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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 3A] NEW DELHI, FRIDAY, FEBRUARY 21, 1969/PHALGUNA 2, l890 (SAKA)

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

a* a separate compilation.

LOK SABHA

The following Bills were introduced in Lok Sabha on the 21st Feb-

ruary 1969: —

BILL NO. 11 OF 1969

A Bill to constitute Students' Unions and to provide for their repre-

sentation in Central Universities bodies.

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

1. (1) This Act may be called the Central Universities (Students' Participation), Act, 1969.

Short

title and

commen

cement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different Central Universities.

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

Defini-

tions,

(a) "Central University" means—

(i) the Banaras Hindu University established under the Banaras Hindu University Act, 1915, or

16of 1915.

(81)

(ii) the Aligarh Muslim University established under the Aligarh Muslim University Act, 1G20, or

40 of 1020.

(Hi) the Delhi University established under the Delhi Univer-

0 of 1922.

sity Act, 1922, or

(iv) the Visva-Bharati as incorpoiuted under the Visva-Bha-

29 of 3 951 rati Act, 1951, or

(v) the Jawaharlal Nehru University constituted under the Jawahaiial University Act, 1966,

53 of 1066.

as the case may be;

(b) "college" means a college or a teaching institution main- tained by, or admitted to the privileges of, a Central University;

(c) "College Students' Union" means a Student?' Union consti- tuted for a college under section 9;

(d) "prescribed" means prescribed by bye-laws made under this Act;

(e) "University Students' Union" means a Students' Union con- stituted for a Central University under section 3.

3. (1) There shall be constituted a Students' Union in each Central University.

Constitu- tion of Univer- sity Stu- dents' Union.

(2) Every Students' Union constituted under sub-section (1) shall be a body corporate by the name under which it is constituted having per- petual succession and a common sea) and shall by the said name sue and be sued.

(3) Every student admitted to a Central University or to any of its colleges shall be a member of the Students' Union constituted under sub- section (1) for that University:

Provided that a student may, by notice in writing to' the Registrar of the Central University, terminate, without assigning any reason, his mem- bership of the University Students' Union.

4. (I) Every Students' Union constituted under section 3 shall have a Managing Committee which shall be responsible for the management and administration of the affairs of the Students' Union in accordance with the provisions of this Act.

Constitu- tion, etc. of a Managing Com- mittee.

(2) The Managing Committee shall consist of the following persons, namely: —

(a) a President, a Vice-President and a Secretary to be elected by all the members of the Students' Union;

(b) the President and Secretary of all the College Students' Unions ex-ofjlcio;

(c) such number of other members, not exceeding five, as may be prescribed.

(3) The term of office of the members of the Managing Committee, the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members of the Managing Committee shall be such as may be prescribed.

5. The University Students' Union shall exercise the following powers and perform tho following duties, namely; —

(a) to hold regular meetings and conferences and to invite emi- nent persons to' address such meetings and conferences;

Powers of Univer- sity Stu- dents' Union.

(b) to communicate with the authorities of the Central Univer- sity regarding any problems arising in the administration of the affairs of the University;

(c) to settle all differences amicably between the authorities and

students so as to pi event demonstrations and strikes;

(d) to arrange periodical meetings between the students and the teachers of the Central University to¹ as to exchange views and pro- mote cordial relationship between them;

(e) to regulate generally the discipline of the students of the Central University;

(f) to represent the students of the University at all important

meetings and conferences convened by the Central University;

(g) to perform such other functions as may be prescribed.

(j. The Court, the Academic Council and such other authorities of a Central University as may be specified by the Court, shall consist of such number of representatives of the University Students' Union es may be specified by the Statutes of that University and the Statutes of every Central University shall provide for such representation.

Represen- tation in the autho- rities of the Cen- tral Uni- versity.

7. (1) Every student admitted to a Central University or to any of its colleges, other than any student referred to in the proviso to sub-section (3) of section 3, shall pay along with the tuition fees, a sum of not more than rupees three per annum as subscription.

Funds of the Uni- versity Students' Union.

(2) Every University Students' Union shall have a Fund to be called

the Students' Union Fund an'd there shall be credited thereto—

(a) the subscriptions collected under sub-section (7);

(fa) all moneys received by the University Students' Union by

way of grant, gift, donation, contribution, transfer or otherwise.

(3) The amounts in the Fund shall bo deposited in such scheduled banks and shall be operated by such persons and in such manner as may be prescribed.

