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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 13] NEW DELHI, THURSDAY, MARCH 13, 1978/CHAITRA 2, 1900

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 the 23rd March,

1970:—

BILL NO- 45 OF 1978

A Bill to provide for payment by the Government to the small farmers

and agricultural workers of compensation for injury by accident.

WHEHRAS it is expedient to provide for payment of compensation by

the Government to the small farmers and agricultural workers for injury

by accident;

BE it enacted by Parliament in the Twenty-ninth Year of the Republic

of India as follows: —

1. (1) This Act may be called the Small Farmers and Agricultural

Workers Security Act, 1978.

(2) It extends to the whole of India.

Short title, extent and commence- ment.

(3) It shall come into force at once.

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

Defini- tions.

(a) "accident" means accident caused by tractor, hallow power crusher or any other agricultural machinery or caused because of falling in the well or falling from the tree, or receiving shock when dealing with electric motors and includes snake bite, attack by any bull or any wild animal or any other animal;

231

F IA-2//25/780-79

(b) "agricultural operation" means agricultural or horticultural or sericultural work or rearing sheep, cattle, poultry or the work ancillary thereto or any other work connected with agriculture;

(c) "agricultural worker" means an agricultural worker who is landless and earns daily wages or wages on annual basis for working in agriculture;

(d) "High Court" means a High Court of any State;

(e) "partial disablement" means, where the disablement is of a temporary nature, such disablement as reduces the working capacity of a small farmer or an agricultural worker at the time of the accident, and where the disablement is of a permanent nature, such disablement as reduces permanently his working capacity which he was capable of having before the accident:

Provided that every injury specified in Part II of Schedule I shall be deemed to result in permanent partial disablement;

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

(g) "qualified medical practitioner" means any person registered under any Central or State Act providing for maintenance of a register of medical practitioners or, in any area where no such Act is in force, any person declared by the State Government, by noti- fication in the Official Gazette, to be a qualified medical practitioner for the purpose of this Act;

(h) "small farmer" means a farmer who owns up to 5 acres of wet land or 10 acres of dry land;

(i) "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a small farmer or an agricultural worker for all work which he was capable of perform- ing at the time of the accident resulting in such disablement:

Provided that every injury specified in Part I of Schedule I shall be deemed to result in permanent total disablement.

3. If personal injury is caused to a small fanner or an agricultural worker by accident arising out of and HI the course of agricultural opera- tion, the Government shall be liable to pay to such worker compensation in accordance with the provisions of this Act.

Govern- ment to pay compen- sation.

Provided that the Government shall not be so liable—

(a) in respect of any injury which results in the total or partial disablement of the small farmer or an agricultural worker for a period less than six days;

(b) in respect of any injury, not resulting in death, caused by an accident which is directly attributable to the small farmer or an agricultural workers under the influence of drinks or drugs at the time of accident.

4. Subject to the provisions of this Act, the amount of compensation

shall be as follows, namely: —

Fixation of compen, sation.

(a) where death results from the injury, such amount as is

prescribed in Schedule II;

(b) where permanent total disablement results from the Injury,

such amount as is prescribed in Schedule II;

(c) in the case of an injury specified in Part II of Schedule I such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury;

(d) in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury; and

(e) where more injuries than one are caused by the accident, the amount of compensation payable under this head shall be aggre- gated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries.

5. In the case of death, the compensation shall be paid to the legal

heir or the dependents of the deceased.

Fund to pay com- pensation.

8. For the purpose of paying compensation a revolving fund shall be constituted monies into which shall he provided by the Centre and the States in such proportion as may be agreed upon front year to year.

Claim for compensa- tion.

7. No claim for compensation shall be entertained by a Commissioner unless a claim is preferred before him within three months of the occurrence of the accident:

Provided that the want of or any defect or irregularity in notice shall

not be a bar to be entertainment of a claim:

Provided further that the Commissioner may entertain and decide anv claim to compensation in any case notwithstanding that the notice has not been given, or the claim has not been preferred in due time if he Is satisfied that the failure so to give the notice or prefer the claim as the case may be was due to sufficient cause.

8. Every such claim shall give tne name and address of the per3⁰n

Form of the claim.

injured and shall state in ordinary language the cause of the injury and place and date on which the accident happened.

