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REGISTERED No.D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 55] NEW DELHI, FRIDAY, DECEMBER 15, 1967/AGRAHAYANA 24, 1889 (Saka)

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 15th December, 1967: —

BILL NO. XXIV OF 1967

A Bill further to amend the Companies Act, 1956.

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

1. This Act may be called the Companies (Amendment) Act, 1967.

Short title.

2. For section 293A of the Companies Act, 1956, the following 1 of 1956.

section shall be substituted, namely: —

Substitu- tion of new sec- tion for section 293A.

"293A. Notwithstanding anything contained in this Act no company shall make any contribution to any political party or for any political purpose to any individual or body.".

(1237)

STATEMENT OF OBJECTS AND REASONS

The provision in the Companies Act, 1956, for making contribu- tions to any political party or for any political purpose to any individual or body has been the subject matter of much criticism. Recent disclosures have shown the extent to which political life can be corrupted by big business Houses. In order to curb this tendency there should be a total ban on making such contributions by tha Companies.

Hence this Bill.

CHITTA BASU.

Bn,L No. XXI OF 1967

A Bill further to amend the Constitution of India.

BK it enacted by Parliament in the Eighteenth Year of the Re-

public of India as follows: —

1. This Act may be called the Constitution (Amendment) Act,

Short title 1967.

2. In article 345 of the Constitution,—

Amendment of article Us.

(a) the words "or Hindi" shall be omitted; and

(b) for the proviso, the following provisos shall be substi- tuted, namely: —

"Provided however that the Legislature of a State may by law also adopt Hindi as a language to be used for all or any of the official purposes of that State in addition to the language or languages to bo used for official purposes within the State:

Provided further that, until the Legislature of the State otherwise provides by law, the English language shall con- tinue to be used for those official purposes within the State for which it was being used immediately before the com- mencement of this Constitution."

3. In article 348 of the Constitution,—

Amendment of article 348.

(i) for clause (1), the following shall bef substituted, namely: —

"(1) Notwithstanding anything in the foregoing provi- sions of this Part, until Parliament by law provides—

(a) all proceedings in the Supreme Court and in every High Court shall be in the English language;

(b) the authoritative texts—

(i) of all Bills to be introduced or amendments thereto to be moved in either House of Parliament,

(il) of all Acts passed by Parliament and of all Ordinances promulgated by the President, and

(in) of all orders, rules, regulations and bye- laws issued under this Constitution or under any law made by Parliament,

shall be in the English and Hindi languages;

(c) the authoritative texts—

({) of all Bills to be introduced or amendments thereto to be moved in the House or either House of the Legislature of a State,

(ii) of all Acts passed by the Legislature of a State and of all Ordinances promulgated by the Governor of a State, and

(m) of all orders, rules, regulations and bye- laws issued under any law made by the Legislature of a State,

shall be in the English language; and

(ii) in clause (3), for the words "sub-clause (b) of clause (1)" the words "sub-clause (c) of clause (1)" shall be sub- stituted.

STATEMENT OF OBJECTS AND REASONS

The Bill seeks to amend article 348 of the Constitution for giving effect to the increasing demand for the progressive use of Hindi for official purposes of the Union, It also seeks to enable the Legisla- ture of a State to adopt Hindi as a language to be used for official purposes in addition to the language or languages to be used for official purposes within the State by amending article 345 of the Constitution.

TRILOKI SINGH.

Bill No. XIX of t">67

A Bill to provide for a uniform, definition of workman.

Bi it enacted by Parliament in the Eighteenth Year of the

Republic of India as follows: —

1. (1) This act may be called the Workman (Definition) Act,

1967.

(2) It extends to the whole of India:

Short title, extent and com* metier ment.

* f*oflM7.

Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of the Industrial Disputes Act, 1947 relate to industrial disputes con- cerning workmen employed under the Government of India.

ii44 *&* GAAnrri OF IMDIA Eitt&AORtifNARY tfiow ti

(3) It shall come into force on such date as the Centra Government may, by notification in the Official Gazette, appoint

tleflni- tion of workman or em- ployee.

