REGISTERED No. D- ( D ) -72 रजिस्ट्री सं ० डी-(डी) -72
भारत का राजपत्र
The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 2] नई दिल्ली, शुक्रवार , फरवरी 21, 1975/ फाल्गुन 2, 1896
No. 2] NEW DELHI, FRIDAY, FEBRUARY 21 , 1975 / PHALGUNA 2, 1896
=
इस भाग में भिन्न पृष्ठ संख्या दी जाती है 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 21st Feb- ruary, 1975: -
BILI NO . 5 OF 1975
A Bill to change the Faglish names of Irwin and Willingdon Hospitals , New Delhi .
BE it enacted by Parliament in the Twenty- sixth Year of the Republic of India as follows : -
1. (1 ) This Act may be called the Irwin and Willingdon Hospitals , Short New Delhi (Re - naming) Act, 1975 .
title and com-
(2) It shall come into force , as respects the Irwin Hospital, on the mence- 13th April , 1975 , the day on which the Jallianwallah Bagh massacre took ment . place and , as respects the Willingdon Hospital , on the 10th May , 1975, the day on which the first war of independence started .
pitals.
2. The Irwin Hospital and the Willingdon Hospital, New Delhi shall Renaming be re- named as the Sardar Bhagat Singh Hospital and the Rani Laxmi of Hos- Bai Hospital respectively .
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STATEMENT OF OBJECTS AND REASONS
Being the Capital of the Country , a very large number of our coun- trymen and people from other countries of the world come and visit New Delhi annually to find the two main Hospitals in the capital in the name of two British Viceroys and Governor Generals most brutal in their persuits-Lord Irwin in whose administration Sardar Bhagat Singh was hanged and cut to pieces disregarding the national sentiment to spare his life and Lord Willingdon who was specially chosen to crush the independence demand of the country. These British names are a national stigma and blot reminding even today the dark pages of history and colonial legacy.
Hence this Bill .
RAJDEO SINGH .
NEW DELHI;
The 2nd December , 1974 .
ICD 12653
131.76
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SEC . 2 ]
FINANCIAL MEMORANDUM
Clause 2 of the Bill provides for changing the names of the Irwin and Willingdon Hospitals , New Delhi . A very little non -recurring expenditure of about ten thousand rupees is likely to be involved for changing the sign boards , seals and stationery, etc. from the Consolidated Fund of India. No recurring expenditure is likely to be involved .
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BILL No. 4 OF 1975
A Bill to curb the use and import of foreign money for publication of publicity materials and for running of any educational , social and religious institution or organisation in the country .
BE it enacted by Parliament in the Twenty- sixth Year of the Republic of India as follows :
1. This Act may be called the curb on Foreign Money Act , 1975 .
Short title
2. In this Act ,-
Defini tions .
(a) " foreign money " means any fund or money received from a foreign source ( Government or any agency ) ;
(b) " institution or organisation " means an institution ororga- nisation with educational , social or religious nomenclature but in- dulging into nefarious and anti - national activities ;
(c) " jounalist" means an editor , sub - editor , editorial writer , reporter and any other person whose business it is to edit or write for newspapers ;
(d) "political party " means an organisation , recognised or un- recognised , including its secret wing , if any , with a political ideology , SEC. 2 ]
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an economic programme and a programme having in it also the con- test to State and Central Legislatures .
Explanation . For the purposes of clause ( a) , any fund or money received from outside the country (India) shall be presumed to be from a foreign source unless proved contrary .
3. No political party , printer , publisher , journalist and institution or Restric- organisation of any complexion shall accept and use any foreign money tion on for undermining the national solidarity and national integration in the use of country and enter into any adverse criticism of a friendly country. foreign money .
4. A political party, printer , publisher, journalist and institution or Report organisation on having received any foreign money for publishing or to dis- printing and circulating news items or for adopting particular lines or trict bias shall report in writing within 24 hours to the district magistrate magis- of the district where he (including the representative of the political receipt party) resides in connection with his profession . trate on of foreign
money.
5. Any of the persons or institutional or organisational head specified Penalty . in section 4 who violates any of the provisions of this Act shall be punish- able with fine which may extend to fifteen thousand rupees and with imprisonment which may extend to five years in case of an Indian national , and declaring of persona non grata in the case of a foreigner .
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[PART II-
1 2
STATEMENT OF OBJECTS AND REASONS
It has become imperative to curb the utilisation of foreign money for publicity material , printing of books , magazines , wecklies and daily newspapers for undermining the national solidarity and national inte- gration and to run any institution or organisation apparently with educa- tional , social or religious object but which indulges in subversive and anti -national activities . A curb should be put on political parties too if they accept foreign money from any Government or its any agency for adopting particular lines or bias .
Hence this Bill .
RAJDEO SINGH .
NEW DELHI;
The 2nd December , 1974 .
SEC. 2 ]
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I
BILL NO. 2 OF 1975
A Bill further to amend the Constitution of India .
