REGISTERED NO. D. 221

The Gazette of India

EXTRAORDlNARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 77]

NEW DELHI, MONDAY, DECEMBER 18, 1973/AGRAHAYANA 27, 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 18th Decem-

ber, 1972:—

BILL NO. 118 OF 1972

A Bill to provide for the administration of the National Library and

certain other connected matters.

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

of India as follows: —

CHAPTER I

PRELIMINARY

1. (2) This Act may be called the National Library Act, 1972.

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

may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires —

(a) "Board" means the Board established under section 3;

(b) "Chairman" means the Chairman of the Board;

Short title

and com-

mence-

ment.

Defini-

tions.

( 1701)

1702

THE GAZETTE OF INDIA EXTRAORDINAEY

[PART l i -

fe) "Fund" means the Fund referred to in section 21;

(d) "Library" means the National Library located at Calcutta;

(e) "member" means a member of the Board and includes the

Chairman;

(j) "prescribed" means prescribed by rules made under this Act.

CHAPTER II

THE NATIONAL LIBRARY BOARD

3. (i) With effect from such date as the Central Government may, by

notification in the Official Gazette, appoint, there shall be established for

the purposes of this Act, a Board to be known as the National Library

Board.

(2) The Board shall be a body corporate with the name aforesaid,

having perpetual succession and a common seal with power, subject to

the provisions of this Act, to acquire, hold and dispose of property and

contract and may by that name, sue and be sued.

(3) Notwithstanding anything contained in sub-section (2), the Board

shall not, except with the previous approval of the Central Government

or of any officer of the Central Government authorised in this behalf by

that Government, sell or otherwise dispose of any manuscripts, books,

articles or things belonging to the Library.

4. (1) The Board shall consist of the following members, namely: —

(a) the Secretary in the Ministry or Department of the Central

Government dealing with matters relating to the Library;

(b) the Secretary in the Ministry of the Central Government

dealing with finance;

whom—

(i) four shall be from among persons who, in the opinion

Of the Central Government, are distinguished educationists or

have special knowledge of, and experience in, matters relating

to the administration of libraries;

(ii) one shall be a representative of any of the universities

in India; and

(Hi) the other shall be from among persons who, in the

opinion of the Central Government, have knowledge of, and

experience in, science and technology;

(d) one person to be nominated by the Chairman of the Univer-

sity Grants Commission to represent that Commission;

(e) the Director of the Library, who shall be Member-Secretary.

(2) Every nomination under this section shall take effect as soon as

tt is notified by the Central Government in the Official Gazette.

Establish-

ment and

incorpora-

tion ot

Board.

Composi-

tion of

Board.

SEC. 2]

THE GAZETTE OF INDIA EXTRAOBDINA3Y

1703

5. The Central Government shall appoint a member from among thf

members of the Board referred to in clauses (a), (b), (c) and (d) oi

sub-section (2) of section 4 as Chairman of the Board.

6. (I) The term of office of the Chairman and the other nominated

members of the Board shall be three years from the date on whjch they

assume office as such.

(2) Any nominated member may resign his office by giving¹ notice in

writing to the Central Government and, on such resignation being noti-

fied by the Central Government in the Official Gazette, shall be deemed

to have vacated his office.

(3) A casual vacancy created by the resignation of a nominated

member under sub-section (2) or for any other reason may be filled by

fresh nomination by the Central Government or the University Grants

Commission, as the case may be, and a member so nominated shall hold

office for the remaining period for which the member in whose place he

is nominated would have held office.

(4) An outgoing member shall be eligible for re-nomination.

(5) If any nominated member is by infirmity or otherwise rendered

temporarily incapable of carrying out his duties or is absent on leave

or otherwise in circumstances not involving the vacation of his office, the

Central Government or the University Grants Commission, as the case

may be, may nominate another person to act in his place during his

absence.

7. No act of the Boprd shall be invalid merely by reason of—

(a) any vacancy in, or defect in the constitution of, the Board,

(b) any defect in the nomination of the person acting as a

member thereof, or

the case.

8. (1) Before nominating a person to be a member of the Board, the

Central Government or the University Grants Commission, as the case

may be, shall satisfy itself that the person will have no such financial or

other interest as is likely to affect prejudicially the exercise or perfor-

mance by him of his functions as a member and the Central Govern- ;

ment or the University Grants Commission, as the case may be, shall '

also satisfy itself from time to time with respect to every member no mi- '

nated by it that he has no such interest; and any person who is or whom ;

the Central Government or the University Grants Commission, as the }

case may be, proposes to nominate and who has consented, to be a mem-

ber shall, whenever requested by the Central Government or the Uni-

versity Grants Commission so to do, furnish to it such information as the

Central Government or the University Grants Commission considers

necessary for the performance by it of its duties under this sub-section.

Appoint-

ment of

Chairman

Term of

office

and fresh

nomina-

tion in

certain

cases.

Vacancies,

etc., not

to invali-

date apts

Duty of

Central

Govern-

ment and

Univer-

sity

Grants

Commis-

sion nomi-

nating

persons.

1704

T H E GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) A nominated member who is in any way directly or indirectly

interested in a contract made or proposed to be made by the Board shall,

as soon as possible, after the relevant circumstances have come to his

knowledge, disclose the nature of his interest at a meeting of the Board

and the disclosure shall be recorded in the minutes of the Board and the

member shall not take part after the disclosure in any deliberation or

decision of the Board with respect to that contract,

9. (1) The Board shall meet at such times and places and shall, sub-

ject to the provisions of sub-sections (2), (3) and (4), observe such rules

of procedure in regard to the transaction of business at its meetings

including the quorum at meetings, as may be provided by regulations

made under this Act.

(2) The Chairman or, in his absence, any member chosen by the

members present froni among themselves, shall preside at a meeting of

the Board.

(3) If any member, being an officer of the Government, is unable to

attend any meeting of the Board, he may, with the previous approval

of the Chairman, authorise any person in writing to do so.

(4) All questions at a meeting of the Boprd shall be decided by a

majority of the votes of the members present and voting and in the case

of an equality of votes, the Chairman or, in his absence, the member

presiding, shall have a second or casting vote.

10. (1) There shall be an Executive Council of the Board consisting

of such number of members as the Board may think fit.

(2) The Director of the Library shall be the Chairman of the Execu-

tive Council and the other members thereof shall be appointed from

among the members of the Board or from outside or partly from among

the members of the Board and partly from outside:

Provided that a representative each from the Ministry of the Central

Government dealing with finance and the Ministry or Department of the

Central Government dealing with culture shall be members of the Exe-

cutive Council.

(3) The Executive Council shall exercise such of the powers and

perform such of the duties of the Board as may be prescribed or as the

Board may delegate to it subject to such conditions as the Board may

deem fit.

11. (1) The Board may associate with itself in such manner and for

such purposes as may be provided by regulations made under this Act,

any person whose assistance or advice it jnay desire in performing any

of its functions under this Act.

(2) A person associated with it by the Board under sub-section (1)

for any purpose shall have the right to take part in the discussions of the

Board relating to that purpose, but shall not, by virtue of this section,

be entitled to vote.

Meetings

of Board.

Executive

Council.

Tempo-

rary

associa-

tion' of

persons

with

Board

for

particu-

lar pur*

poses.

SEC. 2]

THE GAZETTE Otf INDIA EXTRAORDINARY

lyo^

12. All orders and decisions of the Board shall be authenticated by the

signature of the Chairman or any other member authorised by the Board

in this behalf and all other instruments issued by the Board shall be

authenticated by the signature of an officer of the Board authorised in

like manner in this behalf.

13. (1) The Central Government shall appoint a person, who in its

opinion possesses academical qualifications of distinction or is a distin-

guished Librarian, as the Director of the Library.

(2) The term of office of the Director shall be for a period of five

years from the date on which he assumes office:

Provided that the Central Government may extend such term for

such further period or periods as it may deem fit.

(3) The Director shall be entitled to such salary and allowances and

shall be subject to such other conditions of service as may be prescribed.

14. (2) Subject to, the provisions of sub-section (2), the Board may,

for the purpose of enabling it efficiently to perform its functions under

this Act, appoint such number of officers and other employees as it may

deem fit.

