रजिस्ट्री सं ० डी-(डी) -72
REGISTERED No. D- (D( -גל
भारत काराजपत्र The Gazette of Judia
प्राधारण
EXTRAORDINARY
भाग II-खण्ड 2
PART II-Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 33] नई दिल्ली , बुधवार, जुलाई 23 , 1975/श्रवण1, 1897
No. 33 ] NEW DELHI , WEDNESDAY, JULY 23 , 1975/ SRAVANA 1 , 1897
इस भाग में भिन्न पृष्ठ संख्या वो आती 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 23rd July , 1975
BILL NO . 52 OF 1975
A Bill jurther to amend the Maintenance of Internal Security Act , 1971 .
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 Maintenance of Internal Security (Amendment) Act, 1975.
Short title and com- mence- ment .
(2) Section 7 shall be deemed to have come into force on the 25th day of June , 1975 and the remaining provisions of this Act shall be deemed to have come into force on the 29th day of June , 1975 .
26 of 1971 .
Amend- ment of sec- tion 4.
Bof1899, 2 of 1974.
2. In section 4 of the Maintenance of Internal Security Act, 1971 (here- inafter referred to as the principal Act) , for the words and figures " Code of Criminal Procedure , 1898 " , the words and figures " Code of Criminal Procedure , 1973 " shall be substituted .
3. In section 7 of the principal Act ,-
Amend- ment of section 7.
(a) in clause (a) of sub - section ( 1) , for the words and figures "Presidency Magistrate or a Magistrate of the first class having juris- diction in the place where the said person ordinarily resides ; and thereupon the provisions of sections 87, 88 and 89 of the Code of Cri- minal Procedure , 1898 " , the words , figures and brackets "Metropoli-
5 of 1898.
(431) THE GAZETTE OF INDIA EXTRAORDINARY
[PART 1
432
2 of 1974 .
tan Magistrate or a Judicial Magistrate of the first class having juris- diction in the place where the said person ordinarily resides ; and thereupon the provisions of sections 82 to 86 ( both inclusive) of the Code of Criminal Procedure , 1973 " shall be substituted;
(b) in sub- section ( 2 ) , for the words and figures "Code of Criminal Procedure , 1898 " , the words and figures " Code of Crimi- nal Procedure , 1973 " shall be substituted .
5 of 1898 . 2 of 1974 .
4. In section 14 of the principal Act, for sub- section (2 ) , the following sub - section shall be substituted , namely : -
Amend- ment of section 14 .
" (2) The revocation of a detention order shall not bar the making of another detention order under section 3 against the same person . " .
5. In section 15 of the principal Act,---
Amend- ment of section 15 .
(a) after sub-section ( 3 ) , the following sub - section shall be in- serted, namely: -
2 of 1974 .
" (3A ) If the appropriate Government has reason to believe that any person who has railed to surrender himself in the manner specified in sub- section ( 3 ) has absconded or is concealing him- self , that Government may make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordi- narily resides and thereupon the provisions of sections 82 to 86 (both inclusive) of the Code of Criminal Procedure , 1973 , shall apply in relation to such person as they apply in relation to a person who has absconded or is concealing himself so that warrant issued by the Magistrate cannot be executed . " ; a
(b ) after sub - section ( 5 ) , the following sub -section shall be in- serted , namely: -
" (6) Notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this Act is in force shall be released whether on bail or bail bond or otherwise ." .
6. After section 16 of the principal Act , the following section shall be inserted, namely:-
Insertion of new section 16A .
Special provisions for deal- ing with emer- gency.
' 16A. (1 ) Notwithstanding anything contained in this Act or any rules of natural justice , the provisions of this section shall have effect during the period of operation of the Proclamation of Emergency issued under clause ( 1 ) of article 352 of the Constitution on the 3rd day of December , 1971 , or the Proclamation of Emergency issued un- der that clause on the 25th day of June , 1975 , or a period of twelve months from the 25th day of June , 1975 , whichever period is the shortest.
(2) The case of every person ( including a foreigner) against whom an order of detention was made under this Act on or after the 25th day of June, 1975 , but before the commencement of this section , shall , unless such person is sooner released from detention , be SFC . 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
433
reviewed within fifteen days from such commencement by the appropriate Government for the purpose of determining whether the detention of such person under this Act is necessary for dealing effectively with the emergency in respect of which the Proclama- tions referred to in sub -section ( 1) have been issued ( hereafter in this section referred to as the emergency) and if, on such review , the appropriate Government is satisfied that it is necessary to detain such person for effectively dealing with the emergency , that Gov- ernment may make a declaration to that effect and communicate a copy of the declaration to the person concerned.
