REGISTEDED NO . D. 221 रजिस्ट्री सं ० डी० 221
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II--खंड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
No. 3 ] NEW DELHI , WEDNESDAY, FEBRUARY 11 , 1970/ MAGHA 22 , 1891
सं० 3]
नई दिल्ली, बुधवार , फरवरी 11 , 1970/ माघ 22 , 1891
इस भाग म भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप म रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
MINISTRY OF LAW
(Legislative Department)
New Delhi , the 11th February , 1970/ Magha 22, 1891 ( Saka )
The following President's Acts are published for general informa- tion:-
THE BIHAR PANCHAYAT SAMITIS AND ZILA PARISHADS ( AMENDMENT) ACT, 1970
NO . I OF 1970
Enacted by the President in the Twenty -first Year of the Republic of India .
An Act further to amend the Bihar Panchayat Samitis and Zila Parishads Act, 1961 .
32 of 1969.
In exercise of the powers conferred by section 3 of the Bihar State Legislature ( Delegation of Powers ) Act , 1969, the President is pleased to enact as follows:-
1. (1) This Act may be called the Bihar Panchayat Samitis and Zila Parishads (Amendment ) Act , 1970 .
Short title and com- mencement ..
(2) It shall be deemed to have come into force on the 8th day of July, 1969.
BiharAct VI of 1962.
2. In the first proviso to sub -section (2) of section 8 of the Bihar Pan- Amendment chayat Samitis and Zila Parishads Act , 1961 (hereinafter referred to as the of section 8. principal Act ) , for the words " six months " , the words " twelve months " shall be , and shall be deemed always to have been , substituted .
(27) 28
THE GAZETTE OF INDIA EXTRAORDINARY [PART II
Amendment of section 38 .
3. In the first proviso to sub- section ( 2) of section 38 of the principal Act, for the words " six months" , the words " twelve months" shall be , and shall be deemed always to have been, substituted .
Repeal and saving
4. The Bihar Panchayat Samitis and Zila Parishads (Amendment) Ordinance , 1969 , is hereby repealed .
Bihar Ordi- nance II of1969.
(2) Notwithstanding such repeal anything done or any action taken, in exercise of any power conferred by or under the principal Act as amended by the said Ordinance , shall be deemed to have been done or taken in exer- cise of the powers conferred by or under the principal Act as amended by this Act.
V. V. GIRI , President .
N. D. P. NAMBOODIRIPAD , Joint Secy . to the Govt . of India .
Reasons for the enactment
The elections of Pramukh and Up -Pramukh of the Panchayat Samitis in the district of Dhanbad and those of Adhyaksha and Upadhyaksha of the Zila Parishad , Dhanbad , were initially held in the month of Septem- ber, 1965 and December , 1965 , respectively . The normal period of three years of their terms expired in the month of September , 1968 and Decem- ber , 1968. But the terms were extended vide Government of Bihar in the department of Community Development and Panchayat's Notification No. 13648 , dated the 29th August , 1968 for a period of six months . The Notification for the extension of the terms was issued under section 8 ( 2 ) and section 38 ( 2) of the Bihar Panchayat Samitis and Zila Parishads Act , 1961. Under these sections the terms of the Pramukh and Up - Pramukh , and Adhyaksha and Upadhyaksha may be extended for a period not exceeding six months . The extended term of the Pramukh and Up- Pra- mukh of the Panchayat Samitis and Adhyaksha and Upadhyaksha of the Zila Parishad was due to expire in the month of March , 1969 and June , 1969 , respectively.
2. Pending the conduct of fresh elections of the Gram Panchayats and Zila Parishads of the District of Dhanbad it was imperative to extend the terms of the Pramukh and Up - Pramukh of the Panchayat Samitis and Adhyaksha and Upadhyaksha of the Zila Parishad in order to ensure their continuity . With this end in view an Ordinance , namely, the Bihar Panchayat Samitis and Zila Parishads (Amendment ) Ordinance, 1969 (Bihar Ordinance II of 1969 ) was promulgated by the Governor of Bihar on 17th April , 1969 , amending suitably the provisions of sections 8 and 38 of the Act. A Bill to replace that Ordinance could not be introdu- ced in the Bihar Legislative Assembly due to its abrupt end, followed by the Proclamation dated the 4th July, 1969 , issued by the Vice-President acting as President under article 356 of the Constitution.
SEC. 1 ]
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The Ordinance , referred to above , ceased to be operative with effect from the 8th July , 1969 , six weeks after the re - assembling of the State Legislature as per article 213 ( 2) ( a) of the Constitution . To validate action taken , by the main office bearers of the Panchayat Samitis and Zila Parishad, in Dhanbad , from that date , and to enable them to discharge their duties of the office till such time as may be taken in installing new office bearers in accordance with the provisions of the Act , it is necessary to have an amending legislation extending their terms of office. The State Legislature is not functioning at present and the proposed legislation can be enacted only as a President's Act under powers conferred on the Presi- dent by section 3 of the Bihar State Legislature (Delegation of Powers ) Act, 1969 (32 of 1969 ) .
