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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 36] NEW DELHI, FRIDAY, AUGUST 4, 1978/SRAVANA 13, 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 4th August,

1978: —

BILL NO. 21 OF 1978

A Bill further to amend the Constitution of India.

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 Constitution (Amendment) Act, 1978.

Short title and

commence- ment.

(2) It shall come into force on such date, as may be fixed by the Cen- tral Government, within a period of one year from the date on which it receives the assent of the President.

2. After article 23 of the Constitution, the following new articles shall

be inserted, namely: —

Insertion of new articles 23A, 23B and 23C.

"23A. (1) All adult and educated citizens shall have the right to

work and shall be entitled to adequate means of livelihood.

Right to work and unem- ployment allowance.

(1043)

(2) Falling to procure such means, specified in sub-clause (1),

every citizen shall be entitled to an unemployment allowance during

the period of his unemployment, to be paid by the State.

23B. Tri the eVeilt df failure of negotiations between the manage- Righ to strike.

ment and workers, the latter shall have the right to strike Work.

Sight to recall the

lected

represen- tatives.

23C, The electorate shall have the right to recall their elected re- presentatives in Parliament by submission of a memorandum to the President signed by a two-third majority, if they fail to discharge their duties, use innuuence in splving the problems of the people or are guilty of moral turpitude or act in any manner to the detriment of the country or the people.''.

STATEMENT OF OBJECTS AND REASONS

Article 39 of the Constitution inter aha states: "The State shall, in par- ticular, direct its policy towards securing—(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;". But these rights are only in the nature of Directive Piinciples of State Policy. They are not justiciable and there is no legal sanction behind them. The focal point of the State activity should be the good of the people. Every- body talks of removal of unemployment. This problem is considered serious from all the angles and assurances to solve it had never been lack- ing but no concrete and positive steps have been taken in this direction. The faith of majority of the unemployed youth in the democratic sys- tem is shaken. This major problem must be tackled successfully. If the State fails to do so, there should be a provision for payment of an allowance to be unemployed.

It is necessary to provide in the Constitution for the recall of Mem- ber's of Parliament elected by the people to ensure that they remain cons' tantly vigilant to their duties and responsibilities. Failing which, it may result in a Reeling of authority and leihargy in the minds of elected re- presentatives of the people.

The workers must be granted the right to strike work in the event of failure of negotiations between the management and the workers of in- dustrial undertakings on certain issues. It is in the interest of increasing production to accept the just demands of the workers. Discontented workers can never help increase the production.

This amending Bill seeks to achieve the above objectives.

NEW DELHI;

UGRASEN.

The 1st December, 1977.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for adequate means of livelihood, failing which every citizen shall be entitled to an unemployment allowance. An expenditure of about 500 crores of rupees is likely to be involved every year from the Consolidated Fund of India on this account in respect of Union territories and by way of grants-in-aid to States.

No non-recurring expenditure is likely to be involved in case the Bill is enacted,

BILL N O. 65 OF 1978

A Bill to provide for the establishment oj Trust Corporations and for

matters connected therewith.

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 Indian Trusteeship Act, 1978.

(2) It shall extend to the whole of India.

Short title, extent and commence- ment.

(3) It shall come into force on such date or day as the Central Gov- ernment may, by notification in the Official Gazette, appoint.

2, In this act, unless the context otherwise requires,—

Defini- tions.

(a) "company" means any public or private company registered under the Companies Act, 1956 whose authorised capital exceeds Rs. 10 lakhs.

(b) "panchayat" means such body of a Trust Corporation as is constituted under the provisions of 'this Act for the management of.' the Trust Corporation.

(o) "Trade" means and includes all industries, plantations, banks> business, transport or any other activities carried on for the purpose of making profit.

(d) "Trust Corporation" means such company whose proprietors- have declared themselves, to be itsi trustees in. thy manner laid down in this Act,

3. The provisions of this Act shall have effect notwithstanding any- •thing inconsistent therewith contained in any other law for the time being in force.

Provisions to havfe efl'ect notwith- standing any law in force.

4. A company shall declare itself to be a Trust Corporation by a reso- lution passed by a majority of the share-holders present in a general body meeting.

Formation of a Trust Corpora- tion.

Registrar to be informed.

5. Immediately after the passing of the Resolution under section 4, the Managing Agent or the Manager or the Secretary of the Company shall send an intimation to this effect to the Registrar of Joint Stock Compan- ies in whose jurisdiction the head office of the Company is located.

6. On receipt of such an intimation, the Registrar shall direct the Managing Agent or the Manager or the Secretary, as the case may be, to run the day-to-day affairs of the Company in the capacity of an interim Managing Trustee.

Manage- ment during interim period.

Constitu- tion of Panchayat of Trustees.

