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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 36] NEW DELHI, THURSDAY, JUNE 15, 1972/JYAISTHA 15, 1894

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 15th June, 1972/Jyaistha 25, 1894 (Saka)

The following Acts of Parliament received the assent of the President on the 14th June, 1972, and are hereby published for general informa- tion:—

THE CRIMINAL LAW (AMENDMENT) ACT, 1972

No. 31 OF 1972

[ 1 4 TH June, 1972 1

An Act further to amend the Indian Penal Code, the Code of Criminal Procedure, 1898 and the Unlawful Activities (Preven- tion) Act, 1967.

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

of India as follows: —

1. This Act may be called the Criminal Law (Amendment) Act, 1972. Short title.

2. In the Indian Penal Code,—

(a) in sub-section (I) of section 153A,—

Amend- ment of Act 45 of 1860.

(i) In clause (b), the word "or" shall be inserted at the end;

231

(ii) after clause (b),, the following clause shall be inserted, namely:—

"(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such acti- vity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such acti- vity will use or be trained to use criminal force OT violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,";

(b) after section 153A, the following section shall be inserted, namely:—

"153B. (1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise,—

Imputa- tions, as- sertions prejudi- cial to national integra- tion.

(a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or com- munity, bear true faith and allegiance to the Constitution of Endla as by law established or uphold the sovereignty and Integrity of India, or

(b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied or deprived of their rights as citizens of India, or

(c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, lan- guage or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will bet- ween such members nnd other persons,

shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(2) Whoever commits an offence specified in sub-section CO, in any place of worship or in any assembly engaged in the per- formance of religious worship or religious ceremonies, shall be punished with imprisonment which may mrtmd to five years and shall also b" liable to fine.".

3. In the Code of Criminal Procedure, 1898,—

(a) in sub-section (1) of section 99A,—

Amend, merit of Act 3 of 1898.

(i) after the words "seditious or obscene matter", the words "or any matter which is prejudicial to national integration" shall be inserted;

(ii) after the words, figures and letter "or section 153A", the

words, figures and letter "or section 153B" shall be inserted;

(b) in sub-section (1) of section 106, after the word, figures and letter "section 153A", the word, figures and letter ", section 153B" shall be inserted;

(c) in sub-clause (fa) of clause (i) of section 103, after the word,

figures and letter "section 153A", the words, figures and letter "or section 153B" shall be inserted;

(d) in section 196, after the words, figures and letter "or section 153A,", the words, figures and letter "or section 153B," shall be in- serted;

(e) in Schedule II, after the entries relating to section 153A, the

following entries shall be inserted, namely: —

2

I

8

5 6

4

3

7

Warrant Not bail- Not com- a'ule. pound-

able.

May arrest without warrant.

Imputations, assertions prejudicial to national integ- ration.

Presi- dency Magis- trate or Magis- trate of th" firsti class.

Imprison- ment of either descrip- tion for three years or fine or both.

Ditto Ditto Ditto

:53B(2)

Ditto

.Ditto."

Impri- son- ment of cither i descrip- tion for hve years and fine.

Imputations* assertions prejudicial to national integration in place of pub- lic worship, etc.

4. In the Unlawful Activities (Prevention) Act, 1967, for clause (g)

of section 2, the following clause shall be substituted, namely: —

Amend- ment of Act 37 of 1967.

' (g) "unlawful association" means any association—

(i) which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or of which the members undertake such activity; or

45 of 1860.

(ii) which has for its object any activity which is punish- able under section 153A or section 153B of the Indian Penal Code, or which encourages or aids persons to undertake any such acti- vity, or of which the members undertake any such activity:

Provided that nothing contained in sub-clause (ii) shall

apply to the State of Jammu and Kashmir.'.

THE INDUSTRIAL DISPUTES (AMENDMENT) ACT, 1972

No. 32 OF 1972.

[14th June, 1972.]

An Act further to amend the Industrial Disputes Act, 1947.

