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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 21] NEW DELHI, FRIDAY, JUNE 13, 1980/JYAISTHA 23, 1902

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 13th June, 1980: —

BILL NO. 66 OF 1980

A Bill to provide for unrestricted freedom of religion

WHEREAS article 25 of the Constitution of India, inter alia, provides that all persons are entitled freely not only to profess and practise any religion but also to propagate the same;

AND WHEREAS that right to propagate religion is incomplete without winning adherents to that religion;

AND WHEREAS this right has been unduly restricted by laws passed by some State Legislatures by creating new criminal offences;

AND WHEREAS experience has disclosed that the use of criminal law for this purpose has led to persecution and inhibition of legitimate re- ligious activity;

AND WHEREAS the use of force or fraud is adequately dealt with by 45 of 1860. the existing provisions in the Indian Penal Code, 1860;

AND WHEREAS under entry 97 of List I of the Seventh Schedule to the Constitution of India, Parliament is competent to legislate on the subject of religious freedom;

AND WHEREAS under entry 1 of List III of the Seventh Schedule to the Constitution of India, Parliament is competent to legislate on the subject of criminal law and to prevent the misuse of criminal law for any purpose whatsoever;

( 419 )

M 63—G of I

BE it enacted by Parliament in the Thirty-first year of the Republic

of India as follows:—

1. (1) This Act may be called the Freedom of Religion (Removal Short title and of Restrictions) Act, 1980.

commence- ment.

(2) It shall come into force at once.

2. It is hereby declared that every person shall have the right to persuade others to accept the tenets of any religion and to win ad- herants thereto.

Right to persuade to accept religion.

3. The laws specified in the Schedule hereto annexed shall stand

repealed.

Repeal of certain laws.

4. Nothing in this Act shall affect any provisions of the Indian

Saving Of laws. Penal Code, 1860.

45 of 1860.

SCHEDULE

(See section 3)

1. The Orissa Freedom of Religion Act, 1967.

2. The Madhya Pradesh Dharma Swataritraya Adhiniyam, 1968.

3. The Arunachal Pradesh Freedom of Religion Act, 1978,

STATEMENT OF OBJECTS AND REASONS

Three pieces of local legislation mentioned in the Schedule to the Bill have created an intense feeling of dissatisfaction and persecution amongst the minorities, particularly the Christians. The Bill is intend- ed to remove the misgivings of the Christian community of India.

RAM JETHMALANI NEW DELHI;

January 18, 1980.

BILL NO. 73 OP 1980

A Bill to provide for the constitution of a permanent Boundary Commis-

sion and resolve inter-State boundary disputes between States and

States and, between Union territories and States.

BE it enacted by Parliament in the Thirty-first Year of Republic of

India as follows: —

1. (1) This Act may be called the Boundary Commission Act, 1980.

(2) It shall come into force at once.

2. The President shall appoint a Boundary Commission headed by a Judge of the Supreme Court and consisting of two other members who shall not fee holding office under the Union or State Government.

Short title and commen- cement. Appoint- ment and composi- tion ol the Commis- sion.

3. The Commission shall resolve every boundary dispute taking into consideration such factors as linguistic composition of the areas concerned, geographical contiguity and such other factors as it may deem to be relevant in the circumstances of a particular case.

Criteria for re- solving boundary disputes-

4. The decisions of the Commission shall be final and binding on all

the parties to a dispute.

Findings of the Commis- sion.

STATEMENT OF OBJECTS AND REASONS

There is a grave threat to the nation's unity from, increasing bitterness arising out of boundary disputes between States. These disputes must and can be resolved expeditiously in the interest of the nation's unity and of strengthening our people faith in the democratic processes.

Such disputes have defied solution and remained unsolved mainly be- cause in such matters there cannot be absolute principles of universal application. Hence the present Bill to provide for a Commission whose decision in any boundary dispute shall be final and which shall have the power to decide on the basis of such criteria that it may find proper in the circumstances of each case.

NEW DELHI;

EDUARDO FALEIRO

February 29, 1980.

FINANCIAL MEMORANDUM

Clause'2 of the Bill provides for the appointment of a Boundary Com- mission consisting of a Judge of the Supreme Court and two other mem- bers; Expenditure on this account is estimated to be roughly about 40 lakhs of rupees per annum recurring by way of salary and allowances of the Chairman and members and staff of the Commission.

A non-recurring expenditure of about Rs, 10,000 will have to be incur- red' for furniture and office equipment of the Commission.

BILL NO. 84 OF 1980

A Bill to provide for the comprehensive, intensive and speedy planning

and development of the border areas comprising the eight hill districts

of Uttar Pradesh and for matters connected therewith and incidental

thereto.

