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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

LOK SABHA

The following Bills were introduced in Lok Sabha on. the 12th Novem-

ber, 1970: —

BILL NO, 93 OF 1970

A bill further to amend the Constitution of India.

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 Constitution (Amendment) Act,

1970.

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

Short title and com- mence- ment.

may, by notification in the Official Gazette, appoint.

2. In article 16 of the Constitution, after clause (5), the following new

clause shall be inserted, namely: —

Amend- ment of article 16.

"(6) All citizens shall have the right to employment and, in the event of their having failed to procure any employment, the State shall pay to every unemployed person a sustenance allowance."

( S97 )

STATEMENT OF OBJECTS AND REASONS

Article 39(a) of the Constitution enjoins upon the State, in particular, to direct it* policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood. Mainly be- cause this right is not justiciable, the State has done precious little so far towards fulfilling this objective. The present dispensation which does not guarantee the right to employment is slowly and imperceptibly cor- roding the peoples' faith and confidence in the present set-up and edging on the country to the brink of a cataclysm. The Directive Principles of State Policy are certainly not meant to be empty platitudes but they are the cornier stone, the substratum and the nucleus of the State activity. This Bill seeks to guarantee the right to employment and make it justi- ciable.

PRAKASH VIR SHASTRI

NEW DELHI;

The 6th August, 1970.

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

[Copy of letter No. MP-10(138) |1970, dated the 29th August, 1070 from Shri D. Sanjivayya, Minister of Labour and Rehabilitation to the Secre- tary, Lok Sabha.]

The President having been informed of the subject matter of the Con- stitution (Amendment) Bill, 1970 (Amendment of article 16) by Sarva- shri Prakash Vir Shastri, Ram Charan and Shiv Kumar Shastri, M.Ps. recommends the consideration of the Bill in the Lok Sabha under articlt 117(3) .i>f the Constitution.

SEC. 2] Tttfe GAZETTE O*T iNblA ifiXtRAOftDiNTAtlV Sy9

FINANCIAL MEMORANDUM

The Bill seeks to provide for the payment of sustenance allowance to those citizens who have failed to procure any suitable employment for themselves. This does not involve any non-recurring expenditure. Th" recurring expenditure from the Cbnsolidated Fund of India is likely to be of the order of Rs. 5 crores.

BILL N O. 97 OF 1970

A Bill further to amend the Constitution of India

BE it enacted by Parliament in the Twenty-flrst Year of the Republic

of India aa follows: —

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

1970.

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

may, by notification in the Official Gazette, appoint.

2. In the Seventh Schedule to the Constitution, in List I-Union List,

after entry 54, the following new entry shall be Inserted, namely:—

Amend-

ment of

the

Seventh

Schedule.

"54A. Preservation and improvement of breeds, and prohibiting the slaughter of cows and calves, cxen and other milch and draught cattle."

STATEMENT OF OBJECTS AND REASONS

Necessary attention has not been devoted to the task of organising agriculture and animal husbandry. Although, article 48 lays down the necessity for this, yet a uniform policy in this direction has not been evolved. The aim and object of article 48 can be speedily and effectively achieved if Parliament is empowered to legislate on matters relating to the promotion of animal husbandry in all its vital aspects.

Hence the Bill.

NEW DELHI;

The 11th Auaust, 1970. OM PRAKASH TYAGL

BELL NO. 96 or 1970

A till further to amend the Constitution of India.

ti it enacted by Parliament In the Twenty-first Year of the Republic of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1&7Q.

Short title

2. In article 74 of the Constitution,—

(i) for clause (1), the following clause shall be substituted, namely: —

Amend- ment of article 74.

" (1) There shall be a Council of Ministers, not exceeding 40 In number, with the Prime Minister at the head to aid and advise the President in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them In hit dtocretlon.";

(ti) clause (2) shall be re-numbered as clause (3) and before clause (3) as so re-numbered, the following clause shall be Inserted, namely: —

u (2) If any question arises whether any matter is or is not a m at ter as respects which the President is by or under this Constitution required to act in his discretion, the decision of the President in his discretion shall be final, and the validity of anything done by the President shall not be called in question on the ground that he ought or ought not to have acted in his discretion."; and

(iii) after clause (3) as re-numbered, the following clause shall be Inserted, namely: —

" (4) Without prejudice to the generality of the foregoing clauses* the superintendence, direction and control of the elec- tions, the appointment of the Prime Minister, the dissolu- tion of the House of the People and the appointment of the Judges of the Supreme Court and the High Courts shall be within the discretionary powers of the President.".

STATEMENT OF OBJECTS AND REASONS

Our Constitutional set-up is broadly patterned on the British model and as such the Head of the State here, namely, the President in most of the cases acts on the advice tendered by the Council of Ministers. But there are certain matters such as the superintendence, direction and control of elections, appointment of the Prime Minister, dissolution of the House of the People and the appointment of the Judges of the Supreme Court and High Courts, in which he must act in his discretion for the smooth func- tioning of the democracy. In a kaleidoscopic situation at the Centre with group loyalties changing rapidly—as evinced by most of the States after the last general elections—the position and authority of an entrenched Pre- sident assumes greater importance than the ephemeral Prime Minister. With a view to warding off any Constitutional crisis In future it is impera- tive that the President should be clothed with discretionary powers.

Hence this Bill.

PRAKASH VIR SHASTRI.

NEW DELHI;

The 12th August, 1970.

BILL N O. 99 OF 1970

A bill further to amend the Indian Final Code.

BE it enicted by Parliament in the Twenty-first Year of the Republic

of India as follows: —

1. (1) This Act may be called the Indian Penal Code (Amendment)

Act, 1970.

(2) It extends to the whole of India.

Short title, extent and commence- ment.

(3) It shall come into force at once.

2. To section 53

Amend- ment of section 63.

"Provided that notwithstanding anything contained in this sec- tion or any other section of this Code which empowers a Court to award a sentence of death, no Court shall inflict such a sentence for any offence in this Code, excepting an offence punishable under section 303, unless it finds appreciable aggravating factors in the crime, and which factors shall be clearly enumerated in the judg- ment of the Court."

STATEMENT OF OBJECTS AND REASONS

The laws relating to Crime and Punishment have become outdated. The traditional crimes such as Murder and Dacoity pale into insignifi- cance before the new type of anti-social crimes such as black-marketing, adulteration of drugs and foodstuffs etc., for while the murderer usually kills only one victim, these anti-social criminals commit wholesale murder and pose a far greater menace to the community than an ordinary murderer or a dacoit. And yet under the existing laws of punishment, it is the black-marketeer and the adults.ilor of drugs and foodstuffs who, even when he is found guilty, escapes with a light punishment, and it is the murderer and the dacoit who is awarded a much heavier sentence and quite frpquently the extreme penalty of death.

The rising social consciousness of the people has also brought about a change in their perspective and crime is no longer looked upon as the isolated act of an individual but it is increasingly realised that the social and economic pressure of the environment created by the way of life adopted by the Community plays a very large part in forming, nursing and developing those mental and emotional aberrations which precipitate a crime. The "responsibility for the crime is not of the individual alone but of the Community also and so a death sentence appears to be a legacy of the barbaric past. Further, statistics show that the death sentence has not achieved its purpose for the rising spiral of crime, including such offences which are punishable with death, shows that it has failed to act as a deterrent. Instances are also not wanting where an innocent person has paid this penalty but the finality of the sentence leaves no scope for amends and wanton killing was done in the namr of justice.

Can the death penalty be abolished in every case⁷ This experiment was tried in some foreign countries but it did not prove successful and it had to be brought back on the statute book though in a modified form.

This Bill is an attempt to reach a 'via media'. While it does not totally abolish the death penalty it reverses the approach which should be made in such a case. The existing approach is that death penalty should nor- mally be inflicted where a life has been taken, but if there are extenuat- ing circumstances, the alternative punishment of life imprisonment should be awarded. The suggested approach in this Bill is that the normal punishment should be a sentence of imprisonment and only if there are appreciable aggravating factors, a death penalty should be inflicted

Exception has been made in the case of an offence under section 303 of the Indian Penal Code for the aggravating factors exist in the definition of the offence itself.

NEW DELHI;

ANAND NARAIN MULLA.