BE it enacted by Parliament in the Twenty -sixth Year of the Republic of India as follows:-
1. This Act may be called the Constitution (Amendment) Act , 1975 . Short title.
2. In the Eighth Schedule to the Constitution , entries 7 to 15 shall be Amend- re-numbered as entries 8 to 16 respectively , and before entry 8 as so numbered, the entry "7 Konkani " shall be inserted .
re- ment of Eighth Schedule .
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STATEMENT OF OBJECTS AND REASONS
Konkani is the language of Goa just as Gujarati of Gujarat , Marathi ofMaharashtra or Bengali of West Bengal and has been recorded as such in the various Census Returns . It has an official Status in the Adminis- tration of Goa, Daman and Diu and it has been recognised also by the Government of Kerala . It is mainly in Konkani that programmes are broadcast from the Panjim Station of All India Radio and also they are broadcast from Bombay Station, Dharwar Station and some Stations in Kerala. It has rich literature and the younger generation is whole- heartedly devoted to writing and composing in it . Its universally recog- nised standard script is Devanagari , but there is literature also in Roman , Kannada and Malayalam scripts .
Konkani requires and deserves recognition by the Government of India for its further development .
It is , therefore , desirable that Konkani is included in the Eighth Schedule to the Constitution of India .
Hence this Bill .
PURUSHOTTAM KAKODKAR .
NEW DELHI ;
The 2nd December , 1974 .
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SEC. 2 ]
15
BILL NO . 1 OF 1975
A Bill to provide for the better regulation and encouragement of public dramatic performances in the Union territory of Delhi .
BE it enacted by Parliament in the Twenty- sixth Year of the Republic of India as follows : -
1. ( 1 ) This Act may be called the Delhi Dramatic Performances Act , 1975.
Short title and extent .
(2) It extends to the whole of the Union territory of Delhi .
2. In this Act, unless the context otherwise requires ,-
Defini- tions.
(a) " objectionable performance" means any play, pantomime or other drama , or any portions or passages , actions or gestures in a play, pantomime or other drama which is deliberately intended to outrage the religious feelings of any class of the citizens of India by insulting or blaspheming or profaning the religion or the religious THE GAZETTE OF INDIA EXTRAORDINARY
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[PART II-
beliefs of that class or is grossly indecent , or is scurrilous or obscene or intended for blacmail , or which is liely to-
(i) incite any person to resort to violence or sabotage for the purpose of overthrowing or undermining the Government established by law in India or in any State thereof or its autho- rity in any area ; or
(ii) incite any person to commit murder, sabotage or any offence involving violence ; or
(iii ) seduce any member of any of the armed forces of the Union or of the police forces from his allegiance or his duty, or prejudice the recruiting of persons to serve in any such force or prejudice the discipline of any such force ; or
(iv) incite any section of the citizens of India to acts of violence against any other section of the citizens of India .
Explanation I. A performance shall not be deemed to be objec- tionable merely because in the course thereof words are uttered , or signs or visible representations are made, expressing disapprobation or criticism of any law or of any policy of administrative action of the Government with a view to obtain its alteration or redress by lawful means .
Explanation II . In judging whether any performance is an ob- jectionable performance, the play , pantomime or other drama shall be considered as a whole , and any portions or passages , actions or gestures should not be torn out of context and considered to the detriment of the integrity of the play, pantomime or other drama.
(b) "public place " means any building or enclosure , or any place in the open air or any pandal where the sides are not enclosed to which the public are admitted to witness a performance .
Issueof notice perfor- objection- able mances .
3. Whenever the District Magistrate is satisfied that any play, pan- tomime or other drama , or any portions or passages , actions or gestures in a play pantomime or other drama perfomed or about to be performed in public place is an objectionable performance, he may issue a notice to the person or persons concerned asking them to show cause why such play , pantomime or other drama, or such por- tions or passages , actions or gestures should not be ordered to be pro- hibited or cut out from the performance , as the case may be , within a period of seven days from the service of the notice .
4. (1) After the receipt of the reply to the notice issued under section 3, the Magistrate shall proceed to hold a public hearing and after allow- ing the persons concerned to make an oral representation pass an order withdrawing the show cause notice or he may, by order stating the grounds on which he considers the performance objectionable , prohibit the performance for a period of one month .
Powerto prohibit objection- able per- formance after pub- lichearing
(2) If no reply to the show cause notice is received within seven days , the Magistrate may, by order stating the grounds on which he considers the performance objectionable , prohibit the performance for a period of one month .
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Src . 2 ]
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(3 ) The prohibition under sub - sections (1 ) and ( 2) shall cease to operate at the expiration of the period of one month unless , on an appli- cation by the Magistrate concerned , the District Court , after hearing the parties concerned, agrees to extend the prohibition for a further period to be specified by the said Court.
