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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 3] NEW DELHI, FRIDAY, FEBRUARY 16, 1968 MAGHA 27, 1889

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

LOK SABHA

The following Bills were introduced in Lok Sabha on the 16th

February, 1968: —

BILL NO. 164 OF 1967

A Bill to provide for the re-marriage of widowers.

BE it enacted by Parliament in the Eighteenth Year of the

Republic of India as follows: —

1. (I) This Act may be called the Widowers' Re-marriage Act,

1967.

5 (2) It extends to the whole of India.

(3) It shall come into force at once.

Short title, extent and com mence- ment.

2. A widower who intends to re-marry shall marry only a widow.

Re-mar- riage of widower

( 3 1)

1185 G of I—1.

Explanation.— (i) "widower" includes a male person whose mar- riage with his previous wife has been dissolved by a decree of divorce.

(ii) "widow" includes a female person whose marriage with her previous husband has been dissolved by a decree of divorce. 5

enalty. 3. Any person who contravenes the provisions of section 2 shal] be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees, and the marriage so performed shall be void.

STATEMENT OF OBJECTS AND REASONS

With a view to ameliorate the plight of the widows and to im- prove their economic and social condition, it is necessary that the widowers should be restrained from marrying virgins. A widower should marry only a widow.

Hence this Bill.

NEW DELHI; RAGHUVIR SINGH SHASTRI.

The 9th November, 1967.

BILL N O. 160 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: —

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

1967.

2. In article 4 of the Constitution, in clause (I), the words "and 5

the Fourth Schedule'' shall be omitted.

3. In article 80 of 1,he Constitution,—

Amend- ment of article 4. Amend- ment of article 80.

(i) in clause (I), for sub-clause (b), the following sub- clause (b). the following sub-clause shall be substituted name- ly:

I0

" (b) four representatives of each of the States and of

the Union territories." (ii) Clause (2) shall be omitted.

4. The Fourth Schedule to the Constitution shall be omitted.

Omission of the Fourth Schedule,

STATEMENT OF OBJECTS AND REASONS

The present heavy representation in the Council of States is un- necessarily extravagant. Besides, it does not reflect equality among the States and Union territories. But socialism, which has been ac- cepted by our people and Parliament as the realizable goal for social development, demands that a curb should be put on this unnecessary extravagance and all the States and Union territories should be put on the footing of equality.

Hence the Bill for amending the Constitution for making it com- patible with the requirements of socialism.

SHIVA CHANDRA JHA.

NEW DELHI; The nth November, 1967.

BILL NO. 168 OF 1967

A Bill further to amend the Representation of the People Act, 19M.

BE it enacted by Parliament in the Eighteenth Year of the

Republic of India as follows: —

1. (2) This Act may be called the Representation of the People

(Amendment) Act, 1967.

Short title and Com- mence- ment.

5 (2) It shall come into force at once,

43 of 1951. 2. After section 7 of the Representation of the People Act, 1951,

the fallowing new section shall be inserted, namely: —

Insertion of new section 7A.

"7A. (1) If a member, aiter he is elected to the House of the People or to the Legislative Assembly of a State, resigns from 5 the party on whose ticket he contested the election, he shall be

disqualified.

Disquali- fication for chang- ing party allegiance etc.

(2) If an independent member, after being declared elected, joins a party or group in Parliament or the State Legislature, as the case may be, whose policy and programmes conflict with his

10 election manifesto, he shall be disqualified:

Provided that such disqualification shall not debar the mem- ber from contesting the election to be held for filling the vacancy caused by the said disqualification or any other vacancy."

STATEMENT OF OBJECTS AND REASONS

Recent floor-crossing by elected members in various State Legis- latures has not only ushered in instability but has also created chaotic conditions in certain States almost paralysing the adminis- tration. In addition to this, such floor-crossing betrays the confi- dence reposed by the electorate in the elected members. The pur- pose of the Bill is to check this evil tendency of floor-crossing.

Niw DELHI; GOVIND DAS.

The 22nd November, 1967.

BTLL N O. 167 OF ]967

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: —

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

1067.

