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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 9] NEW DELHI, FRIDAY, MARCH 6, 1981/PHALGUNA 13, 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 6th March, 1981:—

BILL NO. 3 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. (1) This Act may be called the Constitution (Amendment) Act,

1981.

Short title and com- mence- ment.

(2) It shall come into force at once.

2. In article 324 of the Constitution,—

(i) in clause (2), after the words "Legislature of every State

Amend- ment of article 324.

and" the words "Local Bodies and" shall be inserted.

(ii) in clause (4), after the words "Legislative Assembly of each

State" the words "and to the Local Bodies" shall be inserted.

3. In article 325 of the Constitution, after the words "Legislature of a

State and" the words "Local Bodies and" shall be inserted.

Amend- ment of article 325.

4. In article 326 of the Constitution, after the words "Legislative As-

sembly of every State" the words "and Local Bodies" shall be inserted.

Amend- ment of article 326.

5. In article 328 of the Constitution, after the words "either House of the Legislature of the State" the words "and Local Bodies" shall be inserted.

Amend- ment of article 328.

(169)

STATEMENT OF OBJECTS AND REASONS

As per the Directive Principles

should be organised by the State Governments. The experience has

shown that most of the States aa?a avoiding to conduct regular elections

to local bodies due to political reasons.

In order to see that elections to local bodies are held regularly and

Panchayat system functions effectively in our villages the amendments

proposed 'are necessary.

Hence this Bill.

G, NABSIMHA REDI>Y NEW Dawn;

November 20, 1980.

FINANCIAL MEMORANDUM

Clause 2(i) of the Bill provides that superintendence, direction and control for the preparation of the electoral rolls for, and the conduct of all elections to local Bodies shall ba vested in the Election Commission. Clause 2(U) provides for the appointment of Regional; Commissioners to assist the Election Commission in the performance of its functions. The Bill, therefore, if enacted, is likely to involve a recurring expediture of about rupees one crore annually from the Consolidated Fund of India. A non-recurring expenditure of about rupees twenty lakhs is also likely to be incurred,

BILL N O. 4 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. S h o rt

2. In article 171 of the Constitution, in clause (5), in sub-clause (c), Amend- the words "not lower in standard than that of a secondary school" shall merit of be deleted.

article 171.

STATEMENT OF OBJECTS AND REASONS

The Constitution of India does not prescribe any qualification to the electorates for the election of members of Parliament or of State Legislative Assemblies. As per the provision in sub-clause (c) of clause (3) of article 171 of the Constitution, the teachers in educational institutions lower in standard than that of a secondary school do not enjoy the right of voting in the elections for the teachers' consti- tuencies to the State Legislative Councils. There is a discrimination among the teachers in their right to vote. When there is no discrimi- nation in the electorates for the election of members of Parliament and members of State Legislative Assemblies, the existing discrimination among the teachers is contrary to the democratic norms and principles. This Bill seeks to remove this discrimination among the teachers and to secure respect and equal opportunity to all teachers irrespective of the standard of the educational institution where they teach.

NEW DELHI;

ERA ANBARASU

November 24. 1980.

BILL NO. 18 OF 1981

A hill to make provision for enabling blind persons to secure employment

and for matters incidental to or connected therewith.

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

1. (1) This Act may be called the Blind Persons (Employment) Act, 1981.

(2) It extends to the whole of India.

Short title, extent and com' mence* meat (3) It shall come into force on such date as the Central Government mayi 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,—

Definitions

(a) "Appropriate Government" means,—

(1) the Central Government in relation to: —

(a) any establishment of any railway, major port, mine or oil field, or any establishment owned, controlled or managed by:—

(i) the Central Government or a department of the

Central Government; or

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

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

(2) in relation to any other establishment, the Government

of the State in which that other establishment is situated;

(b) "Blind person" means a person who is blind accord-

ing to the following standards,—

(i) total absence of sight; or

(ii) visual equity (with correcting lenses) not exceeding 20/200 or 6/60 (snellen) in the better eye; or

(in) angle of vision subtending 20° or less in the

better eye;

(c) "chief registering authority" means the authority

appointed under section 6;

(d) "employer" means any person who employs fifty or more persons to do any work In an establishment for remu- neration and includes any person entrusted with the super- vision and control of employees in such establishment;

(e) "establishment" means—

(i) any office; or

(ii) any place where any Industry, trade, business

or occupation 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 appoint-

ed tinder section 5.

3. This Act shall not apply in relation to—

(a) any employment in agriculture (including horticulture); (£>) any employment in domestic service; (c) any employment the total duration of which is less then

Act not to apply in relation to certain employ- ments.

three months;

(d) any employment whidh carries remuneration of leisfi than

Bs. 100/- (rupees one hundred) a month.

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.

Employers to reserve certain percentage of vacancies In employ- ments.

