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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 34] NEW DELHI, FRIDAY, AUGUST 4, 1972/ SRAVANA 13, 1894

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

LOK SABHA

The following Bills were introduced in Lok Sabha on the 4th August,

1972:—

BILL NO. 65 OF 1972

A Bill to provide for the formation of an Authority for the purpose of

setting up an atomic power plant in Bihar and for matters connected

therewith.

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

Republic of India as follows: —

1. (2) This Act may be called the Bihar Atomic Authority Act, 1972.

(2) It shall conic into force at once.

Short title and commence- ment.

Setting up of 2. There shall be set up an Authority to be known as the Bihar Atomic Authority which shall consist of the following eleven members—

Atomic

Authority (a) eight competent scientists, four to be nominated by the Bihar Government and four by the Central Government;

(b) the Prime Minister of India ex-officio;

(c) the Chief Minister of Bihar ex-officio or in his absence the Governor of Bihar; and

(655)

(d) on© member to be nominated by the Central Government in consultation with the State Government who shall be the Director of the Authority.

3. Except the Prime Minister of India and the Chief Minister or the Governor of Bihar, as the case may be, the members of the Authority shall be paid monthly salaries not exceeding two thousand rupees.

Emolu- ments of members or the Authority,

Functions of the Authority

4. The function of the Authority shall be to set up an atomic power plant near Jaduguda in Hazaribagh district of Bihar where uranium is produced or at any other place in Bihar, as the members of the Authority may decide, with a view to produce atomic power for the benefit of Bihar and neighbouring States and to cany on further nuclear research.

5. The decisions of the Authority shall be arrived at by a majority of the Members present and voting but in case of tie the Chairman of the meeting shall have a casting vote.

Mode of decision of (h" Autho

rlty.

STATEMENT OF OBJECTS AND REASONS

The State of Bihar is the richest mineral area in India and one of the richest areas in the world in nuclear raw materials. The Jaduguda area in Hazaribagh district is the richest uranium reservoir in the world. But despite this, it would be a great injustice done to Bihar if it is dep- rived of its right to have an atomic power plant of its own.

Hence the Bill provides for establishing an organisation, called the Bihar Atomic Authority, which will proceed with the steps for setting up an atomic power plant in Bihar and for carrying out further intwv aive nuclear research.

NEW DELHI.

S. M. BANEKJEE.

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to set up the Bihar Atomic Authority. Clause 3 provides for payment of Salaries to the members of the Autho- rity. Clause 4 seeks to set up an atomic power plant. It is estimated that a sum of Rs. 10 crores will be required from the Consolidated Fund of India to set up the authority and the atomic power plant. A sum of not more than one crore per year will be required for meeting the re- curring exnenditure.

B I LL N O. 63 OF 1972

A Bill to provide for abolition of caste system and to put a ban on

expression of caste after the name

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

Republic of India as follows: —

1. (1) This Act may be called Hie Caste System (Abolition) Act, 1972,

(2) It extends to the whole of India.

ttiuwt title, extent and ciominenr.'p ment, (3) It shall come into force six months after the date on which it

receives the assent of the President.

2. The Caste system is hereby abolished.

Abolition of caste system.

3. It shall be unlawful for any Government, authority or person to require a person, who is a citizen of India, to declare his caste in any form, statutory or non-statutory, official or non-official.

Declara- tion of caste as unlawful.

4. No person shall mention his caste after his name, either in writing

or in speech.

.rromLu- tion of mention- ing Caste after name.

5. No person shall call another person by his caste or mention ano- ther person's caste while communicating with him in writing or in speech.

Prohibi- tion on calling a person by his caste.

6- No perton shall compel any other person to act in a manner aon-

trary to the provisions of sections 3, 4 and 5 of thit Act.

Compel- ling per- sona to act con- trtrjr to provi- sions.

Penalty. 7. Any person who acts in contravention of the provisions of this Act, shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

8. (1) The Central Government shall give effective and regular and publicity to the provisions of this Act for a period of ten years from th# commencement of this Act.

Publicity to be given by the Central Gov- ernment

(2) The publicity shall be made through variouj official and nan- official mass publicity mediae including newspapers, m&gaxtOM, radio, television and cinema.

STATEMENT OF OBJECTS AND REASONS

In the preamble to the Constitution of India, the people have resol- ved, inter alia,) to secure to themselves justice, social, economic and politioal; equality of status and dignity of individual. But the caste system in India has betrayed this noble resolve. In order to make citi- zens' equality a reality, the human mind will have to liberate itself from this obsolete concept. Castoism has embittered man and man relation- ship in our society.

The concept of casteism and the practice of tracing one's social status from his caste is a reactionary and fossilized concept. Such reactionary attitudes will have to be discarded completely if the egalitarian prin- ciples of the Constitution are to inform and elevate our serial life.

Hence this Bill.

YAMUNA PRASAD MANDAL.

NEW DELHI;

The 4th May, 1972.

FINANCIAL MEMORANDUM

Clause 8 of the Bill provides for publicity of the provisions of this Act. It will involve an annual recurring expenditure of about ten lakb rupees from the Consolidated Fund of India.