3 The present measure seeks to replace the aforesaid Ordinance , retrospectively .
The Committee constituted under the proviso to sub - section ( 2 ) of section 3 of the Bihar State Legislature (Delegation of Powers ) Act, 1969 (32 of 1969 ) has been consulted before enactment of this measure as President's Act .
B. R. PATEL ,
Secy . to the Govt . of India .
Ministry of Food , Agriculture , Community Development and Co - operation (Department of Community Development )
THE BIHAR DISTRICT BOARDS AND LOCAL BOARDS ( CONTROL AND MANAGEMENT) AMENDMENT ACT , 1970
NO. 2 OF 1970
Enacted by the President in the Twenty - first Year of the Republic of India .
An Act further to amend the Bihar District Boards and Local Boards ( Control and Management) Act, 1958 .
3a of 1969.
In exercise of the powers conferred by section 3 of the Bihar State Legislature ( Delegation of Powers ) Act , 1969 , the President is pleased to enact as follows : -
1. (1 ) This Act may be called the Bihar District Boards and Local Boards (Control and Management ) Amendment Act , 1970.
Short title and commence- ment.
(2) It shall be deemed to have come into force on the 8th day of July, 1969.
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 30
Amendment ofsection a.
Bihar Act XX of1958 .
2. In section 2 of the Bihar District Boards and Local Boards (Control and Management ) Act, 1958 (hereinafter referred to as the principal Act);
(a) in sub - section ( 2 ) , for the words , figures and letters " till the 31st March , 1969 " , the words , figures and letters " till the 30th Septem- ber , 1970" shall be , and shall be deemed always to have been, substi- tuted;
(b) after sub - section (2 ) , the following sub -section shall be , and shall be deemed always to have been , inserted , namely : -
" (3) Notwithstanding anything to the contrary contained in the said Act or the rules framed thereunder , any person aggrieved by an order of the person or persons appointed under sub - section (2) may, within two months from the date of the order , prefer an appeal to such authority as the State Government may , by notification in the Official Gazette , appoint and the order of the appellate authority thereon shall be final ." .
Repeal and savings.
3. ( 1 ) The Bihar District Boards and Local Boards ( Control and Management ) (Amendment ) Ordinance , 1969 , is hereby repealed .
Bihar Ordi- nance I of 1969.
(2) Notwithstanding such repeal anything done or any action taken, exercise of aný power conferred by or under the principal Act as amended by the said Ordinance , shall be deemed to have been done or taken in exercise of the powers conferred by or under the principal Act as amended by this Act .
V. V. GIRI , President .
N. D. P. NAMBOODIRIPAD , Joint Secy . to the Govt . of India.
Reasons for the enactment
Under the Bihar District Boards and Local Boards ( Control and Management ) Act, 1958 , as amended from time to time , the control and management of all District Boards and Local Boards in the State of Bihar was taken over by the State Government and their administration has been carried on by the Administrators appointed by the State Government . The term of office of these Administrators was extended on the last occasion from 1st April , 1969 to 31st March , 1970 , by the Bihar District Boards and Local Boards ( Control and Management) (Amendment ) Ordinance , 1969 (Bihar Ordinance I of 1969 ) . Opportunity was also taken by the State Government to provide for in the said Ordinance an appeal against the orders of the Administrator. A Bill to replace that Ordinance could not be introduced in the Bihar Legislative Assembly due to its abrupt end, followed by the Proclamation dated the 4th July , 1969 , issued by the Vice- President acting as President under article 356 of the Constitution.
SEC. 1 ]
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2. The District Boards in the State of Bihar will ultimately be abolished under section 66 of the Bihar Panchayat Samitis and Zila Parishads Act , 1961 (Bihar Act VI of 1962 ) after the Panchayati Raj bodies are set up under that Act. At present , Panchayati Raj bodies are functioning in three districts of Bihar , namely , Bhagalpur , Ranchi and Dhanbad . The Panchayati Raj system is yet to be implemented in the remaining districts of Bihar where at present the District Boards and Local Boards are func- tioning through the Administrators appointed by the State Government as stated above . It is , therefore , necessary to continue the control and management of the District and Local Boards through the Administrators until the 30th September , 1970 by which time the Panchayati Raj Scheme in those districts of the State is likely to be implemented .
3. The present measure seeks to replace the Bihar District Boards and Local Boards ( Control and Management ) ( Amendment) Ordinance , 1969 (Bihar Ordinance I of 1969 ) , retrospectively .