The 12tJi August, 1970

BILL No. 101 or 1970

A Bill further to amend the Constitution of tndia.

BE it enacted by Parliament in the Twenty-first Year of the Republic

of India as follows:~

1. This Act may be called the Constitution (Amendment) Act, 1970.

Short title.

2. In article 335 of the Constitution,—

(i) the words "consistently with the maintenance of efficiency of

administration" shall be omitted; and

Amend, mental artida 335.

(ii) after the word "appointments", the words "and promotions"

shall be inserted.

STATEMENT OF OBJECTS AND REASONS

It has been noticed that most of the Scheduled Caste and Scheduled Tribe candidates for services are rejected on the alleged ground that they w e re not found "suitable" for t he poBts for which t he recruitment was made. Advertisements for recruitment Issued by the various Gov- ernment Departments and Public Undertakings openly announce that "if suitable Scheduled Caste and Scheduled Tribe candidates are not available, the posts will be treated as unreserved"- This "suitability" is purely a subjective term and is more often than not made as an excuse for not selecting the Scheduled Caste and Scheduled Tribe candidates for services. The excuse of "suitability" is taken under the cover of the words "consistently with t he maintenance of efficiency of adminis- tration" found occurring in article 335 of the Constitution. As these words have come to defeat the very principle of reservation enshrined in the Constitution which provides t h at the claims of Scheduled CasteB and Scheduled Tribes shall be taken into consideration in making appoint- ments to services and posts, these words should be omitted from article 335 of the Constitution.

2. It is also noticed that although reservations a re provided for fresh recruitments to services b ut they a re not so provided in t he case of pro- motions in services to all categories of posts. This lacuna is intended to be removed by inserting the words 'and promotions" in article 335 of the Constitution.

3. The Bill seeks to achieve the purpose mentioned above.

Nfcw DELHI;

BENOY KRISHNA DASCHOWDHuRY

The 18th Augmt, 1870.

B I LL N O. 100 OF 1970

A Bill -further to amend the Constitution of India.

   BE  it  enacted,by  Parliament  in  the  Twenty-first  Year  of  the  Republic  Short
of  India  as  follows: —                                                          title.
   1. This  Act  may  be  called  the  Constitution  (Amendment)  Act, 1970.       Amend-
                                                                                   ment  of
                                                                                   article
   2.  In  article  335 of  the  Constitution,  the  words  "consistently  with  the SOT.
maintenance  of  efficiency  of  administration"  shall  be omitted.

STATEMENT OF OBJECTS AND REASONS

The Constitution makers added the expression, proposed to be deleted through this Bill, in good faith and with the expectation that the executive authorities would be guided more by constitutional morality than by other considerations. But the experience of the last 21 years has belled this trust and hope. On the plea of maintenance of efficiency of administra- tion the special constitutional provision for adequate representation for Scheduled Castes and Scheduled Tribes has been reduced to a farce.

Moreover, this expression is not to found elsewhere in the Constitu- tion, even in provisions dealing with "services". Further, this is also against the spirit behind article 320(4) of the Constitution.

Hence this Bill.

S. M. SIDDAYYA.

NEW DELHI;

The Ylth August. 1970.

B I LL No. 104 OF 1SW6

A Bill 1o nationalise the private industrial companies.

BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:—

    1. This Act may be called  the Appropriation  of the Appropriators Act,     Short title.
1970.
    2. The private  industrial  companies  with  paid-up  capital of rupees one Taking over
                                                                                of  private
crore  and above,  as specified  in the Schedule,  are hereby  taken  over by   induitrial
the  Government                                                                 •ampanici.
   3.  Notwithstanding  Part  III  of  the Constitution  of  India,  no suit  or Bar to suits
                                                                                for  Com-
proceedings  shall  be  maintained  in  any  court  on  the  ground  of  any    pensation.
compensation  whatsoever.

THE SCHEDtflUE

(See Section 2)

PHIVATE COMPANIES WHOSE PAID UP CAPITAL IS Rupraa ONB CHORE AND ABOVE

(Concerns comprised in twenty larger industrial houses)

N a me of c o n c e rn

P a i d - up c a p i t al (R". '000)

Assets (Rs.'ooo)

s. N o.

1

2

4

A . C C.

1 A s s o c i a t ed C e m e nt C o m p a n i es L t d. . . ..

72,18,90

2 A . C . C . — V f c k e r s - B a b c o ck L t d. . . ..

6,54.00

A s b e s t os C e m e nt L t d. . . . . . ..

i.85"oo

5,93.30

3

A N D R EW Y U LE

A n d r ew Y u le & C o. L t d. . . ..

1,80,06

3,50,16

4

11,74,65

B e n g al C o al C o. L td

1,40,00

5

C l i ve R ow I n v e s t m e nt H o l d i ng C o. L t d.

6

1,38,80

M8393

I n d ia P a p er P u lp C o. L t d.

1,23,48

7

3,39,42

B A N G UR

S h r cc D i g v i j ay C e m e nt C o. L td

10,84,28

8

3,29,40

W e st C o a st P a p er M i l ls L td

7,41,16

2,40,00

9

A n d h ra P r a d e sh P a p er M i l ls L t d. . .

TO

1,32*0

7,61,85

F o rt G l o j t cr I n d u s t r i es L t d.

IT

J^5J5O

9,47,73

12 S h r e c n i v as C o t t on M i l ls L td

I,I4J8O

5^9^""

B e n g al P a p er M i l ls C o. L t d.

1,09,70

8,53,6o

13

S h r ec M a d h u s u d an M i l ls L t d.

1,00,00

5.03,06

M

B I R D - H E I L G E RS

T U a g h ur P a p er M i l ls L t d.

15

I3^9.8"

3,10,94

B u r r a t ur C o al C o. L t d.

1,18,42

6,5O,5"

E a s t e rn I n v e s t m e n ts L t d. . . . . ..

1,01,89

17

1.73,79

B o l a ni O r es L t d. . . . . ..

iR

1,00,00

3,31,19

B I R LA

H i n d u s t an A l u m i n i um C o r p o r a t i on L t d. . . ..

49,30,25

9,99,38

'9

H i n d u s t an M o t o rs L t d.

20

8,19,60

19,89,69

21 J i y a j e e r ao C o t t on M i l ls L t d. . . . . ..

5,71,18

15,65.03

I

2

4

3

BIRLA—Contf-

C m t u ry Spg. & Mfg. Co. Ltd, . . . .

26,16,87 22

4I3°J4O

Gwalior Rayon Silk Mfg. (Wvg.) Co. L t d.

32,99,04

4,00,77

23

Orient Paper Mills L td

3.70,89

24

z*> 70,33

Pllani Investment Corpn. L td

3.5ii5O

6,47.55 25

3,44,61

Slrpur Paper M i l ls L t d.

16

7,22,

Indian Rayon Corporation L t d. . . . ..

3,33,83

7J25>92

27

Kesoram Industries & Cotton Milts L t d. (formerly Kesoram

28

Cotton Mills Ltd.)

18,27,3s

3,19,93

Sir-Silk L td

.

8,26,86

3,02,01

29

Textile Machinery Corpn. L td

18,94,44

2,90,00

30

Birlt Jute Manufacturing Co. L t d. .

15,69,58

2^84,24

3i

India Steamship Co, L t d. . . . . ..

2,72,50

15.34.80

32

Renusagar Power^Co. L t d.

3,68,81

I>92>5°

33

Jaya Shree T ea & Industrie* L t d. (formerly Jay Shrcc Tea

34

1,88,38

6,73,15 Gardens L t d .)

Mysore Cements Ltd

, . .

1,79,95

4.4J--3¹ 35

Electric Construction & Equipment Co. L t d, .

T,68,57

6,23,63 36

Central India Machinery Mfg. Co. L t d. . . ..

1,50,00

9,70,22

37

Java Shree Textiles & Industries L t d. (formerly Jay' Sh,i-e

38

Textiles L t d .)

1,23,86

5,78,00

Hyderabad Allwyn^Metal Woxks L t d. ,

1,23,65

4J88,O7

39

Universal Cables L t d. ("formerly Hindustan Woollen Mills

40

Ltd.)