No non-recurring expenditure is likely to be involved.

BILL N O. 68 OF 1972

A Bill further to amend the Constitution of India

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

1. This Act may be called the Constitution (Amendment) Act 1972. Short title.

2. In the Ninth Schedule to the Constitution, after entry 66 and Amend, before the explanation, the following entry shall be inserted namely:— mentol

Ninth "67 The Kerala Private Forests (Vesting and Assignment) Act, Schedule, 1971 (Kerala Act 26 of 1971).".

STATEMENT OF OBJECTS AND REASONS

The nationalisation of private forests in Malabar and the remaining areas in the State of Kerala has been one of the most popular slogans of the peasants and agricultural labourers' movement in Kerala which was supported by the entire progressive forces there.

Private forests in Malabar which are about five thousand square Jdlometres of highly fertile land, most of which are cultivable, were •owned by a handful of feudal chieftains and princely families who •formed the backbone of feudalism in Kerala.

Kerala cannot visualise to have a meaningful land reform without the nationalisation of these private forest lands. In Kerala to-day, the Government is vigorously implementing the Kerala Land Reforms Act, 1963 (Kerala Act 1 of 1984) which is a very radical land reforms Act, Parliament has given Constitutional protection to this Act and other Kerala land reform Acts by including them in the Ninth Schedule to the ^Constitution.

It was as a part of the same land reform movement that the Kerala legislature had enacted the Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act 26 of 1971). As happened in the case of the •aforesaid Kerala land reforms Acts, this Act also had been challenged in the High Court by the land lords and other interested parties. The High Court has now held this Act as unconstitutional and void.

This verdict of the Court will constitute a very serious set-back to

the implementation of the land reform measures in Kerala.

The need of the hour is to constitutionally protect this Act by includ- ing it in the Ninth Schedule to the Constitution. Only such a step can .ensure the successful implementation of land reforms in Kerala.

Hence this Bill.

NEW DELHI; C. K. CHANDRAPPAN.

[The 23rd June, 1972.

Sec. 2] THE GAZETTE OF INDIA EXTRAORDINAJIY

tfj

BILL NO. 70 or 1&72

A Bill further to amend the Constitution of India

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

1. This Act may be called the Constitution (Amendment) Act, 1972.

Short

titl*.

2. In the Ninth Schedule to the Constitution, after entry 66 and before the Explanation, the following entry shall be inserted, namely: —

Amend-

ment of

Ninth

Schedule.

"67. Sections 48, 49, 53, 56, 58 and 63 of the Kerala University Act, 1969 (Kerala Act 9 of 1969).".

STATEMENT OF OBJECTS AND REASONS

It is a fact that a large majority of educational institutions in Kerala are under the control of powerful and notorious corporate managements who are running these institutions in a most scandalous manner. The grip of these managements on university education is much more because of the fact that an overwhelming majority of the colleges in that State are owned by them.

In these colleges the appointment of the teachers are done at the sweet will of these managements in a corrupt manner, the service condi- tions are very poor. The students are admitted after squeezing out good amounts from them in the name of donations. Comparing to the tuition fees in the government colleges, the fees charged by the managements are exhorbitantly higher. Over and above this, they charge large amounts as special fees on flimsy grounds.

The Kerala University Act, 1969 (Kerala Act 9 of 1969), while visua- lising other reforms in the University, had made an attempt to control these managements in a small way. As they were not ready to accept even a small control over them, they challenged the Act in the court of law and got a verdict in their favour.

This has emboldened the managements who think that they are in a position to block any educational reform. It happened in the past too. The private school and college managements in Kerala used to play the game of politics, with all reactionary and vested interests on their side, to topple the ministries which had tried to bring about educational re- forms in Kerala. They always tried to block democratisation and reform of education in Kerala and have become a stumbling block in the way of achieving social progress.

Recently, when the Kerala Government had decided to bring down the fees in private colleges to the level of government colleges, the managements decided to close down their institutions. Last year, when the teachers demanded a fair deal and the government agreed with the teachers, these managements had resorted to closure again- Closure of educational institutions and taking education into a ransom have become a dirty political weapon in the hands of corporate managements in Kerala, who often want to engineer political crisis in Kerala, if any gov- ernment made an attempt to bring about educational reforms.

It is absolutely essential to put an end to this black-mailing tactics. The Kerala University Act, 1969, would have given some powers to the government for doing this. But the relevant clauses have been struck down by the court.

This Bill seeks constitutional protection to those provisions of the Kerala University Act, 1969, which have been struck down, by the Supreme Court by including them in the Ninth Schedule to the Constitu- tion.

NEW DELHI;

C. K. C H A N D R A P P A N. The 3f>*h June, 1972.

S. L. SHAKDHER,

Secretary.

PHlNTItD BY THE GENERAL MANAGER,' GOVERNMENT OF INDIA PRESS, MINTO BOAD,

NEW DELHI AND PUBLISHED BY THE MANAGER OF PfUBLICATTONS, DELHI, 1 9 72