WHEREAS the northern hill areas of Uttar Pradesh have acquired strategic importance from the point of view of the security of the borders;

WHEHEAS these areas are in need of comprehensive, intensive and speedy planning and development;

WHEREAS the measures so far taken by the Government of Uttar Pradesh to this end have made a Little impact; and

WHEREAS there is now an urgent need of -enacting legislation to .pro- vide for the Central Government to take over the responsibility in the matter of meeting the requirements of necessary planning and fullest development of these areas;

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

1. This Act may be called the Border Areas (Uttar Pradesh flill Districts) Planning and Development Act, 1980,

Short title,

2. (I) There shall be established by the Central Government an autho- rity to be called the Uttar Pradesh Border Areas Development Authority (hereinafter referred to as the Authority).

(2) The Central Government shall, after due appropriation made by

Parliament in this behalf, credit to Hhe Authority, in each financial year, such sums of money as the Central Government considers necessary for carrying out the purposes of this Act.

Establish- ment of Uttar Pradeah Border Areas Develop- ment Autho- rity.

3. The Authority shall consist of the following members: —

(a) the Prime Minister, who shall be the ex-officio Chairman

of the Authority;

Compo- sition. Of the Autho- rity.

(b) the Chief Minister of the State of Uttar Pradesh or, in his absence, the Governor of Uttar Pradesh, who shall be the ex- offtelo Vice-Chairman of the Authority;

(c) the members of Parliament representing the Uttar Pradesh

hill districts;

(d>) the members of Uttar Pradesh Legislative Assembly and

Legislative Council representing the hill districts;

(e) one member, to he appointed by 'the Central Government In consultation with the Government of Uttar Pradesh, who shall he the Director of the Authority.

4. The Authority shall, among other things, perform the following

functions:—

' \ '

Functions of the Autho- rity.

(a) it shall cause a comprehensive and intensive survey of all

natural and other resources of the Uttar Pradesh hill districts;

(b) it shall plan all necessary development schemes;

(c) it shall take all necessary steps for the speedy and result-

oriented implementation of the development schemes;

(d) it shall co-ordinate'the various measures taken or to be taken by the concerned Departments of the Central Government and the Minister of Hill Development and the concerned Departments of the Government of Uttar Pradesh; and

(e) it shall take steps to seek delimitation of Legislative Assembly constituencies in the said areas so as to give to these areas increased representation conducive to the fulfilment of the object of their fullest development.

Powers of the Autho- rity.

5. The Authority shall have all powers necessary to carry out the pur- poses of this Act including the powers to procure the services of experts in various fields and appointment of officers and other employees by deputation or by recruitment from the locally available man-power.

6. (1) The Director of the Authority shall prepare annually a Report on the working and achievements of the Authority specifically detailing therein the development plans and schemes formulated, the results obtained and the plans and the schemes under progress,

(2) The Chairman shall cause a copy of the Annual Report tp b$ Annual Report to be placed before Parlia- ment,

laid pn the Table of each House of Parliament,

STATEMENT OF OBJECTS AND REASONS

The eight hill districts of Uttar Pradesh form the far flung and sensitive northern border areas of our country. These areas have traditionally been affected by extreme poverty and backwardness. The awareness of this condition has been reflected in the demand of a separate State for these hill districts being made from time to time. As in the present context it was not considered in the over-all national interest, to meet the substance of this demand, a Hill Development Board under the Chairmanship of the Chief Minister of Uttar Pradesh was constituted. Subsequently, a Minister for Hill Development was aiso appointed there. A number of Central leaders admitted as fre- quently as they visited those areas that they are actually under condi- tions of extreme poverty and backwardness and expressed their will and determination to do their best for their utmost development and prosperity.

It, however, hardly needs to be mentioned that no significant develop- ment could take place there so far. There Is no hope in sight in the near future either. It is, therefore, considered necessary that the responsibility for the comprehensive, intensive and speedy development of these areas should be placed on the Central Government by suitable legislation.

Hence this Bill.

HARISH CHANDRA SINGH RAWAT

NEW DELHI;

February 29, 1980.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for the establishment of Uttar Pradesh Border Areas Development Authority and appropriation of moneys from the Consolidated Fund of India. Clause 3 provides for the composition erf the Authority which includes a Director besides other members and Chairman and Vice-Chairman who are already the elected represen- tatives. Clause 4 provides for various functions of the Authority. 'Clause 5 provides for the appointments to be made for the purpose of carrying out the purposes of the Bill. Lastly, clause 6 provides for the preparation of an Annual Report of the Authority. It ia not possible at this stage to state the precise estimate of the recurring and non- recurring expenditure involved in implementing the provisions of the Bill when it is enacted and brought into force. According to the rough estimates, however, the initial non-recurring expenditure may be to the tune of rupees one hundred crores and the recurring expenditure to the tune of rupees thirty lakhs per annum.

