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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 23] NEW DELHI, FRIDAY, JUNE 20, 1980/JYAISTHA 30, 1902

Separate pacing is given to this Part in order that it may be filed

as a separate compilation

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 20th June, 1980: —

I

BILL NO. I OF 1980

A Bill to provide for the establishment of a permanent Bench of the High Court of Bombay at Aurangabad

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

1. This Act may be called the High Court of Bombay (Establishment Short title.

of a Permanent Bench at Aurangabad) Act, 1980.

2. There shall be established a (permanent bench of the High Court of Bombay at Aurangabad, and such Judges of the High Court of Bombay, being not leas than three in number, as the Chief Justice of that High Court may, from time to time nominate, shall sit at Aurangabad in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of Aurangabad, Nanded, Osmanabad, Bhir and Parbhani.

Establish-

ment of

a perma-

nent

Bench

of High

Court of

Bombay at

Auranga-

bad.

( 5 9 3)

STATEMENT OF OBJECTS AND REASONS

There is need for locating a bench of the High Court of Bombay m me Marathwada region of the State of Maharashtra in the interest of admin- istration of speedy and cheap justice and for the convenience of the litigant public of the region. The Bill provides for the establishment of such a Bench at Aurangabad, the largest and well connected city in the region.

S. K. VAISHAMPAYEN

II

BILL NO. V OF 1980

A Bill to provide for employment to blind persons and for matters con-

nected therewith or incidental thereto.

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 Blind Persons (Employment) Act, 1980.

(2) It extends to the whole of India.

Short title extent and com- mence- ment, (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States.

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

Defini- tions.

(a) "appropriate Government" means,—

(i) in relation to—

(1) any establishment of any railway major port, mine

or oil field; or

(2) any establishment owned, controlled or managed

by the Central Government; or

(3) a company in which not less than fifty-one per cent of the share capital is held by the Central Government or partly by the Central Government and partly by one or more State Governments; or

(4) a corporation (including a co-operative society) established under a Central Act or owned, controlled managed by the Central Government.

(ii) in relation to any other establishment, the Govern- ment of the State in which that other establishment is situated;

(fa) "blind person" means a person who is blind according to

any of the following standards,

(i) total absence of sight; or (ii) visual equity (with correcting lenses) not exceeding

20/200 or 6/60 (snollen) in the better eye; or

(Hi) angle of vision subtending 20 ot less in the better eye;

(c) "chief registering authority" means the authority appointed

under section 6;

(d) "employer" means any persons who employs fifty or mor" persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment;

(e) "establishment" means—

(t) any office, or department of the Government or a local

authority; or

(ii) any place where any industry, trade, business or occupa-

tion is carried on;

(f) "prescribed" means prescribed by rules made under this Act; (g) "register" means the register maintained under section 7;

(h) "registering authority" means the authority appointed

under section 5.

3. This Act shall not apply in relation to—

(a) any employment in agriculture (including horticulture); (b) any employment in domestic service;

(c) any employment which carries a remuneration of less than

Act not to apply in rela- tion to certain employ- ments.

three months;

(d) any employment which carries a remuneration of less than

rupees one hundred per mensem;

4. As from the commencement of this Act, every employer shall reserve not less than three per cent of the vacancies occurring in any year in any employment in the establishment to be filled in by blind persons who are registered under this Act.

Emplo- yers to reserve certain percen- tage of vacan- cies in employ, ments.

5. The appropriate Government may, by notification In the Official Gazette, appoint as many authorities as it deems necessary as Register- ing Authorities for the purpose of registration of blind persons and may, in that notification, define the limits within which each such Authority shall exercise its jurisdiction,

Appoint- ment of regis- tering autho- rities.

6. Without prejudice to the provisions ot section 5, the appropriate Government may, by notification in the Official Gazette, appoint such authority, as it deems fit, as the Chief Registering Authority for the purposes of this Act.

Appoint- ment of Chief Regis- tering Autho- rity.

7. (1) A blind person for registration under this Act may make an application to the registering authority within whose jurisdiction he resides in such form and in such manner as may be prescribed.

Registra- tion of blind persons.

(2) On receipt of an application under sub-section (i), the Register- ing Authority may cause such inquiries to be made as it deems neces- sary and if it is satisfied that the applicant is a blind person it shall register his name in a register and issue him a certificate of registration in the prescribed form.

(3) A Register for the purpose shall be maintained by th" Regis- tering Authority in such form and in such manner as may be prescribed.

