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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 133] NEW DELHI, THURSDAY, MARCH 18, 1976/PHALGUNA 28, 1897

Separate paging is given to this Part in order that it may be filed

as a Separate compilation

CABINET SECRETARIAT

(Department of Cabinet Affairs)

NOTIFICATION

New Delhi, the 15th March 1976

S.O. 203(E).—In exercise of the powers conferred by clause (3) of article 77 of the Constitution, the President hereby makes the following rules further to amend the Government of India (Allocation of Business) Rules, 1961. namely:—

1. (1) These rules may be called the Government of India (Allocation of Busi- ness) (One hundred and fourteenth Amendment) Rules, 1976.

(2) They shall come into force at once.

2. In the Government of India (Allocation of Business) Rules, 1961. (herein- after referred to as the said rules) in the First Schedule,—

(i) for entry 6, the following entry shall be substituted, namely:-

"6. Ministry of Finance (Vitta Mantralaya):

(1) Department of Economic Affairs (Arthik Karya Vibhag).

(ii) Department of Expenditure (Vyaya Vibhag).";

(ii) after entry 8, the following entry shall be inserted, namely:—

"6A. Department of Revenue and Banking (Rajaswa aur Banking Vibhag).";

( 6 0 3)

3. In the Second Schedule to the said rules,—

(a) under the heading "MINISTRY OF EDUCATION AND SOCIAL WEL- FARE (SHIKSHA AUR SAMAJ KALYAN MANTRALAYA)", under the sub-heading "B. DEPARTMENT OF SOCIAL WELFARE (SAMAJ KALYAN VIBHAG)",

(i) for entry 1, the following entry shall be substituted, namely:—

"1. Social Security and Social Insurance, save' to the extent allotted to any other Department.";

(ii) for entry 23, the following entry shall be substituted, namely:—

"23. National Institute of Social Defence.";

(iii) for entry 24, the following entry shall be substituted, namely:—

"24. Coordination of activities of CARE.";

(b) under the heading "MINISTRY OF FINANCE (VITTA MANTRA- LAYA)",—

(I) the sub-heading "A. DEPARTMENT OF BANKING (BANKING VI- BHAG)" and the entries thereunder, shall be omitted;

(ii) for the sub-heading "B. DEPARTMENT OF ECONOMIC AFFAIRS (ARTHIK KARYA VIBHAG)", the following shall be substituted, namely:—

"A. DEPARTMENT OF ECONOMIC AFFAIRS (ARTHIK KARYA VIBHAG)";

(iii) under the sub-heading "A. DEPARTMENT OF ECONOMIC AFFAIRS (AETHIK KARYA VIBHAG)";

(a) in item I, after entry 5 the following etry shall be inserted, namely:—

"5A, Approvals for commercial borrowing abroad.";

(b) in item II, after entry 8, the following entries shall be Inserted, namely:—

"8A. All matters relating to the India Consortium.

8B. All matters relating to grant of loans and credits to other count- ries except Nepal, Bhutan and Bangladesh.

8C. Policy issues relating to the United Nations Fund for Population Activities (UNFPA) and contributions to the specialised Agen- cies of the United Nations and other UN Bodies.

8D. All matters relating to the Foreign Volunteers Programme in India including the United Nations Volunteers (except outgoing Volunteers under UNV).

8E. Technical Assistance received by India or given to foreign govern- ments, Internal Institutions and Organisations, except such as are relatable to subjects allocated to any other Department.";

Cc) in item III,

(i) for entry 11, the following entry shall be substituted, namely:—

"11. Investment Policy including Investment Policy of LIC, UTI and GIC";

(II) after entry 11, the following entry shall be inserted, namely:—

"11 A. Investment pattern for Employees' Provident Fund and other like Provident Funds.";

(d) in item IV,

(i) for entry 12, the following entry shall tee substituted, namely:—

"12. Advice on matters which have a bearing on internal and exter- nal aspects of Economic Management including prices.";

(ii) after entry 12, the following entry shall be inserted, namely:—

"12A. Credit, fiscal and monetary policies.";

(i) for entries 14 and 22, the following entries shall respectively be substituted, namely:i—

¹¹14. Preparation of Central Budget other than Railway Budget includ- ing supplementary excess grants and when a proclamation by the President as to failure of Constitutional machinery is in operation in relation to a State or a Union Territory, prepa- ration of the budget of such State or Union Territory.

22. Contingency Fund of India and Administration of Contingency Fund of India Act 1950 (49 of 1950).";

Hi) after entry 29, the followinB entries shall be inserted, namely:—

i

"29A. Duties and powers of the Comptroller and Auditor General. 29B Laying of Audit Reports before the Parliament and coordina- tion In the Department of Economic Affairs (Arthik Karya Vibhag) of all Audit Reports, PAC's reports and Estimates Committee's Reports.

29C. Financial Emergency";

'(f) after entry 32, the following shall be inserted, namely:—

"VILA. Miscellaneous Acts. 32A. Government Savings Bank Act, 1873 (5 of 1873), 32B. Section 20 of the Indian Trusts Act, 1882 (2 of 1882), dealing wltH Investments.

