रजिस्ट्री स ० डी० 221
REGISTERED No. D. 221
भारत का राजपत्र
The Gazette of India
असाधारण
EXTRAORDINARY
भाग -ख ०ड 2
255
PART II -Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, मंगलवार, मार्च 20 , 1973/फाल्गुन 29,1894
सं० 13]
No. 13]
NEW DELHI , TUESDAY, MARCH 20 , 1973 / PHALGUNA 29 , 1894
इस भाग में भिन्न पृष्ठ संख्या दी जाती हैं जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation .
LOK SABНА
The following Bills were introduced in Lok Sabha on the 20tlı March , 1973 : -
BILL NO . 13 OF 1973
A Bill further to amend certain taxation laws in the Union territo- ries .
BE it enacted by Parliament in the Twenty- fourth Year of the Republic of India as follows:-
1. (1 ) This Act may be called the Union Territories Taxation Laws (Amendment) Act , 1973 .
Short title and com- mence- ment .
(2) It shall come into force on the 1st day of April , 1973.
2. As from the commencement of this Act , the Union Territories Taxa- tion Laws (Amendment ) Act , 1971, in so far as it applies to the Union territories of Delhi, the Andaman and Nicobar Islands , the Laccadive , Minicoy and Amindivi Islands , Dadra and Nagar Haveli , Goa , Daman and Diu , Pondicherry and Chandigarh , and the provisions inserted by the said Act in the taxation laws as in force in the said Union territories and specified in the Schedule to that Act , shall stand repealed :
Provided that the repeal shall not-
Repeal of Act 73 of 1971 and made thereby in respect ofcertain Union of amend- ments territories .
(a) affect the previous operation of the provisions so repealed or anything duly done or suffered thereunder ; or
(b) affect any right , privilege, obligation or liability acquired , accrued or incurred under the provisions so repealed ; or
(155) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 156
(c) affect any penalty , forfeiture or punishment incurred in respect of any offence committed in relation to the provisions so repealed; or
(d) affect any investigation, legal proceeding or remedy in res- pect of any such right , privilege , obligation, liability , penalty , for- feiture or punishment as aforesaid ,
and any such investigation , legal proceeding or remedy mayay be insti- tuted , continued or enforced , and any such penalty, forfeiture or punish- ment may be imposed as if those provisions had not been repealed .
Refunds .
3. ( 1 ) The Administrator of each of the Union territories referred to in section 2 shall , by order published in the Official Gazette , make provisions for the refund, in such manner as may be provided in the order, of-
(a) the value of any unspoiled stamps issued in pursuance of any of the provisions repealed by section 2 ; or
(b) any additional duty or tax or surcharge collected in pur- suance of any of the said provisions in so far as it relates to any period after the commencement of this Act.
(2) The provisions of any order made under sub - section (1 ) shall have effect notwithstanding anything inconsistent therewith contained in any relevant taxation law referred to in section 2.
SEC. 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
157
STATEMENT OF OBJECTS AND REASONS
Certain taxation laws in force in the Union territories of Delhi , the Andaman and Nicobar Islands , the Laccadive , Minicoy and Amindivi Islands , Dadra and Nagar Haveli , Goa , Daman and Diu , Pondicherry and Chandigarh were amended by the Union Territories Taxation Laws (Amendment) Act, 1971 to provide for the levy of additional duty or surcharges , in order to raise resources to meet expenditure incurred on the relief of Bangladesh refugees . It is no longer necessary to continue the additional duty or the surcharges . This Bill , therefore , provides for the withdrawal of these levies with effect from 1st April , 1973 by repeal- ing the aforesaid Act in so far as it applies to the said Union territories and the provisions inserted by that Act in the taxation laws in force in those Union territories .
K. C. PANT.
NEW DELHI;
The 12th March , 1973.
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. F. 12/1 /73 - UTL, dated the 13th March , 1973 , 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 further to amend certain taxation laws in the Union territories , recommends the introduction of the Bill in the Lok Sabha and its consi- deration by that House under clauses ( 1) and (3) of article 117 of the Constitution .