2. (1) Notwithstanding anything contained in any law fo] the time being in force, "employee" or "workman" shall mear any person (including an apprentice) employed in any Indus' try or establishment to do any skilled or unskilled manual supervisory, technical or clerical work, for hire or reward, whe- ther the terms of employment be expressed or implied and whe gets hia wages directly or indirectly from the employer and shall include any person employed by, or through, a contrac- tor in or in connection with the industry or establishment, and for the purposes of any proceeding under any Act relating to any industrial dispute shall include any such person who has been dismissed, discharged or retrenched in connection with, oi as a consequence of, that dispute or whose dismissal, discharge or retrenchment has led to that dispute, but shall not include any such person—

(i) who is subject to the Army Act, 1950 or the Air Force Act, 1950 or the Navy (Discipline) Act, 1934; or

(ii) who is employed in the police service or as an offi- cer or other employee of a prison; or

(iii) who is employed mainly in a managerial or admi- nistrative capacity; or

(iv) who being employed in a supervisory capacity dxaws wages exceeding one thousand rupees per mensem or exercises either by the nature of the duties attached to the office or by reason of the powers vested in him, func- tions mainly of a managerial nature;

8 of i"23.

Provided, however, that for the purposes of compensation as provided for by the Workmen's Compensation Act, 1923, workman •hull also mean any person who is—

" of 1800.

8 of 1023.

(i) a railway servant as denned in section 3 of the Indian Railways Act, 1890 not permanently employed in any administrative, district or sub-divisional office of railway and not employed in any such capacity as is specified in Schedule II of the Workmen's Compen- sation Act, 1923, or

(ii) employed on monthly wages not exceeding one thousand rupees, in any such capacity as is specified in Schedule II of the Workmen's Compensation Act, 1923,

and any reference to a workman who has been injur- ed shall, where the workman is dead, include a refe- rence to his dependants or any of them.

2. Nothing in sub-section (1) shall be deemed to include a per- 5 son whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business.

8 of 1923.

3. In the Workmen's Compensation Act, 1923, in section 2, in sub- section (1), for clause (n) the following shall be substituted, namely: —

'(n) "workman" means a person as denned in section 2 of

the Workman (Definition) Act, 1967.'

Amend- ment of section 2, Work- men's Compen- sation Act, 1923.

14 of 1847

4. In the Industrial Disputes Act, 1947, in section 2, for clause

(s) the following shall be substituted, namely: —

' (s) "workman" means a workman as denned in section 2

of the Workman (Definition) Act, 1967.'

Amend- ment of section 2, Industrial Disputes Act, 1947.

5. In the Employees' State Insurance Act, 1948, in section 2, for 34 of 1948

clause (9) the following shall be substituted, namely: —

'(9) "employee" means an employee as defined in section 2

of the Workman (Definition) Act, 1967.'

Amend- ment of section 2, Emplo- yees' State Insurance Act,1948.

6. In the Employees' Provident Fund Act, 1962, in section 2, for IB of 1952

clause (/) the following shall be substituted, namely: —

'(/) "employee" means an employee as defined in section

2 of the Workman (Definition) Act, 1967.'

Amend- ment of section 2, Emplo- yees' Provident Fund Act, 1093.

STATEMENT OF OBJECTS AND REASONS

The term "workman" or "employee" has been defined OP inten preted differently in different Acts. It is felt that in order to avoid confusion, there should be a uniform definition of these twa terms in all the four Acts relating to labour and industry ^ namely, the Workmen's Compensation Act, 1923, the Industrial Disputes Act; 1947, the Employee's State Insurance Act, 1948 and the Employees' Provident Fund Atet, 1952,

Aa a result of steep rise in prices, workers are now earning higher wages; it is therefore felt that the limit of exemption, of a person employed in a supervisory capacity should be fixed at one thousand rupees instead of five hundred rupees as at present.

Hence this Bill.

ARJUtt ARORA,

BILL NO. Ill OF 1-907

A Bill to provide for a uniform code of procedure /©r the adoption o/

children.

BE-it enacted by Parliament in the Eighteenth Year of the Republic of India asJ follows:—

CHAPTER I

1. *TiAs Act m a y be called the Indian Adoption of Children Act, Short title.

11067.

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

tioiw.

(Q) "dhiki" means a person of either sex Who io under eighteen years of age;

(b) "court" means any district court within the local limits of whose jurisdiction the child to be adopted, or the petitioner seeking to adopt the child ordinarily resides;

8 of 1890.

(c) "guardian" means a person who has been appointed legal guardian of a person under the Guardians and Wards Act, 1890 or is a de facto guardian or is a testamentary guardian;

(d) "institution" means a social welfare institution, whether residential or non-residential, which holds a valid licence as prescribed;

(e) "parent" means the father or mother of a child born in wedlock, or the natural mother of a child born out of wedlock;

(/) "person in India" means an Indian citizen whether resi- dent in India or abroad;

(g) "prescribed" means prescribed, by rules made under this Act;

(h) "related child" means a child related to the petitioner up to and including second degree on the maternal or paternal side of the petitioner and any child of the petitioner's son or daughter.