3,58,24

1,04,78

G O E N KA

Asian Cables Corporation L t d. . . ..

2,01.55

5,69,79 41

Duncan Brothers & Co, L t d. . .. . .

1-73.80

<5,73,69 42

Phillips Carbon Black L td

1,56,33

3,33,67 43

Woolcombers of India L t d. [formerly Issac Holdert. (India)

44

Ltd-1

i,04,99

2,14.94

[.C.I.

I n d i an E x p l o s i v es L t d.

418o,2O

9,86,95 45

A l k a li & C h e m i c al C ° r p n. of I n d ia . . ..

4>65"oo

15,22,95 46

C h e m i c a ls & F i b r es of I n d ia L t d. . . ..

2,50,00

8,73,49

47

2,00,00

A t ic I n d u s t r i es L t d.

3,97,33 48

I . C . I. ( I n d i a) P v t, L t d. . .. . ..

T, 60,00

T2,23,94

49

J. K. ( S I N G H A N T A)

7.91,8^ S t r aw P r o d u c ts L t d. . . . . . ..

•2,15,00

50

A l u m i n i um C o r p o r a t i o n ' of I n d ia L t d. . . ..

2,00.00

9,59,6*7 51

1,42,87

J u g g i l a l K a m l a p at C o t t on S p g. & W v g. M i l ls C o. L t d.

5,91,03

51

J . K. S y n t h e t i cs L t d. ( f o r m e r ly J . K. I n v e s t m e nt T r u st L t d .)

1,25,00

8.32,97 53

1,00,00

R a y m o nd W o o l l en M i l ls L t d. . ..

54

1

I

²

3

4

K I L A C H A ND ( T U L S I D A S)

S y n t h e t i cs & C h e m i c a ls L t d. . . . ..

5>74>33

55

i7>93,4⁸

56 P o l y c h em L t d.

1,20,00

4,28,30

K I L L I CK

22,23,17 A h m e d a b ad E l e c t r i c i ty C o. L t d. . . ..

57

8,74>77

2,58,68

B o m b ay S u b u r b an E l e c t r ic S u p p ly L t d.

11,18,65 58

3,68,42 K i l l i ck I n d u s t r i es L t d.

59

!.24J95

1,04,79

K o h i n o or M i l le C o. L t d.

60

5*18,67

M A F A T L AL

8,18,12

N a t i o n al O r g a n ic C h e m i c al I n d u s t r i es L t d.

61

I3>79"5i

62 P o l y o l c f i n _ I n d u s t r i es L t d .J ,

8,98,99

3*57*56

2,60,19

10,15,84 tr d i an D y c s t u ff I n d u s t r i es L t d. . . ..

63

1,26,25

M a f a t l al G a g a l b h ai & C o. P v t. L t d. . . ..

64

5=96,95

1,16,00

M a f a t l al F i ne S p g. & M f g. C o. L td

10,61,78 65

1,87360

S t a n d a rd M i l ls C o. L t d.

66

11,34,05

1,25,00

N ew S h o r r o ck S p g. & M f g. C o. L t d. . . ..

I3>33>88

67

M A R T I N f B U RN

15,14,04

68 I n d i an I r on & S t e el C o. L t d. . . ..

1.03^95^9

2,07,12

M a r t in B u rn L t d.

ii,88,5K 69

B u rn & C o. L td

1,96,00

70

71

72 73

74

75

76

77

78

79

80

81

82

I5J99<29

I

2

3

4

TATA—Corttd.

83 Indian T u be Co. L t d. [formerly Indian T u be Co. (1953) Ltd.]

7.77=97 21,67,46

84 Tata Power Co. L td

6,02,33 ^ 8 6 , 85

Voltas L td

85

4,28,40 31,04,60

86 Associated Bearing Co. L t d.

4,00,00 7,44,09

Tata Chemicals L t d.

87

3.62,35 ",93.23

88 Andhra Valley Power Supply Co. L td

3.52,11

I4.95,O9

89 Belpahar Refractories L td

3.50,00

6,75,06

90 T a ta Hydro-Electric Powei Supply Co. Ltd.

3,29,28 12,04,71

9i Ceat Tyres of India Ltd

2,76,00

8,38,11

92 New India Assurance Co. L t d.

2,27,87

33.77.85

Investment Corporation of India L td

93

2,20,22

5,92,(56

94 T a ta Sons P v t . L td

2,11,54

9,69,74

95 Merck Sharp & D o h me of India L td

1,80,00

2,98,39

96 T a t a O i l M i l J s C o. L td

1,70,05 12,49,30

97 West Bokaro L t d. . '

1,50,00

2,00,79

98 Svadeshi Mills C o. L t d .'

1,25,00

8,52.78

99 Tata Industries P v t. L td

1,12,50

1,87,46

100 Henley Cables India L t d.

1.07,33

2,13,13

101 Sasslon J. David & Co. L t d.

1,00,00

2,35,67

THAPAR

102 Shree Gopal Paper Mills Ltd.

2,08,02

11,21,28

103 Crompton Greaves L t d. [formerly Crompton Parkinson

(Works) Ltd.]

i,9i,46

9,22,97

104 Greaves Cotton Co. L t d.

1,85,00

9,97.22

1 05 Ballarpur Paper & Straw Board M U IB L t d.

1.73.2° 12,53,61

WALCHAND

1 06 Premier Automobiles Ltd.

7.47.82 30,24,93

107 Hindustan Construction Co. L t d. . . ..

2,05,00

15.70,24

108 Walchandnagar Industries Ltd. . . ..

2,01,50

^,64,00

109 Premier Construction Co. L t d. . . ..

1,84,26

3.91,12

no 1 Cooper Engineering Ltd.

r.35.57 5=96.37

in Indian Hume Pipe Co. L t d. . . . ..

1,10,00

6,14-37

Concerns Comprised In Fifty-three large Industrial Houtd

A. & F. HARVEY

112 Madura Mills Co. Ltd

3^50,05

15,67,77

AMIN

Alembic Chemical Works Co. Ltd,

2,07,67

1 + J

6.59,45

Alcnbic Glass Ihdustries Ltd

1,28,39

114

3,96,15

2

I

3

4

BAJAJ

1,78,21

Mukand &Iron Steel Works L t d. .

9,49,4° "5

1,49,00

Hindustan Sugar Mills L t d. .

n6

5,99*89

B.N. F L I AS

National Tobacco Co. of India Ltd.

7.35,20 117

i,24>95

BALMER L A W R IE

Balmer Lawrie & Co. Ltd. . . . ..

1,44.03

n8

5^,35

C H I N A!

National Rayon Corporation Ltd

4*65)59

119

16,90,33

D A L M I A, R.K.

1,05,00

Asia Udyog Pvt. Ltd

26,15

120

D A L M I A, J.

2,65,00

Orissa Cement Ltd

7,04,06 121

Dalmia Cement (Bharat) Ltd.'

9,19,91

122

a.52,57

1,50,00

Dalmia Cement Ltd. . . . . . ..

G I L L A N D E RS A R B U T H N OT

Indian Copper Corporation Ltd.

5)39^95 15.91*99 1 24

JAYAPURIA

Swadeshi Cotton Mils Co. Ltd

2,10,00

".77.5I 125

J A R D I NE H E N D E R S ON

2,50,00

Jardine Henderson Ltd

126

9vt4,76

B r f l i t h c w a i te & Co f l n d i al L t d. . . .. .

QiOQ.IQ

2,00,00

KANORIA, R.K.

Kanoria Chemicals & Industries Ltd

2,78,09

128

I,I9J7I

KASTURBHAI LALBHAI

3,92,81 18,09,79 Atul Products Ltd

129

2,00,00

2,81,72

CibatulLtd.. .

130

Arvind Mills Ltd

131

1,41,00

7,26.83

KHATAU

10,17,40

132   Cable  Corporation of India Ltd                                  i,8o3oo
133   Khatau Makanji Spinning and Weaving Co, Ltd.                     i^9,<54        7,70,99

1^0,00

Scimcnd Engineering Mfg. Co. of India Ltd.