Appoint- ment of register- ing autho- rities.

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 iiersons and

may, in the notification, define the area within which each such Autho-

rity shall exercise jurisdiction.

6. Without prejudice to the provisions of 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 ot Chief Register- ing Autho- rity.

Registra- tion of blind persons.

7. (1) Any blind persons possessing the prescribed qualifications and desiring to get himself registered under this act may make an applica- tion, in such, form and containing such particulars as may be prescribed, to the registering authority within whose jurisdiction he resides.

(2) On receipt of an application under sub-section (1), the Register- ing Authority may cause such enquiries, as it deems necessary, to be made and if it is satisfied that the applicant is a blind person and pos- sesses the prescribed qualifications, register his name in a register and issue to the applicant "a certificate of registration in the prescribed form, or an identity card.

(3) The Register shall be maintained by the Registering 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 interval? and with such particulars as may be prescribed.

Register- ing authorities to submit periodical returns to the Chief Registering Authority.

9. Every employer shall before filling up any vacancy in any estab-

lishment shall notify that vacancy to the Registering Authority within whose jurisdiction that establishment is situated.

Employers to notify vacancies to the Register- ing Autho- rities.

10. (1) As soon as may be after tho receipt of the notification of the

Register- ing authority to furnish list of blind per- sons to employers.

vacancies under section 9, the Registering Authority shall furnish a list of blind persons registered with it, containing such particulars as may be prescribed, to the employer who has notified the vacancies under that section and thereupon the employer shall, within the prescribed 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 blind person shall be rejected on the ground that he cannot perform a particular job and in case a board of experts certifies that he can do so with the help of modern technological devices in fRat event it shall be the responsibility of the appropriate Government to provide

such aids on loan for as long as the concerned blind person is in employ- ment and make use of the devices lent to him.

(3) The Appropriate Government shall appoint a Board of Experts who will, in each case, determine whether the blind person can perform a job with the help of modern devices. Their decision shall be final and binding both on the appropriate Government and the employer.

(4) Where any registering authority in a State has no suitable blind persons registered with it, it shall intimate this fact to the Chief Regis- tering 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 and thereupon the provisions of sub-section (1) shall apply for filling up the vacancy by appointing the blind person,

11. If any dispute or difference arises between the employer and the Registering Authority as to the suitability of a blind person for ap- pointment or as to whether such person is a blind person or not, such dispute or difference shall be referred by the appropriate Government to the prescribed authority whose decision thereon shall be final.

Disputes or diffe- rences between the em- ployer and the register- ing authority to be referred to the prescribed authority.

12. When any blind person has been appointed to fill up any vacancy in an 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 estab- lishment under section 10 such person has been discharged by the em- ployer, nothing in this Act shall preclude such person to get himself registered again with the Registering Authority in accordance with the provisions of this Act.

Re-regls- tration of blind persons in certain cases.

Vacancies to be carried forward.

14. (1) Where in any year any vacancies in an establishment reserv- ed under section 4 cannot be filled up either due to the non-availability of suitable blind persons or for any other sufficient reason such vacan- cies may be filled up 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 yet exceed five per cent of the vacancies (both reserved and unreserved) in that year.

(2) For the purpose of sub-section (1), a blind person shall not be deemed to be unsuitable to fill up the vacancy unless a certificate in this oehalf is obtained by the employer from the registering authority.

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

Em- ployers to maintain records.

(2) The records maintained under sub-section (1) shall be open to inspection at all reasonable hours 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 appropriate Governments shall appoint their own

Advisory Councils to advise them on all problems arising from the

Implementation of this Act.

Unem- ployment Allows ance.

17 The Central Government or the appropriate Government, as the

case may be, shall give unemployment allowance to every blind persons

amounting Rs. 300/- (Rupees three hundred only) per mensem whose

name appear in the Register maintained under section 7 o( 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, he shall be punishable with imprison- ment for a term which may extend to three 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 inch'arge of, and was responsible to the company for the conduct of the bus;ness 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 wag committed without his knowledge and that he had exercised all due diligence 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 also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Explanation: For the purposes of this section,—

(a) "company" mepns '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.

Offences

ernment depart- ments.

20. Where an¹ offence under this Act has been carntriftted fty nny department of Government, the head of sueh department shall be deem- ed to be guilty of the offence and 3hall be liable tw b" proceeded against aad punish accordingly:

Provided that nothing contained in this section shall render the head of such department liable to any punishment under this Act, if the head of. auchi department proves that the offence was committed without his or that he exercised all due diligence to prevent the com-

oj suck offence.

Power to

make rules.

21. (2) 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 the purposes of this Act.