8. Every Registering Authority in a State shall submit to the Chief Registering Authority of the State such periodical returns (including a list of the blind persons registered with the registering authority) within such intervals and with such particulars as may be prescribed.

Regis- tering autho- rities to submit perio- dical returns to the Chief Regis- terlng Autho- rity.

9. Every employer shall before filling up any vacancy in any estab- lishment notify that vacancy to the registering authority within whose jurisdiction that establishment is situated.

•Emplo- yers to notify vacan- cies to the Regis- tering autho- rities.

10. (1) As soon as may be after the receipt of the notification of the Regis- tering Autho- rity to furniBh list of blind persons to em- ployers.

vacancies under section 9, the Registering Authority shall furnish a Hst of blind persons registered with it, containing such particulars aa may be prescribed, to the employer who has notified the vacancies under that section and thereupon the employer shall, within the pres- cribed period, fill up the percentage of vacancies prescribed in section 4 by appointing such of the blind persons as he considers suitable and inform in writing the fact of such appointment to the Registering Authority.

(2) No employer shall reject a blind person on the ground that he cannot perform a particular job unless so certified by a Board of Experts.

(3) In case a Board of Experts certifies that a particular blind person can perform a particular job with the help of any available modern technological aids, it shall be the responsibility of the appropriate

Government to provide such aids to the concerned employer on loan for the period of employment of such blind person.

(4) The appropriate Government shall appoint a Board of Experts in such manner as may be prescribed which shall, in each case, deter- mine whether a blind person can perform a job with the help ofmodern aids.

(5) The decision of the Board of Experts shall be final and binding

both on the appropriate Government and the employer.

(6) Where any registering authority in a State has no suitable blind person registered with it, it shall intimate this fact to the Chief Registering Authority of the State and thereupon the Chief Registering Authority shall forward to the Registering Authority the name of any blind person entered in the records maintained by the Chief Registering Authority upon which the provisions of sub-section (1) shall apply.

11. If any dispute arises between the employer and the Registering Authority as to the suitability of a blind person for appointment or as to whether such person is a blind person or not, such dispute shall be referred to such authority as may be specified in this behalf by the appropriate Government and the decision of such authority shall be final,

Disputes between the em- ployer and the Regis- tering Autho- rity to be refer- red to speci- fied author rity.

12. When any blind person has been appointed In any establishment under section 10, the Registering Authority or, as the case may be, the Chief Registering Authority, shall remove the name of such person from the register or other records after a period of one year from the date of his appointment.

Removal of names of blind person from the register.

13. Where after the appointment of any blind person in any establish- ment under section 10 such person has been discharged by the employer, nothing in this Act shall preclude such person to get himself registered again with the Registering Authority m accordance with the provisions of this Act.

Re-regis- tration of blind persona in cer- tain cases.

Vacan- cies to be carried forward.

14. (1) Where in any year any vacancies in an establishment reserv- ed under section 4 cannot be filled in either due to the non-availability of suitable blind person or for any other sufficient reason, such vacancies may be filled in by the employer by appointment of persons who are not blind, but the number of such vacancies shall be carried forward to the succeeding year and so on upto the end of the fourth year:

Provided that the aggregate of the vacancies carried forward to any year and the vacancies reserved under section 4 In that year shall not exceed fifty per cent of the vacancies (both reserved and unreserved) in that year.

(2) For the purpose of sub-secfion (I), a blind person shall not be deemed to be unsuitable to fill in the vacancy unless a certificate in this behalf is obtained by the employer from the registering authority.

15. (1) Every employer shall maintain registers and records giving such particulars of the blind persons as may be prescribed.

Emplo- yers to maintain records.

(2) The records maintained under sub-section (1) shall be open to inspection at all reasonable times by such persons as may be authorised in this behalf by general or special order by the appropriate Govern- ment.

National Advisory Council.

16. The Central Government shall appoint a National Advisory Council and the State Governments shall appoint their own Advisory Councils to advise them on all problems arising from the implemen- tation of this Act.

Unem- ploy- ment Allow- ance.

17. The Central Government or the State Government, as the case may be, shall give an unemployment allowance of three hundred rupees to every blind person whose name appears in the register main- tained under section 7 of this Act till such time as he is given an employment.

Penalty.

18. (1) If any employer contravenes the provisions of section 4 or section 9 or section 10 of this Act or the rules made thereunder, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both.

(2) If any employer contravenes the provisions of sub-section (1) of section 15 or obstructs or causes obstruction to any officer authorised to inspect the records under sub-section (2) of that section, he shall be punishable with fine which may extend to one thousand rupees.

Offences by Com- panies.

19. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he had exercised all due dilligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or con- nivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accor- dingly.

Explanation: For the purposes of this section,—

(a) "Company means any body corporate and includes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.

20. Where an offence under this Act has been committed by any Department of Government, the head of such Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Offences by a Govern- ment Depart- ment.

Provided that nothing contained in this section shall render the head of such Department liable to any punishment under this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due dilligence to prevent the commission of such offence.

Power to make rules.

21. (1) The Central Government may, after consultation with the National Advisory Council referred to in section 16, by notification in the official Gazette, make rules for carrying out of the purposes of this Act.

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

(a) the qualifications which a blind person shall possess to, en- title him to make an application under section 7;

(b) the form in which an application under section 7 shall be made and the particulars which such application shall contain;

(c) the form and manner in which the register shall be main- tained under section 7;

(d) the returns to be submitted to the Chief Registering Autho- rity, the intervals within which such returns shall be submitted and the particulars which such returns shall contain;

(e) the particulars which a list of blind persons furnished under sub-section (1) of section 10 shall contain and the period within which the employer shall fill up the vacancies under that sub-section;

(f) the authority to which any dispute between the employer and the registering authority may be referred under section 11;

(g) any other matter which is to be or may be prescribed under this Act.

(3) 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 ses- sion for a total period of thirty days which may be comprised In one session or in two or more successive sessions, and if before expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall there- after have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

STATEMENT OF OBJECTS AND REASONS

It goes without saying that the handicapped persons in general and the blind persons in particular deserve special consideration. Provi- sions have been made by various laws and Government Orders for reservation of jobs for persons belonging to weaker sections of the society. It is only appropriate that blind persons also receive similar preferential treatment.

Hence this Bill.

SHIVA CHANDRA JHA

FINANCIAL MEMORANDUM

Clause 5 of the Bill enables the appropriate Government to appoint as many Registering Authorities as it deems necessary for the purpose of registration of blind persons. Clause 6 of the Bill empowers the appropriate Government to appoint a Chief Registering Authority for the purposes of the Act. Sub-clause (4) of Clause 10 provides for the appointment of Experts by the appropriate Government. Clause 16 of the Bill provides for the appointment of a National Advisory Council by the Central Government. Clause 17 of the Bill makes provision for giving unemployment allowance of three hundred rupees to every blind person till such time as he is given employment. Clause 21(1) (f) en- ables the Central Government to make rules to provide for an authority to which any dispute between the employer and the Registering Autho- rity may be referred.

At this stage, it is not possible to estimate the exact expenditure involved from the Consolidated Fund of India both non-recurring and recurring. However, it is estimated that an expenditure of a sum of one crore of rupees is likely to be incurred as recurring expenditure and a sum of rupees five lakhs as non-recurring e x o e n d i ^ e.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 21 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. The matters with res- pect to which rules may be made are matters of administrative proce- dure or detail. The delegation of the legislative power is, therefore, of a normal character.

in

BILL NO. II OF 1980

A Bill further to amend the Constitution of India

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

)f India as follows: —

1. Thia Act may be called the Constitution (Amendment) Act, 1980.

Short title.

I. In article 326 of the Constitution, for the words "twenty-one years"

the words "eighteen years" shall be substituted.

Amend- ment of irticle 130.

STATEMENT OF OBJECTS AND REASONS

For strengthening democracy at its grass roots level it is imperative to lower the voting age to eighteen years from twenty-one years as at present by amending the Constitution. And this is what socialism demands.

Hence this Bill

SHIVA CHANDRA JHA.

FINANCIAL MEMORANDUM

This Bill proposes to make all young people who are between the ages of 18 and 21, voters for the (purpose of elections to the House of the People and Legislative Assemblies of the States. Such a course would entail an additional outlay on the preparation of electoral rolls, etc. It will not be possible to estimate the exact amount of expenditure as a result of the proposed amendment. In any case the estimated recurring expenditure may not exceed fifteen lakhs rupees.

There will be no non-recurring expenditure.

IV

BILL NO. IV 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. (I) This Act may be called the Constitution (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 article 83 of the Constitution for clause (2), the following clause shall be substituted, namely: —

Amend-

ment of

article 83.

" (2) The House of the People, unless sooner dissolved, shall con- tinue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the House:

Provided in case House is dissolved sooner, the newly elected House shall continue only for the remaining period @t the said five years;

Provided further that any of the aforesaid periods may, while a Proclamation of Emergency is in operation, be extended by Parlia- ment by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Pro- clamation has ceased to operate.

