REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 52] NEW DELHI, MONDAY, AUGUST 27,1973/BHADRA 5,1895
Separate paging is given to this Part in order that it may be filed as a, separate compilation
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 27th
August 1973:—
Bill No. XXVII of 1973
A Bill further to amend the Industries (Development and Regulation)
Act, 1951.
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 Industries (Development and Regulation) Amendment Act, 1973.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Short title and com- mence- ment.
2. In section 10 of the Industries (Development and Regulation) Act, 65 of 1951 1951 (hereinafter referred to as the principal Act),—
Amend- ment of section 10.
(i) in sub-section (3), for the words "containing such parti- culars as may be prescribed", the following shall be substituted, namely: —
"containing the productive capacity of the industrial under - -' nd such other particulars as may be prescribed";
sub--section (3), the following sub-sections shall be
owner of every industrial undertaking to whom a c e r t a i nI registration has been issued under this section before commencement of the Industries (Development and Regu] Amendment Act, 1973, shall, if the undertaking falls withii. .. , class of undertakings as the Central Government
( r-9 )
79O THE GAZETTE OF INDJA EXTRAORDINARY [PjUir II—may, by notification in the Official Gazette, specify in this be- half, produce, within such period as may be specified in such notification, the certificate of registration for entering therein the productive capacity of the industrial undertaking and other prescribed particulars.
(5) In specifying the productive capacity in any certificate of registration issued under sub-section (3), the Central Gov- ernment shall take into consideration the productive or installed capacity of the industrial undertaking as specified in the appli- cation for registration made under sub-section (I), tbe level of production immediately before the date on which the applica- tion for registration was made under sub-section (1), the level of average annual production during the three years imme- diately preceding the commencement of the Industries (Deve- lopment and Regulation) Amendment Act, 1973, the extent to which production during the said period was utilised ior export and such other factors as the Central Government may consider i'UIil relevant.
Amend- ment of section 24.
3. In sub-section (1) of section 24 of the principal Act, in clause (i), after the word, brackets and figure "sub-section (1)", where they occur for the first time, the words, brackets and figure "or sub-section (4)" shall be inserted.
4. In the First Schedule to the principal Act, under the heading ;'38. MISCELLANEOUS INDUSTRIES: ", the item "Cigarettes," shall be numbered as item (1), and after the item as so numbered, the following item shall be inserted, namely: —
Amend' merit of the First Schedule.
" (2) Linoleum, whether felt based or jute based."
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 791STATEMENT OF OBJECTS AND REASONS
At the time of enacting the Industries (Development and Regulu' tion) Act, 1951, it was provided in the Act that the owner of every indus- trial undertaking which existed at the commencement of the Act shall get the undertaking registered with the Central Government. Such un- dertakings seeking registration were required to furnish, information re- garding monthly installed capacity, the number of shifts, number of working days in a month, past production during the last three years, etc. The form of registration certificate issued to the undertaking, which was prescribed under the rules, did not, however, contain any column for specifying the productive capacity. Accordingly, in many cases, the productive capacity of the undertaking was not specified in the registration certificates.
2. It has come to the notice of the Government that certain registered undertakings have increased their production to a much higher level than what was reported by them at the time of registration. Such in* creases are likely to be deterimental to the interests of the small and me- dium units as also likely to lead to other adverse results. If such a state of affairs is allowed to continue, the production level of such under- takings will remain indeterminate and cannot be pegged to a specified level as distinguished from the undertaings licensed after the commen- cement of the Act, for which the specific productive capacities are men- tioned in the licence.
3. The Bill, therefore, proposes to empower the Government to call for the registration certificates from any class of undertakings for enter- ing therein the productive capacity of the industrial undertaking and other prescribed particulars. The Bill seeks to provide that for the pur- pose of specifying the productive capacity, the Central Government shall take into consideration the productive or installed capacity of the indus- trial undertakings as specified in the application for registration, the level of production immediately before the date on which application for registration was made, the level of average annual production during the three years immediately preceding the commencement of the proposed Amending Act, the level of export and such other factors as the Central Government may consider relevant.
4. It has also been provided in the Bill that failure to produce the re- gistration certificate by any undertaking after the issue of notification in this regard by the Central Government, shall be punishable under the provisions of the Act.
5. "Linoleum, whether felt based or jute based" is an important indus- try and the item is required both by Government Departments and the public. As such, a scheme of regulation for this industry is necessary on the same basis as other industries covered by the First Schedule to the Act. To enable the Government to do so the Bill provides for the inclu- pion of the said item in the First Schedule to the Act.
NEW DELHI; C. SUBRAMANIAM
The l&th August, 1973.
7QZ THE GAZETTE OF INDIA EXTRAORDINARY [Pm? II—Sic. %]MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 2 of the Bill seeks to amend sub-section (3) of section 10 of the principal Act to include in the certificate of registration to be issued under the sub-section, the productive capacity of the industrial under- taking and such other particulars as may be prescribed by rules to be made under the Act. The particulars, other than productive capacity, which may be included in the certificate of registration are matters of detail and it is- hardly possible to specify them in the Bill, The delega- tion of legislative power is, therefore, ox a normal character.
B. N. BANERJEE,