(4) The amounts in the Fund shall be applied for meeting the expens- es of the University Students' Union including expenses incurred in the exercise of its powers and the performance of its duties under this Act and the surplus, if any, shall be invested in such securities as niay be prescribed.

Accounts ami au^;r 8. (1) The Managing Committee shall maintain proper accoun+s antl other relevant records and prepare an "annual stat 'ment of account's in such form as may be prescribed.

38 of 1949- (2) The accounts of the University Students' Union shall be audited in such manner as may be prescribed, by a chartered accountant within the meaning of the Chartered Accountants Act, 1949 or by a student, who, in the opinion of the Managing Committee, has adequate knowledge or experience in the audit of accounts.

9. (1) There shall be constituted a Students' Union in every college.

Constitu- tion of College Students' Unions,

(2) A College Students' Union shall consist of a President, Vice-Presi- dent, a Secretary and wuch number of other members not exceeding eight as may be specified by the Principal or head of the college, to be elected by all the students of the college.

(3) The powers, duties and functions relating to the College Students'

Union shall be such as may be prescribed.

Powers to frame bye-laws

10. (1) The Executive Council of a Central University may, with the prior approval of the Court of the University, frame bye-laws for carry- ing out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the fore- going power, such bye-laws may provide for all or any of the following matters, namely: —

(a) the number of members to be elected or nominated to the Managing Committee;

(b) the term of office of the members of the Managing Commit- tee, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, such members;

(c) the additional functions which a University Students' Union may perform;

(d) the manner in which the amounts in the Fund shall be de- posited or invested;

(e) the form in which the annual statement of accounts of the University Students' Union shall be prepared;

(/) the manner in which the accounts of the University Stu- dents' Union shall be audited;

(gO the powers, duties and functions that may be performed by the College Students' Unions;

(h) any other matter which is required to be, or may be pres- cribed.

STATEMENT OF OBJECTS AND REASONS

Student unrest has been an International phenomenon. It is not only to be found in the undeveloped nations of Asia, Africa and Latin America; it is also a characteristic feature of the affluent society of Western Europe and North America as well as East European Societies on the way to affluence. In May | June last year, it wes the students who spear- headed the attack en the Gaullist regime in France and shook it to its very foundation.

In India, too, with the expansion of University education students have become a big force in our society. They have manifold grievances, the failure to redress which leads to eruption on the University cam- puses from time to time. Police brutality and unimaginative policies of the University Administrations have aggravated the problem of stu- dents' dissatisfaction. There is, besides, the spectre of unemployment which haunts our University youth.

Participation in and association with the functioning of Universities at all levels is, therefore, considered by thinking people to be necessary. This Bill seeks to provide for the setting up of the students unions, tea- cher-student joint staff committees as also for students' associations with the University bodies which will give them n sense of participation as well as training in responsibility.

NEW DELHI; MADHU LIMAYE,

The 3rd January, 1969.

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill confers on the University Court and Executive Ccunc.il cer- tain rule making powers.

This delegation of rule making authority is of a normal character and wholly legal and constitutional.

BILL NO. 8 OF 1969

a bill to amend the University Grants Commission Act, 1956.

BE it enacted by Parliament in the Twentieth Year of the Republic

of India as follows: —

1. This AcL may be called the University Grants Commission (Amend- Short title.

ment) Act, 1969.

2. After section 12 of the University Grants Commission Act, 1956 3 of 1966.

Insertion of ne-.v section 12A.

(hereinafter referred to as the principal Act), the following new section shall be inserted, namely:-—

"12A. (1) Notwithstanding anything contained in this Act or any other Act, it shall he the special duty of the Commission to make recornmenctetions to the State Governments and Universities con- cerned in respect of—

(a) the compulsory setting up of University students' unions and college unions with the right to students to' opt out of mem- bership;

(b) the mandatory setting up of teacher-student joint staff committees at the University and college levels for discussing University problems and malting suggestions to the appropriate college and University bodies; and

(c) the necessary amendment of the University Acts to provide for participation in and association with the University bodies, such as court [ senate | academic council specified by the Commission by representatives elected by the students Jr * omi- nated by their unions."

3. In section 14 of the principal Act, after the words and figures "•ection 12", the words and figures "or section 12A" shall be "nserted.

Amend - ment of section 14.