7. The Registrar shall make arrangements to assess the assets and liabilities of the Company aa soon as may be and shall constitute in the following manner a panchayat consisting of not more than sixteen mem- bers in order to supervise and have control on and to issue directions to the Managing Trustee:—

(a) not more than five trustees to be nominated by the share-

holders of the Company;

(b) not more than five trustees to be nominated by the trade

union of the employees of the company, of whom ait least one from among the management department and one from among the agents and the rest from among the employees of any of- the other departments;

(c) five trustees to be appointed by the Registrar from among the experts, one each from the Planning Commission, the Ministries of Commerce and Industry, the Department of Company law ad- ministration and the labour department of the State Government concerned an^ one nominated representative of the Municipality or Municipal Corporation of the area where the Head office of the Com- pany is located;

(d) the interim Managing Trustee shall be ex-officio member of

.the Panchayat.

8. Every employee working in the Company for six months shall have

the rifht to vote in the election of trustees.

Right of employees to vote

9. Only such representative of the employees who is a member of any

Trade Union Federation which seeks responsible participation in the management of the Trust Corporation shall be taken in the Panchayat.

Qualifica- tion of an employee Trustee.

Functions of the Pan- chayat.

10. The Panchayat shall decide all the important questions relating to the trade management of the Trust Corporation, frame rules especially for the efficient management of the Corporation and shall approve the annual production schemes, annual accounts, construction and develop- mental programmes, and the proposals regarding purchase, sale, grant and borrowing of loans, salary, wages, bonus to employees and interest to shareholders, if any, etc.

Profits to be depo- sited with Govern- ment of India.

11. After making provision for depreciation and Provident funds, the net profits of the Trust Corporation shall be deposited with the Income Tax Department of the Government of India so that it may be distributed among different States in accordance with the recommendations of the Finance Commission.

Payment of bonus.

12. The Panchayat may sanction general bonus or individual merit bonus in case the annual production exceeds the target fixed by the Corporation.

13. The work implementation Committees of the employees shall be constituted in every department of the Trust Corporation and such com- mititees shall be entrusted with the responsibility of explaining the deci- sions of the Panchayat to the employees, maintaining discipline and im- plementing the welfare schemes of the Trust Corporation.

tation Commit- tees of emplo- yees.

Managing Trustee.

14. The Managing Agent or the Manager or the Secretary of those companies which declare themselves to be Trust Corporation shall be the; ex-nfficio Managing Trustee.

15. In case the Managing Agent is a company or a firm it may nomi~

nate the first Managing Trustee of the Trust Corporation.

Nomina- tion of Managing Trusteo in certain cases.

16. The first Managing Trustee shall hold his office for a term of five

years or till the attainment of ihe age of 60 years, whichever is later.

Term of Orst Managing Trustee.

IT. Any Managing Trustee indulging in a fraudulent practice can be

removed from his office by the Panchayat.

Removal of Managing Trustee.

18. (1) The remuneration of the first Managing Trustee shall be governed by a contract between the Panchayat and the Managing Trustee.

Remunera- tion of first Managing Trustee.

(2) In case of any dispute over the remuneration of the first Managing Trustee, the Registrar of Joint Stock Companies shall decide the remune- ration keeping in view the standard (if living of the first Managing Trustee.

19. The first Managing Trustee may recommend the name of his suc-

cessor but the decision of the Panchayat shall be final.

Successor of Managing Trustee.

20. The Salary of the successive Managing Trustees and other mana-

gers or technical personnel shall be fixed by the Panchayat.

Salary of Managing Trustees.

Chairman of Panchayat.

21. The Panchayat shall elect one of its members as Chairman who jhall convene the meetings of the Panchayat from time to time and pre- side over these meetings.

22. The Panchayat shall supervise the work of the Managing Trustee, scrutinise the report submitted by him and shall issue directions to him in regard to day to day administration, policies and programmes of the Corporation.

Panchayat to issue directions to Managing Trustee.

23. All the employees of the Trust Corporation shall work under the

Managing Trustee during the course of their service.

Control over employees.

24. The Managing Trustee shall have the power to take disciplinary

action against the employees violating the rules.

Discipli- nary action against employees.

25. The accounts of income and expenditure of the Trust Corporation Audit of accounts.

shall be audited by the Comptreller and Auditor General of India.

28. The Statement of income and expenditure, profit and loss and assets and liabilities shall be placed before the joint annual meeting of all the employees and share-holders of the Trust Corporation.

Accounts to be placed before annual general meeting.

21. In case, after examining the audit report the Registrar of the Joint Stock Companies has reasons to believe that the affairs of the company are being conducted against public interest, he may recommend to the Central Government to take over the assets of the Corporation and dis- pose them in a manner as it deems fit.

