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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 46] NEW DELHI FRIDAY, DECEMBER 16, 1977/AGRAHAYANA 25, 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 16th December, 1977; —

BILL No VI OF 1977

A Bill further to amend the Constitution of India.

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

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

Short title.

2. In PART A of the Second Schedule to the Constitution, for para- graph 1, the following paragraph shall be substituted, namely: —

Amend- ment of Second Schedule "1. There shall be paid to the President and to the Governors of the States the following emoluments per mensem, that is to say: —

The President

3,000 rupees.

The Governor of a State 2,000 rupees,".

(891)

STATEMENT OF OBJECTS AND REASONS

The Salaries of the President and the Governors were fixed at very high figures. It has been noted that the President does not require a monthly salary of Rs. 10,0001- for discharging his responsibilities and functions consistent w*th the dignity of the high office. In fact, more than one President have voluntarily surrendered a good portion of their salary. This has been appreciated by the public. As for the Governors the post itself now is a subject matter of controversy. Some political parties have been demanding abolition of the post of Governor. In any case there is no justification for providing the present high salary to the Governor.

The Bill accordingly seeks to reduce the quantum of salary in the case of the President to 3,000 rupees and in the case of the Governor 9f a State to 2,000 rupees per month.

BHUPESH GUPTA.

BILL NO VIII OF 197?

A Bill -further to amend the Constitution 0/ India.

BE it enacted by Parliament lh the Twenty-eighth Year of the Repub-

lic of India as follows: —

i This Act may be called the¹ Constitution. (Amendment) Act, 1977.

1 In article 120 of the Constitution, clause (2) shall be omitted.

3. In article 210 of the Constitution, clause (2) sliall be omitted.

Short title. Amend- ment ot article 120. Ataenct- tnent of article 210.

4 In PART XVII of the Constitution, "after CHAPTER—I LANGU- AGE OF THE UNION" the following article shall be inserted, namely: —

'342A. Definition.—In this Part ''a Hindi speaking State" means e

Insertion of new article 342A.

State the official language of which is Hindi end "a non-Hindi speak- ing State" means a State the official language of which is other than Hindi'

5. In article 343 of the Constitution, for clauses (2) and (3), the fol-

lowing clauses shall be substituted, namely: —

Amend- ment of article 343 "(2) Notwithstanding anything in this Part or in any other provision of this Constitution, the English language shall also be the official language of the Union in addition to Hindi and shall con- tinue to be used for all the official purposes of the Union:

Provided that the English language shall cease to be the official language of the Union under this clause if the Legislative Assembly of every non-Hmdi speaking State passes a resolution by a majority of not less than three-fourths of the total membership of that Assem- bly declaring that the English language shall cease to be the official language of the Union

(3) Whenever Hindi is used ior any of the official purposes of the Union, a translation of the same in the English language shall also be made available."

6. In article 344 of the Constitution,—

Amend- ment of article 344

(a) in clause (6), for the words "Notwithstanding anything in",

the words "Subject to the provisions of" shall be substituted;

(b) to clause (6), the following proviso shall be added,

namely. —

"Provided that no direction under this clause shall be issued imposing restrictions On the use of the English language for all or any of the official purposes of the Union, unless the Legislative Assembly of every non-Hindi speaking State passes a resolution by a majority of not less than three-fourths of the total membership of that Assembly agreeing to such restrictions "

7. For article 346 of the Constitution, the following article shall be

substituted, namely: —

Substitu- tion of article 346

"346 The language for communication between a Hindi speak- ing State and a non-Hindi speaking State, between one non-Hindi speaking State and another non-Hindi speaking State, between a non-Hindi speaking State and the Union, and a Hindi speaking State and the Union shall be the English language "

Language for com- munication between one State and an-

other or between a State and the Union.

8. In article 348 of the Constitution to Clause (/), the following pro-

viso shall be added, namely —

Amend- ment of article 348.

"Provided that no Bill or amendment for the purpose shall be introduced or moved in either House of Parliament unless the Legis- lative Assembly of every non-Hmdi speaking State passes a resolu- tion by a majority of not less than three-fourths of the total mem- bership of that Assembly agreeing to such Bill or amendment."

9. In article 368 of the Constitution, after the proviso in clause (2)

the following further proviso shall be inserted, namely.—

Amend- ment of article 368

"Provided further that if such amendment seeks to make any

change in article 343, proviso to clause (fa¹) of article 344, article 346 or article 348, no Bill for the purpose shall be introduced or amend- ment moved in either House of Parliament unless the Legislative Assembly of every non-Hindi speaking State passes a resolution by a majority of not less than three-fourths of the total membership of that Assembly agreeing to the introduction of such Bill or moving of such amendment."

Explanation — In this article "a non-Hindi speaking State" has the

same meaning as in Part XVII.

STATEMENT OF OBJECTS AND REASONS

Under article 343(1) of the Constitution, Hindi is declared to be the official language of the Union. Article 343(2) of the Constitution pro- vides that English shall continue to be used till 1905 for all the official purposes of the Union for which it was being used immediately before the 26th January, 1950.