5 2, In article 343 of the Constitution,—

(a) in clause (I),—

Amend- ment of article 348.

(i) for the word "language", the word "languages" shall be substituted.

1186 G of 1—2.

(ii) after the word "script", the words "and English"

shall be added.

(b) clauses (2) and (3) shall be omitted.

3. Article 344 of the Constitution shall be omitted.

Omission of article 344.

4. In article 345 of the Constitution,— 5 Amend- ment of article 345.

(i) for the word "Hindi", the word "English" shall be sub-

stituted;

(ii) the proviso shall be omitted.

5. In article 348 of the Constitution, clauses (2) and (3) shall be

omitted.

io Amend- ment of article 348.

6. Article 349 of the Constitution shall be omitted.

Omission of article 349.

7. For article 351 of the Constitution, the following article shall

be substituted, namely: —

Substitu- tion of new article for article 331.

Directive for deve- lopment of the Hindi language and regional languages.

"351. It shall be the duty of the Union to promote the spread of the Hindi language and regional languages, to deve- 15 lop them so that they may serve as a medium of expression for all the elements of the composite culture of India and to secure their enrichment by assimilating without interfering with their genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, 20 and by drawing, wherever necessary or desirable, for their vocabulary, primarily on Sanskrit and secondarily on other languages."

STATEMENT OF OBJECTS AND REASONS

The controversy on the languages issue has become grave. There is a large section of the people in the country who desire that Eng- lish should continue as the official language of the Union and are averse to Hindi being imposed on them. A unilateral imposition of Hindi may endanger the unity of the country. So it will be in the interest of the unity of the country that English is continued as the official language along with Hindi.

In States, English or the regional language should be the official language. The Hindi-speaking areas may correspond with the other States or with the Centre either in Hindi or in English. Non-Hindi areas should correspond with the Centre in English.

It is also necessary that the proceedings of the High Courts and Supreme Court are in English.

The Bill seeks to make provision for the above matters in the Constitution.

J. M. IMAM.

NEW DELHI;

The 23rd November, 1967.

BILL NO. 2 OF 1968

A Bill further to amend the Code of Civil Procedure, 1968.

BE it enacted by Parliament in the Nineteenth Year of the

Republic of India as follows: —

1,. (!) This Act may be called the Code of Civil Procedure

(Amendment) Act, 1968.

(2) It shall come into force at once. * Short title and commen- cement.

2. Section 87B of the Code of Civil Procedure, 1908 shall be 5 of 1908

¹ omitted,

Omission of section 87B.

STATEMENT OF OBJECTS AND REASONS

Section 87B was inserted in the Code of Civil Procedure, 1908 vide section 12 of the Code of Civil Procedure (Amendment) Act, 1951 (II of 1951) with a view to accord special privileges and protection to the former Indian Rulers. That section is designed to perpetuate the remnants of the Feudal Order and is, therefore, an anachronism in a democratic and classless society. Further, this kind of provision runs counter to the letter and spirit of articles 15, 18 and 44 of the Constitution of India. The continuance of this section 87B in the Statute Book would create many complications and practical difficul- ties for the common people in proceeding against the former Rulers in appropriate cases. The proposed amendment is intended to rectify the anomalous situation as well as facilitate achieving the goal of classless society and equality before law for all citizens of India.

M. NARAYAN REDDY- NEW DELHI;

The 1st December, 1967

BILL NO. 1 or 1968

A Bill further to amend the Constitution of India.

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

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

1968.

2. For article 343 of the Constitution, the following article shall

be substituted, namely: —

Substitu- tion at article 343.

"343. (1) The official language of the Union shall be Hindi. Official Language of the Union, (2) The official script of all the Indian languages shall be * the Roman script, where necessary with suitable modi-

fications.

(3) The form of numerals to be used for the official pur- poses of the Union shall be the international form of Indian numerals.

IO (4) Notwithstanding anything in this article, Parliament may, by law, provide for the use of the English language and/or Devanagari form of numerals for such purposes as it may specify in the law."

