REGISTERED No. D.(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No.

NEW DELHI, FRIDAY, FEBRUARY 20, 1981/PHALGUNA 1, 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 20th

February, 1981: —

BILL NO. 174 or 1980

A Bill to provide for the utilization of marginal forest land by the land-

less poor for their social and economic security simultaneously with

the development of forests.

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 Utilization of Marginal Forest Land

for Social Security Act, 1980.

(2) It extends to the whole of India.

(3) It shall come into force at once.

2. In this Act,—

(a) "garden" means fruit garden having trees like mango, coco-

nut, tamarind, cashewnut and other fruit-bearing trees or any other

tree suggested by the forest department;

(b) "Government" means Central Government;

one hectare of land and having no other means of livelihood;

Short

title,

extent

and

commen-

cement.

Defini-

tions.

(5)

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(d) "marginal land" means the land to be demarcated by the

Government under section 3 as marginal land in the reserved

forests;

(e) "prescribed" means prescribed by rules under this Act;

(f) "reserved forest" means a forest aa denned in the Indian

Forest Act, 1927.

3. The Government shall demarcate the marginal land in the reserv-

ed forests fit for raising gardens.

4. The Government shall distribute. the marginal land by allotment

of not more than two hectares of such, land to each of the landless poor,

in the manner as may be prescribed by rules, giving priority to Schedul-

ed Tribes, 'Scheduled Castes, backward classes and economically weaker

sections of the people.

5. An allottee of land in the marginal land (hereinafter called the

allottee) shall be,entitled to raise gardens in that land,,inter-cultivate the

land, dig wells to irrigate the gardens and the crops.

Ct- The allottee shall have the right only to enjoy the usufruct of the

trees in the marginal land, cultivated crops, minor produce or grass, if

any, in that land but shall not be entitled to cut the trees.

7. (1) If any tree fall?) on its own then the allottee shall report the

matter to the forest department.

(2) On receiving the information under sub-section (1), a forest offi-

cer, not lower in rank than a forest ranger, shall auction the tree and

deliver the proceeds to the peasant allottee concerned.

8. (1) The Government may give financial assistance, as may be pres-

cribed by rules, to the allottees to raise the gardens in the form of

long-term loans and subsidies.

(2) The Government shall issue directive to nationalised and other

banks, cooperative credit banks and societies to give financial assistance

to the allottees in the form of long-term loans.

9. The loan shall be repayable after a gestation period of three years

from the receipt of the loan by the allottee.

10. The Government may, by notification in the Official Gazette, make

rules for giving effect to the provisions of this Act.

Demarca-

tion of

marginal

land.

Allot-

ment of

marginal

land to

landless

poor.

Raising oJ!

gardens,

etc. in the

marginal

land.

Rights of

the mar-

ginal land

holder.

Duties ut

allotteeg

and f orei-it

officers In

certain

cases.

Govern-

ment to

give

financial

assistance.

Repay-

ment of

loans.

Power to

make

rules.

16 of 1927.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The «xtent of forests in our country is considered to be inadequate

and therefore the Government is trying to increase the area of the

forests. But the landless poor are pressing the Government to deserve

the forests and give land for cultivation.

Under these circumstances a policy is to be formulated which can

simultaneously help to develop forests and also quench the land hunger

of the poor people. There is lakhs and lakhs of acres of marginal land

in reserved forests which can be used to raise gardens with various fruit

trees like mango, tamarind, cashewnut and other fruit-bearing trees.

These lands can be distributed to landless poor and they can be asked

to raise gardens by assisting them financially with the right only to en-

joy the usufruct of the trees, the intercultivated crops, minor forest

produce or grass in that land but without the entitlement to cut down

the trees. In this way, these people will have some income to stand

upon and will get the much needed economic security. This will ensure

both the social security to the landless poor and also the environmental

ecology.

Hence this Bill.

P. RAJAGOPAL NAIDU

NEW DELHI;

July 10, 1980,

THE GAZETTE OF INDIA EXTRAORDINARY

[PAUT II—

FINANCIAL MEMORANDUM

The demarcation, distribution and allotment of marginal land will be

done by the existing forest and revenue authorities. However, under

clause 8 of the Bill, the financial assistance will be given by the Govern-

ment or by the banks or cooperative credit banks and societies. There-

fore, to implement this scheme,

a recurring

expenditure

of about

rupees one crore is likely to be incurred from the Consolidated Fund of

India.

No non-recurring expenditure is likely to be incurred,

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 4 of the Bill provides for prescribing the manner in which the

marginal land is to be distributed. Clause 8 provides for prescribing the

manner in which financial assistance is to be given to the landless poor

who get the marginal land in the reserved forests, Clause 10 of the Bill

empowers the Government to make rules for giving effect to the provi-

sions of the Bill. Since the rules will relate to the matters of detail,

the delegation of legislative power is, therefore, of a normal character.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 178 OF 1980

A Bill further to amend the University Grants Commission Act 1956.

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

of India as follows:—

1. This Act may be called the University Grants Commission (Amend-

ment) Act, 1980.

2. In section 5 of the University Grants Commission Act, 1956 (here-

inafter referred to as the principal Act),—

(i) in sub-section (1), in clause (iii), for the word "ten", the

word "fourteen" shall be substituted;

(ii) in sub-section Ci), clause (c) shall be re-numbered as clause

(d) thereof and before clause (d) as so re-numbered, the following

clause shall be inserted, namely: —

" (c) not less than four shall be chosen from among persons

who are, at the time when they are so chosen, non-teaching staff

of Universities;".

3. In section 12 of the principal Act, in clause (c), after the existing

provisos, the following proviso shall be inserted, namely: —

"Provided further that the Commission shall provide grants to

Universities to enable them to have a uniform salary structure for

all its employees, both teaching and non-teaching;".

3 of 1956.

Short

title.

Amend-

ment of

section 5.

Amend-

ment o*

section 12.

THE GAZETTE OF INDIA EXTRAORDINARY

- [PART H W

4, After section 12A or toe principal Act, following sections shall be

inserted- namely: —

"12B. The Commission shall lay down guidelines in respect of

salaries and other service conditions of all University

employees,

both teaching and non-teaching.

12BB. No grants shall be given by the Central Government, or the

Commission, or any other organisation receiving any funds from the

Central Government, to a University which fails to comply with the

guidelines laid down under section 12B.".

insertion

of new

lections

12B and

12BB.

Guidelines

In respect

of salaries

and other

service

conditions

of em-

ployees.

No grants

to be

given to

UnJverAty

which fails

to comply

with the

guidelines

Wd down

under geci

fton 12B.

Stc. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

PLo University Grants Commission Act, 1956 is meant to provide for

v.uordination and determination of standards in Universities and for that

purpose, the University Grants Commission has been established there-

under.

