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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 66] NEW DELHI, WEDNESDAY, SEPTEMBER I, 1976/BHADRA 10, 1898

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

LOK SABHA

The following Bills were introduced in Lok Sabha on 1st September,

1976: —

BILL NO. 89 OF 1976

A Bill to provide for the establishment of a Corporation for the purpose

of producing, manufacturing, acquiring, distributing and selling milk

and milk products in the. Union territory of Delhi and other areas

so that wholesome milk and milk products may be available to the

general public, at a reasonable price, and for matters connected there-

with or incidental thereto.

BE it enacted by Parliament in the Twenty-seventh Year of the

Republic of India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Delhi Milk Corporation Act, 1976. Short title, extent and commence- ment.

(2) It extends to the whole of the Union territory of Delhi and also to the States of Haryana, Madhya Pradesh, Punjab, Rajasthan and Uttar Pradesh.

(3) It shall come into force in a State or Union territory to which it extends on such date or dates as the Central Government may, by noti- fication, appoint and different dates! may be appointed for the Union territory of Delhi or for different States or parts thereof or for different provisions of this Act and any reference in any provision to the com- mencement of this Act shall be construed as reference to the coming into force of that provision in the Union territory of Delhi or the concerned state or part thereof,

(1361)

Definitions. 2. In this Act, unless the context otherwise requires,—

.(a) "Board" means the Board of Directors referred to in sub- section (1) of section 11;

(b) "Chairman" means the Chairman of the Board";

(c) "Corporation" means the Delhi Milk Corporation established under section 3;

(d) "Delhi Milk Scheme" means the scheme made by the ad hoc Milk Board constituted by the resolution of the Government of India in the then Ministry of Food and Agriculture, No. 27-74/56- L.S., dated the 17th August, 1956 (published at page 283, Part I, Section 1 of the Gazette of India of the 25th August, 1956) for ensuring an adequate supply of milk and milk products of good quality in Delhi at a reasonable price;

(e) "member" means the member of the Board and includes the Chairman thereof;

(f) "notification" means a notification published in the Official Gazette;

(g) "prescribed" means prescribed by rules made under this Act;

2 of 1934.

5 of 1970.

(h) "scheduled bank" means a bank for the time being included in the Second Schedule to the Reserve Bank of India Act, 1934, and includes a corresponding new bank as denned in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;

(i) "year" means the financial year.

CHAPTER II

DELHI MILK CORPORATION

3. (1) With effect from such date as the Central Government may, by notification, specify in this behalf, there shall be established, for the purposes of this Act, a Corporation, to be known as the Delhi Milk Corporation.

Establish- ment of Delhi Milk Cor. porution.

(2) The Corporation shall be a body corporate with the name afore- said, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by that name sue and be sued.

4. (1) The head office of the Corporation shall be at New Delhi or at such other place as the Central Government may, by notification, specify.

Head office, offices and agencies.

(2) The Corporation may establish offices or agencies at other places in or outside the Union territory of Delhi.

Capital of the Cor- poration.

5. (1) The authorised capital of the Corporation shall be such sum,

not exceeding: rupees twenty-five crores as may be fixed by the Central

Government in this behalf, but it shall, in no case, be less than rupees

four crores and the capital so fixed shall be provided to the Corporation

by the Central Government from time to time after due appropriation

made by Parliament by law for the purpose and subject to such terms

and conditions as may be determined by that Government.

(2) All non-recurring expenditure incurred by the Central Govern- ment for, or in connection with, the Delhi Milk Scheme up to the date of establishment of the Corporation, and declared by that Government to be capital expenditure, shall be treated as a part of the capital to be provided by the Central Government to the Corporation under sub- section (1).

(3) The capital of the Corporation shall be divided into such number of fully paid-up shares as the Central Government may specify in this behalf and all such shares shall stand vested in, and allotted to, the Central Government.

(4) The Central Government may provide, by way of loan, grant,

subsidy or otherwise, any further amount that may he required by the

Corporation for carrying- on the business of the Corporation or for any

purpose connected therewith on such terms and conditions as the Central

Government may determine.

(5) The Central Government may reimburse to the Corporation

such losses as may be incurred by it on any activity undertaken by it

In pursuance of any direction made by that Government.

6. (2) The Corporation may, for the purpose of carrying out its functions under this Act, take advances against stocks of milk or milk products held by it, or borrow money, from—

Power of Corpora- tion to borrow money.

(a) any scheduled bank; or

(b) any other bank, banking institution or any other institution approved by the Central Government in this behalf.

(2) The Central Government may guarantee the advances taken or

monies borrowed by the Corporation under sub-section (1), as to the

repayment of principal and tho payment of interest thereon and other

incidental charges.

Vesting of properties in Cor- poration.

7. (1) ;AU assets owned or acquired by the Central Government for

the purposes of the Delhi Milk Scheme before the establishment of the

Corporation shall, on such establishment, stand transferred to, and shall

vest in, the Corporation.

(2) For the purposes of sub-section (1), assets acquired by the Cen-

tral Government for the purposes of the Delhi Milk Scheme shall be

deemed to include all assets, rights, powers, authorities and privileges

and all property, movable and immovable, cash balances, reserve funds,

Investments, book debts and all other rights and interests in or arising

out of, such property as were, immediately before the establishment of

the Corporation, In the ownershiip, possession, power or control of the

Central Government for the purposes of the Delhi Milk Scheme, and

all books of account, registers, records and all other documents of what-

ever nature relating thereto, and shall also be deemed to include all

borrowings, liabilities and obligations oT whatever kind then subsisting

of the Central Government in relation to the Delhi Milk Scheme.

(3) If any question arises as to whether any assets were owned,

possessed, held or controlled by the Central Government for the purposes

of the Delhi Milk Scheme, or whether any right, power, authority,

privilege, obligation or liability was acquired or incurred by the Central

Government for the purposes of the Delhi Milk Scheme, the same shall

be decided by the Central Government.

Substitu- tion of Corpora- tion in suits or proceed- ings.

8. If, on the date of establishment of the Corporation, any suit, appeal or other proceeding of whatever nature, is pending by or against the Central Government for, or in connection with, the Delhi Milk Scheme, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the transfer to the Corporation of the assets or liabilities relating to the Delhi Milk Scheme, and the Corporation shall, in every such suit, appeal or proceeding, become substituted in place of the Central Government and after such substitution, the suit, appeal or other proceeding may be continued, prosecuted or enforced by or against the Corporation, and not against the Central Government.

CHAPTER III

POWERS AND BUSINESS OF THE CORPORATION

9. (1) It shall be the duty of the Corporation to carry on all or any of the following business, namely, acquisition, distribution, manufacture, movement, production, sale, storage, supply or transport of milk or milk products, or both.

Powers and busi- ness of the Cor. poration.

(2) In particular, and without prejudice to the generality of the

foregoing power, the Corporation shall have power to—

(a) ensure an adequate supply of wholesome milk and milk pro-

ducts at a reasonable price;

(b) promote and encourage, by such means as it may think fit,

the production, manufacture or supply of milk and milk products;

(c) ensure, by such means as it may think fit, that the milk or milk products sold or supplied by it conforms to the standards of purity laid down by or under any law for the time being in force;

(d) fix the prices at which milk or milk products may be pur-

chased or sold by it or by its branches or agencies;

(e) fix commissions, salaries or other remuneration payable

to the persons employed by it;

(f) acquire milk or milk products from such sources as it may

think fit;

(g) enter into and perform all such contracts as are calculated to further the efficient performance of its obligations under this Act;

(h) set up, or assist in the setting up of, any industry for handling and processing milk or milk products or for the manufac- ture of any milk products;

(i)' perform any functions as agent or contractor in relation to any milk or milk products distributed or sold by any other person;

(j) provide for the preservation, storage and transport of milk

acquired by it from the different collecting centres;

(k) sanction, without prior reference to the Central Govern- ment, capital expenditure of a sum not exceeding rupees twenty- five lakhs;

(I) discharge such other functions as may be prescribed or as are supplemental- incidental or consequential to any of the busi- ness specified in this Act.

10. (t) The Corporation may do anything which may be necessary •or expedient for the purposes of carrying out its powers and business, under section 9.

General powers of Corpora- tion.

(2) Without prejudice to the generality of the foregoing provisions,

such power shall include the power,—

(i) to acquire, hold and dispose of property;

(it) to invest its funds, which may not be, for the time being, required by it, in such shares, stocks, debentures or other securities as the Central Government may specify from time to time;

(Hi) to aid in the establishment or promotion of any company, firm or other organisation having objects which are calculated to assist, whether directly or indirectly, in the achievement of the objects of the Corporation;

(iv) to administer or run any undertaking having objects similar to those of the Corporation, if the management of such undertaking Is entrusted by the Central Government to the Corporation;

(t>) to take over, or amalgamate with itself, by mutual con- sent, the whole or any part of the undertaking of any company, firm or other organisation having objects similar to those of the Corporation.

CHAPTER IV

MANAGEMENT

11. (1) The general superintendence, direction and management of the affairs and business of the Corporation shall vest in a Board of directors, which may exercise all such powers and do all such acts and things as may be exercised or done by the Corporation under this Act.

Manage- ment of affairs and busi- ness of Corpora- tion.

(2) In discharging its functions, the Board shall act on business principles having regard to the interests of the Corporation and the con- sumer and shall be guided by such instructions on questions of policy as may be given to it by the Central Government.