(3) When making an order of detention under this Act against any person ( including a foreigner) after the commencement of this section , the Central Government or the State Government or , as the case may be , the officer making the order of detention shall consider whether the detention of such person under this Act is necessary for dealing effectively with the emergency and if, on such consideration , the Central Government or the State Government or, as the case may be, the officer is satisfied that it is necessary to detain such person for effectively dealing with the emergency, that Government or officer may make a declaration to that effect and communicate a copy of the declaration to the person concerned:
Provided that where such declaration is made by an officer , it shall be reviewed by the State Government to which such officer is subordinate within fifteen days from the date of making of the decla- ration and such declaration shall cease to have effect unless it is con- firmed by the State Government , after such review , within the said period of fifteen days .
(4) The question whether detention of any person in respect of whom a declaration has been made under sub -section (2 ) or sub- section ( 3 ) continues to be necessary for effectively dealing with the emergency shall be reconsidered by the appropriate Government within four months from the date of such declaration and thereafter at intervals not exceeding four months and if , on such reconsidera- tion , it appears to the appropriate Government that the detention of the person is no longer necessary for effectively dealing with the emergency, that Government may revoke the declaration .
(5) In making any review, consideration or reconsideration under sub - sections ( 2 ) , ( 3 ) or (4 ) , the appropriate Government or officer may , if such Government or officer considers it to be against public interest to do otherwise , act on the basis of the information and materials in its or his possession without disclosing the facts or giving an opportunity of making a representation to the person con- cerned.
(6) In the case of every person detained under a detention order to which the provisions of sub- section ( 2 ) apply, being a person the review of whose case is pending under that sub -section or in respect of whom a declaration has been made under that sub- section ,-
(i) sections 8 to 12 shall not apply ; and
(ii ) section 13 shall apply subject to the modification that the words and figures " which has been confirmed under section 12" shall be omitted, [PART 11- THE GAZETTE OF INDIA EXTRAORDINARY
434
(7) In the case of every person detained under a detention order to which the provisions of sub - section (3 ) apply , being a person in respect of whom a declaration has been made under that sub - section ,-
(i) section 3 shall apply subject to the modification that for sub - sections (3) and (4) thereof, the following sub section shall be substituted , namely :-
" ( 3 ) When any order of detention is made by a State Government or by an officer subordinate to it , the State Gov- ernment shall , within twenty days , forward to the Central Government a report in respect of the order." ;
(ii) sections 8 to 12 shall not apply ; and
( iii ) section 13 shall apply subject to the modification that the words and figures " which has been confirmed under section 12" shall be omitted .' .
Insertion of new section 18.
7. Section 18 of the principal Act shall be re- numbered as section 19 thereof and before that section as so re - numbered, the following section shall be inserted , namely: -
"18. No person ( including a foreigner) detained under this Act shall have any right to personal liberty by virtue of natural law or common law, if any ." .
Exclu. sion of common law or natural law rights, if any.
4 of1975 .
7 of 1975 .
Repeal and saving.
8. (1) The Maintenance of Internal Security (Amendment) Ordinance , 1975 and the Maintenance of Internal Security ( Second Amendment) Ordinance , 1975 , are hereby repealed .
(2) Notwithstanding such repeal , anything done or any action taken under the principal Act as amended by the said Ordinances shall be deemed to have been done or taken under the principal Act as amended by this Act.
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2 ]
435
STATEMENT OF OBJECTS AND REASONS
Consequent on the Proclamation of Emergency made by the President on the 25th June , 1975, it became necessary for the Government to arm itself with powers to take certain preventive measures in the interest of the security of the country which was threatened by internal disturbance . It was felt that in respect of persons detained under the Maintenance of Internal Security Act , 1971 , for dealing effectively with the emergency , it would be sufficient to provide that their cases should be reviewed at specified intervals . It was also considered necessary to make it permissible to revoke a defective order of detention and issue a fresh order and also to provide that the detenus should not be released on bail.
As a view has been expressed that right to personal liberty exists in natural law or common law, apart from that right being embodied in article 21 of the Constitution, it is considered safer to insert a provision taking away such natural law or common law rights , if any .
The President accordingly promulgated two Ordinances on 29th June, 1975 and 15th July, 1975 to amend the Act. The Bill seeks to replace the two Ordinances aforesaid.
NEW DELHI;
K. BRAHMANANDA REDDI .
The 18th July , 1975 .
[PART 11-
THE GAZETTE OF INDIA EXTRAORDINARY
436
BILL NO . 51 OF 1975
A Bill to authorise Payment and appropriation of certain sums from and out of the Consolidated Fund of the Union territory of Pondicherry for the services of the financial year 1975-76.
BE it enacted by Parliament in the Twenty - sixth Year of the Republic of India as follows : -
Short title.