Enquiry.

9. On receipt of the claim, the Commissioner shall enquire into the matter and if he is satisfied that death or injury was caused to the person because of the accident, he shall decide the amount of compensation to be given under the Act and shall record reasons for coming to such decision,

f \*-x/2|l.*/7e-79

Proof of death due to accident,

10. In case a small farmer or an agricultural worker dies as a result of an accident while he is engaged in agricultural work that shall have to be proved by the legal heir or his dependents by producing a certificate from a qualified medical practitioner.

Proof of injury.

11. In case a small farmer or an agricultural worker gets Injury while he is engaged in agricultural operation then he should prove it by pro- ducing a certificate from a qualified medical practitioner.

12. No civil court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act is required to be settled, decided oa* dealt with by a Commissioner or to enforce any liability incurred under this Act.

Bar to Jurisdic tion of Civil Courts.

Commis- sioner.

13. (1) The State Government may. by notification in the Official Gazette, appoint any person to be a Commissioner for Small Farmers and Agricultural Workers' Compensation for such area as may be specified in the notification.

(2) Where more than one Commissioner has been appointed for any area, the State Government may by general or special order, regulate the distribution of areas between them.

Assistance in Inquiry,

14. Any Commissioner may, for the purpose of deciding any matter referred to him for decision under this Act, choose one or more persons possessing special knowledge of any matter relevant to the matter under enquiry to assist him in holding the inquiry.

15. Every Commissioner shall be deemed to be a public servant within

45 of i860.

the meaning of the Indian Pennl Code.

Commis- sioner to be a public servant.

5 of 1908.

Powers and Proce- dures of Commis- sioners.

2 of 1974, 1C. The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908, for purpose of taking evidence on oath, which such Commissioner is hereby empowered to impose, and of enforcing the attendance of witnesses and compelling the production of documents and material objects and the Commissioner shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXVI of the Code of Criminal Procedure, 1973.

Appeal. 17. An appeal shall lie to the High Court provided the appeal is made

within 3 months of the decision given by the Commissioner.

18. (1) The State Government may make rules to carry out the

purposes of this Act.

Powers to make rules.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, nnmely: —

(1) the manner of sending claim to the Commissioner;

(2) the manner of paying compensation.

SCHEDULE I

[See secttons 1 and 4]

PART—I

List of injuries deemed to result in permanent total

disablement

Description of injury

S No.

Percentage of loss of earning capacity

1.

1 00 Loss of both hands or amputation at higher sites.

1 00 2. Loss of a hand and a foot.

Double amputation through leg or thigh or amputation through

3-

1 00 leg or thigh on one side and loss of other foot.

Loss of sight to such an extent as to render the claimant unable

4-

1 00 to perform any work for which eye-sight is essential.

1 00 Very severe facial disfigurement.

5-

IOO Absolute deafness.

6.

PART—II

List of Injuries deemed to result mpermanent partial disablement

Amputation Cases—Upper limbs (either arm)

 1.  Amputation  through  shoulder  joint.                                   90
 1.  Amputation below shoulder with stump less  than 8* from tip of
       cromion                                                               80
 3   Amputation from  8* from tip of a cromion to less  than  to j"
       below  tip  or  acromion                                              70
 4   Loss of a hand  or of the thumb and four fingers of one hand
       or  amputation  from  44* below  tip  of  olecranon.                  60
 1.  Loss  of  thumb.                                                        30
 6.  Loss  of  thumb  and  its  metacarpal  bone.                             40
 7   Loss  ot  four  fingers  of  one  hand.                                  50
 8.  Loss  of  three  fingers  of  one  hand.                                 30
 9   Loss  of two  fingers  of  one  hand                                     20
10   Loss  of  terminal  phalansc  of  thumb                                  20

• S .N 0. Description of injury

Percentage of loss of earning capacity

Amputation cases—Lower limbs

Amputation of both feet resulting in end bearing stumps .

I I.

90

12.

Amputation through both feet proscimal to the metatarso-pha]

angeal joint. . . . . . . ..

80

Loss of all toes of both feet through the metatarso-phalngeal

13-

joint.

. . . . . . ..