BILL NO. 78 OF 1980

A Bill further to amend the Constitution oj India,

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

    1.  This  Act  may  be  called  the  Constitution  (Amendment)  Act,  1980.   Short
                                                                                  title.
    2. In  the  Preamble  to  the  Constitution,  after  the  words  "DEMOCRA-    Amend-
TIC",  the  word  "FEDERAL",  shall  be  inserted.                                ment  of
                                                                                  Preamble,
   3.  In  article  1 of  the  Constitution  and  thereafter  wherever  it  occurs Amend-
in  the  Constitution,  for  the  word  "Union",  the  word  "Federation"  shall  ment of
                                                                                  article  1.
be  substituted.
   4.  In  the  proviso  to  article  3  of  the  Constitution,  for  the  words  "for Amend-
expressing  its  views  thereon  within  such  period  as  may  be  specified  in ment  of
the  reference  or  within  such  further  period  as  the  President  may  allow article S.

and the period so specified or allowed has expired", the words "and the Legislature has consented to the proposals contained in the Bill by adopt- ing a resolution to that effect by a simple majority and has forwarded such resolution to the President" shall be substituted.

5. In article 200 of the Constitution,—

(i) the words "or that he reserves the Bill for the consideration Amend- ment of article 200.

of the President" shall be omitted;

(ii) second proviso shall be omitted.

6. Article 201 of the Constitution shall be omitted.

Omission of article 201.

7. For article 248 of the Constitution, the following article shall be

substituted, namely: —

Substitu- tion of article 248.

"248. (1) The Legislature of any State has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or the Union List.

Residuary powers of legis- lation.

(2) Such power shall include the power of making any law

imposing a tax not mentioned in either of those Lists".

8. After article 248 of the Constitution, the following article shall be

inserted, namely: —

Insertion of new article 248A.

"248A. (I) Within two years after the commencement of this Constitution (Amendment) Act, the Lists in the Seventh Schedule shall be reformulated by Parliament by law so as to give greater and real autonomy to States.

Reformu- lation of Seventh Schedule nnd real autonomy to states.

(2) Any such law as is referred to in 'clause (1) shall, in parti-

cular, provide for—

(a) exclusive power of the Centre in the matter of defence, foreign relations including foreign trade, communications, cur- rency and related matters and multi-State industrial, power and irrigation projects except their execution and implementation which shall be left to the States;

(b) coordination and issue of general directions by the Cen- tre in the matter of planning, fixing of prices, wages, industries, industrial licensing, etc.;

(c) exclusive power of the State in the matter of law and

order and the police and certain categories of industries;

(d) non-interference into the affairs of the States by the Centre with its own specially created forces such as Central Re- serve Police or any other police force whjch the Centre may raise-

9. Article 249 of the Constitution shall be omitted.

10* After article 263 of the Constitution, the following new article

shall be inserted, namely:—

Omission of article 249. Insertion of new article 263A.

"263A. (1) The President shall be order establish a National Development Council in which all the States and the Centre shall have representation in the manner to be defined in the order, and any such order shall also define the nature of duties to be perform- ed by the Council and its organisation and procedure.

Establish- ment of National Develop- ment Council and Plan- ning Commis- sion, (2) The National Development Council shall determine the composition of the Planning Commission that may be constituted by the President by order and shall also define the nature of the duties to be performed by the Planning Commission and its organi- sation and procedure.".

11. In article 270 of the Constitution, in clause (2), for the words "such percentage, as may be prescribed", the words "seventy-five per cent" shall be substituted.

Amend- ment of article 270.

12. Article 271 of the Constitution shall be omitted.

13. In article 272 of the Constitution,—

(a) the words "if Parliament by law so provides" shall be

deleted;

Omission of article 271. Amend- ment of article 272.

(b) for the words "any part", the words "seventy-five per

cent" shall be substituted.

14. For article 273 of the Constitution, the following article shall

be substituted, namely.—

Substitu- tion of article 273.

"273. Seventy-five per cent, of the net proceeds in each year of export duty on jute and jute³ products shall be assigned to the States of Assam, Bihar, Orissa and West Bengal and, in lieu thereof, equivalent sums shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of these States."

Grants ln lieu of export duty on jute and jute pro- ducts.

15. After article 273 of the Constitution, the following new article

shall be inserted, namely: —

Insertion of new article 273A.

"273A. Seventy-five per cent, of the revenues levied and col- lected by the Union, which are divisible between the Union and the States, shall be distributed among the States.

16. In article 280 of the Constitution, in clause (3),—

(i) for sub-clause (a), the following sub-clause shall be substi-

tuted, namely:—

Division of revenues among States. Amend- ment of article 280.

(a) the proportion and the principles which would govern the allocation between the States of their respective shares of the seventy-five per cent, of the net proceeds of taxes which are to be or may be levied and collected by the Centre and are divisible between the Union and the States.";

(ii) after sub-clause (b), the following sub-clause shall be

inserted, namely: —

(bb) the according of more powers to the States for impos-

ing taxes;".

17. In article 289 of the Constitution, clauses (2) and (3) shall be

omitted.