12. (1) The Board shall consist of the following, namely: —

The Board.

(a) a Chairman;

(b) two members to represent the Ministry of the Central

Government dealing with Animal Husbandry and Dairying;

(c) one member to represent the Ministry of the Central Government dealing with Finance;

(d) two members, to be nominated by the Central Government to represent the Union territory of Delhi or such of the States to which this Act extends or in which this Act has come into force; (e) one member to represent any of the national institutions dealing with dairying;

(f) two members to represent the interests of producers and co-operative organisations engaged in the production, supply or pro- curement of milk for the Corporation;

(g) not more than two members, to be nominated by the Central Government, to represent any other interest which may be necessary to represent for furthering the objects of the Corporation;

(h) one Managing Director, who may also hold office as the Chairman.

(2) All the members of the Board shall be appointed by the Central Government and shall hold office during the pleasure of that Govern- ment.

(3) The Managing Director shall—

(a.) exercise such powers and perform such duties as the Board may entrust or delegate to him;

(b) receive such salary and allowances and be governed by such terms and conditions of service, as the Board may with the previous approval of the Central Government, determine:

Provided that the first Managing Director, shall receive such salary and allowances as the Central Government may fix.

13. The members, other than the Managing Director, shall be entitled to receive, by way of remuneration or fees, such sums as may be prescribed:

Members to receive remunera- tion, etc.

Provided that no member who is an officer of Government shall be entitled to receive any remuneration other than any allowance admissi- ble to him under the rules regulating his conditions of service.

Filling up of casual vacancies.

14. Subject to the provisions of sub-section (1) of section 12, the manner of filling casual vacancies among the members shall be such as. may be prescribed.

Resigna- tion of members.

15. A member may resign his office by giving notice thereof in writing to the Central Government and on such resignation being accepted, he shall be deemed to have vacated his office.

Meeting*.

16. (1) The Board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made by the Corporation under this Act.

(2) The Chairman or, if for any reason he is unable to attend any meeting, any other member elected by the members present at the meet- ing, shall preside at the meeting.

(3) All questions which come up before any meeting of the Board shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the Chairman, or in his absence the person presiding, shall have a second or casting vote.

Member* not to vote in certain cases.

17. A member who has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the Board, shall, as soon as possible after relevant circumstances have come to his know- ledge, disclose the nature of his interest at such meeting and the disclo- sure shall be recorded in the minutes of the meeting of the Board and the member shall not take any part in any deliberation or decision o£ the Board with respect to that matter.

18. No act or proceeding of the Board shall be invalid merely by rea- son of the existence of any vacancy in, or any defect in the constitution of, the Board.

Vacancies, etc.f not to invalidate proceed- ings of Board.

CHAPTER V

FINANCE, ACCOUNTS AND AUDIT

Funds of Corpora- tion.

19. (1) The Corporation shall have its own funds and all receipts of the Corporation shall be credited thereto and all payments of the Cor- poration shall be made therefrom.

(2) Such funds shall be applied for meeting all administrative ex- penses of the Corporation and for carrying out the provisions of this Act.

20. The Corporation shall cause its books to be closed and balanced Closure of accounts.

on the 31st day oft March, of each year.

Accounts and audit.

21. (1) The Corporation shall maintain proper accounts and other rele- vant records and prepare an annual statement of accounts, including the profit and loss account and the balance sheet in such form as may be prescribed in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Corporation shall be audited annually by the Comptroller and Auditor-General of India or any person appointed by him in this behalf and any expenditure incurred by him in connection with such audit shall be payable by the Corporation to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Corporation shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, con- nected vouchers and other documents and papers and to inspect all or any of the offices of the Corporation.

(4) The accounts of the Corporation as certified by the Comptroller and Auditor-General o£ India or any other person appointed by him In this behalf together with the audit reporjt thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.

Surplus profits.

1 of 1966.

22. (1) After making provision for bad and doubtful debts, deprecia- tion in assets, contributions to staff and superannuation funds and all other matters for which provision is necessary under any law, or which are usually provided for by the companies under the Companies Act, 1956, the Corporation shall transfer the balance of its profits to a reserve fund to be established by it.

(2) The reserve fund to be established under sub-section (1) shall be utilised solely for such purposes as the Board may by regulation specify.

CHAPTER VI

TRANSFER OF EMPLOYEES TO THE CORPORATION

23. (1) On the establishment of the Corporation, it shall be lawful for the Central Government to transfer, by order and with effect from such date or dates as may be specified in the order, to the Corporation ofly person employed by that Government for the purposes of the Delhi Milk Scheme:

Special provision for trans- fer of em- ployees to Constitu- tion.

Provided that no order under this sub-section shall be made In rela- tion to any person employed by the Central Government for the pur- poses of the Delhi Milk Scheme, who has, in respect of the proposal of the Central Government to transfer him to the Corporation, intimated, with- in such time as may be specified in this behalf by that Government, his intention of not becoming an employee of the Corporation:

Provided further that such of the persons employed by the Central Government for the purposes of the Delhi Milk Scheme who do not express, within the specified time, their intention of; becoming the employees of the Corporation, shall be dealt with in the same manner and in accordance with the same rules as would apply] to the employees of the Central Government in the event of the reduction of the strength of the establishment in which such persons have been employed.

(2) An officer or other employee transferred by an order made under sub-section (1) shall, on and from the date of transfer, cease to be an employee of. the Central Government and become an officer or other employee of the Corporation with such designation as the Corporation may determine and shall, subject to the provisions of sub-sections (3), (4) and (5), be governed by the regulations made by the Corporation under this Act, as respects remuneration and other conditions of service including pension, leave and provident fund, and shall continue to be an officer or other employee of the Corporation unless and until his employ- ment is duly terminated by the Corporation.

(3) Every officer or other employee transferred by an order made under sub-section (J), shall, within six months from the date of trans- fer, exercise his option in writing to be governed,

(a) by the scale of pay applicable to the post held by him under the Central Government immediately before the date of transfer or by the scale of pay applicable to the post under the Corporation to which he is transferred,

(b) by the leave, provident fund, retirement or other terminal benefits admissible to officers or other employees of the Central Gov- ernment in accordance with the rules and orders of the Central Government as amended from time to time or the leave, provident fund or other terminal benefits admissible to the officers or other employees of the Corporation under the regulations made by the Corporation under this Act,

and such option, once exercised shall be final:

Provided that the option exercised by an officer or other employee under clause (a)] shall be applicable only in respect of the post to which such officer or employee is transferred to the Corporation end in the event ofi his appointment to a higher post under the Corporation, he shall be eligible only for the scale of pay applicable to such higher post:

Provided further that if immediately before the date of his transfer any such officer or other employee is officiating in a higher post under the Central Government either in a leave vacancy or in any other vacancy of a specified duration, his pay, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to draw, at his option, pay in the scale applicable to the post under the Central Government to which he would have reverted or to the scale of pay applicable to the post under the Corporation to which he Is trans- ferred:

Provided also that when an officer or other employee serving in the Department of the Ministry of the Central Government dealing with the Delhi Milk Scheme is promoted to officiate in a higher post in that De- partment subsequent to the transfer to the Corporation of any other offi- cer or employee senior to him in that Department Before such transfer, the officer or other employee who is promoted to officiate in such higher post shall, on transfer to the Corporation, be entitled only to the scale of pay applicable to the post he would have held but for such promotion or the scale of pay applicable to the post under the Corporation to which he Is transferred, whichever he may opt.

(4) No officer or other employee transferred by an order made under sub-section (I),—

(a) shall be dismissed or removed by an authority subordinate to that competent to make a similar or equivalent appointment under the Corporation as may be specified in the regulations made by the Corporation under this Act;

(b) shall be dismissed or removed or reduced in rank except af- ter an inquiry in which he has been informed of the charge against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed, after; such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making a representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry.

Provided that this clause shall not apply,

(i) where an officer or other employee is dismissed or removed or reduced in rank on the ground! of conduct which has led to his conviction on a criminal charge; or

(ii) where the authority empowered to dismiss or remove an officer or other employee or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, It Is not reasonably practicable to hold such inquiry; or

(liiji to an officer or other employee who, after transfer to the Corporation is appointed to a higher post under the Corpo- ration in response to an open advertisement and in competition with outsiders.

(5) If, in respect of any such officer or other employee as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in sub-section (4), the decision thereon of the authority empowered to dismiss or remove him or to reduce him in rank shall be final.

(6) Nothing contained in sub-section (1) shall apply to the mem- bers of the Central Secretariat Service or any other Service or to persons on deputation to the Department referred to in that sub-section or to any of its attached or subordinate offices from any Ministry of the Central Government or from any State Government or from any organisation.

(7) Where any undertaking or part thereof is amalgamated with the Corporation under section 10, the agreement for such amalgamation shall provide for the transfer to the Corporation of the persons employed in connection with such undertaking or part thereof and the terms and conditions of the employment of such persons in the Corporation:

CHAPTER Vn

MISCELLANEOUS

Refer enet to D"lhi Milk Scheme.

24. Any reference to the Delhi Milk Scheme In any law, other than this Act, or in any contract or other instrument in force, or having effect immediately before the commencement of this Act, shall be construed, on the establishment of the Corporation, as a reference to the Corporation.