3. In article 344 of "the Constitution, in clause (1), the words

15 "specified in the Eighth Schedule" shall be omitted.

Amend- ment of article 344.

4. In article 351 of the Constitution, the words "specified in the

Eighth Schedule", shall be omitted.

Amend- ment of article 351.

5. The Eighth Schedule to -the Constitution shall be omitted. Omission Of Eighth Schedule.

STATEMENT OF OBJECTS AND REASONS

Most of our people are non-ambulatory in abode. It is, there- fore, essential that, not having one common language, they should at least have one common script, to enable those interested, in which- ever part of the country they may live, to acquire self-taught know- ledge of both, the languages in the rest of the country and the knowledge disseminated in writing through them.

The added advantage of adopting) the Roman script is that we shall achieve this possibility not only with regard to the nation, but also with regard to the many languages in the world thatf use this international script.

"With the large majority of our countrymen still illiterate, the advantages of one common script for both the language of the Union and all other Indian languages, with reference to cost and ease of mass education and mass communication, are quite clear.

With the accent on. education through the mother-tongue, the need for equality of status for each and every language in the coun- try becomes acute. As long as the Eighth Schedule contains only 15 of such languages, and constitutional amendment is required to place further languages on this Schedule, such equality is not easy to achieve. It is therefore, proposed to delete this Schedule altogether.

NEW DELHI; ERASMO DE SEQUEIRA.

The 20th December, 196V.

BILL NO. 169 OF 1967

A Bill to provide machinery for fixation of wages and for improve-

ment of working conditions of workers in the Film Industry,

BE it enacted by Parliament in the Eighteenth Year of the Repub-

lic of India as follows: —

CHAPTER I

PRELIMINARY*

" 1.(1) This Act may be called the Film Industry Workers Act,

1967.

(2) It extends to the whole of India, except the State of Jamrau

and Kashmir.

Short titl extent, com- mence, mentand applic*- tlow.

U85 G of I—&.

(3) It shall come into force on such date as the Central Govern-

ment may, by notification jn the Official Gazette, appoint.

(4) It shall apply to every establishment employing one or more workers in the Film Industry except the film industry establish- ments owned and managed by the Government. 5

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

(a) "Film Industry" includes production, processing,

distribution and exhibition of films;

(b) "Government" means the Central Government;

(c) "Worker" means any person employed in any film Indus- io try establishment;

(d) all words and expressions used but not defined in this

14 of 1M7.

Act and defined in the Industrial Disputes Act, 1947, 1 shall have the meanings respectively assigned to them in that Act.

lS

CHAPTER II

WAGES, RETRENCHMENT, GRATUITY, RECOVERY, ETC.

lot 14 of 7to aipplyto workers.

3,. (1) The provisions of the Industrial Disputes Act, 1947, as In

force for the time being1, shall, subject to the modification specified

In sub-section (2) apply to, or In relation to, workers as they apply 20

to, or In relation to, workmen within the meaning of that Act.

(2) Section 25F of the aforesaid Act, in its application to work-

ers, shall be construed as if in clause (a) thereof, for period of

notice referred to therein in relation to the retrenchment of a work-

man, the following periods of notice Sn relation to the retrenchment 25

of a worker had been substituted, namely:—

(a) three months in case of workers who have been in conti-

nuous service for a period of not less than two years,

and

(b) two months in case of other workers. 30

Special xrovlaions In respect >f certain cases of

4. Where at any time between the 14th day of August, 1962, and s the 1st day of March, 1964, any worker had been retrenched, he j shall be entitled to receive frqm the employer, in case of retrench- ment, the same benefits as are conferred on a worker retrenched under section 3,

aj •etrench- wamt

5, ( i) Where—

Payment of gra- tuity.

(a) any worker has been in continuous service whether before or after the commencement of this Act, for not less than two years in any branch of the film industry, 5 and—

(i) his services are terminated by the employer in relation to the film industry for any reason whatsoever, other- wise than as a punishment inflicted by way of discipli- nary action; or

I0 (ii) he retires from service on reaching the age of superan- nuation; or

(iii) he voluntarily resigns from service;

14 of 1947.