THE GAZETTE OF INDIA EXTRAORDINARY [PART 11- 158
FINANCIAL MEMORANDUM
Sub - clause ( 1) of clause 3 of the Bill seeks to provide for refund of the value of unspoiled " Refugee Relief" stamps issued in pursuance of any provisions repealed by section 2 and also for the refund of any ad- ditional duty or tax or surcharge collected in pursuance of any of the said provisions for or in relation to any period after the 1st day of April , 1973. In the case of Union territories of Goa, Daman and Diu and Pondi- cherry, which have Consolidated Funds , the amounts for making such refunds will be drawn from their Consolidated Funds . In the case of other Union territories such amounts will have to be drawn from the Consolidated Fund of India .
2. It is not possible to estimate at this stage the amounts which will have to be refunded under the above-mentioned provisions of the Bill for that will depend upon the number of unspoiled stamps which may be surrendered for obtaining the refund and the amounts collected be- fore the repeal of the provisions mentioned above by way of additional duty or tax or surcharge for the period beyond the date of such repeal .
3. The expenditure on account of clause 3 of the Bill from the Consoli- dated Fund of India and the Consolidated Funds of Union territories will be of a non - recurring nature and will be really of a notional nature because it will involve only refund of amounts collected by way of addi- tional duty or tax or surcharge and creditedto these Funds . No expen- diture of a recurring nature is involved.
SEC. 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
159
MEMORANDUM REGARDING DELEGATED LEGISLATION
Sub-clause ( 1 ) of clause 3 of the Bill seeks to empower the Admini- strator of each of the Union territories referred to in clause 2 to make provisions , by order , for the refund , in such manner as may be provided in the order , of the value of unspoiled stamps issued in pursuance of any of the provisions which are sought to be repealed by clause 2 or any additional duty or tax or surcharge collected in pursuance of any of the said provision for or in relation to any period after the 1st day of April, 1973 .
2. The matters in respect of which provisions may be made by order under sub - clause ( 1) of clause 3 are matters of procedure and admini- strative detail . The delegation of legislative powers involved is , there- fore, of a normal character .
160
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
BILL NO . 11 OF 1973
A Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 1972-73 .
BE it enacted by Parliament in the Twenty- fourth Year of the Repub- lic of India as follows : --
1. This Act may be called the Appropriation Act, 1973 .
Short title.
2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Sche- dule amounting in the aggregate to the sum of one thousand three hundred and two crores , ninety -three lakhs and sixty - one thousand rupees towards defraying the several charges which will come in course of payment during the financial year 1972-73 , in respect of the services specified in column 2 of the Schedule .
Issue of Rs . 13,02,93 , 61,000 out of the Con- solidated fundof India for the year 1972-73 .
Appro- priation.
3. The sums authorised to be paid and applied from and out of the Con- solidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2 ]
161
THE SCHEDULE
(See sections 2 and 3)
2
3
Services and purposes
Sums not exceeding
No. of Vote
Voted by
Parliament
Total
Charged on the Consolidated Fund
Rs.
Rs .
Rs .
I Ministry ofDefence .
5,49,000
5,49,000
2
Defence Services , Effective-Army 1,53,65,00,000
1,53,65,00,000
4,11,50,000
Defence Services , Effective-Navy
4,11,50,000 3
4
27,71,20,000
Defence Services , Effective-Air Force
27,71,20,000
Defence Services , Non -Effective
5
Education
7
5,26,50,000
5,26,50,000
10
Other Revenue Expenditure of the Ministry of External Affairs
II
47,78,000
Ministry of Finance
47,78,000
1,30,00,000
14 Taxes on Income including Corporation Tax, etc.
1,30,00,000
18 Mint
13,38,000
13,38,000
20
1,42,00,000
1,42,00,000 Opium Factories and Alkaloid Works
22 Grants - in- aid to State and Union Terri- tory Governments
1,05,00,00,000
1,05,00,00,000
Interest on Debt and Other Obligations
38,63,03,000
38,63,03,000
Poyments of States' Share of Union Ex- cise Duties
28,63,64,000
28,63,64,000
27 Payments to the Indian Council of Agri- cultural Research
1,000
1,000
16,21,00,000
16,21,00,000 29 Department of Food
93,78,000
93,78,000
31 Department of Co - operation
6,83,13,000
6,83,13,000 33 Foreign Trade
30,76,000
30,76,000 Export-Oriented Industries
34
88,000
37
88,000 Ministry ofHome Affairs
Cabinet
14,21,000
14,21,000 38
10,23,28,000
10,23,28,000 40 Police
1,000
19,15,000
Census
19,16,000 41
4,94,86,000
5,00,86,000 45 Delhi
4,19,000
1,82,89,000
1,87,08,000 Chandigarh
46 THE GAZETTE OF INDIA EXTRAORDINARY
162
[PART II-
2
I
3
Sums not exceeding
Services and purposes
No. of Vote
Total
Votedby
Parliament
Charged on the Consolidated Fund
Rs.