(4) Every order made under this section shall be published in the Official Gazette and may also be notified by proclamation and a written or printed notice thereof may be affixed at any place or places adapted for giving information of the order to the persons intending to take part in the performance so prohibited .
order. Penalty for dis- obeying 5. Whoever , after the issue of order under section 4, takes part in the performance prohibited thereby, or in any performance substantially the same as the performance so prohibited, or in any manner assists in con- ducting the performance so prohibited , shall be punishable , on convic- tion before a Magistrate empowered in this behalf, with a fine not exceeding rupees five hundred or with simple imprisonment upto one month in lieu thereof .
Court. Appeal to High 6. Any person aggrieved by an order under section 4 may , within sixty days of the publication of such order under sub - section (4) there- of, prefer an appeal to the High Court , and upon such appeal , the High Court may pass such orders as it deems fit confirming , varying or revers- ing the order appealed from and may pass such consequential or inciden- tal orders as may be necessary .
(2 ) Every such appeal shall be heard by a Bench of not less than two Judges.
7. Pre -censorship of play , pantomime or other drama shall be pro- hibited .
Prohibi- tion of precensor ship.
8. Any violation of the prohibitory order issued under section 4 shall Offence be a non - cognizable and a bailable offence.
to be non - cog- nizable.
9. Notwithstanding anything contained in any other Act for the time being in force, there shall not be imposed any entertainment tax or levy on the performance of any play , pantomime or other drama.
Entertain- ment tax not to be imposed.
Institution of cash award .
10. It shall be the duty of the Central Government to institute annual cash awards to be shared by the writers and the artistes for the best three performances of new plays , pantomimes or other dramas in the previous calendar year .
Explanation . The words " other dramas " used in this section shall include tamashas , navtankis and other folk forms with dramatic content .
ofexami- Setting up ning com- mittee.
11. The Central Government shall set up examining committees for the purpose of declaring the awards , and shall frame rules for the pur- pose in such a manner that nepotism , influence -pedalling and corruption shall as far as may be eliminated .
Power to make rule. 12. ( 1 ) The Central Government may, by notification in the Gazette , make rules to carry out the purposes of this Act .
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[PART 11
(2) Every rule made under this Act 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 thereafter have effect only in such modified form or be of no effect , as the case may be; so , however , that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule .
Repeal of Madras.
13. The Madras Dramatic Performances Act , 1954 , as extended to the Union territory of Delhi , is hereby repealed .
Act XXXIII of 1954.
SIC. 21
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STATEMENT OF OBJECTS AND REASONS
The Madras Dramatic Performances Act , 1954, as extended to the Union Territory of Delhi , has been modelled to a large extent on the lines of the Dramatic Performances Act , 1876 which is a piece of obsolete legislation of British imperialist days .
The vicious principle of pre - censorship , prohibiting of performance of plays and folk forms " likely to excite feelings of disaffection to the Government" are antithetical to democracy and are calculated to sup- port the Ruling Party .
In first decade of the twentieth century , the British Government ban- ned K. P. Khadilkar's play 'Keechak vadh ' because the imperialists saw in Keechak a parody of the Viceroy , Curzon , and in Bheema an image of radical nationalist , Tilak .
In free India also the Delhi Administration and other administrations often seeks to prevent performances of plays which hold the present leaders to ridicule .
A fresh enactment is , therefore , required for the Union territory of Delhi .
This Bill abolishes pre - censorship, provides for humane and enlighten- ed regulation of performances , and provides for awards to writers and artistes with a view to encouraging this ancient artistic form which combines both entertainment and enlightenment .
It also abolishes entertainment tax on public performances of plays .
The Bill seeks to incorporate reforms which were advocated by great literary figures like Bernard Shaw.
MADHU LIMAYE .
NEW DELHI ;
The 12th November , 1974.
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA
[Copy of letter No. 16 ( 41 ) / 74 - CA . II / 3 , dated the 21st December , 1974 from Prof. S. Nurul Hasan, Minister of Education, Social Welfare and Culture to the Secretary -General , Lok Sabha ] .
The President having been informed of the subject matter of the Delhi Dramatic Performances Bill , 1974 recommends introduction of the Bill in the Lok Sabha under Article 117 ( 1) of the Constitution .
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FINANCIAL MEMORANDUM
Clause 4 of the Bill provides for hearings before the court. This will involve minor additional expenditure on Magistrates , courts , etc. Clause 10 provides for institution of annual cash awards by the Central Gov- ernment. A recurring expenditure of a few thousand rupees is likely to be involved from the Consolidated Fund of India on these accounts .
No non - recurring expenditure is likely to be involved.
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FFC . 2 ]
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MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 12 of the Bill empowers the Central Government to frame rules to carry out the purposes of this Act. As the rules will relate to matters of detail such as manner of working of examining committees , the delegation of legislative powers is of a normal character .
S. L. SHAKDHER ,
Secretary - General ,
PRINTED BY THE MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI, 1975