40

Loss of all toes of both feet proscimal to the prcscimal inter

14.

phalongeal joint. . . ' .

30

Loss of all toes of both feet distal to the proscimal inter-phal-

15-

angeal joint.

. . . . . ..

20

16. Amputation at hip.

90

Amputation below hip with stumps not exceeding 5* in length

17.

measured from tip of great crenchanter

80

18. Amputation below hip with stump exceeding 5" in length mea- sured from tip of great tranchanger but not beyond middle thigh.

70

Amputation below middle thigh to 3I* below kneo.

PO

19-

3 0. Amputation below knee with stump exceeding 3I" but not

exceeding 5*.

. . . . . ..

50

Amputation below knee with stump exceeding 5"

2 1.

40

22. Amputation of one foot resulting in end-bearing.

30

Amputation through one foot proscimal to the metatarso-phal-

*3-

angeal joint . . . . . . ..

30

24. Loss of all toes of one foot through the metatarso-phaiangeal ioin t. 30

Other Injuries

Loss of one eye, without complications, the other being

25-

40

n o r m al . . . . . . . ..

Loss of vision of one eye, whithout complications or disfigure-

26.

ment, of eye-ball, the other being normal.

30

A. Fingers of right or left hand Index finger

W h o le

27.

14

28.

11

T wo p h a l o n g es . . .. . ..

29. O ne p h a l a n s e. . . . . . . ..

9

30. Guillotine amputation of tip without loss of bone

5

S. No.

Description of Injury

Percentage of loss of earning capacity

MIDDLE FINGER

12 Whole .

31.

T wo phalonges

. . . . ..

9 32-

One phalanse

33-

7

Guillotine amputation of tip without loss of bone

34-

4

RING OF LITTLE FINGER

Whole

7 35-

T wo phalanges

. . . . ..

6 36-

One phalanse

37-

5

2 Guillotine amputation of tip without loss of bone

38.

B.—Toes of right or left foot great toe.

T h r o u gh m e t a t a r s o — p h a l a n g e al j o i nt

[4 39-

40. P a r t, w i th s o me loss of b o ne . . ..

3

T h r o u gh m e t a t a r s o — p h a l a n g e al j o i nt

41.

3

P a r t, w i th s o me loss of b o ne . . ..

1 42.

T WO T O ES OF O NE F O O T, E X C L U D I NG G R E AT TOE

T h r o u gh m e t a t a r s o — p h a l a n g e al j o i nt

43-

5

44. P a r t, w i th s o me loss of b o ne . . ..

2

T H R EE T O ES OF O NE F O O T, E X C L U D I NG G R E AT T OE

T h r o u gh m c t a t a r s o — p h a l a n g e al j o i nt

6 45-

P a r t, w i th s o me loss of b o ne . . ..

46.

3

TOE

FOUR TOES OF ONE FOOT, EXCLUDING GREAT

Through metatarso—phalangeal joint

9 47-

Part, with some loss of bone . . ..

48.

3

(Note complete and permanent loss of the use of any limb or member referred tc in this schedule shall be deemed to be the equivalent of the loss of that limb or member).

SCHEDULE II

[ See section 4]

Compensation payable in certain cases

xtent of land

E

Amount of compensation for

Death ] Permanent

total dis- ablement

Rs.

Rs.

10,000

12,000

1 less than one acre

I2,OOO

14,000

less than two acres

2

14,000

16,000

less than three acres

3

I6JOOO

18,000

less than four acres

4

18,000

20,000

less than five acres

5

STATEMENT OF OBJECTS AND REASONS

The Small farmers, and agricultural workers white engaged in agricul- tural operations are not only receiving injuiies but also losing their lives.

Most of the small farmers and agricultural workers are below the poverty line and when they receive injuries due to accidents and bciome partially or totally disabled, they will not be able to work and, therefore, they will not be able to maintain themselves or their families thereafter. If they die because of the accident their families get ruined

There is neither security nor legal protection for them under such circumstances wheieas industrial workers are protected against accidents. As fhese small farmers and agricultural workers are very poor and ace not in a position to insure their lives, in the interest of increased agri- cultural production and social justice, it is essential that thev should be protected against and compensated for accidents.

Hence the Bill.

