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REGISTERED No. D.221

The Gazette of India

PUBLISHED BY AUTHORITY ;

PART II—Section 2

EXTRAORDINARY

No.20] NEW DELHI, THURSDAY, MARCH 3. 1969 CHAITRA 13, 1891

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 3rd April,

1969: —

BILL N O. 25 OF 1969

A Bill to provide for setting up a corporation for developmeni of

ancillary cottage industries.

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

of India as follows: —

1. This Act may be called the Modern Cottage Industries Development Short Title.

Corporation Act, 1969.

2. The Central Government shall set up for the purposes of this Act a corporation known as the Modem Cottage Industries Development Corporation (hereinafter referred to as the Corporation) with the co- operation of State Governments,

Setting up of the Modern Cottage Indus- tries Bevelop- ment Corpora- tion.

Capital       3.  (1)  The  original  capital  of  the  Corporation  shall  be  such  sum  not
of         exceeding  fifty  lakhs  of  rupees  as  the  Central  Government  may  fix.
Corpora-
tion.          (2)  The  Central  Government  may  from  time  to  time  increase      the
           capital  of  the  Corporation  to  such  extent  and  in  such  manner  as  that
           Government  may  determine.

(3) Such capital may be provided by the Central Government fro. i

time to time after due appropriation made by Parliament by law for tlw

purpose and subject to such terms and conditions as may be determined

by that Government.

4. The general superintendence, direction and management of the affairs and business of the Corporation shall vest in a board of directors which shall consist of the following, namely: —

(a) a Chairman, to be nominated by the Central Government;

(b) one representative each of the States, elected by the

Legislative Assembly of that State;

Manage- ment of the Cor- poration and the constitu- tion of the Board of Direc- tors.

(c) such representatives of the Central Government, equal in number to that of the State representatives, as are specialists in different industries; and

(d) one representative each of the Ministries of the Central

Government dealing with—

(i) industry, and

(U) labour.

5. The functions of the Corporation shall be as follows:—

Func- tions of the Cor- poration.

(a) to prepare a list of such industries the spare parts for which can be manufactured in the houses of workers on small scale and to prepare prototypes of spares for these industries;

(b) to impart training in the manufacture of various types of spares;

(c) to open centres for supplying raw material for spares, draw-

ings and formats of spares and for receiving manufactured spares;

(d) to open centres for the manufacture of goods by assembling •scares; and

(e) to arrange for the sale of goods so manufactured.

6. The Central Government may, at any time, if it considers it proper, declare any industry, which it thinks can be run by the Corporation successfully, as reserved for the Corporation and may nationalise that industry,

Declara- tion as to reserva- tion and nationali- sation of indus-

Fund of the Corpo- ration.

7. (1) The Corporation shall have its own fund and all receipts of the Corporation shall be credited thereto and all payments of the Corpora- tion shall be met therefrom.

(2) Such fund shall be applied for meeting all administrative ex- penses of the Corporation and for carrying out the purposes of this Act.

8. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. v

Power to make rules.

(2) Every rule made by the Central Government under this section 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 imme- diately 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 effe \ 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.

STATEMENT OF OBJECTS AND REASONS

There are crores of persons in the country who can utilise their spaie time at home by running economical industries and can earn extra income. The old cottage industries are almost extinct and self-sufficiency cannot be attained through them. In this age of industrialisation, there are hundreds of industries for which spare parts can be manufactured at home by using electricity. As in Japan, the manufacturers of such spares, apart from earning their livelihood, will be able to manufacture cheap exportable goods worth crores of rupees and huge amount of foreign exchange will be earned.

Extensive industrialisation will be possible without raising huge amount of capital. The industry will not fail even in times of economi , recession. Unemployment will oe removed, monopoly will end and demo- cracy will be strengthened by decentralisation.

Hence this Bill.

NEW DELHI; MAHARAJ STNGH BHARTI.

The 16th February, 1&69.

FINANCIAL MEMORANDUM

The original capital of the Modern Cottage Industries Development Corporation shall not exceed fifty lakhs of rupees. The capital will be fixed by the Central Government and provided by it from time to time after due appropriation made by Parliament by law for the purpose and subject to such terms and conditions as may be determined by the Centra] Government. Provision has been made for increasing the capital of the Corporation by the Central Government from time to time. Clause 3 Lj. the Bill).

