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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 54] NEW DELHI, MONDAY, November 7, 1966/ Kartika 16, 1888

Separate paging is given to this Part in order that it may be filed as a separate compilation.

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 7th November, 1966: —

BILL NO. XXII OF 1966

A Bill to provide for the restriction of certain rights conferred by

Part III of the Constitution in their application to the members

of the Forces charged with the maintenance of public order so

as to ensure the proper discharge of their duties and the main-

tenance of discipline among them.

BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows: —

1. (2) This Act may be called the Police-Forces (Restriction of Rights) Act, 1966.

(2) It extends to the whole of India.

Short

title,

extent

and com-

mence-

ment.

(1165)

(3) It shall come into force on such date as may be appointed in this behalf by notification in the Official Gazette,—

(a) in a Union territory, by the Central Government; and (b) in a State, by the Government of that State:

Provided that different dates may be appointed by the Central Government for different Union territories.

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

Defini- tions

(a) "member of a police-force" means any person appointed or enrolled under any enactment specified in the Schedule;

(b) "police-force" includes any force charged with the maintenance of public order;

(c) "prescribed" means prescribed by rules made under this Act.

3. (2) No member of a police-torce shall, without the express sanction of the Central Government or of the prescribed authority,—

(a) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions or political associations; or

Restric- tions res- pecting right to form aseo ciation, freedom of speech, etc

(b) be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of-the force of Which he. i&.a member or is not of a purely social, recreational or religious nature; or

(c) communicate with the press or publish or cause to be published any book, letter or other document except where buch communication or publication is in the bona /tde discharge of his duties or fa of a purely literary, artistic or scientific character or is of a prescribed nature.

Explanation,—If any question arises as to whether any so- ciety, institution, association or organisation is oi a purely social, recreational or religious nature under clause (b) of this sub- section, the ^decision of the Central Government thereon shall be final.

(2) No member of a police-force shall participate in, or address, any meeting or take part in afiy demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed

Penalty,

4 Any person who contravenes the provisions of section 3 shall without prejudice to any other action that may be taken against him.

be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

Power to amend Schedule.

5. (1) The Central Government may, by notiiication in the Official Gazette, amend the Schedule by including therein any other enactment relating to a force charged with the maintenance of public order or by omitting therefrom any enactment already specified, therein and on the publication of the notification such enactment shall be deemed to be specified in, or as the case may be, omitted from, the Schedule.

(2) A copy of every notification issued under sub-section (i) shall •be laid before each House of Parliament, as soon as may be, after it is issued.

6. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

Power to inak( rules.

(2) 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 follow- ing, both Houses agree in making any modification in the rule or both Houses agree that the' rule should not be niade\ 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 annul- ment shall be without prejudice to the validity of anything previous- ly done under that rule.

THE SCHEDULE

(See sections 2 and 5)

1. The Madras District Police Act. 1859 (24 of 1859).

2. The Andhra Pradesh (Andhra Area) District Police Act, 1859

(24 of 1859).

3. The Police Act, 1861 (5 of 1861).

7. The Police Act, 1888 (3 of 1888).

8. The Madras City Police Act, 1888 (Madras Act 3 of 1888). 9. The Bengal Military Police Act, 1892 (5 of 189-2).

10. The Andhra Pradesh (Telangana Area) District Police Act, 1329 Fasli (10 of 1329 F).

11. The Eastern Frontier Rifles (West Bengal Battalion) Act, 1920.

(Bengal Act 2 of 1920).

12. The Police Act, 1983 (1927 A.D.) (J & K Act 2 of 1983).

13. The Hyderabad City Police Act, 1348 Fasli (9 of 1348 F).

14. The Assam Rifles Act, 1941 (5 of 1941).

15. The Orissa Military Police Act, 1946 (Orissa Act 7 of 1946)

16. The Delhi Special Police Establishment Act, 1946 (25 of 1946) 17. The U.P. Pradeshik Armed Constabulary Act, 1948 (U.P Act 40 of 1948).

18. The Central Reserve Police Act, 1949 (66 of 1949).

19. The Rajasthan Armed Constabulary Act, 1950 (Rajasthan Act 12 of 1950).

20. The Bombay Police Act, 1951 (Bombay Act 22 of 1951).

21. The Bombay State Reserve Police Force Act, 1951 (Bombay Act 38 of 1951).

22. The Kerala Police Act, 1960 (Kerala Act 5 of 1961).

23. The Mysore Police Act, 1963 (Mysore Act 4 of 1964).

STATEMENT OF OBJECTS AND REASONS

Article 33 of the Constitution provides that Parliament may by law determine to what extent any of the rights conferred by Part III of the Constitution shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them. In the Army Act, 1950, the Air Force Act, 1950 and the Navy Act, 1967, provision has been made by virtue of the said article 33 for the res- triction or abrogation of the rights conferred by Part III of the Con- stitution in their application to the members of the Armed Forces. No such provision has so far been made by Parliament by law in re- gard to the Forces charged with the maintenance of public order. It is felt that in order to ensure the proper discharge of the'r duties and the maintenance of discipline among them, the members of the Forces charged with the maintenance of public order should not, without the express sanction of the Central Government, form any trade union, labour union or any political association or communicate with the press or publish or cause to be published anything except where such communication or publication is in the bona fide dis- charge of their duties or is of a purely literary, artistic or scientific character. It is also felt that no member of a police force should participate in, or address any meeting or take part in any demonstra- tion organised by any body of persons for any political purposes. This Bill is Intended to achieve the aforesaid objects.

NEW DELHI;

The 2nd November, 1966.

G. L. NANDA.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 5 of the Bill empowers the Central Government to add to the Schedule any other enactment relating to a force charged with the maintenance of public order or omit any enactment from the Schedule. It Is not possible to visualise at this stage what other enactments relating to forces charged with the maintenance of public order- may have to be included in the Schedule particularly as it may be found necessary in future to have further sutJh enactments. Having regard to this circumstance the powers delegated are of a norma.1 character.

Clause 6 of the BUI authorises the Central Government to make rules for carrying out the purposes of the Act. The matters In res- pect of which rules may be made are matters relating to procedure or' detail. Moreover, the rules will be subject to scrutiny of Parlia- ment. Thusi the delegation of this legislative power ia of a normal character.

B. N. BA^TERJEE,

Secretary-

PRINTED IN INDIA BY THE GENERAL MANAGER, QOVKRNMKNT OF INDIA. PRESS, MINTO HOAD, NEW DELHI AND PUBLISHED BY THK MANAOBR or F U B L I C A T I O NH

OTLHI, 1966.