Rs .
Rs .
Andaman and Nicobar Islands
1,47,55,000
47
1,47,55,000
2,15,87,000
2,15,87,000 48 Arunachal Pradesh
4,17,000 54 Village and Small Industries
4,17,000
Information and Publicity .
56,00,000
56,00,000 57
21,000
21,000 63 Department of Rehabilitation
1,000
1,000 64 Ministry of Law and Justice
66 Ministry of Petroleum and Chemicals
2,53,92,000
2,53,92,000
6000
Roads
2,39,44,000
2,39,50,000 70
Ports
73
2,81,00,000
2,81,00,000
7,35,73,000
7,35,73,000
75 Department of Steel
8,57,41,000
8,57,41,000 76 Department of Mines
80 Aviation
45,000
45,000
1,000 Ministry of Works and Housing
1,000
82
14,38,20,000
14,40,20,000 83 Public Works
1,36,000
1,36,000 84 Stationery and Printing
86 Atomic Energy Research and Nuclear Power Schemes
2,000
2,000
89 Posts and Telegraphs Working Expenses 2,86,87,000
2,86,87,000
Posts and Telegraphs Dividend to General Revenues , Appropriations to Reserve Funds and Repayment ofLoans from General Revenues
12,08,67,000
12,08,67,000
90,000
90,000 95 Department of Parliamentary Affairs
1,000
1,000 96 Department of Science and Technology
2,97,00,000
2,97,00,000
99 Department of Supply
Union Public Service Commission
5,92,00,000
104 Defence Capital Outlay
5,92,00,000
105 Other Capital Outlay of the Ministry of Defence
15,30,000
15,30,000
1,40,000
108 Capital Outlay on Currency and Coin- age
1,40,000
Commuted Value of Pensions
2:59,000
2,59,000
113 Loans and Advances by the Central Go- vernment
5,90,88,00,000 6,06,43,07,000
15,55,07,000
67,55,17,000
2,77,000
114 Purchase ofFoodgrains and Fertilizers
67,57 94,000
115
1,000
Other Capital Outlay of the Ministry of Agriculture
1,30
11,000
116 Capital Outlay of the Ministry of Foreign Trade
11,000 SEC. 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
163
I
2
3
Sums not exceeding
Services and purposes
No. of Vote
Total
Votedby 'Parliament
Charged on the Consplidated Fund
Rs .
Rs.
Rs .
41,45,000
1,41,45,000 118 Capital Outlay in Union Territories
120
1,000
1,000 Capital Outlay of the Ministry of Industrial Development
124 Capital Outlay of the Ministry of Labour and Rehabilitation
5,000
5,000
125 Capital Outlay of the Ministry of Petroleum and Chemicals
21,99,89,000
[21,99,89,000
Capital Outlay on Roads
7,48,90,000
7,48,90,000
126
129 Other Capital Outlay of the Ministry of Steel and Mines
36,97,01,000
36,97,01,000
Capital Outlay on Public Works
132
45,79,000
2,64,000
133 Delhi Capital Outlay
48,34,000
1,000
1,000
136 Capital Outlay on Posts and Telegraphs (Not met from Revenue)
TOTAL
16,59,47,57,000 13,02,93,61,000
6,43,46,04,000 THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 164
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of article 114 (1) of the Con- stitution of India, read with article 115 thereof, to provide for the ap- propriation out of the Consolidated Fund of India of the moneys re- quired to meet the Supplementary expenditure charged on the Con- solidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government, excluding Railways , for the financial year 1972-73 .
