REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section
PUBLISHED BY AUTHORITY
No. 18] NEW DELHI, THURSDAY, APRIL 7, 1966/CHAITRA 17, 1888
Separate paging is given to this Part in order that it may be filed
as a separate compilation
RAJYA SABHA
The following Bills were introduced in the Rajya Sabha on the
7th April, 1966: —
I
BILL NO. VI OF 1966
A Bill to amend the University Grants Commission Act, 1956.
BE it enacted by Parliament in the Seventeenth Year
of the
Republic of India as follows: —
1. (2) This Act may be called the University Grants Commission
(Amendment) Act, 1966.
(2) It shall come into force on such date as the Central Govern-
ment may, by notification in the Official Gazette, appoint
Short
title and
com-
mence-
ment.
3 of 1956
2. In section 5 of the University Grants Commission Act, 1956
(hereinafter referred to as the principal Act),—
Amend-
ment of
soction 5.
(a) in sub-section (l)t for the words "nine members", the
words "a Chairman, Vice-Chairman and ten other members"
shall be substituted;
(235)
2^6
THE GAZETTE OF INDIA EXTRAORDINARY
[PART V
(b) in sub-aection (2),—
(i) clause (a) shall be omitted;
(ii) in the proviso to clause (c), for the words "Pro-
vided that", the following shall be substituted, namely: —
"Provided that no head of an institution which is
eligible under this Act to receive grants from the Com-
mission or no Vice-Chancellor of a University shall be
chosen to be a member of the Commission:
Provided further that";
(c) sub-aection (3) shall be omitted.
Amend-
ment of
section 8.
1 In section 6 of the principal Act,—
(a) in the proviso to sub-section (1),—
(i) for the words "Chairman and the members", the
words "Chairman, Vice-Chairman and the members" shall
be substituted;
(ii) fee the words "for the first time under this section",
the words "for the first time after the commencement of
the University Grants Commission (Amendment) Act, 1966"
shall be substituted;
(b) for sub-section (4), the following sub-section shall be
substituted, namely: —
"(4) The offices of the Chairman and VieerChairman shall be
whole-time and salaried offices and subject thereto, the terms and
conditions of service of the Chairman, the Vice-Chairman and the
other members shall be such as may be prescribed,".
Amend-
ment of
notion 12.
4. In section 12 of the principal Act,—
(i) in clause (c), for the words "necessary for the develop-
ment of such Universities", the words "necessary or appropriate
for the development of such Universities or for the maintenance
or development or both of any specified activities of such Uni-
versities" shall be substituted;
SBC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
237
(n) after the proviso to clause (c), the following further
proviso shall be added, namely: —
"Provided further that the Commission shall not giva
any grant to any University which Is established after the
commencement of the University Grants
Commisgion
(Amendment) Act, 1&66, without
the previous
approval
of the Commission and of the Central Government.".
5. After section 26 of the principal Act, the following section shall
be inserted, namely: —
Insertion
of n«w
section
27.
"27. (I) The Commission may, by regulations made under
this Act, delegate to its Chairman, Vice-Chairman or
other
officers, its powers of general superintendence and
direction
over the business transacted by or in the Commission, Including
the powers with regard to the expenditure incurred in connection
with the maintenance of the office and internal administration
of the Commission.
(2) No regulation shall be made under this section except
with the previous approval of the Central Government.".
Power U.
delcftt*
6. Every member of the Commission holding office as such im-
mediately before the commencement of this Act, shall continue to
hold such office after such commencement until the reconstitution
of the Commission in accordance with the provisions of the principal
Act as amended by this Act:
Provided that the person holding, immediately before the com-
mencement of this Act, the office of the Chairman, shall continue to
hold that office by the same tenure and upon the same terms and
conditions as he held it immediately before such commencement.
Tnn«t-
tioiul prc
virioiw.
238
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II
STATEMENT OF OBJECTS AND REASONS
The University Grants Commission Act, 1956 was passed by Par-
liament to make provision for the co-ordination and determination of
standards in Universities and for that purpose to establish a Uni-
versity Grants Commission. In the years following the passing of
that Act, the field of higher education in the country has been con-
siderably enlarged with the corresponding increase in the responsi-
bilities of the University Grants Commission. Experience of
the
working of the Act in these years has also revealed certain lacunae
and shortcomings therein and the need has been felt for widening
the scope of the organisation and functions of the Commission.
2. This feeling was reinforced by the recommendations made in
July, 1964 by the Committee of Members of Parliament set up under
the Chairmanship of Shri P. N. Sapru to examine the provisions of
the Constitution regarding the responsibility of the Central Gov-
ernment in the field of higher education with a view to finding the
extent to which the Centre could assume greater responsibility in
this field. The Committee, amongst other things made some recom-
mendations regarding reorganisation of the University Grants Com-
mission. The Commission was thereafter consulted about the ques-
tion of its reorganisation in general, and the recommendations of the
Sapru Committee in particular.
3. The present Bill seeks to amend the University Grants Com-
mission Act, 1956 on the basis of the past experience of the working
of the Act as well as the recommendations of the Sapru Committee
and of the Commission itself. The main features of the Bill are: —
(a) The number of members of the Commission will be in-
creased from 9 to 12 with two full-time members, namely the
Chairman and the Vice-Chairman.
(b) Serving Vice-Chancellors and Heads
of
institutions
which are entitled under the Act to receive grants from
the
Commission will be excluded from the membership of the Com-
mission.
(c) The Commission will be empowered to give assistance
to the non-Central Universities for the maintenance of
their
Bp«dal activities like the Advanced Centres.