3. In article 172 of the Constitution for clause 1, the following clause shall be substituted, namely: —

Amend- ment of article 172.

"(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the Assembly:

Provided that in case the Assembly is dissolved sooner, the new- ly elected Assembly shall continue only for the remaining period of the said five years:

Provided further that to enable enforcement of this article the State Assemblies which came into existence after June, 1980 shall continue till the last day of the month of February, 1985 so as to synchronise their elections with that of the Lok Sabha.

Provided also that any of the said periods may, while a Pro- clamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extend- ing in any case beyond a period of six months after the Proclamation has qeased to operate,

STATEMENT OF OBJECTS AND REASONS

There has been a visible trend in our country that the ruling party at the Centre dissolves the Lok Sabha or the State Assemblies to suit its party interests. It is desirable that this trend is checked so as to bring about political stability in the country. Fixing of a definite period for holding elections every five years and curbing the temptation to manoeuvre elections to serve party interests would help not only In re- storing the waning public faith and interest in Parliamentary democracy and the elections but also in saving the country from great financial strain resulting from frequent dissolution of the Lok Sabha and the State As- semblies. It would also have the effect of synchronising the elections to the Lok Sabha and the State Assemblies so as to enable the evolution of a national political pattern and thereby achieve the goal of political stability and check the prevalent political horse-trading.

This Bill seeks to achieve this object.

J. P. MATHUR.

BEC. 2] THE GAZfiTTE OF ?NT>lA fiXTftAOfttHttAfttf 607

V

BILL NO. Ill OF 1980

A Bill to establish a National Committee for Haj and Zarat for assisting

Muslim pilgrims to Saudi Arabiu, Syria, Iraq, Iran, and Jordan and for

matters connected therewith

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

1. This Act may be called the National Committee for Haj and Ziarat Short title.

Act, 1980.

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

Defini- tions, (a) "Committee" means the National C<^mmittee for Haj and Ziarat constituted under this Act;

(b) "pilgrim" means a Muslim proceeding on, or returning from, pilgrimage to Saudi Arabia, Syria, Iraq, Iran or Jordan;

(c) "pilgrim ship" or "pilgrim aircraft" means a ship or aircraft transporting or about to transport pilgrims from or to any seaport or airport in India to or from any seaport or airport in the countries referred to in clause (b);

(d) "prescribed" means prescribed by rules made under this Act

3. (1) With effect from such date as the Central Government may, by- notification in the Official Gazette appoint in this behalf, there shall be established a Committee by the name of the National Committee for Haj and Ziarat.

Incor- poration of the National Com- mittee for Haj and Ziarat.

^2) The Committee shall be a body corporate having perpetual suc- cession and a common seal with powers to acquire, hold and transfer pro- perty, movable Or immovable, and to create a charitable trust or endow- ment, subject to such conditions as may be prescribed and shall, by the said name, sue and be sued.

4. (2) The Committee shall consist of the following members, namely: —

Compo- sition of the Com- mittee.

(a) nine members of Parliament of whom six are to be nominat- ed by the Speaker of the House of the People from among its Muslim members and three, by the Chairman of the Council of States from among its Muslim members;

(b) four members from each of the following categories of per- sons to be nominated by the Central Government:

(i) persons having expertise in public administration;

(ii) persons having expertise in Islamic theology and Mohammedan law;

(Hi) persons associated with charitable institutions and volun- tary agencies for social work;

(iv) persons associated with educational, social and cultural institutions of national standing:

Provided that at least one and not more than two persons shall be nominated from each of the States of Andhra Pradesh, Assam, Bihar, Gujarat, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal;

(c) Six members representing the following Ministries/Depart- ments of the Government of India: —

(a) Civil Aviation; (b) Economic Affairs;

(c) External Affairs; (d) Health; (e) Railways;

(f) Revenue; and (g) Shipping.

5. (1) The members of the Committee shall be nominated in such manner as may be prescribed.

Nomina- tion of members.

(2) As soon as may be after the nomination of the members of the Committee, the Central Government shall publish in the Official Gazette a Notification giving the composition of the Committee,

Term of oaic".

6. The term of office of the Committee shall be three years commencing on the day following the publication of the Notification, under sub-section (2) of section 5:

Provided that the term of the Committee may be extended by the Central Government, by a notification in the Official Gazette, for a period not exceeding one year at a time and not extending in any case beyond a period of live years.

7. (1) The Central Government shall convene the first meeting of the Committee and shall direct the Committee to elect a Chairman and two Vice-Chairmen from among its members;

Chairman and Vice-Chair men.

