REGISTERED No. D- ( D) -72
रजिस्ट्री सं ० डी-(डी) -72
भारत का राजपत्र The Gazette of India
असाधारण
17.
EXTRAORDINARY
भाग II-क्षण्ड 2
PART II-Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 21]
नई दिल्ली, बुधबार, जूलाई 20 , 1977 / भाषाद 29, 1899
No. 21]
NEW DELHI , WEDNESDAY, JULY 20 , 1977/ ASADHA 29 , 1899
इस भाग में भिन्न पृष्ठ संख्या की जाती हैं जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
LOK SABНА
The following Bills were introduced in Lok Sabha on the 20th July , 1977 :-
BILL NO . 69 OF 1977
A Bill further to amend the Tea Act , 1953 .
BE It enacted by Parliament in the Twenty- eighth Year of the Republic of India as follows : --
1. This Act may be called the Tea (Amendment ) Act, 1977.
29 of 1953 .
2. In section 9 of the Tea Act , 1953 (hereinafter referred to as the principal Act) ,-
Short title .
(a) in sub - section ( 1 ),-
Amend- ment of section 9.
(1) clause ( a) shall be re -lettered as clause ( aa) and before clause ( aa) as so re - lettered , the following clause shall be insert- ed, namely: -
"( a) a Deputy Chairman to the Board who shall assist the Chairman in the performance of his duties and exercise such of the powers and perform such of the duties as may be prescribed or as may be delegated to him by the Board or by a Committee constituted by the Board under section 8 or by the Chairman ; " ;
(vi) in clause ( b ) , for the words "a salary of rupees one thousand or more per month " , the words " a salary exceeding rupees one thousand seven hundred per month " shall be substi- tuted;
(411 )
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[PART II- 412
(b) in sub - section ( 3 ) , for the words " Secretary and other employees" , the words " Deputy Chairman , Secretary and other em- ployees " shall be substituted
3. In section 49 of the principal Act,-
Amend.. ment of section 49.
(a) in sub-section ( 2 ) , in clause ( d), for the word " Secretary " , the words "Deputy Chairman , Secretary " shall be substituted ;
(b ) in sub - section ( 3 ) , for the words " in two successive sessions , and if, before the expiry of the session in which it is so laid or the session immediately following " , the words " in two or more successive sessions , and if, before the expiry of the session immediately follow- ing the session or the successive sessions aforesaid " shall be substı- tuted.
4. In section 50 of the principal Act , in sub-section ( 1 ) , in clause ( b ) , for the word " Secretary " , the words "Deputy Chairman , Secretary " shall be substituted .
Amend . ment of section 50.
SEC. 2 ]
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413
STATEMENT OF OBJECTS AND REASONS
The Tea Board was set up under the Tea Act , 1953 for the develop- ment and promotion of tea industry under the control of the Union .
2. Under sub -section ( 1 ) of section 9 of the Tea Act , 1953 , the power to appoint a Secretary to the Board and all other officers of the Board drawing a salary of Rs 1,000 or more per month vests in the Central Government On the basis of the recommendations of the Third Pay Commission there has been upward revision in the pay structure of the officers and employees of the Board The Task Force on tea industry suggested that the Tea Board may be empowered to make appointments to posts carrying a salary of not more than Rs . 1,800 per month. As the nearest pay scale of officers of the Board below Rs . 1800 is Rs 1300- 1700 it is proposed to amend sub - section (1 ) of section 9 to empower the Central Government to make appointments to posts carrying a scale of pay exceeding Rs . 1,700 per month instead of Rs . 1,000 as at present .
3. An officer designated as Deputy Chairman is functioning in the Board but he is not an authority named in the Act . The Task Force felt that this hinders his effective functioning in the Tea Board In fact, in the absence of the Chairman , the Deputy Chairman has to function as the Chairman The Task Force has, therefore , recommended amend- ment of section 9 to provide for the appointment of Deputy Chairman to assist generally the Chairman and to exercise such powers and perform such duties as may be prescribed by rules or delegated to him by the Board or its committees or the Chairman ,
4. Opportunity is taken to make some consequential amendments in the Act and to modify sub -section ( 3 ) of section 49 relating to laying of rules before Parliament to bring it in conformity with the recommenda . tion of the Committee on Subordinate Legislation .
5. The Bill seeks to achieve the above objects .
MOHAN DHARIA
NEW DELHI;
The 13th July, 1977 .
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[PART II- 414
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 3 ( a ) of the Bill seeks to amend clause ( d) of sub- section ( 2 ) of section 49 of the Act so as to empower the Central Government to make rules regarding the pay , allowances and other conditions of ser- vice of the Deputy Chairman,
Clause 4 of the Bill seeks to amend clause (b ) of sub- section ( 1 ) of section 50 to empower the Tea Boardto make by - laws consistent with the Act and the rules made thereunder to provide for the delegation of powers and duties to the Deputy Chairman
The matters in respect of which such rules and by - laws may be made are generally matters of procedure and administrative detail The dele- gation of the legislative power is , therefore , of a normal character.
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SEC 2 ]
415
BILL NO . 70 OF 1977
A Bill further to amend the Petroleum Act , 1934
BE It enacted by Parliament in the Twenty- eighth Year of the Republic of India as follows : -
Short title.
1. This Act may be called the Petroleum (Amendment ) Act , 1977 .
30of 1934,
Amend. ment of section 26.
2 In section 26 of the Petroleum Act , 1934 ( hereinafter referred to as the principal Act ) , in sub -section ( 2 ) , for the words and figures "Code of Criminal Procedure , 1898 " , the words and figures " Code of Criminal Procedure , 1973 " shall be substituted .
Amend- ment of section 27 .
3. In section 27 of the principal Act, for the words " Chief Inspector of Explosives in India " , the words " Chief Controller of Explosives " shall be substituted ,
4. In section 28 of the principal Act ,-
Amend- ment of section 28 .
(i ) in sub- section ( 1 ) , for the words and figures " Code of Crimi- nal Procedure , 1898 " , the words and figures " Code of Criminal Proce- dure , 1973 " shall be substituted;
(ii ) in sub -section (4) , for the words " Chief Inspector of Explo- sives in India" , the words "Chief Controller of Explosives " shall be substituted .
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[PART II- 416
Amend- 5. In section 29 of the principal Act , after sub- section (3) , the follow- ing sub - section shall be inserted, namely: -
ment of section 90,
"(4) Every rule made under this Act shall be laid , as soon as may be after it is made , before each House of Parliament , 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, before the expiry of the session immediately following the session or the suc- cessive sessions aforesaid , both Houses agree in making any modifica- tion in the rule , or both Houses agree that the rule should 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 in the validity of anything previously done under that rule. " .
SEC . 2 ]
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417
STATEMENT OF OBJECTS AND REASONS
The Committee on Subordinate Legislation ( Fifth Lok Sabha) in their Fourteenth Report desired that the Government should undertake a re- view of all Acts to find out which of them do not contain a provision for laying of rules framed thereunder before Parliament and should incorporate such a provision in those Acts . As the Petroleum Act , 1934 , does not contain such a provision, the Bill seeks to include such a pro- vision in that Act .
2. The opportunity is availed of to change the references to the Chief Inspector of Explosives in India and the Code of Criminal Procedure , 1898, into references to the Chief Controller of Explosives and the Code of Criminal Procedure , 1973 , respectively .
GEORGE FERNANDES .
NEW DELHI; The 13th July , 1977 .
AVTAR SINGH RIKHY ,
Secretary.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 1977