REGISTERED NO. D. (D)-72
THE GAZETTE OF INDIA
EXTRAORDINARY
PART II~Section 2
PUBLISHED BY AUTHORITY
No. 38] NEW DELHI, FRIDAY, MAY 18,1979/VAISAKBA 28, 1901
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 18th May,
1979:—
BILL NO. 69 OF 1979
A Bill further to amend the Customs Act 1962, the Gold (Control) Act, 1968 and the Foreign Exchange Regulation Act, 1973.
BE it enacted by Parliament in the Thirtieth Year of the Republic
of India as follows: —
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Customs, Gold (Control) and
Foreign Exchange Regulation (Amendment) Act, 1979.
Short title and com. Wience- ment.
(2) It shall come into force at once.
(601)
6d2 THE GAZETTE OF INDIA EXTRAORDINARY [PART ii—CHAPTER II
AMENDMENTS TO THE CUSTOMS ACT, 1962
52 of 1962.
Jmisaion 2. Sections 100 to 140 and 140A of the Customs Act, 1962 shall be omit- ted.
sections 100 to 140 and 140A,
CHAPTER III
AMENDMENTS TO THE GOLD (CONTROL) ACT, 1968
3. Sections 50 to 117 of the Gold (Control) Act, 1968 shall be omitted. 45 of 19GB.
Omission of sections 60 to 117.
CHAPTER IV
AMENDMENTS TO THE FOREIGN EXCHANGE REGULATION ACT, 1973
4. Sections 34, 35, 36, 37, 33, 39, 40, 41; 45; 46; 47; 48; 50; 51; 52; 53; 54;
46 of 1973. 56, 57, 59, 60, 61, 62, 63, 64; 67; 68; 71 and 78 of the Foreign Exchange Re- culation Act. 1973 shall be omitted.
Omission of sections 34, 36, etc.
CHAPTER V
REPEAL OF CUSTOMS, GOLD (CONTROL) AND CENTRAL EXCISES AND
SALT (AMENDMENT) ACT, 1973
36 of 1973, Repeal. 5. The Customs, Gold (Control) and Central Excises and Salt (Amendment) Act, 1973 is hereby repealed and shall be deemed to- have been repealed -from the date when it was first published In the Official Gazette, making all the amendments in the parent Acts to be null and void and of no effect as if this Amendment Act had never been passed.
SEC. 21 THE GAZETTE OF INDIA EXTRAORDINARY 603STATEMENT OF OBJECTS AND REASONS
Prom the working of the Customs Act, 1962, the Gold (Control) Act, 1968, the Foreign Exchange Regulation Act, 1973 and the Customs, Gold (Control) and Central Excises and Salt (Amendment) Act, 1973, it has been observed that there was large scale misuse of power and authority for personal ends. The penal provisions under the above Acts were used as tools to harass and victimise innocent persons, while at the same time, real culprits were let off by the authorities. Dual policy and double standard was openly followed and adopted by even the superior statutory authorities and in this way they discriminated bet- ween person and person without any proper authority of law. Without there being any prima jade finding, prosecutions were launched in false cases and in this way huge amounts were collected by them during the dark days of emergency. There is no dearth of such cases and there was misuse of power and authority openly and freely.
In this connection, it is worthwhile to mention here the serious observation made.by the Chairman of the Committee on Public Under- takings (1978-79) in the Introduction to the 16th Report of the Com- mittee, presented to Lok Sabha on 30-8-1978, as follows: —
"....The inquiries made by, the Committee in this regard have revealed many very disquieting features which are not so much due to any flaw in the respective enactments made by Parliament as due to the senior top officials of the Government including those belonging to the Enforcement Department, Central Board of Re- venue and Central Board of Excise and Customs all under the Ministry of Finance adopting what appear to be corrupt practices mostly in collusion with habitual big economic offenders".
It is further observed that—
"It is amazing and regrettable to note that maximum penalty was imposed and prosecution was also launched against the then Member of Rajya Sabha during Emergency, just for overstaying in a foreign country, while the professional and veteran economic cri- minals were allowed to go unpunished. It appears as if the Enfor- cement Directorate was not meant to detect or prevent economic offences which have serious deliterious effect on the country's economy but more to shield the economic criminals and also to act as a tool for fulfilling personal vendetta and political vindictive- ness".
There would be more equality in the application of law and the country would be better governed without these provisions. Hence it is necessary in the public interest that penal laws under the above enact- ments be repealed.
Hence the Bill.
MANOHAR LAL,
NEW DELHI;
March 15, 1979.
604 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—BILL NO. 65 OF 1979
A Bill to amend the Cigarettes (Regulation of Production, Supply and
Distribution) Act, 1975.
BE it enacted by Parliament In the Thirtieth Year of the Republic of
India as follows: —
1. (1) This Act may be called the Cigarettes (Regulation of Produc-
tion, Supply and Distribution) 'Amendment Act, 1979.