Taking over of assets by Govern- ment in certain cases.

Coordina- tion with national Plans.

28. It shall be the responsibility of the representative of the Planning Commission in the Panchayat to ensure coordination between the indus- trial and commercial activities of the Trust Corporation and the national schemes for economic development and his decision shall be final in the matter.

66 of 1951.

29. In case the management of any industry or establishment is taken Over by the Government under the provisions of the Industries (Deve- lopment and Regulation) Act, 1951, and is handed over to the Registrar of Joint Stock Companies, it shall be treated as a Trust Corporation under this Act.

Acquisi- tion of manage- ment by Gov. ernment.

Setting up of new Trust Corpora- tions.

30. Any industrialist may set up a new Trust Corporation fey invest- ment of fifty per cent, of the authorised capital, provided the Central Government or the State Government concerned agrees-to invest the re- maining fifty per cent, of the authorised capital subject to the condition that the total equity capital does not exceed Bs. 20 lakhs.

31. The Trust Corporation set up under section 30 shall be governed by the same provisions applicable to other Corporations set up under this Act.

Applica- tion oi Act to new Corpora- tions.

32. The Contract between the Managing Trustee of the Corporation set up under section 30 and the Government in respect of remuneration shall continue to be valid till the first Managing Trustee holds his office.

Managing Trustee of a new Corpora- tion.

Power to make rules.

33. (1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act and the rules so framed shall be applicable both to the companies owned by Indian or foreign nationals or being run by them.

(2) Every rule made under this section 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 successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification 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, how- ever, that any such modification or annulment shall be without pre- judice to the validity of anything previously done uflder that rule.

STATEMENT OF OBJECTS AND REASONS

Mahatma Gandhi had once said that an opportunity would be provid- ed to all the capitalists in independent India to become legal trustees. This Bill seeks to provide such an opportunity to the owners of big com- panies and make provision for running the management of such com- panies on democratic lines in accordance with Gandhiji's principles about trusteeship. The aim of this Bill is to usher in an era of Socialist Society through peaceful means. The Planning Commission has also observed in the Second Five Year Plan that a Socialist Society can be built not only by increasing wealth but by inculcating the spirit of Social Service. It is therefore expedient to create a feeling among the labour that they are associated with the establishment of a Socialist Society. It is hoped that the provisions of this Bill will encourage the workers to take full In- terest in the various activities of the Industry such as production, pur- chase and sale and investment and thus it would prove helpful in in- creasing production. The intention is not to take mandatory steps but to take persuasive steps so that the present proprietors of big companies may bring their present absolute titles under trust ownership.

Hence this Bill.

NEW DELHI;

The 11th October, 1977. TJGRASEN.

PRESIDENTS RECOMMENDATION UNDER ARTICLES 117 AND 274 OF THE CONSTITUTION OF INDIA

[Copy of letter No. 7/46/77-C.L.V., dated the 33th March, 197B from Shri Shanti Bhushan, Minister of Law, Justice and Company Affairs to f,he Secretary, Lok Sabha.]

The President, having been informed of the subject matter of the Indian Trusteeship Bill, by Shri Ugrasen, Member, Lok Sabha, re- commends under clause (1) of article 117 and clause (1) of article 274 of the Constitution the introduction of the Bill and under clause (3) of article 177 of the Constitution the consideration of the said Bill by the Lok Sabha.

FINANCIAL MEMORANDUM

Clause 30 of the Bill provides that the Central Government may invest 50 per cent, of the authorised capital of a new Trust Corporation that may be set up by any Industrialist. The Bill, therefore, if enacted, is likely to involve a recurring expenditure of about R", 2& lakhs from the Consolidated Fund of India.

No non-recurring expenditure ia likely to be incurred.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 33 of the Bill confers on the Central Government power to make rules to carry out the purposes of the Bill when enaeted. Generally, these rules will relate to matters of detail and procedure. The delega- tion of legislative power is, therefore, of a normal character.

BILL N O. 65 OF 1978

A Bill further to amend the Code of Civil Procedure, 1908 and tht Cod*

of Criminal Procedure, 1973.

BB it enacted by Parliament in the Twenty-ninth Year of the Repub-

lic of India as follows: —

CHAPTER I

PRELTMINAHY

1. This Act may be called the Codes of Civil and Criminal Procedure

(Amendment) Act, 1978.

Short litla and com- mence- ment.

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

may, by notification in the Official Gazette, appoint

CHAPTER II

AMFNDMENTS TO THE COD^ OF CIVIL PROCEDURE, 1908

5 of 1908.

2. For section 80 of the Code of Civil Procedure, 1903, the following

section shall be substituted, namely: —

Substitu- tion of section BO.

Notice not neces- sary.