K. R. GANESH .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter. No. F 5 ( 1 )-B/ 73 , dated the 5th March , 1973 from Shri K. R. Ganesh , Minister of State in the Ministry of Finance to the Sec- retary, Lok Sabha . ]
The President having been informed of the subject matter of the proposed Bill to authorise payment and appropriation of certain fur- the sums from and out of the Consolidated Fund of India for the ser- vices of the year ending on the 31st day of March , 1973 , recommends the introduction of the Appropriation Bill , 1973 , in the Lok Sabha and also recommends to the Sabha the consideration of the Bill under article 117 ( 1 ) and ( 3) of the Constitution read with article 115 there- of.
2. The Bill will be introduced in the Lok Sabha after all the Sup- plementary Demands for Grants for 1972-73 have been voted.
SEC. 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
165
BILL NO . 9 OF 1973
A Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the ser- vices of the financial year 1972-73 for the purposes of railways .
BE it enacted by Parliament in the Twenty- fourth Year of the Republic of India as follows : -
1. This Act may be called the Appropriation (Railways ) Act , 1973 . Short title.
2. From and out of the Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum of one hundred and seventeen crores , sixty -nine lakhs and forty- four thousand rupees to- wards defraying the several charges which will come in course of pay- ment during the financial year 1972-73 , in respect of the services relating to railways specified in column 2 of the Schedule .
Issue of Rs. 117, 69,44,000 out of the Consoli- dated Fund of India for the finan- cial year 1972-73 .
Appro- priation.
3. The sums authorised to be paid and applied from and out of the Consolidated Fund of India by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the saić year .
166
[PART II- THE GAZETTE OF INDIA EXTRAORDINARY
THE SCHEDULE
(See sections 2 and 3)
I
2
3
Sums not exceeding
No. of Vote
Services and purposes
Total
Voted by Parliament
Charged on the Conso- lidated Fund
Rs .
Rs .
Rs .
3,61,000
3,61,000 I Railway Board
1,81,74,000
1,18,000
1,80,56,000
4 Working Expenses-Administration
5 Working Expenses- Repairs and Maintenance .
18,27,53,000
4-32,000
18,23,21,000
2,23,000 1,23,68,000
1,21,45,000
6 Working Expenses Operating Staff
3,000 4,35,30,000 7 Working Expenses Operation (Fuel) 4,35,27,000
8 Working Expenses Operation other than Staff and Fuel
5,86,23,000
5,70,65,000 15,58,000
9 Working Expenses Miscellaneous Ex- penses
2,35,47,000
2,38,73,000
3,26,000
10
1,000 74,77,000
74,76,000
Working Expenses-Staff Welfare
12 Dividend to General Revenues .
3,48,76,000
3,48,76,000
14
29,45,000 29,45,000 Construction of New Lines-Capital and Depreciation Reserve Fund
15 Open Line Works-Capital , Depre- ciation Reserve Fund and Develop- ment Fund
77,95,08,000
77,65,01,000 30,07,000
16 Pensionary Charges-Pension Fund
92,76,000
92,76,000
31,80,000
31,80,000
17 Repayment of Loans from General Revenues and Interest thereon-De- velopment Fund
TOTAL
116,83,31,000 86,13,000 117,69,44,000 SEC. 21
THE GAZETTE OF INDIA EXTRAORDINARY 167
STATEMENT OF OBJECTS AND REASONS
re This Bill is introduced in pursuanceuance of article 114 ( 1) of the Con- stitution of India , read with article 115 thereof , to provide for the ap- propriation out of the Consolidated Fund of India of the moneys quired to meet the supplementary expenditure charged on the Con- solidated Fund of India and the grants made by the Lok Sabha for ex- penditure of the Central Government on Railways for the finan- cial year 1972-73 .
L. N. MISHRA .
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE
CONSTITUTION OF INDIA
[ Copy of letter No. 72- B- 4017, dated the 2nd March , 1973 from Shri Lalit Narayan Mishra , Minister of Railways to the Secretary, Lok Sabha. ]
The President having been informed of the subject- matter of the proposed Appropriation Bill providing for the appropriation out of the Consolidated Fund of India of the moneys required to meet the expen- diture charged on the Fund and the Supplementary Grants made by the Lok Sabha , for 1972-73 , recommends , under clauses (1) and (3 ) of article 117 of the Constitution of India read with clause ( 2) of article 115 thereof , the introduction in and consideration by the Lok Sabha of the Appropriation Bill .
S. L. SHAKDHER ,
Secretary.
PRINTED BY THE MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1973,