16,52,51

134

KIRLOSKAR

2,30,00

Bharat Forge Co. Ltd

135

5,97,53

1,49,26

Kirloskar Cummins Ltd

3.53.96 136

1^0,75

Kirloskar Electric Co. Ltd

5,84,63 137

Kirloskar Oil Engines Ltd

10,72,43

138

I^4J99

Mysore Kirloskar Ltd

1,19,81

5.50,14

139

1

I

2

3

4

M A C N E I LL & B A R R Y — B I N NY ( I N C B C A P E)

140 B u c k i n g h am & C a r n a t lc C o. L t d. . . . ..

3,78,26 11,31.17

141 Macncill & Barry Ltd

2,50,00

5.75,61

142 Bangalore Woollen, Cotton & Silk Mills Co. Ltd.

2,49,00

5,24,94

Binny Co. Ltd.

* .

1,40,00

143

3,45,76

MAHINDRA & MAHINDRA

M a h i n d ra U g i ne S t e el C o. L t d. . . . ..

144

7,55.72

3.33.14

M a h i n d ra & M a h i n d ra L t d. . . . . ..

3.I9.OO 18,52,45 145

I n t e r n a t i o n al T r a c t or C o. of I n d ia L t d. . . ..

146

2,46,69

1,49,84

M O DI

IT, 34,02

Modi Spg. & Wvg. Mills Co. Ltd

lif/

Modi Industries Ltd. (formerly Modi Sugar Mills Ltd.)

1,32,10

5=98,92

I48

MURUGAPPA CHETTIAR TUBE INVESTMENT

T u be I n v e s t m e nt of I n d ia L td

2,5O,O0

11,38,58 149

T r a v a n c o re R a y o ns L t d. . . . . ..

5,08,71 150

1,74.41

NAIDU, G. V.

S o u th I n d ia V i s c o se L t d. . . . . ..

4,90,00

8,11,95 151

L a k s h mi M a c h i ne W o r ks L t d.

2,32,05

4,15,80 152

L a k s h mi M i l ls C o. L td

1,06,50

5,36,93 153

N A I D U, V. R.

M a d r as A l u m i n i um C o. L t d. . . . ..

19,00.97

5,97/9

154

N O W R O S J EE W A D IA

Bombay Dyeing & Mfg. Co. Ltd

3,01,18

16,96,85 155

PARRY

H e r d i l l ia C h e m i c a ls L t d. . . . . ..

7,22,98 156

4,39.92

PARRY—SECOND TIER

C o r o m a n d cl F e r t i l i s e r !! L t d. . . . . ..

30,71.08

8,49.3

157

PODAR

Podar Mills Ltd.

5,72,65

1,35,96

158

RALLIS

12,92,55 Rallis India Ltd.

3,00,00

159

RUIA

1,68,45 Bombay Oxygen Corpn., Ltd.

1,49.18

I6O

RUIA—SECOND TIER

1,25,00

I 6l  Colour-Chem  Ltd.                                                            5,54,04
                           SESHASAYEE
162   Scshasayee  Paper  & Boards  Ltd                                             7,53,88

3*49,79

Mettur Chemical & Industrial Corpn. Ltd.

3.99.43

6,53,67 163

1

2

3

4

SESHASAYEE—Contd.

8,78,87 164

2,3*"i6

Aluminium Industries L td

1,00,00

South Madras Electric Supply Corpn. L t d. ' .

165

3.51.79

SHAW W A L L A CE

166 T in Plate Co. of India L td

1,25,00

5,56)50

S H R I Y A NS PRASAD J A IN

8,05,28

Dharngadhra Chemical Works L t d. . . ..

1,67,50

167

S I M PS OK

168

. 2,00,00

4>45>R8 Tractors & Farms Equipment L t d. . . ..

S W E D I SH M A T CH

4,12,50

Western India Match Co. L t d. . . ..

11,30,10

169

T. V. S U N D A R AM I Y E N G AR

2,20,00

1 70 Lucas T VS L t d.

4.74.25

171

1.65,30

Brakes India L t d.

3.69.49

1,28,80

Wheels India L t d.

5.15.32

172

T A L U K D AR L AW

2,12,00

Hindustan Pilkington Glass Works L td

3.39.2O

173

V. R A M A K R I S H NA

1,80,62

K.C.P. L td

10,76,95

174

Lttksh-.iii-Vishnu Cotton MiljsLtd.(formerly ViahnuCotton

175

1,21,27

Mills L t d. and Lakshmi Cotton Mfg. Co. Ltd.)

5.35.56

W A L L A CE

176

9,6o,36 Bombay Eurmah Trading Corporation L t d.

2,68,33

Formica India L t d.

1,11,00

177

2,07,23

L a r ge I n d e p e n d e nt C o m p a n l ei

28,00,00

O il I n d ia L t d.

90,79)08

178

15,16,00

I m p e r i al T o b a c co C o. of I n d ia L t d. . . ..

34,20,60

179
180     B u r m ah  Shell  Refineries  L t d.                                              14.53,83           34.25)38
181     H i n d u s t an  L e v er  L t d.                                                 n.55.63

33,10.85

182 D u n l op R u b b er C o. ( I n d i a) L t d. . . ..

10,70,00

22,22,72

A s h ok L c y l a nd L t d.

6,72,91

18,52,65

183

I n d i an A l u m i n i um C o. L t d. . . . . ..

1 6,40,58

29,41,08

184

[6,32,19

G u e s t, K e en & W i l l i a ms L td

185

33,71.83

Baroda R a y on C o r p o r a t i on L t d. . . ..

186

1 8,89,68

4,75.8l

I n d i an O x y g en L t d.

i6<48.\Q

4,62)00

187

17,92,71

4,50,00

CaUex O il Refining I n d ia L td

188

U n i on C a r b i de I n d ia L t d.

28,07,43

189

4,09.5°

I n d ia C e m e n ts L t d.

14.00,77

190

3,83,35

P h i l l i ps I n d ia L td

18,28,99

3,64,00

191

11,26,41

M o t or I n d u s t r i es C o. L td

3,60,00

19a

1:6,40,57

M e t al Box C o. of I n d ia L t d.

3,52.00

193

2

I

3

4

Large Independent Companies—Contd.

194 Ciba of India Ltd.

3,25,00

9,91,60

Utkal Machinery Ltd

3,10,00

6,04,20 *95

196 Esso Standard Running Co. of India Ltd.

3,00,00

27,34,52

197 Glaxo Laboratories (India) Pvt. L t d. . . ..

12,65,15

3,00,00

198 Larsen & Toubro Ltd.

2,79,00

16,29,26

199 Hindustan Brown Boveri Ltd.

2,78,62

8,2^,2^

2

2 00

Goodyear India L td

353386

10,48,31

2 01 National Machinery Manufacturers Ltd,

2,52,40

" , 4 7 ^3

2 02 Bata Shoe Company Pvt. L t d. . . . ..

2,50,00

13,76,32

2 03 India United Mills L td

2,50,00

9,88,18

2 04

Indian Cable Co. Ltd

2,48,65

11,25,67

16,67,34

2,47,52

Pfizer Ltd.

2 05 J

Escorts Ltd

206

2,44,77

14,55,07

2 07 Ashofc Paper Mills Ltd

2,39,19

6,97^3

Vazir Sultan Tobacco Co. Ltd

2,29,54

6,76,90

2 08

19,64,41 Jessop & Co. Ltd

209

2,23,99

2,19,99

Sitar Paper Mills Ltd

5.41,58 2 10

N i r l on S y n t h e t ic F i b r es & C h e m i c a ls L t d,

2,10,00

7,35,76 2 11

M a n d ya N a t i o n al P a p er M i l ls L t d. . . ..

2,02,73

2 12

5,14,97

1,84,31

M a d r as R u b b er F a c t o ry L t d. . . . ..

213

7,3i,°n

22,43,88

G r e at E a s t e rn S h i p p i ng C o. L t d.

1,79,70

214

1,67,50

B r o o ke B o nd I n d ia P v t. L td

17,85,48

2 15

6,98,41

1,65,00

S e n - R a l e i gh L td

2 16

1,50,00

I n do B u r m ah P e t r o l e um C o. L t d . . . . ..

5,29,55

217

8,28,41

S a n d oz ( I n d i a) L t d. . . . . . ..

2 18

1,49,7*

1,38,00

Gammon India Ltd

7,23,<59

219

National Insulated Cable Co. of India Ltd. .