There has been a persistent and lepeated agitation in the non-Hindi speaking areas against the recognition of Hindi, which is also a regional language, as the official language of the Union for the reason that such recognition would place the people in non-Hindi speaking areas at a definite disadvantage The aim of this agitation is to seek deletion of Hindi as the official language from the Constitution, so as to make a compromise between the two extreme stands. The late Prime Minister, Pandit Jawaharlal Nehru, gave an assurance that English would con- tinue to be used as the Official language of the Union and for inter-State purposes without any time limit except when the people in the non- Hindi speaking areas agree to the discontinuance of English With a view to give effect to this assurance, the official Languages Act was passed in 1963 and was later amended in 1968. But in practice neither the 1963 Act nor the amending Act of 1968 have allayed the fears of the non-Hindi speaking people as they were only Acts of Parliament which could always be repealed or amended by a simple majority. It has been possible to circumvent the piovisions. These Acts have left many things to be decided and have fallen short of the expectations of the people in the South and other non-Hindi speaking areas,

With a view to alter this Constitutional status of Hindi, it is proposed as a step in that direction, to embody the provisions of the official Langu- ages Act, 1963 and the assurance of Shri Nehru in the Constitution itself so that it could not be altered at the will of a simple majority in Parlia- ment. In order to meet the just and reasonable demand of the non-Hindi speaking people, the Bill seeks to amend the Constitution so as to provide that the English language shall also be the official Language of the Union and shall be used for all the official purposes of the Union. The Bill also seeks to provide for the safeguards that will have to be taken before any amendment of the Constitution affecting the position of the English language as official language of the Union is introduced in either House of Parliament.

MURASOLI MARAN.

896 t i tS <*AH&WE 6i? INDIA flxfftAOftfilNAbY 1*AR* H-

BILL No. VII OF 197?

A Bill to repeal the Maintenance of Internal Security Act, 1971.

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

1. This Act may be called the Maintenance of Internal Security (Re- peal) Act, 1977.

Short title.

2. The Maintenance of Internal Security Act, 1971, is hereby repealed. Repeal of Act 26 of 1971'.

STATEMENT OF OBJECTS AND REASONS .

The Maintenance of Internal Security Act, 1971 was passed by Parlia- ment in the face of strong opposition. During the Emergency, and even before, this measure has been gi*ossly misused. It may be recalled that for a year and a half from 1970 there was no such Central Law on the Statute Book The Preventive Detention Act, which was to be renewed, was allowed to lapse in deference to the wish of the Opposition. Of course, at th*"t time the Government did not have its own majority in the Lok Sabha and was carrying on as a Minority Government Only after the 1971 general elections was the Preventive Detention Act was revived under a new title and in a harsher form At that time the Gov- ernment gave an assurance against its misuse but that assurance was not kept by the previous Government During the Lok Sabha elections in 1977 all the political parties except the Congress came out against the Maintenance of Internal Security Act. The Janata Party was one of them and its Election Manifesto contained a categorical assurance to the effect that the maintenance of Internal Security Act would be re- pealed. No steps towards that end have so far been taken which has causecj considerable resentment among the public. Hence, this Bill.

BHVPES.H GUPTA-

BILL NO. XIV OF 1977

A Bill to establish and incorporate a, unitary teaching and residential

University m Delhi

21 of I860.

3 of 1956.

WHEREAS it is expedient to establish and incorporate a unitary teaching and residential University at Delhi and to dissolve the Society registered under the Societies Registration Act, 1860 known as the Jamia Millia Islamia which is also deemed to be a UniversKy for the purposes of the University Grants Commission Act, 1956 and to transfer to, and vest in, the said University all properties and rights of the said Society;

BE it enacted by Parliament in the Twerity-eighith Year of the Republic

of India as follows: —

1 (1) This may be called the Jamia Millia Islamia University Act,

1977.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

Short tiUe and Com mence- ment. Defini- tions-

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

(a) "Academic Council" means the Academic Council of the

University;

(b) "Court" means the Court of the University;

(c) "Executive Council" means the Executive Council of the

University;

(d) "prescribed¹¹ means prescribed by Statutes, Ordinances or

Regulations;

(p) "Statutes \ "Oidmances" and ''Regulations" mean, respective-

ly, the Statutes, Ordinances rind Regulation of the University;

(f) "teachers" means professors, readers, lecturers, demonstra- tors and such other persons as may be appointed for imparting ins- truction m the University, and

(g) "University" means the Jamia Milha Islanua University.

3. (1) There shall be constituted in the Unmi territory of Delhi a Uni- The Uni- versity versity by tho name of ".Tumia Millia Mam'.i University".

(2) The first Chancellor and the first Vice-Chancellor of the Univer- sity and the ltrpt members of the Court, the Executive Council and the Academic Council and all persons who may hereafi^r be'vime sucb officers or members so IOAO; as they conliwio to hold such office <>r mem- bership arp hereby constituted a body LO'^KI ":J" by tW name of ''Janun Mi)lia Islamiu University."

(3) The University shall have perpetual succession and a common seal,

and shall sue and be sued by the said name.