In fulfilment of these objectives, it is necessary that the law provides

for regulation of relations between the teaching and non-teaching start

of the Universities on the one hand and the Administration of the Uni-

versities on the other. The law, as it stands, does deal with the regula-

tion of relations with the teaching staff, leaving out of its purview the

non-teaching staff. This lacuna needs to be removed. The Bill seeks to

do this.

GEORGE FERNANDES.

NEW DELHI;

July 15, 1980.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

BILL NO. 1 OF

1981

A Bill to provide for financial and other assistance in respect of the

disabled and for the support of voluntary organisations and private

organisations concerned with providing facilities for the welfare,

shelter, employment, training and day-care of disabled persons.

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

of India as follows: —

1. (1) This Act may be called the Disabled Persons Welfare Act, 1981.

(2) It extends to the whole of India.

(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 requires,—

(o) "assessment" in relation to a disabled person means the

process of assessing the various factors involved in determining his

potential capacity to benefit from training, sheltered employment

and day care;

Short

title,

extent

and com-

mence-

ment,

Defini-

tions.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINAHY

(b) "Board" means Disabled Persons Welfare Board establish-

ed under section 4;

during the day under adequate supervision in an occupational

Centre;

(d) "disabled person" means any person

who suffers

from

physical or mental disablement to such a degree that he is seriously

limited in the extent to which he can engage in the activities,

pursuits, and processes of everyday life;

(e) "Fund" means Disabled

Persons Welfare Fund

consti-

tuted under section 6;

(f) "Government" means Central Government;

(g) "Local authority" means a Panchayat, a Municipality or a

Corporation or a Samiti or Zilla Parishad;

(h) "sheltered employment" means employment

for disabled

persons in suitable occupations under conditions less stringent than

those found in normal work situations;

(i) "Specialist" means a medical practitioner employed as a

specialist in any Government Hospital;

(j) "training" means the training of the disabled person to

enable him to undertake suitable work whether full time or part

time;

3. The Government shall—

fa) assist and encourage disabled persons to become socially

and financially independent;

(b) promote schemes providing for

the assessment, work

experience, training, sheltered

employment

and other suitable

activities of disabled persons;

and welfare of disabled persons by assisting individuals to over-

come social problems associated with physical or mental handicap;

(d) assist voluntary or charitable organisations engaged in the

provision of services and facilities for the welfare of the disabled

persons;

(e) foster close working relationships and consult the

State

Governments, hospital authorities and other bodies and organisa-

tions and professions concerned with training and rehabilitation of

disabled persons and their placement in employment;

(f) cooperate with the Accident Compensation Commission in

so far as its responsibilities relate to the promotion of the rehabili-

tation of persons who suffer personal injury by accident in respect

of which they have cover under the Workmens' Compensation Act,

1923;

(fir) promote the coordination of services and facilities designed

to advance the welfare of disabled persons;

fi of 1911.

Measures

for wel-

fare of

disabled

persona.

THE GAZETTE OF INDIA EXTRAORDINARY

[PANT H—

(h) encourage and stimulate public interest in the provision of

services and facilities for the welfare of disabled persons

4. (2) There shall be established a Disabled Persons Welfare Board

for the welfare of disabled persons.

(2) The Board shall consist of the following members to be appoint-

ed by the Government, namely: —

(a) an officer of the Department of Social Welfare;

(b) an officer of the Department of Health;

(d) an officer of the Department of Education;

(e) a member or officer of the Accident Compensation Com*

mission;

(f) two Members of Parliament from Lok Sabha and one

Member of Parliament from Rajya Sabha;

(g) six other members lo be appointed by the Government of

whom at least three shall be actively engaged in providing services

and facilities to disabled persons and at least one of the others shall

be a disabled person.

5. (1) It shall be the function of the Board to make recommends

tions to the Government on any matters relating to—

(a) the provision of services, aids and facilities, within

the

community for the welfare of, and recreational opportunities for

disabled persons;

(b) the quality and requirements of services and facilities for

the welfare of the disabled persons.

(2) Without limiting the generality of the functions set out in sub-

section (1) of this section, the Board may from

time to time make

recommendations to the Government on any matter relating to—

(a) the determination of priorities and standards in the develop-

ment of services and facilities, within the community, for the wel-

fare, assessment, training, sheltered employment and day care of

disabled persons;

(b) the training requirements of, and the need to promote a

career structure, for those engaged in the provision of services and

facilities for disabled persons;

to the welfare of disabled persons.

(3) The Board shall undertake such other assignments as may be

referred to it from time to time by the Government.

6. A fund to be called the Disabled Persons Welfare Fund shall be

constituted by the Government to promote the welfare of the disabled

persons.

Disabled

Persons

Welfare

Board.

Functions

of the

Board,

Disabled

Persons

Welfare

Fund.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) The Fund shall consist of the sums paid into it by the Govern-

ment and the grants given by the international agencies.

7. A specialist shall have the authority to certify whether a person

is disabled and he shall also certify if an attendant is necessary to assist

the disabled person.

8. (1) When a disabled person is required to Undertake a course of

medical treatment as prescribed by a specialist or is required to be inter-

Viewed by an officer of the Department or to attend for medical exami-

nation or other educational or vocational or psychological assessment,

the Government may, on receiving an application from that person in

the prescribed form, authorise the payment to that person of the whole

or such pirt, as the Government considers reasonable, of the costs of

the fares, boarding and lodging, necessarily incurred by the person in

connection with or in relation to that treatment or attendant© as the case

may be.

(2) If the specialist certifies that the disabled person requires an at-

tendant, the Government may authorise the payment to the attendant

of the whole or such part, as the Government considers reasonable, of

•fhe costs of fares, boarding and lodging, necessarily incurred by the

attendant in connection with his so acting.

9. Where, in the opinion of a specialist, a disabled person requires a

walking frame or other prosthetic appliance, or aid which is not available

in the hospital or other institutions, the Government may, in its dis-

cretion arrange, after consultation with the specialist, for the device to

be made available free of charge to the disabled person.

18. (1) Any voluntary or charitable organisation or institution shall

apply to the Government, in the prescribed form, to gst the organisation

or institution approved for getting financial assistance from the Govern-

ment,

(2) On receiving the application, the Government, after due enquiry

and after satisfying that the homo maintained by the voluntary or

charitable organisation Js suitable In size, has required amenities, staff,

standards of care, and equipment for the welfare of disabled persons

maintained therein or proposed to be maintained therein, may approve

that organisation for giving financial assistance and also grant such

sum as it thinks reasonable.

(3) If the voluntary or charitable organisation, to which approval

and financial assistance has been given, sells the home or misuses the

funds or ceases to provide services of the nature or standard consistent

with the conditions under which tht grant was made, the Government

may cancel the approval to that organisation and may take such action,

as it deems necessary, to make recovery of the grant given to tke organi-

sation or institution in part or in Mil.

11. (1) Any officer of—

(a) the Department of Social Welfare authorised by the

Government;

(n) the Department of Health authorised by the Government;

Certi-

ficate of

disabi-

lity.

