REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 10]
NEW DELHI, FRIDAY, JANUARY 16, 1976/PAUSA 26,1897
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 16th
January, 1976: —
I
BILL- No. IV OF 1976
A Bill further to amend the Industrial Employment (Standing Orders)
Act, 1946.
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 Industrial Employment (Standing
Orders) Amendment Act, 1976.
(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 sub-section (1) of Section 6 of the Industrial Employment
(Standing Orders) Act, 1946, for the words "from the date1 on which
copies are sent", the words "from the date of receipt of copies sent" shall
be substituted.
Amend-
ment of
Section 6.
20 of 1948,
(363)
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STATEMENT OF OEJECTS AND REASONS
Under section 6 of the Industrial Employment (Standing Orders)
Act, 1946, an aggrieved person can prefer an appeal to the appellate
authority within thirty days from the date of notice as to certification of
a standing order. As per long standing practice, such notices are ordi-
narily sent to parties by post. On account of postal delays such notices
at times reach the parties concerned after the expiry of the thirty days
period. As a consequence, an aggrieved person is1 deprived of the oppor-
tunity of preferring an appeal against the order of certification of the
standing 'order for no fault of his own. Since the right of appeal is a
statutory right, it should be ensured that an aggrieved person gets a clear
thirty days' notice for preferring an appeal. The Bill seeks to achieve
this object by providing for a suitable provision in the Industrial Em-
ployment (Standing Orders) Act, 1946.
D. L. SEN GUPTA.
SEC. 2]
TtiU GAZETTE OP INDIA EXTRAORDINARY
365
II
BILL NO. II OF 1976
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 followis: ™
1. (1) This Act may be called the Constitution (Amendment) Act, 1976.
(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-
mencu-
ment.
2. Article 292 of the Constitution shall be re-numbered as clause (1)
thereof, and after clause (1) as so re-numbered the following clause shall
be inserted, namely: —
"(2) A Bill fixing limits referred to in clause (1) shall be passed
in each House of Parliament by a majority of not less than two-thirds
of the members present and voting.".
Amend-
ment of
article
292.
3. In article 293 of the Constitution, after clause (1), the following
clause shall be inserted, namely: —
"(1A) A Bill fixing limits referred toi in clause (1) passed by the
Legislative Assembly of a State or, in the case of a State having a
Legislative Council, by both Houses of thc< Legislature of the State
by a majority of not less than two-thirds of the members present and
voting.".
Amend-
ment of
article
293.
366
THE GAZETTE OF INDIA EXTRAORDINARY
LPAUT it—
STATEMENT OF OBJECTS AND REASONS
Democracy essentially means a rule by the will of the people, Elected
representatives of the people are called upon to run the Government and
it is, therefore, necessary that there should be a check on reckless ex-
penditure on the part of the Government of the day. Funds for incurving
expenditure are mainly raised by the Government in two ways. One is
by taxation which is levied, on year to year basis with the approval of
the Parliament or e State Legislature and of which the Public is always
aware. The second method resorted isi to raise funds by loans which ac-
tion nedd not necessarily come before Parliament or a State Legislature.
The re-payment of loans is a charged expenditure on the Consolidated
Fund of the Union or the State, as the case may be. An urgency has
arisen to put a check on the Union and the1 State Governments to raise
loans, which are a charged expenditure. This can only be done by
tightening the borrowing persons of the Government of the day. This
can effectively be' done by bringing the particulars of the loans which are
sought to be raised to the notice of the elected representatives of the
people who should pass a law fixing such limits by a majority of not less
than two thirds of the members present and voting in each House of
Parliament or State Legislature, as the case may be.
Hence the Bill.
OMPRAKASH TYAGI
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
$ty
III
BILL NO. Ill OF 1976
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. (1) This Act may be called the Industrial Disputes (Amendment)
Act, 1976.
(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. After section 21 of the Industrial Disputes Act, 1947, the following
section shall be inserted namely: —
"21A. Nothing in this Act shall be deemed to limit or otherwise
affect the inherent power of the Board, Court, Tribunal or National
Tribunal to make such orders as may be necessary for the ends of
justice or to preve'nt abuse of the process of such Board, Court,
Labour Court, Tribunal or National Tribunal.".
Saying
of in-
herent
powers of
Boards
etc.
14 of 1947.
368
THE GAZfiTTE 6V INDIA EXTRAORDINARY
[PART H—
STATEMENT OF OBJECTS AND REASONS
Under Section 151 of the Code of
Civil Procedure1, 1908, the Civil
Courts have been vested with certain inherent powers.