"80. Notwithstanding anything in this Act or any other law, no prior notice shall be necessary for taking any civil action against the Central Government, State Government, any Authority or body thereof, or any other body or Authority.".

3. After section 153B of the Code of Civil Procedure, 190*8, the

following section shall be inserted, namely: —

Insertion of new section 154.

Written argu- ments.

"154. The parties to any civil proceedings may file written arguments in any case, and the Court shall consider the same on merits and further keep the same on record of the case-".

4. In Order XV of the Code of Civil Procedure, 1908, after rule J,

the following rule shall be inserted, namely: —

Amend- ment of Order XV.

Judgment or order on merits.

"1A. Notwithstanding anything in this Act, every judgment or order passed by the Court shall be based on merits Irres- pective of the fact that the concerned parties are present or not."

5. In Order XX of the Code of Civil Procedure, 1908, for rule 6B,

the following rule shall be substituted, namely: —

Amend- ment of Order XX.

"6B. A copy of the judgment shall be made available to the parties within two days from the delivery of judgment at a nominal cost of rupee one.".

Copies of judgment to be made available.

CHAPTER III

AMENDMENT TO THE CODE OF CRIMINAL PROCEDURE, 1973

2 of 1074 B. In section 200 of the Code of Criminal Procedure, 1973, part (a)

of the first proviso shall be deleted.

Amend- ment of section 200.

STATEMENT OF OBJECTS AND REASONS

State or the Public Officer should not have any special privilege, over and above the citizens, in the process of law, otherwise there will be infringement of article 14. Amendment of section 80 of the Code of Civil Procedure, 1908 and section 200 of the Code of Criminal Procedure, 1973 is, therefore, necessary in the public interest. Proposed amendment of other provisions is also necessary for the ends of justice.

Hence the Bill.

NEW DELHI; MANOHAR LAL

The 3th March, 1978.

BILL NO. 118 or 1978

A Bill further to amend the Constitution of India.

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 Constitution (Amendment) Act, 1978.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government Shbrt title, ex. tent and com- mence- ment.

may, by notification in the Official Gazette, appoint.

2. In the Seventh Schedule to the Constitution,—

(i) in List II—State List, in entry 17, the words "and entry 17C of List III" shall be added at the end;

Amend-

ment of

Seventh

Schedule.

(ii) in List III—Concurrent List, after entry 17B, the followinft

entry shall be inserted, namely: —

"17C. Exploration and Utilization of underground water

resources."

STATEMENT OF OBJECTS AND REASONS

India has got a vast potential of underground water resources which can be utilised for irrigational purposes, especially in dry farming areas and backward regions. As yet there is no organisation in the country which has surveyed the underground water resources in a systematic way and no infrastructure has been built to utilise those resources for agri- culture in a big way. So far only the rich farmers are utilising the underground waters through their own tube wells. The general farming community especially in dry areas have not been able to tap the water resources underneath.

The proposed amendment enables the Centre and the States to take up exploration and utilisation of underground water resources for the benefit of the community in water scarcity and dry farming areas.

K. LAKKAPPA.

NKW DELHI;

The l\th April, 1978.

BILL N O. 121 OF 1978

A BUI farther to amend the Code of Criminal Procedure, 1973.

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

1. This Act may be called the Code of Criminal Procedure (Amend- ment) Act, 1978.

unort title.

2. In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act) ,•—

Amend- ment of faction 2.

(i) after clause (d), the following clause shall be inserted, namely: —

"(dd) 'foreigner' has the same meaning as in the Foreigners Act, 1946;";

(ii) after clause (o), ihe following clause shall be Inserted, namely: —

"(oo) 'person' includes a foreigner;";

(Hi) after clause (u), the following clauses shall be inserted, namely: —

"(uu) 'State Government' in relation to a Union territory means the Administrator thereof;

(uuu) in relation to the 'Security of the State'; —

(1) "acting in any manner prejudicial to the security of the State" means making preparation for using, or attempting to use, or using, or instigating, inciting or otherwise abetting the use of, any lethal weapons (including fire arms, explo- sive substances and corrosive substances), to overthrow or overawe the Government established by law in India;

(2) "acting in any manner prejudicial to the maintenance of public order" means—

(1) promoting, propagating, or attempting to create feelings of enmity or hatred or disharmony on grounds of religion, race, caste, or community;

(ii) making preparations for using, or attempting to use or using, or instigating, inciting or otherwise abet- ting the use of any lefthal weapons (including firearms, explosive substances and corrosive substances) where such preparations, using attempting, instigating, inciting or abetting, disturbs or is likely to disturb public order;

(Hi) attempting to commit, or committing, or insti- gating, inciting or otherwise abetting the commission of, mischief within the meaning of section 425 of the Indian Penal Code in respect of public property or means of public transportaiion where the commission of such mis- chief disturbs, or is likely to disturb public order;

(iv) committing offences punishable with death or imprisonment for life or imprisonment for a term extend- ing to seven years or more, where the commission of such offences disturbs or is likely to disturb, public order.