CHAPTER II

ADOPTION

Adop-

tions.

3. (J) Notwithstanding anything contained in any other law for the time being in force, no adoption shall be made after the com- mencement of this Act by any person in India except in accordance with the provisions of this Act and any adoption made in contraven- tion of the said provisions shall be void: .

Provided that nothing in this Act shall be deemed to affect the safeguards laid down in the personal laws of the child sought to be adopted relating to his religion.

(2) An adoption which is void shall neither create in the adoptive family in favour of any person any rights which he could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his birth.

Who may adopt.

4. (1) Any person over the age of forty years who is of sound mind and who is in the opinion of the court a fit person to adopt a child may apply to the court to adopt a child:

Provided that—

(i) if the adoption is by a male and the person sought to be adopted is a female, the adoptive father shall be at least forty years older than the person sought to be adopted;

(ii) if the adoption is by a female and the person sought to be adopted is a male, the adoptive mother shall be at least forty years older than the person sought to be adopted.

(2) Where the person applying for adoption is married, the appli- cation shall be made jointly by the husband and the Wife.

Explanation,—If a person has more than one wife living al the time of adoption, the consent of all the wives shall be necessary for adoption.

5. The court shall not allow an adoption to be made unless the ( consent in writing is obtained from—

Consent for adop- tion.

(a) both the parents of the child sought to be adopted or where one ol them is dead, the surviving parent, or

(b) the legal guardian of the child sought to be adopted, if •there is no surviving parent, or

(c) the institution, if the child has been surrendered for adoption to an institution, or

(d) such person or persons or institution as the court deems fit, where the child sought to be adopted is an orphan or has no legal guardian or is not in the custody of the court.

Explanation,—Consent .shall not be required from the father of a child born out of wedlock, even when the father of such child has been ordered by a court ol competent jurisdiction to support the child, nor shall the consent of the father of a child born out of wed- lock be required after the marriage of the father to the mother of the said child, where the consent to adoption has been given by the mother prior to the marriage.

Irrevoca- bility of consent.

6. Notwithstanding anything contained in any other law for the time being in force, consent to adoption by a parent, executed and acknowledged in accordance with the provisions of this Act, or a surrender of a child by a parent, to an institution for the purpose of adoption, shall be irrevocable unless it is obtained by fraud, coercion or mistake.

7. (7) An application for adoption of a child shall be by petition to the court.

Proce- dure for adoption.

(2) Within fifteen days after the filing of such petition, the court shall order an investigation of the facts stated in the petition:

Provided that in the case of an institution, the court may in its discretion accept the investigation previously made in this regard.

(3) A petition to adopt a child shall state—

(i) the full name of the petitioner and his age;

(it) the place of residence of the petitioner;

(Hi) the time when the petitioner has acquired or intends to acquire custody of tiie child sought to be adopted and the name and address of person or institution from whom the child was or will be received;

(iv) the name, sex, place and date of birth, if known of the child sought to be adopted and if the date of birth cannot be ascertained, a medical certificate regarding the approximate age of the child;

(v) the names, if knon and the place of residence, if known, of the parents of the child sought to be adopted, and whether such parents are under any legal disability:

Provided that if the rights of the parents over the child have been terminated by a court of competent jurisdiction or if the child has been surrendered to an institution, it shall not be neces- sary to state the name and address of the parents;

(vi) the name of the guardian, if any, of the child sought to be adopted, and the court which appointed such guardian:

Provided that when the child has no living parent and that no guardian of the child is known to exist, the petitioner may make a statement to that effect in the application and the court may pass such order as it deems fit on such statement;

(vii) the name to be given to, and the religion to be follow- ed by, the child sought to be adopted.

(4) The petition shall also contain the consent in writing of the person or institution having the authority to give consent under sec- tion 5 of this Act to the adoption of the child by the petitioners:

Provided that where the person having the authority to give con- sent is under any legal disability, the petition shall be accompanied by an affidavit by the petitioner to that effect.

(5) A petition for adoption shall also be accompanied by a certi- fied copy of the judgment or decree delivered or passed by any court in India or outsider India relating to the custody of the child sought to be adopted and the adoptive, custodial or parental rights of the petitioner.

(6) A petition to adopt a related child shall also state the manner of relationship of the child to the petitioner.

(7) The petition shall include such further information and facts as the court may require for the determination of the adoption of the child-

Investiga- tion and medical examina- tion of the child.

