REGISTERED No. D. 221 राजस्टर्ड सं ० डी ० 221
भारत का राजपत्र The Gazette of India
प्रसाधारण
EXTRAORDINARY
भाग II-खण्ड-2
PART I- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, अहस्पतिवार , अप्रैल 11, 1968 / चैत्रा 22, 1880
सं० 23]
No. 23 ] NEW DELHI , THURSDAY , APRIL 11 , 1968 / CHAITRA 22 , 1890
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABНА
The following Bills were introduced in Lok Sabha 11th April , 1968 :- on the
BILL No. 34 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.
article 31A.
5 2. In sub -clause ( a ) of clause ( 2) of article 31A of the Constitu- Amend- tion , for the word " Madras " , the word " Tamilnadu " shall be substi tuted. ment of
3. In sub - clause ( a) of clause ( 1 ) of article 168 of the Constitu- Amend . tion, for the word "Madras " , the word " Tamilnadu " shall be substi- ment of 10 tuted. article 168.
(395) THE GAZETTE OF INDIA EXTRAORDINARY PART II 396
4. In article 290A of the Constitution , for the word " Madras " . the word " Tamilnadu " shall be substituted .
Amend- ment of article 290A.
Amend- ment of the First Schedule ,
5. In the First Schedule to the Constitution , under the heading " I. The States " , in the column containing the names of the States , in entry 7, for the word " Madras " , the word " Tamilnadu " shall be 5 substituted .
6. In the Fourth Schedule to the Constitution , under the heading " Table" , in the column containing the names of the States , in entry 8 , for the word " Madras " , the word " Tamilnadu " shall be substituted.
Amend- ment of the Fourth Schedule, THE GAZETTE OF INDIA EXTRAORDINARY
397 SEC . 2 ]
STATEMENT OF OBJECTS AND REASONS
In a democracy , the legitimate wishes and aspirations of the people should be respected by the Government . The people of Tamilnadu have long been agitating for a change in the name of Madras State to " TAMILNADU " . The nomenclature of " Madras State" was given by the British and now that the composite State of Madras has been reorganised on linguistic basis , the present resi- duary State of Madras should have been named as ' Tamilnadu' , which is in full conformity with its historical , linguistic and cultural traditions . Even now , the Government of Madras use the word " Tamilnadu " in their statements and publications in Tamil ; but the English versions do not employ the word " Tamilnadu " , as , it is said , there is no constitutional sanction for it . It is but proper that the sentiments and aspirations of the millions of Tamilians should be respected and the name of the State changed to " TAMILNADU" .
Hence this Bill .
NEW DELHI ;
ERA SEZHIYAN.
The 18th March , 1967 .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 398
E
BILL NO . 32 OF 1968
A Bill to consolidate and amend the law relating to the grant of pension , gratuity and Dearness Allowance payable by the Cen- tral Government to its employees , or their dependents , retirement , voluntary or otherwise , or on death of the Govern- ment Servant . on
BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
Short
1. ( 1 ) This Act may be called the Indian Pensions Act , 1968 .
5 title .
extent and com- mence- ment , 399 SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
(2) It shall extend to the whole of India but shall not apply to persons serving in ALL INDIA SERVICES or in any wing of the Armed Forces of the country.
( 3 ) It shall come into force at once .
2. In this Act , unless the context otherwise requires ,-
5
Defini- tions .
(a ) " dependents " mean and include a wife , husband , parents . child , minor brother , unmarried sister , deceased son's widow and children and where no parent is alive , a paternal grand parent;
10
(b ) " emoluments " include salary and Dearness Allowance and other allowances paid to an officer or servant ;
15
(c) "pensioner " means and includes a person , who served the Central Government and has retired or retires voluntarily or otherwise after this Act comes into force , and is getting or hereafter becomes entitled to get a pension under this Act ;
(d) " pension " means the emoluments being paid or hereafter become payable to a Central Government servant on retirement ; and includes the amount of Dearness Allowance , by whatever name it may be called , payable to the pensioners ;
20
( e ) " salary " includes monthly pay and allowances other than the Dearness Allowance paid to an officer or servant .
