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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 32] NEW DELHI FRIDAY, NOVEMBER, 18, 1977/KARTTKA 27, 1899

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

BILL NO 129 OF 1977

The following Bills were introduced in Lok Sabha on the 18th Novem- ber, 1977

BILL NO 129 OF 1977

A Bill further to amend the Advocates Act, 1961.

BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows —

1 (1) This Act may be called the Advocates (Amendment) Act, 1977.

(2) It shall be deemed to have come into force on the 31st day of

Short title and com- mence- ment.

October, 1977

25 of 1961,

Amend- ment of section 3.

2. In section 3 of the Advocates Act, 1961 (hereinafter referred to as the principal Act), for sub-sections (3) and (3A), the following sub- sections shall be substituted, namely —

"(3) There shall be a Chairman and a Vice-Chairman of each State Bar Council elected by the Council in such manner as may be prescribed

(3A) Every person holding office as Chairman or as Vice- Chairman of any State Bar Council immediately before the com- mencement of the Advocates (Amendment) Act, 1977, shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be

Provided that every such person shall continue to carry on the duties of his office until the Chairman or the Vice-Chairman, as

(571)

the case may be, of each State Bar Council, elected after the com- mencement of the Advocates (Amendment) Act, 1977, assumes charge of the office.".

3. (1) In section 4 of the principal Act,—

Amend- ment of section 4.

(i) in sub-section (1), clause (bb) shall be omitted,

(ti) for sub-sections (2) and (2A), the following sub-sections

shall be substituted, namely: —

"(2) There shall be a Chairman and a Vice-Chairman of the Bar Council of India elected by the Council in such manner as may be prescribed.

(2A) A person holding office as Chairman or as Vice- Chairman of the Bar Counal of India immediately before the commencement of the Advocates (Amendment) Act, 1977, shall, on such commencement, cease to hold office as Chairman or Vice-Chairman, as the case may be-

Provided that such person shall continue to carry on the duties of his office until the Chan man or the Vice-Chairman, as the case may be, of the Council, elected after the commencement of the Advocates (Amendment) Act, 1977, assumes charge of the office.".

4. (1) In sub-section (I) of section 8 of the principal Act, for the

words "four years", the words "five years" shall be substituted.

Amend- ment of section 8

(2) The amendment made by sub-section (1) to sub-section (1) of section 8 of the principal Act shall apply also to an elected member of every State Bar Council who has not completed the term of four years at the commencement of this Act.

5. In sub-section (2) of section 15 of the principal Act,—•

(i) before clause (d), the following clause shall be inserted,

Amend- ment of section ¹ Bi.

namely —

"(c) the manner of election of the Chairman and the Vice-

Chairman of the Bar Council;";

(ii) in clause (d), after the words "election to the Bar Council", the words " or to the office of the Chairman or Vice-Chairman" shall be inserted.

6 In section 34 of the principal Act, after sub-section (7A), the

following sub-section shall be inserted, namely: —

Amend- ment of Section 34

"(2) Without prejudice to the provisions contained in sub-section (1), the High Court at Calcutta may make rules providing for the holding of the Intermediate and the Final examinations for articled clerks to be passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State roll and any other matter connected therewith ".

7. In the principal Act, after section 58AF, the following section shall be inserted, namely: —

Inser- tion of new sec- tion 58AC3-.

Special provisions in relation to article- ed clerkSi

107 of 1976.

"58AG. Notwithstanding anything contained in this Act, every person who, immediately before the 31st day of December, 1976, has commenced his articleship and passed t he Preliminary examination, for the purpose of enrolment as an attorney of the High Court at Calcutta in accordance with the rules made under sub-section (2) of section 34, before the omission of that sub-section by the Advocates (Amendment) Act, 1976, may be admitted as an advocate on the State roll if he—

(i) passes, on or before the 31st day of December, 1980,—

(a) the Final examination in a case where such person has, before the 31st day of December, 1976, passed the Inter- mediate examination,

(b) the Intermediate and the Final examinations in any other case.

Explanation.—For the purpose of this clause, the High Com I at Calcutta may prescribe such rules as may be necessary under sub-section (2) of section 34, specifying the nature of the exami- nations and any other matter relating thereto;

(ii) makes an application for such enrolment m accordance With the provisions of this Act, and

{in) fulfils the conditions specified in clauses (a), (b), (e) and (/) of sub-section (1) of section 24".

8. (1) The Advocates (Amendment) Ordinance, 1977, is hereby 16 of 1977.

repealed.

Repeal and saving.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act, as amended by this Act.