NEW DELHI; P. RAJAGOPAL NAIDU.

The 31st October, 1977

e2A.-a!a/£4|ve-73

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for payment of compensation by the Government. Clause 6 of the Bill provides for constitution of a com- pensation fund, monies into which shall be provided for by the Central Government and State Governments. Clause 13 of the Bill provides for appointment of Commissioners. The Bill, therefore, if enacted is likely to involve expenditure from the Consolidated Fund of India to the extend of about rupees five crores annually in respect of Union territories and by way of grant~in-aid to State Governments.

A non-recurring expenditure of about rupees one crore is also likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Central Government is empowered by clause 18 of this Bill to

make rules regarding the manner for sending claim to the Commissioner and the manner of paying compensation so as to carry out the provisions of the Bill.

The matters in respect of which such rules may be made are matters of procedure and administrative details and it is not practicable to provide for them in the Bill itself. The delegation of legislative power Is therefore of a normal character.

Fj-Vi!atLsff8.?9

BILL N O. 46 OF 1978

A Bill to provide for reservation of certain categories of cloth to handlooms.

WHEREAS it is expedient to reserve certain categories of cloth to hand-

J corns:

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

1. (J) This Act may be called the Reservation of (certain categories

of) Cloth to Handlooms Act, 1978.

(2) It extends to the whole of India.

Short title extent and commence- ment.

(3) It shall come into force at once.

2. The weaving of—

(i) all saries including yarn-dyed, piece dyed and printed, pro- duced out of cotton yarn, pure silk and art silk yarn and other man- made fibres,

Reserva- tion of certain cloths for hand- looms.

(n) dhoties, honey-comb-towels and low-reed and pick-cloth from

105 and below counts,

(m) guaze and bandage, white bedspreads,

(iv) lungees and V.L. Madras handkerchiefs,

shall be reserved for handlooms.

3. U) Any textile mill, power-loom or any machine driven by power and used for textile purposes within or without a factory shall be pro- hibited from manufacturing the categories of cloth mentioned in section 2.

Prohibi- tion on textile mills, ete

(2) All the cloth produced by textile mills, power-looms or any other machine driven by power and used for textile purposes and not specifi- cally produced on handlooms shall be stamped to indicate their machino- facture.

Punish- ment.

4. If any owner of any textile mill or any power-loom or any machine driven by power manufactures the categories of cloth mentioned in section 2, he shall be prosecuted by the Government in a court of law and shall be liable for punishment of imprisonment, for six months.

5. The Directors of Handlooms in the States shall be the prosecuting

authority for the purposes of this Act.

Prosecut- ing autho- rity.

Appeal. 6. If any person is aggrieved by the action of the Director of Hand- looms or his failure to act in implementing the provisions of this Act, he may appeal to the Government.

Appoint- ment of inspectors.

7. The Director of Handlooms In every State shall appoint one or more

inspectors for investigating periodically the textile mills power-looms,

and textile shops to ensure the enforcement of the provisions of the Act.

STATEMENT OF OBJECTS AND REASONS

Handloom industry is a very big cottage industry in our country next to Agriculture. About 30 lakhs of people depend upon this industry directly or indirectly. With the introduction Of textile mills and V. powerlooms, this industry got a great set back and it is not able to com- pete with these modern industrial units.

It is high time to protect this industry lest the millions who depend upon this industry will lose employment and add to the already growing unemployment. To arrest the growing unemployment and under- employment it is becoming necessary to prohibit' the manufacture oJ certain categories of cloth, such as saries and dhoties by textile mills, power-looms etc. and reserve them for handlooms completely.

Hence the Bill.

NEW DELHI; P. RAJAGOPAL NAIDU.

The 31s" October, 1977.

FINANCIAL MEMORANDUM

Clause 7 of the Bill povides for appointment of one.or more inspectors for enforcement of the provisions ot the Bill. The Bill, therefore, if enacted, is likely to involve a recurring expenditure of about rupees two lakhs from the Consolidated Fund of India at least In respect of Union territories.

No non-recurring expenditure is likely to be incurred.

BILL NO. 44 OF 1978

A Bill to fix the price of sugarcane.

BK it enacted! by Parliament in the Twenty-ninth Year of the Republic of India as follows: —

1. (1) This Act may be called the Sugarcane Price (Fixation) Act

1"78.