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

(a) the qualification or qualifications which a blind person shall

possess to entitle him to make an application under section 7;

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

(c) the form in which and the manner in which the register shall be maintained 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 aub^seotion (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 or .difference between the employer and the registering authority may be referred under section 11;

(gO any other matter which has 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 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 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

The year 1981 is being observed all over the world as the year of the disabled. One of the worst disabilities that a human being can suffer from is blindness. In India, the year gone by has witnessed quite a few tragic happenings which have sharply brought into public focus the plight of the blind. Many of them have talent, but they are unable to get suitable employment.

It would be in the fitness of things if in 1981, Parliament legislates

to ensure that blind persons are able to 'secure suitable jobs.

This Bill seeks to achieve this objective.

NEW DELHI;

ATAL BEHARI VAJPAYEE January 20, 1981.

FINANCIAL MEMORANDUM

Clatfse 5 of the Bill provides for appointment of Registering Authori- ties for the purpose of registration of blind persons. Clause 6 provides for appointment of a Chief Registering Authority for the purposes of the Act. Sub-clause 3 of clause 10 provides for the appointment of experts by the Government. Clause 16 of the Bill provides for the appointment of 'a National Advisory Council by the Government. Clause 17 of the Bill makes provision for giving unemployment allowance of rupees three hundred per mensem to every blind person till such time as he is given employment. Clause 21 (2) (f) enables the Central Government to make rules to provide for an authority to which any dispute or difference between the employer and the Registering Authority may be referred. The Bill, therefore, if enacted, would Involve expenditure from the Consolidated Fund of India.

At this stage, it is not possible to give precisely the estimate of re- curring and non-recurring expenditure involved from the Consolidated Fund of India. However, it is roughly likely to involve recurring expen- diture of rupees one crore per annum and non-recurring expenditure of rupees ten lakhs per annum.

MEMORANDUM REGARDING DELEGATED LEGISLATION

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

BILL NO. 16 OF 1981

A Bill further to amend, the Prevention of Food Adulteration Act, 1954.

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

of India as follows:—

1. This Act may be called the Prevention of Food Adulteration Short title.

(Amendment) Act, 1981-

2. Sub-section (2) of section 16 of the Prevention of Food Adulteration

Act, 1954 (hereinafter referred to as the principal Act) shall be omitted.

37 of 1954.

Amend, mentof section 16.

3. For section 20A of the principal Act, the following section shall be

substituted, namely:—

Substitu- tion of section 20A.

Power of court to implead manufac- turer, etc. "20A. Where at any time during the trial of any offence under this Act alleged to have been committed by any person, not being the manufacturer, distributor or dealer of any article of food, the court is satisfied that such manufacturer, distributor or dealer is also concerned with that offence, then the court shall, notwithstanding anything contained in sub-section (3) of section 3191 of the Code of Criminal Procedure, 1973 or in section 20, proceed against him as 2 of 1974.

though, a prosecution had been instituted against him under section

20."

4v After section 20AA of the principal Act, the following sections shall

be inserted, namely: —

Insertion of new sections 20Band 20C.

Proce- dure where vendor not found guilty.

"20B. Where under section 19, a vendor is found not to have committed an offence pertaining to the sale of any adulterated or misbranded article of food or where the adulterated article bears an Indian Standards Institution certificate and it is proved that the vendor had stored the article of food properly while in his possession and sold it in the same state as he purchased it, the court shall pro- ceed against the manufacturer, distributor or dealer of such adul- terated article of food as though a prosecution had been instituted against him under section 20.

Penalty where manu- facturer, etc. found guilty.

20C. (1) Where a manufacturer, distributor or dealer is prose- cuted and is found to have committed an offence under this Act, the court before which the conviction takes place shall cause the offen- der's name and place of residence, the name of the firm or company concerned, the offence committed and the penalty imposed to be pub- lished at the offender's expense in such newspapers as the court may direct and to be broadcast on the radio net-work of the country.

(2) The expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.".

STATEMENT OF OBJECTS AND REASONS

Of late, the menace of food adulteration has assumed alarming pro- portions involving grave risk to public health. Particularly in urban areas this evil is more rampant. Laboratory tests have revealed that date husk, black gram husk, grit, saw dust are common adulterants In coffee 'and tea. Similarly, rancid stuff, cheaper oils and mineral oils are the common adulterants In edible oils.

lit is necessary to curb this evil practice with iron hand. The spiral- ling prices, the shortages and the opportunities to make quick money in the black market were responsible for such excessive adulteration. Added to this socio-economic climate are the lacunae in implementing laws. The manufacturers, distributors or dealers of adulterated or misbranded articles of food often escape the law and the petty vendor is punished. It is necessary that the big sharks behmd this heinous crime i.e., the manufacturers, distributors or dealers should not escape the prose- cution and punishment and 'at the same time names of those who are found guilty of an offence under the Prevention of Food Adulteration Act, 1954, should be published for the information of the public and for warning the public against buying and consuming the articles produced or distributed or sold by such unscrupulous persons.