Expenses

and other

costs.

Provi-

sion of

devices.

Assis-

tance to

volun-

tary orga-

nisations.

Inspec-

tion,

THE GAZETTE OF INDIA EXTBAOBDINAHY

[PART II—

may at any reasonable time enter any home for the disabled per-

sons and inspect any part thereof to ensure that the services pro-

vided are of a nature or standard consistent

with the rules to be

framed under this Act.

(2) Any such

officer

may at any time be accompanied by the

specialist.

(3) A report, prepared in a prescribed form, may be forwarded to

the Government by the inspecting officer.

12. (1) The Government shall administer a programme for the train-

ing, sheltered employment and day care of the disabled persons.

(2) The Government shall make such arrangements, as they consider

necessary, for disabled persons to—

(?) undergo assessment, and undertake training, for employment;

(ii) receive education or technical training with a view to em-

ployment;

(Hi) obtain practical experience necessary in each case to qualify

the disabled

persons to undertake any employment that, in the

opinion of the Government, is suitable having regard to any edu-

cational qualifications, skill, or aptitude of that disabled persons;

(iv) undertake employment in a sheltered workshop;

(v) enable them to attend an occupational centre for day care.

13. (I) The G&vernment may grant rehabilitation allowance to any

disabled person if he fails to get employment within six months of his

training or where no training is possible to he given.

(2) The rehabilitation allowance granted shall be at a rate deter-

mined to be appropriate in the circumstances by the Government, but

shall not in any case exceed the maximum rate that may from time to

time be prescribed by the Government.

14. The Central Government may make rules for carrying out the

provisions of this Act and every rule so made shall be laid, as soon as

may be after it is made, before each House of Parliament,

Training,

sheltered

employ-

ment,

etc., for

disabled

persons.

Behabi-

litation

allow-

ance.

Power

to make

rules,

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The disabled persons are undergoing many difficulties as sufficient

care is not taken by their family members towards them. In many of

the families they are neglected and looked down upon. The disabled

persons undergo mental torture at times and commit suicide also when-

ever they are not able to bear the difficulties.

Some of the voluntary and charitable organisations come to the

forefront to help these disabled persons by giving training and day care

but due to paucity of funds they are not able to continue their services.

Therefore Government should come to the rescue of the disabled

persons, to provide them training and day care and rehabilitate them

and also to provide financial assistance to such organisations which come

forward to serve them.

Hence the Bill.

N. G. RANGA

NEW DELHI;

July 28, 1988.

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHX II—

FINANCIAL MEMORANDUM

Cleuse 4 of the Bill provides for the establishment of a Disabled

Persons "Welfare Board. Clause 6 provides for the constitution of Dis-

abled Persons Welfare Fund. Clause 8 provides for reimbursement of

expenses and coats, incurred by disabled persons or their attendants, for

medical treatment, etc. more Clause 9 provides for provision of devices to

disabled persons- Clause 10 provides for giving financial assistance to

the voluntary or charitable organisations maintaining disabled persons.

Clause 12 provides for administering a programme and making arrange-

ments for the training, sheltered employment, etc. Clause 13 provides

for payment of rehabilitation allowance to disabled persons. The Bill,

therefore, if enacted, is likely to involve an estimated recurring expen-

diture 'of about Rs. 10 cirores from the Consolidated Fund of India.

A non-recurring expenditure of about Rs. & crores is also likely to be

incurred.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 10(1) of the Bill provides that the voluntary or charitable

organisations should apply to the Government in a prescribed form to

get the organisation or institution approved

for getting financial

assistance.

Clause 11 (3) provides that the report of the inspecting officer should

be sent in a prescribed form.

Clause 13(2) provides that the rate of rehabilitation allowance to

be paid to disabled persons is to be fixed, from time to time, as pres-

cribed by the Government.

Clause 14 empowers the Central Government to make rules for

carrying out the purposes of the Bill.

Since the rules will relate to matters of detail only, the delegation

of power is of a normal character,

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BTLL NO. 169 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 shall come into force at once.

2. In clause (1) of article 19 of the Constitution, after sub-eljMBe- (g),

the following sub-clauses shall be inserted, namely: —

"(h) to get free legal aid;

(i) to get work or unemployment allowance in lieu thereof;

(j) to get free education;

(7c) to get maintenance allowance in the conditions of old age,

sickness and disablement;

(I) to seek and get remedy against concentration of wealth,

means of production, transportation and trade in a few hands to

the common detriment."

Short

title and

commen-

cement.

Amend-

ment of

article 19.

ir>

THE GAZETTE OP INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

Part lit °f the Constitution

guaranteeing

Fundamental

Rights

the citizens of India is among its most vital parts. But Part IV contain-

ing Directive Principles of State Policy has remained

simply

a non^

enforceable platitude.

Fundamental human

requirements like

right to

work, free education, free

medical and legal aid, etc. do not find

place in the list of Fundamental Rights,

Concentration of wealth

in a

few hands and poverty for the millions are polarising our society day

by day.

This Bill strives to include in the category of Fundamental

Rights

some basic human requirements which already form part of the Direc-

tive Principles of State Policy in Part IV of the Constitution,

After completing

thirty-three years of our independence it is

high

time that we include in our fundamental

rights,

guaranteed

by the

Constitution,

some rights

which

aie much

more fundamental for all

human beings.

Hence, this Bill.

BHOGENDRA JHA

NEW DELHI;

August 4, 1980,

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for free legal aid. right to work or

unemployment allowance in lieu thereof, right to free education and

maintenance allowance in conditions of old age, sickness and

disable-

ment. The Bill, therefore, if enacted is likely to involve a recurring

expenditure of approximately of Rs. Two hundred

crores from

the

Consolidated Fund of India,

A non-recurring expenditure of about Rs. Fifty crores is also likely

to be incurred.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 2 OF 1981

A Bill to provide for the establishment of a permanent Bench of the

High Court at Allahabad at Bareilly.

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

of India as follows: —

1. This Act may be called the High Court at Allahabad (Establishment

of a permanent Bench at Bareilly) Act, 1981.

2. There shall be established a permanent Bench of the High Court

at Allahabad at Bareilly, and such Judges of the High Court at Allahabad,

being not less than two in number, as the Chief Justice of that High

Court may, from time to time nominate, shall sit at Bareilly in order to

exercise the jurisdiction and power for the time being vested in that

High Court in respect of cases arising in Kumaon, Garhwal, Bareilly,

Moradabad, Agra and Meerut Commissionaries of Uttar Pradesh.

Short

title.

Establish-

ment of a

perma-

nent

bench

of High

Court at

Allaha-

bad at

Bareilly.

THE GAZETTfc OF INDIA EXTRAORDINARY

[PART II-

STATEMENT OF OBJECTS AND REASONS

Bareilly city is a central place of northern and western part of Uttar

Pradesh which is itself a very large province. People of north western

part of Uttar Pradesh have to go nearly six hundred miles and are un-

necessarily forced to spend a huge amount and sufficient time to reach

Allahabad.