(2) It extends to the whole of India.

Short title, extent and commence- ment.

(3) It shall come Into force at once.

2. In this Act, unless there is anything repugnant in the subject or context,—

Defini- tions.

(a) "Corporation" means Sugarcane Price Stabilisation Corpora- tion constituted under section 3.

(b) "sugar industry" means the sugar factories and the khand- sarl factories.

Constitu- tion of

3 (2) A Sugarcane Price Stabilisation Corporation shtU be Constituted

by the CentTal Government consisting of the following, namely;—

(a) a Chairman to be appointed fcy the Central Government;

(b) a Vice-Chairman to be appointed by the Central Government

Price Stabilisa- tion Cor- poiation

from amongst the sugarcane growers,

(c) ten members from the sugarcane growers of which "t le^t

one shall represent each major cane-growing State;

(d) two members from the private sugar factory owners;

(e) one member representing the Government sugar factories;

(f) two members from the shareholders of co-operative sugar

factories;

(g) three members it-presenting the khandsari factories o[ which

one shall represent the workers in the khandsari factories;

(h) two member^ from the gur manufacturers;

(i) one member from 'the Agricultural Prices Commission;

(j) two members from the workers of sugar factories;

(k) two members from the agricultural workers.

(2) There shall be a Secretary to tne Corporation wno slian not n"vo

the right to participate or vote in itb meetings

(3) The term of office of the Chairman, the Vice-Chairman and the

members of the Corporation shall be three years.

4. An Economic institute, with full autonomy, shall bo established hy

Establish- ment of Economic Institute

the Central Government consisting of Agricultural Economist^ for the

purpose of collecting and processing the data regarding the cost, price

and income of sugarcane cultivation in the country.

5. (1) The Corporation shall fix the price of sugarcane based on the

data supplied by the Economic Institute established under section 4

(2) The price of sugarcane fixed under sub-section (i) shall be declai-

ed by the Corporation before the 1st day of December every year

Fixation and dec- laration of price of sugar- cane

(3) The sugarcane price shall be reviewed every year

Appeals to review the sugar- cane price.

8. (1) An appeal tu review the price of sugarcane fixed under section 5 may be made by thy sugarcane growers, either individually or collec- tively, or by the State Governments, on their behalf, or by the sugar manufacturers, to the Corporation, within a period of four weeks of the declaration of- sugarcane price by the Corporation.

{2) The decision on appeal made under sub-section (1) shall be given by the Corporation within a penod of foui wceka from the date of filling of such appeal

7 The Central Government ma\ increase the price of sugarcane fWud by the Coiporation, eilher on its own or on a repiesentalion made bv sugarcane gioweis at any time

Power of Govern- ment to increase the sugar- cane ptice

8 (J) The price of bUgai'_anc f xc

may be shall be binding on sugarcane grower* and on the sugai indu&tty

Prosecu- tion of defaulting factones.

(2) If any sugai or khandsau factory fails to give the price of suga* cane so fixed to sugarcane growers, the Corporation shall h*ve the power to prosecute such defaulting factory

f 3A-i/i/i^fi#.T9

STATEMENT OF OBJECTS AND REASONS

The sugarcane growers are not getting fair price for their sugarcane as there ia no proper machinery to fix the price of sugarcane and to im- plement it. Till now, in the fixation of sugarcane price, neither the agri- culturists nor their representatives, are given an opportunity to have a say in the matter. It is necessary that various interests concerning the sugar production are also consulted in the fixation of price of sugarcane.

Hence the Bill.

NEW DELHI; P. RAJAGOPAL NAIDU.

The 15th November, 1977.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides for the constitution of a Sugarcane Stabi- lisation Corporation. Clause 4 provides for establishment of an Economic Institute. The Bill, therefore, if enacted is likely to involve a recurring expenditure of about rupees fifteen J<*khs from the Consolidated Fund of India.

A non-recurring expenditure of about rupees twenty-five lakhs is also- Ukely to be incurred.