1,35,00

7,04,24

2 20

99,6o

Shree Ram Mills Ltd,

2 21

6,55,25

1,25,00

General Electric Co. of India Pvt. Ltd.

14,36,15

2 22

6,69,91

1,15,00

Binod Mills Company Ltd. . . . . ..

2 23

1,05,00

Parke Davis (India) Ltd.

7,59,95

2 24

Associated Electrical Industries (India) Pvt. Ltd.

1,04,00

2 25

8,78,17

i>03,59

10,49,04

2 26 Sayaji Mills L t d.

21,46,28

1,00,07

South India Shipping Corporation Ltd.

2 27

STATEMENT OF OBJECTS AND REASONS

The appropriators must be appropriated, said Karl Marx. For the establishment of socialism in a scientific way, this is a must. The indus- trial companies with paid-up capital of Rs. 1 crore and above have appro- priated the surplus value of the workers under them up-till now. There are 227 such private companies working at present in India.

The time has come when it becomes the bounden duty of the Govern- ment of India, dedicated to socialism, to nationalise them.

Hence this Bill. NEW DELHT:

The 21st August, 1970.

SHIVA CHANDRA JHA.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for taking over the private companies with paid-up capital of rupees one crore and above by the Government. For this a machinery needs to be set up. It is estimated that for this purpose a recurring expenditure would be rupees five crores per year from the Consolidated Fund of India.

And for non-recurring expenditure it is further estimated that it would come to rupees two crores from the Consolidated Fund of India.

Bnx No. 98 OF 1970

A Bill farther to amend the Constitution of India

BE it enacted by Parliament In the Twenty-first Year of tht Republic of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1970. Snort tltle-

2. In article 338 of the Constitution, in clause (2), after the words "all Amendment such reports", the words "together with memoranda explaining the action J ^ B ^ ^ '⁶ taken thereon" shall be inserted,

STATEMENT OF OBJECTS AND REASONS

Several recommendations made by the Special Officer for Scheduled Castes and Scheduled Tribes remain unimplemented by the State Gov- ernments and the Central Government. If some of them cannot be imple- mented, the reasons for non-implementation should be made known to Parliament.

Moreover, there was a convention that the statement of action taken on the recommendations made in his previous Report should be laid on the Table of each House before the discussion on any Report was taken up. For some years, that convention has also been given a go by. No useful purpose will be served by discussing the Report without knowing the action taken thereon. Therefore, it is very necessary and desirable that the memoranda explaining the iction taken on all the recommenda- tions made in the Reports should be laid before each House of Parliament along with the Reports.

Hence this Bill.

NEW DELHI;

The 22nd August, 1970.

S. M. SIDDAYYA.

"K. i] Tttt QAXietrtt 0* XHMA KXtRAOftGlNAftY 913

BILL tfo. 103 OP 1&70

A BIW further to amend the Constitution of India

BE it enacted by ParHament to the Tweaty-flrtt Year of the Republic of India as follows:—

1. This Act may be called the Constitution (Amendment) Act, 1970. Short title.

2. After article 330 of the Constitution, the following article shall be inserted, namely:—

Insertion of new article 330A.

"330A. (2) Seats shall be reserved in the Council of States for—

(a) the Scheduled Castes;

(b) the Scheduled Tribes except the Scheduled Tribes

in the tribal areas of Assam; and

10 (c) the Scheduled Tribes in the autonomous districts

of Attain.

Reserva- tion of seats for Scheduled Castes and Sche- duled Tribes in the Coun- cil of States.

(2) The number of seats reserved in any State or Union terU- tory for the Scheduled Castes or the Scheduled Tribes under clause (J) shall bear, as nearly as may be, the same proportion to the total number of seats allotted to that State or Union territory in the Coun- cil of States as the population of the Scheduled Castes in the State or Union territory or of the Scheduled Tribes in the State or Union territory or part of the State or Union territory, as the case may be, in respect of which seats are so reserved, bears to the total popu- lation of the State or Union territory.".

3. In article 332 of the Constitution—

(1) in clause (1), after the word "State", the words "and the

Union territory, wherever it exists." shall be inserted;

Amend-

ment of

article

332.

(ii) in Clause (3), after the word "State", wherever it occurs

the words "or Union territory" shall be inserted.

4. After article 332 of the Constitution, the following article shall be inserted, namely: —

Insertion

of new

article

332A.

"332A. (i) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Council of every State, wherever it exists.

(2) The number of seats reserved for the Scheduled Castes or the Scheduled Tribes in the Legislative Council of any State under clause (1) shall bear, as nearly as may be, the same proportion t* the total number of seats in the Council as the population of the Scheduled Castes or of the Scheduled Tribes in the State, in respMt of which seats are so reserved, bears to th" total population of the State.".

reserva-

tion of

seats for

Scheduled

Castes

and Sche-

duled

Tribes in

the Legis-

lative

Councils

of the

States.

5. In article 334 of the Constitution,—

(i) in Part (a), after the word "States" the woiis "or Unl

Amend-

ment of

article

334.

territories" shall be inserted;

(It) in the proviso, after; the word "State" the words "or Union

territory" shall be inserted.

STATEMENT OF OBJECTS AND REASONS

Articles 330 and 332 of the Constitution provide for reservation of seats for the Scheduled Castes and the Scheduled Tribes in Lok Sabha and the Legislative Assemblies of the States in proportion to their popu- lation- There is no such provision ±or reservation in Hajya Sabha and the Legislative Councils of various States. But it was hoped that they would be able to secure adequate representation in the Upper Houses gradually. That hope has not been realised even after twenty years and they still remain politically the weakest section. Besides, it Is an ano- maly to have reservation in one wing of the Legislature and not to have it in the other.

Secondly, the reservation provided for the Scheduled Castes and the Scheduled Tribes under article 332 is limited to the Legislative Assem- bly of every State and it does not extend to the Legislative Assemblies of the Union territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry. This is another anomaly. This Bill Seeks to remove these anomalies by providing for reservation in Rajya Sabha and the various Legislative Councils and also in the Legislative Assemblies of the Union territories.

S. M. SIDDAYYA.

NEW DELHI;

The 31st August, 1970.

BILL NO. 102 OF 19?0

A Bill to provide for pension and other amenities for the ex-Members of

Parliament

BE it enacted by Parliament in the Twenty-first Year of the Republic

of India as follows: —

1. This Act may be called the Pension and other Amenities for the Short title.

Ex Members of Parliament Act, 1970.

2. A member shall, on ceasing to be a member of either House of Par-

liament,—

(a) be entitled to receive a pension at the rate of two hundred

and fifty rupees per mensem;

Pension, free tran- sit by Hallway and medi- cal faci- lities after ceasing to be* member.

(b) be provided either with one free non-transferable first class pass or with three free non-transferable third class passes, one for the ex-member, one for the spouse and one for the attendant which shall entitle h*™ or them, as the case may be, to travel at any time by any railway in India upto the maximum limit of ten thousand kilometres per year; and

(c) be provided with the medical facilities in the State dispen-

saries on the lines of the CG.H.S.

STATEMENT OF OBJECTS AND REASONS

After serving the Nation in their capacity as Members of Parliament, some of the Members, on ceasing to be Members of Parliament, are left wholly dependent financially on others which is not in keeping with the dignity of the Members of Parliament. The purpose of this Bill is to remove the impediments In the way of ex-Members who would natu- rally continue to serve the society even after ceasing to be Members. Fur- thermore, this provision regarding pension and other amenities will be an Incentive to attract good talent from all walks of life to Parliament This system of granting pension and other amenities is prevalent in nearly all other parts of the world.

In the U.K., pensions are paid to Members and their dependants from a fund established by an Act, to which the Members contribute annually.

In the USA, Members can participate, on a contributory basis, in the general federal retirement and pension system with annuities normally starting after five years of service and attaining the age of 62. In case of death of the Member, the annuity is payable to the surviving spouse or children.

In Australia, pensions are paid to Members of Parliament from the Parliamentary Retiring Allowances Fund which consists of contributions by Members, moneys paid by Government and Income derived from In- vestments. In Belgium, each HOUM has a pensions fund to which Mem- bers contribute annually and from which Members are paid pensions after they reach the age of 69.

