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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 38] NEW DELHI, FRIDAY, DECEMBER 2, 1977/AGRAHAYANA 11, 1899

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

as a separate compilation

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 2nd December, 1977: —

BILL NO. XI OF 1977

A Bill to amend the Trade and Merchandise Marks Act, 1938.

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

1. This Act may be called the Trade and Merchandise Marks Short title.

(Amendment) Act, 1977.

43 of 1958.

2. After section 88 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the principal Act), the following section shall be inserted, namely: —

Insertion of new section 88A.

2 of 1974.

"88-A Notwithstanding anything contained in the Code of Crimi- nal Procedure, 1973, all offences mentioned in Chapter X of this Act shall be deemed to be cognizable "

Offences

to be

congni-

zable

3 Sub-section (1) of section 89 of the principal Act shall be omitted.

Amend-

ment of

section 89.

(745)

STATEMENT OF OBJECTS AND REASONS

Offences under the Trade and Merchandise Act, 1958, have increased enormously during the last few years As, they are non-cognizable, it is difficult to bung the culprits to book By the time a complaint is filed and search warrant is obtained, the goods disappear It is, there- fore, necessary to make these offences cognizable.

Hence thi-> Bill.

VITHAL GADGIL.

BILL NO. XII OF 1977

A Bill to provide for the prevention of the imposition of social disabilities

by the members of a community individually or collectively on a

member or members of their own community, to provide for

penalties for such an act or acts and for matters connected therewith

and incidental thereto.

WHEREAS it has corne to notice that the practice of imposing social dis- abilities prevails in certain communities, which amongst other things deprives their members of the rights and privileges to which they are entitled by reason of birth or otherwise and which results in flagrant violation of their fundamental rights as citizens of this country;

AND WHEREAS in keeping with the spirit of social change and democra- tic set up of our countty and in the larger public interest it is expedient to prevent the imposition of such social disabilities and to provide penal- ties for such an act or acts and for matters connected therewith;

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 Prevention of Social Disabilities Act, 1977

Short title and extent.

(2) It extends to the whole of India,

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

Deflnl- tlODS

(a) "community" means a group of members who are connected together by birth, conversion or performance of religious rites or ceremonies or who profess the same religion or belong to the same religious creed and include a caste or sub-caste;

(b) "member" means, a person, whether male or female, who is

a member of any community

3. A member shall be deemed to have imposed social disability on

another member of his community if he—

Imposi- tion of social dis- abilities.

(a) denies, prevents or obstructs or causes to deny, prevent or obstruct any member of his community from having access to, or from using, any place of worship or pravers or any place intended to be used for performing any religious ceremony or rite, prevalent or practised in his community;

(b) prevents or obstructs or causes to prevent or obstruct any member of his community from having access to, or from using, any place used or intended to be used for a charitable, religious or public purpose and established run, or maintained wholly or partly by his commumtv for, and on behalf of, the community and which is nor- mally available for use to, or by, any member of his community;

(c) prevents or obstructs or causes to prevent or obstruct any member of his community from enjoving any benefit under a charit- able trust or Wakf created for the benefit of his community;

(d) prevents or obstructs or causes to prevent or obstruct any member of his community from having access to, or using, the facili- ties of any educational institution, medical institution, community hall, club hall, cemetery, burial eround or any other place used by, or intended to be used by, or for the benefit of, his community;

(p) prevents or obstructs or causes to prevent or obstruct any membor of hk community from observing any social or religious, custom nr usage or ceremony or from taking a part in a social or religious functions congregation, assembly, meeting or procession;

(0 prevents or obstructs or causes to prevent or obstruct any member of his community from establishing or mn'ntainini* such social professional or business relations as he would ordinarily establish or maintain with the other members of his community,

(a) incites, provokes, or encourages any member of his com^ munity directly or indirectly to sever social, religious, professional or business relations with any other member or members of hi$ community;

(h) refuses or denies or causes to refuse or deny to any member of his community the right to perform such marriage, funeral or other religious ceremonies and rites as the members of his commu- nity usually and ordinarily perform;

(i) prevents or obstructs or causes to prevent or obstruct any member of his community from entering, lodging in, or otherwise

using, any Dhannashala, Sarai or Musafarkhana which is ordinarily open to members of his community, or