(2) The Chairman and the Vice-Chairman shall exercise such powers and discharge such duties as may be prescribed.

(3) The election of the Chairman and Vice-Chairmen shall be notified by the Central Government in. the Official Gazette.

(4) The term of Office of the Chairman and of the Vice-Chairmen shall be co-terminus with that of the Committee.

(5) Vacancy in the Office of the Chairman or of a Vice-Chairman shall be filled by election.

Consti- tution of new Committee.

8. (1) The Central Government shall take or cause to, be taken all necessary seeps for the reconstitution of a new Committee before the expiry of the term or the extended term, as the case may be, of the Com- mittee.

(2) No person shall be ineligible for nomination to the new Committee on the ground that he is or has been a member of the Committee.

9. (I) The duties of the Committee shall be—

(a) to advise the Government of India on all matters relating

Duties of the Com- mittee.

to the performance of Haj and Ziarat;

(b) to finalise the annual Haj and Ziarat Plan and to approve the guidelines for the proper organisation of Haj and Ziarat and for aid and assistance to the pilgrims;

(c) to approve the Annual Report and Annual Accounts for sub- mission to the Central Government;

(d) to discharge such other duties in connection with pilgrim traffic as may be prescribed.

(2) The Central Government and the State Governments shall afford all reasonable assistance to the Committee in the discharge of its duties and give due consideration tq the advice and recommendations of the Committee.

10. (1) The Committee shall meet at least twice in a year, soon aftet the Haj season is over and before the commencing of the next Haj season.

Meet- ings of the Com- imitteo.

(2) It shall hold an extraordinary meeting as and when considered necessary by the Chairman or when requisitioned by at least half of its members.

(3) The quorum for a meeting of the Committee shall be one-third

of the members of the Committee.

{4) The Chairman, the Vice-Chairmen ana tne Executive Officer of the Committee along with a representative of the Central Government shall constitute a Standing Committee to guide the functioning of the Committee.

11. (1) The Committee shall have an Executive Officer who shall act m its ex-officio Secretary.

Execu- tive officer and othpr cm. playaes.

(2) The Executive Officer shall be appointed by the Committee out of a jptflnel of naoaes proposed by the Central Government on such terms and apodittpns as may be determined by the Central Government in consulta- tion with the Committee.

i&\ The Executive Officer shall execute the decisions of the Commit- tee and perform such other functions as may be prescribed.

W The Executive Officer shall perform his functions under the guid- ance of the Standing Committee,

{§) The Committee may, subject to the approval of the Central Gov- ernment, appoint such other employees as it may consider necessary for assisting the Executive Officer in the discharge of his duties.

(6) The Executive Officer shall be advised and assisted in the discharge of his duties at each port of exit or re-entry by a Pilgrims' Welfare Com- mittee and an Advisory Committee.

M. (1) The Committee shall nominate,—

(a) a Pilgrims' Welfare Committee consisting of—

(i) five representatives of charitable institutions and voluntary agencies interested in the welfare of the pilgrims;

Welfare and Ad- visory- Corn- mittees.

(;ii) five persons of high moral, social and professional stand- ing from among the residents of the port of exit or re-entry;

(b) An Advisory Committee consisting of the senior-moat repre- sentative of the following Departments and Organisations at the port of exit or re-entry, namely: —

(i) Department of Customs;

(ii) jytercajolile Marine Department;

(ili) Port Health Organisation; (iv) Director General of Civil Aviation; (v) Port Authority; (vi) Airport Authority; (vii) Police; (®wi) Municipality; (ix) State Haj Committee.

(2) The Executive Officer may convene a meeting of the Pilgrims' Welfare Committee and the Advisory Committee as often as may be consi- dered necessary.

(3) The Executive Officer may, along with one or more members of the Pilgrims' Welfare- Committee or the Advisory Committee, enter and inspect any pilgrim ship or pilgrim aircraft due to take pilgrims from or bringing pilgrims to the port of exit or re-ientry.

13. Any officer of the Shipping Company or the Airlines who hinders or causey any other persons to hinder such inspections or fails to render reasonable facilities therefor shall be punishable with fine which may extend to five hundred rupees:

Penalty for causing hindrance to ins- pection.

Provided that no Magistrate other than a magistrate of the First Class shall take cognizance of such offence and such magistrate shall take cog- nizance of such offence only on a written complaint by the Executive Officer.

Sub- Committee:

14. The Committee may appoint one or more Sub-Committees consisting of such number of members and other persons as may be prescribed for such purposes as it may deem fit.