So in the large interest of people, to provide them with cheap

and

quick justice, it Is necessary to establish a permanent

Bench of

the

High Court at Allahabad at Bareilly.

Hence this Bill.

HARISH CHANDRA SINGH RAWAT

NEW DELHI;

November 15, 1980.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 5 OF 1981

A Bill further to amend the Land Acquisition Act, 1894.

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

of India as follows: —

1. (1) This Act may be called the Land Acquisition (Amendment)

Act, 1981.

(2) It shall come into force at once.

^ In the Land Acquisition Act, 1894, after section 17, the following

section shall be inserted, namely: —

"17-A. (1) In the case of any land which is needed for any of the

following public purposes, namely: —

(i) construction of a road, linking two or more villages or a

Village or villages to an existing road, or to a port, or to a rail-

way station, or to any other public place like tank, play-ground,

school, hospital, health centre, crematorium, burial place or the

like; or

(li) laying of pipe-line or for erection of stand-posta for

supplying drinking water to a village o? villages; or,

1 of 1&94.

Short

title

and

com-

mence-

ment.

Inser-

tion of

new sec-

tion 17A.

Special

proce-

dure for

land re-

quired

for pub-

lic pur-

poses.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

(iii) construction of a cistern or cisterns for storing drinking

water for a village or villages; or

(iv) erection of an electric tower or pole to supply electricity

to a village or villages, under any crash programme or other pro-

grammes by whatever name designated, undertaken by the

State or the Central Government,

the provisions of section 5A shall not apply and a declaration shall be

made under section 6 in respect of the land at any time after the publica-

tion of notification under sub-section (1) of section 4.

Explanation.—"land" mentioned in this section shall not include build-

ing or buildings lawfully constructed and actually used for human resi-

dence, storage or cattleshed.

(2) After the declaration is made under section 6, sub-section (1), it

shall be lawful for the Collector, on the expiration of fifteen days from

the publication of the declaration, to take possession of the land. Such

land shall thereupon, vest absolutely in the Government free from all

encumbrances.".

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

A first and primary step towards rural development is the infrastruc-

tural development. This includes principally, construction of roads, supply

of drinking water and supply of electricity to the villages. The Govern-

ment has, therefore, undertaken crash-programmes for construction of

roads. It is the people's demand that the Government should undertake

schemes for supply of drinking water to every village under a timebound

programme, and the Government has also framed certain schemes

therefor.

Diffusion of small-scale industries in the rural areas is a need and

demand of the society. The small scale industries require, in addition

to roads, supply of energy and supply of water. The Government has

adopted certain schemes for this purpose also.

When the Government undertakes such infrastructural development

many a time question of acquisition of land does arise. Where the land

Is available without difficulties such as by voluntary donation or by

mutual understanding the programme does take a speed in its implemen-

tation. However, where the land is not so available the question arises

as to whether methods of urgent compulsory acquisition of land are to be

adopted. When the proceedings for compulsory acquisition of land are

taken, under the existing laws, the resistance to such acquisition is un-

avoidable and delay is a certainty. Such resistance from the land-owners

and consequent delay in the speedy implementation of the programmes

frustrate the entire programme

and upset the budgets, planning and

aspirations and expectations of the people.

Under these circumstances it becomes imperative to find out a way

for speedy acquisition of land without any hindrance frqm the land-

owners. In order to achieve this, it is necessary to amend the Land Ac-

quisition Act, 1894.

This Bill seeks to achieve the said object.

A. T. PATTL

NEW DELHI;

November 20, 1980.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 9 OF

1981

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-second Year of the

Republic of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1981.

2. In article 308 of the Constitution, for clause (5), the following

clause shall be substituted, namely: —

"(5) For the removal of doubts;, it is hereby declared that the

power of Parliament to amend the Constitution conferred by this

article does not include any power to make any amendment so as to

affect the core or basic structure of the Constitution which shall

mean and Include:

(a) supremacy of the Constitution;

(b) republican and democratic form of Government;

(d) separation of powers between the legislature, the

Executive and the Judiciary;

(e) federal character of the Constitution; and

(f) dignity and freedom of individual.",

Short

title.

Amend-

ment oi

article

368.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

There are divergent opinions amongst jurists, Constitutional experts,

legislators and Judges about the limitations on power of Parliament to

amend the Constitution. Even the Courts in the country have taken

different views at different times. This question is repeatedly reused

before different forums and contradictory views are expressed. It is,

therefore, necessary

to settle the scope of

amending power of

Constitution,

Beading the Preamble of the Constitution, the fundamental importance

of the freedom of the individual, indeed its inalienability and the

importance of the economic, social and political justice mentioned in

the Preamble, the importance of Directive Principles, the non-inclusion

in article 36S of provisions like articles 52 and 53 and various other

provisions, an irresistible conclusion emerges that it was not the

intention to use the word 'amendment' in the widest sense. It is a

common understanding that the fundamental features of the Constitution,

namely, secularism, democracy and the freedom of the individual would

always subsist in welfare State,

In view of the above reasons, a necessary implication arises that

there are implied limitations on the power of Parliament and the

expression 'amendment' of the Constitution has consequently a limited

meaning in our Constitution.

Some people on the contrary

appeal fervently to democratic

principles and urge that there is no limit to the power of Parliament to

amend the Constitution.

If this is so, a political party with the requisite two-third majority

in Parliament for a few years could so amend the Constitution as to

debar any other political party from functioning, establish totalitari-

anism, enslave the people, destroy the federal and secular character of

the Constitution and republican and democratic form of Government and

after having effected these purposes make the Constitution unamendable

or extremely rigid. This would no doubt invite extra-constitutional-re-

volution.

In order to settle the dispute about the power of Parliament to amend

the Constitution and to avoid the possibility of destruction of Supremacy

of Constitution, Republican and democratic form of Government, secular

and federal character of the Constitution and dignity and freedom of

the individual, this Bill is being brought up.

BAPUSAHEB PARULEKAR

NEW DELHI;

November 21, 1980.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

BILL NO. 11 OF

1981

A Bill further to amend the General Clauses Act, 1897.

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

of India as follows: —

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

1981.

(2) It shall come into force at once.

2. In the General Clauses Act, 1897, for section 23, the following section

shall be substituted, namely: —

"23. Where5 by any Central Act or Regulation, a power to make

rules or bye-laws is expressed to be given to Government or any other

authority, then, unless otherwise expressly provided in the said Act or

Regulation, the following provisions shall apply to making of rules or

bye-laws, namely: —

(i) the authority having power to make the rules or bye-laws

shall, before making them, publish a draft of the proposed rules

or bye-1'aws for the information of persons likely to be affected

thereby;

Short

title and

commen-

cement.

Substitu-

tion of

section 23.

Provisions

applicable

to making

of rules

or bye-

laws.