Amend- ment of article 289.

18. Article 302 of the Constitution shall be omitted.

19. Article 312 of the Constitution shall be omitted.

Omission of article 302, Omission of article 312.

20. In article 348 of the Constitution ,—

(1) the following clause shall be inserted after clause (1), to Amend- ment of article 348

namely: —

"(1A) Notwithstanding anything In sub-clause (a) of clause

(1), every person shall be entitled to submit a petition to and

address the Supreme Court, during the course of proceedings on

his petition. In any of the languages specified in the Eighth Sche-

dule, and in such cases adequate arrangement shall be made by

the Supreme Court for translation and Interpretation of such

language in English:

Provided that nothing in this clause shall apply to any

judgment, decree or order passed or made by the Supreme

Court.";

(ii) in clause (2), the words "with the previous consent of

the President" shall be omitted.

21. For article 350 of the Constitution, the following article shall

be substituted, namely: —

Substitu- tion of article 350.

"350. (1) Every person shall be entitled to submit a representa-

tion for the redress of any grievance to any officer or authority of

the Union in any of the languages specified in the Eighth Schedule.

Represen- tation in any lun- £uage in Eighth Schedule.

(2) Every person shall be entitled to submit a representation In

his mother tongue for the redress of any grievance to any officer or

authority of the State In which he ordinarily resides.".

22. Clauses (3) and (4) of article 360 of the Constitution shall be

omitted.

Amend- ment of article 3fiO.

23. In the Seventh Schedule to the Constitution,—

(a) in List I, entries 2A and 97 shall be deleted;

Amend- ment of Seventh Schedule.

(b) in List II, the following entry shall be added in the end,

namely:—-

"67. Any other matter not enumerated in List I or List III

including any tax not mentioned in either of those Lists."

SEC. £\ m& tJAZET^E Of INDIA EXTftAOftDltfA&Y 4^3

STATEMENT OF OBJECTS AND REASONS

The question of Centre-State relations is crucial to the preservation of the unity and integrity of India within the framework of its linguistic, cultural and other diversities. The several linguistic and cultural groups that inhabit the country were united before Independence In their common aspiration for freedom from colonial bondage. They are today united in their common aspiration to build a prosperous life for themselves as well as to develop full national resources free from imperialist interference and according to their respective socio-economic, linguistic and cultural needs. The struggle for realising these common aspirations makes it incumbent on the Governments at the Centre and the States, the political parties and the people at large to recognise the need for unity in diversity.

The Constitution that emerged after Independence, though described as federal, was essentially unitary in character. It clothed the Centre with more powers at the expense of the autonomy of the States. That is why the "Concurrent" list has as many as 47 items. Since the adoption of the Constitution, the tendency had been to make greater inroads into the powers of States. This was facilitated by the fact that the same political party was in power at the Centre and in all the States, except for short durations and, that too, in only a few States.

During the last two decades, while the demand has been growing for greater powers to the States so as to make States' autonomy real and effective, there have been persistent efforts to erode even the limited powers of the States and reduce the democratic functioning of the Governments there. The right of the people to manage their affairs even within the limited sphere allotted in the States List of the Constitution has been sought to be reduced to a farce. For this purpose, all manner of pressures had been used, sometimes formally through the power of the Centre, sometimes indirectly by denying finances and other resources etc., to non^Congress Governments and by applying pressure on the Chief Ministers of the Congress Party through the organisation and leadership. During the last ten years, the Centre's tentacles have further spread to the States even in the sphere of law and order, which is formally a State subject, through the creation of the Central Reserve Police, the Border Security Force, the Industrial Security Force etc. By the 42nd Amendment to the Constitution, Education, which was State subject, was transferred to the Concurrent List. The process has now reached a stage when it threats to reduce the States to the status of subordinate departments of the Centre under the aegis of the Central Home Ministry. The Emergency immensely accelerated the process. The actions taken in those twenty months sought to make it clear beyond doubt that the State Ministries and Legislatures faced the perpetual threat of being removed by hook or crook, If they did not toe the line of the Centre.

The issue of Centre-State relations has assumed a new significance in the changed political context. Different parties are in office in th© different States and in the Centre. This is a welcome departure from the one-party authoritarian rule of the Congress. It is a part of the democratic aspirations of the people that federal principles should be correctly understood and applied so that this multiparty democratic pattern may survive,

In a country like India, with such diversities in race, religion, language and culture, national integration can be achieved only through conscious voluntary efforts. Devolution of powers may help ward dff fissiparous tendencies instead of encouraging them. A strong and unified India can only be one in which the democratic aspirations and the distinativeness of the people of the different States are respected and not treated with disdain. It is necessary to provide for strong States, but on no account there 3hould be a weak Centre. The concept of strong States is not necessarily in contradiction to that of a strong Centre, once their respective spheres of authority are clearly marked out.