25. Every Chairman, member, auditor, officer or other employee of the Corporation, shall, before entering upon his duties, make a declaration of fidelity and secrecy In the form set out in the Schedule.

Declara

tion of

fidelity

and

secrecy.

Indemnity. 26. (7) Every member shall be indemnified by the Corporation against all losses and expenses incurred by him in, or In relation to, the discharge of his duties except such as have been caused by his own wilful act or default.

(2) A member shall not be responsible for any action taken or any- thing done by any other member or by any officer or other employee of the Corporation or for any loss or expense resulting to the Corporation from the insufficiency or deficiency of the value, or title to, any property or security acquired or taken on behalf of the Corporation In good faith, or by the Insolvency or wrongful act of any person under obligation to the Corporation or by anything done in good faith, In the execution of the duties of his office or in relation thereto.

Protection of action taken In good faith.

27. (1) No suit or other legal proceeding shall He against the Central Government or the Corporation or any member, or any officer or other employee of the Corporation or any other person authorised by the Cor- poration to discharge any function under this Act, for any loss or damage caused or likely to be caused by anything which is in good faith done or intended to be done under or in pursuance of this Act.

(2) No suit, prosecution or other legal proceeding shall lie against the Central Government or any person employed before such commence- ment in connection with the Delhi Milk Scheme for anything done, or omitted to be done, or for any liability incurred before the commence- ment of this Act, except with the approval of the Central Government.

28. Every member, auditor, officer or other employee of the Corpora-

tion shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

45 of 1860.

Employeea of the Corpora- tion to bo public servants.

Offences.

29. (1) Whoever, without the consent in writing of the Corporation, uses its name in any prospectus or advertisement, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

(2) No court shall take cognizance of any offence under sub-section (1) except on a complaint in writing by an 'officer authorised in this behalf by the Corporation.

43 of 1061

Provision relating to in- come-t"jt, etc. 30. For the purposes of the Income-tax Act, 1961, or any other enact- ment for the time being in force relating to income-tax, super-tax or any other tax on income, profits or gains, the Corporation shall be deemed to be an Indian company and a company in which public are substantially interested and shall be liable to tax accordingly on its income, profits and gains.

Winding up of Corpora- tion.

31. No provision of law relating to the winding up of companies or corporations shall apply to the Corporation and it shall not be placed in liquidation save by order of the Central Government and in such manner as that Government may direct.

32. If any difficulty arises in giving effect to the provisions of this Act,

the Central Government may by order, do anything, not inconsistent with such provisions, for the purposes of removing the difficulty:

Power to remove difficul- ties.

Provided that no such order shall be made after the expiration of

two years from the date of commencement of the said Act.

Annual report.

33. (1) The Corporation shall, as soon as possible after the end of each year, submit to the Central Government an annual report in such form as may be prescribed on the working and affairs of the Corporation.

(2) The Central Government shall, as soon as may be after the receipt of such report, cause such report to be laid before both Houses of Parlia- ment.

34. (1) The Central Government may, by notification, make rules for

carrying out the provisions of this Act.

Power tc make rules.

(2) In particular, and without prejudice to the generality of the fore-

going powers, such rules may provide for—

(a) the term of office of the members and the manner of filling

vacancies among the members of the Board;

(b) the remuneration or fees which the members, other than the Managing Director, shall be entitled to receive from the Corporation;

(c) the form in which accounts may be kept;

(d) the form in which the annual report may be prepared;

(c) such other matters as may be, or are required to be, pres- cribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parlia- ment 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, be- fore the expiry of the session immediately following, the session or the successive sessions aforesaid, both Houses agree in making any modifi- cation In the rule or both Houses agree that the rule sKould 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 previ- ously done under that rule.

Power to make re- gulations.

35. (1) The Corporation may, with the previous sanction of the Cen- tral Govenment, by notification, make regulations not Inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpo"" of giving effect to the provisions of this Act.

(2) In particular, and without prejudice to the generality of the fore- going powers, such regulations may provide for—

(a) the method of appointment, the conditions of service and th* scales of pay of the officers and other employees of the Corp6ratlon;

(b) the duties and conduct of officers and employees of the Cor- poration and disciplinary control;

(c) the functions and duties which may be entrusted or delega- ted to the Managing Director;

(d) the times and places at which meetings of the Board shall be held and the procedure to be followed thereat;

(e) the purposes for which the amounts In the reserve fund may be utilised;

(f) generally, the efficient conduct of the affairs of the Corpora- tion.

(3) The Central Government may, by notification, modify or rescind any regulation made or sanctioned by it and the regulation so modified or rescinded shall have effefct only in such modified form or be of no effect as the case may be; so, however, that such modification! or rescision shall be without prejudice to the validity of anything done under the regulation before its modification or rescision.

(4) The first regulations of the Corporation shall be made by the Central Government within three months from the establishment of the Corporation and the regulations so made shall have effect as If they had been made by the Corporation.

(5) The regulations made by the Central Government under sub-sec-

tion (4), may be altered or rescinded by the Corporation.

THE SCHEDULE

(See section 25)

DECLARATION OF FIDELITY AND SECRECY

I,

, do hereby declare that I will faithfully, truly and to the best of my judgement, skill and ability execute and perform the duties required of me as Chairman, member of the Board, auditor, officer or other employee (as the case may be) of the Delhi Milk Corpo- ration and which properly relate to the office or position in the said Cor- poration held by me.

I further declare that I will not communicate or allow to be communi- cated to any person not legally entitled thereto any information relating to the affairs of the said Corporation or to the affairs of any person having dealing with the said Corporation; nor will I allow any such person to inspect or have access to, any books or documents belonging to, or In the possession, of the said Corporation and relating to the business of any person having dealing with the said Corporation.

STATEMENT OF OBJECTS AND REASONS

The Delhi Milk Scheme has been running as a departmental undertak- ing of the Ministry of Agriculture and Irrigation (Department of Agri- culture) since its inception in 1&50. Except for a short spell of two years (i.e. 1969-70 and 1970-71), when the Scheme earned a profit, the Delhi Milk Scheme has been incurring losses year after year. These losses are mainly due to the fact that Delhi Milk Scheme, with the present set up, is unable to take quick market decisions based on sound commercial prin- ciples and also cannot develop permanent links with the producers without assisting them in obtaining inputs and enhancing production. With a view to meeting the situation and to providing greater flexibility and autonomy in its day-to-day dealings and to liberating it from the departmental pro- cedures financial as well as personnel management matters, it has been proposed to convert the Delhi Milk Scheme into a statutory Corporation. The Bill seeks to achieve the said object.

2- The functions of the Corporation will be mainly to ensure adequate supply of wholesome milk and milk products, conforming to the standards of purity laid down under any law for the time being in force, at a reason- able price. The Corporation is proposed to be empowered to borrow money from, any scheduled bank or any other banking institution approv- ed by the Central Government. Repayment of any money borrowed by the Corporation will be guaranteed by the Central Government.

3. The paid-up capital of the Corporation will be such sum, not less than rupees 4 crores, as the Central Government may determine. This sum will be equal to the value of the assets on the date of conversion of Delhi Milk Scheme Into a statutory Corporation, which are estimated at rupees 3.23 crores. In addition, the Central Government may provide, by way of loan, a sum of Rs. 2 crores to serve as working capital for carrying on the business connected with the activities of the Corporation.

ANNASAHIB P. SHINDE.

N EW DELHI;

The 21st August, 1976.

PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117 AND 274

OF THE CONSTITUTION OF INDIA

[Copy of letter No. 3-2/70-LD.I., dated the 26th August, 1976 from Shri Annasahib P. Shinde, Minister of State in the Ministry of Agriculture and Irrigation to the Secretary-General, Lok Sabha.]

The President having been informed of the subject matter of the Bill to provide for the establishment of a Corporation, for the purpose of ac- quiring, distributing and selling milk and milk products in the Union Territory of Delhi and other areas and for matters connected therewith or incidental thereto, recommends under article 117(1) and (3) of the Constitution of India read with article 274 thereof, the introduction of the Delhi Milk Corporation Bill, 1976, in Lok Sabha and also the consideration of the Bill by Lok Sabha.

FINANCIAL MEMORANDUM

The initial paid-up capital of the Delhi Milk Corporation shall be ail amount not exceeding Rs. 25 crores as the Central Government may de- termine [clause 5(1) of the Bill]. This amount will be equal to the value of the assets on the date of conversion of Delhi Milk Scheme into a Statutory Corporation (estimated as Rs. 3.25 crores as on 20-3-1976). The Central Government may on that basis provide an equity of Rs. 4 crores as a paid-up capital. In addition, the Central Government may provide a sum of Rs. 2 crores by way of loan to enable the Corporation to carry on the business of the Corporation or any other matter connect- ed therewith on such terms and conditions as the Central Government may determine.

2. All assets and non-recurring expenditure of capital nature incur- red by the Central Government for or in connection with the Delhi Milk Scheme upto the actual date of the establishment of the Corporation shall be treated as a part of the paid-up capital provided by the Central Government to the Corporation [clause 5(2) and clauses 7(1) and 7(2) of the Bill].

3. The Central Government may also guarantee the advances taken or monies borrowed by the Corporation from any scheduled bank or any other bank or banking institutions approved by the Central Government as to the repayment of the principal and the payment of the interest thereon and other incidental charges [clause 6(2) of the Bill]. The ulti- mate liability arising out of such a guarantee cannot be estimated at this stage.