Explanation.—In this sub-section,—

(a) "firearms" shall have 'the same meaning as

in the Arms Act, 195U;

(b) "explosive substances" shall have the same

meaning as in the Explosive Substances Act, 1908;

(c) "public property" means any property own- ed or controlled by the Government or by a corpora- tion owned or controlled by the Government or by a society financed wholly or substantially by the Government.".

3. After section HO of the principal Act, the following section shall be inserted, namely: —

Insertion of new section 110A.

Action in cases in- volving security of State.

"110A(i) If having regard to the circumstances prevailing or likely to prevail in an area, a Police Officer not below the rank of Superintendent of Police having ten years' field experience reports to a Session Judge having jurisdiction, and the Sessions Judge after due consideration of the material placed before him by police is ^•ati*flod that the activities of the person named by the police are

against the security of the State or maintenance of the public order; he may issue a warrant of arrest of any nature for the appearance before the Court or issue a show cause notice to such a person.

(2) The person on whom notice under sub-section (1) is served shall, within two days from the date of receipt of notice, explain why he should not be bound down for a period of not more than five years with ten sureties of good character for an amount not exceeding rupees twenty lakhs.

(3) In the case of a person arrested under sub-section {1), the Court may, where if deems fit, demand an interim bail from the per- son arrested, and in extraordinary cases the Court may, instead of binding him, order him to leave the place or places in the State for a period not exceeding five years.

STATEMENT OF OBJECTS AND REASONS

The gross misuse and abuse of the civil liberity given to the people of the country has given rise to a number of problems such a3 security of the State, maintenance of public order, economic offences, etc.

Considering the complexity and nature oi problems and in the larger interest of the country, the existing law needs amendment to meet such cases.

Hence this Bill.

BALDEV SINGH JAS'ROTIA

NEW DELHI;

The 18th April, 1978.

BILL NO. 116 OF 1978

A Bill to provide for the abolition of death penalty.

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 Abolition of Death Penalty Act,

1978.

(2) It extends to the whole of India except the State of Jammu

and Kashmir.

(3) It shall come into force at once.

Short title, extent and commence- ment.

45 of 1860.

Abolition of death penalty,

2. Notwithstanding anything contained in the Indian Penal Code or any other law for the time being in force, no court having jurisdiction in India shall award the sentence of death to any person convicted of any offence and the maximum penalty for any punishable offence shall not be more than imprisonment for life til] death.

STATEMENT OF OBJECTS AND REASONS

"Every saint has a past, every sinner has a future". In fact, capital punishment is not a punishment but the very end of human existence. If we cannot give life, we have no right to take it away. The Retribu- tion theory is out-moded, barbarous and entirely lacking in reforma- tive value. The plea that capital punishment acts as a deterrent, and exercises a restraining influence is not borne out by the experience of modern States. Besides it demoralises those who inflict it, its heinous nature has the effect of coarsening the public sentiment. To authorise killing is to tamper with the sanctity of human life; sometimes innocent persons have been sentenced to death and in such cases no reparation is possible. Murders are often committed under the influence of a frenzy, which is of the nature of a disease, and has to be treated like many other diseases by proper therapeutic means. To end the life of such a criminal may seem to be a short cut. When the dignity of human life was not adequatelv realised, public conscience tolerated this savage and drastic remedy. But with the growth of a larger percep- tion of the economy of human life and also as a means of educating the social conscience of the community against crimes of violence put upon our shoulders the responsibility to put an end to death penalty and find out some alternative in consonance with the needs of true Interest of the civilized society.

Capital punishment has been abolished in a large number of progres- sive countries in the worM like Australia, Belgium, Denmark, Holland, Italv, Norway, Portugal. Sweder and a few States in America etc. Public opinion in other countries is .also coming round to the view that Capital punishment is a relic of barbarism, and is not suited to the social needs of the present time Even those who arc awarded the death sentence receive clemanov in 9 out of 10 cases. It is morally wrong also for the State in the name of the law to take life deliberately. In the name of eliminating 1he criminal, the State does not erase the crime, but repeals it. Indian ideology is based on non-violence. If a country physically and moral!v in shambles like Germany in 1948 could abolish the doath penaltv without any ill effects, then whv not this coun- try of Mahavira and Buddha, Ashoka and Gandhi? Capital Punishment is irrevocable, so if an innocent person is sentenced on account of some erroneous judgment, there is no compensation for death admits of no compensation. One murder breeds another murder bv giving rise to .sensationalism. It is uniusi as It inflicts injury to the family members who for no fault of their undergo immensp agony.