In exercise1 of
the said! powers, the Civil Courts are always in a position to rectify any
mistake or error apparent on the face of the record or to pass any order
for dispensation of proper justice. But there exists no such provision in
the Industrial Disputes Act, 1947, with the result that even in cases of
gross error, mistake or1 the like, the Labour Courts, Industrial Tribunals
and National Tribunals are not in a position to do anything.
These
courts also are not in a position to passi any appropriate order even in
cases where the ends of justice demand the same. In the* circumstances,
the parties are obliged, to move High Courts under Article 226 or Article
227 or ;jeek special leave to appeal under Article 136 of the Constitution
for redress in such cases which means unnecessary expense and delay.
This Bill seeks to achieve the objective by making suitable provision in
the Industrial Disputes Act.
D. L. SEN GUPTA.
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
369
IV
BILL NO. X 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. (1) This Act may be called the Constitution (Amendment) Act,
1976.
(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. After article 84 of the Constitution, thd following new article be
inserted, namely: —
Insertion
of New
Article
84A.
"84A. Every person chosen to fill a seat in Parliament shall sub-
mit, within sixty days of hia election or nomination as the case may
be, to the President a declaration of property owned by him.".
Member
to declare
property
owned
by him.
3. After sub-clause (e) of clause (i)1 of article 102 of the Constitution,
the following sub-clause shall be inserted, namely: —
"(/) if he fails to submit without justifiable cause a declaration
of property as required under article 84A".
Amend,
ment of
Article
102.
370
THE GAZETTE OF INDIA EXrRAORWNARY
[PART II—
4. After article 173 of the Constitution, the following new article be
inserted, namely: —
Insertion
of new
Article
X73A.
"173A. Every person chosen to fill a seat in the Legislature of a
State shall submit within sixty days of his election or nomination
as the case may be, to the Governor a declaration of property
owned by him.".
Members
to declare
the
property
owned
by him.
5. After sub-clause (e), of clause (I) of article 191 of the Constitution,
the following shall be inserted, namely: —
"(f) if he fails to submit without justifiable cause a declaration
of property as required under article 173A,",
Amend,
ment of
article.
191.
She, 2]
THE GAZETTE OF INDIA EXTRAORDINARY
371
STATEMENT OF OBJECTS AND REASONS
Ours is a parliamentary democracy and the members of Parliament
and State Legislatures are the duly elected representatives of the people.
hi order to keep the confidence of the public ini its representatives, it is
necessary that effective measures are taken to ensure a high standard of
rectitude in public service. The need of the hour is to adopt effective
measures to eradicate corruption and thus ensure a high standard of
political integrity. This can only be done if the elected representatives
of the people are called upon to submit a declaration of their property
soon after their election. To achieve this object amendments
to
the
Constitution are necessary.
Hence thel Bill.
OM PRAKASH TYAGI
372
THE GAZETTE OF INDIA EXTRAORL>li\ \KY
[PART II—
V
BILL NO. I OF 1976
A Bill further to amend the Representation, of the People Act, 1951.
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 Representation of the People
(Amendment) Act, 1976.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
Short
title and
commen-
cement.
2. Section 11 of the Representation of the People Act, 1951, shall be
omitted.
Omission
of Section
II,
43 of 1991.
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
373
STATEMENT OF OBJECTS AND REASONS
The Election Commission has been vested with powers to remove
the disqualification, of six years imposed on a person found guilty of a
corrupt practice for being chosen as, and for being a member of either
House of Parliament or of the Legislative Assembly or Legislative Coun-
cil of a State. It implies that eve1n in cases where the election of a
member of Parliament or of a State Legislature is set aside by a High
Court or the Supreme Court with the additional impediment of dis-
qualification of a person from seeking election for six years, the Election
Commission can interfere in the matter and remove the said disqualifica-
tion. In other words even after the verdict of a High Court or of the
highest Court of the land, the* Election Commission can interfere in a
matter which has been decided judicially. It tantamounts to the Election
Commission sitting in judgement, over the decisions of superior courts.
The existence of such a provision is highly undemocratic and incong-
ruous. This Bill therefore seeks to remove the impropriety by deleting
section 11 of the Representation of the People Act, 1951 which gives such
-a power to the Election Commission.
D. L. SEN GUPTA.
B. N. BANERJEE,
Secretary-General.
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD,
NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1976