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 of the Bill empowers the Central Government to make rules to carry out the purposes of this Act. These rules will relate mainly to matters of a routine or administrative nature. Moreover, the rules shall be subject to the scrutiny of Parliament. The delegation of legisla- ve power is thus of a normal character.

BILL NO. 30 OF 1969

/ Bill further to amend the Indian Telegraph Act, 1885.

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

India as follows: —

Short title.

1. This Act may be called the Indian Telegraph (Amendment) Act,

1969.

2. For section 5 of the Indian Telegraph Act, 1885, the following section IB ol 1885. 5

shall be substituted, namely:—

10

"5. (1) On the issue of a Proclamation of Emergency b*r the President under article 352 of the Constitution of India and during the period in which such a Proclamation ia in force, the Central Government or a State Government, or any officer specially authorised in this behalf by the Central or a State Government, may, in the interest of public safety,—

Substitu- tion of section 5. Power for Gov- ernment to take possession of licen- sed tel*- graj-¹

0' (a) take temporary possession of any telegraph established,

maintained or worked by any person licensed under this Act; r (b) order that any message or class of messages to or

J5

any person or class of persons, or relating to any parties ject, brought for transmission by or transmitted or receiv

any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order.

(2) If any doubt arises as to whether any act done under sub- section (1) was in the interest of the public safety, a certificate of the Central or, as the case may be, the State Government shall be conclusive proof on the point",

STATEMENT OF OBJECTS AND REASONS

The Indian Telegraph Act, 1885 is an anachronistic statute containing some undemocratic features such as the discretionary powers given to the Government to intercept and withold telegrams containing allegedly ob- jectionable matter,

This arbitrary power was given by the British Government to the Tele- graph authorities to deny to the rising nationalist movement facilities for easy communication.

This antiquated provision should have been removed from this statute long ago. But instead of doing that the Central Government and the Tele- graph Department have used these arbitrary powers to suppress telegrams sent to Members of Parliament during popular movements such as the teachers' strike in Uttar Pradesh and the recent agitation in Orissa.

The words 'public emergency¹ used in this Act do not have the same connotation as 'Emergency' under article 352 of the Constitution.

It is arguable whether this provision is legally consistent with the freedoms granted to the people under Part III of our Constitution. But even assuming that technically it is intra vires of the Constitution, it car not be denied that it militates against the spirit of democracy and free- dom of speech and communication.

If the telegrams transmitted in normal times offend against some exis- ting law, the sender of the telegram should be proceeded against untler the ordinary law of the land. To withhold these telegrams or censor them in normal times is unjust.

This Bill is designed to curtail I his power and restrict its use only to periods of national emergency.

NEW DEUH; MADHU LIMA YE.

The 26lh February, 1969.

BILL N O. 26 OF 196&

A Bill further to amend the Constitution of J"

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

India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1969.

Short title.

2. In the Eighth Schedule to the Constitution, after entry 6, the fol- lowing entries shall be inserted, namely: —

Amend- ment of Eighth Schedule.

(a) "6A. Magahi".

(b) "6B. Maithili".

STATEMENT OF OBJECTS AND REASONS

The Maithili language is a rich language. It is spoken by more than two crores of people. Besides, it is an international language, spoken in Nepal also. The Sahitya Academy has already recognised it as one of the languages of India. Now it is imperative that it should be duly re- cognised by including it in the Eighth Schedule to the Constitution of India. In the same way, the Magahi language should be given due re- cognition in the Eighth Schedule.

Hence the Bill

NEW DELHI;

Tiie 27th February, 1969. SHIVA CHANDRA JHA

BILL NO. 29 OF 1969

A Bill to prevent cow slaughter in India

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

"f India as follows: —

1. (i) This Act may be called the Prevention of Cow Slaughter Act.

1869.

(ii) It shall come into for"e at once.

Short title arid Com- mence- ment.

2. In this Act, unless there is anything repugnant in the subject or

Defto- tionf. context,—

(a) "'cognizable offence'¹ shall have the same meaning as assig-

ned to it in the Code of Criminal Procedure. 1898; 5 •) -js&t

(b) "cow" includes he-calves and she-calves, bullocks and bulls;

(c) "slaughter" means killing by any means whatsoever and for

:my purpose.

3. No person shall kill or cause to be killed a cow lor any purpose or

at any place in India.

