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