(2) The recruitment and conditions of service of such officers and

employees shall be such as may be provided by regulations made under

this Act,

15. Subject to 4he provisions of this Act, every person employed in

the Library immediately before the date of establishment of the Board

shall, on and from such date, become an employee of the Board with

such designation as the Board may determine and shall hold his

office or service therein by the same tenure, at the same remuneration

and upon the same terms and conditions as he would have held the same

on such date as if the Board had not been established and shall continue

to do so unless and until his employment in the Board is terminated

or until such tenure, remuneration and terms and conditions are duly

altered by the Board:

Provided that the tenure, remuneration and terms and conditions of

service of any such person shall not be altered to his disadvantage with-

out the previous approval of the Central Government.

16. The Library shall continue to, be located at Calcutta.

CHAPTER III

PROPERTY, LIABILITIES AND FUNCTIONS OF THE BOARD

17. (1) On the establishment of the Board—

(i) all properties, funds and dues which are vested in, or rea-

lisable by, the Central Government for the purposes of the Library

shall vest in, and be realisable by, the Board; and

(ii) all liabilities in relation to the Library, which are enforce-

able against the Central Government, shall be enforceable only

against the Board.

Authenti-

cation of

orders and

other

instru-

ments

of Board.

Appoint-

ment of

Director.

Staff of

Board.

Transfer

of service

existing

employees

to Board.

Location

Library.

Property

and lia-

bilities

of Board.

1706

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) All properties, which may, after the establishment of the Board

be given, bequeathed or otherwise transferred to the Library or acquired

by the Board shall vest in the Board.

18. (1) It shall be the general

duty of the Board to manage the

Library and implement programmes for the development of the Library

on modern scientific lines (including programmes for photo copying of

manuscripts and books) and perform such other functions a>s the Cen-

tral Government may, from time to time, assign to the Board.

(2) In particular and without prejudice to the generality of the fore-

going provisions, the Board may take such steps as it thinks fit—

(a) for providing for instructions and research in matters relat-

ing to libraries and for the advancement of learning and dissemina-

tion of knowledge in such matters; and

(b) to, do all such other things as may be necessary for the per-

formance of its functions under this Act.

19. (1) Subject to such conditions

and restrictions as the Central

Government may think fit to impose, the Board may exercise all such

powers as may be necessary or expedient for the purpose of carrying

out its duties under this Act.

(2) Subject to, such regulations as may be made by the Board in this

behalf, the Board may, from time to

time, purchase or

otherwise

acquire such manuscripts, books, articles or tilings as may, in the opinion

of the Board, be worthy of preservation in the Library.

CHAPTER IV

FINANCE, ' ACCOUNTS, AUDIT AND REPORT

20. For the purpose of enabling the Board to perform its functions

efficiently under this Act, the Central Government may, after due appro-

priation made by Parliament by law in this behalf, pay to the Board in

each financial year such sums of money as that Government considers

necessary by way of grant, loan or otherwise.

21. (1) The Board shall maintain a Fund to which shall be credited—

(a) all moneys paid by the Central Government;

(b) all fees and other charges levied under this Act;

donation, benefaction, bequest, subscription, contribution or transfer;

(d) all other moneys received by the Board in any other manner

or from any other source.

(2) The Board may expend such sums as it thinks lit for performing

its functions under this Act and such sums shall be treated as expenditure

payable out of the Fund.

(3) A sum of money not exceeding such amount as may be provided

by regulations made under this Act may be kept in current account with

any scheduled bank as denned in section 2 of the Reserve Bank of India

Act, 1934, or any other bank approved by the Central Government in this

Duties

of Board.

Powers of

Board,

Grants by

Central

Govern-

ment to

Board.

Fund of

Board.

2 of 1934.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

1707

behalf but any moneys in excess of that sum shall be deposited in the

Reserve Bank of India or with the agents of the Reserve Bank of India or

invested in such manner as may be approved by the Central Government,

22. (1) The Board shall by such date in each year as may be specified

by the Central Government, submit to it for approval a budget for the

next financial year in the form specified by it, showing the estimated

receipts and expenditure, and the sums which would be required from

Mie Central Government during that financial year.

(2) If any sum granted by the Central Government remains wholly

or partly unspent in any financial year, the unspent sum may be carried

forward to the next financial year and taken into account-in determining

the sum to be provided by the Central Government for that year.

(3) Subject to the provisions of sub-section (4), no sum shall be

expended by or on behalf of the Board, unless the expenditure is covered

by provision in the budget approved by the Central Government.

(4) Subject to such conditions and restrictions as the Central

Government may think fit to impose, the Board may sanction any

reappropriation from one head of expenditure to another or from a provi-

sion made for one purpose to that for another purpose,

23. (1) The Board shall maintain proper accounts and other relevant

records and prepare an anmial statement of account including the balance

sheet in such form as may be specified, and in accordance with such

general directions as may be issued by the Central Government in

consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Board shall be audited annually by the

Comptroller and Auditor-General of India and any expenditure incurred

by him in connection with such audit shall be payable by the Board to

the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person

appointed by him in connection with the audit of the accounts of the

Board shall have the same rights, privileges and authority in connection

with such audit ar, the Comptroller and Auditor-General of India has in

connection with the audit of Government accounts, and, in particular,

shall have the right to demand the production of books, accounts,

connected vouchers arid other documents and papers and to inspect the

office of the Board and the Library.

(4) The accounts of the Board as certified by the Comptroller and

Auditor-General of India or any other person appointed by him in this

behalf, together with the audit report thereon, shall be forwarded by the

Board annually to the Central Government and that Government shall

cause the same to be laid before each House of Parliament.

24. (1) The Board shall furnish to the Central Government at such

time and in such form and in such manner as the Central Government

may direct such returns, statements and particulars as the Central Gov-

ernment may, from time to time, require.

Budget,

Accounts

and audit

Returns

and

report.

1708

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(2) Without prejudice to the provisions of sub-section (1), the Board

shall, as soon as possible after the commencement of each financial year,

submit to the Central Government within such time as may be specified

by the Central Government a report giving true and full account of the

activities of the Board during the previous financial year and an account

of activities likely to be undertaken during the current financial year.

CHAPTER V

MISCELLANEOUS

25. (1) In the performance of its functions under this Act, the Board

shall be bound by such directions on questions of policy as the Central

Government may give to it from time to time:

Provided that the Board shall be given an opportunity to express its

views before any direction is given under this sub-section,

(2) The decision of the Central Government whether a question is

one of policy or not shall be final.

26. The Board, may, by a general or special order in writing, direct

that all or any of the powers or duties which may be exercised or dis-

charged by it shall, in such 'circumstances and under such conditions, if

any, as may be specified in the order, be exercised or discharged also by

any member, officer or employee of the Board specified in this behalf

in the order.

27. All officers and the employees of the Board (including the Director

of the Library) shall, when acting or purporting to act in pursuance of

the provisions of this Act or of any rule or regulation made thereunder,

be deemed to be public servants within the meaning of section 21 of the

Indian Penal Code.

28. No suit, prosecution or other legal proceeding shall lie against the

Board or any member, officer or employee of the Board (including the

Director of the Library) for anything which is in good faith done or

intended to bo done in pursuance of the provisions of this Act or of any

rule or regulation made thereunder.

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

Gazette, make rules to give effect to the provisions of this Act:

Provided that when the Board has been established no such rule shall

be made without consulting the Board.

(2) In particular and without prejudice to the generality of the fore-

going power, such rules may provide

for all

or any of the following

matters, namely: —

(a) the manner of filling casual vacancy among the members

nominated under clauses (c) and (d) of sub-section (1) of section 4;

(b) the travelling and other allowances payable to a member

(including a member of the Executive Council appointed under sec-

tion 10) and to a person associated with the Board under section 11;

ber of the Board and the procedure to be followed in removing a

member who is or becomes subject to any such disqualification;

Power of

Central

Govern-

ment

to issue

directions

to Board.

Delegation

of powerg

and duties.

Officers

and em-

ployees

of Board

to be

public

servants.

Protection

ol action

taken

under

the Act.