CHAPTER II
Rights to pension , gratuity and Dearness Allowance
3. Every officer or servant of the Central Government , who has 25 completed five years of service , shall , on retirement owing to infir- mity or invalidation , be entitled to get gratuity as hereinafter pro- vided in section 5 .
Retire- ment owing to infirmity or invali . dation .
4. An officer or servant of the Central Government , who retires or is retired after completion of ten years of service shall be entitled 30 to get gratuity , pension and dearness allowance as provided herein- after in sections 5 , 6 and 7 respectively .
Retire- ment on comple- tion of ten years of service ,
Payment of gra-
35
5. An officer or servant of the Central Government , who retires in the manner indicated in sections 3 or 4 shall for every five years of service or part thereof be paid gratuity at five times the average tuity, monthly emoluments drawn by him during the last three months of that period :
THE GAZETTE OF INDIA EXTRAORDINARY
[FART II 400
Provided that the amount of gratuity payable shall in no case be less than twelve times and more than twenty times the average monthly emoluments aforesaid.
Payment of pen- sion,
6. An officer or servant of the Central Government shall on re- tirement under section 4 above be paid monthly pension of an amount 5 equal to two-thirds of the salary drawn by the officer or servant concerned in the last month immediately preceding the date of his retirement , or the average mnothly salary drawn by him during the last six months preceding his retirement , whichever is greater .
Payment ofDear- ness Al- lowance ,
15 7. In addition to the pension payable under section 6 above , an 10 officer or servant of the Central Government shall on retirement und'r section 4 above , be also paid the same dearness allowance from time to time on the amount of pension granted under section 6, as is paid to the officers or servants serving under the Central Government .
CHAPTER III
Gratuity , Pension and Dearness Allowance payable to dependents
8. If an officer or servant of the Central Government dies while in service , his dependents shall be paid for a period of 12 years the same amount of gratuity , pension and dearness allowance as the 20 officer or servant would have got on retirement under sections 3 and 4 above .
Payments to depen dents in case of death while in service .
9. If an officer or servant of the Central Government dies after retirement , his surviving widow shall be paid till she survives the same amount of pension and dearness allowance as the officer or 2 servant would have received during his life time .
Payment to widow in case of death after re- tirement .
10. If an officer or servant of the Central Government dies within 15 years of his retirement and has left no surviving widow , his other ' dependents shall be paid for the remaining period of 15 years the same amount of pension and dearness allowance , which the officer or servant would have received had he been living .
Payment to depen- dents in case of death within 15 years of retire- ment .
CHAPTER IV
Miscellaneous Provisions
11. ( 1 ) If a retired officer or servant of the Central Government desires to commute a part of the amount of monthly pension paid to
5 Commu- tation of pension.
SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
401
hım under section 6 of the Act , he shall give a written notice to this effect to the Government concerned.
(2) On receipt of the aforesaid notice , the Central Government shall pay to the officer or servant an amount , which shall be 250 5 times the amount of pension concerned:
Provided that not more than half the amount of the monthiy pension payable under section 6 of the Act shall be allowed to be commuted .
10 12. The officers or servants of the Central Government , who have retired before the coming into force of this Act , shall , from the date of its commencement , be paid in addition to the amounts of thour monthly pension, the same amount of dearness allowance on the amount of pension drawn by them as is paid from time to time to officers or servants serving under the Government .
Payment ofDear- ness Al- lowance sioners whe re- to tired be- fore com- mence- ment of lisAct .
15 13. The provisions of sections 8 , 9 , 10 and 11 shall apply to all officers or servants of the Central Government who have retired before the coming into force of this Act .
Applica- tion of sections 8 to 11 to pension- ers who retired before com- mence- ment of this Act .
14. ( 1) An officer or servant of the Central Government may at any time while in service nominate any one or more of his depen- 20 dents to receive after his death the gratuity , pension and Dear- ness allowance payable under this Act . Payment to such a nominee shall relieve the Government of all liabilities arising out of any claim under this Act .
Nomina- tion of depen- dents for purposes of gra- tuity, Lension (2 ) In the event of the officer or servant having failed to nominate etc. -25 any of his dependents as aforesaid , the Government shall cause enquiries to be made to find out if the deceased has left any depen- dents , and if so , shall pay to such dependent whatever is ad- missible under this Act .