Similarly, pensions are paid to Members on their retirement in Canada, Denmark, France, Netherlands, New Zealand, Norway and South Africa, mostly from funds to which Members also contribute. In some of the aforesaid countries pensions are paid to the widows and minor chil- dren of a deceased Member.

Hence the BI1L

YAMUNA PRASAD MANDA&.

NiW DILHI;

The 2nd September, 1970.

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to provide for payment of pension and cer- tain other amenities to members on their ceasing to be Members of Par- liament. The amount of recurring expenditure on this account is likely to be in the neighbourhood of rupees fifteen lakhs annually. The Bill will not involve any non-recurring expenditure.

BILL NO, 107 OF 1970

A Bill to provide for restoration of religious places under illegal occu- pation to their legal claimants

BE it enacted by Parliament in the Twenty-first Year of the Repub-

lic of India as follows: —

1. (I) This Act may be called the Restoration of Religious places

Act, 1970.

(2) It shall come into force at once.

Short title, extent and com- mence- ment.

(8) It extends to the whole of India.

Restora- tion of religious placed 2. All religious places located anywhere in India, belonging to one religion and brought under illegal or forcible occupation by the persons belonging to another religion or by invaders at any period, shall be res- tored to their legal cl*ii"M"ts.

Lists of religious places.

3. The Central Government or the State Government concerned, sa the case may be, shall prepare lists of all such religious places, in con- sultation with all the concerned parties, and after having considered their claims and counter-claims, in an appropriate manner, shall send them to the concerned authorities for necessary action,

Mainte- nance of communal harmony.

4. The Central and State Governments shall take necessary action to ensure communal harmony, maintain law and order and to ensure security of life and property of the citizens, while restoring such reli- gious places.

5. Wherever possession of religious places is restored to their legal claimants, suitable and nearest alternative land, after acquiring the same, shall be provided to those who surrender such possession, for construction of their own religious places.

Alterna- tive allot- ment of land to persons surrender- ing pos- session.

Grants for reno- vation.

6. The Central Government or the concerned State Government, as the case may be, shall give cash grants for the renovation of such res- tored religious places and shall ensure proper utilization of such grants.

Framing of Rules.

7. The Central Government or the concerned State Government, as the case may be, shall frame necessary rules and regulations for the disposal of all matters connected with restoration of such religious places.

Provision of Manag- ing Coun- cils.

8. The Central and State Governments shall constitute Councils at Central, State and District levels, in consultation with all concerned V-i*ties, which shall manage all restored places for one year and shall hand over the management to the elected representatives of legal claimants thereafter.

Disposal of dis- putes.

9. No dispute in matters arising out of restoration of religious places shall be disposed of by a judicial officer of a rank not lower than that of a Sessions Judge.

High level Com- mittee.

10. (I) A case involving the restoration of religious places located in India shall not be inquired into outside India and it shall have no connection with the restoration of any religious place located outside India.

(2) The final decision in any such matter shall lie with a high level Committee comprising the President, the Vice-President, the Speaker of Lok Sabha, the Chief Justice of the Supreme Court, the Prime Minister, the leader of the Opposition in Lok Sabha and a Governor to be nomi- nated by the President,

STATEMENT OF OBJECTS AND REASONS

A large number of religious places in India are under the possession of persons belonging to other religions/communities and many such places were handed over to their heirs by invaders after grabbing them! As a result of this, communal riots broke out in the country off and on, which are a blot on the secularism, of the country and due to Which many innocent people have to suffer loss of life and property.

In view of this, it is necessary that all such religious places, as are Under illegal possession of people belonging to other religions, are res- tored to their legal claimants so as to strengthen communal harmony and national unity. Thereby, communal riots would also decrease and a sense of brotherhood would develop among various communities instead of enmity.

Hence this Bill.

JAGANNATH RAO JOSHL NEW DELHI;

The 6th October, 1970.

FINANCIAL MEMORANDUM

Clauses 5, 6 and 8 of the Bill provide for acquiring of certain lands, making of grants for the renovation at restored religious places and lor the constitution of Managing Councils. It is rather difficult to estimate the expenditure Involved. But the expenditure Is not likely to be subs- tantial.

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill empowers the Central and State Governments to frame "ucb rules and regulations as are necessary for the restoration of religious places. As it Is a matter of detail, it is therefore not possible to include them in the Bill. However, the delegated legislation shall be of general nature.

BUI No. 108 of i0fo

A Bill further to amend the Constitution of India.

fez it enacted by Parliament in the Twenty-first Year of the Republic

of India as follows: —

Short titltt.

1. This Act may be called the Constitution (Amendment) Act, 1970.

2. For article 155 of the Constitution, the following article shall be

substituted, namely:—

Substitu-

tion of

new

article for

articl*

131.

"155. The Governor of a State shall be appointed by the Presi- dent, on the advice of the Chief Justice of India, by warrant und"r his hand and seal."

Appoint-

ment ot

Gover-

nor.

3. In article 156 of the Constitution, after clause (1), the fallowing clause shall be inserted, namely: —

Amand- ment of article 156.

"(1A) The Governor may be removed from his office by order of the President on the ground of misbehaviour after the Chief Jus- tice of India, on reference being made to him by the President, has on enquiry reported to the President that the Governor ought to be removed on any such ground.

Explanation.—Where at least one hundred members of either House of Parliament have jointly or severally written to the Presi- dent that the Governor of a State has on any particular occasion acted in a partisan manner to further the cause of any political party or has deliberately not acted in accordance with well recognised con- stitutional conventions, it shall be a charge of misbehaviour and it shall be incumbent on the President to refer such charge to the Chief Justice of India."

4. After article 162 of the Constitution, the following article shall be inserted, namely:—

Insertion of new article 162A.

Impeach- ment of the Gover- nor.

"162A. (1) The Governor of a State may be impeached for viola- tion of the Constitution, and the charge shall be preferred by either the Legislative Assembly of that State or by either House of Parlia- ment.

(2) No such charge shall be preferred unless—

(a) the proposal to prefer such charge is contained in a re- solution which has been moved after at least fourteen days' notice in writing, signed by not less than one-fourth of the total number of members of the Assembly or of either House of Parliament which prefers the charge, has been given of their. Intention to move the resolution; and

(b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the Assembly or by a majority of the members of either House of Parliament present and voting, as the case may be.

(3) Where a charge has been so preferred, the Assembly or the House which prefers the charge shall cause the charge to be investi- gated and the Governor shall have the right to appear and to be re- presented at such investigation.

(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the Assembly or by a majority of the members of the House of Parlia- ment by which the charge was caused to be investigated, declaring that the charge preferred against the Governor has been sustained, such resolution shall have the effect of removing the Governor from his office as from the date on which the resolution is so passed."

5. In article 164 of the Constitution, in clause (1), after the existing proviso, the following further proviso shall be added, namely:

Amend- ment of article 164.

"Provided further that the Governor shall under no circum- stances dismiss the Chief Minister without giving him an opportu-

nity of proving his majority in the Assembly at an early date which shall in no case be beyond fourteen days from the date on which a doubt about the Chief Minister commanding majority in the As- sembly has arisen."

(i) in clause (I), for the words "six months", the words "three

months" shall be substituted.

Amend- ment ef article 174.

(ii) after clause (2), the following clauses shall be inserted,

namely: —

" (3) The Governor shall not be bound to follow the advice of the Chief Minister in regard to the summoning or dissolution of the Legislative Assembly of the State, if he is satisfied that the Chief Minister does not command the support of the majo- rity of the members of the Assembly.

(4) If the Governor is satisfied that the Chief Minister does not command the support of the majority of the members of the Legislative Assembly and the Legislative Assembly is not in session, he shall forthwith and in no case beyond fourteen days, summon the Legislative Assembly to meet at such time and place as he may determine; and he shall give the Chief Minister a reasonable opportunity of proving that he commands the support of the majority of the members of the Legislative Assembly."

7. In article 356 of the Constitution, after clause (2), the following clause shall be inserted, namely: —

Amend- ment of article 356.