Hence the Bill.

CHITTA BASU.

NEW DEILHI;

January 18, 1980.

PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117 AND 274 OF THE CONSTITUTION OF INDIA

[Copy of letter No. F.8 (3) -B (S) /80, dated the 4th March, 1980 from Shri R. Venkataraman, Minister of Finance to the Secretary, Lok Sabha.]

The President having been informed of the subject matter of the Constitution (Amendment) Bill, 1980 proposed to be introduced by Shri Chitta Basil, M.P., recommends under articles 117(1) and 274(1) of the Constitution of India, the introduction of the said Bill in the Lok Sabha arid also recommends under article 117(3) of the Constitution of India the consideration of the Bill by the Lok Sabha.

FINANCIAL MEMORANDUM

Clause 20 of the Bill entitles a person to submit his petition to and address the Supreme Court in any of the languages specified in the Eighth Schedule to the Constitution and requires the Supreme Court to make arrangement for translation and interpretation of such langu- ages into English. Similarly, clause 21 entitles a person to submit a representation to the Union in any of these languages. Arrangement for translation and interpretation of all these languages into English is likely to involve a recurring expenditure of about rupees ten lakhs from the Consolidated Fund of India.

A non-recurring expenditure of about rupees five lakhs is also likely

to be incurred

B I LL No. 90 OF 1980

A Bill to amend the Dowry Prohibition Act, 1961.

Bn it enacted by Parliament in the Thirty-first Year ot the Republic of India as follows:—

1. (1) This Act may be called the Dowry Prohibition (Amendment) Act, 1980.

(2) It shall come into force at once.

Short title and com* naence- ment.

to as the Principal Act),—

2. In section 2 of the Dowry Prohibition Act, 1961 (hereinafter referred 28 0* 1981.

Amend- ment %1 section 2.

(i) for the words "after the marriage", the words "within one year after the marriage" shall be substituted;

(ii) in Explanation I, after the words "other articles", the words "the total value of which does not exceed two thousand rupees" shall be inserted;

(Hi) after Explanation I, the following Explanation shall be inserted, namely: —

"Explanation 1A. The term dowry shall include the expenses Incurred by the girl's parents and/or guardians at the time of marriage ceremony, including expenses for entertainment marriage feast, decoration and lighting and shall further include

the expenses incurred by the girl's parents and | or guardians on the occasion of various festivals before and after the marriage but relating to or as a consequences of the marriage:

Provided that if the said expenses when added up do not exceed the amount of one thousand rupees, the said expenses shall not be termed as dowry.".

Amend- ment of section 3.

3. In section 3 of the principal Act, after the words "five thousand rupees", the words "or twice the amount of the dowry, whichever is more," shall be inserted.

4. For the proviso to section 4 of the principal Act, the following

proviso shall be substituted, namely: —

Amend- ment of section 4.

"Provided that no court shall take cognizance of any offence under this section unless a show cause notice is served on the party to the marriage alleged to be guilty of the offence and unless such party is given an opportunity of offering explanation to rebut the charge and| or allegation in defence.".

5. After section 4 of the principal Act, the following section shall be

inserted, namely: —

Insertion of new section 4A.

Penalty for public display of pre- sents, etc, "4A. If any parent or guardian el either party to the marriage displays publicly any articles, presents or gifts received by either party to the marriage, he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to two thousand rupees or twice the value of such articles, presents or gifts so publicly displayed, whichever is higher, or with both.",

Amend- ment of section 7.

6. In section 7 of the principal Act, in part (b), for the words "made within one year from the date of the offence", the following words shall be substituted, namely:—

"by any party to the marriage or by the parent or the guardian

of the party to the marriage;".

7. In section 8 of the principal Act, for the word "non-cognizable" the

word "cognizable" shall be substituted.

Amend- ment of •action 8.

STATEMENT OF OBJECTS AND REASONS

The dowry system in India has ruined many parents of marriageable daughters on being compelled to offer and give dowry to a prospective bridegroom. Large number of newly wedded girls are either driven to commit suicide or are alleged to have been burnt.

Lok Nayak Jaya Prakash Narayan had launched a crusade against this system of dowry as he felt that this is one of the root causes of corruption ,in the society and launched a struggle to abolish this system.

The Committee on the Status of Women in India (CSWI) considered the question of the evil of dowry and recommended that offences under the Dowry Prohibition Act, 1961 should be made' cognizable. Seminar organised by the Mahila Dakshata Samiti on amendment to the Dowry Prohibition Act and protection of abandoned women and children also recommended changes in legislation concerning giving and taking of dowry. Anti-Dowry Committee of the Mahila Dakshata Samiti which studied this problem have come to the conclusion that victims of this evil practice cut across all sections and classes of society. Intervention in serious cases carries little power other than moral persuasion to be effective. Enlistment of cooperation of the law enforcing authorities is very essential. There are number of loopholes in the present Dowry Prohibition Act, 1961, which has resulted in the Act being ineffective, The Bill seeks to provide deterrent action against the offenders and other changes proposed in the present Bill are intended to give effect to such matters as are necessary for the effective operation of the law.

