REGISTERED NO. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 14] NEW DELHI, THURSDAY, APRIL 13, 1972/CHAITRA 34, 1894
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
LOK SABHA
The following Bill was introduced in Lok Sabha on the 13th April, 1972: —
BILL NO. 31 OF 1972
A Bill to amend the Untouchability (Offences) Act, 1955 and further to amend the Representation of the People Act, 1951.
BE it enacted by Parliament in the Twenty-third Year of the Republic
of India as follows: —
1. (1) This Act may be called the Untouchability (Offences) Amend- ment and Miscellaneous Provision Act, 1972.
(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 section 2 of the Untouchability (Offences) Act, 1955 (herein-
22 of 1955
Amend- ment of section 2 after referred to as the principal Act), in clause (d). after the words "and includes", the brackets and figure " (i)" shall be inserted, and after item (i), as so inserted, the following shall be inserted, namely: —
"(ii) a privately owned place of worship which is. in fact, allowed by the owner thereof to be used as a place of public religious worship; but does not include any land or subsidiary shrine appur- tenant or attached to such privately owned place of worship unless such land or subsidiary shrine is allowed by the owner thereof to be used as a place of public religious worship:".
( 291 )
292 THE GAZETTE OF INDIA EXTRAORDINARY [PAET II—Amend- ment of lectiona 3, 4, 0 and 6.
3. In sections 3, 4, 5 and 6 of the principal Act, for the words "shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both", the words "shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than fifty rupees and not more than two hundred rupees" shall be substituted.
4. In section 7 of the principal Act,—
(a) in sub-section (I),—
Amend- ment of section 7.
(i) for the words "shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both", the words "shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than fifty rupees and not more than two hundred rupees" shall be substituted;
(ii) the Explanation shall be re-numbered as Explanation I, and after Explanation I, as so re-numbered, the following Ex- planation shall be inserted, namely: —
'Explanation II.—A person shall be deemed to Incite or encourage another person to practise "untouchability", if he justifies, whether on historical, philosophical or religious grounds, the practice, by such other person, of "untouch- ablllty".';
(b) in sub-section (2\, in clause (ii), for the words "shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both", the words "shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than fifty rupees and not more than two hundred rupees" shall be substituted.
5. In section 11 of the principal Act, for the words "shall, on every such subsequent conviction, be punishable with both imprisonment and fine", the following shall be substituted, namely: —
Amend- ment of section 11.
"shall, on conviction, be punishable—
(a) for the second offence, with imprisonment for a term of not less than six months and not more than one year, and also with fine which shall be not less than two hundred rupees and not more than five hundred rupees;
(b) for the third offence or any offence subsequent to the third offence, with imprisonment for a term of not less than one year and not more than two years, and also with fine which shall be not less than five hundred rupees and not more than one thousand rupees".
6. In section 15 of the principal Act,—
(i) In clause (a), the brackets and letter "(a)", and the word
"and" occurring at the end, shall be omitted: and
Amend- ment of section IB.
(ii) clause (b) shall be omitted.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 2937. In section 8 of the Representation of the People Act, 1951, in sub- 22 of 195ft
Amend- ment of section B of Act 43 of 1901.
section (/), after the words "the Indian Penal Code,", the worlds, brackets and figures "or under the Untouchability (Offences) Act, 1955," shall be inserted.
294 THE GAZETTE OF INDIA EXTRAORDINABY [PART II—SKC, 2]STATEMENT OF OBJECTS AND REASONS
Untouchability has been abolished by article 17 of the Constitution, and in pursuance of the provision of article 35 of the Constitution, the Untouchability (Offences) Act, 1955 was passed by Parliament to make the practice of untouchability a cognizable offence. During the working of this Act, it was noticed that there were some lacunae in the provi- sions and that these loopholes needed to be plugged. In April 1965, the Government of India appointed the Committee on Untouchability, Educational and Economic Development of the Scheduled Castes under the chairmanship of Shri L. Elayaperumal to examine, int&r alia, the prob- lem of untouchability vis-ovis the working of the Untouchability (Offences) Act, 1955, and to make recommendations to the Government for amendments to the Act. The Committee submitted its report in January 1969 in which it made certain recommendations with a view to plugging the loopholes and making the penal provisions more stringent. The present Bill seeks to give effect to some of the recommendations made by the said Committee.
S. NURUL HASAN.
NEW DELHI;
The 26th March, 1972.
S. L. SHAKDHER,
Secretary.