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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 13] NEW DELHI, THURSDAY, MARCH 14. I968/PHALGUNA 24, 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 14th March, 1968: —

BILL NO. 17 OF 1968

A Bill to provide for the withdrawal of certain sums from and out

of the Consolidated Fund of India for the services of a part of

the financial year 1968-69.

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

1. This Act may be called the Appropriation (Vote on Account) Short title.

Act, 1968.

(219)

22O THE GAZETTE OF INDIA EXTRAORDINARY [PAUT II

5 2. From and out of the Consolidated Fund of India there may be withdrawn sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of two thousand nine hundred and forty crores, seventy-five lakhs and forty-two thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1968-6&.

With- drawal of Rs. 29,40,75, 42,000 from and out of the Consoli- dated Fund of India for the financial year 1968-80.

Appro- priation.

3. The sums authorised to be withdrawn from and out of the Consolidated Fund by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 221

THE SCHEDULE

(See sect ons 2 and 3)

Sums not exceeding

Services and purposes

No. 5 °f Vote

Voted

by

Parliament

Total

Charged on the Consolidated Fund

Rs.

7,78,000

Ministry of Commerce

10 I

1,000

Foreign Trade

13J89.34>OOO

I3"89J33"O°O

3,38,04,000

Other Revenue Expenditure of the Ministry of Commerce

3>38,04.ooo

Ministry of Defence

14,71,000

15 5

1,52,50,67,000

1,67,000

1.52,52,34,000

•Defence Services—Effective .

•Details as in Annexure.

4,70,83JOOO

4,70,83,000

Defence Services—Non-effective

16,27,000

Ministry of Education

9>5^69JOCO

Education . . ..

9,51,69,000

22,89,000

Archaeology . . ..

22,89,000

2O 9

89,74,000

10 Survey of India

89,74,000

3,18,42,000

Grants to the Council of Scien- tific and Industrial Research .

3,18,42,000

Other Revenue Expenditure of

59,14,000

the Ministry of Education

2,98,86,000

External Affairs

3,34,22,000

3>34i32,ooo

Other Revenue Expenditure of the Ministry of External Affairs . . ..

46,44,000

Ministry of Finance

30 15

232 THE GAZETTE OF INDIA EXTRAORDINARY [PART II I 2 3

Sums not exceeding

Service and purpottes

No. of Vote

Voted

by

Parliament

Total 5

Charged on the Consolidated Fund

Rs.

1,15,41,000 Customs . . ..

2,15,33,000

8,000

Union Excise Duties

8,000

2,69,65=000

2,69,73'°oo 17

10 18

2,15,80,000

79,000

2,15,99=000 Taxes on Income including Corporation Tax3 etc. .

Stamps . . ..

89,71,000

89,71,000 19

20 Audit

5,78,000

3,81,61,000

3,75,83,000

31 Currency and Coinage

2,53,96,000

22 Mint

65,91,000

65,9IJOOO T5

Kolar Gold Mines

90,94,000

Pensions and other Retirement

§,16,000

Benefits . . ..

7,65,75,000

1,70,90,000

Opium . . . ..

2,50,07,000

29,000

Other Revenue Expenditure of the Ministry of Finance

6,80,83,000

6,81,12,000

27 Grants-in-aid to State and Union Territory Governments

37,61,70,000

55,96,48,000

93,58,18,000

28 Miscellaneous Adjustments bet- ween the Central, State and Union Territory Governments

4,70,000

4,70,000 *

Pre-partition Payments

44,000

1,16,000

1,60,000 ?9

CHARGED.—Interest on Debt and

other obligations and Reduction

or Avoidance of Debt

9O,Sf>,33,ooo

90,89,33,000 3o

22,29,40,000

22,29,40,000 CHARGED.—Payment of States' Share of Union Excise Duties

30 Ministry of Food, Agriculture, Community Development and Co-operation

27,01,000'

27,01,000 35

Agriculture . . ..