Power of

Central

Govern-

ment

to make

rules.

45 of I860.

SEC' 2]

THE GAZETTE OF INDIA EXTRAORDINARY

1709

(d) the method of recruitment to the post of, and the salary and

allowances and other terms and conditions of service of, the Director

of the Library under section 13;

(e) the conditions subject to which, and the mode in which,

contracts may be entered into by or on behalf of the Board;

(f) any other matter which has to be, or may be, prescribed.

(3) 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 be 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.

30. (1) The Board may, with the previous approval of the Central

Government, by notification in the Official Gazette, make regulations, not

inconsistent with this Act and the rules made thereunder, for enabling

it to perform its functions under this Act.

(2) In particular and without prejudice to the generality of the fore-

going power, such regulations may provide for all or any of the follow-

ing matters, namely:—

(a) the conditions and restrictions subject to which manuscripts

and books in the Library may be used;

(b) the manner in which and the purposes for which persons

may be associated with the Board;

to be followed in regard to the transaction of business at such meet-

Ings and the quorum necessary for the transaction of business at a

meeting;

(d) 1he maintenance of minutes of meetings of the Board and

the transmission of copies thereof to the Central Government;

(e) the recruitment and conditions of service of officers and other

employees of the Board;

(f) the person by whom and the manner in which, payments,

deposits and investments may be made on behalf of the Board;

(g) the maximum amount that may be kept in the current

account;

(h) the maintenance of registers and accounts;

(i) the compilation of catalogues and inventories of the manus-

cripts, books and other articles and things in the Library.

(j) the steps to be taken for the preservation of the manuscripts,

books and other articles and things in the Library;

(k) the general management of the Library;

Power of

Board to

make

regu-

lations.

I7TD

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(I) the fees and other charges to be levied for the facilities that

may be afforded for photo copying of manuscripts and books in the

Library.

(m) the charges that may be levied by way of rent for the use of

rooms in the readers' hostel in the Library;

(n) any other matter in respect of which provision is, in the

opinion of the Board, necessary for the performance of its functions

under this Act.

(3) The Central Government may, after consultation with the Board,

by notification in the Official Gazette, amend, vary or rescind any regula-

tion which it has approved and thereupon the regulation shall have effect

accordingly but without prejudice to the exercise of the powers of the

Board under sub-sections (1) and (2).

&sc. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

iyn

STATEMENT OF OBJECTS AND REASONS

The National Library, Calcutta formerly known as Imperial Library,

Calcutta, is an institution of national importance. The old Viceregal lodge

known as "Belvedere" houses the main Library

and a nine

storeyed

Annexe completed in 1967, Staff quarters and Readers' Hostel.

Bound

volumes of newspapers are stacked and reading room facilities provided

at the Esplanade, which is about 5 km. from the Belvedere. Facilities

for consultation are also provided at the Esplanade Reading Room. The

Library has nearly 15 lakh books, bound volumes of periodicals, maps,

manuscripts, Indian

and Foreign Official publications-

The National

Library, Calcutta is a ''Recipient¹' Library under the Delivery of Books

and Newspapers (Public Libraries) Act, 1954 as amended in 1956. The

membership rules of the Library are so liberal that any one who has

attained the age of 18 can utilise its services. Trie users of the Library's

Reading Rooms represent all levels of the Society. There are general

readers, students—under-graduate and post-graduate, research

workers,

professional men and reputed scholars. The Library is at present func-

tioning as a subordinate office under the Department of Culture.

2. Having regard to the importance and value of the collections in the

Library and to the need for reorganising and developing the Library on

modern scientific lines on the basis of the recommendations of the Jha

Committee which was appointed by the Government of India in 1968 to

suggest measures for the improved functioning and future development

of this Library, it is considered necessary

that it should be run and

administered by an autonomous Board under an Act of Parliament. The

Bill seeks to give effect to this proposal and makes provision inter alia

for the following:—

(2) the establishment of a Board for the administration of the

Library and vesting in the Board of the property of the Library;

(2) the transfer of existing staff to the Board;

(3) the issue of directions by Government to the

Board

questions of policy;

(4) the submission by the Board of annual budget, estimates

and reports to Government;

(5) the deposit of funds in the Reserve Bank, etc.; and

(6) the annual audit of the accounts of the Board by the Comp-

troller and Auditor-General.

S. NURUL HASAN.

NEW DELHI;

The 30th November, 1972.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE

CONSTITUTION OF INDIA

[Copy of letter No. F. 3-2/72-CAI (2), dated the 6th December, 1972

from Prof. S. Nurul Hasan, Minister of Education, Social Welfare and

Culture to the Secretary, Lok Sabha].

The President having been informed of the subject matter of the pro-

posed Bill to provide for the administration of the National Library and

certain other connected matters, recommends the consideration of the

Bill by the Lok Sabha under clause (3) of article 117 of the Constitution

of India.

I-JI2

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 17 of the Bill provides for the transfer of all properties, funds,

dues and liabilities of the Central Government in relation to the Library

to the Board.

Clause 20 confers power on the Central Government to pay to the

Board in each financial year such sums of money as it may think fit to

enable the Board to discharge its functions efficiently.

2. The annual recurring expenditure (Non-Plan) on the maintenance

of the Library is approximately Rs. 31.00 lakhs. There is also an annual

recurring Plan expenditure oh the Reorganisation and development of

the Library, which is approximately Rs. 6.00 lakhs. A budget provision

of Rs. 37.00 lakhs (Rs. 31.00 lakhs for Non-Plan and Rs. 6.00 lakhs for

Plan) exists in the current financial year's budget under Demand No. 93—

Department of Culture.

3. It is likely that there would also be some non-recurring expenditure

on construction of buildings, etc- However, it is not possible to estimate

precisely at this stage the amount likely to be required for the purpose

but this amount, depending upon the programmes approved and resources

available, is not likely to exceed Rs. 100 lakhs during the Fifth Five Year

Plan period.

This expenditure would have been incurred even if the

Library had continued to function as a subordinate office of the Depart-

ment o± Culture,

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

1713

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 29 of the Bill empowers

the

Central

Government to make

rules to give effect to the provisions of the Bill- The matters in respect

of which such rules may be made relate to the manner of filling casual

vacancies among the members, the travelling and other allowances pay-

able to members including associated

members

and

members of the

Executive Council of the Board, the disqualifications for membership of

the Board and the procedure to be followed in removing members

subject to disqualification, the method of

recruitment

and

terms and

conditions of service of the post of Director, the conditions

subject to

which and the mode in which contracts may be entered

into by or on

behali of the Board.

All these matters are matters of

detail and can

hardly be provided in the Bill itself.

2. Clause 30 of the Bill empowers the Board to make regulations not

inconsistent with the provisions of the Act and the rules

made there-

under. The power of making regulations is confined to procedural mat-

ters, such as the conditions and restrictions subject to which manuscripts

and books in the Library may be used, the recruitment and conditions

of service of officers and employees of the Board other than the Director,

the time and place of meetings of the Board, the procedure to be follow-

ed at such meetings, the maintenance of minutes of meetings of the

Board and transmission of copies thereof to Government,

appointment

of persons to assist the Board in the discharge of its functions,

main-

tenance of registers and

accounts, the

compilation of

catalogues and

inventories of books, manuscripts, articles and things in the Library, the

fees to be levied for photo copying of manuscripts and boohs and rents

to be charged for the use of rooms in the Readers' Hostel in the Library.

The power of making regulations is thus confined to

matters of detail

only and this power can be exercised by the Board with

the

approval of the Central Government.

2. The delegation of

legislative

power

is, therefore,

of a normal

character.

17I4

T H E GAZETTE OF INDIA EXTRAORDlNARY

[PART if—

BILL NO. 119 OF

1972

A Bill further to amend the, Customs Act, 1962, the Gold (Control) Act,

1968 and the Central Excises and Salt Act, 1944,

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

of India as follows: —

CHAPTER I

PRELIMINARY

1. This Act may be called the Customs, Gold (Control) and Central

Excises and Salt (Amendment) Act, 1972.

