Servants of Knowledge
Extraordinary Gazette of India · Government of India

Subject NOT available

Published 15 November 1968

Ministry
Ministry NOT available
Type
Extra Ordinary
Download
GV_Content_Detail$ctl14$lnkflname_Pdf_Img
Gazetteid
E-1587-1968-0052-70688
Identifier
in.gazette.csl_extraordinary.1968-11-15.E-1587-1968-0052-70688
Languages
English, Hindi
Published at
Original source ↗

click here for IIIF manifest

REGISTERED No. D 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 52] NEW DELHI, FRIDAY, NOVEMBER 15, 1968/KARTlK 24, 1890

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 15th

November, 1968: —

BILL NO. 97 OP 1968

A Bill further to amend the Indian Railways Act, 1890

BE it enacted by Parliament in the Nineteenth Year of the

Republic of India as follows :—

1. This Act may be called the Indian Railways (Amendment) Short title.

Act, 1968.

9 of 1890

2. In the Indian Railways Act, 1890 (hereinafter referred to as the principal Act), after section 100, the following sections shall be inserted, namely: —

Insertion of new sections 100A and 100B.

"100A. If a railway servant, when on duty, is entrusted with any responsibility connected with the running of a train, rail-

10 car or any other rolling-stock from one station or place to an-

other station or place, and he abandons his duty before reach-

Abandon- ing.train, etc., without authority.

(1181)

874 G. of I.—1.

1182 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

Ing such station or place, without authority or without pro- perly handing over such train, rail-car or rolling-stock to an- other authorised railway servant, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five hundred rupees, or with 5 both.

100B. If a railway servant, when on duty or otherwise, or any other person obstructs or causes to be obstructed or attempts to obstruct any train, rail-car or other rolling-stock upon a rail- way, by squatting, picketing, keeping without authority any io rolling-stock on the railway or tampering with signal gear or otherwise, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may exten 1 to five hundred rupees, or with both.".

3. In section 131 of the principal Act, in sub-section (1), for the ^ Amend- ment of section 131.

figures "100, 101", the figures and letters "100, 100A, 1O0B, 101" shall be substituted.

20 Amend- ment of section 148

4. In section 148 of the principal Act, in sub-sections (2) and (2), for the figures "100, 101", the figures and letters "100, 100A, 100B. 101" shall be substituted.

10 oi 19fifi 5. (1) The Indian Railways (Amendment) Ordinance, 1968, is hereby repealed.

Repeal and saving

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act 2? as amended by this Act, as if this Act had come Into force en the 14th day of September, 1968.

SKC. 2] THE GAZETTE OP INDIA EXTRAORDINARY 1183

STATEMENT OF OBJECTS AND REASONS

Chapter IX of the Indian Railways Act, 1890, contains provisions for penalties for certain offences such as maliciously wrecking or attempting to wreck a train, maliciously hurting or attempting to hurt persons travelling by railway, endangering safety of persons travelling by railway by wilful act or omission, endangering safety of persons travelling by railway by rash or negligent act or omis- sion, etc. These provisions are however not adequate to deal effec- tively with obstruction to the running of trains by abandonment thereof by railway servants, or by squatting, picketing or other means either by railway servants or by others. Tn order to pro- vide penalties for such obstructions also, the Indian Railways (Amendment) Ordinance, 1968, was promulgated by the President on the 14th September, 1968.

2, The Bill seeks to replace the Ordinance by an Act of Parliament.

Dated the 4t/i November, 1968. PARIMAL GHOSH.

It8.i THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II

STATEMENT OF OBJECTS AND REASONS

Under section 5(2) of the Delhi High Court Act, 1966, the High Court of Delhi has ordinary original civil jurisdiction in every suit the value of which exceeds Rs. 25,000. It has been found that this limit in civil suits is too low for a metropolitan place like Delhi and leads to accumulation of arrears. In the interest of speedy disposal of work in the High Court, it is proposed to raise the limit specified in section 5(2) from Rs. 25,000 to Rs. 50,000. It is proposed to make similar amendment in section 17(3) of the Act under which the High Court of Delhi has such original jurisdiction in respect of the Union territory of Himachal Pradesh.

2. Opportunity is being taken to include a provision in the Act that the salaries and allowances of the Judges of the High Court of Delhi shall be expenditure charged on the Consolidated Fund of India on the lines of the corresponding provision relating to the Judges of the State High Courts in article 202 (3) (d) of the Consti- tution. Clause (3) of article 112 of the Constitution does not ex- ;.ires3ly provide for the salaries and allowances of Judges of the High Court for a Union territory being charged on the Consolidated Fund of India and it is therefore necessary to make such a provision under sub-clause (g) of that clause which empowers Parliament to declare any expenditure to be so charged.

3. The Bill is intended to give effect to the above objects.

NEW DELHI; VIDYA CHARAN SHUKLA.

The nth October, 1968.

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

[Copy of letter No. 16/29/67-Judl. I/HI, dated the 4th November, 19fi*', from Shri Vidya Charan Shukla, Minister of State in the Min- istry of Home Affairs to the Secretary, Lok Sabha.]

The President having been informed of the subject matter of the Delhi High Court (Amendment) Bill, 1968, recommends the intro- duction of the Bill in the Lok Sabha under article 117(1) of the Constitution of India.

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1185

Amend- "ient of section 5 3. In sub-section (2) of section 5 of the principal Act, for the words "twenty-five thousand rupees", the wortis "fifty thousand rupees" shall be substituted

4. In sub-section (3) of section 17 of the principal Act, in clause

5 (b), for the words "twenty-five thousand rupees", the words "fifty

Amend- ment of section 1".

thousand rupees" shall be substituted.

Punjab Act VI tl 1918.

5. (1) In section 25 of the Punjab Courts Act, 1918, as in force in the Union territory of Delhi, for the words "twenty-five thousand rupees", the words "fifty thousand rupees" shall be substituted.

Amend- ment of certain laws.

I0 (2) In the Himachal Pradesh (Courts) Order, 1048, in paragraph 20, tor the words "twenty-five thousand rupees", the words "fifty thousand rupees" shall be substituted.

6- The Chief Justice of the High Court of Delhi may transfer

any suit or other proceedings which is or are pending in the High 15 Court immediately before the commencement of this Act and in which no witnesses have been examined before such commencement to such subordinate court in the Union territory of Delhi or, as the case may be, Himachal Pradesh as would have jurisdiction to enter- tain such suit or proceedings hod such suit or proceedings been in-

20 stituted or filed for the first time after such commencement.