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

of India as follows; —

1. This Act may be called the Industrial Disputes (Amendment) Act, Short title. 1972.

U of 1047.

2. After section 25FF of the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:—

Inser- tion of new section 25FFA.

"25FFA. (1) An employer who intends to close down an under- taking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in the prescribed manner, on the appropriate Government stating clearly the reasons for the Intended closure of the undertaking:.

Provided that nothing in this section shall apply to—

(c) an undertaking in which—

Sixty days' notice to be given of intention to close down any under- taking.

(i) less than fifty workmen are employed, or (ii) less than fifty workmen were employed on an

average per working day in the preceding twelve months,

(b) an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project.

(2) Notwithstanding anything contained in sub-acction (1), the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order.".

3. After section 30 of the principal Act, the following section sh*il be

Inserted, namely: —

Insertion of now a .-ction 30 A.

Penalty for closure without notice.

"30A. Any employer who closes down any undertaking without complying with the provisions of section 25FFA shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.".

THE UNIVERSITY GRANTS COMMISSION (AMENDMENT) ACT, 1972

No. 33 OF 1972.

[14th June, 1972.]

An Act further to amend the University Grants Commission

Act, 1956.

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

1. (I) This Act may be called the University Grants Commission (Amendment) Act, 1972.

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

may, by notification in the Official Gazette, appoint.

3 of 1056.

2. In section 2 of the University Grants Commission Act, 1956 (herein- after referred to as the principal Act), in clause (d), after the words "the Chairman", the words "and Vice-Chairman" shall be inserted.

Amend-

ment of

section

2.

3. For section 5 of the principal Act, the following section shall be substituted, namely: —

Substitu-

tion of

new flec-

tion for

section 5.

"5. (1) The Commission shall consist of—

(i) a Chairman,

(ii) a Vice-Chairman, and

Composi-

tion of

the

Commit*

sion.

(Hi) ten other members,

to be appointed by the Central Government.

(2) The Chairman shall be chosen from among persons who are not officers of the Central Government or of any State Government.

(3) Of the other members referred to in clause (Hi) of sub- section (1) —

(a) two shall be chosen from among the officers of the Cen- tral Government, to represent that Government;

(b) not less than four shall be chosen from among persons who are, at the time when they are so chosen, teachers of Uni- versities; and

(c) the remainder shall be chosen from among persons—

(i) who have knowledge of, or experience in, agricul- ture, commerce, forestry or industry;

(ii) who are members of the engineering, legal, medi- cal or any other learned profession; or

(in) who are Vice-Chancellors of Universities or who, not being teachers of Universities, are, in the opinion of the Central Government, educationists of repute or have ob- tained high academic distinctions:

Provided that not less than one-half of the number chosen under this clause shall be from among persons who are not officers of the Central Government or of any State Government.

(4) The Vice-Chairman shall exercise such of the powers, and discharge such of the duties, of the Chairman as may be prescribed.

(5) Every appointment under this section shall take effect from the date on which it is notified by the Central Government in the Official Gazette.".

4. In section 6 of the principal Act,—

(i) for sub-section (1), the following sub-section shall be subs-

Amend- ment of section 6.

tituted, namely: —

" (1) A person appointed as Chairman, Vice-Chairman or other member shall, unless he becomes disqualified for conti- nuing as such under the rules that may be made under this Act,—

(a) in the case of Chairman, hold office for a term of five years; and

(b) in the case of Vice-Chairman or any other mem- ber, hold office for a term of three years:

Provided t h a t-

ch a person who has held office as Chairman or

Vice-Chairman shall be eligible for further appointment

as Chairman, Vice-Chairman or other member, and

(ii) a person who has held office as any other mem- ber shall be eligible for further appointment as Chair- man, Vice-Chairman or other member:

Provided further that a person who has held office for two terms, In any capacity, whether m Chairman, Vice-

Chairman or other member, shall not be eligible for any further appointment as Chairman, Vice-Chairman or other member.";

