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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 3] NEW DELHI, FRIDAY, FEBRUARY 28, 1975/PHALGUNA 9,1896

Separate paging is given to this Part in order that it may be filed as a separate compilation

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 28th

February, 1975:—

I

BILL NO, II OF 1975

A Bill further to amend the Constitution of India

BE it enacted by Parliament in the Twenty-sixth, Year of the Repub-

lic of India as follows: —

1. (1) This Act may be called the Constitution (Amendment) Act,

1975.

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

Short title and com- mence- ment.

may, by notification in the Official Gazette, appoint.

2. In the Seventh Schedule to the Constitution, entry 11 of the State List shall be omitted and after entry 25 of the Concurrent List, the following entry shall be inserted, namely: —

Amend- ment of the Seventh Schedule,

"25-A. Education including universities, subject to the provi-

sions of entries 63, 64, 65 and 66 of List I."

( 2 3)

STATEMENT OF OBJECTS AND REASONS

The workshop on "Higher Education¹' sponsored by thtj. University Grants C3tomn4a"ion. and recently held at Chandigarh) nwdte a valuable suggestion tBtit "Education" should be inrfudeA in the CStoicurrent List as its inck^sipia; ii* tile State,List ha" nt"t conflerred any.ftenefits to the nation. University EflMcation is a subject wWfch "ar*B*'be dealt with by the States alone and the Union Government has also to play an effective role in bringing about co-ordination in the working of the various Universities and also in implementing the objects for which the University Grants Commission was set up.

Hence this Bill.

OM PRAKASH TYAGI.

n

BILL NO. Ill OF 1975

A Bill further to amend the Industrial Disputes Act, 1947.

BE it enacted by Parliament in the Twenty-sixth year of the Republic

of India as follows:—

1. This Act may be called the Industrial Disputes (Amendment) Act, Short title. 1975,

14 of 1947.

2. In section 25B of the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), for paragraph (i) of sub-clause (0) of clause (2), the following shall be substituted, namely: —

Amend- ment of Section 25B.

"(i) one hundred and ninety days in the case of a workman employed below ground in a mine or in any underground construc- tion work; and".

Amend-

3. In section 25F of the principal Act,—

ment of section 2BF

(1) for the words "No workman employed in any industry who has been in continuousi service for not less than one year under an employer shall be retrenched by that employer until" the words "No workman employed in an industry which is of a seasonal character or in an underground construction work, who has been in continuous service for not less than one hundred and twenty days and in other cases for not less than one year, under an employer shall be retrenched by that employer until" shall be substituted; and

(2) for clause (fa), the following clause shall be substituted, namely: —

(b) the workmen—

(i) employed in an industry which is of a seasonal character or in an underground construction work, has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days average pay for every completed one hundred and twenty days of continuous service or any part thereof in excess of sixty days;

(ii) employed in any other industry have been paid at the time of retrenchment, compensation which shall be equivalent to fifteen days average pay for every completed year of continuous service or any part thereof in excess of six months; and

4. Paragraph (b) of the proviso to sub-section (1), of section 25FPA of the principal Act shall be omitted.

Amend-

ment of

section

2"FFA.

5. Sub-section (2) of section 25FFF of the principal Act shall be omitted.

Amend- ment of section 25FFF.

STATEMENT OF OBJECTS AND REASONS

In section 25B (2) (o)(i) of the Industrial Disputes Act, 1947 special provision is made for workmen employed below ground In a mine for the purpose of eligibility of retrenchment compensation under the Act. The word, "mine ," however, has a statutory meaning and does not In- clude underground construction work, though the same involves equal or similar physical hazards. Further, by the very nature of things, there are some types of construction work which''are of seasonal nature and as such continue for a short period. For such seasonal construction and other workers 120 days work should qualify to get proportionate retrench- ment compensation under the Act, as otherwise they will be denied the same for no fault of theirs. Hence section 25F of the Act has been amended) accordingly.

In a developing economy, like ours construction work is the index of development and in our country all such developmental works of cons- truction are undertaken by the Central or State Governments. In doing so, they engage invariably construction firms of repute and minor works are done departmentally, Like all business, these construction companies having for their business of construction of buildings, bridges, roads, canals, dams and the like, complete one and take up another in the mean- time and as such stand on the same footing with any other business. At any event, the workmen, engaged in all such building activity, work at great personal risk and have a demand to social justice and protection of law, atleast to the same extent as other workmen engaged in other in- dustries have. But paragraph (b) of the proviso to section 25FFA(I) and section 25 FFF(2) of the Industrial Disputes Act denies the same right and privilege to these construction workers. To remove this anomaly and discrimination the said provisions need to be deleted.

Hence the Bill

D. L. SENGUPTA.

HI

BILL NO. L OF 1974

A Bill farther to amend the Constitution of India

Ss H "n"cted i>y Parliament in the Twenty-fifth Year of the Republic of India a8 follows:

1. (1) This Act may be called the Constitution (Amendment) Act, 1974.