CHAPTER II

AMENDMENTS TO THE CUSTOMS ACT, 1962

2. In section 111 of the Customs Act, 1962 (hereafter in this Chapter

referred to as the Customs Act), in clause (m), for the words "any duti-

able or prohibited goods which do not correspond in any material parti-

cular", the words "any goods which do not correspond in respect of value

or in any other particular" shall be substituted.

3. In section 112 of the Customs Act, after clause (ii), the following

clauses shall be inserted, namely: —

"(Hi) in the case of goods in respect of which the value stated

in the entry made under this Act or in the case of baggage, in the

declaration made under section 77 (in either case hereafter in this

Short

title.

Amend-

ment of

section

111.

Amend-

ment of

section

112.

52 of 1962.

SEC. 21

THE GAZETTE OF INDIA EXTRAORDINARY

1715

section referred to as the declared value) is higher than the value

thereof, to a penalty not exceeding five times the difference between

the declared value .and the value thereof or one thousand rupees,

whichever is the greater;

(iv) in the case of goods falling both under clauses (i) and

(Hi), to a penalty not exceeding five times the value of the goods

or five times the difference between the declared value and the value

thereof or one thousand rupees, whichever is the highest;

(v) in the case of goods falling both under clauses (ii) and

(Hi), to a penalty not exceeding five times the duty sought to be

evaded on such goods or five times the difference between the de-

clared value and the value thereof or one thousand rupees, which-

ever is the highest.".

4. In section 123 of the Customs Act, for sub-section (1), the follow-

ing sub-section shall be substituted, namely:—-

" (1) Where any goods to which this section applies are seized

under this Act in the reasonable belief that they are smuggled good9,

the burden of proving that they are not smuggled goods shall be—

(a) in a case where such seizure is made from the possession

of any person,—•

(i) on the person from whose possession the goods were

seized; and

(ii) if any person, other than the person from whose

possession the goods were seized, claims to be the owner

thereof, also on such other person;

(b) in any other case, on the person, if any, who claims to

be the owner of the goods so seized.".

5. Section 135 of the Customs Act shall be re-numbered as sub-section

(1) thereof, and—

(i) in sub-section (1) as so re-numbered,—

(a) in clause (i), for the words "five years", the words

"seven years" shall be substituted;

(b) in clause (u), for the words "two years", the words

"three years" shall be substituted;

(ii) after sub-section (1) as so re-numbered, the following sub-

sections shall be inserted, namely: —

" (2) If any person convicted of an offence under this section

or under sub-section (1) of section 136 is again convicted of an

offence under this section, then, he shall be punishable for the

second and for every subsequent offence with imprisonment for

a term which may extend to seven years and with fine:

Provided that in the absence of special and adequate reasons

to the contrary to be recorded in the judgment of the court such

Imprisonment shall not be for less than six months.

Amend-

ment of

section.

123,

Amend-

ment of

section

1315.

I 7l6

THE GAZETTE OF INDIA EXTRAORDlNARY

[PART II—

(3) For the purposes of sub-sections (1) and (2), tne follow-

ing shall not be considered as special and adequate reasons for

awarding a sentence of imprisonment for a term of less than

six months, namely: —

(i) the fact that the accused has been convicted for the

first time for an offence under this Act;

(ii) the fact that in any proceeding under this Act,

other than a prosecution, the accused has been ordered to

pay a penalty or the goods which are the subject matter of

such proceedings have been ordered to be confiscated or any

other action has been taken against him for the same act

which constitutes the offence;

(in) the fact that the accused was not the principal

offender and was acting merely as a carrier of goods or

otherwise was a secondary party to the commission of the

offence;

(iu) the age of the accused.".

6. After section 135 of the Customs Act, the following sections sh£j]

be inserted, namely: —

"135A. If a person makes preparation to export any goods in

contravention of the provisions of this Act, and from the circum-

stances of the case it may be reasonably inferred that if not preven-

ted by circumstances independent of his will, he is determined to

carry out his intention to commit the offence, he shall be punishable

with imprisonment for a term which may extend to three years, or

with fine, or with both.

135B. (1) Where any person is convicted under this Act for con-

travention of any of the provisions thereof, it shall be competent for

the court convicting the person to cause the name and place of

business or residence of such person, nature of the contravention,

the fact that the person has been so convicted and such other parti-

culars as the court may consider to be appropriate in the circum-

stances of the case, to be published at the expense oi such person in

such newspapers or in such manner as the court may direct.

(2) No publication under sub-section (1) shall be made until the

period for preferring an appeal against the orders of the court has

expired without any appeal having been preferred, or such an

appeal, having been preferred, has been disposed of.

(3) The expenses of any publication under sub-section {1) shall

be recoverable from the convicted person as if it were a fine imposed

by the court.".

7. In section 136 of the Customs Act, in sub-section (1), for the words

"two years", the words "three years" shall be substituted.

Insertion

of new

sections

135A and

135B.

Prepara-

tion.

Power of

court to

publish

name,

place of

business,

etc., of

persons

convict-

ed under

the Act.

Amend,

ment of

section

BEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

1717

8. After section 138 of the Customs Act, the following sections shall

be inserted, namely; —

'138A. (1) In any prosecution for an offence under this Act

which requires a culpable mental state on the part of the accused,

the court shall presume the existence of such mental state but it

shall be a defence for the accused to prove the fact that he had no

such mental state with respect to the act charged as an offence in

that prosecution.

Explanation.—In this section, "culpable mental state" includes

intention, motive, knowledge of a fact and belief in, or reason to

oelleve, a fact.

(2) For the purposes of this section, a fact is said to be proved

only when the court believes it to exist beyond reasonable doubt

and not merely when its existence is established by a preponde-

rance of probability.

138B. (1) A statement made and signed by a person before any

gazetted officer of customs during the course of any inquiry

proceeding under this Act shall be relevant, for the purpose of prov-

ing, in any prosecution for an offence under this Act, the truth of

the facts which it contains,—

(a) when the person who made the statement is dead or

cannot be found, or is incapable of giving evidence, or is kept

out of the way by the adverse party, or whose presence cannot

be obtained without an amount of delay or expense which, under

the circumstances of the case, the court considers unreasona-

ble; or

(b) when the person who made the statement is examined

as a witness in the case before the court and the court is of

opinion that, having regard to the circumstances of the ensr., the

statement should be admitted in evidence in the interests of

justice.

(2) The provisions of sub-section (1) shall, so far as may ne,

apply in relation to any proceeding under this Act, other than a

proceeding before a court, as they apply in relation to a proceeding

before a court.'.

9. For section 139 of the Customs Act, the following section shall be

substituted, namely: —

"139. Where any document—

(i) is produced by any person or has been seized from the

custody or control of any person, in either case, under this Act

or under any other law, or

(ii) has been received from any place outside India in the

course of investigation of any offence under this Act,

and such document is tendered by the prosecution

evidence

against him or against him and any other person who is tried jointly

with him, the court shall—

Insertion

of new

sections

138A and

138B.

Presum-

ption of

culpable

mental

stale.

Relevancy

of state-

ments

under

certain

circum-

stances.

Substitu-

te on of

r.aw

section

for sec-

tion 139.

Presum-

ption as

to docu-

ments In

certain

cases.

1718

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(a) presume, unless the contrary is proved, that the signa-

ture and every other part of such document which purports to

be in the handwriting of any particular person or which

the

court may reasonably assume to have been signed by, or to be

in the handwriting of, any particular person, is in that person's

handwriting, and in the case of a document executed or attested,

that it was executed or attested by the person by whom

purports to have been so executed or attested;

(b) admit the document in evidence, notwithstanding that

it is not duly stamped, if such document is otherwise admissible

in evidence;

the contrary is proved, the truth of the contents of such docu-

ment.".

10. In Chapter XVI of the Customs Act, after section 140 the follow-

ing section shall be, inserted, namely: —

"140A. (1) Nothing contained in section 562 of the Code of

Criminal Procedure, 1898, or in the Probation of Offenders Act, 1958,

shall apply to a person convicted of an offence under this Act unless

that person is under eighteen years of age.

(2) The provisions of sub-section (1) sh'all have effect notwith-

standing anything contained in sub-section (3) of section 135.".