4. In as' much as the Corporation is to take over completely the assets and liabilities of the Delhi Milk Scheme and consequently that of the Central Government on the date of its conversion into Corporation, no liability on this account will accrue to the Central Government (clause 7 of the Bill). Similarly, pay and allowances of the staff and pensionary and provident fund liability will also be borne by the Corporation, exoept in the case of those employees who do not opt to serve the Corporation in terms of the provisions contained in Chapter VI of the draft Bill. On the assumption that 90 per cent, of the staff would opt to come under the Corporation, the liability of the Central Government in respect of the remaining 10 per cent, of the staff will not exceed Rs. 90 lakhs being the capitalised value of the liability on account of pension and provident fund for their past services plus Rs. 18 lakhs per annum on account of their nav and allowances.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 34 of the Dill seeks to confer on the Central Government power to make rules for matters relating to the term of office and conditions of service of the members of the Board (other than the Managing Director) and the remuneration or fees to be paid to them and the functions of the Board.

2. Clause 35 of the Bill seeks to confer on the Corporation power to make, with the previous approval of the Central Government, regulations (not inconsistent with the provisions of the Bill and the rules made there- under) to provide for method of appointment, conditions of service and scales of pay of the employees of the Corporation and functions and duties which may be delegated to the Managing Director.

3. Matters in respect of which power is conferred on the Central Gov- ernment to make rules or on the Corporation to make regulations, relate to matters of detail and procedure. It is hardly practicable ,to provide for them in the Bill itself. The delegation of legislative power is, there- fore, of a normal character.

BitL No. 91 ov 1976

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-seventh Year of the

Republic of India as follows: —

1. (1) This Act may be called the Constitution (Forty-fourth Amend-

ment) Act, 1976.

Short title and com- mence- ment.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

'£. In the Preamble to the Constitution,—

Amend- ment of the Preamble.

(a) for the words "SOVEREIGN DEMOCRATIC REPUBLIC", the words "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC" shall be substituted; and

(b) for the words "unity of the Nation", the words "unity and

Integrity of the Nation" shall be substituted.

3. After article 31 of the Constitution, the following sub-heading shall

be inserted, namely: —

"[Saving of Certain Laws",

Inser- tion of new sub. heading after article 81.

Amer.d-

articla 31C.

4. In article 31C of the Constitution, for the words, brackets, letters and figures "the principles specified in clause (b) or clause (c) of article 39", the words and figures "all or any of the principles laid down in Part IV" shall be substituted.

5. After article 31C of the Constitution and before the sub-heading "Right to Constitutional Remedies", the following article shall be inserted, namely: —

Insertion of new article 31D.

'31D. (1) Notwithstanding anything contained in article • 13, no

law providing for—

(a) the prevention or prohibition of anti-national activities;

or

Saving of laws in respect of anti-na- tional activities.

(b) the prevention of formation of, or the prohibition of,

anti-national associations.

shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by, article 14, article 19 or article 31.

(2) Notwithstanding anything in this Constitution, Parliament shall have, and the Legislature of a State shall not have, power to make laws with respect to any of the matters referred to in sub- clause (a) or sub-clause (b) of clause (1).

(3) Any law with respect to any matter referred to in sub-

clause (a) or sub-clause (b) of clause (1) which is in force immedi- ately before the commencement of section 5 of the Constitution (Forty-fourth Amendment) Act, 1976, shall continue in force until altered or repealed or amended by Parliament.

(4) In this article,—

(a) "association" means an association of persons;

(b) "anti-national activity", in relation to an individual or association, means any action taken by such individual or association—

(i) which is intended, or which supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India or which incites any/' individual or association to bring about such cession or secession;

(ii) which disclaims, questions, threatens, disrupts or is intended to threaten or disrupt the sovereignty and integ- rity of India or the security of the State or the unity of the nation;

(in) which is intended, or which is part of a scheme which is intended, to overthrow by force the Government as by law established;

(iv) which is intended, or which is part of a Scheme which is intended, to create internal disturbance or the dis- ruption of public services;

(v) which is intended, or which is part of a scheme which is intended, to threaten or disrupt harmony between

different religious, racial, language or regional groups or castes or communities;

(c) "anti-national association" means an association—

(0 which has for its object any anti-national activity;

(ii) which encourages or aids persons to undertake or en-

gage in any anti-national activity;

(in) the members whereof undertake or engage in any

anti-national activity.'.

6. After article 32 of the Constitution, the following article shall be inserted, namely: —

Inser- tion of new arti- cle 32A.

"32A. Notwithstanding anything in article 32, the Supreme Court shall not consider the constitutional validity of any State law in any proceedings under that article unless the constitutional validity of any Central law is also in issue in such proceedings.".

Constitu- tional vaJl- dily of State laws not to be con- sidered in pro- ceedings under article 32.

7. In article 39 of the Constitution, for clause (/), the following

clause shall be substituted, namely: —

Amend- ment of article 39.

" (j) that children are given opportunities and facilities to deve- lop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.".

8. After article 39 of the Constitution, the following article shall be

inserted, namely: —

Inser- tion of new arti- cle 39A.

Equal justice and free legal aid.

"39A. The State shall secure that the operation of the legal sys- tem promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other dis- abilities.".

9. After article 43 of the Constitution, the following article shall be

inserted, namely; —

Inser- tion of new arti- cle 43A.

"43A. The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in anv industry. "-

Partiti- pation of workers in manage- ment of indus- tries.

10. After article 48 of the Constitution, the following article shall be

inserted, namely:^

"48A. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the coun- try.".

Inser- tion of new arti- cle 48A. Protec- tion and Improva- ment of environ- ment and safeguard- ing of forests and wild life.

11. After Part IV of the Constitution, the following Part shall be

inserted, namely: —

Inser- tion of new Part IVA.

"PART IVA

FUNDAMENTAL DUTIES

51 A. It shall be the duty of every citizen of India—

Funda- mental duties.

(a) to abide by the Constitution and respect its ideals and

institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired

our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity and integ-

rity of India;

(d) to defend the country and render national service when

called upon to do so;

(c) to promote harmony and the spirit of common brother- hood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite

culture;

(g) to protect and improve the natural environment includ- ing forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism and the

spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.".

12. In article 55 of the Constitution, for the Explanation, the following

Explanation shall be substituted, namely: —

Amend- ment of article $3,

'Explanation.—In this article, the expression "population" means the population as ascertained at the last preceding census of which, the re.leva.nt figures have been published:

Provided that the reference in this Explanation to the last pre- ceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as & reference to the 1971 census.'.

13. In article 74 of the Constitution, for clause (1), the following clause shall be substituted, namely: —

Amend- ment of article 74, " (1) There shall be a Council of Ministers with the Prime Minis- ter at the head to aid and advise the President who shall, In the exercise of his functions, act in accordance with such advice.".

14. In article 77 of the Constitution, after clause (3), the following clause shall be inserted, namely: —

Amend- ment of article 77,

"(4) No court or other authority shall be entitled to require the production of any rules made under clause (3) for the more con- venient transaction of the business of the Government of India.".

15. In article 81 of the Constitution, to clause (3), the following pro- viso shall be added, namely: —

Amend- ment of article 81.

"Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.".

18. In article 82 of the Constitution, after the proviso, the following provisos shall be inserted, namely: —

Amend- ment of articlt 82.

"Provided further that such readjustment shall take effect from such date as the President may by order specify and until such read- justment takes effect, any election to the House may be held on the basis of the territorial constituencies existing before such readjust- ment:

Provided also that until the relevant figures for the first census taken after the year 2000 have been published, it shall not be neces- sary to readjust the allocation of seats in the House of the People to the States and the division of each State into territorial consti- tuencies under this article.".

17. (1) In article 83 of the Constitution, in clause (2), for the words "five years" in the two places where they occur, the words "six years" shall be substituted.

Amend- ment of articln 83.

(2) The amendments made by sub-section {1) shall apply to the jHouse of the People in existence on the date of coming into forca of this section.

18. In article 100 of the Constitution, clauses (3) and (4) shall be

omitted.

19. In article 102 of the Constitution, for sub-clause (a) of clause (1),

the following sub-clause shall be substituted, namely: —

Amend- ment °f article 100. Amend- ment °t article 102.

" (a) if he holds any such office of- profit under the Government of India or the Government of any State as is declared by Parlia- ment by law to disqualify its holder;".

20. For article 103 of the Constitution, the following article shall be

substituted, namely: —

Substitu tion of new art! cle for article 103.

"103. (1) If any question arises—

(a) as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, or

Decision on quea- tlong aa to disquali- fication.

(fa) as to whether a person, found guilty of a corrupt prac- tice at an election to a House of Parliament under any law made by Parliament, shall be disqualified for being chosen as, and for being, a member of either House of Parliament, or of a House of the Legislature of a State, or as to the period for which he shall be so disqualified, or as to the removal of, or the reduction of the period of, such disqualification,

the question shall be referred for the decision of the President and his decision shall be final.

(2) Before giving any decision on any such question, the Presi- dent shall consult the Election Commission and the Election Com- mission may, for this purpose, make such inquiry as it thinks fit.".

21. In article 105 of the Constitution, for clause (3), the following

clause shall be substituted, namely: —

Amend- ment of article 105.

" (3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House shall be such as may, from time to time, be evolved by auch House of Parliament".