If the history of humanity is a development from savagery to civili- zation, violence to non-violence, we must have courage to shun our prejudices and rise above old superstitions and abolish death penalty.

Hence the Bill.

RAM.TT SINGH

•NEW DFLHT;

T7>" 11th April, 1978.

BILL N O. 101 OF 1978

A Bill further to amend the Salary, Allowances and Pension of Members

of Parliament Act, 1954.

BE ])t enacted by Parliament in the Twcnty-nirith Year of the Republic of India as follows: —

1. This Act may be called the Salary, Allowances and Pension of Mem- Short title.

bers of Parliament (Amendment) Act, 1978.

2, In section 8A of the Salary, Allowances and Pension of Members 30 of 1954,

of Parliament Act, 1954, in sub-section (I),—

(a) for the words "three hundred rupees'', the words "five

Amend- ment of section gA.

hundred rupees" shall he substituted;

(b) for the existing proviso, the following proviso shall be substituted, namely:—

"Provided that where a person has not served for five years as a Member of the House of 'the People because of the dissolution oi that House earlier than five years from the date appointed for it^ first meeting, he shall he entitled to pension.",

STATEMENT OF OBJECTS AND REASONS

Under section 8A ot the Salary. Allowances and Pension of Members of Parliament Act, 1954, the Members of Parliament are entitled to pension. However, pension is payable to such persons only who have served for a period of five year's as a member of Parliament. This con- dition of a period of five years has given rise to an anomalous situation in respect of the Members of Lok Sabha. Since, none of the First, Se- cond, Third and Fourth Lok Sabhas completed the term of five years from the date appointed for its first sitting, the majority of persons who were members of these Lok Sabhas are not entitled to pension. Only those persons who were re-elected for another term of Lok Sabha are entitled to pension. It is an irony that while, in the eyes of the people, the members of Parliament are entitled to pension, in fact they are not so entitled. It has also given rise to discrimination between the mem- bers of the first four Lok Sabhas and those of the Fifth Lok Sabha who got a term of more than five years and are getting pension.

In order to remove this anomaly in the Salary, Allowances and Pen- sion of Members of Parliament Act, 1954, section 8A thereof needs to be amended. Moreover, a fixed amount of rupees five hundred per month should be given as pension instead of rupees three hundred and a graded upward enhancement of pension to a person who has served for mere than five years, as a Member of Parliament.

Herce the Bill.

VINAYAK PRASAD YADAV

Niw DELHI;

The 4th May, 1978.

FINANCIAL MEMORANDUM

Clause 2 of the Bill seeks to increase the pension of Members of Parliament from Rs. 300/- to Rs. 500/- per month and also to make such Members eligible for pension who have served one full term of Lok Sabha even if it falls short of 5 years prescribed under the existing sec- tion 8A of the Salary, Allowances and Pension of Members of Parliament Act, 1954. The Bill, therefore, if enacted, is likely to involve a recurring expenditure of about Rs. 25,00,000/- from the Consolidated Fund of India.

No non-recurring expenditure is likely to he incurred.

BILL N O. 117 OF 1978

A Bill further to amend the Pharmacy Act, 1948.

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

public of India as follows:—

1. (1) This Act may be called the Pharmacy (Amendment) Act, 1978.

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

may, by notification in the official Gazette, appoint.

Short title and com- mence- ment.

2. In the Pharmacy Act, 1948 (hereinafter referred to as the principal

Act), in section 2, part (d) shall be omitted.

Amend- ment oi section 2.

Amend- ment of section 3.

3. In the principal Act, in section 3, in part (g), for the words "from amongst themselves" the words "from amongst the p'ersons elected under section 19(a)" shall be substituted.

4. Section 15A of the principal Act shall be omitted.

Omission of Section 15A.

5. Section 15B of the principal Act shall be omitted.

Omission of Section 15B.

6. In the principal Act, in section 32A, in sub-section (1),—

(i) for clause (d), the following clause shall be substituted, Amend- ment of Section, 32A.

namely:—

(d) the names of persons who carry on the business or pro- fession of pharmacy in the State, and

(i) have passed an examination conducted by the State Government according to the syllabus prescribed by a State Council;

(ii) have been engaged in the compounding of drugs for a period of five years on the prescriptions of registered medical practitioners without having passed the Senior School Leaving Certificate or its equivalent examination prior to a date to be notified in the Gazette ox India and have enrolled their names with the State Pharmacy Council, on a payment of fee of rupees five, to appear in the examination to be conducted by the State Government in accordance with rules and conditions that may be laid for this purpose by the State Government, at least six months prior to the date fixed for such examination;

(ii) After clause (d), the following clauses shall be inserted, namely:—

"(dd) the names of persons holding degrees of the statutory universities in Pharmaceutical Sciences provided they apply prior to the date notified under clause (d).