11. In section 156 of the Customs Act, in sub-section (2), after clause

(f), the following clause shall be added, namely:—

"(g) the publication, subject to such conditions as may be speci-

fied therein, of names and other particulars of persons who have been

found guilty of contravention of any of the provisions of this Act or

the rules.".

CHAPTER III

AMENDMENTS TO THE GOLD (CONTROL) ACT, 1968

12. In section 67 of the Gold (Control) Act, 1968 [hereafter in this

Chapter referred to as the Gold (Control) Act], for the words "Where

and document Is produced by any person under this Act or has been

seized thereunder from the custody or control of any person and such

document is tendered by the prosecution in evidence againet him", the

words "Where any document is produced by ally person or has been

seized from the custody or control of any person, in either case, under

this Act or under any other law and such document is tendered by the

prosecution in evidence against him or against him and any other person

who is tried jointly with him" shall be substituted.

13. Section 85 of the Gold (Control) Act shall be re-numbered as sub-

section (1) thereof, and—

(i) in sub-section (1) as so re-numbered, for the portion begin-

ning with the words "shall, without prejudice to any other action" and

Insertion

of new

section

140A.

Applica-

tion of

aection

662 of

the Code

of Crimi-

nal

Proce-

dure,

1898, and

of the

Proba-

tion of

Offenders

Act,

1908.

Amend-

ment of

section

1B8.

Amend-

ment of

section

67.

Amend-

ment of

•ection

83.

50 of 189S.

20 of 19S8.

45 of 1968.

SEC!. 2]

THE GAZETTE OF INDIA EXTRAORDlNARY

I719

ending with the words "which may be less than six months", the fol-

lowing shall be substituted, namely: —

"shall, without prejudice to any other action that may be taken

under this Act, be punishable—

(a) if the offence is under clause (i), (ii), (Hi), (iv) ox

(viii) [the offence under clause (viii) being a contravention

of sub-section (3) of section 55] and the value of the gold

involved therein exceeds one lakh of rupees, with imprison-

ment for a term which may extend to seven years and with

fine:

Provided that in the absence of special and

adequate

reasons to the contrary to be recorded in the judgment of the

court such imprisonment shall not be for a term of less than

six months;

(b) in any other case, with imprisonment for a term

which may extend to three years, or with fine, or with both.";

(ii) after sub-section (1) as so re-numbered, the following sub-

sections shall be inserted, namely: —

" (2) If any person convicted of an offence under this section,

or under sub-section (2) of section 95, is again convicted of an

offence under this section, then, he shall be punishable lor the

second and for every subsequent offence with imprisonment for

a term which may extend to seven years and with fine:

Provided that in the absence of special and adequate reasons

to the contrary to be recorded in the judgment of the court such

imprisonment shall not be for a term of less than six months.

(3) For the purposes of sub-sections (1) and (2), the follow-

ing shall not be considered as special and adequate reasons fot

awarding a sentence of imprisonment for a term of less than six

months, namely: —

(i) the fact that the accused has been convicted for the

first time for an offence under this Act;

(ii) the fact that in any proceeding under this Act, other

than a prosecution, the accused has been ordered to pay a

penalty or the goods in relation to such proceedings have

been ordered to be confiscated or any other action has been

taken against him for the same act which constitutes the

offence;

(Hi) the fact that the accused was not the principal

offender and was acting merely as a carrier of goods or other-

wise was a secondary party to the commission of the offence;

(iv) the age of the accused.".

14. After section 96 of the Gold (Control) Act, the following section

shall be inserted, namely: —

"96A. Notwithstanding anything contained in the Code of Crimi-

nal Procedure, 1898, an offence under section 85 or section 87 or

section 88 or section 89 or sub-section (2) of section 95 shall be

deemed to be non-cognisable within the meaning of that Code.".

3 of 1898.

Insertion

of new

section

00A.

Certain

offences

to be

non-cog-

nisable.

1720

THE GAZETTE OF INDIA EXTRAORDINARY

[PART If-

15. In Chapter XV of the Gold (Control) Act, after section 98, the

following sections shall be inserted, namely: —

'98A. (1) "Where any person is convicted under this Act for con-

travention of any of the provisions thereof, it shall be competent for

the court convicting the person to cause the name and place of busi-

ness or residence of such person, nature of the contravention, the fact

that the person has been so convicted and such other particulars as

the court may consider to be appropriate in the circumstances of the

case, to be published at the expense of such person in such newspapers

or in such manner as the court may direct.

(2) No publication under sub-section (1) shall be made until the

period for preferring an appeal against the orders of the court has ex-

pired without any appeal having been preferred, or such an appeal,

having been preferred, has been disposed of.

(3) The expenses of any publication under sub-section (1) shall

be recoverable from the convicted person as if it were a fine imposed

by the court.

98B. (1) In any prosecution for an offence under this Act which

requires a culpable mental state on the part of the accused, the court

shall presume the existence of such mental state but it shall be open

to the accused to prove the fact that he had no such mental state with

respect to the act, charged as an offence in that prosecution.

Explanation.—In this section, "culpable mental state" includes in-

tention, motive, knowledge of a fact and belief In, or reason to believe,

a fact.

(2) For the purposes of this section, a fact is said to be proved

only when the court believes it to exist beyond reasonable doubt and

not merely when its existence is established by a preponderance of

probability.

98C. (1) A statement made and signed by a person before any

Gold Control Officer of a gazetted rank during the course of

any

inquiry or proceeding under this Act shall be relevant, for the purpose

of proving, in any prosecution for an offence under this Act, the truth

>f the facts which it contains,—

(a) when the person who made the statement is dead or can-

not be found, or is incapable of giving evidence, or Is kept out of

the way by the adverse party, or whose presence cannot be ob-

tained without an amount of delay or expense which, under the

circumstances of the case, the court considers unreasonable; or

(b) when the person who made the statement is examined as

a witness in the case before the court and the court is of opinion

that, having regard to the circumstances of the case, the state-

ment should be admitted in evidence in the Interests of justice.

(2) The provisions of sub-section (1) shall, so far as may be, apply

in relation to any proceeding under this Act, other than a proceeding

before a court, as they apply in relation to a proceeding before

court.

Insertion

of new

sections

98A, 98B,

98Cand

98D.

Power of

court to

publish

name,

place of

business,

etc., of

persons

convict-

ed under

the Act.

Presum-

ption of

culpable

mental

state.

Relevancy

of state-

ments

under

certain

circum-

stances.

&zc. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

ij2I

98D. (1) Nothing contained in section 562 of the Code of CrimI- j

nal Procedure, 1898, or in the Probation of Offenders Act, 1958, shall ,

apply to a person convicted of an offence under this Act unless that j

person is under eighteen years of age.

(2) The provisions of sub-section (1) shall have effect notwith-

standing anything contained in sub-section (3) of section 85.'.

16. In section 100 of the Gold (Control) Act, in sub-section (4), for

the words "Nothing in this section shall apply to a petty transaction", the

following shall be substituted, namely:—

"Nothing in this section shall apply to the acceptance, purchase

or other receipt, by way of petty transactions, in the course of a day,

of gold up to a quantity of one hundred grammes, by a licensed dealer

or refiner or certified goldsmith, as the case may be.",

17. In section 114 of the Gold (Control) Act, in sub-section (2), after

clause (j), the following clause shall be inserted, namely:—

"(jj) the publication, subject to such conditions as may be spe-

cified therein, of names and other particulars of persons who have

been found guilty of contravention of any of the provisions of this

Act or the rules made thereunder,".

CHAPTER rV

AMENDMENTS TO THE CENTRAL EXCISES AND SALT ACT, 1944

18. Section 9 of the Central Excises and Salt Act, 1944 (hereafter In

this Chapter referred to as the Central Excises and Salt Act), shall be

re-numbered as sub-section (1) thereof, and—

(i) in sub-section (1) as so re-numbered,—

(a) after clause (b), the following clauses shall be inserted,

namely: —

"(bb) removes any excisable goods in contravention oi

any of the provisions of this Act or any rule made thereunder

or in any way concerns himself with such removal;

(bbb) acquires possession of, or in any way concerns

himself in transporting, depositing, keeping, concealing, sel-

ling or purchasing, or in any other manner deals with, anj

excisable goods which he knows or has reason to believe an

liable to confiscation under this Act or any rule made there'

under;"; and

(b) for the words "shall, for every such offence, be punish

able with imprisonment for a term which may extend to sfa

months, or with fine which may extend to two thousand rupees

5 of 1898.