F3B-iU/:5/79O9

BILL NO. 27 oi- ]973

A Bill farther to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-ninth Year of the Republic

if IncLa as follows¹ —

J. This Act may be called the Constitution (Amendment) Act, 1978. Short title.

2. In article 19 of the Constitution,— Amend-

(a) in clause (1), sub-clause (f) shall be omitted and shall be

deemed always to have been omitted;

ment of arti- cle 19.

(b) in clause (5), for the expression "Nothing in sub-clauses (d), U') anrl ( 0" th" oxpiession "Nothing in sub-clauses (d) and (e)" shall iv- MitstituLed and shall be deemed always to have been sub- stituted.

3, Article 31 of the Constitution shall be omitted and shall be deemed

olways to have-been omitted.

Omission of arti- cle 31.

STATEMENT OF OBJECTS AND REASONS

On the eve of the Sixth General Elections to .Lok Sabha, the people of the country were given an assurance by several political parties, in- cluding the Janata Party, who fought the election niter alia on the ground that ught to property would be removed trom the chapter on Funda- mental Rights of The Constitution The people gave support to the Janata Party and expected that it will be implemented without any loss of time ns it did not require any machinery to be set up for implementing this assurance. There ought not to be any delay particular^ when the right to property has been the cause of controversy not only among the differ- ent strata of society but also between the constitutional organs of the State viz. Parliament Judiciary and the Administration This contro- versy gave undue alibi to the past rulers of the country in not bringing about the desired and necessary change in the economic life of the coun- try. It is, therefore, essential that immediate legislation should be under- taken and the right to property should be removed from the status of fundamental rights,

Hence this Bill.

JMEW DELHI;

The 14th February, 1978, L, L KAPOOR

BILL N O. 38 OF 1D78

A Bill further to amend thp Constitution of India.

BE it enacted by Parliament in the Twenty-ninth Year of the Republic

of India as follows: —

I. This Act may be called the Constitution (Amendment) Act, 1978. Short title.

2. Article 310 of the Constitution shal] be omitted. Omission of article 310.

3. In article 311 of the Constitution, in clause (2), part (c) of the

second proviso shall be omitted.

Amend- ment of article 311

STATEMENT OF OBJECTS AND REASONS

The two articles mentioned in the Bill were bodily taken by the founders of our Constitution from the provision made in the Queen Victoria's Declaration after the suppression of rebellion of 1P57 and the Government of India Act, 1935. Both the statutes provided that every Government employee was in service at the pleasure of the Governor and can be dismissed from service without assigning any reason as soon as the pleasure is no more there. It is strange that after independence these obnoxious provisions should have been retained in the Indian Constitution.

The provisions hit the trade union and democratic rights of the Central and State Government employees and several trade union activists have been arbitrarily removed from service under these undemocratic provi- sions.

The Central and State Government employees an over the country have demanded deletion of these articles from the Constitution so that they can be assured full rights in the country. These articles were reck- lessly used against the Government employees during the Emergency and it was found after the withdrawal of the Emergency that all actions taken under these articles were taken with political motive. It is actually not the President or the Governor whose pleasure is involved in practice, but the pleasure of the petty official who is firm to take action against any em- ployee not liked by him, In view of this, it \s necessary that these arti- cles empowering the bureaucrats to dispense with the services of Gov- ernment employees at their sweet will should be deleted from the Consti- tution so that no undue advantage will be allowed to any bureaucrat through these articles.

Hence this Bill.

NEW DELHI;

BHAGAT RAM.

The 2Ut February, 1978.

BILL N O. 113 OF 1977

A Bill further to amend the Constitution of India.

A BILL further to amend the Corwtitutioii of India

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

public of India as follows: —

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

title.

2. In article 330 of the Constitution, in clause (2),—

(fl) the words "as nearly as may be. the same proportion" shall

be omitted; and

Amend- ment of article 330.

(b) for the word "as" alter the words "House of the People",

the words "a proportion not less than" shall be substituted,

3. In article 332 of the Constitution, in clause (S) ,—

(a) the words "as nearly as may be, the same proportion'¹ shall

Amend-

ment of

article

332.

be omitted; and

(b) for the word "as" after the word "Assembly", the words

"a proportion not less than" shall be substituted.