1,72,79,000

1,72,79,000 31

Payments to Indian Council of

Agricultural Reecarch .

2,42,87,000

Forest - . . ..

27,76,000

27,76,000 4Q 33

••

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 223 i 1 3

Sums not exceeding

Services ant) purposes -

Total No. of Vote

Voted 1 b> >

Parliament

Charged on the Consolidated Fund

1 1

Rs.

1 1

34 Other Revenue Expenditure

4,20,86,000

4,yi,ooo

,(,15,95,000 1

of the Ministry ot Food, Agri- culture, Community Deve- lopment and Co-operation

6,K2,O0O

6,R2,OOO

Minisuyof Health. Faniilv Planning and Urban Develop- ment .

3,84,74,000 Medical and Public Health

3.S4,14,000

16,47,000 Other Revenue Expenditure of the Ministry of Health, Family Planning and Urban Develop- ment

16,47,000

24,81,000 Minis Li\ of Home Affairs

24, R 1,000

11,17,000

Cabinet

4,84,000

4,42.000

40 Administration of Justice •

42,000

7,58,84,000 Police

7,58^4,000

21,91,000

42 Census . . ..

21,91,000

58,97,000

5*5,97,000

Statistics

Privy Purses and Allowanced of

1,20,74,000

7,20.30,000

Indian Rulers

44,000

3,13,000 Territorial and Political Pensions

3,13,000

6,24,99^000

2.41,000

6,22,58,000

Delhi .

1,03,40,000

3,76,000

99,64,000

Chandigarh

1,19,38,000 48

T,I9,3K,OOO

Andaman and Nicobar Islands

4,11,30,000

      49   Tribal  Areas
      50   Dadra  and Njpar  H.ueli  Area  .        9,39,000                          9,39,000
      Si   Laccadive,  Mtnicoy  and  Amin-
             divi  Islands                         17,98,000                         17,98,000
35

1,79,08,000

Other Revenue Expenditure of the Ministry of Home Affairs

13,21,000

Ministry of Industrial Develop- ment and Company Affairs

74,91,000

1,67,000

73,24.000

Industries

) 54

10,02,000

Salt

224 THE GAZETTE OF INDIA EXTRAORDINARY [PART H T 2 3

Sums not exceeding

Service and purposes

No of Vote

Total

Voted

by

Parliament

Charged on the Consolldatec

Fund

Rs.

5<5

10 Other Revenuo Expenditure of the Ministry of Industrial De- velopment and Company Affairs . . ..

18,97,000

Ministry of Information and

Broadcasting

3,49,000

Broadcasting . . ..

1,69,16,000

1,69,16,000 T<

59 Other Revenue Expenditure of the Ministry of Information and Broadcasting

1,01,02,000

Ministry of Irrigation and Power

5,92,000

Multl-purpoae River Schemes .

37,61,000

62 Other Revenue Expenditure of the Ministry of Irrigation and Power . . ..

1,43,09,000

Ministry of Labour, Employment

and Rehabilitation

13,62,000

Director General, Mines Safety

8,87,000

8,87,000 25

HI V t-

Labour and Employment

2,53,10,000

1,000

2,53,11,000

Expenditure on Displaced Per-

sons

2,14,71,000

7,000

2,14,78,000

3o Other Revenue Expenditure of the Ministry of Labour, Em- ployment and Rehabilitation.

3,03,000

Ministry of Law

iij47,ooo

11,47,000

Other Revenue Expenditure of

the Alini3try of Law

27,22,000

37,32,000

70    Ministry  of Petroleum  and C h e-
        micals         .    .    ..             4,80,000                          4,80,000
71   Other  Revenue  Expenditure  of
        the  Ministry  of Petroleum and
        Chemicals      .    .    ..

14,21,000

40 Ministry of Steel> Mines and

Metals . . ..

6,63,000

Geological Survey .