Power of Chief Justice to transfer pending suits and proceed- ings to subordi- nate courts.

ng6 THE GAZETTE OF INDIA EXTRAOItDINARY [PART U

BILL NO. 95 OF 1968

A Bill to amend the Delhi High Court Act, 19W5.

BE it enacted by Parliament in the Nineteenth Year of the

Rtpublic of India as follow*: —

1. (1) This Act may be called the Delhi High Count (Amend-

ment) Act, 1908.

Short titlt and com- mence- ment.

(2) It shall come into f

5 ment may, by notification in the Official Gazette, appoint.

26 011968 2. In the Delhi High Court Act, 1966 (hereinafter referred to &i the principal Act), after section 3, the following section shall be in- serted, namely: —

Insertion of new section 3A. Salaries

10 "3A. Expenditure in respect of the salaries antt allowances of Judges of the High Court of Delhi shall be expenditure charged on the Consolidated Fund of India.".

and allow- ances of Judges to be expen- diture charged on Consolidate! Fund d India.

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11S7

BILL N O. 68 OF 1968

A Bill further to amend the Constitution of India,

BE it enacted by Parliament in the Nineteenth Year of tht

Republic of India as follows :—

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

Act, 1968.

Short title and commen- cement.

5 (2) It shall come into force on such date as the Central Govern

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

H88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

2. To article 130 of the Constitution, the following proviso shall

be added, namely: —

Amend- ment of article 130.

"Provided that a permanent Bench of at least three Judges

shall be located In Bangalore.".

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1189

STATEMENT OF OBJECTS AND REASONS

Even though under article 130 of the Constitution, the Chief Justice of India is empowered to arrange sittings of the Supreme Court outside Delhi, this power has not so far been exercised. It has, therefore, become necessary to make the provision a mandatory one.

Hence the Bill.

YASHPAL SINGH.

NEW DELHI; The 17th July, 1968.

I!90 THE GAZETTE OF INDIA EXTRAORDINARY [PAIIC II

FINANCIAL MEMORANDUM

Some expenditure is inevitable for initially assembling judges, officers and staff of the Bench in Bangalore. It is difficult to estimate the exact amount of non-recurring expenditure but it will not exceed Ra. 50,000, including arrangements for an adequate Library. Recurring expenditure for allowances and the rental of the building that will house the Bench, is likely to be of the order of Rs. 20,000 per annum.

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1191

BILL NO. 66 OF 1968

A Bill further to amend the Constitution of India.

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

   1^  (1)  This  Act  may  be  called  the  Constitution  (Amendment)      Short
Act,  1968.                                                                 title and
                                                                            com-
    (2)  It  shall  come  into  force  on  such  date  as the  Central  Govern- mence-
ment  may,  by  notification  in  the  Official  Gazette,  appoint.          ment.
1192 THE GAZETTE OF INDIA EXTRAORDINARY [PAR

. In the Seventh Schedule to the Constitution,—

(i) in List II—State List, entry 8 shall be omitted;

(ii) in List III—Concurrent List, after entry 1&, the follow- Amend- ment ot the Seventh Schedule.

.ng entry shall be inserted, namely: —

5 "19A. Intoxicating liquors, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors,"

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1393

STATEMENT OF OBJECTS AND REASONS

The policy regarding intoxicating liquors, their production, trans- port, sale and consumption etc. is different in different States. It lias resulted in great many complications and even reversal of the policy of prohibition in many States which had gone dry after Independence. In order to evolve a uniform policy for the country, it is necessary to transfer this item from the State List to Concur- rent List in the Seventh Schedule to the Constitution.

Hence the Bill.

NEW DELHI; YASHPAL SINGH.

The 11th July, 1966,

1194 T HE GAZETTE OF INDIA EXTRAORDINARY [PART II

BILL NO. 67 OP 1968

A Bill further to amend the Slum Areas (Improvement and

Clearance) Act, 1956.

BE it enacted by Parliament in the Nineteenth Year of the

Republic of India as follows: —

1. (2) This Act may be called the Slum Areas (Improvement and

Clearance) Amendment Act, 1968.

(2) It shall come into force on such date as the Central Gov- Short title and com- mence- ment.

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

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY i j ^5

2. For section 20 of the Slum Areas (Improvement and Clearance) 96 of 1956.

Act, 1956, the following section shall be substituted, namely: —

Substitu- tion of section 20.

"20. Any person aggrieved by an order of the competent autho- rity 1 of using to grant the permission referred to in sub- 5 section (1) of section 6A or granting or refusing to grant the permission referred to in sub-section (1) of section 19 may, within such time as, may be prescribed, prefer an appeal to the Administrator and the Administrator may, after hearing the appellant, decide such appeal and *o his decision shall be final."

1196 *H-E GAZETTE OF INDIA EXTRAORDINARY [PART It

STATEMENT OF OBJECTS AND REASONS

The object of enacting the Slum Areas (Improvement and Clear- ance) Act, 1956 was to provide for the improvement and clearance of alum areas in certain Union territories and for the protection of tenants in such areas from eviction, Section 20 of the aforesaid Act does not specifically provide for a right of appeal to the tenant. This section as it stands provides only a right of appeal to the land- lord when permission to evict the tenant is refused under sub- section (1) of section 19. The absence of a specific provision for a right of appeal to a tenant is causing great hardship to the tenants in the slum areas and is defeating the very purpose and object for which the parent Act.was enacted. This Bill seeks to provide a right of appeal to such tenants also.

NEW DELHI; OM PRAKASH TYAGL

The nth July, 1968.

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1197

BILL NO. 84 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: —

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

1968.

Amend- ment of theFirrt Schedule, 2. In the First Schedule to the Constitution, under the heading "I. THE STATES", for the entry "12. Rajasthan", the entry M12. Aravali-Pradesh" shall be substituted. 874GofI—3,

1198 THE GAZETTE OF INDIA EXTRAORDINARY [ P AM II

STATEMENT OF OBJECTS AND REASONS

Under the First Schedule to the Constitution, the name of th" Rajasthan State is not befitting as the present day society is aiming at the establishment of socialistic pattern of society. No State of the Indian Union carries the idea of renaissance or relic of old feudalistic order except Rajasthan State. Geography or the lan- guage of the area was the main consideration for giving the new names to the States. It is, therefore, need of the time that the name of the Rajasthan State should be changed as "ARAVALI-PRADESH", as Aravali Ranges cover the whole area of the State. The new name will be similar to Himachal Pradesh, Madhya Pradesh, Uttar Pradesh etc.

