANIAM.

NEW DELHI;

The 24th March, 1966.

SKC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

191

FINANCIAL MEMORANDUM

The Bill provides for the levy and collection of cess in the nature

of a duty of customs in respect of items in the First Schedule, and

a duty of excise in respect of items in the Second Schedule. The

collections made through the existing revenue collection organisation

are to be credited to the Consolidated Fund of India. Grants-In-aid

will be given to the Indian Council of Agricultural Research for

conduct of research and the Department of Agriculture will finance

specific development projects relating to these produce. The or-

ganisation to execute the development schemes in the Department

of Agriculture would be the Regional Development Offices which

are in the process of formation and for which an ad hoc provision

of Rs. 10 lakhs has been made in the budget for 1966-67.

The revenue from the proposed cesses, on the basis of the present

level of production and export of the commodities concerned, is

estimated to be of the order of about Rs. 134-50 lakhs per annum.

The expenditure on the various measures enumerated in clause 5

is estimated to be about Rs. 297 lakhs in 1966-67.

194

T H E GAZETTE OF INBIA EXTRAORDINARY

[PART II

Persons

to whom

Act

applies.

2. This Act shall apply to all male citizens of the country, irres-

pective of their caste, creed, faith, employment or profession, within

the age limits of twenty years and thirty years, and who are found to

be physically and medically in good health:

Provided that persons already enrolled in, or who have passed,

the various courses prescribed under the National Cadet Corps or

Territorial Army or Home Guards Scheme, shall be exempted from

the operation of the provisions of this Act.

Compul-

sory Rifle

training

Scheme.

3. (1) The Central Government shall, by notification in the

Official Gazette, frame a scheme to be called the National Rifle Train-

ing Scheme for imparting compulsory training in rifle shooting to

all those persons to whom this Act applies; and the Scheme shall

be administered and implemented by that Government through such

officers and authorities as it may deem fit and specify therein.

(2) The Scheme may provide for—

(a) creation of a separate Directorate-General at the Centre

under the over-all supervision of the Ministry of Defence to orga-

nise and administer the provisions of the Scheme;

(b) creation of the posts of Directors and other subordinate

authorities at State and District levels for the implementation of

the Scheme;

trict and sub-division levels for imparting training in rifle shook

(d) the manner in which and the places at which the State,

District and sub-division headquarters and camps and store

houses under the Scheme shall be established and maintained;

(e) the manner of procurement and supply of the necessary

rifles of the prescribed standard and ammunition for the Scheme;

(f) fixation of the standard of rifles to be used for training

purposes^

(g) the manner in which and the places at which the train-

ing in rifle shooting shall be imparted;

(h) the number of hours in a week for which a trainee

shall undergo training;

(i) the determination of the period of training

and the

manner in which the courses shall be regulated;

Sic. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

195

(j) the manner in which the physical fitness of the trainees

shall be determined, and

(7c) the award of suitable certificates

to trainees

after

successful completion of the training courses and tests.

4. (1) The Central Government may, for the purpose of advising

it in all matters of policy connected with the framing and adminis-

tering the Scheme, appoint a Central Advisory Committee consist-

ing of the following persons, namely: —

(a) Minister of Defence, who shall be the Chairman of the

Committee;

(b) Secretary to the Ministry of Defence, ex-officio member;

member;

(d) Chief of the Army Staff, ex-officio member;

(e) Director-General of Civil Defence, ex-officio member;

(f) Three members of Parliament to be nominated by the

Central Government.]

(2) The Central Government may also appoint for the

same

purpose as specified in sub-section (1) such State and District Advi-

sory Committees as it may consider desirable from time to time and

may prescribe their duties and functiona.

Advisory

Commit,

tees.

5. If any difficulty arises in giving effect to the provisions of this

Act or of any Scheme framed thereunder, the Central Government

may, by order, as occasion requires, do anything (not inconsistent

with this Act) that appears to it to be necessary for removing the

difficulty.

Power

to re-

move diffi-

culties.

6. If a person, to whom this Act applies, fails to comply with the

provisions of this Act or of the Scheme thereunder, shall be liable

to punishment with imprisonment which may

extend

to three

months, or with fine.

Penalty

for non-

compli-

ance.

7. The Scheme framed under this Act shall be laid, as soon as

may be after it is framed, before each House of Parliament while

it is in session for a total period of thirty days, which may be com-

prised in one session or in two or more successive sessions, and If,

before the expiry of that session in which it is so laid or the session

or sessions immediately following, both Houses agree in making

Scheme

to be

laid

before

Parlia-

ment

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINARY

197

STATEMENT OF OBJECTS AND REASONS

The armed aggression by the Chinese in 1962 on our motherland

has highlighted certain weaknesses in our defence

preparedness.

Since then vigorous efforts and ambitious projects in the field of

production of defence equipment, creation of new divisions of moun-

tain army and recruitment to our armed forces have done much

to improve our military strength. Besides our defence forces, our

second line of defence, i.e., the National Cadet Corps and Territorial

Army have also made tremendous strides. With a view to streng-

thening and invigorating our second line of defence, it is necessary

that every able-bodied male citizen of our country is taught the basic

fundamentals of handling a firearm. This measure would ensure a

regular and plentiful source of supply to our armed forces and the

territorial armies. It is with this object in view that this Bill seeks

to provide for compulsory training in rifle shooting to all those able-

bodied citizens within the age limits of twenty and thirty years.

Hence this Bill.

S. C. SAMANTA,

NEW DELHI;

The 22nd February, 1966.

SEC. 2 ]

THE GAZETTE OF INDIA EXTRAORDINAHY

201

STATEMENT OF OBJECTS AND REASONS

Under article 239A of the Constitution, Parliament has been

empowered to create by law, Legislatures and Council of Ministers

for the Union territories of Himachal Pradesh, Manipur, Tripura,

Goa, Daman and DIu, and Pondicherry but no such provision is made

for the Union territory of Delhi.

This Bill seeks to provide that like the people in tho other Union

territories, the people of Delhi also have the opportunity to enjoy

similar democratic rights and solve their problems themselves.

NAVAL PRABHAKAH.

Niw

DELHI;

The 2nd March, 1966.

S. L. SHAKDHER,

Secretary.

PRINTED IN 9JOTA BY THE .OTHXRAL MANAOBR, OOVXBNMBNT OF INDIA PRESS,

MDJTO ROAD, NIW DELHI AND PUBLISHED BT THE MANAGER OV FOBIICATIONI,

BELHI, I960.