10 of 1897.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(ii) the publication shall be made in the manner, if any,

provided in the said Act or Regulation, and in the absence of such

provision, in the manner as that authority deems to be sufficient;

(Hi) there shall be published with the draft a notice specify-

ing a dale on or after which the draft will be taken into consi-

deration;

(iv) the authority having power to make the rules or bye-laws,

and, where the rules or bye-laws are to be made with the sanction,

approval or concurrence of another authority, that authority also,

shall consider any objection or suggestion which may be received

by the authority having power to make the rules or bye-laws from

any person with respect to the draft before the date so specified;

(v) the publication in the Official Gazette of a rule or bye-law

purporting to have been made in exercise of a power to make

rules or bye-laws shall be conclusive proof that the rule or bye-law

has been duly made;

(v>i) every rule or bye-law so made 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 or more successive sessions, and

if, before the expiry of the session immediately following the

session or the successive sessions aforesaid, both Houses agree in

making any modification in the rule or the bye-law or both Houses

agree that the rule or the bye-law should not be made, the rule or

the bye-law 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 or bye-law.".

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

With the diverse activities of the State, it becomes imperative to

delegate powers to the Government or other bodies to make rules necessary

to give effect to the object and purposes of almost every Act. This deliga-

tion of powers to the executive is either an erosion or an abdication of the

powers of Parliament and consequent diminution of democracy. Some

Acts, therefore, make an express provision in the Act itself that the rules

made by the rule making authority under the Act shall be laid before

Parliament for their scrutiny.

Since the delegation of power to make rules is a general feature, it is

thought expedient to make a general provision in the General Clauses Act,

1097 itself for laying the rules before Parliament, as a necessary formality

in making the rules.

Where the Act itself expressly provides) although exceptionally, that

such a formality need not be observed, the rules made under the act

need not be placed before Parliament for their scrutiny. This Bill seeks

to achieve the aforesaid objects.

A. T. PATIL

NEW DELHI;

November 21, 1980.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

BILL NO. 19 OF 1981

A Bill further to amend the Land Acquisition Act, 1894.

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

of India as follows: —

1. This Act may be called the Land Acquisition

(Amendment) Act,

1981.

2. In section 17 of the Land Acquisition Act, 1894 (hereinafter refer-

red to as the principal Act), in sub-section (2), the following

proviso

shall be added at the end, namely; —

"Provided further that the land shall not be acquired under this

sub-section if the possession is not taken within one year from the

date of notification under section 4; sub-section

(1),'\

3. In section 23 of the principal Act, in sub-section (1),—

(i) after the words "first, the market value of the land at the

date of the publication of the notification under section 4, sub-section

(1)", tho words "hut if the possession of the land is taken after more

than one year of the date of publication of such

notification, the

market value of the laud at the date one year before the date of tak-

ing possession" shall be inserted;

(ii) the following shall be added at the end, namely: —

"seventhly, the market value of the land in no case shall be

less than the market value fixed by the concerned State Govern-

ment for the purpose of determining stamp duty chargeable on

sale of land;

eighthly, If the land is acquired for housing purposes, the

market value shall not be less than the average sale price per

square metre of land which shall be determined as one-third of

the total of the minimum, medium and maximum sale price per

square metre stipulated in the sale deeds of such type of land.".

1 of 1894.

ohort

title.

Amend-

ment of

section 17,

Amend-

ment of

section

23.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART 11—

STATEMENT OF OBJECTS AND REASONS

In case of urgency, the Government acquires land under section 17 of

the Land Acquisition Act, 1894. If the possession of such land is not taken

within one year from the date of publication of notification under section

4, it no more remains a case of urgency and, therefore, such land should

not be acquired thereafter.

Moreover, the compensation for the acquired

land, determined in accordance with the provisions of section 23, is less

th'an the market value fixed by the appropriate Government for the pur-

pose of stamp duty chargeable on sale of such land. It

is, therefore,

necessary to amend sections 17 and 23 of the Act.

Hence this Bill.

DIGAMBAR SINGH

NEW DELHI;

December 8, 1980.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides that in case the possession of the land,

notified to be acquired, is taken by the Government after more than one

year of the date of publication of notification under section 4(1) of the

Land Acquisition Act, 1894, the market value of the land at the date one

year before the date of taking possession will be taken into consideration

while determining the amount of compensation under section 23(1). In

such cases compensation may h'ave to be paid by the Government at a

higher rate in case the possession of land is taken more than one year

after the date of publication of notification.

Where the land is to be

acquired for the purposes of the Union, the Central Government will have

to pay compensation -at a higher rate in case the Bill is enacted.

recurring expenditure of about Rs. 10 lakhs is, therefore, likely to be

involved from the Consolidated Fund of India.

No non-recurring expenditure is likely to be incurred in this connec-

tion.

SEC. i~\

THE GAZETTE OF INE>IA EXTRAORDINARY

BILL NO. 17 OF

1931

A Bill further to amend the Aligarh Muslim University Act, 1920.

BE it enacted by Parliament in the Thirty-second Year of the

Republic of India as follows: —

1. This Act may be called the Aligarh Muslim University (Amend-

ment) Act, 1981.

3J Notwithstanding

anything

contained in the

Aligarh

Muslim

University Act, 1920, the Statutes of the University shall be amended

as follows:

(i) throughout the Statutes, for the words "Head of Depart-

ment¹' wherever they occur, the words "Chairman of Department"

shall be substituted, and such consequential amendments as the

rules of grammar may require shall also be made;

(ii) for Statute 1, the following Statute shall be substituted,

namely;—

"(1). (2) The Chancellor shall be elected by the Court by

a simpleVmajority in accordance with the Regulations

made

by the Court.

40 of 1920.

Short

title.

Amend-

ment of

Statutes.

The

Chancel-

lor.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART ll—

(2) The Chancellor shall hold office for a term of

three

years and shall be eligible for re-election.

(3) The Chancellor shall, if present, preside over the convo-

cations of the University held for conferring degrees and

the

meetings of the Court.

(4) Every proposal for

the conferment

of an honorary

degree shall be subject to the confirmation by the Chancellor.";

(hi) for Statute 1A, the following Statute shall be substituted,

namely: —

"1A. (I) The Pro-Chancellor shall be elected by the Court

by a simple majority in accordance with the regulations made

by the Courts."

(2) The Pro-Chancellor shall hold office for

a term of

three years and shall be eligible for re-election.

(3) Any Casual vacancy in the office of the Pro-Chancellor

shall be filled by the Chancellor on the recommendation of the

Executive Council and the person so appointed shall hold office

until the next annual meeting of the Court.