Hence the Bill.

NEW DELHI; BHOLA NATH MASTER.

The 2nd August, 19<58.

SEC. 2] THE GAZETTE OP INDIA EXTRAORDINARY 1199

BILL NO. 78 OF 1968

A Bill further to amend the Code of Criminal Procedure, 1898.

BH it enacted by Parliament in the Nineteenth Year of the

Republic of India as follows: —

1. This Act may be called the Code of Criminal Procedure

(Amendment) Act, 1968.

Short title

f200 fUS GAZETTE 07 INDIA EXTRAORDINARY [PART Jf

5 of 1898.

2, In the proviso to sub-section (1) of section 421 of the Code of Criminal Procedure, 1898, the words and figures "presented under section 419" shall be omitted.

Amend- ment of soction 421.

£EC. 2] THE GAZETTE OF INDIA EXTRAORDINARY I2oi

STATEMENT OF OBJECTS AND REASONS

Under the existing proviso to section 421 (1) of the Code of Cri- minal Procedure, 1898, no appeal presented under section 419 can be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same. However, no such right is given to the appellant who is in jail and presents his petition of appeal under section 420. There is no reasonable basis tor granting the right of addressing the Appellate Court to appellants under section 419 and refusing this right to appellants under section 420. The classification which the proviso to section 421 purports to make has no intelligible relation to the object sought to be achieved and the denial of right of being heard to appellants in jail under section 420 violates article 14 of the Constitution inas- much as equality before the law has been denied to those who do not possess means to engage a Counsel. The proviso to section 421 of the Code of Criminal Procedure which makes such an invidious distinc- tion between appellants under section 419 and appellants under sec- tion 420 reduces justice to a farce and mockery, and is also in conflict with the provisions of sections 418, 340 and 440 of the Code of Crimi- nal Procedure. It is, therefore, proposed to amend the Code of Cri- minal Procedure so as to confer the right of being heard also on appellants presenting appeals under section 420.

NEW DELHI; ANAND NARAIN MULLA,

The 5th Auaust. 1968.

l i O2 TfiE GAZETTE OF INDIA EXTRAORDINARY [t>AHi II

BELL NO. 80 OF 1968

A Bill to provide for building up an up-to-date and a comprehensive

Library for Parliament

WHEREAS it Is necessary, for building up an up-to-date and * comprehensive Library for the Parliament of India, to make arrange- ments to secure copies of every book, publication, periodical, etc., including maps, illustrations, photographs printed, lithographed, or photographed, in any language, in any pant of the Union of India;

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

1. (1) This Act may be called the Parliament Library Act, 1968.

(2) It extends to the whole of India, except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Govern- Short title, •xtent and com- mtncft-

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

m"nt.

3BC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1203

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

Deflnl* tionc.

(a) "author" includes the writer, composer, compiler, annotator, commentator, or editor of a book, paper, periodical, or publication, or a cartoonist, or illustrator, draftsman, painter, and any other person whose work is included in the form of writing, annotation, compilation, editing, drawing, illustration, cartoon, map, or such like material, in a book or published separately;

(b) "book" includes any work in writing, paper, periodical, pamphlet, or publication, printed and published or lithograph- ed, whether offered for sale or otherwise; and every part or division of a book, pamphlet, sheet of letterpress, sheet of music map, plan, drawing, illustration, cartoon, graph, chart, or table, separately published, but shall not include any second or subse- quent edition of a book, unless such edition contains additions, annotations, or alterations, either in the letterpress or in the maps, prints, or other engravings, belonging thereto, or is an abridgement of that book;

(c) "composer" means the composer of a musical work or of musical notation, or dance choreograph;

(d) "library" means library attached to the Parliament of India;

(e) "printer" means the proprietor or manager of a printing press, where the copies of a book are multiplied, and who 1* registered as the keeper of such a printing press;

(f) "publisher" means any person, firm, or company, carry- ing on business as publisher of books, and declared In any book to be publisher thereof.

Explanation.— (a) If in any case there are more than one person contributing to the making of a book in its several parta of writing, commentary, or illustrations, etc., separately, the term "author" shall mean those composing and providing the actual thought and material contained in that book, whether published or otherwise; while those who have supplied the com- mentary, illustration, or annotation or editing shall be disting- uished from the author, by the addition of an appropriate term giving the proper designation and contribution of each such contributor.

(b) Where there is more than one person jointly concerned in writing, or providing the actual thought and material contain- ed in a book, they shall be known as joint authors.

T2oj THE GAZETTE OF INDIA EXTRAORDINARY [PART II

(c) For the purpose of this section the expression "author", "printer", "publisher" and "composer" includes the heirs, assignees or the legal representatives of a deceased author, prin- ter, publisher or composer, respectively.

(d) Where in any case the same person acts as author, printer or publisher, or combines in himself more than one of these capacities, his responsibilities under this Act shall be the same as that of all of them jointly and each severally.

Copies of books to be deli- vered to Secretary to the House of the Peopl*.

3. (1) The publisher etc. of every book printed, lithographed, or photographed, and published in any State in the Union of India, shall, after this Act comes into force, furnish, at his own expense, within one calendar month of the date of such printing, lithograph- ing, photographing or publishing, to the Secretary to the House of the People who shall give, or cauwe to be given, a written receipt for the same, three copies of each such book or work printed, photo- graphed, lithographed and published in any language, in any part of the Union of India for use in the library.

(2) The copies so delivered under sub-section (1) to the Secre- tary to the House of the People shall be complete copies of the entire book, including all maps, charts, graphs, tables, notes, illustrations, sketches, drawings, wood-cuts, or photogravures included therein, printed on and stitched or sewn, and bound and got up in the best paper in the same manner as the best copies of the book published:

Provided that in the case of any book of which only a number of copies have been printed on superior paper and sewn or stitched and bound in a better manner and material, whether for presenta- tion or for sale at a price higher than that charged for the ordi- nary edition, the copies required to be so furnished under this section shall be of the better or superior edition.

Applica- tion.

4. Without prejudice to any rights or privileges of the Govern- ment of India or the Government of a State, the provisions of this Act shall also be applicable to any work which has been prepared or published by or under the direction or control of any Govern- ment department.

Penalty for offences under the Act

5. If the Publisher fails to comply with the provisions of this Act, he shall be liable on summary conviction to a fine not exceed- ing rupees one hundred in resnect of each book, or each demand by the Secretary to the House of the People, in addition to the price of the copies of the book required to be furnished free of cost under this Act; and the fine shall be paid to the Secretary to the House of the People to be kept in ,q separate reserve fund to be used for the purposes of this Act.

