REGISTERED No. D. 221 रजिस्ट्री सं ० डी 221
भारत के राजपत्र The Gazette of India
असावारण
EXTRAORDINARY
भाग II- वन्य -2
PART II - Section 2
प्राविकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 50]
नई दिल्ली , शुक्रवार, दिसम्बर 1, 1967/ प्रप्रह। यण 10, 1889
NEW DELHI , FRIDAY , DECEMBER 1 , 1967 / AGRAHAYANA 10 , 1889 No. 50 ]
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 filed as a separate compilation.
RAJYA SABHA
The following Bills were introduced in the Rajya Sabha on the 1st December , 1967 : -
I
BILt . No. XVII OF 1967
A Bill further to amend the Constitution of India .
BE it enacted by Parliament in the Eighteenth Year of the Republic of India as follows : -
titl .
1. This Act may be called the Constitution ( Amendment ) Act , Short 1967 .
2. In the preamble of the Constitution , after the word " sovereign " the word " sular " shall be inserted .
Amend- ment of the pre- amble .
(1169) [ PART II THE GAZETTE OF INDIA EXTRAORDINARY
1170
STATEMENT OF OBJECTS AND REASONS
The people of India have accepted the secular way of life and secularism has become an integral part of Indian democracy . It is , therefore , desirable and necessary that this concept be enshrined in the Constitution
Hence this Bill ,
S. K. VAISHAMPAYEN .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 21
1171
II
BILI , NO . XVI OF 1967
A Bill further to amend the Hindu Marriage Act , 1955.
Be it enacted by Parliament in the Eighteenth Year of the Republic of India as follows : --
title.
1. This Act roay be called the Hindu Marriage (Amendment ) Short Act , 1967 .
2. In section 5 of the Hindu Marriage Act , 1955 , in clause ( iii ) And- for the words " eighteen years " and " fifteen years " , the words ment of " twenty - five years " and " twenty years " , respectively , shall be sub- stituted . seci on 5 .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 1172
STATEMENT OF OBJECTS AND REASONS
India is faced today with the scrious question of population ex- plosion. All efforts must be made to check this growth .
If the marriageable age of boys and girls is raised , the rate of growth of population can be checked considerably . An amendment to the Hindu Marriage Act , 1955 has become urgently necessary to achieve this desirable object .
Hence this Bill .
S. K. VAISHAMPAYEN .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 21
1173
III
BILL NO . XVIII OF 1967
A Bill further to amend the Antiquities ( Export Control ) Act , 1947 .
Br it enacted by Parliament in the Eighteenth Year of the Republic of India as follows : --
1. This Act may be called the Antiquities ( Export Control ) Short title . Amendment Act , 1967 .
31 of 1947 . 2. In section 2 of the Antiquities ( Export Control ) Act , 1947 Amend- (hereinafter referred to as the principal Act ) , for clause ( a) , the ment following clause shall be substituted , namely : - suction 2 .
" ( a ) ' antiqunty ' includes-
(1) any con , sculpture , manuscript , epigraph , or other works of art or craftsmanship , THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 1174
( ii ) any article , object or thing detached from a build- ing or cave,
(iii ) any article , object or thing illustrative of science , art , crafts , literature , religion , customs , morals or politics in bygone ages ,
( iv ) any document , manuscript or record , whether it is or it is not of a public nature , but is of historical value and importance ,
(v) any article , object or thing declared by the Central Government by notification in the Official Gazette to be an antiquity for the purposes of this Act ,---
which has been in existence for not less than one hundred years , provided that in the case of a document , manuscript or record referred to in sub - item ( iv ) above , it should have been in existence for not less than seventy - five years or is of national importance even though of more recent date; " .
3. For section 6 of the principal Act , the following section shall be substituted , namely: -
Substi- tution of new section for section 6 .
" 6. If any question arises whether any article , object , thing or document is or is not an antiquity for the purposes of this Act , it shall be referred either to the Director General of Archaeology in India or the Director of National Archives of India , as the case may be , and his decision thercon shall be final ."
Power to deter- mine whether or not an article is an anti- quity.
4 Intion 7 of the principal Act-
Amend- men of section 7 .
( for sub - section ( 2 ) , the following sub - section shall be substituted , namely : -
" ( 2) In particular and without prejudice to the gene- rality of the foregoing power , such rules may-
(a) prescribe the procedure for granting licence for the export of antiquities , and in the case of docu- ments , manuscripts or records referred to in sub - clause ( iv ) of clause ( a ) of section 2 , such rules may further prescribe that except where there is specific permission to the contrary , the originals of the same shall not SEC. 2 ]
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be exported without copies being made thereof and de- posited in an appropriate place as may be prescrib- ed; and
for." ; (b ) fix the fees payable on applications there-
( ii ) after sub - section ( 2 ) , the following sub - section shall be inserted , namely: ---
" ( 3 ) Every rule made under this Act shall be laid , as soon as may be after it is made , before each House of Par- liament while it is in session for a total period of thirty days which may be comprised in one session or in two suc- cessive sessions , and , if before the expiry of the session in which it is so laid or in 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 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 . " THE GAZETTE OF INDIA EXTRAORDINARY
[PARI II 1176
STATEMENT OF OBJECTS AND REASONS
The provisions in the Antiquities (Export Control) Act , 1947 , have been found to be most inadequate to prevent the export of historical documents and records from this country. The term " antiquity " as now defined by the Act does not specifically cover historical documents , manuscripts and records . This Bill seeks to enlarge the said definition so as to specifically include in it histori- cal documents and records which have been in existence for not less than seventy five years , on are of national importance even though of more recent origm . In respect of documents , manuscripts or records , permitted to be exported under licence , provision is also sought to be made in the Bill for copies thereof being made and deposited in an appropriate place before such permission is granted . The Bill also provides for reference being made to the Director of National Archives of India as the requisite competent authority to determine whether any document , manuscript or record should or should not be treated as antiquity for the purposes of this Act .
GULABRAO RAGHUNATHRAO PATIL , THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
1177
EXPLANATORY MEMORANDUM REGARDING DELEGATED
LEGISLATION
When under any circumstances permission for the export of any historical document , manuscript or record has to be given , it is deemed essential that at least copies of the same should be avail- able in the country even after the export of the original , and as such requisite direction is being given in clause 4 ( i ) of this Bill to pro- vide in the rules for the compulsory making and depositing of such coples in the prescribed appropriate place save when specific per- mission to the contrary has been granted.
The question of the requisite control of the export of the valu- able objects of antiquarian or historical interest from this country is of vital importance and provision is therefore made in clause 4 ( i ) that the rules made under this Act be laid before both Houses of Parliament so that these will be subject to proper scrutiny of Per- liament itself. The delegation of legislative power is thus of a normal type .
B. N. BANERJEE ,
Secretary.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, 1987.