STATEMENT OF OBJECTS AND REASONS

The Advocates (Amendment) Act, 1976 made several changes in the Advocates Act, 1961. According to the amended Act, the Attorney- General of India and the Advocates-General of the States became the ex offiao Chairman of the Bar Council of India and the State Bar Councils, respectively. The Solicitor-General of India became the ex officio Vice- Chairman of the Bar Council of India; and the senior-most Advocate from among the elected members of the State Bar Council became the Vice- Chairman of the Council. In the case of the State Bar Council of Delhi, an advocate, nominated by the Central Government, became the Chair- man The Central Government was also empowered to nominate one officer as a member o± the Bar Council of India for a period of two years.

2. This amendment has been criticised by several Bar Councils and the members of the public and the legal profession as a retrograde step and as not conducive to the efficient and proper running of the Bar Councils and one which sets at naught the very fundamentals of auto- nomy of an independent profession The Central Government has consi- dered the matter de novo and it is proposed to amend the Act to restore the democratic principle of elected Chairman and Vice-Chairman for the Bar Council of India and the State Bar Councils The provisions em- powering the nomination of an officer on the Bar Council of India is also proposed to be omitted

To avoid any disruption m the day-to-day working of the Bar Councils,

it is provided that the existing Chairman and Vice-Chairman shall carry on the duties of his respective office till the new Chairman or Vice- Chairman, as the case may be, duly elected, assumes charge of the office.

3. Section 8 of the Act provides for a term of four years for office of elected members of the State Bar Council. As election to the State Bar Councils is a time-consuming process and involves considerable expendi- ture, the term of office of the members of the State Bar Councils, in relation to which the term has not already expired, is proposed to be increased to five years from the existing four years,

4. One of the major changes brought about by the Advocates (Amend- ment) Act, 1976, was the abolition of the dual system, in the High Courts of Bombay and Calcutta. In Calcutta, however, it was not necessary to possess a Degree in Law for a person to enter into agreement of article- ship, In order to remove the hardship caused to the articled clerks who have entered into agreement of articleship before the 31st December, 1976 and who have passed the preliminary examination but hot passed the Intermediate/Final examination, it is proposed to empower the Calcutta High Court to hold the Intermediate/Final examination up to 31st December, 1980 for the aforesaid articled clerks, and such of thoSfl articled clerks who pass the Final examination will be eligible to be enrolled as advocates,

5 Since Parliament was not in session and urgent action was called for it was considered necessary to issue the Advocates (Amendment) Ordinance, 1977 and in? same was promulgated oh the 3lst October, 1977.

6 This Bill seeks to replace the Ordinance by an. Act of Parliartierit.

NEW DELHI; .

SHANTI BHUSHAN.

The 1th November, 1977.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 5 of the Bill empowers a Bar Council to make rules with res- pect to the manner of election of the Chairman and the Vice-Chairman and the manner in which and the authority by which doubts and dis- putes as to the validity of such elections shall be decided.

2. Clause 6 of the Bill seeks to insert a new sub-section (2) in section 34 of the Advocates Act, 1961 empowering the High Court of Calcutta to make appropriate rules providing for the holding of the Intermediate and the Final examinations for articled clerks to be passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State roll and any other matter connected therewith

3 The matters in respect of which such rules may be made are matters of detail and it is not practicable to provide for them in the Bill The delegation of legislative power is, therefore, of a normal character.

BILL NO 127 OF 1977

A Bjll to repeal the Banking Service Commission Act, 1975

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

Republic of India as follows-- -

1 (I) This Act may be called the Banking Service Commission

(Repeal) Act, 1977.

Short title and com- mence- ment.

(2) It shall be deemed to have come into force on the 19th day of

September, 1977

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

Defini- tions.

(a) ''appointed day" means the 19th day of September, 1977;

(b) "Banking Service Commission" means the Banking Service Commission established under section 3 of the Banking Service Com- mission Act, 1975.

42 of 1975.

3 On the appointed day the Banking Service Commission Act, 1975, shall stand repealed and the Banking Service Commission shall stand dissolved

Repeal of Act 42 of 1975 and the dissolu- tion of the Banking Service Commis- sion.

4. On the dissolution of the Banking Service Commission,—

(a) (i) the person appointed as the Chairman of the Banking Conse- quential provi- sions.

Service Commission, and

(ii) every other person appointed by the Banking Service Com- mission,

and holding office as such immediately before the appointed day shall vacate their respective offices and no such Chairman or other person shall be entitled to cliini any compensation for the premature termination of the term of his office or of any contract of service;

(b) any proceeding of whatever nature pending before the Banking Service Commission immediately before the appointed day shall stand terminated;

(c) the balance of all monies (including any fee) received by, or advanced to, the Banking Service Commission and not spent by it before the appointed day shall, on the appointed day, stand trans- ferred to, and shall vest in, the Central Government and shall be utilised for the purposes of clauses (e) and (f);

(d) all property of whatever kind owned by, or vested in, the Banking Service Commission immediately before the appointed day, shall, on the appointed day, stand transferred to, and "shall vest in, the Central Government;

(e) all liabilities and obligations of whatever kind incurred by the Banking Service Commission and subsisting immediately before the appointed day shall, on and from the appointed day, be deemed to be the liabilities or obligations, as the case may be, of the Central Government; and any proceeding or cause of action, pending or exist- ing immediately before the appointed day by or against the Banking Service Commission in relation to such liability or obligation may, as from the appointed day, be continued or enforced by or against the Central Government

Explanation —For the purposes of this clause, "liability" does not include any liability for any money advanced to the Banking Service Commission under sub-section (3) of section 19 of the Banking Ser- vice Commission Act, 1975;

42 of 1975

42 of 1975.