(2) It shall come into force on such date as the Central Government Short title and com- mence- ment.

may, by notification in the Official Gazette, appoint.

2. In the Seventh Schedule to the Constitution, entries 19 and 20 of the State List shall be omitted and after entry 17 of the Concurrent List, the following entries shall be inserted, namely: —

Amend-

ment

of

Seventh

Schedule.

"17A. Forests.

17B. Protection of wild animals and birds,",

STATEMENT OF OBJECTS AND REASONS

It has been noticed that States have failed to protect forests and wild life. As a matter of fact, Wild Life Protection Act, 1972, is not being properly implemented by the States. This is also borne out by the recommendations made by the National Wild Life Board. The desired result can be achieved if Parliament is empowered to legislate on matters concerning the Protection of Forests and Wild Life.

This bill seeks to transfer the subjects of Forests and Protection of Wild Animals and Birds from the State List to the Concurrent List in the Seventh Schedule of the Constitution in order to achieve the above object,

OM PRAKASH TYAGI.

IV

BILL N O. I OP 1975 BILL NO. I OP 1975

A Bill to amend the Dowry Prohibition Act, 1961

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

1. This Act may be called the Dowry Prohibition (Amendment) Act, 1975.

short Tit!*.

2. For section 2 of the Dowry Prohibition Act, 1961 (hereinafter re- M Qf 186l ferred to as the principal act), the following section shall be substituted, namely:—

Substi- tution of new sec- tion for section 2.

"2. In this Act, "dowry" means any property or valuable secu- rity given or agreed to be given either directly or indirectly—

(a) by one party to a marriage to the other party to the marriage; or

(b) by the parents or guardian of either party to a marriage or by any other person, to either party to the marriage or to any other person;

at or before or after the marriage or at any ceremony connected there- with, as consideration for the marriage of the said parties, but does not

include any sum, property or valuable security agreed to be given fa the event of divorce--*** <^w^s^on of marriage by one party to the other party.

Explanation I. t'moval of doubts, it is hereby declared that any presents made --ho time of a marriage or other ceremonies con- nected therewith to'either party to the marriage in the form of cash, ornaments, clothes or other articles not exceeding rupees one thousand in value, and any property or valuable security not exceeding rupees two thousand in value—the rupee value being related¹ to the price in- dex with 1960 as the base year—given or agreed to be given by the said parties, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.

Explanation II: The expression 'valuable security' has the same mean ing as in section 30 of the Indian Penal Code."

3. For section 4 of the principal Act, the following section shall be 4* of 1860

substituted, namely: —

Substi- tution of new section for sec- tion 4.

"4- If any person, after the commencement of this Act, demands directly or indirectly any dowry from the parents or guardian o± either party to a marriage or from any other person, he shall be punishable with imprisonment for a term which shall not be less than three months but may extend to three years or with fine which shall not be less than two thousand rupees, but may extenti to ten thousand rupees:

Provided thaU no court shall take cognizance of any offence under this section except with the previous sanction of the Pan- chayat concerned or of such officer as the State Government may, by general or special order, specify in this behalf."

4. In section 7 of the principal Act, for clause (b) the following clause shall be substituted, namely: —

Amend- ment of section 7.

"(b) no court shall take cognizance of any such offence except on a complaint made within three years from the date of the offence."

STATEMENT OF OBJECTS AND REASONS

The Dowry Prohibition Act was passed by Parliament in 19G1 but the Act, it is seen from experience, has remained entirely ineffective:. The evil of dowry is still rampant and almost goes unchecked. As a matter of fact, large amount of black money finds its way into dowry. It has become necessary to prohibit dowry effectively not only for its social implications but also for its economic ramifications-

It is, therefore, considered desirable that provisions of the Act are made more specific and clear and the 'gifts' that are permissible under the Dowry Prohibition Act are given a precise definition and limita- tions with a view to check anything and everything passing under the name of 'gifts¹ without attracting the provisions of the Dowry Prohibi- tion Act, At the same time the amount of gift permissible under the law should be realistic enough to make it effectively enforceable. Since the value and purchasing power of the rupee is likely to vary from time to time, the limit placed by the law ought to relate to a definite price index.

The aggrieved party does not normally know how he should pro- ceed and the principal Act leaves much to be done by way of sub- ordinate legislation in diffeient States for providing the mechanism for enforcement of this Act. A clear specification in the Act itself about the authority with whom the complaints can be lodged can solve the common-man's difficulties and this would be expedient if authority is available at the village level, For this purpose provision has been made for the previous section of the village Panchayat wherever there is one before a court could take cognizance of any offence under section 4.

Hence this Bill.

SMT. SUSHILA ADIVAREKAR.

PKENT1D BY THE MANAGER. GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 74