1,83,48,000

1,83,48,000 73

74 Other Revenue Expenditure of t he Ministry of Steel, Mines and Metals . . ..

2,91,97,000

29,000

2,92*26,000 45

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 225

Sums not exceeding

Services and purposes

No. of Vote

Total

Voted

by

Parliament

Charged on the Consolidated Fund

Rs.

Wnistry of Tourism and Civil

3,25,000

Aviation . . ..

62,50,000

Vleteorology . . ..

2,02,17,000

Aviation . . ..

IO 77

36,55,000

Other Revenue Expenditure of the Ministry of Tourism and Civil Aviation . . . 1

Ministry of Transport and Ship-

22,46,000

ping

2,55,68,000

Roads .

39,73,000

Mercantile Marine .

39)73>o°° 8i

23,23,000

Lighthouses and Lightships

64,84,000

Other Revenue Expenditure of the Ministry of Transport and Shipping . . ..

Ministry of Works, Housing and

18,61,000

Supply . . ..

6,64,30,000

7,66,000

6,56,64,000

Public Works

2,24,43,000

Stationery and Printing .

25 86

69,75,000

Supplies and Disposals .

32,20,000

33,000

31,87,000

Other Revenue Expenditure of the Ministry of Works, Hous- ing and Supply .

5,04,000

••

Department of Atomic Energy .

30 ⁸*

2,80,51,000

Other Revenue Expenditure of the Department of Atomic Energy . . ..

2,33,000

Department of Communications

45,90,000

: 45,90,000

Overseas Communications Servic<

35 92

Posts and Telegraphs (Working

3,000

34,31,31,000

34J3I.33J0OO Expenses) . . ..

4,72,03,000

4>72,03,ooo

Posts and Telegraphs—Dividend to General Revenues, Appro- priations to Reserve Funds and Repayment of Loans from General Revenues

226 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

Sumsnot exceeding

facrvit-iis JIKI pvirpoMc-.

No. of Vote

Total

Voted

by

Parliament

Charged on the Consolidated Fund

Ks.

Rs.

Ru.

95 O t h er R e v e n ue l i x p c n d i l u vt of t he D e p a r l m c iu o f C o m m u n i- cationt* . . ..

5,75,000 I⁰

5^75.00°

D e p a r t m e nt ol P a r l i a m e n t a ry

1,10,000

1,10,000 Affair*. . . ..

3,10,000 D e p a r t m e nt of Social Welfare

3,10,000

15 98 O t h er R e v e n ue E x p e n d i t u re of d ie D e p a r t m e nt of Social W e l f a re . . ..

66,97,000

26,50,000

P l a n n i ng C o m m i s s i on

26,50,000 99

L ok S a b ha . . ..

26,63,000

1 00

26,75,000

12,000

Rajya S a b ha . . ..

9,80,000

9,92,000 1 01

IJ,000

CHARGED,—StaJ), Homehold and

Allowance* of the President

0,16,000 20

6,16,000

Secretariat of the Vlcc-Prct,i-

1 02

49,000

dent

49,000

C H A R G E D .—U n i on Public Service

Commission . . ..

14,49,000 2J

14,49,000

Capital Outlay ol tht- Ministry

103

11,49,000

of Commerce

21,75.83,000

21,81,67,000 Defence Capital Outlay .

TO4

$,84,000

CapitalOutlay of the MimsLrj of

TO5

Education . . ..

11,05,000

u,o5,coo 3Q

Capital Outlay on the India

T06

7,87,000

Security Press

Capital Outlay on Currency and

107

3,26,59,000

Coinage . . ..

13,14,000

108 Capital Outlay on Mints .

I3,i4)°co 35

Capital Outlay on Kolai Gold

T09

19,04,000 M i n es . . ..