F4A-VV"f'*-'"

STATEMENT OF OBJECTS AND REASONS

Clause (2) of article 330 and clause (3) of article 332 of the Constitu- tion, ao at present worded, provide for reservation of seats for Sche- duled Castes and Scheduled Tribes in Lok Sabha and the State Legisla- tive Assemblies in the ratio "as nearly as may be" In which their popula- tion is to the total population of the State or the Union territory, as the case may be. It is noticed that while reserving seats for Scheduled Castes and Scheduled Tribes in Lok Sabha and the State Legislative Assemblies, the fraction of the population of Scheduled Castes and Sche- duled Tribes in excess of the integral number of their ratio la ignored and shelter is taken under the words "as nearly as may be". It is felt that the number of seats reserved for Scheduled Castes and Scheduled Tribes in Lok Sabha and the State Legislative Assemblies should in no case be less than the ratio of their population in a State or Union territory. It may also be pointed out that in clause (4) of article 332 of the Constitu- tion the phraseology of "a proportion not less than the population" is used and not that of "as nearly as may be". Even from the point of view of drafting and uniformity of language in the Constitution, the amendment suggested Is necessary. Hence, amendment of articles 330 and 332 of the Constitution is proposed in the Bill.

NEW DELHI; HUKAM CHAND KACHWAI

The 22nd June, 1977.

BILL NO. 105 or 1977 A Bill farther to amend the Constitution of ITJCKJ.

BK it enacted by Parliament In the Twenty-eighth Year of the

Republic of India as follows:—

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

1977.

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

may, by notification in the Official Gazette, appoint.

Short title, and com- mence- ment.

2. In the Seventh Schedule to the Constitution,—

(o) In List I—Union List, after entry 54, the Hollowing entry

shall be inserted, nanjely:—

Amen& ment of the Seventh Schedule.

"54A. Preservation and improvement of breeds, and pro-

hibiting the slaughter of cows and calves, oxen and other milch and draught cattle."

(b) in List II—State List, at the end of entry 15, the following

shall be added, namely: —

"subject to thfe provisions of entry b-iA of List I."

F-+B-i/a./i.*/*"->"

STATEMENT OF OBJECTS AND REASONS

Necessary attention has not been devoted to the task of organising agriculture and animal husbandry. Although, article 48 lays down the necessity for this, yet a uniform policy in this direction has not been evolved. The aim and object of article 48 can be speedily and effective- ly achieved if Parliament is empowered to legislate on matters relating to the promotion of animal husbandry in all its vital aspects.

Hence this Bill.

HUKAM CHAND KACHWAL

NEW DELHI;

The 22nd June, 1977.

BILL NO. 98 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. (I) This Act may be called the Constitution (Amendment) Act,

1977.

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

Short title and com- mence, ment.

may, by notification In the Official Gazette, appoint.

2. In article 348 of the Constitution, in clause (1), the words "or in the offlciar language of the Union, namely, Hindi in Devanagari script" shall be added at the end.

Amend- ment of article 348.

STATEMENT OF OBJECTS AND REASONS

Article 343 of the Constitution declares that the official language of the Union shall be Hindi in Devanagari script. At present all proceed- ings in the Supreme Court and every High Court are being done in English language. Our Constitution has been in force for more than 27 yeais and it is rather unfortunate that Hindi is not allowed to be used in proceedings of the Supreme Court and of the High Courts. Article 34ft provides that during the period of 15 years from the commencement of the Constitution,' no Bill making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved without the sanction of the President. The said 15 years have expired but still Hindi language is not allowed to be used in proceedings in the Supreme Court or in the High Courts. It would be in fitness of things, if the official language of the Union is allowed to be used alongwith English in all proceedings in the Supreme Court and in every High Court. With this object in view the present amendment is necessary and" would go a long way in enhancing national prestige.

Hence this Bill.

NEW DELHI; HUKAM CHAND KACHWAI.

The 22nd June 1977.

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to amend article 348 of the Constitution with a view to provide for use of Hmdi language alongwith English in the Supreme Court and the High Courts and for other purposes as speci- fied in clause (1) of article 348. This is likely to involve a recurring expenditure of about Rs. 5 lacs annually in respect of Supreme Court and High Courts in the Union territories.

No non-recurring expenditure it. likely to he involved from the Con- solidated Fund of India.

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, 1978