REGISTERED No. D. 221 रजिस्ट्री सं ० डी ० 221
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग 2-खण्ड 2
PART II Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 42]
नई दिल्ली, सोमवार , श्रगस्त, 31 , 1970/ भाव , 9, 1892 (शक )
42 ] NEW DELHI , MONDAY , AUGUST 31 , 1970 / BHADARA 9 , 1892 ( SAKA) No.
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that It may be filed as a separate compilation .
LOK SABНА
The following Bills were introduced in Lok Sabha on the 31st August, 1970:-
BILL No. 91 OF 1970 .
A Bill to prevent insults to national honour .
BE it enacted by Parliament in the Twenty- first Year of the Republic of India as follows:-
1. (1 ) This Act may be called the Prevention of Insults to National Honour Act , 1970.
Short title and extent, (2) It extends to the whole of India.
2. Whoever in any public place or in any other place within public view burns , mutilates , defaces , defiles , disfigures , destroys , tramples upon or otherwise brings into contempt ( whether by words , either spoken or written, or by acts ) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years , or with fine , or with both .
Insult to Indian National Flag and Constitu- tionof India,
Explanation 1. Comments expressing disapprobation or criticism of the Constitution or of the Indian National Flag or of any measures of the Government with a view to obtain an amendment of the Constitution of India or an alteration of the Indian National Flag by lawful means , without exciting or attempting to excite hatred , con- tempt or disaffection towards the Government, do not constitute offence under this section . an
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Explanation 2 .--The expression " Indian National Flag" includes any picture , painting, drawing or photograph, or other visible representation of the Indian National Flag , or of any part or parts thereof , made of any substance or represented on any substance,
Explanation 3. The expression " public place " means any place in- tended for use by , or accessible to , the public and includes any public conveyance .
3. Whoever intentionally prevents the singing of the Indian National Anthem or causes disturbance to any assembly engaged in such singing shall be punished with imprisonment for a term which may extend to three years , or with fine , or with both .
Preven- tion of singing ofIndian National Anthem, etc.
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STATEMENT OF OBJECTS AND REASONS
Cases involving deliberate disrespect to the National Flag, the Na- tional Anthem and the Constitution have come to notice in the recent past. Some of these incidents were discussed in both Houses of Parlia- ment and Members expressed great anxiety about the disrespect shown to the national symbols . Government were urgedto prevent the recur- rence of such incidents . Disrespect to the National Flag, the Constitu- tion or the National Anthem is not punishable under the existing law . Public acts of insult to these symbols of the sovereignty and the inte- grity of the nation must be prevented . Hence the Bill . The scope of the law is restricted to overt acts of insult to , and attacks on , the national symbols by burning , trampling , defiling or mutilating in public . It is not intended to prohibit honest and bona fide criticism of the symbols , and express provision to this effect has been made in the Bill .
K. C. PANT .
NEW DELHI;
The 14th July , 1970 .
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BILL NO . 92 OF 1970
A Bill to amend the Supreme Court Judges ( Conditions of Service )
Act , 1958.
BE it enacted by Parliament in the Twenty- first Year of the Republic of India as follows: --
1. (1 ) This Act may be called the Supreme Court Judges (Conditions of Service) Amendment Act , 1970.
Short title and com- mence- ment.
(2 ) It shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint .
41 of1958,
Amend- ment of section 3 .
2. In section 3 of the Supreme Court Judges ( Conditions of Service ) Act , 1958 (hereinafter referred to as the principal Act ) , in sub-section (1 ) , for clause ( a ) , the following clause shall be substituted , namely : -
" ( a) leave on full allowances (including commuted leave on half allowances into leave on full allowances on medical certificate ) ; or " .
section 5 . Amend ment of 3. In section 5 of the principal Act , in sub - section ( 3 ) , for the words "The maximum period of leave which may be granted " , the words , prackets , figures and letter " Subject to the provisions of sub - section (2 ) of section 5A , the maximum period of leave which may be granted " shall be substituted .
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4. After section 5 of the principal Act, the following section shall be inserted , namely: --
Insertion of new section Б.А.
"5A. (1 ) Notwithstanding anything contained in sub - section (2 ) of section 5 , a Judge may be permitted to commrute leave on half allowances into leave on full allowances on medical certificate up to a maximum of three months during the whole period of his service as a Judge.
Commut- ation of leave on half allow- ances into leave on full allow- ances .
(2) In computing the maximum period of leave on full allowances which may be granted at one time to a Judge under sub - section (3) of section 5, the amount of commuted leave permitted to him under this section shall not be taken into account.".
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STATEMENT OF OBJECTS AND REASONS
Under the Supreme Court Judges ( Conditions of Service) Act , 1958 , when a Judge of the Supreme Court avails of leave on full allowances , he is entitled to full salary ( equal to monthly rate of pay ) for the first 45 days and leave allowance at the rate of Rs . 2,220 per month for the rest of such leave . The maximum period of leave on full allowances which may be granted at one time is five months . Consequently , if a Judge is forced to take long leave for reasons of ill -health , he has to avail of leave on half allowances during which period he is entitled to an allow- ance at the rate of Rs . 1,110 per month only . To give some relief in such cases , it is proposed to extend to the Judges of the Supreme Court the facility of commuting leave on half allowances into leave on full allow- ances on medical certificate up to a maximum period of three months during the entire service as Judge , on the analogy of the provision for "commuted leave " obtaining in the case of Central Government employees .
2. The Bill seeks to amend the Supreme Court Judges ( Conditions of Service) Act , 1958 to achieve the above objective .
RAM NIWAS MIRDHA .
NEW DELHI;
The 12th August, 1970.
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. 19/3/ 69 - Judl.III ( iii ) , dated the 13th August, 1970 from Shri Ram Niwas Mirdha , Minister of State in the Ministry of Home Affairs to the Secretary , Lok Sabha . ]
The President having been informed of the subject matter of the Sup- reme Court Judges ( Conditions of Service) Amendment Bill , 1970 , recom- mends the introduction and consideration of the Bill in the Lok Sabha under article 117 (1 ) and 117 (3 ) of the Constitution of India.
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FINANCIAL MEMORANDUM
Clause 4 of the Bill makes provision enabling a Supreme Court Judge to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum period of three months during the whole period of his service as a Judge .
2. The monthly rate of allowance payable to a Judge while on leave on half allowances is Rs . 1,110 . During leave on full allowances a Judge is entitled to draw full salary (equal to monthly rate of pay) for the first 45 days and leave allowance at the rate of Rs . 2,220 per month for the rest of such leave. If commuted leave is taken in spells of less than 45 days , the monthly allowance will be Rs . 5,000 for Chief Justice and Rs . 4,000 for any other Judge . Since only six months of leave on half allowances can be converted into leave on full allowances , the additional expenditure per Judge , other than the Chief Justice , wouldbe Rs . 4,000 minus Rs . 2,220 , i.e. , Rs . 1,780 for each month of commuted leave or Rs . 5,340 for the entire period of 3 months commuted leave . Assuming that all the 12 Judges of the Supreme Court will avail of commuted leave, the total expenditure will be of the order of Rs . 64,080 . The average period of service of a Supreme Court Judge being 8 years , the annual recurring expenditure will be about Rs . 8,000.
3. There will be no non - recurring expenditure .
S. L. SHAKDHER ,
Secretary .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI . 1970