NEW DELHI;

PRAMILA DANDAVATE

March 7, 1980.

BILL NO. 81 OF 1980

A Bill further to amend the Constitution, oj India.

BE it enacted by Parliament in the Thirty-first Year of the Republic

of India as follows: —

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

1980.

(2) It extends to the whole of India.

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

Short title, extent and commen- cement.

*nay, by notification in the Official Gazette, appoint.

2. After article 16 of the Constitution, the following new article shall

be inserted, namely: —

Insertion of new article 16-A.

"16A. (1) All adult citizens shall have the right to work and to Right to work.

have adequate means of livelihood.

(2) Where a citizen is not provided with work to enable him to earn his livelihood, the State shall Tender him assistance with an unemployment allowance.".

3. For article 41 of the Constitution, the following article shall be

substituted, namely: —

Substitu- tion of article 41.

"41. The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to education and to public assistance in cases of old age, sickness and disablement, and in other cases of undeserved want.".

Right to education and to public assistance in cer- tain cases.

STATEMENT OF OBJECTS AND REASONS

Under articles 39 and 41 of the Constitution it is provided that the State shall direct its policy towards securing for its citizens the right to work and adequate means of livelihood but these articles hive not achieved their desired purpose. And unemployment has assumed alarm- ing proportions in the country.

In a welfare State it is the duty of the Government to provide work for all its able-bodied citizens. Failing to procure adequate means of livelihood to any of its citizens, the State should render assistance to them in the form of unemployment allowance.

Th" Bill geeks to achieve this object.

NEW DELHI; K. LAKKAPPA

March 12, 1980.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 (3) OF THE CONSTITUTION OF INDIA

[Copy of letter No. DGE&T-H.11019/3/8O-M.P.(Genl), dated the 31st March, 1980 from Shri J. B. Patnaik, Minister of Labour.]

The President having been informed of. the subject matter of 'The Constitution (Amendment) Bill, 1980 (Insertion of new article 16A. etc.)' by Shri K. Lakkappa, M.P. recommends the consideration of the Bill In the Lok Sabha under article 117(3) of the Constitution.

FINANCIAL MEMORANDUM

The Bill when enacted will enable the Government to render assistance to unemployed persons through the payment of unemploy- ment allowance till such time as they are provided with gainful employment.

The unemployed are estimated to be not less than 10 million persona in the country at present. Various efforts made to provide employment through labour-intensive schemes may at best cover 4 millions, leaving 6 million still as unemployed. Paying an unemployment allowance of Rs. 100/¹- per month per head will involve an annual recurring expen- diture of Rs. 720 crores from the Consolidated Fund of India. The Bill wilj not involve any non-recurring expenditure, (Clause p

BILL NO. 79 OF 1980

A Bill to provide for the grant of loans and various subsidies to small

farmers.

BE it enacted by Parliament in the Thirty-first Year of the Republic

of India as follows:—

1. (I) This Act may be called the Small Farmers Assistance Act,

1980.

(2) It extends to the whole of India.

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

Short title, extent and com mence- ment.

may, by notification in the Official Gazette, appoint.

2. It is hereby declared that it is expedient In the interest of the small farmers and agricultural development that the Union Governs ment should extend loans and provide other srubsidies to small farmers.

Expedi- ency of provid- ing loans and other subsidies to small farmers.

3. In this Act, the "small farmer" means a fanner whose extent of

agricultural land is 10 acres or less of dry land or 5 acres or less of wet land.

Defini- tion of small fanner,

Rate of interest on loan.

4. Loans shall be extended to the needy small farmers with reference

to the cost of farming at a rate of interest not more than 4 per cent

per annum.

Provi- sion of subsidies.

5. Subsidies shall alaoi be provided to the small farmers to enable

them to procure agricultural implements, improved seeds, etc. at subsi-

dized rates.

6. Co-operative societies shall render assistance to the small farmers

in the marketing of their produce.

Market- ing of produce.

Making of rules.

7. The Government shall make rules under which the small farmers can obtain loans and subsidies and regulate the mode of their repayment in an easy manner.

STATEMENT OF OBJECTS AND REASONS

At present small farmers beset with financial difficulties are facing Immense hardship in procuring loans to meet the cost of fanning opera- tions, in buying agricultural implements, improved seeds etc. and mar- keting their produce at prices commensurate with the cost .of operations. It has become difficult for them to satisfy the rules prescribed by Co- operative Banks and Scheduled Banks in obtaining loans. The Bill enables them to obtain loans and other subsidies needed for their opera- tions in easy manner and they are also assured of marketing facilities.

The Bill is thus intended to help the small farmers in all possible ways and is of wide socio-economic importance like land reform legislations.