SEC. 2 ]
THE GA7ETTE OF INDIA EXTRAORDINABY
239
(d) The Commission will be empowered to withhold grants
to any University established without the prior consent of the
Commission and the Central Government.
(e) The Central Government will be empowered to make
rules regarding delegation by the Commission to its Chairman
and other officers, of its power of general superintendence and
direction over the business transacted by or in the Commission
including the powers with regard to the office expenditure, and
other matters relating to the internal administration, of the Com-
mission.
M. C. CHAGLA.
NEW DELHI;
The 1st April, 1966.
240
THE GAZETTE OF INDIA EXTRAORDINARY
[PAET II
FINANCIAL MEMORANDUM
Clauie 2 of the Bill contemplates an Increase in the number of
memberi of the University Grants Commission from nine to twelve
including one whole-time member, namely, the Vice-Chairman.
Clause 4 of the Bill empowers the Commission to give continued
a«iiitance to the Universities in such measures and for as long as is
coniidered necessary for maintenance of special activities of the
Universities like the Advanced Centres. At present the Commission
ii compettnt to give only developmental grants to State Universities.
2. Extra expenditure on salary, all° w a n c e 3 etc- of the additional
full time member, viz-, the Vice-Chairman, will be of the order of
about Rs. 36,000 per annum. Some extra expenditure would also be
involved on the travelling and dally allowance of the other two
additional members of the Commission who would be required to
attend meetings of the Commission.
The extra expenditure, which is likely to be involved on account
of assistance which the Commission may render for maintenance of
special activities of the Universities, cannot be estimated at this
stage.
(dec. 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
241
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 5 of the Bill empowers the University Grants Commission
to make regulations with the previous approval
of the
Central
Government regarding the delegation by it to its Chairman, Vic«-
Chairman or other officers, of its powers of superintendence
and
direction over the business
transacted by or in the
Comminion,
Including the powers with regard to the expenditurt incurred in
connection with the maintenance of the office and internal adminis-
tration of the Commission.
2. This provision is proposed to be inserted with a view to enabling
tiie Commission to delegate to its Chairman and oth«r offlcen iuch
of the above-mentioned powers as it may consider nece*»ry.
Ex-
perience has shown that the activities of the CommiMion have be*n
hampered by the fact that all the powers are at preser* concentra-
ted In the Commission, as a whole, which meets periodically.
3. These matters pertain to procedure, form or detail and as «uch
the delegation of legislative power is of a normal character.
242
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II
II
BILL NO. V OF
1966
A Bill further to amend the Telegraph Wires (Unlawful Possession)
Act, 1950
B« it enacted by Parliament in the Seventeenth Year of the
Rapublic of India as follows: —
Short
title.
1. This Act may be called the Telegraph Wires (Unlawful Posses-
sion) Amendment Act, 1966.
Amend-
ment of
section 2.
2. In section 2, of the Telegraph Wires (Unlawful Possession) Act,
1950 (hereinafter referred to as the principal Act), for clause (b),
the following clause shall be sut>stituted, namely: —
T4 *f
MM.
'(b) "telegraph wire" means any copper wire the gauge of
which, as measured in terms of diameter in millimetres, is bet-
ween 2-43 and 2-53, or between 2-77 and 2-87, or between 3-42
and 3:52.'.
SEC. 2 ]
TFE GAZETTE OF INDIA EXTRAOBDINABY
245
Amend,
ment of
section 9.
3. In section 5 of the principal Act, for clause (a), the following
clause shall be substituted, namely: —
" (a) for the first offence, with imprisonment
for a term
which may extend to five years, or with fine, or with both and
in the absence of special and adequate reasons to be mentioned
in the judgment of the court, such imprisonment shall not be
less than one year and such fine shall not be less than one
thousand rupees;".
Amend,
ment of
s«ctiQn 7.
4. In section 7 of the principal Act, in sub-section
(1), for the
words "by an officer specially empowered in this behalf by that
Government", the words "by an officer authorised in this behalf bj
the Central Government by general or special order" shall be
substituted.
244
T H E GAZETTE QF INDIA EXTRAORDINARY
[PART II—'SEC. 21
STATEMENT OF OBJECTS AND REASONS
The Telegraph Wires (Unlawful Possession) Act, 1950, was enact-
ed mainly with the object of simplifying the procedure for prosecu-
tion and conviction of persons accused of thefts of telegraph copper
wires. In the light of the working of the Act, section 5 thereof was
amended in 1962 to provide for a minimum punishment for the second
and subsequent offences under the Act by the same set of persons.
This amendment has not, however, achieved the desired deterrent
effect. It is, therefore, proposed to prescribe minimum punishment
even for the first offence under the Act, so as to curb more effectively
the continuing thefts of telegraph copper wire in the country.
2. Under section 7 of the Act, only officers who are specially em-
powered in this behalf are competent to lodge complaints under the
Act in a court. Such a procedure has proved cumbersome and en-
tails constant revision of the list of such officers. It Is, therefore,
proposed to simplify the procedure by providing for issuing
also
general orders in this behalf.
3. The opportunity is taken to amend the definition of the ex-
pression "telegraph wire", so as to specify therein the metric system
of units and to bring it in line with the new Indian Standard Speci-
fication, for telegraph copper wire.
4. The Bill is intended to give effect to the above objects.
SATYA NARAYAN SINHA.
B. N. BANERJEE,
Secretary.
NEW DELHI;
The 10th March, 1966.
PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA
PRESS,
MtNTO ROAD, NEW DELHI AN» PUBLISHED BY THE MANAGER OF PUBLICATIONS
DELHI, 1966.