22. In article 118 of the Constitution, in clause (1), after the words "its procedure", the brackets and words " (including the quorum to cons- titute a meeting of the House)" shall be inserted.

23. After article 131 of the Constitution, the following article shall be Amend- ment of articl* 118. Inser- tion ol new arti- cle 131A, inserted, namely: —

"131A. (1) Notwithstanding anything contained in any other provision of this Constitution, the Supreme Court shall, to the ex- clusion of any other court, have jurisdiction, to determine all ques- tions relating to the constitutional validity of any Central law.

(2) Where a High Court is satisfied—

Exclusive jurisdic- tion of the Sup- reme Court in regard to ques- tions as to Const!, tutional validity of Central laws,

(a) that a case pending before it or before a court sub- ordinate to it involves questions as to the constitutional validity of any Central law or, as the case may be, of both Central and State laws; and

(5) that the determination of such questions is necessary for

the disposal of the case,

the High Court shall refer the questions for the decision of the Supreme Court.

(3) Without prejudice to the provisions oft clause (2), where, on an application made by th 3 Attorney-General of India, the Supreme Court is satisfied,—

(a) that a case pending before a High Court or before a court subordinate to a High Court involves questions as to the consti- tutional validity of any Central law or, as the case may be, of both Central and State laws; and

(b) that the determination of such questions is necessary for

the disposal of the case,

the Supreme Court may require the High Court to refer the ques- tions to it for its decision.

(4) When a reference is made under clause (2) or clause (3), the High Court shall stay all proceedings in respect of the case until the Supreme Court decides the questions so referred.

(5) The Supreme Court shall, after giving the parties an op- portunity of being heard, decide the questions so referred, and may—

(a) either dispose of the case itself; or (b) return the case to the High Court together with a copy

of its judgment on such questions for disposal of the case in con- formity with such judgment by the High Court or, as the case may be, the court subordinate to it.".

24. After article 139 of the Constitution, the following article shall be

inserted, namely:—

Inser- tion of new arti- cle 139A.

Transfer of cer- tain cases.

"139A. (1) If, on an application made by the Attorney-General of India, the Supreme Court is satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself.

(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.".

25. After article 144 of the Constitution, the following article shall be

inserted, namely: —

Inser- tion of new arti- cle 144A.

"144A. (1) The minimum number of Judges of the Supreme Court who shall sit for the purpose of determining any question as to the constitutional validity of any Central law or State law shall be sevsn.

(2) A Central law or a State law shall not be declared to be constitutionally invalid by the Supreme Court unless a majority of not less than twoi-thirds of the Judges sitting for the purpose of de- termining the question as to the constitutional validity of such law hold It fo be constitutionally invalid,¹',

Special provi^ sions as to dis- posal of questions relat- ing to ConKtJto. tional validity of laws,

26. In article 145 of the Constitution,—

(a) in clause (1), after sub-clause (c), the following sub-clause

shall be inserted, namely: —

Amend- ment of article 145.

"{cc} rules as tc the proceedings in the Court under articles

131A and 139A;";

(b) in clause (2), for the words, brackets and figure "provisions of clause (3)", the words, figures, letter and brackets "provisions of article 144A and of clause (3)" shall be substituted;

(c) in clause (3), for the words "The minimum number", the words, figures and letter "Subject to the provisions of article 144A, the minimum number" shall be substituted.

27. For article 150 of the Constitution, the following article shall be

substituted, namely: —

Substitu- tion qf new arti' cle for article 150.

"150. The accounts of the Union and of the States shall be kept in puch form as the President may, after consultation with the Comp- troller and Auditor-General of India, prescribe.".

Form of accounts of the Union and of the States.

28. In article 166 of the Constitution, after clause (3), the following

clause shall be inserted, namely:—-

Amend- ment of article 166.

" (4) No court or other authority shall be entitled to require the production of any rules made under clause (3) for the more con- venient transaction of the business of the Government of the State-".

29. In article 170 of the Constitution,—

(a) for the Explanation, the following Explanation shall be subs- Amend- ment of article 170.

tituted, namely: —

'Explanation.—In this clause, the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been pub- lished shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a refer- ence to the 1&71 census.';

(b) in clause (3), after the proviso, the following provisos shall

be inserted, namely:-—

"Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituen- cies existing before such readjustment:

Provided also that until the relevant figures for the first census taken after the year 2000 have been published, It shall not be necessary to readjust the total number of seats in the Legisla- tive Assembly of each State and the division of such State into territorial constituencies under this clause.".

30. (1) In article 172 of the Constitution, in clause (1), for the words "five years" in the two places where they occur, the words "six years" shall be substituted.

Amend- ment of article 172.

(2) The amendments made by sub-section (1) shall apply to every Legislative Assembly in existence on the date of coming into force of this section.

31. In article 189 of the Constitution, clauses (3) and (4)! shall be

omitted.

Amend- ment of article 189.

32. In article 191 of the Constitution, for sub-clause (a) of clause (1),

the following sub-clause shall be substituted, namely: —

Amend- ment of article 191.

" (a) if he holds any such office of profit under the Government of India or the Government of any State specified in the First Sche- dule as is declared by Parliament by law to disqualify its holder;".

33. For article 192 of the Constitution, the following article shall be

substituted, namely: —

"19(2. (1) If any question arises—

(a) as to whether a member of a House of the Legislature of a State has become¹ subject to any of the disqualifications mentioned in clause (1) of article 191, or

Substi- tution of new article for arti- cle 192. Deci- sion on ques- tions aa to dis- quali- fication.

(fa) as to whether a person found guilty of a corrupt practice at an election to a House of the Legislature of a State under any law made by Parliament shall be disqualified for being chosen as, and for being, a member of either House of Parliament or of a House of the Legislature of a State, or as to the period for which he shall be so disqualified, or as to the removal of, or the reduction of the period of, such disqualification,

the question shall be referred for the decision of the President and his decision shall be final.

(2) Before giving any decision on any such question, the! Presi- dent shall consult the Election Commission and the Election Com- mission may, for this purpose, make such inquiry as it thinks fit.".

34. In article 194 of the Constitution, for clause (3), the following

clause shall be substituted, namely: —

Amend- ment of article 194.

"(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature shall be such as may from time to time be evolved by such House.".

35. In article 208 of the Constitution, in clause (1), after the words "its procedure", the brackets and words " (including the quorum to constitute a meeting of the House)" shall be inserted.

Amend- ment of article 208.

30. In article 217 of the Constitution, in clause (2),—

Amend- ment of article 217.

(a) in sub-clause (b), the word "or" shall be inserted at the end; (b) after sub-clause (b), the following sub-clause shall be in-

serted, namely: —

" (c) is, in the opinion of the President, a distinguished

jurist";

(c) in the Explanation, in clause (a), for the wc

37. In article 225 of the Constitution, the proviso shall be omitted.

Amend- ment of article 225.

38. For article 226 of the Constitution, the following article shall be

substituted, namely: —

Sub- stitution of new article for article 226.

Power of High Courts to issue certain writs.

"226. (1) Notwithstanding anything in article 32 but subject to the provisions of article 131A and article 226A, every High Court shall have power throughout the territories in relation to which it exercises jurisdiction to issue to any person or authority, including in appropriate cases, any Government within those territories direc- tions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo watranto and c€rtiorari, or any of them,—

(a) for the enforcement of any of the rights conferred by

the provisions of Part III; or

(b) for the redress of any injury of a substantial nature by reason of the contravention of any other provision of this Constitution or any provision of any enactment or Ordinance or any order, rule, regulation, bye-law or other instrument made thereunder; or

(c) for the redress of any injury by reason of any illegality in any proceedings by or before any authority under any provi- sion referred to in sub-clause (b) where such illegality has result- ed in substantial failure of justice. (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercis- ed by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.

(3) No petition for the redress of any injury referred to in sub- clause (b) or sub-clause (c) of clause (1) shall be entertained if any other remedy for such redress is provided for by or under any other law for the time being in force.

(4) No interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relat- ing to, a petition under clause (1) unless—

(a) copies of such petition and of all documents in sup- port of the plea for such interim, order are furnished to the party

against whom such petition is filed or proposed to be filed; and (b) opportunity is given to such party to be heard in the

matter. (5) The High Court may dispense with the requirements of sub-clauses (a) and (b) of clause (4) and make an interim order as an exceptional measure if it is satisfied for reasons to be recorded in writing that it is necessary so to do for preventing any loss being caused to the petitioner which cannot be adequately compensated in money but any such interim order shall, if it is not vacated earlier, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the High Court has continued the operation of the interim order.

(6) Notwithstanding anything in clause (4) or clause (5), no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, a petition under clause (1) where such order will have the effect of delaying any inquiry into a matter of public importance or any in- vestigation or inquiry into an offence punishable with imprisonment or any action for the execution of any work or project of public utility, or the acquisition of any property for such execution, by the Government or any corporation owned or controlled by the Government.

(7) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.".

39. After article 226 of the Constitution, the following article shall be

inserted, namely: —

Inser- tion of new article 226A.

"226A. Notwithstanding anything in article 226, the High Court shall not consider the constitutional validity of any Central law in any proceedings under that article.".

Constitu- tional validity of Cen- tral laws not to be consi- dered in proce- edings under article 226.

40. In article 227 of the Constitution,—

(a) for clause (1), the following clause shall be substituted,

namely: —

Amend- ment of article 227.