(f) nil monies vested in the Cential Government under clause (c) shall, after deducting the amount incurred for discharging the liabilities and obligations under clause (e), be refunded by the Cen- tral Government to each public sector bank as defined in clause (fi) of section 2 of the Banking Service Commission Act, 1975, in pro- portion to the amount advanced by such public sector bank to the Banking Service Commission under sub-section (3) of section 19 of that Act

5. (1) The Banking Service Commission (Repeal) Ordinance, 1977, 10 of 1977 is hereby repealed

Repeal and saving.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.

STATEMENT OF OBJECTS AND REASONS

The Baniuny Ben vice Commission Act, 1975, was enacted with a view to providing fuv thi- establishment of a Commission foi¹ the selection of personnel foi appointment to sorvicps and posts in public sictoi banks. Although the Banking Service Con.^ission was established Ute in Feb- ruary, 1977, it had not started actual recruitment of personnel for public sector banks. The need for such a Commission was reviewed and it was felt that a centraLsed system of recruitment m banks, as envisaged by that Act, was likely to interfere with the autonomy and flexibility in the functioning of the public sector banks and that having regard to the large number of persons to be recruited each year, such a system, even with re^onal offices, was likely to make the recnutrnent process unwieldy and cumbersome The object of attaining uniformity, impar- tiality and objectivity in selection procedures continues to be important, and ]t was felt that this could be better achieved zf suitable guidelines were issued by the Central Government to the banks and a machinery established which will function in a decentralised manner and which will also be run by the banks themselves It was, therefore, decided to repeal the Banking Service Commission Act, 1975, and to dissolve the Banking Service Commission, with suitable saving provisions The Banking Service Commission (Repeal) Ordinance, 1977, was accordingly promulgated on tho 19th September, 1977. The Bill seeks to replace the Ordinance

H M. PATEL.

NEW DELHI;

The 5th November, 1977

F I N A N C I AL M E M O R A N D UM

Sub-clauses (c) a nd (d) of clause 4 of t he Bill provide t h at Ike bal- ance of all monies received by, or advanced to, t he B a n k i ng Service Cammission a nd n ot spent by it as well as all p r o p e r ty of w h a t e v er kind owned by, or vested in, the Commission shall stand transferred to, and shall vest in, the Central Government. The total amount of the balance money so transferred to the Central Government is Rs. 7,55,390.66.

2, Under sub-clause (e) of clause 4 of the Bill all liabilities and obligations of whatever kind incurred by the Banking Service Commis- sion and subsisting shall be deemed to be the liabilities or obligations ef the Central Government The known liabilities and obligations assumed by the Central Government under this sub-clause work up t" Ks. 20,000/-

3. Under sub-clause (f) o{ clause 4 of the Bill, all monies vested in the Central Government under sub-clause (c) of that clause shall, after deducting the amount incurred for discharging the liabilities and obliga- tions under sub-clause (e) of that clause, be refunded by the Central Government to each public sector bank in proportion to the amount ad- vanced by such public sector bank to the Banking Service Commission Binder sub-section (3) of section 19 of the Banking Service Commission Act, 1975. The total amount so required to be refunded to public sector banks is likely to be Rs, 7,35,390.66.

4 lhe Bill if enacted and brought into operation is not likely t# involve any recurring or non-recurring expenditure from the Conso- lidated Fund of India,

Memorandum regarding modification contained in the Bill to replace the

Banking Service Commission (Repeal) Ordinance, 1977.

The Bill closely follows the Ordinance with a slight mdoiflcatiwi

explained below

2 In sub-clause (c) of clause 4 of the Bill, the words, brackets and letters "and shall be utilised for the purposes of clauses (e) and (f)" have been inserted at the end Thi= modification is of a clarificatory nature.

BILL N O. 128 ov 1977

A Bill to amend the Enemy Property Act, 1968

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

Republic of India as follows.—

1. (1) Tlrib Act may be called the Enemy Property (Amendment) Act,

1977.

(2) It shall be deemed to have come into force on the 27th day of

Short title and com. mence- ment.

September, 1977.

34 9t 1"88.

Amend- ment of long title.