(4) The Pro-Chancellor shall, in the absence of the Chancel-

lor! perform the functions of the Chancellor.";

(iv) in Statute 2, for clauses 1 and 2 the following clause shall

be substituted, namely:—

"(I) The Vice-Chancellor shall be appointed by the Visitor

from a panel of at least three persons recommended by the Court

from a panel of five persons recommended by the Executive Council:

Provided that if the Visitor does not

approve of any of the

persons so recommended, he may call for fresh recommendations

only once.";

(v) In Statute 3—

(a) clause (1) shall be renumbered

as clause (1A)

and

before clause (1A) as so renumbered, the following clause shall

be inserted, namely: —

"(i) The Vice-Chanccllor

shall

the

principal

executive and academic officer of the University, and shall

exercise general supervision and control over the affairs of

the University and give effect

to the decisions of all the

authorities of the University.'¹';

(b) after clause (3), the following clause shall be inserted,

namely: —

"(4) The Vice-Chancellor may, if he is of opinion that

immediate action should be taken on any matter, the Vice-

Chancellor shall take such action as he deems necessary

and report the same for confirmation at the next meeting

The

Pro-

Chancel-

lor.

SEC. 2]

THE GAZETTE OP INDIA EXTRAORDINARY

of the authority which in the ordinary course would have

dealt with the matter:

Provided that if the action taken by the Vice-Chancel-

loi is not approved by the authority concerned, it may

modify o^r reverse such action by a resolution passed by a

majority of two/thirds of its total membership,";

(vi) after Statute 4, it he following Statute shall be inserted,

namely:—

"4A. (1) The Honorary Treasurer shall be elected by the

Court by a simple majority in accordance with the regulations

made by the Court from a panel of names recommended by the

Executive Council.

(2) The Honorary Treasurer shall hold office for a term of

3 years.

(3) The Honorary Treasurer shall: —

(a) Subject to the control of the Executive council,

manage the property and investments of the University and

be responsible for the preparation of the annual accounts

and the financial estimates and for their presentation to

the Executive Council and the Court;

(b) Subject to the control of the Executive council be

responsible for seeing that all monies are expended on the

purpose for which they are granted or allotted;

(d) convene meetings of the Finance Committee; as

may be prescribed by the Statutes or the Ordinances".

(4) The receipt of the Treasurer or of the person/persons

duly authorised in this behalf by the Executive Council for

any money payable to the University shall be sufficient dis-

charge for the same.";

(mi) For Statute 8, the following Statute shall be substituted,

namely: —

"(8) Each Department shall have a Chairman who shall be

appointed by the Executive Council from amongst the profes-

sors, Readers and Lecturers in the Department, having com-

pleted ten years of continuous permanent service by rotation

according to seniority and shall hold such office for a period of

three years:

Provided that if the

Chairman of a Department resigns

from his office or is unable to perform duties of his office, the

next senior most person in the Department shall act as Chair-

man.";

(viii) statute 9 shall be omitted;

Honorary

Treasurer.

Chair-

men

of Depart-

ments.

THE GAZETTE OF INDIA EXTRAORDINARY

[PAUT II—

(ix) in Statute 13, for clause (2), the following

clauses shall

be substituted, namely: —

"(2) The Librarian shall be a member

of the Board of

Studies of the Department of Library Science.

(3) The Librarian shall exercise such powers and perform

such duties as may

be assigned to

him

the

Executive

Council.";

(.T) For Statute 14, the following Statute shall be substituted,

namely: —

"14. (1) The Co-urt shall consist of the following members,

namely: —

Ex-officio Members

(i) Chancellor;

(H) Pro-Chancellor;

(Hi) Vice-Chancellor;

(iv) Pro-Vice Chancellor;

(v) Honorary Treasurer;

(vi) All Ex-Vice Chancellors;

(vii) Librarian;

(viii) Three provosts by rotation according to seniority;

(ix) Proctor

Representatives

of the Departments and Colleges

(x) Chairmen of Departments by rotation according to

seniority from each Faculty, as shown below: —

Faculty of Commerce

—

Faculty of Arts

—

Faculty of Science

—

Faculty of Social Sciences

—

Faculty of Engg, & Technology

—

Faculty of Medicine

—

Faculty of Law

—

Faculty of Theology

—

TOTAL:

(xi) Five Principals of Colleges

—

Representatives of teachers other than Chairmen of Departments and

principals of Colleges

{xii) Ten teachers to be elected from amongst

them-

selves of whom at least one shall be a professor, two will

be Readers and. four will be Lecturers,

SEd. 21

THE GAZETTE OF IWUIA EXTRAORDINARY

(xiii) Two teachers of the Schools maintained by the

University to be elected from amongst themselves.

Representatives of ex-students

(xiv) Twenty-five representatives of ex-students to be

elected by the Aligarh Muslim

University

old Boys

Association.

Representatives of Donors

(xv) Two persons from amongst those who make or

who have made a donation of Rs. one, lakh or more to the

University to be elected from amongst themselves.

(xvi) Ten representatives of donors who have donated

at least a sum of Rs. 5000/- or transferred property worth at

least Rs. 5000/- or more to be elected from amongst them-

selves.

Representatives of Learned Professions'

Industry and Commerce

(xvii) Ten Muslims representing the Learned profession!

to be elected by the Court, of whom at least five shall be

persons domiciled outside the State of Uttar Pradesh.

(xviii) Five Muslims representing Industry and Com-

merce to be elected by the Court.

(xix) Five representatives of the All India Muslim

Educational Conference.

;

Representatives of Parliament and/or State Legislatures

(xx) Five Muslim members

Parliament to be

elected by the Members of Parliament

from amongst

themselves of whom three shall be from the Lok Sabha and

two from the Rajya Sabha.

(xxi) One Muslim Legislator each from House/Houses of

all States to be elected by the House concerned.

Representatives of Muslim culture and learning

(xxii) Ten persons representing Muslim Culture and learn-

ing to be elected by the Court.

Representatives of Muslim Colleges and Oriental institutions

(xxiii) Six persons representing Muslim Colleges

and

oriental institutions, not under the control of the University, to

be elected by the Court of whom at least three shall be from

outside the state of Uttar Pradesh,

(xxiv) Four persons to be elected by the court from amongst

the Chairmen or the presidents of the Waqf Boards.

(xxv) Two persons representing Urdu language and litera-

ture to be elected by the Court.

THE GAZETTE OF INDIA EXTRAORDINARY

[PARK ll-

Representatives of Students

(xxvi) Ten representatives of the students to be elected by

the students In accordance with the rules framed by the Aligarh

Muslim University Students Union of whom three will be the

office bearers of the Aligarh Muslim University Students Union:

Provided that no student other than the Union office Bearers

shall be eligible for election to the Court unless he is a graduate.

Representatives of Non-Teaching Staff.

(xxvii) Six representatives of the Non-Teaching staff fo be

elected as under:-™

(a) Two representatives to be elected by the Adminis-

trative and Ministerial staff of the University from amongst

themselves;

(b) Two representatives to be elected by the Technical

Staff of the University from amongst themselves;

employees of

the University

from amongst

themselves.