Short title and extent.
(2) It extends to the whole of India.
Substitu- tion of section 5.
2. For section 5 of the Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975 (hereinafter referred to as the principal Act), the following section shall be substituted, namely: — 49 of 1975.
"5. (1) No person shall advertise for the distribution, sale or supply of cigarettes, and no person shall take part in the publication of any such advertisement.
Restric- tion on advertise- ments of cigarettes.
(2) No person shall, whether directly or indirectly, import, for the purpose of carrying on any trade or commerce in cigarettes, any document, article or thing, containing any advertisement.".
3. In section 6 of the principal Act,-
(a) In sub-section (2), the words "or in any advertisement Amend- ment of section 9,
relating to such package" shall be omitted;
(b) In sub-section (2), the words "or any advertisement relating
thereto" shall be omitted.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 60"STATEMENT OF OBJECTS AND REASONS
Cigarette smoking is a grave health hazard. Researches carried out in various parts of the world have confirmed that there is relationship between cigarette smoking and serious diseases like lung and mouth cancer, chronic bronchitis, heart and arteries ailments. The young people are taking to cigarette smoking in a big way- They are taken in by the tantalizing advertisements in newspapers, journals and mass media. It is, therefore, in public interest to do away with such advertisements.
Hence this Bill.
NEW DELHI; LAXMINARAYAN PANDEY.
March 29, 1979.
6o6 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II—BILL NO. 73 OF 1979
A Bill, further to omend the Employees' Provident Funds and Miscellane-
ous Provisions Act, 1952.
BE it enacted by Parliament in the Thirtieth Year of the Republic of
India as follows:—
'
1. (1) This Act may be called the Employees' Provident Funds and
Miscellaneous Provisions (Amendment) Act. 1979.
(2) It shall come into force at once.
Short title and com- mence- ment.
19 of 1952.
Amend- ment of Section 1.
2. In section 1 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1,952, in sub-section (3), in clause (a), for the words "twenty or more persons are employed," the words "twenty or more persons are employed on any day in the preceding twelve months" shall be substituted.
&EC. 2] THE GAZETTE Off INDIA EXTRAORDINARY 60 7STATEMENT OF OBJECTS AND REASONS
Due to the present provision contained in clause (a) of sub-section (3) of section 1 of the Employees' Provident Funds and Miscellaneous Pro- visions Act, 1952 regarding the applicability of the provisions of the Act to an jndustry, man^ establishments escape from the purview of this Act and the employees are not getting the provident fund benefit. This amendment, became necessary to plug that lacuna and to see that the establishments in which twenty or more persons are employed on any day In the preceding twelve months are also brought under this Act.
NEW DELHI; P. RAJAGOPAL NAIDU
April 11, 1979.
6og THE 'GAZETTE OF INDIA EXTRAORDINARY [PAHT II—BILL NO. 68 OF 1979
A Bill further to amend the Constitution of India.
Bt it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:—
1. This Act may be called (the Constitution (Amendment) Act, 1979.
Short title.
2. In article 334 of the Constitution, for the words "thirty years , the
words "fifty years" shall be substituted.
Amend- ment of article 334.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 609STATEMENT OF OBJECTS AND REASONS
The leservation of constituencies of Lok Sabha and Legislative Assem- blies for Scheduled Castes and Scheduled Tribes was guided by the fact that since persons belonging to these castes a mi tribes were backward in every renpect, socially, economically and educationally, they will fall far behind in every walk of life unless they are given special opportunities to bring them at par with other sections of society.
Lok Sabha and Legislative Assemblies are the chief source from where all legislation originates. If the reservation of constituencies is discon- tinued, candidates belonging to scheduled castes and scheduled tribes cannot win election in general contest. Since they are backward from every point of view, it is necessary to continue this reservation.
Keeping this in view, it is necessary to extend the reservation of Lok Sabha Assembly constituencies for them till 2000 A.D. Necessary amendment may be made in the Constitution.
NEW DELHI; RAM VILAS PASWAN
April 12, 1979.
6io THE GAZWrm Of INDIA EpCTBAORpINARY [PART II—FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to amend article 334 of the Constitution to provide for the continuance of the representation of the Anglo-Indian community in the House of the People and in the Legislative Assemblies of the States by nomination for a further period of twenty years from 26th January, 1980. It is estimated that the recurring expenditure on the salaries and allowances and other concessions, of the two represen- tatives of the Anglo-Indian community in the House of the People under article 331, will be of the order of Its. 50,000 per annum.
2, There will be no non-recurring expenditure.
Sfec. 21 TUB GAfflTTftl Of UtttfA HSCmAOBBIJiABY 6n
BILL NO. 70 or 1979
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Thirtieth Year of the Republic of
India as follows:—
1. (1) This Act may be called the Constitution (Amendment) Act
1979.