32C. Metal Tokens Act, 1889 (1 of 1889). 32D. Charitable Endowments Act, 1890 (6 of 1390), 32E. Indian Coinage Act, 1906 (3 of 1906). 32F. Indian Securities Act, 1920 (1 of 1920). 32G. Currency Ordinance, 1940 (4 of 1940). 32H. International Monetary Fund and Bank Act, 1945 (Ordinance 47 of 1945).

321. Capital Issues (Control) Act, 1947 (29 of 1947). 32J. Finance Commission (Miscellaneous Provisions) Act 1951 (33 of 1051).

32K. Government Savings Certificates Act, 1959 (46 of 1959). 32L. Unit Trust of India Act, 1963 (52 of 1963). 32M Compulsory Deposit Scheme Act, 1963 (21 of 1963). 32N. Legal Tender (Inscribed Notes) Act, 1964 (28 of 1964). 32O. Asian Development Bank Act, 1966 (18 of 1966). 32P. The Public Provident Fund Art, 1968 (23 of 1968). 32Q. Small Coins (Offences) Act, 1971 (52 of 1971). 32R. Comptroller and Auditor General's (Duties, Powers and Condi- tions of Service) Act, 1971 (56 of 1971).

"32S Additional Emoluments (Compulsory Deposit) Act, 1974 (37 of 1974).";

• C R) in i t em V I I I, in e n t ry 33 f or t he w o r ds a nd f i g u r es " I t em I to V I I ", the words, figures and letter "Item I to VIIA" shall be substituted;

(h) after entry 33 the following item and entries shall be Inserted namely:—•

''IX. Insurance

34. Policy relating to General Insurance; Administration of the Insu- rance Act, 1938- Insurance Companies Association Pool; Subsi- diaries of the Life Insurance Corporation.

35. Policy relating to Life Insurance; Nationalisation of the Life Insurance business; Administration of the Life Insurance Cor- poration Act, 1956, Life Insurance Tribunal.

36. Office of the Controller of Insurance.

37. The responsibility of the Central Government relating to matters concerning centrally administered areas in respect of any of the entries from 34 to 36 above,":

(iv) for the sub-heading "C. DEPARTMENT OF EXPENDITURE (VYAYA VIBHAG)", the following shall bP substituted, namely:—

"B. DEPARTMENT OF EXPENDITURE (VYAYA VIBHAG)";

(v) the sub-heading "D. DEPARTMENT OF REVENUE AND INSURANCE (RA.TASWA AUR BIMA VIBHAG)", and the entries thereunder shall be omitted;

(c) after the heading "MINISTRY OF FINANCE (VITTA MANTRALAYA)" and the entries thereunder, the following heading and entries shall be inserted, namely;—•

"DEPARTMENT OF REVENUE AND BANKING (RAJASWA AUR BANKING VIBHAG)

1. All matters relating to Centrnl Board of Revenue.

2. Stamp duties on bills of exchange, cheaues, promissorv notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts.

3. Supply and distribution of all kinds of stamps.

4. All questions relating to Income-tax (except questions relating to the Income-tax Appellate Tribunal), corporation tax, capital gains tax, excess profits tax, business profits tax and estate duty, wealth tax, expenditure tax and gift tax and also questions relating to Railway Passenger Fares Act.

5. Administration of excise in the Union Territories, i.e., all questions' relating to—

(a) Alcoholic liquors for human consumption. (b) Opium, Indian hemp and narcotic drugs and narcotics.

6. Medical and toilet p/eparations containing alcohol, or any substance included in 5(b).

7. Opium, as regards cultivation, manufacture and sale for export.

fl. International agreements relating to dangerous drugs and their imple- mentation.

9. All matters relating to Customs (Sea and Land) including the Indian Tariff Act, 1934, Tariff valuations, Customs Cooperation Council, Customs nomenclature and similar matters: duties on goods import- ed or exported; prohibitions and restrictions on imports and exports imposed in the interest of revenue; and interpretation of Customs Tariff.

10. All matters relating to Central Excise and Gold Control Administra- tion.

11. Sales Tax:—

(i) The Administration of Sales Tax Laws (Validation) Act, 1950.

(11) Levy of lax on sales In the course of inter-state trade or commerce- problems arising out of the administration of the Central Sales Tax Act, 1956.

(iii) Declaration of goods as of special Importance in interstate trade or commerce under article 286(3) of the Constitution—laying down of the conditions and restrictions to which the State laws providing for the levy of tax on them would be subjected.

(v) All Bills etc., relating to sales tax levy in States coming up for the previous instructions, recommendations or assent of the President.

(vl) Legislative matters concerning sales tax in the Union Territories.

(vii) Problems arising out of the invalidation of sugar-cane cess levies of States including validation of such levies.

12. All matters relating to pre-partition duty refund claims on salt.

13. Subordinate Organisation!—

(a) Income Tax Department; (b) Customs Department; (c) Central Excise Department; and (d) Narcotics Department.

14. Preventive detention for reasons connected with the conservation of foreign exchange or prevention of smuggling; persons subjected to such detention.