(b) any worker dies while he is in service in any film industry, the worker or, in the case of his death, his nominee or nominees or, j- if there is no nomination in force at the time of the death of the worker, his heirs, as the case may be, shall, without prejudice to any benefits or rights accruing under the Industrial Disputes Act, 1947, be paid, on such termination, retirement, resignation or death, by the employer in relation to that establishment gratuity which 20 shall be equivalent to fifteen days' average pay for every completed year of service or any part thereof in excess of six months:

Provided that where a worker is employed in any establishment in film industry wherein more than one workers were employed on any day of the twelve months immediately preceding the com- 2, mencement of this Act, the gratuity payable to a worker employed in any such film industry for any period of service before such commencement shall be equivalent to—

(a.) three days' average pay for every completed month of service in execess of three months, if the period of such a0 past service does not exceed ten months;

(b) five days' average pay for every completed month of service in execesa of three months, if the period of such past service exceeds one year, but does not exceed two years; and

(c) Seven days' average pay for every completed month of service in excess of six months, If the period of such ser- vice exceeds two years.

6. (2) The Government may, in the manner hereinafter pro- vided—

Fixation or revision of rates of waaei.

AO (a) &c rates of wages in. respect of workers; and

(b) revise, from time to time, at such intervals as it may

think fit, the rates of wages fixed under this section. (2) The rates of wages may be fixed or revised by the Govern-

ment in respect of workers for time work and for piece work.

7. For the purpose of fixing or¹ revising rates of wages in respect of workers under this Act, the Government shall, as and when necessary, constitute a Wage Board which shall consist of—

•Tocedure .or fixing nd -evislng

' _3 Of

(a) two persons representing employers in relation to film

wages.

industry;

Io

(b) two persons representing workers; and (c) three independent persons, one of whom shall be a per- son who is, or has been, a Judge of a High Court or the Supreme Court and who shall be appointed by the Gov- ernment as the Chairman thereof.

Explanation.—The representatives of the workers shall be appoint-

ed from amongst the Union or Association of the workers.

Recom- xendatioj- al Board.

8. (1) In making any recommendation to the Government, the Board shall have regard to the cost of living, the prevalent rates of wages for comparable employments, the circumstances relating to the film industry in different regions of the country, and to any other circumstances which to the Board may seem relevant.

(2) The Board may recommend the rates of wages for time work

and for piece-work.

(3) The recommendation of the Board for fixation of rates of wages shall be communicated, as soon as practicable, to the Govern- ²5 ment.

9. (/) As soon as may be, after the receipt of the recommenda- tion of the Board, the Government shall make an order in terms of the recommendations or subject to such modifications, if any, as it thinks fit, being modifications which, in the opinion of the Govern- ³ ment, do not effect important alterations in the character of the recommendations.

(2) Every order made by the Government under this section shall be published in the Official Gazette together with the recom- mendations of the Board relating to the order and the order shall come into operation on the date of publication or on such date, whether prospectively or retrospectively, as may be specified in the order.

10. On the coming into operation of an order of the Government under section 9 every worker shall be entitled to be paid by his ⁴° employer wages at the rate which shall in no case 1be less than the rate of wages specified in the order.

Workers Welfare Fund.

11. (1) With effect from such date as the Government may, by notification in the Official Gazette, appoint in this behalf, there shall be levied and collected a fee for the purposes of this Act on the earnings of workers and employers at such rate, not exceeding one 5 per cent. In the case of workers and two per cent, in the case of employers, as may, from time to time be fixed by the Government.

(2) On the last day of each month or as soon thereafter or at the time of payment, whether in part or in full, of the remuneration of workers, as may be convenient, there shall be paid to the credit of a fund to be known as the Film Industry Workers Welfare Fund (hereinafter referred to as the Fund) the proceeds of the fees after deduction of the expense, if any, for collection and recovery.

Applica- tion of Welfare Fund.

