REGISTERED No. D 221 रजिस्ट्री सं ० डी० 221
भारत की राजपत्र
The Gazette of Judia
असाधारण
EXTRAORDINARY
भाग 11 लण्ड 2
PART II - Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 38 ] नई दिल्ली, शुक्रवार , अगस्त 12 , 1966/ श्रावण 21 , 1888 ( शक) No. 38 ] NEW DELHI , FRIDAY , AUGUST 12 , 1966/ SRAVANA 21 , 1888 ( Saka)
इस भाग में भिन्न पृष्ठ संख्या वी 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 6led as a separate compilation .
LOK SAВНА
The following Bills were introduced in Lok Sabha on the 12th August , 1966 : -
BILL NO . 54 OF 1966
A Bill further to amend the Customs Act , 1962 .
BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows: ----
1. This Act may be called the Customs (Amendment ) Act , 1966. Short title.
52 of 1962 .
2. In section 14 of the Customs Act , 1962 ( hereinafter referred to Amend- 5 as the principal Act ) , in sub - section ( 1) , to clause (a) , the follow. ing proviso shall be added , namely: -
ment of section 14.
"Provided that in the case of imported goods , such price shall be calculated with reference to the rate of exchange as in force on the relevant date referred to in sub - section ( 1 ) of section 15; " .
10
(71) THE GAZETTE OF INDIA EXTRAORDINARY [PART I1 472
3. In section 15 of the principal Act,-
Amend- ment of section 15
( a) in sub - section ( 1 ) , for the words " The rate of duty" , the words " The rate of duty , rate of exchange " shall be substi- tuted;
(b ) after sub -section ( 2 ) , the following sub - section shall 5 be inserted , namely: --
' ( 3 ) For the purposes of section 14 and this section-
(a) " rate of exchange" means the rate of exchange determined by the Central Government for the con- version of Indian currency into foreign currency or 10 foreign currency into Indian currency ;
7 of 1947 .
(b) " foreign currency " and " Indian currency " have the meanings respectively assigned to them in the Foreign Exchange Regulation Act , 1947. ' .
4. ( 1 ) The Customs ( Amendment ) Ordinance , 1966 , is hereby 15 repealed. 8 of 1966 .
Repeal and saving .
(2 ) Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act as if this Act had come into force on 20 the 6th day of June , 1966 .
SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
473
STATEMENT OF OBJECTS AND REASONS
Consequent on devaluation , Government considered it necessary to amend the Customs Act , 1962 , so as to provide explicitly in sec- tion 14 of the Act , which relates to valuation of goods for purposes of assessment , that the price of imported goods should be deter- mined with reference to the rates of exchange as in force on the relevant date referred to in section 15 of the Act . Such amend- ment would ensure the determination of the value and the rate of duty for Customs purposes , in respect of all goods imported before the date of devaluation but removed from Customs Bonded Ware- houses on or after that date , at the new rates of exchange . It would place the importers who had warehoused their imported goods be- fore the date of devaluation in the same position with regard to Customs duty vis - a - vis other importers of similar goods who cleared them directly for home consumption after that date . The President accordingly promulgated the Customs (Amendment ) Ordinance , 1966, on the 7th July , 1966 , to amend sections 14 and 15 of the Act for the above purpose . This Bill is intended to replace the Ordinance ,
SACHINDRA CHAUDHURI .
NEW DELHI ;
The 6th August , 1966 .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA .
[Copy of letter No. 2 /6/66-Cus.VI , dated the 6th August , 1966 from Shri Sachindra Chaudhuri , Minister of Finance to the Secre- tary , Lok Sabha . ] .
The President having been informed of the subject matter of the proposed Bill recommends under article 117 ( 1 ) of the Constitution of India the introduction of the Bill .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 474
BILL NO . 46 OF 1966
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows :-
Short title .
1. This Act may be called the Constitution ( Amendment ) Act , 1966.
5 2. Article 35A of the Constitution shall be omitted.
Omission of article 35A, SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
475
STATEMENT OF OBJECTS AND REASONS
Kashmir being an integral part of India, there should not be any discrimination between citizens of India so far as the fundamental rights to purchase , enjoy and dispose of property , settlement in the State , employment , etc. , are concerned . Unreasonable restriction on these rights is a clear violation of articles 13 and 19 ; article 35A which gives extraordinary power to the Government of Jammu and Kashmir and thereby restricts the scope of article 13 nullifies the whole significance of guarantee of fundamental rights so far as Kashmir is concerned .
Hence the necessity to delete article 35A.
DIWAN CHAND SHARMA .
NEW DELHI;
The 4th June , 1966 .
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 , 1966 .