(2) It shall be deemed to have come into force on the twenty-sixth
Short titl^ and com- mence- ment day of January, 1960.
2. After Part XIII of the Constitution, the following Part shall be
inserted, namely: —
Insertion of new Part xniA.
"PART XIII A
CEILING ON CAPITAL
Ceiling
on capi-
tal.
307A. There shall be a ceiling of one crore of rupees on the capital which can be held by an individual including the capital held by him in a foreign country.
Explanation I,—"capital" means the sum total of the value of assets in any form of an individual including the value of his interest in any form
6i2 THE 'GAZETTE OF INDIA EXTRAORDINARY [PART II—in any trade carried on by any individual, firm, company, whether private or public, body corporate, co-operative society or carried on by any other form of organisation.
Explanation II.—"individual" means any person including the mem-
bers of his family.
Explanation III.—"trade" means any trade, business, industry, profes- sion or occupation relating to the production, supply, distribution or con- trol of goods and includes the provision of any service of any description.
307B. Parliament shall make law, within a period of one year from the date of enactment of the Constitution (Amendment) Act, 1979, to give effect to the provisions of this Part.".
Law t" give effect to provi- sions of this Part.
Sfcc. 2} THE GAZETTE OF INDIA EXTRAORDINARY 613STATEMENT OF OBJECTS AND REASONS
Concentration of economic power in the hands of certain individuals becomes the most powerful instrument of exploitation. This economic strength influences our entire socio-political system causing great pres- sure on the administrative set-up through the present system of elections. Our elections are largely influenced by the money power. At the same time, present system of journalism is also controlled and influenced by the monopoly houses to safeguard their interests. It affects the powers of thinking of our people and misguides them against their own interest which is sometimes not realised by the innocent masses of our people. That is why, it is essential to amend the Constitution in order to put a ceiling on the capital of an individual.
HARIKESH BAHADUR NEW DELHI;
April 16, 1979.
£I4 TH" "Aj*rtTE OF INl>lA EXTftAORD&"ABY [P*"T JX-~BILL NO. 72 OF 1979
A Bi/l to provide for abolition of Capital Punishment in India.
BE it enacted by Parliament in the Thirtieth Year of the Republic of
India as follows:—
1. This Act may be called the Abolition of Capital Punishment Act, Short title.
1979.
2. Capital punishment is hereby abolished in India.
Abolition of capi- tal punish- ment.
45 of 1860.
3. Notwithstanding anything contained in the Indian Penal Code or any other law for the time being in force, maximum punishment for any offence shall noti be more than imprisonment for life.
Maximum punish- ment for any offence.
SEC. 2] THE GAZBHTE OF INDIA EXTRAORDINABY 615STATEMENT OF OBJECTS AND REASONS
All life is sacred and precious. So, one must imbibe reverence for
life. Vengefulness is waste of life.
Human beings are but born once, and they cannot be brushed aside and finished by any legal contrivance or a statutory dispensation. No state can arrogate to itself a legal right to do away with the life of a human being.
Crimes, thefts, murders, assaults, dacoity, etc., are undoubtedly grave offences against Human Life. But they are interwoven with the social, economic, cultural, political and behavioural life-pattern of the commu- nity. And such ugly and objectionable deeds are directly the result of an insecure and indigent human society, bereft of conditions of equilibrium and equity. The wrong-doer or the criminal is, therefore, to be treated as a mental case and be dealt with charitably and sympa- thetically without, of course, any misplaced leniency or unwarranted latitude. The emphasis, moreover, has to be on reformation and educa- tion rather than on rejection and retribution.
All forms of a death sentence are agonizing and cruel. They do not cure the disease nor do they solve the problem. Human and universal experience shows that physical punishments scarcely ensure obedience to the different laws and rules and regulations designed for the good of community and welfare of society.
It must also be remembered that the human machinery set up for the purpose of punishing the guilty is bound to be full of inbuilt short- comings. Persons inflicting punishments including death sentence are liable to err and the evidence on which a sentence is awarded could be misleading. A case of miscarriage of justice in the event of death sentence having been executed can never be repaired, for life once ended cannot be brought back. Thus, to keep an offender alive as a prisoner would in any case be erring on the safe side.
Capital punishment has been abolished in several countries of the world), and the experience so far does not indicate any appreciable growth in crime or murder.
Then, why should we in India grudge in this matter, especially when capital punishment has never been encouraged by our centuries old tradi- tions, morality and ethics?
6 i6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2]Death sentence can never be indispensable. What is important to note ig that long terms of imprisonment are equally effective. And, what is more, life sentence leaves an opportunity both for reformation, almost a rebirth, of the criminal and a remedy for a possible miscarriage of justice.
Hence this Bill. NEW DELHI; P. G. MAVALANKAR.
April 17, 1979.
AVTAR SINGH RIKHY,