Hence this Bill.

VASANT KUMAR PANDIT

NEW DELHI;

January 15, 1981,

BILL NO. 14 or 1981

A Bill to provide for universalisation oj elementary education in India,

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 Universalisation of Elementary Edu-

cation Act, 1981.

(2) It extends to the whole of India.

(3) It shall come into force at once.

Short title, extent and commen- cement.

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

(a) "economically backward student" means a student the income Defini- tions.

of whose parent is less than Rs. 1500 per annum;

(b) "Government" means Central Government;

(c) "parent" means father or mother or guardian in case there

is no father;

(d) "prescribed" means prescribed by rules made under this Act; (e) "student" means a boy or girl.

3. Every parent shall compulsorily send his son or daughter, on com- pletion of five years of age, to any elementary school whether it belongs to a local body, Government, or to a private body and shall not stop him/ her from going to a school till he/she attains fourteen years of age.

Compul- sory education for child- ren above five years.

4. The Government shall supply to every economically backward student slates., pencils, books, uniforms and other material necessary to further the studies and provide mid-day meals or financial assistance to be prescribed by the Government.

Supply of material for Btud- ies and provision of mid- day meals-

5. There shall, not be any age restriction in the first year of the imple- mentation of this Act for the students to get admission to the first class of the school.

No ago restric- tion in the first year ni the Act.

No Gov- ernment aid, etc. on default.

6. On default of sending any boy or girl to School, as provided for here- inbefore, no financial assistance or loan or any aid shall be given to the parent by the Government, or 'a bank or a cooperative society or any other quasi-Government organisation.

Power toroak* rules.

7. The 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.

STATEMENT OF OBJECTS AND REASONS

Though many States have passed Acts regarding compulsory education they are not being implemented because the measures therein are not adequate. Unless the poor students are helped by the Government to get slates, books, uniforms and mid-day meals or financial assistance is given to the economically backward students, the parents will not be able to send the children to schools. Therefore, this Bill envisages the supply of the above things to the students.

In the villages, some boys and girls come to school later than prescribed age due to their special circumstances. In the first year they should be given exemption of age.

Even after providing the above facilities or financial assistance some parents may not send their children to the school. Therefore, the neces- sity of this Bill.

VASANT KUMAR PANDIT.

NEW DELHI;

January 17, 1981.

FINANCIAL MEMORANDUM

Clause 4 of the Bill fixes the responsibility of the Government for pro- viding books, slates, uniforms, mid-day meals or financial assistance to the economically backward students. The recurring expenditure on this account may work out to Rs. 100 crores per annum which would be met from thp Consolidated Fund of India.

No non-recurring expenditure is likely to be incurred in case the Bill

is enacted.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 7 of the Bill empowers the Government to frame rules to carry out the purposes of the Bill Under clause 4, Government will have to prescribe the financial assistance to be given to the economically back- ward students in case the books, mid-day meals 'and uniforms, etc. are not given to them. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.

BILL N O. 28 OF 1981

A Bill further to amend the Regional Rural Banks Act, 1976.

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

of India as follows:—

1. This Act may be called the Regional Rural Banks (Amendment) Short title.

Act, 1961.

2. In section 17 of the Regional Rural Banks Act, 1976, for sub-section

aiofi"7".

(1), the following sub-section shall be substituted, namely:—

Amend- ment of aecttm 17.

"(1) A Regional Bank may appoint such number of officers and other employees as it may consider necessary or desirable for the efficient performance of its functions and may determine the terms and conditions of their appointment and service:

Provided that it shall be lawful for a Sponsor Bank, if requested so to do by a Regional Rural Bank sponsored by It, to send, during

the first two years of the functioning of a Reg:onal Rural Bank, such number of officers or other employees on deputation to the Regional Rural Bank as may be necessary or desirable for the efficient performance of its functions:

Provided further that the remuneration of officers and other employees appointed by a Regional Rural Bank shall be such as may be determined by the Central Government, and, in determin'ng such remuneration, the Central Government shall have due regard to the salary structure of the employees of the rural branches of other banking institutions and the local authorities of comparable level and status in the notified area.";

STATEMENT OF OBJECTS AND REASONS

Section 17 (1) of the Rwgwnell Rural Btoiks Act, 1076 conies in the way of ftJtihg up the- uniform pay scale* tbf the 6mplo$>"e!es of the rural bankc. TWs constitutes g i *^ ittjttAtlce* tdJthe employees tff th" regional rur&H banks.

This Bill seeks to remove the' lfltyuattee.

MADHU DANDAVATE.

NEW DELHI;

January 12, 1981.

AVTAR SINGH RIKHY,

Secretary.

PBINTm BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PBESS, MXNTO HOAD

NKW DELHI ANP PUBLISHED BY I HI CONTROLLEH OF PtTBLICATIONa, DELHI, 1B81