19,04,000

1 10

So,33,ooo

80,08,000

Commuted Value of Pensions ,

2$,0O0

I II Other Capital Outlay of the

44,17,000

44,17,000 40 Ministry of Finance

SEC. 2] THE GAZETTE OF INDIA ffiXTRAQBDlNAR-tf itf I 3 2

not exceeding

Sums

Services and purposes

larged on the

No. of j Vote

Total

Voted

by

Parliament

Consolidated Fund

Rs.

112

8,62,64,000

Capita] Outlay on Grants to State Governments for Deve- lopment . . ..

Locins and Advances by l-ic

86,53,57,000

i,4i,97,oo>ooo

2J29,50.57>OOO

Central Government

9,08,00,00,000

19,08,00,00,000

CHARGED.—Repayment of Debt

Purchase of Foodgrains and

T I4

1,44,70,64,000

17,000

1,44,70,81,000

Fertilizers

4,49,T9,000

18,000

4,49,37,000 Other Capital Outlay of the Ministry of Food, Agricul- ture, Community Develop- ment and Co-opcijiiovi

²⁰ H6

2,63,43,000

Capital Outlay of the Ministry of Health, Family Planning and Urban Development .

3,94,59,000

4,16,90,000

[21,50,000

Capital Outlay in Union Ter- ritories and Ti ibal Areas

118

12,53,000

Other Capital Outlay of _ the Ministry of Home Affairs

119

1,72,32,000

Capital Outlay of the Ministry ol Industrial Development and Company Affairs

1 20

1,33^79,000

I533>79JO0O

Capital Outlay of the Ministry of Information and Broad- casting . . ..

121 Capital Outlay on Multi-pur-

2,97;29JOOO

2,97,29,000

pose River Schemes

1 22

2,62,69,000

Other Capital Outlay of the Ministry of Irrigation and Power . . ..

Capital Outlay of the Ministry

123

of Labour, Employment,

1,05,46,000

2,000

1,05,48,000

and Rehabilitation

4° 124

3,02,85,000

Capital Outlay of the Ministry of Petroleum and Chemicals

125

23,37,76=000

Capital Outlay of the Ministry of Steel, Mines and Metals .

58,000

1,35,09,000

Capital Outlay on Aviation

i,34,5 ^oo

126

1291 G. of I—2

iaS THM GAZEfrrt OF INDIA ttfemAontttttAA? [f ART It I 2 3

J Sums not exceeding

Services and purposes

No. of Vot.

⁵

Voted by

Parliament

Total

Charged on the Consolidated

Fund

Rs.

137

97."3,OOQ

Other Capital Outlay of t hi Ministry of Tourism and Civil. Aviation .

97.63,000

6,88,46,000

Capital Outlay on Roads

6,88,88,000 I⁰

42,000

128

35.83.coo

Capital Outlay on Ports

35,83,000 139

1 30

46,61,000

46,61,000 Other Capital Outlay of th" Ministry of Transport and Shipping . . ..

1,15,17,000

131

X,5o,ooo

1,16,67,000

Delhi Capital Outlay

Capital Outlay on Public

1 32

1,24,17,000

Works . . ..

1,25,00,000

83,000

*33

2,95,000

2,95,000 ²⁰ Other Capital Outlay of the Ministry of Works, Housing and Supply

Capital Outlay of the Depart-

134

7.95J83.OOO

7.95.83,000 ment of Atomic Energy

13*

10,25,25,000

10.25.25.000 25

Capital Outlay on Posts and Telegraphs (Not met from Revenue) . . ..

136

95,84,000

95J"4JOOO

Other Capital Outlay of the Department of Communi- cations . . ..

7>3<5>85,55,ooo

29.40.75)42.000

2,03,89,87,000

GRAND TOTAL

Sac. 2] THE GAZETTE OF INDIA EXTRAOEDINARY 229 _ . . tuj>

ANNEXURE

DETAILS IN RBSPECT OF DBFENCB SERVICES—EFFECTIVE, SPECIFIED IN

ITEM 5 OF THE SCHEDULE

Sums not exceeding

Voted by Parliament

Total

Charged on the Consolidated Fund

Rs.