(") for sub-sections (3) and (4), the following sub-sections shall

be substituted, namely: —

"(3) If a casual vacancy occurs in the office of the Chair- man, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, the Vice-Chairman holding office as such for the time being shall, notwithstanding anything contained in sub-section (2) of section 5, act as the Chairman and shall, unless any other person is appointed earlier as the Chairman, hold the office of the Chair- man for the remainder of the term of offl.ee of the person in whose place he is to so act:

Provided that where no Vice-Chairman is holding office at the time when the vacancy in the office of the Chairman occurs, the Central Government shall, notwithstanding anything con- tained in sub-section (2) of section 5, appoint any other member to act as the Chairman and the person so appointed shall not hold the office of the Chairman for a period exceeding six months.

(4) If a casual vacancy occurs in the office of the Vice- Chairman or any other member, whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, such vacancy shall be filled up by the Central Government by making a fresh appointment and the member so appointed shall hold office for a term of three years.

(5) The office of the Chairman and the Vice-Chairman shall be whole-time and salaried and subject thereto, the terms and conditions of service of the Chairman, Vice-Chairman and other members shall be such as may be prescribed.".

5. In section 12 of the principal Act,—

Amend- ment of section 12,

(i) in clause (c), for the words "necessary for the development of such Universities", the words "necessary or appropriate for the development of such Universities or for the maintenance, or develop- ment, or both, of any specified activities of such Universities" shall be substituted;

(ii) after clause (c), the following clause shall be inserted,

namely: —

"(cc) allocate and disburse out of the Fund of the Commis- sion, such grants to institutions deemed to be Universities in pursuance of a declaration made by the Central Government under section 3, as it may deem necessary, for one or more of the following purposes, namely: —

(i) for maintenance in special ca3es,

(ii) for development,

(in) for any other general or specified purpose;",

6. After section 12 of the principal Act, the following section shall be

inserted, namely:—

Insertion of new section 12A.

"12A. No grant shall be given by the Central Government, the Commission, or any other organisation receiving any funds from the Central Government, to a University which is established after the commencement of the University Grants Commission (Amendment) Act, 1972, unless the Commission has, after satisfying itself as to such matters as may be prescribed, declared such University to be fit for receiving such grant.".

Prohibi- tion regard, ing giving of any grant to a University not

declared by the Commlfl-

•ion fit to receive ouch front.

7. In section 14 of the principal Act,—

Amend ment 0 section 14.

(1) after the words and figures "or section 13", the words, brackets, letters and figures "or contravenes the provisions of any rule made under clause (f) or clause (g) of sub-section (2) of sec- tion 25, or of any regulation made under clause (e) or clause (f) or clause (9) of section 26," shall be inserted;

(ii) for the words "for its failure to comply with such recom- mendation", the words "for such failure or contravention," shall be substituted.

8. After section 26 of the principal Act, the following section shall

be inserted, namely: —

Insertion of new section 27.

Power to delegate.

"27. (1) The Commission may, by regulations made under this Act, delegate to its Chairman, Vice-Chairman or any of its officers, its power of general superintendence and direction over the busi- ness transacted by, or in, the Commission, including the powers with regard to the expenditure incurred in connection with the maintenance of the office and internal administration of the Com- mission.

(2) No regulation shall be made under this section except with

the previous approval of the Central Government.".

Transi- tional provi- sions.

9. Every member of the Commission holding office as such imme- diately before the commencement of this Act, shall continue to hold such office after such commencement until the reconstitution of the Commission in accordance with the provisions of the principal Act, as amended by this Act:

Provided that the person holding, immediately before the com- mencement of this Act, the office of the Chairman, shall continue to hold that office by the same tenure and upon the same terms and condi- tions as he held it immediately before such commencement.

Repeal.

27 of 1970.

10. The University Grants Commission (Amendment) Act, 1970, is

hereby repealed.

K. K. SUNDARAM,

Jt. Secy, to the Govt. of India.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,

NEW DELHI AND ""H-ISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 72