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1205

Appeal against the fine.

6. Any person affected by an order under section 5 may, within thirty days of the date of such order, appeal to the Court to which appeals from the Court making the order ordinarily lie; and such appellate Court may direct that execution of the order be stayed pending consideration of the appeal.

7. No Court inferior to that of a Presidency Magistrate or a Magis-

trate of the First Class shall try any offence against this Acl.

Court to try offences under the Act.

I 2 06 THE GAZETTE OF INDIA EXTRAORDINARY [PART I

STATEMENT OF OBJECTS AND REASONS

The most important National Libraries of the world, such as the British Museum, the Congressional Library in the United States, or the Bibliotheque Nationale of France, are built up and kept up-to- date by requiring copies of all books etc., printed and published within the jurisdiction of the countries concerned, to be supplied free of cost to such central institutions, under the authority of some national legislation.

In the United States as well as in Britain the Copyright legisla- tion is utilised to achieve this object.

This Bill accordingly proposes to secure, for the use of the Library of Parliament, one copy at least of every book, or publication printed in India in any Indian or foreign language. The Library of Parlia- ment should contain all available material for every problem that may engage the attention of Parliament. It should in fact be co-exten- sive with the problems of the entire public and private life In thw country in all its aspects and phases.

NEW DELHI; DIWAN CHAND SHARMA

The 7th August, 1968.

S i c. ZJ T HE G A Z E T TE OF I N D IA E X T R A O R D I N A RY 12O1;

BILL NO. 86 OF 1968

A Bill to provide jor the licensing of certain flying and, to repeal

relevant sections of the Air Corporations Act, 1953.

BE it enacted by Parliament in the Nineteenth Year of the

Republic of India as follows: —

1. (1) This Act may be called the Civil Aviation (Licensing) Act,

1968.

(2) It extends to the whole of India including the State of Jammu and Kashmir.

Short

title,

extent

"*dcom-

Mence-

MCftt.

I2o" T HE GAZETTE OF INDIA EXTRAORDINARY [PART II

(3) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions in this Act.

.

j

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

Defini-

tions.

(a) "aerodrome licence" means a licence granted in respect of an aerodrome;

(b) "Air Operator's Certificate" has the meaning assigned by paragraph (a) of sub-section (2) of section 3;

(c) "Air Transport Service" means the carriage of passen- gers or of mails or other cargo by air for reward;

(d) "the Board" means the Air Transport Licensing Board established in pursuance of sub-section (1) of section 3 of this Act;

(c) "the Central Government" means the Government of India;

(f) "flight" means a journey by air beginning when air- craft takes off and ending when the aircraft next alights there- after;

(g) "the Minister" means the Minister of Tourism and Civil Aviation;

(h) "operator", in relation to an aircraft, means a person for the time being having the business management of that aircraft, and cognate expressions shall be construed accordingly;

(i) "prescribed" means prescribed by the Central Govern- ment by regulations under this Act;

(j) "reward", in relation to any aircraft, includes any form of consideration received or to be received wholly or partly in respect of that flight, irrespective of the person by or to whom the consideration has been or is to be given;

(7c) "tariff" in relation to any air transport service means the fares or freight rates (including any charges for the carriage of mails) to be charged and any conditions upon which those fares or freight rates deptnd.

SEC. 2J THE GAZETTE OF INDIA EXT11AORDINARY 1209

3. (1) There shall be established in accordance with the provi- sions of the Schedule an Air Transpoi t Licensing Board (in this Act referred to as the Board).

(2) No aircraft shall be used on any flight for reward or in con- nection with any trade or business—

Estab- lishment dt licens- ing autho- rity and restriction 3f unlicena- Bd flying.

(a) unless the operator of the aircraft is the holder of an 'Air Operator's Certificate' being a certificate of his competence to secure that aircraft operated by him on flights are operated safely; or

(b) subject to the provisions of sub-section (3) and other- wise than in accordance with the terms of an 'Air Service Licence' granted to the operator of the aircraft by the Board under section (4) being a licence authorising the holder thereof to operate aircraft on flights:

Provided that the provisions of this sub-section shall not apply to any flight made—

(a) solely for the purpose nf carrying passengers on a flight beginning and ending at the same place; and

(b) solely for one or more of the following purposes, that is to say—

(i) the provision of ambulance or rescue facilities by air;

(ii) the carriage of not more than seven persons; (includ- ing the crew of the aircraft) together with the baggage, if any, in a case where the aircraft is not equipped to carry more than that number OL persons;

(Hi) the carnage of any one or more of the following, that is to say the operator of the aircraft, any bona fide servant of his and any baggage or other property of the operator or any such servant;

(in) the training or testing of persons in the perfor- mance of duties in the aircraft;

(v) the testing or demonstrating of the aircraft or oj any apparatus, whether or not that apparatus is carried in the aircraft;

I^IO THE GAZETTE OF INDIA EXTRAORDINARY [PART II

(vi) the dropping or projecting or material in th< interests of agriculture, horticulture, forestry or publit health;

(vii) the taking of photographs from the air; or

(c) solely for the purpose of carrying cargo consigned by one person in the exercise of an exclusive right to use the capa- city of the aircraft on that flight not being a person who, except for the purpose of delivering the whole of that cargo to one or more purchasers thereof from the consignor, has contracted with other persons to carry that cargo or to cause it to be carried; or

(d) solely for the carriage of passengers with or without their baggage in a case where none of the passengers is carried on such terms as may be prescribed as being carried at a separate fare;

and the Central Government may, by notification in the Official Gazette, exempt from the requirements of clause (b) any other particular flight or series of nights.

(3) This section shall apply to—

(a) any flight in any part of the world by any aircraft registered in India; and

(b) any flight beginning or ending in India by any aircraft registered in such other country or territory, if any, as may be prescribed.

i. (I) Any application to the Board for the grant of an air service licence shall—

Air

Varvict

Licence*.

(a) contain particulars of any air transport service pro- posed to be provided under the licence, including the places between which, and (where appropriate) the frequency with which, the service is to be provided;

(b) specify the nature of any other purpose for which the applicant desires that aircraft operated by him may be used under the licence for reward or in connection with a trade or business;

and, subject to the provisions of this section and of any relevant regulations under section 7, the Board may, at their discretion, after ••Mfultation with such persons, if any, as may be prescribed, either

SKC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1211

reject the application or grant the applicant an air service licence for all or any of the follow;ng purposes—

(i) the provision ot any air transport service proposed in the application which may be so specified,

(ii) any other puipose so proposed whidh may be K> specified,

subject m either case to such conditions, if any, of the prescribed descriptions as may be so specified.