20 of 1958.

1 of 1944.

Applica-

tion of

section

562 oi

the Code

of Criminal

Proce-

dure, 1898,

and of

the Pro-

bation of

Offen-

ders Act,

1958,

Amend-

ment of

section

100.

Amend-

ment of

section

114.

Amend-

ment of

saction

1722

THE GAZETTE OP INDIA EXTRAORDlNARY

[PART II—

or with both.", the following shall be substituted, namely: —

"shall be punishable,—

(i) in the case of an offence relating to any excis-

able goods, the duty leviable thereon under this Act ex-

ceeds one lakh of rupees, with imprisonment for a term

which may extend to seven years and with fine:

Provided that in the absence of special and adequate

reasons to the contrary to be recorded in the judgment

of the Court such imprisonment shall not be for a terra

of less than six months;

(ii) in any other case, with imprisonment for a term

which may extend to three years or with fine or with

both.";

(ii) after sub-section (1) as so re-numbered, the following sub*

sections»shall be inserted, namely: —

" (2) If any person convicted of an offence under this section

is again convicted of an offence under this section, then, he shall

be punishable for the second and for every subsequent offence

with imprisonment for a term which may extend to seven years

and with fine:

Provided that in the absence of special and adequate reasons

to the contrary to be recorded in the judgment of the Court such

imprisonment shall not be for a term of less than six months.

(3) For the purposes of sub-sections (1) and (2)', the follow-

ing shall not be considered as special and adequate reasons foi

awarding a sentence of imprisonment for a term of less than sia

months, namely: —

(i) the fact that the accused has been convicted for the

first time for an offence under this Act;

(ii) the fact that in any proceeding under this Act, other

than a prosecution, the accused has been ordered to pay a

penalty or the goods in relation to such proceedings have

been ordered to be confiscated or any other action has been

taken against him for the same act which constitutes the

offence;

(iii) the fact that the accused was not the principal

offender and was acting merely as a carrier of goods or other-

wise was a secondary party in the commission of the

offence;

(iv) the age of the accused..".

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

1723

19. After section 9 of the Central Excises and Salt Act, the following

sections shall be inserted, namely:—

'9A. Notwithstanding anything contained in the Code of Criminal

Procedure, 1898, ofEenocs under section 9 shall be deemed to be non-

cognisable within the meaning of that Code.

9B, (1) Where any person is convicted under this Act for con-

travention of any of the provisions thereof, it shall be competent for

the Court convicting the person to cause the name and place of

business or residence of such person, nature of the contravention,

the fact that the person has been so convicted and such other parti-

culars as the Court may consider to be appropriate in the circum-

stances of the case, to be published at the expense of such person, in

such newspapers or in such manner as the Court may direct

(2) No publication under sub-section (1) shall be made until the

period for preferring an appeal against the orders of the Court has

expired without any appeal having been preferred, or such an appeal,

having been preferred, has been disposed of.

(3) The expenses of any publication under sub-section (I) shall

be recoverable from the convicted person as if it were a fine imposed

by the Court.

9C. (1) In any prosecution for an offence under this Act which

requires a culpable mental state on the part of the accused, the Court

shall presume the existence of such mental state but it shall be a

defence for the accused to prove the fact that he had no such mental

state with respect to the act charged as an offence in that prosecu-

tion.

Explanation.—In this section, "culpable mental

state" includes

intention, motive, knowledge of a fact, and belief in, or reason to

believe, a fact.

(2) For the purposes of this section, a fact is said to be proved

only when the Court believes it to exist beyond reasonable doubt and

not merely when Its existence is established by a preponderance of

probability,

9D. (1) A statement made and signed by a person before any

Central Excise Officer of a gazetted rank during the course of any

inquiry or proceeding under this Act shall be relevant, for the purpose

of proving, in any prosecution for an offence under this Act, the truth

of the facts which it contains,—

(a) when the person who made the' statement is dead or

cannot be found, or is incapable of giving evidence, or is kept

out of the way by the adverse party, or whose presence cannot

be obtained without an amount of delay or expense which, under

the circumstances of the case", the Court considers unreasonable;

6 of 1898.

Insertion

Of new

sections

9A, 9B,

9C, 9D

and BE.

Certain

offences

to ba

non-cog-

nisable.

Power of

Court to

publish

name,

place of

business,

etc., of

persons

convict-

ed under

the Act.

Presum-

ption of

culpable

mental

state.

Relevancy

of state-

ments

under

certain

eircuu-

gtmncet.

I 7 2 4

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II—

(b) when the person who made the statement is examined

as a witness in the case before the Court and the Court is ol

opinion that, having regard to the circumstances of the case, the

statement should be admitted in evidence in the interests of

justice.

(2) The provisions of sub-section (1) shall, so far as may be, apply-

in relation to any proceeding under this Act, other than a proceed-

ing before a Court, as they apply in relation to a proceeding before

a Court.

9E. (2) Nothing contained in section 562 of the Code of Criminal

Procedure, 1898, or in the Probation of Offenders Act, 1958, shall

apply to a person convicted of an offence under this Act unless that

person is under eighteen years of age.

(2) The provisions of sub-section (1) shall have effect notwith-

standing anything contained in sub-section (3) of section 9.',

20. After section 34 of the Central Excises and Salt Act, the following

aaction shall be Inserted, namely:—

"34A. No confiscation made or penalty

imposed' under

the

provisions of this Act or of any rule made thereunder shall prevent

the infliction of any other punishment to which the person affected

thereby is liable under the provisions of this Act or under any other

law.".

21. In Chapter VI of the Central Excises and Salt Act, after section

36, the following section shall be inserted, namely: —

"3I6A. Where any document is produced by any person or has

been seized from the custody or control of any person, in either case,

under this Act or under any other law and such document is tendered

by the prosecution in evidence against him or against him and any

other person who is tried jointly with him, the Court shall,—

(a) unless the contrary is proved by such person, presume—

(i) the truth of the contents of such document;

(ii) that the signature and every other part of such docu-

ment which purports to be in the handwriting of any parti-

cular person or which the Court may reasonably assume to

have been signed by, or to be in the handwriting of, any

particular person, is in that person's handwriting, and in the

case of a document executed or attested, that it was executed

or attested by the person by whom it purports, to have been

so executed or attested;

Applica-

tion of

section

563 of

the Code

of Cri-

minal

Proce-

dure 1898,

andol

the Pro-

bation of

Offenders

Act, 1958.

Insertion

of new

section

84A.

Confisca-

tion or

penalty

not to

interfere

with

other

punish-

ments.

Insertion

of new

section

36A.

Presum-

ption as

to docu-

ments in

certain

rases.

5 of 1898.

20 Of 103B.

EC. 2]

THE! GAZETTE

OF INDIA EXTRAORDlNARY

1725

(b) admit the document in evidence, notwithstanding that it

is not duly stamped, if such document is otherwise admissible in

evidence.".

22. In section 37 of the Central Excises and Salt Act,—

(i) in sub-section (2), after clause (xx), the following clause shall

be inserted* namely:—

"(xxi) provide for the publication, subject to such conditions

as may be specified therein, of names and other particulars of

persons who have been found guilty of contravention of any of

the provisions of this Act or of any rule made thereunder.";

(ii) after sub-section (4), the following sub-section

shall be

inserted, namely:—

"(5) Notwithstanding anything contained in sub-section (3)

the Central Government may make rules to provide for the impo-

sition upon any person who acquires possession of, or is in any

way concerned in transporting, removing, depositing, keeping,

concealing, selling or purchasing, or in any other manner deals

with, any excisable goods which he knows or has reason to believe

are liable to confiscation under this Act or the rules made there-

under, a penalty not exceeding three times the value of such

goods or five thousand "rupees, whichever is greater.".

Amend-

ment of

section

37.