Nominated Persons

faxviii) Three persons to be nominated by the visitor;

(xxix) One person to be nominated by the Rector;

(xxx) One person to be nominated by the Chancellor:

Provided that no employee of the University shall be eligi-

ble to. be a member under sub-clause (XXV) and (XXVI) to

(XXX),

(2) All the members of the Court, other than Ex-Officio mem-

bers, shall hold office for a term of three years and an ex-Officio

member shall cease to be a member of the Court as soon as he

vacates the Office by virtue of which he is such a member:

Provided that a student-member shall held office for a term

of one year or till such time as he continues to be the student, which

ever is earlier.";

(xi) for Statute 15, clause (2), the following clause shall be

substituted, namely: —

"(2) A copy of the statement of receipts and expenditure,

the balance-sheet and the financial estimates referred t;o In

clause (1) shall bo sent by registered post to every member of

the Court at least 30 days before the date of the annual meeting.";

(,'di) for clause (.*)) of Statute 15 the following clause shall be

substituted, namely: —

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

"(3) One Third of the members of the Court shall form a

quorum.";

(xill) in Statute 16, clause (1)—

(a) after sub-clause («) the following sub-clause shall be

inserted, namely: —

"{MA) Treasurer;";

(b) for sub-clause (vi), the following sub-clause shall be

substituted, namely: —

" (vi) Three teachers to be elected by the teachers of the

University from amongst themselves, by simple majority

vote;";

substituted, namely: —

" (vii) Eight persons to be elected by the Court from

among its Members by simple majority vote none of whom

Shall be an employee or a student of the University or a

college maintained by the University of whom at least three

shall be persons domiciled

out side the State of Uttar

Pradesh.";

(d) in sub-clause (viii) for the words

"four" the words

"two" shall be substituted;

(e) after sub-clause (viii), the following sub-clause shall be

inserted, namely: —

" (ia?) One person to be nominated by the Chancellor.";

(xiv) In Statute 18, clause (1) —

(a) sub-clause (vii) shall be omitted;

(b) for sub-clause (x), the following sub-clause shall be

substituted, namely: —

"(x) Fifteen University teachers to be elected by all

the teachers of the University by simple majority vote of

whom two shall be professors, five shall be Readers and

eight shall be Lecturers.";

inserted, namely: —

"Five Students of whom three shall be office bearers of

the Students' Union airl two to be elected by the Students

from amongst themselves, in accordance with the rules to

be framed by the Students¹ Union:

Provided that

no student who has passed the High

School or any equivalent examination more than

eight

years earlier or the pre-University or equivalent examina-

tion more than seven years earlier, or has taken more than

one year in excess of the period prescribed for the course

for which he is a student, shall be eligible for election as a

member of the Academic Council:

Provided further

that no student member of the

Academic Council shall participate in the discussions in

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

respect of matters

relating to examinations,

Selection

Committees and conditions of service of the teaching staff.";

(xv) in Statute 18, in clause (2), after the words "two years"

the words

"but the term of office for student members shall be one

year or until they remain student, whichever is earlier." shall

be inserted;

(xvi) in Statute 22, in clause (1), after sub-clause (v), the follow-

ing sub-clause shall be inserted, namely: —

"(vi) Two Students to be elected by the postgraduate and

research students of the Department from amongst themselves.";

(xvii) In Statute 22, after clause (2), the following clause shall

be inserted, namely: —

"(2A) The members referred

to in 22(1) (vi) shall hold

office for a period of one year or so long as they continue to be

the student of the University, whichever is earlier.";

(xviii) In Statute 22, in clause (3), after the existing proviso,

the following proviso shall be inserted at the end, namely; —

"Provided further that student members of the Board of Studies

shall not participate in its functions as enumerated in 22 (3) (a) (ii),

22(3) (a) (in), 22(3) (a) (iv), 22(3) (a) (vii) and 22(3) (b).".

(xix) Statute 24 shall be omitted;

(xx) Statute 25 shall be omitted;

(xxi) In Statute 26, in clause (1), after sub-clause (v), the fol-

lowing clause shall be inserted, namely: —

" (vi) Honorary Treasurer.";

(xxii) in Statute 26, for clause (8), the following clause shall

be substituted, namely: —

" (8) The Finance Committee, subject to the approval nf

the Executive Council, shall fix limits for the recurring expen-

diture for the year based on the income and resources of the

University (which, in the case of productive works, may include

the proceeds of loans). No expenditure shall be incurred by

the University in excess of the limits so fixed.";

(xxiii) in Statute 28, the words "standing or" shall be omitted;

(xxiv) in Statute 29, in clause (2), in sub-clause (a), for the

second proviso, the following proviso shall be substituted, namely: —

"Provided further that the services of a teacher at any time

during the probationary period shall not be terminated without

assigning reasons.";

(xxiv) in Statute 29, in clause (2), in sub-clause (b), in part

(ii), after the existing provisions; the following proviso shall be insert-

ed at the end, namely: —

"Provided further that in case of appointment of a teacher in

a college, the Principal of that college

and the Section Incharge

shall also be the Ex-officio members of the selection committee

constituted for such appointment.";

Sic. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(xxvi) in Statute 29, for clause (9), the following clause shall be

substituted, namely: —

"(9) All teachers of the University shall, If they are

not

employed for a fixed period, retire at the age of sixty years.

The Executive Council may, however, in the interest of

the

University grant extension of service upto the age of sixty-three.

Such an extension, wherever given, shall be given for the full

period of three years at a time.";

(xxvii) for Statute 30, the following statute shall be substituted,

namely: —

"30. (1) The seniority of an employee of the University shall

be determined according to the length of continuous service of

such employee in a grade or post as the case may be.

Explanation: —

Continuous service in a grade or post shall include

the

period for which a person has held a post in the officiating or

temporary capacity immediately before being appointed to

substantively.

(2) if the relative seniority of any person

or persons is

otherwise in doubt, the Registrar may, on his own motion and

shall, at the request of any person concerned, submit the matter

to the Executive Council whose decision thereon shall be final.";

{xxviii)

after Statute 31, the following statutes shall be sub-

stituted, namely:—

"32. (1) There shall be Students' Union in the University.

(2) The Constitution of the Students' Union shall be fram-

ed by the General Body of the Students' Union.

(3) Every student of the University shall be deemed to be

a member of the Students' Union.

33. (I) There shall be a Teachers' Association in the Uni-

versity.

(2) The constitution of the Association shall be framed by

the General Body of Teachers Association,

34. (2) There shall be four Associations or Unions repre-

senting the following categories of staff: —

(i) Administrative, Ministerial, etc.

(ii) Technical;

(in) Class IV; and

(iv) School Teachers.