(2) In exercise of their functions under this section the Board shall consider in particular—

(a) whether they are satisfied that having regard in parti- cular to his experience and financial resources and, subject to sub-section (4), to his ability to provide satisfactory equipment, organisation and staffing arrangements; and having regard also to any contravention in respect of aircraft operated by him, the applicant is competent and a fit and proper person, to operate aircraft for the purposes of which he seeks an air service licence;

(b) the provision made or proposed to he made against any liability in respect of loss or damage to persons or property which may be incurred in connection with aircraft operated by the applicant;

(c) any unfair advantage of the applicant over other opera- tors by reason of the terms and conditions of employment of his servants;

(d) the existing or potential need or demand for any air

transport service proposed;

(e) in the case of any air transport service proposed the adequacy of any similar service authorised by any air service licence already granted and the tariff, if any, in respect of that similar service;

(f) the extent to which any transport service proposed would be likely to result in wasteful duplication of, or in material diversion of traffic from any air transport service licence already granted;

(d) a nY capital or other expenditure reasonably incurred or any financial commitment or commercial agreement reason-

1212 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

ably entered into in connection with the operation of aircraft on air transport services by any person (including the appli- cant) who is the holder of any air service licence already granted;

(1i) any objections or representations made in accordance with any relevant regulations under section 7.

(3) The Central Government and the Board shall, from time to time, consider together the relations with other countries or terri- tories affecting the exercise of the Board's functions; and if in the case of any application for an air service licence the Central Gov- ernment so direct, in writing, on the grounds that any air transport service proposed in the application would in their opinion involve the negotiations with the Government of some other country or territory of right which it would be inexpedient for the time being to seek the Board shall forthwith reject that application so far as it relates to that service.

(4) For the purpose of clause (a) of sub-section (2) the Board shall not consider the matters in respect of which an air operator's certificate is required, that is to say, the competence of the appli- cant to secure! that aircraft npei'Hted by him will be operated safely.

(5) Every air service licence authorising air transport service shall include a provision with respect to the tariff to be charged in respect of that service being—

(a) in the case of a service between terminal points one of which is in India and the other of which is in India, a provision setting out that tariff;

(b) in any other case, either provision setting out that tariff or a provision specifying the manner in which the tariff is to be determined:

Provided that the licences shall be of no effect until the said provision has been confirmed by the Central Government either without modification or with such modifications as it may think fit after consultation with such holders of air service licences and other persons as it may consider appropriate:

Provided further that in such cases or classes of cases as may be prescribed, this sub-section shall have effect subject to such exceptions or modifications as may be prescribed in rela- tion to the case or class of cases in question.

SEC, 2] THE GAZETTE OF INDIA EXTRAORDINARY 12 [3

(6) The Central Government may, by notification in the Official Gazette, authorise the grant of an air service licence to any person specified in the order being a person who provided air transport services before the date of coming into force of sub-section (2) of section 3 in respect of any air transport so specified in relation to that service and without prejudice to their powers under section 5 the Board shall grant that licence forthwith without any applica- tion being made thereof:

Provided that the Central Government shall not make any order under this sub-section after the expiration of the period of three months beginning with the said date.

(7) Except with the consent of the Central Government the Board shall not grant an air service licence to any person who is not either—

(a) a citizen of India or Nepal or such treaty areas giving equal rights of Indian citizenship; or

(b) a body incorporated in India or Nepal or Sikkim or Bhutan, being a body which in the opinion of the Board sub- stantially controlled by persons each of whom is either a citizen of India or a citizen of the said State or an Indian protected person.

(8) If, while an air service licence is in force and not later than the prescribed time before the expiry of the term for which it was granted the holder thereof applies to the Board under section 5, unless the application is withdrawn, the first mentioned licence shall not cease to be in force by reason of the expiry of the said term until the Board have given their determination on the appli- cation or, if the application is refused or if any new licence granted differs In its terms from the first mentioned licence, until—

(a) the expiration of the period prescribed under section 7 for appealing against the Board's decision;

(b) if an appeal is duly made within that period the determination or abandonment of the appeal; and

(c) in the case of a successful appeal against a rejection of the application, the date of the coming into force of the new licence.

5. (1) Subject to any relevant regulations under section 7, an application for the revocation, suspension pr variation of an air service licence may be made to the Board at any time by any of the persons prescribed in pursuance of clause (b) of sub-section (1) of thai; section.

Revoca- tion, sus- pension and varia- tion of lieeneof.

874 G of I—".

1214 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II

(2) If in the case of any person wb i is the holder of an air service licence the Board are at any time no longer satisfied as mentioned in clause (a) of sub-section (2) of section 4, they shall as may appear to them appropriate in the circumstances, revoke, suspend or vary that licence, whether or not any application or representa- tion has been made to the Board for the purpose.

(3) Without prejudice to the provisions of sub-section (2), if at any time the Board are satisfied, whether or not any application or representation has been made to them for the purpose, that it Is right and proper so to do, they may revoke, suspend or vary any air service licence.

(4) Sub-section3 (2) to (4) of section 4 shall have effect with the necessary modifications in relation to the Board's function under the sub-sections (2) and (3) as they have effect in relation to their functions under section 4.

(5) If any air service licence is revoked, suspended or varied by the Board otherwise than on the application of the holder of the licence, the revocation, suspension or variation shall not take effect until the expiration of the period prescribed under section 7 for the making of an appeal against the Board's decision nor, if an appeal is duly made during that period, until the determination or aban- donment of the appeal.

6. (T) It shall be the duty of the Boartl to consider any represen- Addi- tional functions of Board.

tation from any person relating to facilities in connection with air transport services by means of aircraft registered in India, or with respect to the traffic or other charges in respect of any such service of faculties:

Provided that the Board shall not be required by this sub-sec- tion to consider any representation if in their opinion—

(a) the representation is frivolous or vexatious; or

(6) the matters to which the representation relates have already been sufficiently considered by the Board; or

(c) the matter to which the representation relates are for the time being regulated by an international agreement to which the Indian Government is a party.