(j) prevents or obstructs or causes to prevent or obstrurt any member of his community from entering or using any place of wor- ship such as temple, mosque, church, gurudwara or any cemetryr crematorium or burial ground which is ordinarily open to members of his community,

Penalties 4. (1) Whoever imposes any social disability on any member of his community shall on conviction be punished with imprisonment of either description which may extend to six months or with fine, which may extend to one thousand rupees or with both,

(2) Whoever aids or abets in the commission of any offence punish- able under this Act or connives at the commission of any such offence or harbours any offender or destroys any evidence shall on conviction be punished with imprisonment of either description which may extend to six months or with fine, which may extend to one thousand rupees or with both,

5 Notwithstanding anything contained in the Code of Criminal Pro- 2 of 1974. cedure, 1973, every offence under this Act—

(a) shall be cognizable, and

(b) may, with the permission of the Court be compoundable,

Offences under this Act t° be congnizable and com- pound- able.

6 (1) A Police Officer m a y-

fa') remove or cause to be removed anv barricade or obstruction erected, placed or found in any place, if such police officer has reason- able ground to believe that the barricade or obstruction was so erect- ed or placed in order to be used for the purpose of committing an offence under this Act: or

Police Offcers to tBke action In cases of imposition of social disabili- ties (bi open or cause to be opened any gate or door, if the police officer has reasonable ground 1o believe that such gate or door was closed for the purpose of committing an offence under this Act

(2) Whenever a police officer has reasonable ground to believe that anv person is likely to commit an offence under this Act, he may arrest tho norson without a warrant and deliver him into the custody of the officpr-jn-charge of a police station who may either release the person arrested on his executing a bond with or without surety for his arjpear- ance in a Magistrate's Court or take or cause to be taken the person arrested befoie a Magistrate within a period of twenty-four hours of such arrest

3 of 1974,

(3) When a person appears before a Magistrate in compliance with a bond executed by him under sub-section (2) or is brought before a Magistrate, he may require such person to show cause why he should not be ordered to execute a bond with or without sureties for his good behaviour for such period not exceeding three years as the Magistrate may think fit Tf after due inquiry, the Magistrate is satisfied that such person should execute a bond with or without sureties, the Magistrate shall make an order accordingly and the provisions of section 107 and sections 112 to 123 (both inclusive) of the Code of Criminal Procedure, 1973, shall apply to or in relation to all orders to furnish security made under this sub-section.

STATEMENT OF OBJECTS AND REASONS

The outdated and unconstitutional practices such as untouchability, boycotts, etc., still prevail in various communities in the country, resulting in great harassment to individuals or groups. The harassment so caused, naturally gives rise to ill feeling and disharmony towards each other This has far-reaching effects on the social life of the community It is, therefore, necessary to root out these evils by puiting a stop to the imposition of the various social disabilities The objective can be achiev- ed by enactmg a suitable legislation for the purpose of providing for punishment to those who indulge in such evil practices

Hence this Bill

VITHAL GAPQIL

BILL NO IX OF 197?

A Bill to amend the Pensions Act, 1871,

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

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

Short title.

23 of 1871.

Amend- ment of section 4.

2. Section 4 of the Pensions Act, 1871 shall be re-numbered as sub- section (1) thereof and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:—-

"(2) Nothing in this section shall apply to pension payable to, or in respect of, any person appointed to a public service or post in connection with the affairs of the appropriate Government.".

STATEMENT OF OBJECTS AND REASONS'

Section 4 ot the Pensions Act, 1871, bars a suit relating to any pension conferred by the Government or any former Government. This provision is unjust in punciple, anachronistic, unrealistic and inconsistent with the basic legal character of the Pensioner's right and In that sense, opposed to article 19(1) (f) of the Constitution. The pro- vision is based apparently on a common law rule which itself is of doubtful validity.

A change in law is required in the interest of social justice so that the drastic provision excluding the right to sue contained m the section should be done away with.

Hence this Bill.

VITHAL GADGIL.

S. S. BHALERAO,

Secretary-General.

PRINTFO fiY THE GENERAL IwtANAdEH, GOVERNMENT OF INDIA PRESS. MINTO ROAD, NEW r i L HI AND PUBLISHED BY THE CONTROLLER OF PUPLICATIONBi DELHI. 1,977