1726

THE GAZETTE OF INDIA EXTRAORDlNARY

IPART 11-

STATEMENT OF OBJECTS AND REASONS

The Law Commission in its Forty-seventh Report on the "Trial and

Punishment of Social and Economic Offences" had made certain recom-

mendations for amending certain statutes like the Customs Act, 1962,

the Gold (Control) Act, 1968, the Central Excises and Salt Act, 1944.

and the Foreign Exchange Regulation Act, 1947. The Study Team

"Leakage of Foreign Exchange through Invoice Manipulation" had also,

in its Report, made certain recommendations for amending some of the

aforesaid Acts. This

Bill

seeks to amend the Customs Act, 1962,

the Gold (Control) Act, 1968, and the Central Excises and Salt Act, 1944,

in the light of the aforesaid recommendations of the Law Commission

and the Study Team. The amendments to these Acts proposed in the

Bill mainly seek to make the punishments prescribed thereunder

severe and to make certain other provisions therein with regard to the

rules of evidence and procedure with a view to removing the loopholes

noticed in the working of these Acts and making their enforcement more

pffective,

2. The notes on clauses explain in detail the various provisions of the

Bill.

K. R. GANESH.

NEW DELHI;

The 1th December, 1972.

9BC. aj

THE GAZETTE OF INDIA EXTRAORDlNARY

i 7a 7

Notes on clauses

Claw* 2.—This clause seeks to amend section HI of the Customs Act,

1082, with a view to providing foi' the confiscation of goods in cases of

mis-declaration of value of imported goods irrespective of whether or not

such goods are dutia^i» or urohibited, in order to cover cases of over-

invoiced imports.

Clause 3.—This clause seeks to amend section 112 of,the Customs Act,

1962., no as to provide that in cases of over-invoiced imports, the penalty

imposable may also be relatable to the extent of mis-declaration of value.

Clause 4.—This clause seeks to substitute sub-section (1) of section

123 of the Customs Act, 1962, so as to provide that where any goods to

which that section applies are seized in the reasonable belief that they

are smuggled goods, the burden of proving that they are not smuggled

goods shall be not only on the person from whose possession the goods

are seized but also on the person, if any, who claims to be the owner

thereof.

Clause 5.—This clause seeks to amend section 135 of the Customs Act,

1962. The amendments provide for enhancing the term of imprisonment

prescribed in that section in relation to goods which are mentioned in

or are notified under section 123 and of which the value exceeds rupees

one lakh from five years to seven years and in other cases from two

years to three years. Provision has also been made for awarding a term

of imprisonment up to a maximum of seven years and a minimum of six

months for repeat offences, that is to say, where a person who has been

convicted under section 135 or section 136(1) is again convicted under

section 135. Provision has also been made therein spelling

out

the

factors which will not be considered as special and adequate reasons to

justify the awarding of a sentence of imprisonment for a term of less

than six months.

Clause 6.—This clause seeks to insert two new sections 135A and 135B

in the Customs Act, 1962. These new sections provide for prosecution

and punishment of persons who make preparation to export any goods

illegally and empowering the court to publish the names and other rele-

vant particulars of persons convicted by it under the Act

Clause 7.—This clause seeks to amend section 136 of the Customs Act,

1962, witH a view to enhancing the existing term of imprisonment from

two years to three years.

Clause 8.—This clause seeks to insert two new sections 138A and 138B

in the Customs Act, 1962, The new section 138A raises a presumption as

to the culpable mental state on the part of the accused wheir ho is prose-

cuted In a court of law. The new section 138B provides for the relevancy

under certain circumstances of the statements which are not made before

a court. This section also provides that such statements will be relevant

not only where a person is prosecuted in a court of law but also In de-

partmental adjudlaation proceedings.

[728

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Clause 9.—This clause seeks to substitute a new section for the exist-

ing section 139 of the Customs Act, 1962. According to the new section,

the court la empowered to raise a rebuttable presumption as to the ad'

rnissibility and proof of any document where such document is produced

or seized from any person under the Act or under any other law or has

been received from any place outside India during the investigation of

an offence under the Act.

Clause 10.—This clause seeks to insert a new section 140A in the Cus-

toms Act, 1962 and provides that the Probation of Offenders Act, 1958

and the provisions of section 562 of the Code of Criminal Procedure, 1898

shall not apply to persons convicted of an offence under the Act unless

that person is under 18 years of age.

Clause 11.—This clause seeks to amend section 156 of the Customs Act,

1962 with a view to empowering the Central Government to make rules

relating to the publication of names and other particulars of persons who

have been found guilty of contravention of any of the provisions of the

Act or the rules made thereunder.

Clause 12.—This clause seeks to amend section 67 of the Gold (Con-

trol) Act, 1968, which makes provision for presumption as to documents.

The amendment proposed under the clause is similar to that proposed in

clause 9 of the Bill with respect to section 139 of the Customs Act with

the modification that the documents received from abroad, which are not

relevant for purposes of gold control, have been excluded from the scope

of the provision.

Clause 13.—This clause seeks tx> amend section 85 of the Gold (Con-

trol) Act. The amendment seeks to enhance the maximum term of Im-

prisonment and also provides for punishment for repeat offences.

The

amendments proposed are on the lines of those proposed in section 135 of

the Customs Act, 1962 under clause 5 of the Bill.

Clause 14.—This clause seeks to insert a new section 96A in the Gold

(Control) Act, 1988. The new section provides that an offence

under

section 85 or section 87 or section 88 or section 89 or sub-section (2) of

section 95 shall be deemed to be non-cognizable.

Clause 15.—This clause seeks to insert four new sections 98A, 98B, 98C

and 98D in the Gold (Control) Act. The provision proposed in the new

section 98A is similar to that provided in the new section 135B of the Cus-

toms Act under clause 6 of the Bill. The new sections 98B and 98C are

on the lines of sections 138A and 138B proposed to be inserted In the

Customs Act under clause 8 of the Bill. The new section 98D is on the

lines' of section 140A proposed to be inserted in the Customs Act under

clause 10 of the Bill.

Clause 16.—This clause seeks to amend sub-section (4) of section 100

of the Gold (Control) Act, 1968, with a view to putting a limit to the

quantity of the gold that may be acquired by way of petty transactions

In the course of a day.

SEC. 2\

THE G47KTTE OF INDIA EXTRAORDINARY

1729

Clause 17. —This clause seeks to amend section 114 of the Gold (Con-

trol) Act, 1968, empowering the Central Government to make rules relat-

ing to the publication of names and other particulars of persona who have

been found guilty of contravention of any of the provisions of the Act or

the rules made thereunder. This clause is on the lines of the amend-

inent proposed to section 156 of the Customs Act in clause 11 of the Bill.

Clause 18.—This clause seeks to amend section 9 of the Central Excises

and Salt Act, 1941, with a view to providing for prosecution of a person

who removes any excisable goods in contravention of the provisions Of

the Act or in any way concerns himself with such removal or who ac-

quires possession of or is in any way concerned in transporting, selling,

purchasing, or otherwise deals with, any excisable goods which he knows

or has reason to believe are liable to confiscation under the Act or the

rules made thereunder. The amendment further makes provision

for

enhancing the term of imprisonment in respect of more serious and re-

peat offences and spells out the factors which will not be considered as

special and adequate reasons to justify the awarding of a sentence of

imprisonment for a term less than six months. The amendments regard-

ing the enhancement of term of imprisonment are on the lines of those

proposed to section 135 of the Customs Act, 1962 under clause 5 of the

Bill and section 85 of the Gold (Control) Act, 1968 under clause 13 of the

Bill.

Clause 19.—This clause seeks to insert five new sections 9A to 9E in

the Central Excises and Salt Act, 1944. The provisions proposed in these

new sections are on the lines of those proposed in the Gold (Control) Act,

1968 under clauses 14 and 15 of the Bill.

Clause 20.—This clause seeks to insert a new section 34A in the Cen-

tral Excises and Salt Act, 1944. Under the new section no conviction

made or penalty imposed under the Act shall prevent the infliction of

any other punishment to which the person convicted thereby is liable

under the provisions of the Act or under any other law.

