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.

(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

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.

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

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

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.

Short title

and com-

mence-

ment.

Amend-

ment of

article

324.

Amend-

ment of

article

325.

Amend-

ment of

article

326.

Amend-

ment of

article

328.

(169)

170

THE GAZETTE OF INDIA EXTRAORDINARY

[PAUT II—

STATEMENT OF OBJECTS AND REASONS

As per the Directive Principles <tf State Policy the village Panchayats

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,

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINAIIY

171

BILL NO. 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 r t

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.

172

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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.

ERA ANBARASU

NEW DELHI;

November 24. 1980.

SEC. Uj

THE GAZETTE OF INDIA EXTRAORDINARY

173

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.

(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,—

(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

Short

title,

extent

and com'

mence*

meat

Definitions

174

T ^ GAZETTE OF INDIA EXTRAORBUJAHY

[PAKT II—

(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

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.

Act not to

apply in

relation to

certain

employ-

ments.

Employers

to reserve

certain

percentage

of

vacancies

In employ-

ments.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

175

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.

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.

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.

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

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

Appoint-

ment of

register-

ing autho-

rities.

Appoint-

ment ot

Chief

Register-

ing Autho-

rity.

Registra-

tion of

blind

persons.

Register-

ing

authorities

to

submit

periodical

returns to

the

Chief

Registering

Authority.

Employers

to notify

vacancies

to the

Register-

ing

Autho-

rities.

Register-

ing

authority

to

furnish

list of

blind per-

sons to

employers.

I7G

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II—

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.

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.

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.

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.

Disputes

or diffe-

rences

between

the em-

ployer

and the

register-

ing

authority

to be

referred

to the

prescribed

authority.

Removal

of

names of

blind

person

from

the

register.

Re-regls-

tration of

blind

persons

in

certain

cases.

Vacancies

to be

carried

forward.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

177

15. (1) Every employer shall maintain such records giving such

particulars of the blind persons in such manner as may be prescribed.

(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.

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.

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.

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.

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.

Em-

ployers to

maintain

records.

National

Advisory

Council.

Unem-

ployment

Allows

ance.

Penalty.

Offences

by com-

panies.

178

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Offences

ernment

depart-

ments.

Power to

make

rules.

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.

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,

SBC. £fl.

THE GAZETTE OF INDIA EXTRAORDINAHY

179

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.

ATAL BEHARI VAJPAYEE

NEW DELHI;

January 20, 1981.

180

THE GAZETTE OF ENDlA EXTRAORDINARY

[PAHT II—

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.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

tfci

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

(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.

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

substituted, namely:—

"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

37 of 1954.

2 of 1974.

Short

title.

Amend,

mentof

section 16.

Substitu-

tion of

section

20A.

Power of

court to

implead

manufac-

turer, etc.

18a

THE'GAZETTE OF INDIA EXTRAORDINARY

[PAW H—

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: —

"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.

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.".

Insertion

of new

sections

20Band

20C.

Proce-

dure

where

vendor

not found

guilty.

Penalty

where

manu-

facturer,

etc. found

guilty.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

183

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,

184

™

E GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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.

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

(a) "economically backward student" means a student the income

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.

Short

title,

extent and

commen-

cement.

Defini-

tions.

Compul-

sory

education

for child-

ren above

five years.

SBC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

185

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.

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.

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.

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.

Supply of

material

for Btud-

ies and

provision

of mid-

day meals-

No ago

restric-

tion in

the first

year ni

the Act.

No Gov-

ernment

aid, etc. on

default.

Power

toroak*

rules.

186

THE GAZETTE OF INDIA EXTRAORDINARY

[PAST II—

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.

SBC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

187

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.

188

THE (jAZETfE OP INDIA EXTRAORDINARY

[PART II—

BILL NO. 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)

Act, 1961.

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

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

"(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

Short

title.

Amend-

ment

of

aecttm

17.

aiofi»7«.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

189

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.";

190

THE GAZETTE OF INDIA EXTRAORDINARY

TPART II—SEC. i]

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 IHI CONTROLLEH OF PtTBLICATIONa, DELHI, 1B81