(ddd) the names of persons holding degrees other than those of pharmacy and who are not pharmaceutical licensees but are approved by the licensing authorities prior to the date of publication of this Act in the Official Gazette."

7. In the principal Act, in section 42, after sub-section (1), the follow- ing sub-section shall be inserted, namely,—

Amend- ment of section 42.

"(1A) No person shall be employed by any institution, phar- maceutical concei'n or by the Central Government or a State Gov- ernment, to the post for which qualifications of pharmaceutical sciences are required, unless he is registered under this Act."

STATEMENT OF OBJECTS AND REASONS

Under the existing Pharmacy Act, 1948, only persons who are engaged in practising the profession i-e. working in pharmacies and chemists and druggists along with repatriates and displaced persons have been allowed to be registered.

But persons working in the following institutions have been com-

pletely left out.

(1) Hospitals and dispensaries, medical centres, mobile dispensaries and hospitals of State and Central Governments Including Railways and E.S.I.S.,

(2) Hospitals, dispensaries, mobile dispensaries of Charitable institu-

tions,

(3) Hospitals, Dispensaries and mobile dispensaries of local-self Gov-

ernments,

(4) Factories and other establishments dispensaries and hospitals, and

(5) Dispensaries and hospitals of Private Registered Medical Practi-

tioners.

Thus, it will be seen that a great number of persons are left out. Thia causes injustice and hardships to such persons. For want of enough registered pharmacists, Governments overlook the Pharmacy Act. While appointing people who are neither sufficiently qualified nor registered, the need to recognise them due to their long experience and actual train- ing has arisen. This Bill seeks to give them a test and examination BO that they can "je recognised to get registration. This will also save them from illegal appointments In contravention of the Act.

For example, the statements about Maharashtra State will give an

idea as to what will happen after 1981 if no provision is made to absorb the persons already in the line or profession. Secondly, all these persons will be thrown out of the profession and be unemployed, if they are not registered.

So far only four States have enforced pTohibitive Section 42 of Phar- macy Act, 1948, and even then they are contravening the Pharmacy Act by allowing persons approved under Rule 65 of the Drugs and Cosmetics Rules, 1945, to dispense drugs and medicines on the prescriptions of Registered Medical Practitioners-

Hence the Bill.

VASANT KUMAR PANDIT

NEW DELHI;

Tho 10th May, 1978.

BILL N O. 108 OF 1978

A Bill to repeal the Gold (Control) Act, 1968.

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

1. This Act may be called the Gold (Control) Repeal Act, 1978.

Short title.

2. The Gold (Control) Act, 1968 is hereby repealed. 43 of 1068.

Repeal of Act 43 of 1968.

STATEMENT OF OBJECTS AND REASONS

The Gold (Control) Act, 19(>8, was enacted by Parliament to improve the economy of the country and to utilise all the resources for the deve- lopment) of the nat on. The Government wanted to finish the lust for gold and its ornaments. Therefore, it put many restrictions. Con- sequently, lakhs of people were rendered unemployed in the country and there was a lot of agitation. Many people even committed suicide. The Government was forced to make many amendments in the Act, so much so, that the very purpose of the Act has been forefeited. The pre- sent Act is useless and is not helpful for the development of the nation at all. It also does not help in improving the economy of the country. Therefore, the same should be repealed. It's repeal will provide employ- ment to about one million people in the country. Besides, gold ornaments will be exported to foreign countries.

Hence the Bill.

KANWAR LAL GUPTA.

NEW DELHI;

The 24th June, 1978.

BILL NO. 115 OF 1978

A Bill to provide for establishment of Emergency Courts for the trial of a

certain class of offences.

WHEREAS Commissions of Inquiry appointed under the Commis- sions of Inquiry Act, 1952 have rendered reports disclosing the existence of prima facie evidence of offences committed by persons who have held high public or political offices in the country and others connected with the commission of such offences during the operation of the Procla- mation of Emergency dated 25th June, 1975 and during the preceding period commencing 27th February, 1975 when it became apparent that offenders were being screened by those whose duty it was to bring them to book;

AND WHEREAS investigations conducted by the Government through its agencies have also disclosed similar offences committed dur- ing the period aforesaid;

AND WHEREAS the offences referred to in the recitals aforesaid were committed or continued during the operation of the Proclamation of Emergency dated 25th June, 1975, during which a grave emergency was clamped on the whole country, civil liberties were withdrawn to a

great extent, important fundamental rights of the people were suspend- ed, Strict censorship on the press was placed and judicial powers were crippled to a large extent;