"(1) Every High Court shall have superintendence over all

courts subject to its appellate jurisdiction."; (b) after clause (4), the following clause shall be inserted,

namely: —

" (5) Nothing in this' article shall be construed as giving to a High Court any jurisdiction to question any judgment of any inferior court which is not otherwise subject to appeal or revision.".

41. In article 228 of the Constitution, for the words "it shall with- draw the case and may—", the words, figures and letter "it shall withdraw the case and, subject to the provisions of article 131A, may—" shall be substituted.

Amend- ment of article 228.

42. After article 228 of the Constitution, the following article shall be

inserted, namely: —

Inser- tion of new article 228A.

"223A. (1) No High Court shall have jurisdiction to declare any

Central law to be constitutionally invalid.

(2) Subject to the provisions of article 131A, the High Court may determine questions as to the constitutional validity of State laws.

Special provi- sions as to dis- posal of ques- tions relating

(3) The minimum number of Judges who shall sit for the pur- pose of determining any question as to the constitutional validity of any State law shall be five:

to Consti- tutional

vali- dity

Provided that where the High Court consists of less than five Judges, all the Judges of the High Court may sit and determine such question.

of State

laws.

(4) A State law shall not be declared to be constitutionally in-

valid by the High Court unless—

(a) where the High Court consists of five Judges or more, not less than two-thirds of the Judges sitting for the purpose of determining the validity of such law, hold it to be constitution- ally invalid; and

(b) where the High Court consists of less than five Judges, all the Judges of the High Court hold it to be constitutionally Invalid.

(5) The provisions of this article shall have effect notwithstand-

ing anything contained in this Part.

Explanation.—In computing the number of Judges of a High Court for the purposes of this article, a Judge who is disqualified by reason of personal or pecuniary bias shall be excluded.".

43. After article 257 of the Constitution, the following article shall be

inserted namely: —

Inser- tion of new article 257A.

(i257A. (1) The Government of India may deploy any armed force of the Union or any other force subject to the control of the Union for dealing with any grave situation of law and order in any State.

(2) Any armed force or other force or any contingent or unit thereof deployed under clause (1) in any State shall act in accord- ance with such directions as the Government of India may issue and shall not, save as otherwise provided in such directions, be subject to the superintendence or control of the State Government or any officer or authority subordinate to the State Government.

Assis- tance to States by, deploy- ment of armed forces or other forces of the Union.

(3) Parliament may, by law, specify the powers, functions, privileges and liabilities of the members of any force or any con- tingent or unit thereof deployed under clause (1) during the period of such deployment.".

44. In article 311 of the Constitution, in clause (2),—

Amend- ment of article 311.

(a) the words "and where it is proposed, after such inquiry, to| impose on him any such penalty, until he has been given a rea- sonable opportunity of making representation on the penalty pro- posed, but only on the basis of the evidence adduced during such inquiry" shall be omitted;

(b) for the words "Provided that this clause shall not apply—", the following shall be substituted, namely: —

"Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be im- posed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:

Provided further that this clause shall not apply—".

45. In article 312 of the Constitution,—

(a) in clause (1),—

Amend- ment of article 312.

(i) for the word and figures. "Part XI", the words and figures "Chapter VI of Part VI or Part XI" shall be substituted;

(ii) after the words "all-India services", the brackets and words "(including an all-India judicial service)" shall be inserted;

(b) after clause (2), the following clauses shall be inserted, namely: —

"(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge aa defined in article 236.

(4) The law providing for the creation of the all-India judi- cial service aforesaid may contain such provisions for the amend- ment of Chapter VI of Part VI as may be necessary for giving effect to the provisions .of that law and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368.".

46. After Part XIV of the Constitution, the following Part shall be inserted, namely: —

Inser- tion of new Part XIVA.

'PART XIVA

TRIBUNALS

Adminis- trative tribu- nals, 323A. (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts.in connection with the affairs of the Union or of any State or of any local or other authority within the

territory of India or under the control of the Government of India or of any corporation owned or controlled by the Government.

(2) A law made under clause (1) may—

(a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two or more States;

(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;

(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the juris- diction of the Supreme Court under article 136, with respect to the disputes or complaints referred to in clause (1);

(e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before the establishment of such tribunal as would have been, within the- jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;

(f) repeal or amend any order made by the President under clause (3) of article 371D;

(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.

(3) The provisions of this article shall have effect notwithstand- ing anything in any other provision of this Constitution, or in any other law for the time being in force.

323B. (1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has power to make laws.

Tribu- nals lor other matters.

(2) The matters referred to in clause (1) are the following,

namely: —

(a) levy, assessment, collection and enforcement of any tax;

(b) foreign exchange, import and export across customs frontiers;

(c) industrial and labour disputes;

(d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the

extinguishment or modification of any; such rights or by way of ceiling on agricultural land or in! any other way;

(e) ceiling on urban property;

(•f) elections to either House of Parliament or the House or either¹ House of the Legislature of a State, but excluding! the matters referred to in article 329 and article 329A;

(g) production, procurement, supply and distribution of food- stuffs (including edible oilseeds and oils) and such other goods as the President may, by public notification, declare to be essen- tial goods: for the purpose of this article and control of prices of such goods;

(h) offences against laws with respect to any of the! matters specified in sub-clauses (a) to (g) and fees in respect of any of those matters;

(i) any matter incidental to any of the matters specified in sub-clauses (a) to (h).

(3) A law made under clause (1) may—

(.a) provide for the establishment of a hierarchy of tribunals;

(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said tribunals;

(c) provide for the procedure (including! provisions as to limitation and rules of evidence;) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the juris- diction of the Supreme Court under article 136, with respect to all or any of the matters! falling within the jurisdiction of the said tribunals;

(e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediate- ly before the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment;

(f) contain such supplemental, incidental and consequential provisions (including provisions as to) fees) as the appropriate Legislature may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.

(4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force.

Explanation.~In this article, "appropriate Legislature", in rela- tion to any matter means Parliament or, as the case may be, a State Legislature competent to make laws with respect to such matter in, accordance with the provisions of Part XL',

47. In article 330 of the Constitution, the following Explanation shall be inserted at the end, namely: —

Amend- ment of article 330.

'Explanation.—In this article and in article 332, the expression "population" means the population as ascertained at the last preced- ing census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preced- ing census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2000 have been published, be construed as a reference to the 1971 census.'.

48. In article 352 of the Constitution,—

(a) in clause (1), after the words "make a declaration to that Amend- ment of article 352.

effect", the following shall be inserted, namely: —

"in respect of the whole of India or of such part of the terri- tory thereof as may be specified in the Proclamation";

(b) in clause (2), in sub-clause (a), after the Word "revoked", the words "or varied" shall be inserted;

(c) after clause (2), the following clause shall be inserted, namely: —

" (2A) Where a Proclamation issued under clause (1) is varied by a subsequent Proclamation, the provisions of clause (2) shall, so far as may be, apply in relation to such subsequent Proclama- tion as they apply in relation to a Proclamation Issued under clause (1).".

49. To article 353 of the Constitution, the following proviso shall be added, namely: —

"Provided that where a Proclamation of Emergency is in operation Amend- ment of article 353.

only in any part of the territory of India,—

(i) the executive power of the Union to give directions under clause (a), and

(n) the power of Parliament to make laws under clause (b), shall also extend to any State other than a State in which or in any part of which the Proclamation of Emergency Is in operation if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emergency is in operation.".

50. In article 359 of the Constitution, in clause (4), for the words "six months" wherever they occur, the words "one year" shall be substituted.

Amend- ment of article 356.

51. (I) In article 357 of the Constitution, for clause (2), the following clause shall be substituted, namely: —

Amend- ment of article 35T.

" (2) Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority re- ferred to in sub-clause (a) of clause (1) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue In force until altered or repealed or amended by a competent Legislature or other authority.".

(2) The amendment made by sub-section (1) shall apply to any law referred to in clause (2) of article 357 of the Constitution which is in force immediatelv before the comine into force of this section-

52. To article 358 of the Constitution, the following proviso shall be added, namely: —

Amend- ment of article 358.

"Provided¹ that where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in rela- tion to or in any State or Union territoryl specified in the First Sche- dule in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part Of the territory thereof is threatened by activities in or in relation to the part of the territory of India in which the Proclamation of Emer- gency is in operation.".

53. In article 359 of the Constitution,—

(a) to clause (1A), the following proviso shall be added, name-

Amend- ment of article 359.

l y :-

"Provided tha't where a Proclamation of Emergency is in operation only in any part of the territory of India, any such law may be made, or any such executive action may be taken, under this article in relation to or in any State or Union territory speci- fied in the First Schedule in which or in any part of which the Proclamation of Emergency is not in operation, if and in so far as the security of India or any part of the territory thereof is threatened by activities in or in relation to the part of the terri- tory of India in which the Proclamation of Emergency is in opera- tion."; (b) to clause (2), the following proviso shall be added, namely:—> "Provided that where a Proclamation of Emergency is in operation only in a part of the territory o/f India, any such order shall not extend to any other part of the territory of India unless the President, being satisfied that the security of India or any part of the territory thereof is threatened by activities in or in re- lation, to the part of the territory of India in which the Proclama- tion of Emergency is in operation, considers such extension to be necessary.".

54. In article 366 of the Constitution,—

(a) after clause (4), the following clause shall be inserted, namely: —

Amend- ment of article 366.