(2) When the Board have considered any such representation as aforesaid, they shall report to the Central Government their conclusions, and shall make such recommendations to the Minister In connection with those conclusions as they think expedient;

S"C, 2] THE GAZETTE OF INDIA EXTRAORDINARY 1215

Provided that this sub-section shall not a p p^ co any representa- tion made in connection with an application for the grant of an air service licence or for the purpose of the Board's functions under section 5

Regu- lations.

7. (1) Without prejudice to any other power to make regula- tions conferred by this Act, the Central Government shall by re- gulations make provision-

fa) for requiring, except in such circumstances, if any, as may fee specified in the regulations, publication of notice of the making of any application for the grant of revocation, suspension or variation of an air service licence and for the making of objections or representations with respect to any such applica- tion;

(b) as to the persons entitled to be heard by the Board at any meeting to consider the grant, revocation, suspension, or variation of any such licence;

(c) for conferring a right to appeal to the Central Govern- ment from my decision of the Board with respect to any air service licence or any application for such a licence upon the holder of or application for the licence and upon such other persons, if any, as may be specified in the regulations and generally as to such appeals including in particular provision as to the time by which any such appeal must be made, the other persons, if any, to be made parties thereto, and the liability of any of the parties in respect of costs or expenses incurred in connection therewith;

(c?) for rcquiimg the payment to the Board in connection with air service licences or applications relating thereto of such fees determined in such manner as the regulations may provide.

(2) Without prejudice to the provisions of sub-clause (1), Central Government rnay by regulations make provision—

(a) as to the form and manner in which any application, objection or representation shall be made to the Board;

(b) with respect to the furnishing by persons making an application, objection or representation to the Board of infor- mation or documents relevant thereto;

(c) as to the li biUty of any of the persons heard by virtue of clause (b) of sub-section (2) at any meeting of the Board in

X2i6 THE GAZETTE C# ItiDlA EXTRAOftDlttABY [PART TX

respect of costs or expenses incurred in connection with the hearing;

(d) with respect to the provision by holders of air service licences or air operator's certificate of statistical or other infor- mation with respect to their operations to which the licence or certificate relates;

(e) as to the circumstances, if any, in which an air service licence shall or may be transferred or treated as if granted to a person other than the person to whom it was granted;

(f) with respect to surrender or cancellation or variation of air service licences;

(g) generally as to the procedure of the Board;

(h) for the setting up of regional advisory committees for the purpose of advising the Board on matters relating to its functions under this Act with particular regard to the circums- tances and requirements of particular areas, and for the payment by the Central Government of travelling or other expenses reasonably incurred by ;iiiy person as a member of any such committees.

(3) Any power to make regulations conferred by this Act shall include power to make different provision for different circumstanc- es and to make such incidental or supplementary provision as appear to the Central Government necessary or expedient for giving effect to the purposes of this Act,

(4) Any power to make regulations conferred on th,e Central Government by this Act shall be exercisable by statutory instrument and any such instrument shall be subject to annulment in pursuance of a resolution of Parliament.

Enforce- ment of licensing provisions.

8. (1) If an aircraft is used on any flight in contravention of sub- section (2) of section 3, the operator of the aircraft and if any other person, whether by negotiating a contract or otherwise made avail- able facilities for travel or the consignment of goods on that flight knowing or having reasonable cause to suspect that the flight would be in contravention of provisions of sub-section (2) that other per- son also shall be guilty of an offence and be liable—

(a) on summary conviction to a fine exceeding ten thou- sand rupees, or to imprisonment for a term not exceed- ing three months, or to both.

Sue. 2] THffi GAZETTE OF INDIA EXTRAORDINARY 1217

(b) on conviction to a fine of such amount as the court may think fit, or to imprisonment for a term not exceeding two years, or to both.

(2) For the purpose of securing compliance with the require- ments ot section 3, the Central Government or anyone acting under its authority may require any person who, in India whether by providing an aircraft or negotiating a contract or otherwise, makes available or offers, facilities for travel or the consignment of goods upon any journey by air, and any servant or agent of any such per- son, and any person who is the holder of an aeroplane licence, to provide the Central Government with all such information or docu- ments in his possession or control relating to the journey or pro- posed journey as may be specified.

Any person, who wilfully fails to comply with any require- ments under this sub-section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding two thousand rupees.

(3) If the holder of any air service licence or air operator's certi- ficate fails without reasonable cause to comply with any require- ment of any regulation with respect to the provision of informa- tion made by virtue of clause (d) of sub-section (2) of section 7, he shall in respect of each such failure be guilty of an offence and liable on summary conviction to a fine not exceeding one thousand rupees.

(4) If any person, in furnishing any information under this Act, furnishes any information which to his knowledge is false in any material particular or recklessly furnishes any information which is false in any material particular, he shall be guilty of an offence and be liable—-

(a) on summary conviction to a fine not exceeding one thou- sand rupees, or to imprisonment for a term not exeped- ing one month or to both;

(b) on conviction to a fine not exceeding ten thousand rupees, or to imprisonment for a term not exceeding two years or to both.

(5) If any person fails without reasonable cause to comply with any requirements duly made of him under this Act to surrender an air service licence for cancellation or va nation, he shall be guilty of an offence and be liable on summary conviction to a fine not ex- ceeding five hundred rupees.

laifc THE GAZETTE or INDIA EXTRAORDINARY [PART li

(b) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or conn vance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corpjrate or any person who was purporting to act in any such capacity, he, as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accord- ingly.

In this sub-section, the expression, 'director' in relation to a body corporate established by or under any enactment for the pur- pose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body cor- porate.

(7) Any offence under this section shall, for the purpose of con- ferring jurisdiction, be deemed to have been committed at any place where the offender may for the time being be.

Expenses oJ! and reports to Board.

9. (1) The Central Government shall provide the Board with such accommodation and equipment as appears to it to be necessary or expedient for the exercise of their functions and shall also pro- vide from among its officers and servants such number of persons to act as officer or servants of the Board as he may from time to time think fit, and any expenditure incurred by the Board with the appro- val of the Central Government shall be defrayed by the Central Government.

(2) The Board shall furnish to the Central Government such accounts and other information relating to the discharge of its func- tions as the Central Government may require and after the end of the year make a re'port to the Central Government as to the exercise and performance of their functions under this Act in that year, which shall cover any particular matters on which the Central Gov- ernment has requested them to report and the Central Government shall lay a copy of each such report before each House of Parlia- ment.

27 of 198*.

10. The following provisions of the Air Corporations Act, 1953 are hereby repealed, that is to say—

Repeal of cer- tain pro- visions of the Air Corpora- tions Act, 1933.