(2) The constitution of the Associations or Unions shall be

framed by the General Body of the respective Association

Union.";

THE GAZETTE OF INDIA EXTRAORDINARY

[PART ll—

(xxix) in appendix A to Statute 61, for clause (18), the follow-

ing clause shall be substituted, namely: —

"18. An employee who has completed five years qualifying

service at the University shall be granted a gratuity as distinct

from the gratuity referred to in clause 14 of section II in

accordance with the scale of gratuity

stipulated in the table

appended (Schedule 'C'). The gratuity shall be payable on

his retirement from the service of the University. In the event

of his demise, the gratuity shall be payable to the nominee of

the deceased in the manner prescribed by the Ordinances. No

gratuity shall be payable on dismissal or removal from

the

service of the University for mis-conduct, insolvency or ineffi-

ciency not due to age.";

Sac. 2]

THE GA2ETTB OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

India is a multi-religion country and its strength lies in the fact that

all communities living in the country are

free to establish educational

and other institutions of their own choice. The Government have intro-

duced in Parliament an Amendment Bill to remove the doubts in the

minds of Muslim community regarding the character of Muslim Univer-

sities. But the amendment of the Aligarh Muslim University Act would

be meaningless and would become redundant if Statutes are not amended

to satisfy the sentiments of the

Muslim community.

It is, therefore,

necessary to introduce a Bill in the Parliament to achieve this objective.

Hence this Bill.

RASHEED MASOOD

NEW DELHI;

December 11, 1980.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

BJXL NO. 15 OF

1981

A Bill further to amend the Constitution of India.

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

of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1981.

2. Article 31B of the Constitution shall be renumbered as clause (J)

thereof and after clause (1) as so renumbered, the following clause shall

be inserted, namely: —

"(2) All laws made by Parliament or the Legislature of a State

for imparting social and economic justice to the weaker sections of

citizens shall be included in the Ninth Schedule to the Constitution."

Short

title.

Amend-

ment of

article

31B.

Sue. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

In the Constitution, we have adopted socialism and democracy as the

basic objectives. The process of obtaining the objectives of socialism is

going slow because many times the legislation for social and economic

justice is struck down by the Judiciary as ultra-constitutional.

Article

31B already provides for validation of Acts and Regulations included in

the Ninth Schedule but thig protection has often not been extended to

legislation meant for social and economic justice. The proposed amend-

ment makes a blanket provision for inclusion in the Ninth Schedule of

all such legislation which are meant for economic and social justice.

Hence this Bill.

BALASAHEB VIKHE PATIL.

NEW DELHI;

December 17, 1980.

THU GABBTTE OF INOTA EXTRAORDINARY

TPAJIT M—

BILL NO. 6 OF 1981

A Bill further to amend the Constitution of India.

BE ij enacted by Parliament in the Thirty-second Year of the Re-

public of India as follows: —

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

1981.

(2) It shall come into force at once.

2. In article 51 of the Constitution, after clause (d), the following

clause shall be inserted, namely: —

"(e) collaborate with other nations for the early formation of 'a

World Constituent Assembly to draft the Constitution for a World

Federal Government.".

Short

tiO* wid

coioinen-

omnent.

Amend-

mtnt at

*rticl« 91.

4⁸

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II-

BlLL NO, 13 OF 1981

A BUI to provide employment to all citizens of not less than 25 years of

age, payment of unemployment allowattice and for unemployment

insurance scheme.

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

of India as follows:

1. (1) This Act may be called the Providing of Employment, Payment

of Unemployment Allowance and Unemployment Inaurance Scheme Act,

1981.

(2) It extends to the whole of India.

(3) It shall come into force at once.

2, Employment shall be provided to all the citizens of the country,

irrespective of caste, creed and faith who have attained the age of 25 years

and have registered themselves with the Employment Exchange.

Short

titlt,

extent and

commtn-

c«ment.

Employ-

ment to

all citi-

zens.

S«c. 2]

THB GAZETTE OF INDIA EXTRAORDINARY

3. Every citizen who has attained the age of 25 years and who requires

employment shall register himself at the Employment Exchange.

4. Till such time as employment is provided, the citizen shall be grant-

ed a fixed allowance of Rb. 100 per month:

Provided that in the case of a citizen who has acquired matriculation

or higher qualification, the allowance shall he Rs. 2Q0 per month.

5. An unemployment Insurance Scheme shall be started so as to pro-

vide for a special fund for the grant of subvention under this Act,

6. The citizen shall be eligible to receive the benefit under section 4

subject to his furnishing a declaration to contribute to the Unemployment

Insurance Scheme immediately after securing employment.

7. (1) The Central Government, may by notification in the Official

Gazette, make rules to carry out the provisions of this Act.

(3) Every rule made by the Central Government under this Act shall

be laid, as soon as may be after it is made, before each House of Parlia-

ment, while it is in session, for a total period of thirty days which may be

comprised in one session or in two or more successive sessions, and if,

before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any modifica-

tion In the rule or both Houses agree that the rule should not be made, the

rule shall thereafter have effect only in such modified form or be of no

effect, as the case may be; so, however, that any such modification or

annulment shall be without prejudice to the validity of anything previous-

ly done under that rule.

Registra-

tion at

Employ-

ment Ex-

change.

Grant of

unemp-

loyment

allowance.

Unemp-

loyment

Insurance.

Scheme.

Contribu-

tion to

Unemp-

loyment

Insurance

Scheme.

Power to

frame

rultur.

TH» GAZWTTF, OF INDIA EXTBiAQaEHNAHY

fPAsT.M-

STATEMENT OF OBJECTS AND REASONS

In a vast country like India the problem of unemployment hm assum-

ed menacing proportions. Even the educated citizens are reduced to a

state of begging for their living. The youth of the country are drifting

to a state of lawlessness and drug taking representing thus a national

waste. Lack of opportunities for gainful employment in the country have

also led to a birata drain and exodus flf a large number of skilled persons

abroad. The time has now come for a concentrated effort to assure em-

ployment to the citizens of the country and to provide unemployment

relief to the citizens of the country who have not heen able to secure em-

ployment. It is also necessary to promote unemployment insurance

scheme for the purpose, so that the scheme will serve to finance the funds

for unemployment relief.

B. V- DESAI

Nsw DKLHJ;

January 14, 1061.

FINANCIAL MEMORANDUM

Clause 4 of the Bill seeks to provide unemployment allowance to the

citizens who have attained the age of 25 years or above. Thiff provision

involves an initial expenditure. The initial requiTeWienta-oi the scheme

may be apprpximately to the tune of Rs. 100 crores Irotn the Consolidated

Fund df Endfa.

No recurring expenditure is likely to be involved from the Consolidated

Fund of India in view of the provisions of clause 6 of the Bill.

Sic. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill empowers the Central Government to frame rules

for carrying out the purposes of the Bill. The matters with respect to

which rules may be framed are matters of detail. The delegation of the

legislative power is, therefore, of a normal character.

AVTAR SINGH RIKHY,

Secretary.

PRINTED BY Tin; GENERAL MANAGER,

GOVERNMENT OF INBIA

FMS9,

MINTO ROAD

NEW DELHI

AND PUBLISHED

BY THE CONTROLLER OF PUBLICATIONS, DELHI,

1981