Haj Fund, 15. (1) The Committee shall have its own Fund 'to be called the Haj Fund and there shall be placed to the credit thereof the following sums, namely: —

(i) the interest on all deposits made by pilgrims under section

273 of the Merchant Shipping Act, 1958;

44 of 1058.

44 of 1958.

(ii) the fees charged for the registration of pilgrim passes in. pursuance of any rule made under section 282 of the Merchant Ship- ping Act, 1958 and the Rules made thereunder;

(iii) the sums realised from the sale of the effects of deceased pilgrims and sums of money left by deceased pilgrims which are un- claimed for three years after death;

(iv) any fees which may be levied by the Executive Officer for the issue of visitor passes to friends and relations of pilgrims for board- ing a pilgrim ship or aircraft;

(v) any sums contributed by the Central Government or any

State Government to the Haj Fund;

(vi) any sums contributed or donated by private persons;

(vii) the amount standing at the commencement of this Act to the

credit of the Haj Fund or the Indigent Pilgrims Fund.

16. The Central Government may, by notification in the Official Gazette, exempt the donations to the Haj Fund by individuals or insti- tutions from the payment of income-tax,

Exemption to indi- viduals and com- panies from taxes.

17. All properties and assets owned or acquired before the establish- ment of the Committee under this Act by the Haj Committee, Bombay, shall, on the date of establishment, vest in the Committee and form part of the Haj Fund referred to in section 15.

Vesting of property in the Commit- tee.

18. The Haj Fund shall, subject to any Rules that may be made under this Act, be under the control and management of the Committee and shall be applied to the following purposes, namely: —

Applica- tion of the Haj Fund,

(a) pay and allowances of the Executive Officer and other

employees of th& Committee;.

(b) payment of charges and expenses incidental to the due

performance of its duties by the Committee.

Annual Report.

19. (1) The Committee shall, as soon as possible after the commence- ment of each financial year, submit to the Central Government a report In such form and before such date as may be prescribed, giving a true and full account of its activities, policy and programme during the pre- vious financial year and an account of the activities likely to be under- taken during the current financial year.

(2) A copy of the report received under sub-section (1) shall be laid

before each House of Parliament.

20. CO The Central Government may, by notification in the Official

Gazette, make rules to carry out Iho purposes of this Act.

Power to make rulM.

(2) In particular, and without prejudice to the generality of the power under sub-sertion (1), such rules may provide for all or any of the following matters, namely:-—

(a) the manner of nomination of the members of the Committee and the constitution of the State Haj Committees and the Pilgrims Welfare and Advisory Committees 'for the ports of exit or re- entry;

(b) the procedure for the election of the Chairman and the

Vice-Chairmen of the Committee;

(c) the procedure for filling the vacancies in the office of the

Chairman, Vice-Chairmen and other members of the Committee;

(

terms and conditions of his service;

(e) the custody and operation of the Haj Fund;

(/) the procedure for the preparation, submission and approval

of the Budget of the Committee;

(g) the returns, statements and reports to be submitted by the

Executive Officer to the Committee;

(h) the Annual Report to be ,<;ubmifter! in the Central Govern-

ment by the Committee;

(i) any other matter which is to be, or may be, prescribed.

(3) 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; wbi~h 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 bo,fh 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 however that any such modification or annulrr:nt shall be without pre- judice to the validity of anything previously done under that rule.

Power to make bye-laws, 21. (1) The Committee may make bye-laws not Inconsistent with the provisions of this Act and the rules made thereunder in respect of the following matters, namely:—

(a) laying down the procedure of business at meeting of the Committee;

(b) prescribing the registers and records to be maintained by the Executive Officer;

(c) prescribing the periodical reports to be submitted by the Executive Officer to the Committee;

(d) prescribing the procedure for the conduct of any other aspect of its work.

(2) The bye-laws made by the Committee under this section shall be submitted to the Central Government and shall not take effect until they have been confirmed by the Central Government and published in the Official Gazette.

Audit of accounts.

22. (1) The Accounts of the Haj Fund or any other Fund operated by the Committee shall be audited by the Comptroller and Auditor General of India or by any other auditor as may be decided by the Central Government.

(2) The cost of the audit shall form a charge on the Haj Fund.

23. The Officers and employees of the Committee, the auditors and all other persons duly appointed to discharge any duties under this Act or rules or bye4aws made thereunder, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

Officers and em- ployees of the Com- mittee to be deem- ed public servants.

Superses- sion of the Commit- tee.