The Committee constituted under the proviso to sub - section (2) of sec- tion 3 of the Bihar State Legislature ( Delegation of Powers) Act , 1969 (32 of 1969 ) has been consulted before enactment of this measure as President's Act .
B. R. PATEL ,
Secy. to the Govt . of India , Ministry of Food , Agriculture , Community Development and Co - operation (Department of Community Development ) .
THE BIHAR UNIVERSITIES ( AMENDMENT) ACT , 1970
NO. 3 OF 1970
nacted by the President in the Twenty-first Year of the Republic of India .
An Act further to amend the Bihar State Universities (University of Bihar , Bhagalpur and Ranchi) Act , 1960 and the Magadh University Act, 1961 .
32 of 1969.
In exercise of the powers conferred by section 3 of the Bihar State Legislature (Delegation of Powers ) Act , 1969 , the President is pleased to enact as follows:--
1. (1 ) This Act may be called the Bihar Universities (Amendment) Act, 1970.
Short title and com- mеnсеmеnt
(2) It shall come into force on the 26th day of February , 1970 .
2. After section 48A of the Bihar State Universities ( University of Bihar , Bhagalpur and Ranchi ) Act , 1960 , the following section shall be inserted , namely :-
Insertion of 48B in Bihar new section ActXIV of 1960.
"48B. Notwithstanding anything contained in sub- sections (6) , (7 ) , (8 ) , ( 9 ) , ( 10 ) and ( 11) of section 48A , the governing body of an affiliated college established by a minority based on religion or langu- age may , with the approval of the University Service Commission and the Syndicate ,-
colleges Power of established and admi- nistered by minorities , to makej appoint- ments , etc. , ofteachers.
(i) appoint, dismiss or remove teachers ; or
32
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II
(ii) terminate the services of teachers or reduce them in rank or take other disciplinary measures against them. ".
3. To section 45 of the Magadh University Act , 1961 , the following proviso shall be added, namely:-
Amend ment of section 45 ofBihar Act IV of 1961 .
"Provided that the governing body of an affiliated college estab- lished by a minority based on religion or language may , with the approval of the University Service Commission and the Syndicate ,-
(i) appoint , dismiss or remove teachers ;
(ii) terminate the services of teachers or reduce them in rank or take other disciplinary measures against them." .
V. V. GIRI , President.
N. D. P. NAMBOODIRIPAD , Joint Secy. to the Govt . of India .
Reasons for the enactment
While the State of Bihar was under the President's rule under the Proclamation, dated the 29th June , 1968, the President enacted the Bihar Universities (Amendment ) Act , 1968 (24 of 1968 ) as a President's Act in exercise of the powers conferred on him by section 3 of the Bihar State Legislature (Delegation of Powers ) Act , 1968. This legislation was enacted in pursuance of the direction of the Supreme Court of India in the case of Rev. Father W. Proost and another versus the State of Bihar and others . The Supreme Court had held that section 48A of the Bihar State Universities ( University of Bihar , Bhagalpur and Ranchi ) Act , 1960, and section 45 of the Magadh University Act , 1961 affected the Fundamental Rights of religious minorities ' institutions as contemplated under articles 29 and 30 of the Constitution and directed the Government of Bihar to bring some amendment therein to protect such Fundamental Rights of the minoritics ' institutions .
2. As provided in clause (2) of article 357 of the Constitution, any law so made by the President , which the President would not but for the issue of the Proclamation have been competent to make , shall , to the extent of incompetency cease to have effect on the expiration of a period of one year after the Proclamation has ceased to operate , unless any such law is re- pealed or re - enacted with or without modification by Act of the appro- priate Legislature . The Proclamation dated the 29th June , 1968 was re- voked by the President after the mid- term elections in the State, by a Proclamation , dated the 26th February , 1969. Accordingly , the aforesaid Bihar Universities (Amendment ) Act, 1968 would cease to have effect on the 25th February , 1970 , unless it is repealed or re - enacted with or without modification .
SEC. 1 ]
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3. The Government of Bihar could not replace the Bihar Universities (Amendment) Act , 1968 by an Act of the State Legislature before it was suspended by the President under a Proclamation, dated the 14th July , 1969. The present legislation seeks to re - enact the aforesaid Act as a President's Act , without any modification.
4. The Committee constituted under the proviso to sub- section ( 2) of section 3 of the Bihar State Legislature ( Delegation of Powers ) Act, 1969 (32 of 1969) has been consulted before the enactment of this measure as a President's Act .
G. K. CHANDIRAMANI ,
Addl . Secy . to the Govt . of India. Ministry of Education and Youth Services.
THE BIHAR RE - ENACTING ACT , 1970
NO . 4 OF 1970
Enacted by the President in the Twenty - first Year of the Republic of India .