15. No amount of gratuity , pension or Dearness Allowance pay- able under this Act shall be liable to seizure or attachment by any 30 Court .
from Inmunity seizure or attach- ment .
THE GAZETTE OF INDIA EXTRAORDINARY
[ RT II 402
5 16. In addition to the amount of gratuity , pension or dearness allowance payable under this Act , all officers or servants of the Central Government shall on retirement be given the same medical and educational facilities as are given from time to time to serving officers or servants of the Central Government .
Other pension- ary bene- fits as to medical or educa tional facilities .
Repeal
XXIII of 1871.
17. The Pensions Act , ( XXIII of 1871 ) and all rules , regulations or orders under which pensions are so far being paid to Central Government officers or servants are hereby repealed from the date this Act comes into force .
THE GAZETTE OF INDIA EXTRAORDINARY
403
SEC . 2 ]
STATEMENT OF OBJECTS AND REASONS
The present pension rules do not meet the genuine demand of Government pensioners. These were framed during the British times . The Government of India has revised them but still they do not provide for adequate . pension , gratuity and dearness allow- ance to dependents . Commutation Scheme also does not take into consideration the changes in expectancy of life.
Governments in Europe , America and Asia have changed pension regulations and rules many a time by appointing Commissioners . The Government of India has so far not done it .
In spite of sharp rise in cost of living the pensioners have not been paid adequate dearness allowance .
It is essential that statutory provisions should be made to regu- late these matters .
Hence this Bill.
CHAUDHARY NITIRAJ SINGH
NEW DELHI;
The 27th February , 1968 .
IFART II THE GAZETTE OF INDIA EXTRAORDINARY
404
=
FINANCIAL MEMORANDUM
The scheme of this Bill is to provide adequate pension , gratuity , dearness allowance to dependents of Central Government employees on retirement .
The Bill also provides for a revised procedure for commutation of pensions .
The actual expenditure which the Central Government would be required to incur for implementing the provisions of this Bill , cannot be correctly estimated , but it is likely to be about rupees one crore per year .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
405
BILL NO . 33 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. ( 1 ) This Act may be called the Constitution (Amendment ) Act , 1968.
Short title and com- (2) It shall come into force on such date as the Central Govern- ment may , by notification in the Official Gazette , appoint .
mence- ment .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 406
2. For article 220 of the Constitution , the following articles shall be substituted , namely : -
Substi. tution of article 220.
" 220. No person who , after the commencement of this Constitution , has held office as a Judge or Additional Judge of a High Court shall plead or act in any court or before any autho- 5 rity in India except the Supreme Court and the other High Courts .
Restric- tion on practice after being a Judge.
Prohibi- tion as to the holding of offices.
220A . No person who , after the commencement of this Constitution, has held office as a Judge or Additional Judge of a High Court shall be eligible for further office either under the 10 Government of India or under the Government of any State after he has ceased to hold his office ."
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2 ]
407
STATEMENT OF OBJECTS AND REASONS
Our Constitution contains various safeguards to ensure the independence of Judges when they are in office , but it provides none for this very independence in so far as it may be affected by prospects after Judges' retirement . Appropriate provisions exist which debar the Comptroller and Auditor - General of India and the members of the Union and State Public Service Commissions from employment by the Union or the State Governments after their re- tirement but such provisions at present do not exist in the case of High Court Judges where similar considerations do apply . Article 220 of the Constitution is only applicable to persons who have been permanent Judges of a High Court. Itis essential that restriction on practice and prohibition as to the holding of office after retire- ment should also apply to a person who has worked as a Judge or Additional Judge of a High Court in India . It has happened , as a matter of fact , that a person working as an officiating Judge of a High Court before confirmation and after resigning starts practice in that very court where he once sat as a Judge . The Law Com- mission has also testified that the existing provisions are not satisfac- tory and can affect judicial independence . Thus the proposed amendments are necessary for ensuring and strengthening judicial independence which is absolutely necessary for enforcing the rule of law.
Hence this Bill .
OM PRAKASH TYAGI .
NEW DELHI;
The 4th March , 1968 .
S. L. SHAKDHER ,
Secretary .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1968