AND WHEREAS it is the constitutional, leg-al and moral obligation

of the State to prosecute persons involved in the said offences;

AND WHEREAS the ordinary criminal courts due to congestion of work and other reasons cannot reasonably be expected to bring those prosecutions to a speedy termination;

AND WHEREAS it is imperative for the functioning of parlia- mentary democracy and the institutions created by or under the Con- stitution of India that the commission of offences referred to in the recitals aforesaid should be judicially determined with the utmost dispatch;

AND WHEREAS It is necessary for the said purpose to establish additional courts presided over by a sitting Judge of a High Court in India or a person who has held office as a Judge of a High Court in India;

AND WHEREAS it is expedient to make some procedural changes whereby avoidable delay in the final determination of the guilt or inno- cence of the persons to be tried is eliminated without interfering with the right to a fair trial;

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

lic of India as follows:—

1. (I) This Act may be called the Emergency Courts Act, 1978.

(2) It shall come into force at once.

Short title and commence- ment.

2. The Central Government shall, by notification in the Official Gazette, establish adequate number of courts to be called the Emergency Courts.

Establish- ment of Emer- gency Courts.

3. An Emergency Court shall take cognisance of or try such cases as

are instituted before it or transferred to it as hereinafter provided.

Cognisance of cases by Emer- gency Courts, Declaration by Central Govern- ment of cases to be dealt with under this Act. 4. (1) If the Central Government is of the opinion that there is prima facie evidence of the commission of an offence alleged to have been committed during the period mentioned in the preamble by a person who held high public or political office in India and that in accordance with the guidelines contained in the preamble hereto the said offence ought to be dealt with under the Act, the Central Government shall make a declaration to that effect in every case in which it is of the aforesaid opinion.

(2) Such declaration shall not be called in question in any court.

Institution and transfer of cases.

5. On such declaration being made, any prosecution in respect of such offence shall be instituted only in an Emergency Court designated by the Central Government and any prosecution in respect of such offence pending in any court in India shall stand transferred to an Emergency Court designated by the Central Government.

6. If at the date of the declaration in respect of any offence an appeal

or revision against any judgement or order in a prosecution in respect of such offence, whether pending or disposed of, is itself pending in any court of appeal or revision, the same shall stand transferred for disposal to the Supreme Court of India.

Pending appeal or revision to be transferred to Supreme Court.

7. An Emergency Court shall be presided over by a sitting Judge of a High Court in India or a person who has held office as a Judge of a High Court in India, nominated by the Central Government in consulta- tion with the Chief Justice of India.

Presiding Officers of Emer- gency Courts.

1 of 1974.

8. An Emergency Court shall have jurisdiction to try any person con- cerned in the offence in respect of which a declaration is made under section 4 either as principal, conspirator or abettor and all other offences and accused persons as can be jointly tried therewith at one trial in accordance with the Code of Criminal Procedure, 1973.

Jurisdiction of Emer- gency Courts as to joint trials

9. An Emergency Court shall In the trial of such cases follow the procedure prescribed by the said Code for the trial of warrant cases before a magistrate and save as otherwise provided in this Act be gov- erned by the said Code.

Proce- dure to be followed by Emer- gency Courts.

Appeal.

10. (1) Notwithstanding anything in the said Code, an appeal shall lie as of right from any judgement or order of an Emergency Court to the Supreme Court of India both on fact and on law.

(2) Except as aforesaid, no appeal or revision shall lie to any court

from any judgement or order ol an Emergency Court.

STATEMENT OF OBJECTS AND REASONS

The establishment of special courts to try special classes of offences has been resorted to by the legislatures in this country and the validity of these laws has been upheld by the highest court. Even the Law Com- mission has recently recommended that certain economic and anti-social offences be tried by special courts.

Reports of various Commissions of Inquiry have disclosed offences committed by persons who have held high political or public office in this country. The true character of such persons must be known to the electorate as early as possible if democratic institutions are to survive and political life is to remain clean. The court calendars are so congested and powerful accused are capable of causing so much delay in the dis- posal of cases that ix is desirable that additional courts which will ex- clusively deal with such offences are created. However, consistently without commitment to the Rule of Law, the accused must not be sub- jected to any pl-ucedural handicap or avoidable hostile discrimination. This Bill is intended to serve the said purpose.

NEW DELHI; RAM JETHMALANI.

The 3rd July, 1978.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for establishment of adequate number of courts to be called the Emergency Courts. Though the exact number of such courts cannot be assessed at this stage, yet it is estimated that a recurring expenditure of about Rs. 50,00O|- is likely to be involved from the Consolidated Fund of India on the functioning of these courts.

No non-recurring expenditure is likely to be involved.

AVTAR SINGH RIKHY,

Secretary.

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