24. (1) If at any time the Central Government is of the opinion that the Committee is unable to perform its duties under this Act or has exceeded or abused its power, the Central Government may, by noti- fication in the Official Gazette, supersede the Commi-ttee before the com- pletion of its term for¹ such period as may be specified in the notifica- tion:

Provided that before issuing a notification under this sub-section the Central Government shall direct the Committee to show cause within a reasonable time as to why it should not be superseded and shall consi- der the reply, if any, by the Committee, before taking a final decision in the matter.

(2) Upon supefsession of the Committee under sub-section (1)—

(a) all members of the Committee shall vacate their offices as members with effect from the date of supersession;

(b) all duties and powers which may under this Act be exer- cised or performed by or on behalf of the Committee shall, during the period of supersession be exercised and performed by such per- son or persons as the Central Government may direct;

(3) On the expiry of the period of supersession specified in the noti- fication under sub-section (1), the Central Government may extend th" period of supersession for such further period as it may consider necw- sary or decide to constitute a new Committee.

51 of 1959.

25. (1) The Haj Committee Act, 1959 is hereby repealed.

Repeal and Savings,

(2) Notwithstanding such repeal, the Haj Committee constituted under the said Act shall until the establishment of the Committee under this Act, continue to function as if this Act had not been passed and on such establishment of the Committee under this Act the Haj Committee shall stand dissolved.

STATEMENT OF OBJECTS AND REASONS

There has been widespread and oft expressed dissatisfaction over the efficacy of the existing Haj Committee Act, 1959, primarily because its composition is not representative of the Indian Muslim community as a whole, and there is preponderant almost overwhelming, representation of Bombay city. This has come about because the existing Act sought to transform what was a Port Haj Committee into a National Haj Com- mittee. Secondly, the ex-officio members representing the various Minis- tries/Departments of the Government do not make any contribution to the formulation of policy. Thus there is no provision to separate the policy making function from the day-to-day administration. Thirdly, the existing Act suffers from lack of clarity regarding the role of the Com- mittee and that of its Executive Officer which has culminated in a dyarchical structure in actual practice, where the Chairman is as much Involved in the day-to-day administration as the Executive Officer. This leads to overlapping and confusion. Finally, the pattern of pilgrimage has changed considerably and, therefore, instead of amending the exist- ing Act it is considered more appropriate to have a new enactment omitting many provisions which have no application in the changed circumstances and creating a new framework which would, as far as it is possible to envisage the future, ensure the proper administration of the pilgrimage, particularly the welfare of the pilgrims in the port of exit and re-entry and while in Saudi Arabia and other places of pil- grimage.

The Bill seeks to achieve the above objects.

SYED SHAHABUDDIN.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 18 of the Bill empower the Central Government to make rules to carry out the purposes of the Act. The matters in respect of which rules may be made relate to the manner of nomination of members of the Committee and other procedural matters.

Clause 19 of the Bill empowers the Committee to make bye-laws, not Inconsistent with the provisions of the Act and the rules made there- under, in respect of matters such as laying down of procedure of con- duct of business at meetings of the Committee, prescribing the registers and records and periodical reports.

The9K matters are matters of details or procedure. The delegation of legislative power is, therefore, of a normal character.

SEC. £] THE GAZtttTB OF INItlA S A T R A O R D I N A RY 617

VI

BILL NO. VI OF 1980

A Bill to provide for the recognition of, and financial assistance to,

Political Parties for ensuring their effective functioning and promot-

ing sound democratic polity and for matters connected thereioith and

incidental thereto.

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

of India as follows:—•

1. (1) "This Act may be called the Political Parties (Recognition and

Financial Assistance) Act, 1980.

(2) It extends to the whole of India.

Short title, ex- tent and commence- ment.

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

may, by notification in the Official Gazette, appoint.

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

Defini- tions.

(a) "Commission" means the Election Commission of India

constituted under article 324 of the Constitution}

(b) "gttie"ral Secretary" means the chief executive functionary of

a political party, by whatever designation he may be called;

(c) "political party" means an association or body of individual citizens of India registered with the Commission as a political party in accordance with the provisions contained in the Election Symbols (Reservation and Allotment) Order, i968, made by the Commission in exercise of the powers conferred upon it by article 324 of the Constitution;

(d) "prescribed" means prescribed by rules made undfer this Act.

3. The provisions of this Act shall be in addition to, and not in derogation of, the provisions of the Election Symbols (Reservation and Allotment) Order, 1968.

Applica- tion of the Election Symbols (Reserva- tion and Allotment) Order, 1968.

4. (1) Every political party which has been in existence for two years or more and has a constitution of its own shall make an application in writing to the Commission for grant of recognition.