12. (/) The Fund shall be applied by the Government to meet the expenditure incurred in connection with measures which are, in 15 the opinion of the Government necessary or expedient to promote the welfare of or provide relief for workers who have either retired or are unemployed and are in indigent circumstances or to the deserv- ing legal heirs of the workers who might have died while engaged In the production of a feature film in any capacity, or, if unemployed, ³⁰ are in a destitute condition.

(2) Without prejudice to the generality of sub-section (2) the Fund may be utilised to defray—

(i) the cost of measures for the benefit Of workers;

(U) the cost of administering the Fund, the salaries and Z5 allowances, if any, of members of the Wage Board constituted under section 7 and salaries and allowances, if any, of officers ap- pointed under section 13;

(Hi) any other expenditure which the Government may direct to be defrayed from the Fund.

3° '(3) The Central Government shall have power to decide whether any particular expenditure is or is not debitable to the Fund and its decision shall be final.

13. (1) The Government may appoint such officers as it thinks necessary to administer the Fund or to supervise or carry out the 35 activities financed from the Fund.

Appoint- ment of officers to adminis- ter the Fund.

(2) Every officer so appointed shall be deemed to be a public ser- 4!> of 1800.

0- vant within the meaning of section 21 of the Indian Penal Code, 1860.

Recovery Of money due from an em- ployer.

14. (1) Where any money is due to a worker from an employer, or any money so becomes due from any other person who succeeds to the title of the establishment in the film industry, under any provi- sions of this Act, whether by way of compensation, gratuity or wages, the workers may, without prejudice to any other mode of re- 5 covery, make an application to the State Government for the recovery of the money due to him, and if the State Government or such autho- rity as the State Government may specify in this behalf is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover that amount in the io same manner as an arrear of land revenue.

14 of 1947.

(2) If any question arises as< to the amount due under this Act to a worker from his employer, the State Government may, on its own motion or upon application made to it, refer the question to any Labour Court constituted by it under the Industrial Disputes T5 Act, 1947 or under any corresponding law relating to investigation ¹⁴< and settlement of industrial disputes in force in the State and the said Act or law shall have effect in relation to the Labour Court for adjudication under that Act or law.

(.?) The decision of the Labour Court shall be forwarded by it to 20 the State Government which made the reference and any amount found due by the Labour Court may be recovered in the manner pro- vided in sub-section (I).

Hours of work.

15. (1) No worker shall be required or allowed to work in any film industry for more than one hundred and sixty-eight hours dur- 25 ing any period of four consecutive weeks, exclusive of the time for meals and leisure.

(2) Every worker shall be allowed during a period of seven con- secutive days, a rest for a period of not less than twenty-four con- secutive hours.

g0

Explanation.—For the purpose of this section, 'week' means a period of seven days beginning at midnight on Saturday.

16. (2) Where work is required to be carried on for a period ex- ceeding eight hours, workers will be employed in shifts.

Employ- ment in ihifts.

(2) Workers will not ordinarily be employed in two consecutive 35 shifts in a day though by previous permission obtained from the appropriate Government, they may be so employed provided that the worker is paid overtime at the rate of three times the wage rates, specified in the order under section 9.

Leave.

17. Every worker who has put in a service of six months shall be

wititled every year to leave as follows; —

Casual Leave—21 days.

Sick Leave—21 days.

5 Earned Leave—1/llth of the period spent on duty.

CHAPTER in

WELFARE AND HEALTH

Canteens.

18. (/) In every place where film production work is carried on, the employer shall be liable to provide for meals, refreshment, etc.

10 at the proper time.

(2) In every film industry wherein twenty-five workers or more are employed, the employer shall provide for a canteen, which shall be subject to the same rules and regulations as are applicable to res- taurants, hotels and such other recreation centres under Factories 03 of 1948. 15 Act, 1948.

Rest Roonwi.

19. Rest rooms shall be provided and maintained by the employer so as to be readily accessible to workers during all working hours, in particular for workers who are required to work on night shift.

First-aid facilities.

20. There shall be provided and maintained by the employer so as 20 to be readily accessible to workers during all working hours, a first- aid Box equipped with the prescribed contents in every film industry or every such place where it undertakes film production.