R".

Army (including De- fence Production).

1,18,11,57,000

1,18,13,00,000

1,43,000

Navy

6.37)00,000

7,000

e^s^^o

Air Force

28,02,34.000

28,03,17,000

17,000

1.53*50167,000

M 2 > 5 2 J 3 45O OO

f1,67,000

230 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

STATEMENT OF OBJECTS AMD REASONS

This Bill is introduced in pursuance of article 114(1) of the Constitution of India, read with article 116 thereof, to provide for the appropriation out of the Consolidated Fund of India of the moneys required to meet the expenditure charged on the Consolidated Fund and the grants made in advance by the Lolt Sabha in respect of the estimated expenditure of the Central Government, excluding Rail- ways, for a part of the financial year 1968-69.

MORARJI DESAI.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. F.3(9)-B/68, dated the 8th March, 1968 from Shri Morarji Desai, Deputy Prime Minister and Minister of Finance to the Secretary, Lok Sabha.]

The President having been informed of the subject matter of the proposed Bill to authorise payment and appropriation of certain sums from and out of the Consolidated Fund of India for the ser- vices of a part of the financial year 1968-69, recommends under article 117(1) and (3) of the Constitution of India read with article 116(2) thereof, the introduction of the Appropriation (Vote on Ac- count) Bill, 1968 in the Lok Sabha and also the consideration of the BUI.

2. The Bill will be introduced in the Lok Sabha immediately after the Demands for Grants, 'on account' for expenditure of the Central Government (excluding Railways) for the year 1968-69 have been voted.

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 231

BILL NO. 8 or 1968

A Bill farther 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,

1968.

Short title.

* 2. In article 16 of the Constitution, in clause (4), the following

shall be added at the end, namely: —

Amend- ment of article 1", "and fpr providing employment, promotions, etc., to them",

232 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

3. For article 335 of the Constitution, the following article shall

be substituted, namely: —

Substitu- tion of article 338.

"335. The claims of the members of the Scheduled Castes, Scheduled Tribes and other backward classes shall be taken in- to consideration in the making of appointments, providing em- 5 ployment and promotions to services and posts in connection with the affairs of the Union or of a State".

Claims of Scheduled Castes, Scheduled Tribes and other backward classes to services •nd posts.

SEC. i] Tttfc GAZETTE OF ifrtJIA fiJtTfcAOHittttt AftY 233

STATEMENT OF OBJECTS AND REASONS

In their judgement dated the 29th September, 1967 in the C.A. Rajandran versus the Union of India and others, the Supreme Court has held that article 16 (4) does not confer any right on the petitioner and there is no constitutional duty imposed on the Government to make a reservation for Scheduled Caste and Scheduled Tribe can- didates, either at the initial stage of recruitment or at the stage of promotion.

Although article 340(1) of the Constitution provides for the ap- pointment of a Commission to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommenda- tions as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their conditions, noth- ing substantial has so far been done in this regard. It is, therefore, necessary to make specific provisions in the Constitution for such matters.

Hence the Bill,

NEW DELHI; RAM SEWAK YADAV.

The 22nd January, 1968.

2^4 *HE GAZETTE OF INDIA EXTRAORDINARY [PART II

BILL NO. 11 OF 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. In article 75 of the Constitution, clause (2) shall be omitted. " Amend- ment of article 75.

SEC, 2] THE GAZETTE OF INDIA EXTRAORDINARY 235

3. In article 164 of the Constitution, in clause (1), the words "and the Ministers shall hold office during the pleasure of the Governor" shhll be omitted.