3. In the long title of the Enemy Property Act, 1968 (hereinafter referred to as the principal Act), after the words and figures "Defence of Indiy Rules., 1962", the words and figures "and the Defence of India Rules, 1971" shall be inserted.

Amend- ment of section 2

42 of 1971, \i In clause (b) of section 2 of the principal Act, after the words and ii^ures "Defence ot India Rules, 1962", the words and figures "or the Defence of India Act, 1971 and the Defence of Tndia Rules, 1971" shall be inserted

Amend- ment of .section 3

4, In the proviso to section 3 of the principal Act, after the words and¹ figures "Defence of India Rules, 1962", the words and figures "or the Defence of Tudio Rules, 1971, as the cast' may be" shall be inserted

Amend- ment of section 4.

5. In the proviso to section 4 of the principal Act, after the words and figures "Defence of India Rules, 1962", the words and figures "or the Defence of India Rules, 1971, as the case may be" shall be inserted.

Amend- ment of section 6.

G Section 5 of the principal Act shall be renumbered as sub-section (i) thereof and after that sub-section as so renumbered, the following sub-section shall be mserted, namely —

42 of 1971.

"(2) Notwithstanding the expiration of the Deience of India Act, 1971 and the Defence of India Rules, 1971, all enemy property vested before such expiration in the Custodian of Enemy Property for India appointed under the said Rule and continuing to vest in him imme- diately before the commencement of the Enemy Property (Amend- ment) Act, 1977 shall, as from such commencement, vest in the custodian.".

Amend- ment of section 7 7 In secbon 7 of the prmcipal Act, after the words and figures "Def- ence of India Rules, 19152", wherever they occur, the words and figures "or the Defence of India Rules, 1971, as the case may be" shall be inserted.

Amend- ment of section 8 8. In sub-section (2) of section 8 of the principal Act, in clause (x), after the figures, letters and word "25th October, 1962", the words, figures and letters "or on the 3rd December, 1971" shall be inserted.

Amend- ment of section 23 9. In sub-section (3) of section 23 of the principal Act, for the words "or 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 "or in two or more successive sessions and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid" shall be substituted.

Amend- ment of section 24.

10. Section 24 of the principal Act shall be renumbered as sub-section. (1) thereof and after that sub-section as so renumbered, the following Bub-section shall be inserted, namely • —

"(2) Every order which was made under the Defence of India Rules, 1971 by the Central Government or by the Custodian of Enemy Property for India appointed under those Rules relating to enemy property and which was in force immediately before the expiration thereof shall, in so far as such order is not inconsistent with the pro- visions of this Act, be deemed to continue in force and to have been made under this Act".

11. (I) The Enemy Property (Amendment) Ordinance, 1977 is hereby 110(1977

repealed.

Rep"*l and saving.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this Act.

STATEMENT OF OBJECTS ANT? REASONS

The Enemy Property Act, 1968 (34 of 1968), was enacted on 20th. August, 1968 to provide mainly for the continued vesting of enemy pro- perty vested in the Custodian of Enemy Property for India under the Defence of India Rules, 1962.

2. Consequent on the aggression by Pakistan in 1971 and the issue of the Proclamation of Emergency on 3rd December, 1971 and the enactment of the Defence of India Act, 1971 and the rules made thereunder, immov- able, and some specified movable, Pakistani property in India were vested in the Custodian o£ Enemy Property in accordance with the provisions of the Defence of India Rules, 1971 and the orders made thereunder.

3. The Proclamation of Emergency issued on 3rd December, 1971 was revoked with effect from 27th March, 1977 and consequently the powers under the Defence of India Act, 1971 and the rules made thereunder were to remain in force only for a period of six months thereafter, i.e. up to and Inclusive of 26th September, 1977. It was, therefore, thought necessary, in have fresh legal authority with effect from 27th September, 1977 for the administration of the Pakistani properties referred to above which are already vested in the Custodian oL Enemy Property for India under the. Defence of India Rules, 1971 and the orders made thereunder. It was considered that the management of the said properties by the Custodian of Enemy Property for India has to continue

4. As Parliament was not m session and as the situation called for mi- mediate action, an Ordinance called "the Enemy Property (Amendment) Ordinance, 1977" (11 of 1977) was promulgated by the Vice-President dis- charging the functions of the President on 23rd September, 1977. so as to suitably amend the Enemy Property Act, 1968 for the continued vesting of the said properties in the Custodian of Enemy Property for India.

5. The present Bill seeks to replace the aforesaid Ordinance.

NEW DELHI; MOHAN DHAR1A

The tth November, 1977

AVTAR SINGH RIKHY,

Secretary.

PRINTED BY THB GENERAL MANAGER, GOVERNMENT OF INDIA PKE98, MINTO KOAB-, N*(V BM.HI AND PUBLISHED BY THE CONTROI LER OF PUBLICATIONS, DELHI, 1977