15. All Indian Banks, whether nationalised or not,

16. All foreign banks so far as their operations in India are concerned.

17. All matters relating to the Reserve Bank of India, except those which remain directly the concern of the Economic Affalrg Department (Arthik Karya Vibhag).

18. All matters relating to Co-operative Banking which are the concern

of this Department.

19. All matters relating t.o long term financial institutions excluding Unit. Trust of India, Life Insurance Corporation and General Insurance Corporation.

20. Chit Funds and other non-banking companies accepting deposits,

21. Other matters relating to Banking in India.

22. Administration of all Statutes, Regulations and other laws connected

with above subjects.¹';

(d) under the heading "MINISTRY OF LABOUR (SHRAM MANTRA- LA YA)", for entries 5 and 25A the following entries shall respectively be substituted, namely:—

"5. Welfare of labour—industrial, commercial and agricultural conditions of labour; provident lunds; family pension, gratuity; employers' liability and workmen's compensation; health and sickness insurance, including Invalidity pensions, old age pensions, improvement of working conditions in factories; cateens in industrial undertakings. 25A. Administration of the Employees' State Insurance Act, 1948 (34 of 1948), Employees' Provident Funds and Family Pension Fund Act 1952 (19 of 1952), Coal Mines Provident Fund, Family Pension and Bonus Schemes Act, 1948 (46 of 1948), and Payment of Gratuity ^nuuuy Act, 1972 (39 of 1972),";

(e) under the heading ' MINISTRY OF SUPPLY AND REHABILITATION (POORTHI AUR PUNARVAS MANTRALAYA)", under the sub- heading "A DEPARTMENT OF REHABILITATION (PUNARVAS VIBHAG) ' for the existing entries, the following entries shall be substituted, namely —

''1 Relief and Rehabilitation of displaced persons from former East Pakistan

Relief includes-

Establishment of camps, payment of cash doles, provisions of other amenities and necessities

Rehabilitation includes-

Housing training and employment, resettlement on land, in business in- dustries and other non-agricultural occupations

2 Relief and rehabilitation of reoatriates from Sri Lanka, Burma^ Mozambique, Uganda and Zaire

3 Relief and Rehabilitation of Tibetan refugees

4 Relief and Rehabilitation of displaced persons from Chhamb area In Jammu and Kashmir, Chhamb Displaced Persons Rehabilitation Authority

5 Dandakaranya Development Scheme and Dandakaranya Development Authority

6 Administration of Central Camp" work site camps and Karmi Shlblr*

for displaced persons from former East Pakistan

7 Rehabilitation Industries Corporation

8 Residuary problems relating to displaced persons from former East

Pakistan in West Bengal

9 Residuary problems of refugees from Bangladesh

10 Residuary problems of migrants from Pakistan occupied areas of Jammu and Kashmir

11 Development of such spegial areas as may be indicated by the Prime Minister from time to time Special Areas Development Programme in Andaman and Nicobar Islands, in so far as it relates to rehabili- tation of displaced persons, repatriates and ex-servicemen 12 Relief and Reseelement of persons affected In border areas of Jammu and Kashmir Punjab Gujarat and Rajajsthan during the Indo-Pak Conflict, 1971

13 Residuary matters relating to displaced, persons from former West Pakistan now Pakistan

14 Administration of following Acts —

(a) Administration of Evacuee Property Act, 1950 (31 of 1950) (b) Evacuee Interest (Separation) Act, 1951 (64 of 1951) (c) Displaced Persons (Debts Adjustment) Act 1951 (70 of 1951) (d) Displaced Persons (Compensation and Rehabilitation) Act, ig54 (44 of 1954)

(e) Displaced Persons (Claims) Supplementary Act, 1954 (12 of 1954). (f) Transfer of Evacuee Deposits Act, 1954 (15 of 1954) (g) Matters relating to Goa Daman and Diu Administration of Evacuee Property Act, 1964

15 Negotiations with Paki&tan concerning evacuee property left by displaced persons from former West Pakistan now Pakistan

16. Restoration of movable property received from former West Pakistan now Pakistan to the displaced persons from former West Pakistan now Pakistan.

17. (a) Verification and payment of claims of displaced persons from former West Pakistan now Pakistan who were Government servants in the undivided provinces and local bodies in respect of pension, provident fund, leave salary and security deposits.

(b) Ad hoc schemes for payment of pension, G.P. Fund, leave Salary and ex-gratla relief to displaced Government servants from former West Pakistan now Pakistan, grant pf relief to the contractors in respect of their verified claims; grant of relief to pensioners migrated from former East Pakistan and West Pakistan now Pakistan between 1-1-1961 and 25-3-71.

18. All Attached or Subordinate Office^ or other organisations concerned

with any of the subjects specified in this list.

N. B.—Except where specified, the programmes of relief and rehabilita- tion are executed and administered through the State Governments."

F. A. AHMED,

President.

[No. 74/2/1/75-CF]'

J. S. MONGIA, Jt. Secy.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO KOAD,

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF FUULICAT1ONS, DELHI, 1 9 76