' (4A) "Central law" means any law other than a State law;';

(fa) after clause (26), the following clause shall be inserted, namely: —

' (26A) "State law" means-

fa) a State Act or an Act of the Legislature of a Union territory;

(fa) an Ordinance promulgated by the Governor of a State under article 213 or by the administrator of a Union territory under article 239B;

(c) any provision with respect to a matter in the State List in a Central Act made before the commencement of this Constitution;

(d) any provision with respect to a matter in the State List or the Concurrent List in a Provincial Act;

(e) any notification, order, scheme, rule, regulation or bye-law or any other instrument having the force of law made under any Act, Ordinance or provisions referred to in sub- clause (a), sub-clause (b), sub-clause (c) or sub-clause (d) i and

(f) any other law (including any usage or custom haV" ing the force of law) with respect to a matter in the State List.¹.

55. In article 368 of the Constitution, after clause (3), the following -lause shall be inserted, namely:--

" (4) Noi amendment of this Constitution (including the provisions Amend* ntent of article 368.

of Part III) made or purporting to have been made under this article [whether before or after the commencement of section 55 of the Cons- titution (Forty-fourth Amendment) Act, 1976] shall be called in ques- tion in any court except upon the ground that it has nqt been made in accordance with the procedure laid down by this article".

Amend- ment of article 371F.

56. In article 371F of the Constitution, in clause (c), for the words "five years", the words "six years" shall be substituted and for the words "four years" in the two places where they occur, the words "five years" shall be substituted.

57. In the Seventh Schedule to the Constitution,—

(a) in List I—Union List, after entry 2, the following entry shall be inserted, namely: —

Amend- ment of the Seventh Sche-

dule.

"2A. Deployment of any armed force of the Union or any other force subject to the control of the Union or any contingent or unit thereof in any State in aid of the civilpowetr; po(wers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment.";

(b) in List II—State List,—

(i) in entry 1, for the words "the use of naval, military or air forces or any other armed forces of the Union", the words "the use of any naval, military or air force or any other armed force of the Union or of any other force subject to the control of the Union or of any contingent or unit thereof" shall be substituted;

(ii) for entry 2, the following entry shall be substituted, namely: —

"2. Police (including railway and village police) subject to thei provisions of entry 2A of List I.";

(Hi) in entry 3, the words "Administration of justice; consti- tution and organisation of all courts, except the Supreme Court and the High Court;" shall be omitted;

(iv) entries 11, 19, 20 and 29 shall be omitted;

(v) in entry 55, the words "and advertisements broadcast by radio or television" shall be inserted at the end;

(c) in List III—Concurrent List,—

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

"11A. Administration of justice; constitution and orga- nisation of all courts, except the Supreme Court and the High Courts":

(ii) after entry 17, the following entries shall be inserted* namely:—

"17A. Forests. 17B. Protection of wild animals and birds.'";

(Hi) after entry 20, the following entry shall be inserted,

namely: —

"20A. Population control and family planning.";

(iv\ for entry 25, the following entry shall be substituted,

namely; —

"25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour ."; (v) after entry 33, the following entry shall be inserted, namely: —

"33A. Weights and measures except establishment of standards.".

Special provi- sions as to pending petitions under article 226.

58. (1) Notwithstanding anything contained in the Constitution, every petition made under article 226 of the Constitution before the appointed day and pending before any High Court immediately before that day (such petition being referred to in this section as a pending petition) and any interim order (whether by way of injunction or stay or in any other manner) made on or in any proceedings relating to, such petition before that day shall be dealt with in accordance with the provisions of article 226 as substituted by section 38.

(2) In particular, and without prejudice to the generality of the provi- sions of sub-section (1), every pending petition belfore a High Court which would not have been admitted by the High Court under the provisions of article 226 as¹ substituted by section 38 if such petition had been made after the appointed day, shall abate and any interim order (whether by way of injunction or stay or in any other manner) made on or in any proceed- ings relating to, such petition shall stand vacated:

Provided that nothing contained in this sub-section shall affect the right of the petitioner to seek relief under any other law for the time being in force in respect of the matters to which such petition relates and in com- puting the period of limitation, if any, for seeking such relief, the period during which the proceedings relating to such petition were pending in the High Court shall be excluded.

(3) Every interim order (whether by way of injunction or stay or in any other manner) which was made before the appointed day, on or In any proceedings relating to, a pending petition [not being a pending petition which has abated under sub-section (2)], and which is in force on that day, shall, unless before the appointed day copies of such pend- ing petition and of documents in support of the plea for such interim order had been furnished to the party against whom such interim order was made and an opportunity had been given to such party to be heard in the matter, cease to have effect (if not vacated earlier),—

(a) on the expiry of a period of one month from the appointed day, if the copies of such pending petition and the documents in support of the plea for the interim order are not furnished to such party before the expiry of the said period of one month; or

(b) on the expiry of. a period of four months from the appointed day, if the copies referred to in clause (a) have been furnished to such party within the period of one month referred to in that clause but such party has not been given an opportunity to be heard in. the matter before the expiry of the said period of four months.

(4) Notwithstanding anything contained in subsection (3), every interim order (whether by way of injunction or stay or in any other manner) which was made before the appointed day on or in any proceed- ings relating to a pending petition [not being a pending petition which has abated under sub-section (2)]> and which is in force on that day, shall, if such order has the effect of delaying any inquiry into a matter of public importance or any investigation or inquiry into an offence punishable with imprisonment or any action for the execution of any work or project of public utility, or the acquisition of any property for such, execution, by the Government or any corporation owned or controlled by the Government,, stand vacated.

Explanation.—In this section, "appointed day" means the date on which section 38 comes into force.

59. (2) If any difficulty arises in giving effect to the provisions of the Power of the Presi- dent to remove difficul- ties.

Constitution as amended by this Act (including any difficulty in relation to .the transition from the provisions of the Constitution as they stood im- mediately before the date of the President's assent to this Act toi the pro- visions of the Constitution as amended by this A ^t), the President may, by order, make such provisions, including any adaptation or modification of any provision of the Constitution, as appear to him to be necessary or ex- pedient for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiry of two years from the date of such assent.

(2) Every order made under sub-section (I) shall, as soon as may be after it is made, be laid before each House of Parliament.

STATEMENT OF OBJECTS AND REASONS

A Constitution to be living must be growing. Itf the impediments to the growth of the- Constitution are not removed, the Constitution will suffer a virtual atrophy- The question of amending the Constitution for removing the difficulties which have arisen in achieving the objective of socio-economic revolution, which would end poverty and ignorance and disease and inequality of opportunity, has been engaging the active atten- tion of Government and the public for some years now.

2. The democratic institutions provided in the Constitution arc basi- cally sound and the path for progress does not lie in denigrating any of these institutions¹, However, there could be no denial that these institu- tions have been subjected to considerable stresses and strains and that vested interests have been trying to promote their selfish ends to the great detriment of public good.

3. It is, therefore, proposed to amend the Constitution to spell out expressly the high ideals of socialism, secularism and the integrity of the nation, to make the directive principles more comprehensive and give them precedence over those fundamental rights which have been allowed to be relied upon to frustrate socio-economic reforms for implementing the directive principles. It is also proposed to specify the fundamental duties of the citizens and make special provisions for dealing with anti- national activities, whether by individuals or associations.

0. It is proposed to avail of the present opportunity to make certain other amendments which have become necessary in the light of the working of the Constitution.

7. The various amendments proposed In the Bill have bean explained in the notes on clauses.

8. The Bill seeks to achieve the above objects.

N EW DELHI;

H. R. GOKHALE.

The 28th August, 1976,

Notes on clauses

Clause 2.—The concepts of secularism, socialism and integrity of the Nation are implicit in the Constitution. These have been clearly spelt out in the amendments toi the Preamble.

Clause 4.—Article 31C, as presently worded, saves only laws giving effect to the directive principles specified in clause (b) and clause (c) of article 39 from attack on the ground of infringement of fundamental rights contained in articles 14, 19 and 31. The amendment greeks to widen the scope of the article so as to cover all the directive principles enume- rated in Part IV.

Clause 5—This amendment provides for the making of a Parliament- ary law to prevent or prohibit anti-national activities and to prevent or prohibit the formation of anti-national associations. The expressions 'anti-national activities' and 'anti-national associations' have been denned in detail. The law made by virtue of this amendment shall not be deemed to be void on the ground that it takes away or abridges any of the funda- mental rights conferred by articles 14, 19] and 31,

Clause 6.—This clause seeks to insert a new article 32A to provide that the Supreme Court shall have no jurisdiction to decide the consti- tutional validity of a State law in any proceedings under article 32. unless the validity of a Central law is also in issue in such proceedings. The High Court will have no jurisdiction in such cases.

Clauses 7 to 10—Article 39 is being amended to emphasize the cons-

tructive role of the State with regard to children-

New directives are being added in Part IV to provide for—

(1) free legal aid to economically backward classes;

(2) participation of workers in the management of organisations

engaged in any industry;

(3) protection and improvement of environment and safeguard-

ing of forests and wild life.

Clause 11.—The Constitution does not contain any provisions specify- ing the fundamental duties of the citizens. New Part IV-A proposed in this clause enumerates these fundamental duties.

Clause 13.—The President acts on the advice of the Council of Minis-

ters. It is being made explicit by this amendment that he shall be bound by such advice.