CHAPTER IV

APPLICATION OF CERTAIN ACTS TO FILM INDUSTRY WORKERS

20 of 1946.

Act 20 of 1946 to ap- ply to film industry establish- ments. 2, 21. The provisions of the Industrial Employment (Standing Or- ders) Act, 1946, as in force for the time being, shall apply to every film industry establishment as if such film industry establishment were an industrial establishment to which the aforesaid Act has been applied by a notification under sub-section (3) of section 1 thereof, ao and as if a film industry employee were a workman within the

meaning of that Act.

22. The Employees' Provident Funds Act, 1952 as in force for the Act 19 of 19S2 to apply to estab- lishments.

time being, shall apply to every film industry establishment as if such film industry establishment were a factory to which the afore- 35 said Act had been applied by a notification of the Central Govern- ment under sub-section (3) of section 1 thereof, and as it a film in- dustry employee were an employee within the meaning of that Act.

8 of 1023.

23. (i) If personal injury is caused to a worker by accident ari- sing out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of Chapter II of the Workmen's Compensation Act, 1923.

Employ- er's liabi- lity far compen- sation.

(2) The payment of compensation in respect of a worker whose 3

injury has resulted in death, shall be made to his or her heirs.

CHAPTER V

MISCELLANEOUS

24. (/) The provisions of this Act shall have effect notwithstand- ing anything inconsistent therewith contained in any other law or io in the terms of any award, agreement or contract of service, whe- ther made before or after the commencement of this Act:

Effect of laws and agree- ments in- consistent with this Act

Provided that where under any such award, agreement, con- tract of service or otherwise, a worker is entitled to benefits in respect of any matter which are more favourable to him than 15 those to which he would be entitled under this Act, the worker shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act.

(2) Nothing contained in this Act shall be construed to preclude 20

any worker from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act.

25. Every employer in relation to a film Industry establishment a5

shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed.

Mainten- ance of registers, records and muster- rolls. Appoint- ment of Inspec- tors.

26. (1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits within which 30 they shall exercise their functions.

(2) Every Inspector shall be deemed to be a public servant with-

45 of i860.

in the meaning of the Indian Penal Code, 1860.

Any Inspector appointed under sub-section (1) may—

(a) enter any film industry establishment or any premises 35

connected therewith;

(fa) require any authority or person to produce any regis- ter, muster-roll or other documents relating to the employment of workers and examine such document;

(c) take on the spot or otherwise the evidence of any person 5 for the purpose of ascertaining whether the provisions of this Act, or any other Act which is applicable to the film industry are complied with notwithstanding any other authority who may be empowered with the same powers or any part thereof.

Penalty.

27. (/) If any employer contravenes the provisions of this Act 10 or any other law for the time being in force governing the film in- dustry, he shall be punishable with line which may extend to one thousand rupees notwithstanding any other punishment to which he may be liable¹ for the contravention of any other law for the> time being in force.

15 (2) No Court shall take cognisance ol an offence under this section unless the complaint thereof is made within two months of the date on which the offence is alleged to have been committed.

Indemnity.

28. No suit, prosecution or other legal proceeding shall lie against the Chairman or any other member of the Wage Board or an Ins- 20 pector appointed under this Act for anything which is in good faith done or intended to be done in the course of his duties.

29. (7) The Government may, by notification in the Official

:

Gazette, make rules to carry out the purposes of this Act.

Power to make rules.

(2) Every rule made by the Government under this section shall 25 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 or more successive sessions, and if, before the expiry of the session in which it is so^ laid or the successive sessions aforesaid, both Houses agree in mak- 30 ing 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 dQne under that rule.

1185 G of 1—4.

STATEMENT OF OBJECTS AND REASONS

Most of the workers in the film Industry are emplt>yed through middlemen. The method of recruitment of Workers la beset with several evils. Favouritism and nepotism are rampant and t ht workers are exploited in a variety of ways.

As rates of wages paid to workers are not laid do\vn, thure is keen competition. The workers are exploited by suppliers. There H insecurity of work. Under-employment, unemployment arid low wages are perpetual.