Recogni- tion of political parties.

(2) Every such application shall be signed and presented to the Com- mission by a general secretary, or in his absence, by any other omce bearer of the political party duly authorised for the purpose.

($ The *nann"f in Whiteh and the conditions siibjfcet to ifliich such prescribed tir¹ aS may fee f eqtrirea by the Conimisfeion to eliable It to grant recognition to a political party.

(4) The Commission shall have powers to call for such documents anc other relevant information as may be necessary for the purpose oi granting recognition to a political party.

(5) After considering all the particulars furnished by a political partj as referred to in sub-section (4) and after giving the representative of thf political party reasonable opportunity of being heard, if considered neces- sary by the Commission, the Commission shall give its decision on ai application made to it under sub-section (1).

(6) The decision of the Commission under sub-section (5) shall be communicated to the general secretary of the political party and shall be final.

5. The Commission shall have powers to withdraw recognition of a political party for contravention of any provisions of this Act or the rules made thereunder:

Derecog- nltion of a political party.

Provided that no such recognition shall be withdrawn unless the general secretary of a political party has been given a reasonable oppor- tunity of being heard in the matter.

6. (1) Every political party which has been recognised under this Act shall be granted by the Central Government such financial assistance as may be recommended by the Commission for the purpose of undertaking campaigning in elections.

Financial assistance to a poli- tical party.

(2) In recommending the quantum of financial assistance which shall be granted to a political party, the Commission shall have regard to the number of votes polled by a political party in the elections to the Lok Sabha or a State Assembly, the number of members on the register of a political party and such other factors as may be prescribed.

(3) The manner in which and the conditions subject to which such financial assistance shall be granted to a political party shall be such as may be prescribed.

Accounts and Audit.

7. (1) Every political party to which financial assistance has been granted under section 6 shall prepare and maintain proper accounts and other relevant records in such form and manner as may be prescribed.

(2) The accounts of a political party shall be audited by an auditor authorised to audit the accounts of a company under the Chartered Accountants Act, 1949.

(3) Every political party which hag been granted financial assistance under section 6 shall within three months from the date of such grant or such extended period as the Central Government may allow, forward to the Central Government a certified copy of the audited accounts together with the audit report thereon.

(4) The Central Government shall prepare for every election a report

on the financial assistance granted to political parties.

(5) A copy of the report under sub-section (4) shall be laid before each

House of Parliament.

Power to make rulw.

8. (1) The Central Government may in consultation with the Com- mission by a notification in the Official Gazette, make rules for carrying out the purposes of this Act.

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

(o) the particulars to be contained in an application under sub- section (3) of section 4;

(b) the factors to be taken into account in granting financial assistance to a political party under section 6;

(c) the manner in which, and the conditions subject to which, financial assistance shall be granted to a political party;

(d) the preparation and maintenance of accounts and other re- cords under section 8;

(e) any other matter which is required to be, or may be, pres- cribed.

(3) Every rule made under this Act 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 that the rule should be either modified or annulled, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

STATEMENT OF OBJECTS AND REASONS

Parliamentary democracy envisaged in the Constitution of India can fruitfully succeed only when the political parties in the country function in an orderly manner and under public scrutiny. As at present the credibility of the political parties as also of the democratic process itself is under constant erosion. To check the continuance of this erosion, it is imperative that there should be some legislation to achieve the objec- tive of orderly and smooth functioning of political parties and to that end to provide for the recognition of the political parties by the Election Commission and for financial assistance to them. This Bill seeks to achieve these objectives.

RAMLAL PARIKH

FINANCIAL MEMORANDUM

The Bill seeks to provide financial assistance to political parties for supporting the candidates to conduct their campaign as well as for main- taining a minimum orderly functioning. It is difficult to estimate the precise financial implications at this stage. However, thirty crores recurring expenditure will be required to begin with. This expenditure will be met from the Consolidated Fund of India.

The provisions of the Bill do not involve any expenditure of a non-

recurring nature from the Consolidated Fund of India.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill empowers the Central Government to frame rules in consultation with the Election Commission. The matters for which the rules may be framed are the particulars to be contained in an appli- cation of a political party for recognition, factors to be taken into account for determining quantum of financial assistance to be granted to a political party etc. The delegation of legislative power, therefore, is of a normal character.

S. S. BHALERAO,

Secretary-General

PRINTEn BY THE GENERAL MANAGER, GOVERNMENT OF INDIA FRJtSS, MINTO 1M5AD

NEW D f t HI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 80