Clauses 14 and 28-—Article 77 (3) provides for the framing of rules for the convenient transaction of Government business which rules are treated by the Government as confidential. However, as courts have been found to summon these rules for production, it is considered that this should be prevented. A new clause is, therefore, being added to provide that no court or authority shall compel their production.

A similar provision is being made in artiele 166.

Clauses 12, 15, 16, 29 and 47.—In the eontext of the intensification of the family planning programmes of the Government, it is considered that not only the allocation of seats in the House of the People to the States and the total number of seats in Legislative Assemblies of the States but also the extent of parliamentary and assembly constituencies and the Reservation of seats for Scheduled Castes and Scheduled Tribes as deter- mined on the basis of the 1971 census, should bo frozen till the year 2001. It is accordingly proposed to amend the relevant articles, namely, articles 81 and 82 relating to the Lok Sabha, article 170 relating to the Legislative Assemblies of States, article 55 relating to the manner of election of the President and articles 330 and 332 relating to reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha and the Legis- lative Assemblies of States- Provision is also being made to the effect that whenever after a census, delimitation is undertaken, such delimita- tion is to take effect from the date to be specified by the President.

Clauses 17, 30 and 56.—It is proposed to change the duration of the Lok Sabha and the State Legislative Assemblies from five to six years. A consequential amendment is made in article 371F(c) relating to Sikkim Legislative Assembly.

Clauses 18, 22, 31 and 35.—Presently under article 100 the quorum for constituting a meeting of either House of Parliament is one-tenth of the total number of members. This provision can only be altered by a Parliamentary law. The relevant provisions are proposed to be omitted from article 100 and power is being taken to do it by means of rules under article 118- Similar provisions are being made in relation to the State Legislatures by amending articles 189 and 208.

Clauses 19 and 32.—Sub-clause (a) of clause (1) of article 102 pro- vides that a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he holds an office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder. The existing position has led to a great deal of uncertainty. The sub-clause is sought to be amended to provide that a person shall be so disqualified if he holds any such office of profit under the Government of India or the Government of any State as is declared by Parliament by law to disqualify its holder.

Similar provision is being made in article 191 (1) (a) relating to State Legislatures but the power toi specify the offices will vest in Parliament instead of in the State Legislature.

Clauses 20 and 33.—The amendment proposed in clause 20 enlarges the scope of article 103. The question as to whether a member has

become subject to any disqualification mentioned in clause (1) of article 102 as also the question whether a person is disqualified for being chosen as a member of either House of Parliament, etc, on the ground of being found guilty of a corrupt practice, including the question as to the period of disqualification or as to the removal or the reduction of the period of such disqualification, shall be decided by the President after consulting the Election Commission, which, is empowered to hold an inquiry in this be- half. It is proposed to amend article 192 on similar lines.

Clauses 21 and 34.—This clause seeks to amend clause (3) of article 105 which provides that the powers, privileges and immunities of each House of Parliament and of its members and committees thereof shall be those of the House of Commons or of its members and committees until they are denned by a Parliamentary law. The amendment proposed is that the powers, privileges and immunities aforesaid of either House of Parliament and of the members and the committees thereof shall be evolved by such House from time to time. A similar modification is being made in clause (3) of article 194 which relates to State Legislatures,

Clause 36.—This amendment relates to the qualifications to be fulfilled by a person for appointment as a High Court Judge. Sub-clause (b) of clause (2) of article 217 is being, amended to provide that a distinguished jurist is also qualified for appointment as a High Court Judge. This amendment also provides that hereafter the period spent by a person, after he became an advocate^ as a member of a Tribunal or as the incum- bent of any post, under the Union or a State, requiring special knowledge in law shall be taken into account for the purpose of computing the period during which such person has been an advocate.

Clause 37.—This is a consequential amendment of article 225 following insertion of new article 323B which provides for the exclusion of the jurisdiction of the High Courts and the Supreme Court (except the jurisdiction under article 136) and for the setting up of tribunals, in res- pect of certain specified matters including matters concerning the re- venue.

Clauses 38 and 58.—Clause 3'3 seeks to amend article 226 to a signi- ficant extent. While the High Courts continue to enjoy their power to enforce fundamental rights, they cannot hereafter exercise jurisdiction in every case where there is an invasion of a legal right which, so far, they have been doing by virtue of the jurisdiction conferred by the expression 'for any other purpose' which is being deleted now. Instead, the High Courts are being vested with a restricted jurisdiction. They can exercise jurisdiction in (a) cases where there is a contravention of a statutory provision causing substantial injury to the petitioner, and (b) cases where there is an illegality resulting in substantial failure of jus- tice. In either case, the petitioner has to satisfy the court that he has no other remedy.

Provision is being made under clause 38 that the High Courts shall not issue an interim order ordinarily except upon notice to the other side and after giving the other side an opportunity to be heard. An exception is made in cases where the loss or damage to the petitioner cannot be compensated in money. Notwithstanding this exception, the High Courts shall have no power to grant an interim order in any case where the effect of such order is to delay any inquiry into a matter of public importance or any investigation or inquiry into an offence punish- able with imprisonment or any action for the execution of any work/ project of public utility, etc.

Provision is also being made in clause 58 to cover petitions pending in the High Courts.

Clauses 39 and 42.—These amendments seek to exclude from the jurisdiction of High Courts questions as to constitutional validity of Central laws and provide for the minimum number of Judges of a High Court who shall sit for determining any questions as to the constitu- tional validity of a State law. The minimum number is fixed at five but where a High Court consists! of less than five Judges, all the Judges of the High Court sitting together can hear such questions. Any Judge disqualified by reason of pecuniary or personal bias has to be excluded in computing the number of. Judges of a High Court. Where the number of Judges hearing a question as to the constitutional validity is not less¹ than five, the decision as to constitutional invalidity shall be by

a majority of not less than two-thirds and where the number of Judges is less than five, the law in issue cannot be declared to be constitu- tionally invalid unless all the Judges hold it to be constitutionally invalid.

Clause 40-—This clause seeks to amend article 227 to omit the refer- ence to tribunals occurring in clause (1) of the article and make it clear that nothing in that article shall be construed as giving to a High Court any jurisdiction to question any judgment of any inferior court which is not otherwise subject to appeal or revision.

Clause 41.—This amendment is consequential to the insertion of new article 131A.

Clause 43.—By this amendment a new article 257A is inserted. to empower the Union to send any armed force or other force of the Union for dealing with any grave situation of law and order in any State. Such force shall act in accordance with the directions of the Central Govern- ment and shall not be subject to the control of the State Government. Provision is also being made to empower Parliament to define the powers, functions and the liabilities of the members of such force.

Clause 44.—This clause seeks to amend article 311 (2) denying the Government servant the opportunity to make a representation at the second stage of the inquiry against the penalty proposed to be imposed on him.

Clause 45.—This clause seeks to amend article 312 of the Constitution relating to all-India Services to provide for the creation of an all-India Judicial Service by a Parliamentary law. Such Service shall not include any post inferior to that of a district judge.

Clause 46.—This clause seeks to insert a new Part XIVA, which consists of articles 323A and 323B. The former provides for the setting up of Administrative Tribunals by a Parliamentary law for determining disputes relating to the recruitment and conditions of service of Union Government servants and servants of the State including the employees of any local or other authority within the territory of India or under the control of the Government of India or of a corporation owned or control- led by the Government. Such law will provide for the constitution of a tribunal for the Union and for a separate tribunal for each State or for two or more States and define the jurisdiction and powers of such tri- bunals.

New article 323B provides for the creation of tribunals for the deter- mination of disputes, complaints and offences respecting the various matters specified therein.

Clauses 48. 49, 52 and 53.—At present, a Proclamation of Emergency cannot be made in respect of a part of the country. The amendments proposed in these clauses are for enabling the President to make a Pro- clamation of Emergency in respect of a part of the country or, as the case may be, to restrict a Proclamation of Emergency made in respect of the country as a whole to a part of the country.

Clauses 50 and 51.—Under the existing article 356, a Proclamation approved by Parliament ceases to be in operation after a period of six months unless revoked earlier and can be renewed for a period of six months at a time but in no case beyond a total period of three years. The period of six months is now being enlarged to one year. Clause (2) of article 357 is being substituted by a new clause to the effect that any law made by Parliament or the President or any other autho- rity in exercise of the powers of the State Legislature under article 356 shall continue in force until altered, repealed or amended by the com- petent Legislature or other authority.

Clause 54.—By this amendment, the expressions 'Central law' and 'State law' are being defined. This has become necessary because of the division of jurisdiction between the Supreme Court and. the High Courts as regards the determination of the Constitutional validity of Central and State laws.

Clause 55.—This clause seeks to amend article 368 to clarify the true

scope of that article.

Clause 57.—The amendments made by this clause seek either to amend the existing entries in the lists of the Seventh Schedule or to transpose certain entries or subjects in certain entries from one List to another. The entries or\subjects which have been transposed from List II to" List III are (1) administration of justice, constitution and organi- sation of all courts except the Supreme Court and the High Courts (2) education (3) weights and measures (4) forests and (5) protection of wild animals and birds. It is also proposed that taxes on advertisements broadcast by radio or television should be excluded from the purview of entry 55 of the State List.

Clause 59.—This clause provides for the removal of difficulties.

S. L. SHAKDHER,

Secretary-General,

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