K. LAKKAPPA

NEW DELHI;

March 12, 1980.

FINANCIAL MEMORANDUM "

Clauses 4 and 5 of the Bill provide for grant of loans and subsidies to small farmers. This will involve a recurring expenditure of about ten crores of rupees from the Consolidated Fund.©f India.

'No non-recurring expenditure is likely to be involved.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Act. As the rules will relate to matters of detail, the delegation of power is of a normal nature.

BILL No. 80 OF 1980

A Bill to provide for abolition of caste system and to put a ban on ex-

pression of caste after the name.

BE it enacted by Parliament in the Thirty-first Year of the Republic

of India as follows: —

1. (1) This Act may be called the Caste System Abolition Act, 1980.

(2) It extends to the whole of India.

(3) It shall come into force six months after the date on which it Short title, extent and com- mence- ment.

receives the assent of the President.

2. The Caste system is hereby abolished.

Abolition of caste system.

3. It shall be unlawful for any Government, authority or person to require a person, who is a citizen of India, to declare his caste in any form, statutory or non-statutory, official or non-official.

Declara- tion of caste as unlawful.

4. No person shall mention his caste after his name, either in writing

or in speech,

Prohibi- tion of mention- ing Caste after name,

5. No person shall call another person by his caste or mention another

person's caste while communicating with him in writing or in speech.

Prohibi- tion on calling a person by hlfl caste.

6. No person shall compel any other person to act in a manner con-

trary to the provisions of sections 3, 4 and 5 of this Act.

Compel- ling per- sons to act con- trary to provi- sions.

Penalty.

7. Any person who acts in contravention of the provisions of this Act,

shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.

8. (J) Thel Central Government shall give effective and rttffuftir¹ publicity to the provisions of this Act for a period of ten years from th© commencement of this Act.

Publicity to be given by the Central Govern- ment, (2) The publicity shall be made through various official and non- official mass publicity media including newspapers, magazines radio, television and cinema,

STATEMENT OF OBJECTS AND REASONS

In the preamble to the Constitution of India, the people have resol- ved, inter alia, to secure to themselves justice, social, economic and political; equality of status and dignity of individual. But the caste system in India has betrayed this noble resolve. In order to make citi- zens' equality a reality, the human mind will have to liberate itself from this obsolete concept. Casteism has embittered man and man relation- ship in our society.

The concept of casteism and the practice of tracing one's social status from his caste is a reactionary and fossilized concept. Such reactionary attitudes will have to be discarded completely if the egalitarian prin- ciples of the Constitution are to inform and elevate our social life.

Hence this Bill.

K. LAKKAPPA NEW DELHI; March 12, 1980.

FINANCIAL MEMORANDUM

Clause 8 of the Bill provides for publicity of the provisions of this Act. It will involve an annual recurring expenditure of about ten lakh rupees from the Consolidated Fund of India.

No non-recurring expenditure is likely to be involved.

BILL NO. 82 OF 1980

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-first Year of the Republic

of India as follows: —

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

1980.

(2) It extends to the whole of India.

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

Short title, extent and commen- cement.

may, by notification in the Official Gazette, appoint.

2. In article 101 of the Constitution, the following clause shall be

inserted at the end, namely: —

Amend- ment of article 101.

"(5) No House of Parliament shall have the power to expel Its members and no resolution to so expel a member passed In a session of the House or a Committee thereof shall render vacant the seat of the member so affected.".

3. In article 190 of the Constitution, the following clause shall be

inserted at the end, namely: —

Amend- ment of article .90.

"(5) No House of the Legislature of a State shall have the power to expel its members and no resolution to so expel a member passed In a session of the House or a Committee thereof shall render vacant the seat of the member so affected.".

STATEMENT OF OBJECTS AND REASONS

Members of the House of the People and Legislative Assemblies of States are elected by the people from specified constituencies and they are expected to be in the service of their Houses during their (the Houses) respective terms. In the functioning of the legislatures during the last 30 years, there have been some instances where the ruling parties, out of political motives, got resolutions passed expelling a mem- ber belonging to the Opposition from the House. The members so expelled have thus been prevented from serving the House and the people who elected them.

On the question of the such expulsion from membership of a House, the Constitution is silent and the ruling parties have been misusing the position they have been occupying as majority parties. It is also not indicated in the Constitution whether such expulsions of members from the Houses amounted to vacation of their seats. The Court judgements also on such questions have been conflicting.

For the healthy working of the Parliamentary system no expulsion of members from their Houses should be brought about by resolutions sponsored by the ruling parties.

The Bill seeks to achieve this object.

NEW DELHI;

K. L A K K A P PA

March 12, 1980.

B I LL N O. 86 OF 1980

A Bill further to amend the Indian Fisheries. Act, 1897.

BE It enacted by Parliament in th© Thirty-first Year of the Republic

of India as follows:—

1. (1) This Act may be called the Indian Fisheries (Amendment)

Act, 1980.