4. From the commencement of this Act;—

Dissolu- tion oi the Jamia (?) the Society known as the Jamia Millia Islamia shall be dis- solved, and all ivopp-tv, movable find immovable, and all rights,, powers and privileges of the said S'.^iei.y shall be transferred to, and vest m, the University and shall be applied tn tin-¹ objects and Ipur- po.ces for winch the University is mcoTporated,

Milhd Islamia and trans- fer of property, etc to the Uni- v-rsity (u) all debts, liabilities and obligations of the said Society shall be transferred to tho University and --Inll thereafter be discharged and satisfiH by it,

(ur) all references in any enactment to the said Society shall be

construed as references to the University;

(w) subicct to the provisions of this Act, every person empolyed Immtdiutelv beior the commencement of this Act in the .lamia Millia Islamia shall hold employment in the University by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held the same under (he Jamia MtlHn Is'amia, if this Att had not been passed

5. The University shall have the following powers, namely:—

Powers of the Univer- sity.

(1) to provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge;

(2) to hold examinations and to grant and confer degrees and

other academic distinctions;

(3) to co-operate with other Universities and authorities in such manner and for such purposes as the University may determine; and.

(4) to do nil such other acts and things whether incidental to the powers aforesaid or not as may bo requisite in order to further the objects of the University.

6. (1) There shall he a Chancellor of the University appointed in the prescribed manner who shall be the Head of the University anu shall if present preside at any of its convocation for conferring donees.

Officers of t he Univer- sity

(2) There shall he a Vice-Chancellor appointed in the prescribed manner who shall ho the principal executive and Academic Officer of the University and ex-officio Chairman of t he Court, the Executive Council and the Academic Council.

(3) There shall he a Dean for each School of Study and for each Faculty who shall he appointed in such manner and with such powers* and duties as mny be prescribed by the Statutes.

(4) There shall be a Registrar appointed in the prescribed manner who shall act a-s Secretary of the Court, the Executive Council and the Academic Council and sha'l exercise such powers and perform such duties as may be prescribed by the Statutes,

(5) There shall be such other officers as provided for in the Statutes.

7 The authorities of the University shall be the Court, the Executivo Council, the Academic Council, the Faculties and such other authorities as may be declared by the Statute^ to be authorities of the University.

Authori- tieg of the Uni- versity

The Court.

8 The Court shall be the supreme authority of the University, and its constitution and tho term of office of its members shall be prescribed by the Statutes.

The Exe- cutive Council

0. The Executive Council shall be the executive body of the University, and its constitution and the terms of office of its members, other than ex-offbcio members, shall be prescribed by the Statutes.

10. The Academic Council shall be the academic body of the Univer- sity, and its constitution and the terms of office of its members other) than ex-officio members, shall be prescribed by the Statutes.

The Aca demic Council.

Statutes

11. (1) The first Statutes shall be framed by 'the Central Government and a copy of the same shall be laid, as soon as may be, before each.' House of Parliament.

(2) The Executive Council may, from lime to time, make new on additional Statutes or may amend or repeal the Statutes.

12. (1) Subject to the provisions of this Act and the Statutes, the Executive Council shall have the power to make Ordinances,

OrcUnar* •ces

(2) All Ordinances made by the Executive Council shall be submitted, as soon as may be, to the Court and the Court shall have power, by a resolution passed by a majority of not less than two-thirds of the mem- bers voting, to cancel any Ordinance made by the Executive Council,

and such Ordinance shall, from the date of such resolution, cease to have effect

Regula- tions.

13. The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the committees appointed by them and not pro- vided for by this Act, Statutes or the Ordinances in the manner prescrib- ed by the Statutes.

14 No act or proceeding of any authority of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members.

Proceed- ings of University authori- ties not invalidate ed by vacan- cies

Removal of difficul- ties.

15. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.

Transi- tional provi- sions 16, Notwithstanding anything contained in this Adt, Iho persons func- tioning as Chancellor, members of the Court, the Executive Council and the Academic Council of the Jamia Milha Islamia shall be nominated hy the Central Government ';o continue as such and hold office for the rei- mamder of their terms.

STATEMENT OF OBJECTS AND REASONS

The Jamia Millia Islamia was founded in 192H0, as an integral part of the policy animating the Khilafat and the non-co-operative movements. The Jamia was basically founded as an institution of higher learning for providing liberal education and for meeting the national educational aspirations. During the days of foreign rule, the Jamia undertook the bold responsibility of furthering nationalist ideals through academic en- deavours mspite of numerous difficulties

2. Recognising the Jamia's unique and important role in the field of education, the U G C accorded it the status of a "Deemed University" in 1962, under section 3 of the University Grants Commission Act, 1056.

3 It is now considered necessary that in recognition of the valuable services rendered by the Jamia m furthering educational and cultural ideals, the Institution should be given the status of a full-fledged Univer- sity. It will, however, be necessary to retain its historical character and composition.

This Bill seeks to achieve the above objectives

KHURSHED ALAM KHAN

MNAW1A1. Mt'AlUKANDUM

The Jarmu Milllit hlmniu is wholly financed by the Ministry

Annual U G.C siu/it R-t 39,:15,;>O i