STATEMENT OF OBJECTS AND REASONS

Under our Constitutional scheme education is a State subject. Parlia- ment is not 'authorised to pass any laws in respect of University or other education in the States. However, we have the University Grants Commission which has both the powers and the resources necessary to secure improvement in the quality of University education as well as their administration. The Central Government has through the Univer- sity Grants Commission secured such improvement through the judicious use of the Commission's power to make grants to the Universities in the States sphere.

The problem of student unrest is not a problem confined to Central Universities alone. If anything it is even more acute in the State Universities.

This Bill lays on the University Grants Commission a special duty of making recommendation to the State Universities in respect of (a) compulsory setting up of Universities and College Unions which do not at present exist in most States, (b) setting up of joint teacher-student joint staff committee, and (c) association of student representatives with the court|senate|acadmic councils and other University bodies.

It is desirable, therefore, to give the students opportunities for fruitful participation in University life at all levels as well as to provide for training in shouldering important responsibilities. This will help remove the sense of frustration among the students arid thereby make for a more peaceful and healthier academic life.

NEW DELHI; MADHU LIMAYE.

The 3rd January, 1969.

Bim, No. 13 OF 1969

a bill further to amend the Representation of the People Act, 1951.

BE it enacted by Parliament in the Twentieth Year of the Republic

of India as follows: —

1. This Act may be called the Representation of the People (Amend- Short title.

ment) Act, 1969.

43 cf 1950.

2. In section 62 of the Representation of the People Act, 1951, after

sub-section (5), the following sub-section shall be inserted, namely: —

Amend- ment of section 62,

"(6) A person who does not cast his vote without any specific

reason shall be liable to prosecution; and the police, after getting the

list of all persons who have not cast their votes from the Returning

Officer after the voting is over, .shall suo motu file chalans against

them and in case the court is satisfied that the reasons given by a

person for not casting his vote are not adequate, he shall be punish'

able with fine which may extend to fifty rupees or with simple

imprisonment for a term which may extend to one month or with

both.

STATEMENT OF OBJECTS AND REASONS

The practice of preventing backward,^ poor and minority classes of people from casting their votes in elections is on the increase. Forged votes are cast for those who do not come to cast their votes. Casting a vote should be made compulsory for everyone in order to remove this evil and to arouse the democratic feelings in those persons who are indiffernt to politics.

If casting of vote is made compulsory, the expenditure on elections would come down, and the policy of winning the hearts of people instead of their persons will come in vogue.

Hence this Bill.

NEW DELHI ; MAHARAJ SINGH BHARTI.

The 9th January, 1969.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for the prosecution of persons who do

not cast their votes. It may be necessary to appoint more Judges etc. for this purpose. On a rough estimate, the expenditure to be incurred in this behalf and which would have to be met from out of the Consolidated Fund of India shall be about ten lakh rupees. This is a recurring expenditure.

Non-recurring expenditure in this behalf may amount to fifteen lakh

rupees.

BILL N O. 12 OF 1969

A Bill to provide for declaration of religion by a person on attaining

majority.

BE it enacted by Parliament in the Twentieth Year of the Republnc

of India as follows: —

1. (1) This Act may be called the Adoption of Religion Act. 1969.

(2) It extends to the whole of India.

Short Title, extent and commen- cement.

^ (3) It shall come into lorce on such date as the Central Government

may, by notification in the Official Gazette, appoint.

2. 'Religion' means the religion of different communities such as Hindu, Defini- tion Muslim. Christian. Buddhist, etc.

Adoption of religion 3. Every minor boy and girl in India shall be treated as having no IO religion and he shall be treated as belonging .to the religion which he declares as having adopted after attaining the age of majority.

STATEMENT OF OBJECTS AND REASONS

Illiterate, ignorant and minor persons do not understand the deeper philosophies of religion. Inheriting the religion from their parents, they indulge in non-religious activities instead of religious ones due to their ignorance or immaturity. Instead of developing secularism, communa- lism is practised.

Religion is the subject of intellect and soul, and cannot be inherited from parents and a child cannot understand it. When a majority of the population was illiterate, religion as inherited was inevitable but now when education is spreading and every citizen would be an educated person in future, it is necessary to have an acceptable approach towards religion on attaining the age of majority in the interest of national integrity, secularism and the development of brighter aspects of the religion.

Hence this Bill.

NEW DELHI; MAHARAJ SINGH BHARTL

The 17th January, 1969.

S. L. SHAKDHER,

Secretary.