An Act to re - enact certain enactments .
32 of 1969 .
In exercise of the powers conferred by section 3 of the Bihar State Legislature ( Delegation of Powers ) Act , 1969 , the President is pleased to enact as follows : --
1. ( 1) This Act may be called the Bihar Re- enacting Act , 1970 .
(2) It shall come into force at once .
Short title and commence- ment .
2. The President's Acts mentioned in the Schedule are hereby enacted with the modifications specified therein .
rc- Re - enact- ment of certain President's Acts.
THE SCHEDULE
(See section 2 )
PRESIDENT'S ACTS
1. The Bihar Land Reforms (Validation) Act , 1969 ( 2 of 1969) .
2. The Ranchi District Tana Bhagat Raiyats ' Agricultural Lands Res- toration (Amendment ) Act, 1969 ( 3 of 1969 ) .
Section 2. For " the 31st day of March , 1970 " , substitute " the 31st day of March , 1971 " .
3. The Chota Nagpur Tenancy (Amendment) Act , 1969 (4 of 1969 ) .
Bihar and Orissa Act VI of 1935 .
22 of 1969 .
Section 2. After " the Bihar and Orissa Co - operative Societies Act , 1935 , " , insert " or to the State Bank of India or a bank specified in column ( 2) of the First Schedule to the Banking Companies Acquisition and Transfer of Undertakings ) Act , 1969 , " .
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[PART II
34
Section 3.-After " the Bihar and Orissa Co - operative Societies Bihar and Orissa Act, 1935 , or" , insert " by the State Bank of India or a bank specified A in column ( 2) of the First Schedule to the Banking Companies 19 (Acquisition and Transfer of Undertakings) Act, 1969 , or by" . 1
4 The Bihar Tenancy ( Amendment ) Act , 1969 ( 7 of 1969 ) .
2201 1969.
Orissa Section 2.-After " the Bihar and Orissa Co- operative Societies Bihar and Act , 1935 , " , insert " or with the State Bank of India or a bank specified Act VI of in column (2 ) of the First Schedule to the Banking Companies 1935 . (Acquisition and Transfer of Undertakings ) Act , 1969 , " .
V. V. GIRI , President .
N. D. P. NAMBOODIRIPAD , Joint Secy . to the Govt . of India .
Reasons for the enactment
By a Proclamation , dated the 29th June , 1968 , issued by the President under article 356 of the Constitution of India , the powers of the Legisla- ture of the State of Bihar were declared to be exercisable by or under the authority of Parliament . By the Bihar State Legislature (De- legation of Powers ) Act, 1968 (39 of 1968 ) , Parliament conferred on the President the power of the Legislature of the said State to make laws . By virtue of these powers , the President, inter alia , enacted the following Acts for the State of Bihar :-
1. The Bihar Land Reforms ( Validation) Act, 1969 ( 2 of 1969 ) .
2. The Ranchi District Tana Bhagat Raiyats ' Agricultural Lands Restoration ( Amendment ) Act , 1969 ( 3 of 1969 ) .
1969 ) . 3. The Chota Nagpur Tenancy ( Amendment ) Act , 1969 (4 of
4. The Bihar Tenancy (Amendment ) Act , 1969 (7 of 1969 ) .
2. The said Proclamation was , after the mid - term elections , revoked by the President by a Proclamation, dated the 26th February , 1969, and therefore , the Proclamation ceased to be in force on that date. Under clause ( 2 ) of article 357 of the Constitution, the President's Acts men- tioned in paragraph 1 will cease to have effect on the expiration of a period of one year after the Proclamation ceases to operate unless they are re- enacted.
3. The present enactment is intended to re - enact the said four Acts . Opportunity has also been taken to extend up to the 31st March, 1971 , the period within which the proceedings for restoration may be initiated under the Ranchi District Tana Bhagat Raiyats ' Agricultural Lands Res- toration Act, 1947, and to enable an occupancy- raiyat or a tenant to THE GAZETTE OF INDIA EXTRAORDINARY
Sec. 1 ]
35
obtain agricultural credit against simple mortgage under the Chota Nag- pur Tenancy Act, 1908, or the Bihar Tenancy Act , 1885, as the case may be, also from the State Bank of India or the banks specified in column ( 2) of the First Schedule to the Banking Companies (Acquisition and Trans- fer of Undertakings ) Act , 1969 .
4. The Committee constituted under the proviso to sub -section ( 2) of section 3 of the Bihar State Legislature (Delegation of Powers ) Act , 1969 (32 of 1969 ) has been consulted before the enactment of this measure as a President's Act.
B. R. PATEL,
Secy . to the Govt . of India , Ministry of Food, Agriculture , Community Development and Co - operation .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1970