Amend- ment of article 164,

236 TiiE GAZETTE OF INDIA EXTRAORDINARY [PART II

STATEMENT OP OBJECTS AND REASONS

According to the established traditions and practices of parlia- mentary democracy and responsible Government, the Chief Executive of the State in India both in regard to the Union Govern- ment i.e., the President of the Republic and also in regard to Gov- ernment of a S'tate, i.e., the Governor, is to function as a constitutional head, who carries out the clearly expressed wishes of the majority in the popularly elected House of the Legislature. The functions of the President and the Governor are, therefore, exercised with the aid and ativice of their Council of Ministers, who are collectively responsible to the popularly elected Legislature. This has been provided in the Constitution under articles 74(1), 75(1) and 75(3) in regard to the Centre and under articles 163(1), 164(1) and 164(2) in regard to the States. In this background, the power given by the Constitution to the President of the Republic, in regard to the appointment and dismissal of the Prime Minister and the Council of Ministers of the Union Government and the similar power given to Governors oi States, in regard to the appointment and dismissal of the Chief Ministers and the Councils- of Ministers of the State Governments, are clearly intended to be so exercised as to ensure the scrupulous reflection of the formally registered decision of the majority in Lok Sabha or the State Assembly, as the case may be. This logically implies that the tenure of office of the Council of Ministers in both cases is dependent on the will of the majority of the elected House of the Legislature i.e., Lok Sabha or the State Assembly concerned. The Council of Ministers must be dismissed from office only with a prior decision, registered in the House of the Legislature concerned and not, in any case, on the basis of a subjective judgment on the part of the Chief Executive of the State whether the President or the Governor of the State if the Council of Ministers has lost the confidence of the majority. In order to remove any misunderstanding or misinterpretation of the provisions of the Constitution in this regard, all references to the Council of Ministers holding office 'during the pleasure' of the President, or of the Governor, are sought to be deleted from articles 75 and 164 of the Constitution.

NEW DELHI; TRIDIB CHAUDHURI.

The Uth February, 1968.

SEC. 2J THE GAZETTE OF INDIA EXTRAORDINARY 2 37

BILL NO. 13 OF 1968

A Bill to amend the Commissions of Inquiry Act, 1952.

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

(Amendment) Act, 1968.

1. (1) This Act may be eallftd tbe Commissions of Inquiry Short title and com- mence- (2) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint.

238 THE GAZETTE OF INDIA EXTRAOBDINABY [PACT II

00 of 1062.

2. In section 3 of the Commissions of inquiry Act, 1952, to sub- section (1), the following further proviso shall be added, namely: —

.ena- nl of ;tlon3.

"Provided further that where the Central Government appoints a one-man Commission for the purpose of making an inquiry into any definite matter of public importance with refer- ence to any member of the Council of Ministers of the Union or of any State, then such Commission shall consist of only a sitting or retired Judge of the Supreme Court of India."

SEC. 21 THE GAZETTE OF INDIA EXTRAORDINARY 239

STATEMENT OF OBJECTS AND REASONS

The Commissions of Inquiry Act, 1952 was enacted in order to authorise the Government to appoint an inquiring authority on any matter of public importance, whenever considered necessary or when a demand to that effect is made in the House of the People or in Legislative Assembly of a State. If such an enquiry is with refer- ence to any member of the Council of Ministers of the Union or of tiny State, then it is of much public importance and in order to inspire confidence it would be in fitness of things to entrust the same only to a person who has worked or is working as a Judge of the Supreme Court of India. Such entrustment is desirable inasmuch as a sitting or retired Judge of the Supreme Court can have no higher appointment or promotion whereas the possibility of allurement or "f an offer of promotion to higher appointment cannot be ruled out tor a person of a lesser status. With this object in view the appro- priate amendment in the aforesaid Act is desirable.

Hence this Bill.

OM PRAKASH TYAGI.

NEW DELHI;

The 12th February, 1968.

S. L. SHAKDHER,

Secretary.

PRINTED IN INDIA BY THE GEOTRAL MANAGER, OOVEHNMENT OF INDIA PRESS, NTW DELHI ANT PUBLISHED BY THE MANAGER OP PUBLICATIONS, DELHI, UHJ8

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