" (1A) The Governor shall, before he sends a report to the Pre- sident that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, explore all possibilities of constituting a lawful Gov- ernment, and, in particular, he shall ask the leaders of recognised political parties, whether any of them singly or in conjunction with others, are in a position to form a Government that would enjoy the support of the majority of the members of the Legislative As- sembly; and only after he is bona fide satisfied that a stable Govern- ment cannot be so formed, he shall advise the President accord- ingly and in verifying whether a party or group of parties has a majority in the Assembly, the Governor shall take into account the written statement or statements of the members of the Legislative Assembly supported by affidavits,"

STATEMENT OF OBJECTS AND REASONS

The recent happenings in Uttar Pradesh and the action of the Gover- nor in recommending President s rule even when the doubt about the Chief Minister commanding- a majority in the Assembly could be tested in the Assembly which was scheduled to meet in less than a week have shown that in the absence of specific provisions in the Constitution, the Uoveraurs are apt to act in a capricious manner. In certain other States uiso in the past, the Governors have not acted in as impartial and fair a manner as was expected of them. As a consequence democracy in the country has been weakened and Governors have failed to uphold the Constitution.

H has, therefore, become imperative that specific provisions are incor- porated into the Constitution, whereby the discretion of Governors in the jnatter oil dismissal of Chief Ministers or recommending President's rule is put on .as sound a footing as possible.

It has also been seen on occasions that where a Chief Minister has lost his majority, he may recommend to the Governor to dissolve the Legisla- tive Assembly, rather than face the Assembly, thereby precluding an opportunity being given to opposition parties which may singly or in coalition be in a position to form a stable Government in the State. In AUch cases, it is desirable to provide that whero a Chief Minister has lost his majority, the Governor shall not be bound to accept or act on his advice to dissolve the Legislative Assembly.

it is also imperative to provide that if the Governor has formed the opinion that the Chief Minister has lost his majority and the Assembly is not in session, he shall be bound to summon the Legislative Assembly at the earliest possible moment and shall give an opportunity to the Chief Minister to prove his majority in the Assembly; and the Governor shall not, acting capriciously or in partisan manner, dismiss the Chief Minister, even though the laatter may have asked for the summoning of the Assembly immediately and may be prepared to prove his majority therein.

Governors at present are appointed by the President, which, in effect, means appointment by the Home Minister. The power to appoint also carries with it the power to dismiss. It has been observed that during the last 2-3 years, the ruling Party at the Centre has been exercising undue influence upon the Governors to act according to the wishes of the Centre, to the detriment of the Opposition Parties, even though this may involve failure to uphold the Constitution and interpretation of the Con- stitution which may be patently wrong. It is, therefore, necessary to pro- vide that Governors shall be appointed and dismissed not by the Presi- dent acting on the advice of the Cabinet but by the President on the advice of the Chief Justice of India, who is not at all involved in party politics.

The Constitution incorporates provision for impeachment 01 the Presi- dent but no such provision is to be found for impeachment of the Govern- nors. It was probably thought by the Founding Fathers that since the Governor could be dismissed by the President, such a provision would not be necessary. But events have proved that Governors tend to act

at the behest of the Centre in a partisam manner and in violation of the Constitution at times. It is necessary that the power to impeach should be conferred on the respective Legislative Assembly and the Houses of Parliament in the case of Governors. This would provide a healthy check on the Governor acting in a reckless manner and failing to uphold the Constitution.

Besides, article 174 of the Constitution provides that six months shall not intervene between two sittings of the Legislative Assembly. This may enable the Chief Minister to avoid facing the Assembly for a con- siderable time, even though he may have lost the majority in the Assembly. The period is sought to be reduced from six months to three months.

It has been observed in the past that even where a party or group of parties have represented to the Governor that they enjoy the support of the majority of the members of the Legislative Assembly, the Governor has not given them an opportunity of forming a Government and instead has recommended to the President that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution. The proposed amendment provides that it shall be obligatory for the Governor to explore all possibilities of con- stituting a lawful Government and where a number of M.L.As. submit affidavits to the Governor stating that they support a particular person or party or group of parties, in that event the Governor shall be bound to consider those affidavits; and if a total of such members sup- porting a particular person or party or group of parties add up to a majo- rity of the total members of the Assembly, then he shall call upon the leader of such party or group of parties to form a Government.

These amendments are of vital importance for safeguarding democracy in this country.

NEW DELHI;

S. S. KOTHARI.

The 6th October, 1970.

BILL NO. 106 or 1970

A BUI further to amend the Code of Criminal Procedure, 1896

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 Code of Criminal Procedure (Am-

endment) Act, 1970.

Short title and cainmernp- ment.

(2) It shall com£ into force at once.

2. In the Code of Criminal Procedure, 1898, for Chapter XI and section

144, the following shall be substituted, namely:—

Substitu- tion of Chapter XL

"CHAPTER XI

TEMPORARY PREVENTIVE ORDERS IN URGENT CASES INVOLVING SERIOUS DISTURBANCE OF PUBLIC ORDER OR OUTBREAK OF GENERAL DISORDER AFFECTING THE COM- MUNITY.

144. (2) In cases where, in the opinion of a District Magistrate, a Chief Presidency Magistrate, a Sub-divisional Magistrate or of any other Magistrate (not being a Magistrate of the third class) specially empowered by the State Government or the Chief Presidency Magis- trate or the District Magistrate to act under this section, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable,

such Magistrate may, by a written order stating the material facts of the case and served in manner provided by section 134, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management, if such Magistrate considers that such direction will prevent serious distur- bance of public order or outbreak of a communal riot or general dis- order affecting the community.

(2) An order under this section may, in cases of emergency and in cases where the circumstances do not admit of the serving in due time of a notice upon the person or the persons against -whom the order is directed, be passed ex parts:

Power to Issue a preventive order ad interim at once and absolute order later in urgent cases in- volving a serious dla. turbance of public order or an out- break of general disordn affecting tne com- mtnitty.

Provided that this order shall be interim in nature in the first instance and shall not be made absolute unless within forty-eight hours, the Magistrate, after hearing the parties affected by the order, desiring to be heard, if any, makes the order absolute stating the reasons therefor.

(3) Order or orders under this sectibn may be directed to a par- ticular individual, or group of individuals or to the public generally when frequenting or visiting a particular place after stating the rea- sons for making this order applicable to a particular category.

(4) Any Magistrate may either on "his own motion or after hear- ing the parties affected in the case of interim orders within forty-eight hours of on the application of any person-aggrieved, in the case of an absolute order after regular hearings, rescind or alter any such in- terim or absolute order marie under this "-eeetkttv by himself; or by his predecessor in office.

(5) Where such an application is received, in respect of an order

absolute issued by the Magistrate, the Magistrate shall afford to the applicant an early opportn-nity^of-appearing before him either

in person or by pleader and showing cause against the order; and, if the Magistrate rejects the application wholly or in part, he shall record his reasons in writing for doing so.

(6) No order absolute under this section shall remain in force for more than a week but this period may be extended from time to time upto a maximum period of one month from the making thereof."

STATEMENT OF OBJECTS AND REASONS

The present Criminal Procedure Code confers on the Magistrates ex- traordinary and arbitrary powers to impoBe sweeping restrictions on the right to assemble peaoeably conferred by article 19(1) (b) of the Consti- tution. The present powers are so wide that they also include "preven- tion or obstruction, annoyance or injury to any person lawfully employed or danger to human life, health or safety or a disturbance of the public tranquillity or an affray" as grounds for imposing these restrictions.

Further, the Magistrates can pass ex-parte orders of a duration upto two months. Previous restraint on exercise of Fundamental Rights when imposed ex-parte without proper hearings which alone can establish whether circumstances exist to warrant such restrictions militates against the right of free expression and demonstration which is fundamental for a democratic society.

This Bill seeks to restrict the scope of previous restraint only to mat- ters which have a bearing on public order. It also seeks to restrict the duration of ex^parte orders to 48 hours beyond which the order cannot be extended without holding proper hearings. While enabling the Mag- istrates to meet all emergency situations involving serious breaches of public order, this Bill will at the same time provide the necessary safe- guards for the members of the public and will prevent infringement or restriction of civil liberties merely on the ground of administrative con- venience or expediency. The Bill, in brief, seeks to reconcile the claims of public order with Fundamental Rights which are at the core of the democratic process.

