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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 59] NEW DELHI, WEDNESDAY, NOVEMBER 22, 1972/AGRAHAYANA 1, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 22nd

November, 1972: —

II

BILL NO. XXXIX OF 1972

A Bill to provide for authorised translations of Central laws in certain

languages.

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 Authorised Translations (Central

Laws) 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. A translation in any language (other than Hindi) specified in the Eighth Schedule to the Constitution, published under the authority of the President in the Official Gazette,—

(a) of any Central Act or of any Ordinance promulgated by the

President, or

(b) of any order, rule, regulation or bye-law issued under the

Constitution or under any Central Act.

Authori- sed trans- lations of Cen- tral laws in cer- tain langu- ages.

shall be deemed to be the authorised translation thereof in such language,

( 1 1 5 1)

3. (I) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act

Power to maka rules.

(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may bo comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall there- after have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

STATEMENT OF OBJECTS AND REASONS

Authorised translations of the various Central laws in State official languages would be extremely useful to (he general public and also for official purposes of the States, which have adopted languages other than Hindi and English aw o^iciol lanRua^es of their States Therefore, when the Official Language (Legislative) Commission was first constituted in 196], it was also entrusted with the function of arranging for translation of Central Acts, Ordinances and regulations into the various official lang- uages of the States. According to the existing arrangements, the trans- lation in a State official language is prepared by or under the auspices of the Government of the State concerned and finalised by the Official Language (Legislative) Commission in consultation with the translating authority. In the absence of any legal provision for their authentication and publication, such translations can have no legal status and their utility would be limited.

It is, therefore, necessary to make provision for the publication of authorised translations of Central Acts, Ordinances as also of orders, rules, regulations and bye-laws issued under the Constitution or under any Central Act, in State official languages. Hence this Bill.

NEW DELHI;

The 9th November. 1972.

RAM NIWAS MIRDHA

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides fur the authorised translation of any Central Act or Ordinance promulgated by the President and of any order, rule, regulation or bye-law issued under the Constitution or under any Central Act in languages other than Hindi specified in the Eighth Schedule to the Constitution. This would involve expenditure from the Con- solidated Fund of India.

2. The Legislative Department, Ministry of Law and Justice, have already made arrangements for the translation of Central Acts into all the official languages of the States through the agencies set up by the States themselves. Under an arrangement arrived at between the Legis- lative Department and the State Governments, translations of Central Acts are to be prepared by State agencies and submitted to the Official Language (Legislative) Commission, Ministry of Law and Justice, in a final form for its approval. The States will be reimbursed at the rate of Rs. 40 per page of 400 words. Estimating the total number of pages of Central Acts as being about lU.OOO pages, Uu> expenditure on transla- tion in one language will be approximately Rs. 4 lakhs. For the eleven official languages the total expenditure will be roughly Rs. 44 lakhs on the translation of existing Central Acts alone. The expenditure will be spread over a number of years.

3. The translation of oiders, rules, regulations and bye-laws issued under the Constitution or under any Central Act has not been taken up so far. However, assuming that at the relevant time there are about 30,000 pages of such legislation and the procedure adopted therefor is the same as has been adopted for Acts, the expenditure on translation of the .same in 11 languages, at Rs. 40 per page of translation in one language, is estimated to be Rs. 1,32,00,000 (30,000 x 40 x 11). This expenditure will be incurred after some time and will be spread over a number of years.

4. The translations will have to be kept up-to-date and new laws will also have to be translated. The expenditure on this account, which will be of a recurring nature, will vary from year to year according to the volume of legislation and subordinate legislation in that year. Assuming that the total volume will be. on tho average, about 3,000 pages per year, the expenditure on the translation ul' the same in 11 languages, at Rs. 40 per page of translation in one language, is estimated to be Rs. 13,20,000 (3,000 x 40 x 11).

5. The expenditure mentioned above does not take into account the expenditure which is incurred on the maintenance of the State language units in the Official Language (Legislative) Commission. The Commis- !>iun. provides the co-ordination and supervision necessary for the work. A State 1 align age unit in the Commission consist of a Member, a Drafts- man and a Stenographer or a Typist, The total annual expenditure on one language unit may roughly be Rs. 60,000! After making provision for travelling allowances and various sundries, the annual expenditure on all State language units may be roughly Rs. 7i lakhs.

6. The expenditure as indicated in the preceding paragraphs has been calculated on the basis of the numbrr ul existing State official languages. Thp exocndiUire will inovas^ proportionately if any language in the

Eighth Schedule which is not at present the official language of any State is recognised as such hereafter.

7. The Bill does not involve any expenditure of a non-recurring nature.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause ii of the Bill seeks to confer on the Central Government gene- ral ru}e-making powers on the same lines as m other Acts of Parliament. The rules that will be made in pursuance of this clause will relate to matters of procedure regarding the publication of the translations under ihe authority of the President, The delegation of legislative power is, therefore. o.f a normal eharnder.

SEC. 2] TUK GAZETTE ui L\T)U I'lXTl-tAORDINlAUY 1157

II

BILL NO, XXXVTI OP 1972

A Bill further to amend the Cinematograph Act, 1952.

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

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

2. In the Cinematograph Act, 1952 (hereinafter referred to as the prin- 37 of 1952.

Amend- cipal Act), in section 1,—

ment of section ].

(i) in sub-section (2), the words "except the State of Jammu and Kashmir" shall be omitted:

(ii) to sub-section (3). the following proviso shall be- added, namely: —

"Provided that Parts I and II shall come into force in the State of Jammu and Kashmir only on such date after the com- mencement of the Cinematograph (Amendment) Act, 1972, as the Central Government raay, by notification in the Official Gazette, appoint".

3. In Part I of the principal Act, alter section 2, the following section

flhall be inserted, namely: —

Insertion of new section 2A.

"2A. Any reference in this Act 1o any luw which is not in force, oi' any functionary not in existence, in the State of Jammu and Kash- mir, shall, in relation to that State, be construed as a reference to the corresponding law in force, or in the corresponding functionary in existence, in that State,".

Construc- tion of references to any law not in force or any function- ary not in exis- tence in the State of Jammu and Kashmir.

4. In section 8 of the principal Act, for sub-section (3), the following

Bub-sectlon shall be substituted, namely: —

Amend- ment cf section 8,

a{3) Every rule made by the Central Government under tills Part shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more suc- cessive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".

Repeal

and

saving.

Jammu and Kashmir Act 24 of 1989. (1933 A.D.) 5. (1) On and from the date on which the provisions of Parts I and II of the principal Act come into force in the State of Jammu and Kash- mir, the provisions of the Jammu and Kashmir Cinematograph Act, 1989, in so far as they relate to the sanctioning of cinematograph films for exhibition, shall stand repealed.

(2) The repeal by sub-section (1) of the provisions of the Jammu and Kashmir Cinematograph Act, 1989, in so far as they relate to the sanctioning of cinematograph films for exhibition, shall not affect—

(a) the previous operation of the provisions sn repealed or any-

thing duly done or suffered thereunder: or

(b) any right, privilege, obligation or liability acquired, accrued

or incurred under the provisions so repealed; or

(c) any penalty, forfeiture or punishment incurred *n respect

of any offence committed against the provisions so repealed; or

Sac. 2] TH1 GAZETTE OF INDIA EXTRAORDINARY *I59

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceeding or remedy may be institut- ed, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the said provisions had not been repealed:

Provided that anything done or any action taken (including any appointment made, notification issued or rule made) under the provi- sions so repealed shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act and now extended to the State of Jammu and Kashmir and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the principal Act as amended by this Act.