(a) sections 18 and 19 and such sections which relate to the reservation of certain air services to the Air India Inter- national or the Indian Air Lines Corporation and their associates. (b) sections 30 to 35,

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY T219

Powers to extend provision^ of Act. 11. (1) The Central Government may by order direct that any of the provisions of this Act shall extend with such exceptions, modifications and adaptations, if any, as may be specified in the order,—

(a) to any of the territories protected or administered areas of the Government of India; and

(b) to any such area or territory as may be deemed fit or expedient by the Government of India.

(2) An order of the Central Government by virtue of clause (a) of sub-section (1) may provide for the payment of sums out of moneys provided by Parliament for any purpose for which sums are required to be so paid in consequence of the exercise of the powers conferred by this section.

(3) Any order of Central Government made under this section may be varied or revoked by a subsequent order so made.

1220 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

SCHEDULE

(Vide section 3)

THE AIR TRANSPORT LICENSING BOARD

L The Board shall consist of not less than six nor more than t"v members appointed by the Central Government who shall also appoint two of those members to be Chairman and Deputy Chair- man respectively of the Board.

2. Subject to the provisions of this Schedule, the Chairman, the Deputy Chairman and each of the other members of the Board shall hold and vacate his office in accordance with the terms of the instru- ment appointing them.

3. The Central Government—

(a) shall pay to any member of the Board such remuneration (whether by way of salary or fees) and such allowance as the Central Government may determine; and

(b) in the case of any member of the Board with respect to whom the Central Government may with the said ap- proval determine, shall make such provisions for the payment of a pension to or in respect of that member as the Central Government may so determine;

and the Central Government shall as soon as possible after the establishment of the Board, lay before each House of Parliament a statement of the remuneration and allowances that are or will be payable under this paragraph to the members of the Board, and if any subsequent determination miade by it under this paragraph in- volves any departure from the term of that statement or if a deter- mination so made provides for the payment of a pension to or in respect of any member of the Board, the Central Government shall, as soon as possible after the determination, lay a statement thereof before each House of Parliament.

4. If the Central Government is satisfied that the Chairman of the Board is temporarily unable to discharge the functions of his office owing to illness or any other cause, the Central Government

SEC. 2J THE GAZETTE OF INDIA EXTRAORDINARY 021

may appoint some other member of the Board to act lor the time being in the place of the Chairman or Deputy Chairman, as the case may be.

5. If the Central Government is satisfied that a member of titi" Board—

(a) has without the permission of the Board been absent from meetings of the Board for a continuous period exceeding six months; or

(b) has become bankrupt or made an arrangement with his creditors; or

(c) has by reason of illness or any other cause become un- able or unfit to act as a member of the Board,

the Central Government may, by giving notice in such mariner as it thinks fit, declare that person's office as a member of the Board to have become vacant.

6. No person who for the time being has any interest, whether as a shareholder or otherwise in the business of an operator of aircraft or of the holder of an aerodrome licence, shall act as a member of the Board unless he has declared his interest to the Board and to the Central Government and if the Central Government is satisfied thaL by reason of that interest or of any failure so to declare such an interest it is right and proper !>o to do, the Central Government may by giving notice in such manner as it thinks fit declare that person's office as a member of the Board to have become vacant.

7 The Board may act notwithstanding a vacancy in the mem- bership thereof, and no act of the Board shall be invalidated by reason of any irregularity in the appointment of any member there*- of or by reason of any person irregularly acting as a member there- of

1222 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

STATEMENT OF OBJECTS AND REASONS

The Air Corporations Act, 1953 (No. 27 of 1953) was passed closely following the Civil Aviation Act, 1949, as passed by Parlia- ment in the U.K.

As a result of the Air India International and the Indian Airlines Corporation were formed absorbing certain air companies which were then operating in the country.

Certain non-scheduled air operators were, however, left out. Provision was made in the existing Act for scheduled operators who were nationalised to be granted non-scheduled permits to operate 3s non-scheduled operators, if they desired.

All flymg clubs also have non-scheduled permits to operate light aircraft commercially for hire and reward.

In February, 1960, Parliament in the U.K passed the Civil Avia- tion (Licensing) Bill to amend certain portions of their Act, and for the provision of both the Acts to be cited together as the Civil Aviation Acts, 1949 and 1960. Their reasons were briefly as fol- lows:—

1. Give independent operators a field of operations. 2. Create a bigger Aviation Industry in these unsettled times and air age.

3. To provide home market for aircraft and parts produced by them.

4. Introduce a measure of healthy competition between the Corporations and the independent operators to improve air services and benefit the public as befitting a. welfare State.

5. Create more avenues of employment for technical person- nel and aircrews.

6. Create a second line of Air Defence by having ready at hand a well-trained group of technicians and pilots and aircraft, to form a reserve transport command imme- diately for any emergency.

In India, identical conditions have developed.

Hence this Bill.

NEW DELHI; DIWAN CHAND SHARMA.

The 1th August, 1968.

S M. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1223

FINANCIAL MEMORANDUM

Sub-clause (1) of clause 9 requires the Central Government to provide the Board with accommodation and staff. Any expenditure incurred by the Board with the approval of the Central Govern^ ment, is to be defrayed by the latter.

THE SCHEDULE, which contains provisions with respect to the Board in paragraph 3 empowers the Central Government to pay to members of the Board such remuneration, allowances and pension as it may determine and to lay a statement in this regard before each House of Parliament.

It is expected that the fees payable in respect of licences will cover the cost of administration of the Act. No additional expendi- ture will thus be required to be incurred from the Consolidated Fund of India.

T HE GAZETTE OF INDIA EXTRAORDINARY [PART IT ja i4

MEMORANDUM REGARDING DELEGATED LEGISLATION

Sub-clause (1) of cl3uae 7 requires the Central Government to make regulations providing for the advertising of applications for licences, the making of objections and representations, the right of appeal to the Central Government against the decisions of the Board and the payment of fees for licences.

Sub-clause (2) of clause 7 empowers the Central Government to make regulations regarding the procedure of the Board and other related matters.

The delegation is of a normal character.

S"C, 3] THE GA?XITE OF INDIA EXTRAORDINARY 1225

BILL N O. 79 OF 1968

A Bill further to amend the Foreigners Act, 1946.

BE it enacted by Parliament in the Nineteenth Year of the

Republic of India as follows: —

1. This Act may be called the Foreigners (Amendment) Act, 1968.

Short title.