Ban on Cow ••Inugliter.

Penalties.

4. Any person who contravenes the provisions of section 3 shall be punishable with imprisonment of either description for a term which may extend to ten years or with fine which may extend to five thousand rupees or with both.

10 5. An offence under this Act shall be a cognizable offence.

Offence to lie cogni- zable.

STATEMENT OF OBJECTS AND REASONS

Cow has been held in high esteem in India since times immemorial It is also worshipped in certain parts of India on account of its qualities. Its milk is beneficial for the children and the sick, the bullocks are used in agriculture. The slaughter of cow not only hurts the religious suscep- tibilities of millions of Indians but it also deprives them of life-saving milk. In order to preserve the cow it is necessary to enact a legislation for the purpose,

Hence the Bill.

NEW DELHI- HARDAYAL DEVGUW, 27th February, 1989.

A Bill No. 28 OF 1969

A Bill junker to amend the Constitution oj Mdia

BE it enacted by Parliament in the Twentieth Year of the

Republic of India as follows: —

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

1969.

(2) It shall come into force at once.

2. In article 19 of the Constitution,—

S

(i) in clause (1), the following sub-clause shall be inserted, at

Short title and Com- mence- ment. Amend- ment of article 19.

the end, namely: —

TO

"(h) to vote freely in elections to the House of the People, the appropiiate Legislative Assembly of a State or an appropriate representative body established by law in a Union territory and the appropriate local body or bodies."

(ii) the following clause shall be inserted at the end, namely: —

5 "(7) Nothing in sub-clause (h) of clause (1) shall affect the operation of any existing law or prevent the appropriate Legis- lature from making any law imposing disqualification on the ground that he or she is below the age of eighteen on such date as may be fixed in that behalf by the appropriate legislature, or on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice."

3- For article 326 of the Constitution, the following article shall be

to substituted, namely: —

Substitu- tion of article 326.

'5 "326. The elections to the House of the People, Legislative As- sembly of every State and the representative body established by law in a Union territory and all local bodies throughout the territory of India, shall be held on the basis of adult suffrage; that is to say, every person who has a right to vote under article 19(1) (h) shall be entitled to be registered as a voter at any such election.".

Elections to the House of the People and to the Legisla- tive As- semblies of States, etc, to be on the basis of adult suffrage.

STATEMENT OF OBJECTS AND REASONS

Not only individual democratic freedoms but ike very concept of fun- damental rights as inviolable rights reserved by the people for them- selves and beyond the reach of the tyranny of temporary legislative majorities is at present under ?t:ack.

Voices have also been heard against the principle oi universal .sui'n'-.ye and free elections. These voices have openly supported some torm of guided democracy anti a system of indirect elections based en limited franchise. These people would like to restrict the inherent right of the people to choose their Government to an elite, the so-called enlightened minority.

In this aiUi-democraUc^fmd authoritarian climate, it is necessary for all those who believe in*3"wlutionary change not only to work for the preservation and btrengthemng of people's democratic rights but also to fight for electoral reform, tor curbs on the power of money and brute force and, for the transformation of the right to vote into a fundamental right. It is necessary to confer this right on all boys and girls who are 18 years of age or above.

In view of the growing consciousness among tut.- youth and with a view to injecting new blood into our worn-out, asking political system, it is necessary to change the concept of adult franchise. Adult franchise, to be truly universal, must now embrace all citizens who are below the age of 21 years but are above 18.

This would help bring about a qualitative change in the outlook of our representatives as also the temper of our politics, making the admin- istrations and the Legislatures more responsive to the problems of youth, namely unemployment, inadequate education, nutrition, sports and the TSke.

This Bill seeks to make the right to vote for all those who are 18 or ahnve a fundamental right.

NEW DKLKI; MADHU LIMAYE.

The 3rd March. 1969.

P^ANCIAL MEMORANDUM

TMs Bill proposes to make all tht v ^ ng people who are. between the

ages of J8 and 21, voters for the purpose of elections to Legislatures and local bodies. This wouJd entail additional outlay on the preparation ©f electoral rolls "tc I guess this wil] approjfiraately be on*³ tniUioTi rupeat pet¹ year

S - l. SHAKDBXR,

PSieTi'KD IN I,M0t% 3Y THl,,"K"(rg&At MAJfACS?, "OVM?NMiSJSfI Ol' INIITA Tiffins,