The working hours for workers in the industry are abnormal, irregular and strenuous. Minimum amenities such as leave, shift system, rest rooms, canteens and first-aid are not provided.

The Bill seeks to provide a machinery for fixation of wages and for improvement of working conditions of workers in the film Indus- try.

NEW D W I; fi. C. SAMANTA.

The 1st September, 1967

FINANCIAL MEMORANDUM

ClfU^t 3 of the Bill applies the¹ provisions of the Industrial Dis- putes Act, 1947, to workers in the film industry with certain modifi- cations. Under that Act, Industrial Tribunals have to be apppinted to decide disputes arising in the film industry. These tribunals, in some cases, would have to be appointed by the Central Government. This clause would, therefore, involve some expenditure. No exact idea is possible at this stage as to the amount of recurring and non- recurring expenditure that may be required. But to start with, a recurring grant of rupees twenty-five thousand would appear to be necwBary.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 29 of the Bill empowers the Central Government to make rules to carry out the purposes of the Bill when enacted. The matters in respect of which rules may be made relate to appoint- ment of Wage Boards, administration of welfare fund etc. The delegation of legislative power is of a normal character.

BILL N O. 166 OF 1967

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Eighteenth Year of the Repub-

lic of India as follows: —

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

1967.

Short title and "on- nraoe- mtnt.

5 (2) It shall come into force at once.

2. After article 174 of the Constitution, the following article shall he inserted, namely: —

Insertion

"f now

artielt

174A,

"174A. Notwithstanding anything In clause (1) of article 174, If a requisition to summon the Legislative Assembly of the State, signed by more than one-half of the total number of members of the Assem- 3 bly, is received by the Speaker of the Assembly, he shall summon the Assembly to meet at such time and place as he thinks fit on any date not later than fifteen days from the date of receipt of such a requisition."

Summon-

ing of

State

Legisla-

tive As-

sembly

on requi-

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th"TM<.

8ttV 2} 'tffoi OAJSK*TB Of INDIA E3Cm&DKDnSTAB.Y 61

STATEMENT OF OBJECTS AND REASONS

A controversy has arisen as to who is competent to convene a meet- ing of a State Assembly. Conflicting claims have been advanced by Chief Ministers and on behalf of Governors. The continued support of a majority of the members of a State Assembly is the basis of a responsible Govt, When this is in doubt the issue should be settled on the floor of the Assembly and hence this BilL

NEW DELHI; NATH PAL The 24th November, 1967.

3

BILL N O. 6 OF 1968

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Nineteenth Year of the Repub-

lic of India as follows: —

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

Act, 1968.

Short title and ex- tent.

(2) It shall come into force at once-

5

2. In article 74 of the Constitution, for clause (1), the following clause shall be substituted, namely: —

Amend- ment of aitjcle 74

" (1) There shall be a Council of Ministers, with the Prime Minister at the head to aid and advise the President in the exer- ^ cise of his functions, whose strength shall not exceed one twelfth of t'.ie elected members of the House of the People".

3, In article 163 of the Constitution, for clause (1), the following clause shall be substituted, namely: —

Amend- ment of aiticle 163 " (1) There shall be a Counnl of Ministers with the Chu £ 10 Minister at the head to aid and advise the Governor in the exer- cise of his functions, except in so far ab he is by or under this Constitution required to exercise his functions or any of them in his discretion, whose strength shall not exceed one twelfth of thn, elected members of the Legislative Assembly of the Slai'¹".

STATEMENT OF OBJECTS AND REASONS

It is true that in a Parliamentary form of Government it is the privilege of the Prime Minister/Chief Minister to choose the members of the Council of Ministers. It is also his right to decide the total number of such Ministers in order efficiently to carry on the work of the Administration.

However, of late expansion of the Cabinet has been used by the ruling Congress Party to perpetuate itself in office and Opposition Patties too, now in power in several States, have been unab^ to resist the temptation of emulating this bad example.

In order to prevent the abuse of the privilege and right conferred by the Constitution under articles 75 and 164, it has now oecome necessary to restrict by a Constitutional amendment the size of 1he Council of Ministers both at the Centre as well as in the States.