2. To sub-section (2) 0/ section 3 of the Foreigners Act, 1946, the 31 of 1M0.

following proviso shall be inserted, namely: —

Amend- ment of section 3.

"Provided that the entry of foreigners into India shall be prohibited if the Central Government is satisfied that the foreig- ner seeking entry into India is likely to engage, overtly or cover- tly, in any proselytising activity."

I226 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

STATEMENT OF OBJECTS AND REASONS

The Constitution of India guarantees to all citizens the right "freely to profess, practise and propagate religion". This right, how- ever, does not accrue to foreigners. Lately, there have been extremely disquieting reports from several States that the freedom presently- available to foreign missionaries to carry on their proselytising worit is being widely abused to promote disruptive and subvertive activi- ties. National interests demand that this situation be effectively remedied. The Foreigners Act, 1&46 which confers on the Central Government powers in respect of the entry of foreigners into India, is thus sought to be suitably amended.

NEW DELHI;

JAGANNATHRAO JOSHI.

The 12th August, 1968.

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY I227

BILL NO. 83 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.

(2) It shall come into force at once.

Short Title End Com- mence- ment,

Amend-

ment of

article 75.

2. In article 75 of the Constitution, in clause (2), for the words "The Prime Minister shall be appointed", the words "The Prime Minister, who shall be an elected member of the House of the People, shall be appointed" shall be substituted.

1228 THff GAZETTE OF INDIA EXTRAORDINARY [PAH* n

Amend- ment of article 164.

3. In article 164 of the Constitution, in clause (1), for the words "The Chief Minister shall be appointed", the words "The Chief Minister, who shall be an elected member of the Legislative Assem- bly, shall be appointed" shall be substituted.

4. In article 326 of the Constitution, for the word "twenty-one".

the word "eighteen" shall be substituted.

Amend- ment of article 326

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1229

STATEMENT OF OBJECTS AND REASONS

It is highly undemocratic that persons not directly elected by the suffrage of the people should head the popular Governments In the country. Therefore, the Prime Minister and Chief Ministers should always be elected Members of the Lower Houses.

Discontentment prevails among youth in the country that they are not entitled to vote in the elections to the House of the People and to the Legislative Assemblies of States before 21 years of age. Reduction in the age for adult suffrage from 21 years to 18 years will inculcate the spirit of discipline and responsibility among them.

Hence the Bill.

NEW DELHI; KAMESHWAR SINGH.

The 14th August, 1968.

874 G. of I.—7.

1230 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

BILL NO. 98 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.

(2) It shall come into force on such date as the Central Govern-^ title add commen- cement.

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

SEC 2] THE GAZETTE OF INDIA EXTRAORDINARY 1231

1 In the First Schedule to the Constitution,—

Amend- ment of First Schedule.

(1) under the heading "I. THE STATES", in the entry against "13. Uttar Pradesh", the words "excluding the districts of Meerut and Bulandshahr", shall be inserted at the end; and

(if) under the heading "II. THE UNION TERRITORIES", in the entry against "1. Delhi", the words "and two districts of Uttar Pradesh, namely, Meerut and Bulandshahr", shall be inserted at the end

1232 THE GA^ETfE OF INDIA EXTRAORDINARY [PART ll

STATEMENT OF OBJECTS AND REASONS

Delhi being the capital of India requires more land for its fast growing population. It has crossed its boundaries long ago. Adjoin- ing two districts of Meerut and Bulandshahr of U.P. are already in- cluded in the Master Plan of Delhi. But the development of these said districts is hampered because of not being in Delhi territory. To a question in Parliament the Government has openly declared that they are unable to allot any funds for the development of the plan- ning of these districts because they lie in U.P. Hence for the smooth implementation of Master Plan for Delhi it is necessary to include the districts of Meerut and Bulandshahr in the Union territory of Delhi.

NEW DELHI; MAHARAJ SINGH BHARTI.

The 21st August, 1968,

SEC. 2] THE GAZETTE Of INDIA EXTRAORDINARY 1233

B I LL N O. &1 OF 1968

A Bill to provide for the co'mpulsory publication of annual accounts

by recognised political parties.

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

1. (J) This Act may be called the Publication of Political Party Accounts Act, 1968.

Short title

^ 34 TJd5 GAZETTE OF INDIA EXTRAORDINARY FPAHT il

(2) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint.

and com- mence- ment.

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

Defini- tions.

(a) 'prescribed' means prescribed by rules made by the Central Government under this Act;

(b) 'recognised party' means any political party recognised as such by the Election Commission in exercise of the powers conferred by sub-rule (1) of rule 5 of the Conduct of Elections Rules, 1961.

Annual publica- tion of accounts.

3. (1) Every recognised political party shall keep a separate and correct account of all receipts and expenditure pertaining to party work, and cause to be published annually a statement of such accounts, by such date and in such manner as may be prescribed in this behalf.

(2) The account shall contain such particulars as may be pres- cribed.

4. (1) If the Election Commission is satisfied that a political party—

(a) has failed to publish its accounts within the time and in the manner required by or under this Act, a"d

With- drawal of recog- nition foi failure ta publish accounts.

(b) has no good reason or justification for the failure,

the Election Commission shall, by order published in the Official Gazette, declare withdrawal of the recognition conferred on it under sub-rule (1) of rule 5 of the Conduct of Elections Rules, 1961.

(2) An order issued under sub-section (1) shall remain in force

for three years:

;

Provided that the Election Commission may, for reasons to be recorded, revoke such order earlier.

5. (1) The Central Government may, by notification in the Offi- cial Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(2) Every rule made 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 sessions and if, before the expiry of the session in which it is so laid or the session Immediately

SEC, 2] THE GAZETTE OF INDTA EXTRAORDINARY J235

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 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 done under that rule,

I 3 36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

STATEMENT OF OBJECTS AND REASONS

The health of parliamentary democracy in India warrants that the accounts of political parties are annually published. The Constitution does not formally recognise the existence of political parties. But by rules framed by the Election Commission in exer- cise of its powers under the Representation of the People Act, 1951, political parties are granted recognition for certain electoral purposes.

This Bill seeks to provide for compulsory publication of accounts, and to link failure to do so with withdrawal of recognition.

NEW DELHI; SHRI CHAND GOYAL. 21st August, 1968.

Cite this issue. Extraordinary Gazette of India, Government of India, 15 November 1968. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1968-11-15.E-1587-1968-0052-70688/. Archive identifier in.gazette.csl_extraordinary.1968-11-15.E-1587-1968-0052-70688.