1. This Act may be called the Pondicherry Appropriation ( No. 2 ) Act, 1975.
10 of 1975 .
2. From and out of the Consolidated Fund of the Union territory of Pondicherry there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate [ in- clusive of the sums specified in column 3 of the Schedule to the Pondicherry Appropriation (Vote on Account) Act , 1975 ] to the sum of nineteen crores , eighty lakhs and thirty -seven thousand rupees towards defraying the several charges which will come in course of payment dur- ing the financial year 1975-76 in respect of the services specified in column 2 of the Schedule .
Issue of Rs . 19,80, 37,000 out of the Consoli- dated Fundof the Union territory of Pondi- cherry for the financial year, 1975-76 .
Appro- priation.
3. The sums authorised to be paid and applied from and out of the Consolidated Fund of the Union territory of Pondicherry by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year , SEC . 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
437
THE SCHEDULE
(See sections 2 and 3)
I
2
No. of Vote
Services and purposes
Revenue
I Legislative Assembly
2 Administrator
Revenue
Revenue Council of Ministers
3
4
Revenue Administratior of Justice
Elections
Revenue 5
6 Revenue
Revenue
Revenue
7 Sales Tax
Reverue 8 Taxes on Vehicles
Secretariat
Revenue
9
District Administration Revenue Capital
II
Treasury and Accourts Administration
Revenue
Police
Revenue 12
Revenue 13 Jails
14
Stationery and Printing Revenue
15 Miscellaneous Adminis- trative General Ser-
vices
Revenue
Revenue 16 Retirement Benefits
Public Works
17
Revenue
Capital
18 Education
Revenue Capital
Medical
Revenue
19
20 Information and Publi- city
Revenue
21
Labour and Employment Revenue
22 Social Welfare
Revenue Capital
23
Co- operation
Revenue Capital
24 Miscellaneous General Economic Services Revenue
3
Sums not exceeding
Total Voted by Parliament
Charged on the Consolida- ted Fund
Rs .
Rs .
Rs .
4,94,000
5,34,000
40,000
4,06,000 10,000
3,96,000
5,58,000
5,58,000
14,59,000 14,59,000
4,42,000 4,42,000
48,04,000
48,04,000
7,65,000 7,65,000
1,62,000
1,62,000
20,96,000
20,96,000
43,68,000 43,68,000
10,30,000
10,30,000
14,07,000 14,07,000
79,00,000
79,00,000
4,03,000
4,03,000
12,51,000
12,51,000
8,76,000
8,76,000
22,18,000
22,18,000
2,10,45,000
2,10,55,000
10,000
1,36,50,000
1,36,50,000
3,31,71,000
3,31,71,000
32,000
32,000
1,70,73,000
1,70,73,000
8,61,000
8,61,000
12,53,000
12,53,000
54,62,000 54,62,000
30,000 30,000
18,00,000
12,77,000
12,77,000
7,98,000 7,98,000 438
THE GAZETTE OF INDIA EXTRAORDINARY
[PART 11-
2
3
Sums not exceeding
No , of Vote
Services and purposes
Votedby Parliament
Charged on the Consoli dated Fund
Total
Rs.
R9 .
Rs .
Agriculture
25
88,81,000
88,81,000
Revenue Capital
5,84,000
5,84,000
in 26 Animal Husbandry .
17,25,000
17,25,000
Revenue Capital
Fisheries
27
45,01,000
45,01,000
Revenue Capital
51,000
51,000
28 Community Develop- ment
36,53,000
36,53,000
84,000
Revenue Capital
84,000
Industries
29
9,06,000
9,06,000
Revenue Capital
12,51,000
12,51,000
Food and Nutrition
30
Revenue
2,95,000
2,95,000
31 Electricity
2,03,58,000
2,03,58,000
Revenue Capital
91,59,000
91,59,000
32 Ports and Pilotage
4,53,000
4,53,000
Revenue Capital
2,93,000
2,93,000
33 Public Debt .
75,47,000
75,47,000
::
Revenue Capital
80,89,000
80,89,000
34 Loans to Government Servants
Capital
28,66,000
28,66,000
TOTAL
18,19,55,000 1,60,82,000 19,80,37,000 SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
439
STATEMENT OF OBJECTS AND REASONS
This Bill is introduced in pursuance of section 29( 1) of the Govern- ment of Union Territories Act , 1963 and the order of the President issued on 28th March , 1974 under section 51 of that Act to provide for the appro- priation out of the Consolidated Fund of the Union territory of Pondı- cherry of the moneys required to meet expenditure charged on the Con- solidated Fund and the grants made by the Lok Sabha for the expendi- ture of the Union territory of Pondicherry for the financial year 1975-76 .
PRANAB MUKHERJEE
S. L. SHAKDHER , Secretary- General .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1975