(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 section 3 of the Indian Fisheries Act, 1897 (hereinafter referred iv of

Amend- ment of. section S.

to as the principal Act), after clause (2), the following clause shall be 1897-

Inserted, namely: —

¹ (2a) "mechanised fishing" means fishing by a beat fitted with an

inboard engine;,

3. In section 4 of the principal Act,—

AmencL- ment o| section 4.

(a) for the existing marginal heading the following marginal heading shall be substituted, namely:—

"Destruction of fish by explosive and mechanised fishing in inland waters and on coasts.";

(b) after sub-section (3), the following sub-section shall be inserted, namely: —

(1A) If any person resorts to mechanised fishing in any water to catch or destroy any of the fish therein, he shall be punishable with a fine which may extend to rupees five thousand only, or with confiscation of nets and boat or with both.

(c) for subjection (2), the following sub-section shall be substituted, namely: —

"(2) In sub-section (1) and (IA), the word "water" includes the sea within a distance of 20 kms. of the sea-coast, creeks, rivers, canals, streams or any other water course where fishing is possible; and an offence committed under those sub-sections in such water shall be tried, punished and in all respects dealt with as if it had been committed on the land abutting on such water.".

Amend- ment of section S. 4. In section 5 of the principal Act, in sub-section (1), for the words 'extend to two months, or with fine which may extend to two hundred rupees', the words 'extend to six months, or with fine which may extend to two thousand rupees or with both,' shall be substituted.

5. In section 6 of the principal Act, in clause (a) of sub-section (5), for the words 'one hundred', the words 'two hundred' shall be substituted.

Amend- ment of section 6.

6. In section 7 of the principal Act, in sub-section (1), after clause (b), the following clause shall be inserted, namely:—

Amend- ment of lection 7.

"(c) if the person in charge of the mechanised boat refuses to cease forthwith the fishing operation on being directed to do HO.".

STATEMENT OF OBJECTS AND REASONS

1. The purpose of the amendments proposed to the Indian Fisheries

Act, 1897 is two fold:

Firstly, to render socio-economic protection to the traditional fishermen community numbering about 6,5 million living in over 1800 villages along the entire 5650 kms. coast-line of our country, who earn their livelihood with country-boats and nets, but whose survival is now threatened by the intrusion of mechanised boats into their centuries old traditional fishing grounds in the inshore coastal and inland waters.

Secondly, to protect the delicate fish ecology and fish breeding grounds, which are generally located in the warm nutrient rich shallow coastal waters; to prevent from reckless mechanised fishing which causes killing of fish eggs, alarming depletion of flsh resources, disastrous decline in daily fish catch, rendering lakhs of poor fishermen impoverished.

2. The Planning Commission, in accordance with the recommendations of the National Commission on Agriculture, has directed that firm steps be taken to prevent mechanised boats from fishing near the shores and the necessary punitive laws be passed and a protective force provided. These steps are considered necessary to prevent decline of flsh stock, cutting of nets by mechanised boats and consequent economic crisis for the poorer classes, who are pursuing their centuries old, traditional, labour intensive, rural based occupation,

3. The Bill seeks to achieve the above objects.

VASANT KUMAR PANDIT

NEW DELHI; March 13, 1980.

B I LL N O. 87 OP 1980

A Bill further to amend the Indian Penal Code.

1. (1) This Act may be called the Indian Penal Code (Amendment)

Act, 1980.

(2) It shall come into force at once.

Short title. and com- mence, ment.

46 of I860. 2. In section 53 of the Indian Penal Code- (hereinafter referred to

as the Code), the words "First.—Death;" shall be omitted.

Amend- ment of section 53.

3. After section 53A of the Cod", the following new section shall be

inserted, namely: —

Insertion of new section 53B.

'53B. Any reference to "sentence or death" in this Code or in any other law for the time being in force or in any instrument or order having effect by virtue of any such law 01 of any enactment repeal- ed should be construed as a reference to '"imprisonment for life.".'

Construc- tion of reference to sen- tence vt death.

STATEMENT OF OBJECTS AND REASONS

There is a growing awareness among civilised people everywhere that death penalty is incompatible with the right to life. The execu- tions of political opponents and criminal offenders have recently evoked considerable criticism and opposition from all thinking people. The view that abolition of death penalty is an invitation to offenders Is not sustainable. In any case, it is not right for the State to take away a citizen's life on the ground that the citizen has been responsible for taking away some other person's life.

A campaign has recently been launched to persuade the United Nations and its member States to take immediate steps for the Imme- diate and total abolition of death penalty throughout the world.

This Bill seeks to amend the Indian Penal Code to remove the death penalty from the Indian Statute.

GEORGE FERNANDAS

NEW DKC-HI; March 22, 1980.

AVTAR SINGH RIKHY, Secretary,

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