8. (1) The court may appoint any person who in its' opinion is competent to investigate accurately, promptly and fully, the facts contained in the petition and the character, reputation and general standing of the petitioner, to ascertain whether the petitioner is a proper person to adopt the child and whether the child is fit for adop- tion.

(2) The person so appointed shall present to the court a written report as prescribed.

(3) In cases where the consent is given by an institution, the court in its discretion may accept the report of the investigation pre- viously made.

(4) Such report shall be treated as confidential and withheld from inspection from the parties unless findings therein are adverse to the petitioner or the child sought to be adopted and in that event the court shall infonn the petitioner of the relevant portions pertain- ing to said adverse findings and give the parties an opportunity of representing against such findings.

(5) Such investigation may not ordinarily be made when the peti- tioner seeks to adopt a related child, unless tihe court in its discre- tion so orders.

(6) The child sought to be adopted shall be examined by a Medi- cal Board appointed for this purpose, which shall present a report as prescribed to the court.

(7) All expenses for investigation and examination of the child by the Medical Board shall be borne by the petitioner.

Period of probation and

supervi- sion.

9. If after the examination of the reports presented under section 8 of this Act the court is satisfied, it may pass a preliminary decree allowing the child sought to be adopted to stay with the petitioner. The final decree shall be passed at the end of 'Hhe probaiion period which shall not be less than six months or more than one vear:

Provided that in the case of a petitioner intending to adopt a child from an institution that has already allowed the child to stay with him after due investigation, the court shall ordinarily accept this period of stay as part of the probation period.

10. (1) No person shall receive or accept or pay any considera- tion directly or indirectly, for the adoption of a child.

(2) Any contravention of the provisions of sub-section (I) shall Prohibi- tion of conside- ration.

be punishable with fine which may extend to five hundred rupees or imprisonment which may extend to three months or both.

Savings. 11. Nothing contained in this Act shall affect any adoptions made before the commencement of this Act, and the validity and effect of any such adoption shall be determined as if this Act had not been passed.

CHAPTER III

12. (1) After the commencement of this Act no institution shall give a child in adoption without obtaining a licence from the State Government concerned.

Licensing &t institu- tions for the pur- pose of adoption.

(2) An institution desirous of giving a child in adoption shall make an application to the prescribed authority in the prescribed manner.

Rules.

13. (1) The Central Government may make rules for the carry- ing out of any or all the purposes of this Act.

(2) Without prejudice to the foregoing, the Central Government may make rules for: —

(i) the manner of investigation of facts set forth in the peti- tion and the form in which reports of investigation and Medical Boards are to be presented;

(ii) the procedure and manner of obtaining consent;

(in) determination of probation period; and

(iv) licensing of institutions and applications by them for the purpose of adoption.

(3) Every rule made by the Central Government under this Act 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 ses- sions, and if before the expiry of the session in which it is so laid

or the session immediately following, 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 modi- fied 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

STATEMENT Ob' OBJECTS AND REASONS

To promote the best interests of the child, and to safeguard thV i ights of his natural and his adoptive parents an effective adoption procedure is necessary. This will reduce to a minimum the hazards that now surround adoption in many places, and would also bring about a wider use of the legal safeguards to which children without families of their own are entitled.

At present adoption or "Dattakavidhan" is considered necessary nnly to perform sacramental and ablution rites for ancestors, and only a son is entitled to perform this ceremony. Therefore, girls are not given or taken in adoption and a male child is taken in adoption which is nearest of kin or comes from the same family of the adoptive father. In certain cases a woman has no right to adopt except with the assent of her husband. All these lacunae in the existing law require thorough examination and change and a general law of adoption which can apply to all communities is ur- gently necessary.

Nothing in this Bill is intended tu affect the existing law of adoption applicable to Hindus. This Bill is primarily intended for ilic benefit of communities otru.T than Hindus. It is, however, also made clear that if Hindus are desirous of adopting a child under Ihis Act, it shall be competent for them to do so.

TARA R. SATHE.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 13 authorises the Central Government to make rule.s 1o carry out the purposes of the Act.

The rule-making power sought to be conferred on the Centra 1 Government is of normal character.

B. N. BANERJEE.

Secretary.

l'HINTED RY THE GENERAL MANAGER, GOVERNMENT OF INDIA PHtBS, MINTO RCAU, NKW HKLHI ANT1 PUBLISHED BV THE M/VNAGEK OC PUBLICATIONS, 1 9 6 7.