REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 10]

NEW DELHI, TUESDAY, MARCH 5, 1968/PHALGUNA 15, 1889

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 Sabba on the

5th March, 1968: —

I

BILL NO. XI OF 1968

A Bill to confer on the President the power of the Legislature of

the State of West Bengal to make laws.

BE it enacted

by Parliament in the

Nineteenth Year of the

Republic of India as follows: —

1 This Act may be called the West

Bengal State

Legislature

(Delegation of Powers) Act, 1968.

2. In this Act "Proclamation" means the Proclamation issued on

the 20th day of February, 1968, under article 356 of the Constitution,

by the President and published with the notification of the Govern-

ment of India in the Ministry of Home Affairs No. G.S.R. 322 of the

said date.

Short

title.

Defini-

tion.

(201)

203

THE GAZETTE OF INDIA EXTRAORDINARY

[PABT II

Confer-

ment on

tha Presi-

dent Of

the power

of the

State

Legisla-

ture to

make laws

3. (1) The power of the Legislature of the State of West Bengal

to make laws, which has been declared by the Proclamation to be

' exercisable by or under the authority of Parliament, is hereby con-

. ferred on the President

(2) In the exercise of -the said power, the President may, from

time to time, whether Parliament is or is not in session, enact as a

, President's Act a Bill containing such provisions as he considers

necessary:

Provided that before enacting any such Act, the President shall,

whenever he considers it practicable to do so, consult a committee

constituted for the purpose, consisting of forty members of the House

of the People nominated by the Speaker and twenty members of the

Council of States nominated by the Chairman.

(3) Every Act enacted by the President under sub-section

(2)

shall, as soon as may be after enactment, be laid before each House

of Parliament.

(4) Either House of Parliament may, by resolution passed within

thirty days from the date on which the Act has been laid before it

under sub-section (3), which period may be comprised in one ses-

sion or in two successive sessions, direct any modifications to be

made in the Act and if the modifications are agreed to by the other

House of Parliament during the session in which the Act has been

so laid before it or the session succeeding, such modifications shall

be given effect to by the President by enacting an amending Act

under sub-section (2):

Provided that nothing in this sub-section shall affect the validity

of the Act or of any action taken thereunder before it is so amended.

SKC. 2}

THE GAZETTE OF INDIA, EXTRAORDINARY

2o3

STATEMKNT OF OBJECTS AND REASONS

Under the Proclamation of the President, dated the 20th February,

1968, the powers of the Legislature of the State of West Bengal are

now exerciflable by or under the authority of Parliament. Such

legislative measures as may be necessary for the State can be taken

up by Parliament only by postponing its business; and even then,

it is likely that Parliament may not have time to deal with all legis-

lative measures for the State. It Is, therefore, proposed that Parlla- ,

ment should, in accordance with the provisions of sub-clause (a) of

clause (1) of article 357 of the Constitution, confer by law on the

President the powers of the Legislature of the State of West Bengal

to make laws for the State. The present Bill is intended to give

effect to this proposal.

NEW Dmn;

Y. B. CHAVAN.

The 1st March, 1968.

204

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II

Short

title.

Amend-

ment of

section 2.

II

BILL NO. VI OF 1968

A Bill further to amend the Public Premises

(Eviction of Un-

authorised Occupants) Act, 1958.

BE it enacted by Parliament in 'the Nineteenth Year of the

Republic of India as follows: —

1. This Act may be called the Public Premises (Eviction of

Unauthorised Occupants) Amendment Act, 1968.

2. In section 2 of the Public Premises (Eviction of Unauthorised

Occupants) Act, 1958 (hereinafter referred to as the principal Act),

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

' (b) "public premises" means any premises belonging to, or

taken on lease or requisitioned by, or on behalf of, the Central

Government; and includes—

32 of 1658.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

2o5

1 of 1956.

(1) any premises belonging U>, or taken on lease by,

or on behalf of, any company as denned in section 3 of the

Companies Act, 1956, in which not less than fifty-one per

cent, of the paid-up share capital is held by the

Cental

Government; and

(2) in relation to the Union territory of Delhi—

({) any premises belonging to the Municipal Cor-

poration of Delhi or any municipal committee or notified

area committee, and

(ii) any premises belonging to the Delhi Develop-

ment Authority, whether such premises are in the pos-

session of, or leased out by, the said Authority;'.

3. In section 3 of the principal Act, in clause (a), for the words

"or officers of equivalent rank of the Corporation", the words "or

officers of equivalent rank of any company or the Corporation" shall

be substituted.

4. After section 10D of the principal Act, the following section

shall b« inserted, namely: —

"10E. No civil court shall have jurisdiction to entertain any

suit or proceeding in respect of the eviction of any person who

is in unauthorised occupation of any public premises or the

recovery of the arrears of rent payable under sub-section (1) of

section 7 or the damages payable under sub-section (2) of that

section or costs awarded to the Central Government under aub-

section (4A) of section 9 or any portion of such rent, damages or

costs.".

Amend-

ment of

section 3.

Insertion

of new

section

10E.

Bar of

jurisdic-

tion.

2c6

THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]

STATEMENT OF OBJECTS AND REASONS

Recently the Supreme Court in Northern India Caterers Private

Limited Vs. State of Punjab (A.I.R. 1967 S.C. 1581) declared section 5

of the Punjab Public Premises and Land (Eviction and Rent Reco-

very) Act, 1959 void on •the gruund that the suction was discrimina-

tory and violative of article 14 of the Constitution, inasmuch as it

conferred an additional remedy over and above the usual remedy

by way of suit and provided two alternative remedies to the Govern-

ment, leaving it to the unguided discretion of the Collector to resort

to one or the other. The object and the procedure prescribed by

the Public Premises (Eviction of Unauthorised Occupants) Act, 1958

are also similar to those of the Punjab Act. In view of this it is felt

that in order to meet the objection raised in the aforesaid judgment

of the Supreme Court regarding the validity of the Punjab Act,

suitable amendment should be made to the Public Premises (Evic-

tion of Unauthorised Occupants) Act, 1958 so that the alternative

remedy by way of suit that may be resorted to by the Estate Officer

;n his discretion is taken away.

2. The expression "public pn mises" as defined in clause (fa) of

section 2 of the Public Prpmises (Eviction of Unauthorised Occu-

pants) Act, 1958 does not include premises belonging to public

sector undertakings, namely, Government companies in which the

Central Government holds at least fifty-one per cent of its paid-up

share capital. These bodies are also faced, from time-to-time, with

the problem of unauthorised occupation of their premises by un-

authorised persons. It is impossible for such bodies to take speedy

action even in flagrant cases of unauthorised occupation of their

premises. It is, therefore, considered necessary to invoke the speedy

machinery of the Act for the eviction of persons who are in unautho-

rised occupation of the premises belonging to such bodies by

suitably amending the definition of the expression "public premises".

3. The Bill mainly seeks to achieve the above objects.

NEW DELHI;

JAGANATH RAO.

The Wth February, 1&68.

B. N. BANERJEE,

Secretary.

PRINTED IN INDIA BY THE GENERAL MANAGER. GOVERNMENT OF INDIA PRESS,

NXW DELHI AND PUBLISHED BY TTTC MANAGER OF PUBLICATIONS, DELHI, 1968