Even under a written Constitution everything cannot be provided for by the provisions of the Constitution. Certain healthy conven- tions and rules of conduct have to be developed, and the ruling Party should take the lead in evolving them. However, the experience of the past 20 years shows that the initiative for this cannot come from the Congress Party- I am, therefore, compelled to introduce this Constitution Amendment Bill to fill the gap left by the failure of the political parties in India and, above all the Congress Party, to lay down healthy conventions in this regard. After all, addition of every new Minister means extra expenditure in terms of emoluments, al- lowances and amenities and restrictions on the size of the Ministries cannot but be welcomed by the tax-payers in this country.

NEW DELHI; MADHU LlMAYE.

The 21th December, 1967.

BILL NO. 5 OF 1968

A Bill fmther to amend 1he Constitution of India.

BE it enacted by Parliament in the Nineteenth Year of the Repub- lic of India as follows: —

1. (1) This Act may be called the Constitution (Amendment) Short dtl" and ex- Act, 1968.

5 (2) It shall come into force at once.

2. In article 85 of the Constitution, for clause (1), the following clause shall be substituted, namely: —

Amend- ment, of article (35.

"(1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but three months shall not intervene between its last sitting 5 in one session and the date appointed for its first sitting in the next session".

3. In article 174 of the Constitution, for clause (1), the following clause shall be substituted, namely: —

Amend- ment of article 174.

"(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at ro such time and place as he thinks fit but three months shall not intervene between its last sitting in one session and thp date appointed for its first sitting in the next session".

STATEMENT OF OBJECTS AND REASONS

The Constitutional dead-lock in West Bengal has been caused by the literal interpretation put on Article 164 by the Governor of the State and the literal interpretation put on Rule 15 of the Rules of Procedure of the West Bengal Assembly by its Speaker.

It was, perhaps, all right for the Governor to tell the Chief Minis- ter that in his view he had lost the support of the majority in the Le- gislature and that he should clear up the position by affording an early opportunity to the Assembly to express its confidence or want of it in his Council of Ministers. However, it is one thing to make a sug- gestion and another thing to arbitrarily withdraw his 'pleasure' and dismiss the Government on the ground that in the opinion of the Governor it had become a minority Government.

As long as the six months period had not been exceeded it w"3 highly improper for the Governor to force his views on the Chief Minister and threaten him with dire consequences in the event of the Chief Minister's failure to abide by his wishes.

It may perhaps be said that the six months period is too long and it is unjust to let a Government which has lost the support of the majority to continue in office for such a long period. By introduc- ing this Constitution Amendment Bill, therefore, I have sought to reduce the interval between any two sessions either of the Union or of the State Legislatures. Under this Amendment it would be in- cumbent on the part of the Governor, acting on the advice of his Chief Minister, and President, acting on the advice of the Prime Minister, to summon sessions of the Legislatures in such a manner that not more than three months shall intervene between any two sessions of these legislative bodies.

The adoption of this provision will remove the very basis for the Governor's taking in future any precipitate and arbitrary action such as the dismissal of the Ministry. I have deliberately refrained from amending Article 164 because in a very extreme case a Chief Minister may be found to be in league with a State with which we are at war, thereby imperilling the security of the State, and in such a contingency extraordinary use of his power by the Governor may perhaps be justified and the legislature on being told erf all the facts of the case and the irrefutable evidence will most probably uphold

the action of the Governor. But using 164 in such extreme cases is one thing and to dismiss a Chief Minister on the ground of his having refused to test his strength in an early meeting of the Assembly is another. The Governor has no locus standi as long as the Chief Minister has not exceeded the time limit of six months laid down by the Constitution. By reducing this period to 3 months the basis for Governor's arbitrary action will be knocked down and the Union and State Governments would be compelled to call more frequent ses- sions of the legislatures and thereby make parliamentary control over the executive much more effective,

NEW DELHI; MADHTJ LIMA YE

The 21th December, 1967.

S. L, SHAKDHER,

Secretary,

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA TRES3, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGBH OF PUBLICATIONS, DELHI, 1968