MADHU LIMAYE.

NEW DELHI;

The nth Octpber, 1970.

BILL NO. 109 OP 1970

A Bill further to amend the Constitution of India

BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1970.

Short

title.

2. In article 124 of the Constitution, after the first proviso to clause (2), the following further provisos shall be inserted, namely: —

"Provided further that the senior most Judge of the Supreme

Amend,

mentof

article

124.

Court shall be appointed as the Chief Justice:

Provided further that no one shall be appointed the Chief Justice who has not served for at least two years as a Judge of the Supreme Court:"

STATEMENT OF OBJECTS AND REASONS

The Constitution of India does not lay down any procedure for the appointment of the Chief Justice of the Supreme Court, though the Constitution is clear regarding the procedure of the appointment of other Judges of the Supreme Court. Any citizen of India who has been a Judge of a High Court or of two or more such courts for five years or has been an advocate of a High Court or of two or more such Courts for at least ten years and is considered by the President as a distinguished jurist is eligible for such appointment. The appointment of the Chief Justice of the Supreme Court is within the discretionary power of the President who acts on the advice of the Council of Ministers. It is, there- fore, high time that the procedure for the appointment of the Chief Jus- tice of the Supreme Court is laid down.

Hence thia Bill.

NEW DELHI;

The 7th October, 1970

BILL N O. 105 OF 1970

A Bill to provide a guaranty for employment to every citizen of the age

of eighteen years or more and in particular to the citizens belonging

to the Scheduled Castes or Scheduled Tribes, who have been register-

ed at the Employment Exchanges.

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 Employment Guaranty Act, 1970.

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

Short title and com- mence- ment

2. In this Act,—

Defini- tions.

(a) "citizen registered at the Employment Exchange" means 3 person who has duly entered his name at a Government Employment Exchange office established in the country.

(b) "employment" means a post or a job or a service in the Public Services of the Central or State Government or the Public Undertakings, factories or such other workshops or industrial or commercial activities in which Government have invested capital or given aid in money or otherwise.

(c) "guaranty" for the employment means a security by the appro- priate Governments for providing an adequate means of live- lihood as has been envisaged in article 39 (a) of the Constitu- tion or an effective provision for securing the right to public assistance in case of unemployment as laid down in article 41 r^sd with the Preamble of the Constitution, or in the alter- native or in lieu of, an unemployment allowance in terms of money-value.

(d) "recent Census" means the Census of 1961 or that of 1971, If it be completed at the commencement of this Act or rules framed In accordance with the Act.

(e) "Register" means a register regularly and lawfully kept at the Employment Exchanges for recording or enlisting the name.

(f) "unemployment allowance" means the quantum of subsistence

allowance to be given to the citizen, who is on the live register during his or her unemployment period, by the appropriate Government in accordance with the rules framed In this behalf by those Governments and approved by Parliament.

Guaranty tor employ- ment.

3. The State shall provide an employment or an adequate means of livelihood⁸ and shall give guaranty for this purpose to every citizen, man or woman, of the age of eighteen years or ahove who has registered his or her name at the office of an Employment Exchange.

4. In case of unemployment or non-provision of adequate means of livelihood to such candidate as is registered under Section 3 of this Act, the appropriate Government shall pay to him or her a reasonable and an adequate amount of allowance to be fixed and paid by it in accordance with the rules framed by the Central Government and approved by Par- liament.

Unemploy- ment al- lowance to be given to the un- employed person.

5. The State shall, in particular, secure reservations of posts or jobs or services in the Public Services of the Central and State Governments for i-hfi Scheduled Castes and the Scheduled Tribes in proportion to their res- pective percentage of population figures laid down in the recent Census of India.

Reserva- tions of services for the Scheduled Caate3 and Scheduled Tribes.

6. For securing effectively and adequately employment for every un- employed person whose name is on the live Register, the Central Govern- nent shall establish Employment Exchanges in every part of the country ;ommensurate with or co-extensive to and on the analogy of the offices of Posts and Telegraphs of the Union Government.

Establish- ment of more Em- ployment Ex- changes-

7. The Central Government shall evolve an effective machinery for the >eriodical and surprise inspection of registers kept at the Employment Exchanges for Scheduled Castes and Scheduled Tribes candidates.

8. (1) The Central Government may, by notification in the Official

Gazette, make rules to carry out the purposes of this Act.

Machinery ?or inspec- tion of registers. Power to make rules.

<2) In particular, such rules may provide for determining the quantum

if the unemployment allowance and its manner of payment.

(3) Every rule made by the Central Government under this Act shal

be laid, as soon as may be, after it is made, before each House of Parlia ment.

Claim for payment of unemploy- ment al- lowance.

9. Any person aggrieved by non-provision of employment or non-pay-

ment of unemployment allowance, shall get his legitimate claim redressed

In the Employment Court or Tribunals established for that purpose or in

any Civil Court at the cost of the Government or at a cost of maximum

court fee stamp of twenty-five paise.

STATEMENT OF OBJECTS AND REASONS

Of all the problems in the world, today, the most vexing problem is the problem of unemployment. In our own country, unemployment situation is growing worse, day by day. All our planning and the expenditure of nearly fifteen thousand crores of rupees over the three Five Year Plans have become completely futile and ineffective to arrest the sinister growth of unemployment.

Under these circumstances, what is absolutely necessary is to provide some sort of definite guaranty to every young employment aspirant that he or she will be provided with an adequate means of livelihood. If Gov- ernment, fails to provide an employment or a job, it must, in the alterna- tive, provide him or her an unemployment allowance in terms of money.

Hence this Bill.

NEW DELHI;

RAM SUBHAG SINGH.

The 1st September, 1970.

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

[Copy of letter No. MP-10(158)/1970, dated the 19th October, 1970 from Shrl D. Sanjivayya, Minister of Labour, Employment and Rehabili- tation to the Secretary, Lok Sabha.]

The President, having been informed of the subject matter of the Employment Guaranty Bill, 1970 by Dr. Ram Subhag Singh, M.P., recom- mends the consideration of the Bill in the Lok Sabha under article 117(3) of the Constitution.

FINANCIAL MEMORANDUM

The Bill in question creates certain legal obligations binding on the Central Government to provide a job or an adequate means of livelihood to any person enlisting his or her name on the Register of the Employ- ment Exchanges. In case of failure to provide the same the said Govern- ment is bound to pay a reasonable and an adequate amount of unemploy- ment allowance in terms of money.

This means that there is likelihood of being involved in a great expen- diture and consequently there would be a burden on the Consolidated Fund of India.

For this purpose some provision of nearly one thousand crores of rupees every year during the Plan period is quite necessary to meet the situation. There will be no non-recurring expenditure.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. In particular, this clause pro- vides for framing of rules to determine the quantum of unemployment allowance. These are matters of detail or procedure and as such the dele- gation of power is of normal character.

BILL N O. 110 OF 1970

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-first Year of the Republic

of India as follows: —

Short title.

1. This Act may be called the Constitution (Amendment) Act, 1970.

2. For article 155 of the Constitution, the following article shall be

substituted, namely: —

Substi- tution of new article for article 155.

"155. The Governor of a State shall be appointed by Parliament

under warrant issued under the hand and seal of the President."

Appoint- ment oi Gover- nor.

STATEMENT OF OBJECTS AND REASONS

The role of Governors has been highly controversial one. In recent months, the Governors of Bihar, Punjab, U.P. etc. have acted while fac- ing similar or almost similar situations in a manner which arouses grave misgivings about this august public office. There are reasonable grounds for the widespread public apprehension that Governors are acting at the bidding of the ruling party at the Centre.

Governors are, at present, appointees of the ruling party at the Centre and can be susceptible to¹ extraneous influences in the discharge of their duty. In U.P. and earlier in Bihar, there was flagrant violation of the constitutional duty cast upon the Governor and a breach of \he solemn oath of office. This Bill, therefore, seeks to bring the office of the Governor within the purview of democratic and parliamentary processes.

NEW DELHI,

RAM SUBHAG SINGH.

The 7th October, 1970.

S. L. SHAKDHER,

Secretary.

PRINTED BY THE GENERAL MANAGER. GOVERNMENT OF INDIA PRESS,

NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS. DELHI. 1 9 70