Clause 21.—This clause seeks to insert a new section 36A in the Cen-

tral Excises and Salt Act, 1944. The new section is on the lines of sec-

tion 67 of the Gold (Control) Act, 1968, as proposed to be amended by

clause 12 of the Bill.

Clause 22.—This clause seeks to amend section 37 of the Central Ex-

cises and Salt Act, 1944, for two purposes, namely, to empower the Cen-

tral Government to make rules relating to the publication of names and

other particulars of persons who have been found guilty of contraven-

tion of any of the provisions of the Act or the rules made thereunder

and also to make rules to provide for the imposition upon any person who

acquires possession of, or is in any way concerned in transporting, re-

moving, depositing, keeping, concealing, selling or purchasing or in any

other manner deals with any excisable goods which he knows or

has

rcojiun to believe are liable to confiscation under the Act or the rules made

thereunder, a penalty not exceeding three times the value of such goods

or five thousand rupees, whichever is greater,

1 73°

T H E GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clauses 11, 17 and 22 (i) of the Bill seek to amend section 156 of the

Cuatoms Act, 1962, section 114 of the Gold (Control) Act, 1968 and sec-

tion 37 of the Central Excises and Salt Act, 1944, respectively. Under

the amendments proposed in these clauses the Central Government i*

being empowered to make rules regarding the publication of names and

other particulars of persons who have been found guilty of contravention

of any of the provisions of the Acts aforesaid or the rules made there-

under. The publication of names in pursuance of the rules to bf madV

under these clauses will be done by the Department concerned at its codl.

It is not possible to anticipate accurately the expenditure which WOUIL"

be involved in this regard. However, the expenditure 1s likely tc f>e oi

the order of two lakh rupees per annum.

There will be no non-recurring expenditure

SEC. 2}

ttifi CiAftiTTE OF INDIA EXTRAORDINARY

x7$l

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clauses 11, 17 and 22. of the Bill seek to amend section 156 of the Cus-

toms Act, J 962, section 114 of the Gold (Control) Act, 1968 and section 37

of the Central Excises and Salt Act, 1944, respectively. Under the amend-

ments proposed in clauses 11, 17 and 22 (i) the Central Government is

being empowered to make rules regarding the publication of names and

other particulars of persons who have been found guilty of contraven-

tion of any of the provisions of the Acts aforesaid or the rules made

thereunder. The matters with respect to which rules may be so made

are matters of procedure and detail.

Clause 22 (ii) of the Bill empowers the Central Government to make

rules under the Central Excises and Salt Act, 1944, to provide for the im-

position of penalty on any person who acquires possession of or is in any

way concerned in transporting, removing, depositing, keeping, conceal-

ing, selling or purchasing, or in any other manner deals with, any excis-

able goods knowing that they are liable to confiscation. This is also a

matter of procedure and detail relating to the penalty that may be im-

posed in relation to different excisable goods within the specified limits

The delegation of legislative power is, therefore, of a normal character.

i73z

THE GAZETTE OF INDIA EXTRAORDINARY

[PART lU-

BILL No. 122 OF 1972

A Bill to niter the name of the Union territory of the Laccadive, MinicoiJ

and Amindivi Islands.

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

of India as follows: —

1. (?) This Act may be called the Laccadive, Minicoy and Amindivi

Islands (Alteration of Name) Act, 1972.

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

may, by notification in. the Official Gazette, appoint.

2, In this Act, unless the context otherwise requires,—

(a) "appointed day" means the date appointed under sub-section

(2) of section 1 lor the coming into force of this Act;

(b) "law" includes any enactment, Ordinance, regulation, order,

bye-law, rule, scheme, notification or other instrument having the

force of law in the whole or any part of the Union territory o{ the

Laccadive, Minicoy and Amindivi Islands.

Short

title and

com-

mence-

ment.

Defini-

tions.

SEC. 2J

THE GAZETTE OF INDIA EXTRAORDINARY

1733

3. As from the appointed day, the Union territory of the Laccadive,

Minicoy and Amindivi Islands shall be known as the Union territory oJ

Lakshadweep.

4. In article 240 of the Constitution, in clause (1), for entry (b), the

following entry shall be substituted, namely: —

" (b) Lakshadweep;".

5. In the First Schedule to the Constitution, under the heading

"II. THE UNION TERRITORIES", in entry 3, for the words "The

Laccadive, Minicoy and Amindivi Islands.", the word "Lakshadweep."

shall be substituted.

6. (1) For the purpose of giving effect to the alteration of the name

of the Union territory of the Laccadive, Minicoy and Amindivi Islands

by section 3, the Central Government may, before the expiration of one

year from the appointed day, by order, make such adaptations and modi-

fications of any law made before the appointed day., whether by way of

repeal or amendment as may be necessary or expedient, and thereupon

every such law shall have effect subject to the adaptations and modifica-

tions so made.

(2) Nothing in sub-section (1) shall be deemed to prevent Parlia-

ment or other competent authority from repealing or amending any law

adapted or modified

by the Central Government under the said sub-

section.

7. Notwithstanding that no provision or insufficient provision has

been made under section 6 for the adaptation of a law made before the

appointed day, any court, tribunal or authority required or empowered

to enforce such law may construe the law in such manner, without affect-

ing the substance, as may be necessary or proper in regard to the matter

before the court, tribunal or authority.

8. Where immediately before the appointed day any legal proceed-

ings are pending to which the Administrator of the Union territory of

the Laccadive, Minicoy and Amindivi Islands is a party, or the Union

of India represented by the said Administrator is a party, then, for the

purposes of those proceedings, any reference to the Administrator of the

Union territory of the Laccadive, Minicoy and Amindivi Islands shall be

construed as a reference to the Administrator of the Union territory of

Lakshadweep.

Altera-

tion of

name

of the

Union

terri-

tory

of the

Lacca-

dive,

Minicoy

and

Amindivi

Islands.

Amend-

ment Oi

article

240 of

the

Consti-

tution.

Amend-

ment ff

First

Sche-

dule to

the

Consti-

tution.

Power

to ndapt

laws

Power

to con-

strue

laws.

Legal

proceed-

ings.

1734

T H E GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

At the time of States reorganisation in 1956, the Laccadive, Minicoy

and Amindivi group of islands were constituted into a Union territory

which was given the name "the Laccadive, Minicoy and , Amindivi

Islands". Since then there has been considerable improvement in the

inter-island communication facilities and a feeling of oneness is growing

among the inhabitants of these islands. In order to foster this feeling,

the Administrator's Advisory Council which consists of representatives

of the local people suggested that the islands may be collectively named

as "Lakshadweep", the name by which they were known in ancient times.

The suggestion was later endorsed by the Home Minister's Advisory

Committee for the Union territory. Accordingly, the Bill seeks to alter

the name of the Union territory of the Laccadive, Minicoy and Amindivi

Islands into "Lakshadweep". The Bill contains the necessary amend-

ments to the provisions of the Constitution and other consequential pro-

visions.

K. C. PANT.

NEW DELHI;

The Uh December, 1972.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 3 OF THE

CONSTITUTION OF INDIA

[Copy of letter No. 3[3|72-SR, dated the 11th December, 1972 from

Shri K. C. Pant, Minister of State in the Ministry of Home Affairs to the

Secretary, Lok Sabha.]

The President having been informed of the subject-matter of the Bill

to alter the name of the Union territory of Laccadive, Minicoy and

Amindivi Islands, recommends the introduction of the Bill in the Lok

Sabha under proviso to article 3 of the Constitution.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDlNARY

1735

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 6 of the Bill empowers the Central Government to adapt and

modify existing laws for the purpose of giving effect

to the alteration

of the name of the Union territory of the Laccadive, Minicoy and Amin-

divi Islands by clause 3. This power will be available only for a period

of one year from the appointed day. The adaptations and modifications

cannot affect the substance of the laws adapted.

2. The delegation of legislative power is of a normal character.

S. L. SHAKDHER,

Secretary.

PHINTED BY THE GENERAL MANAGER. GOVERNMENT OF INDIA PHBBS MINTO ROAD

N»W

PEI.R.

AND PUBLISHED

BY THE

MANAOE* OF PUBLICATIONS.' DBLH1,

1972