Subject NOT available

click here for IIIF manifest

REGISTERED .No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 16] NEW DELHI, FRIDAY, MARCH 20, 1981/PAHALGUNA 29, 1902

Separate paging is given to this Part in order that it may be filed as a separate compilation

LOK SABHA

The following Bills were introduced in Lok Sabha on the 20th March,

1981:—

BILL NO. 20 OF 1981

A Bill further to amend the Beedi Workers Welfare Fund 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 Beedi Workers Welfare Fund (Amend- Short title.

ment) Act, 1981.

2. In section 4 of the Beedi Workers Welfare Fund Act, 1978, (here-

2 of 1976.

inafter referred to as the principal Act), in sub-section ,(1),—

Amend- ment of section 4.

(i) in clause (a),—

(a) in sub-clause (i), the words "or provision for medical allowances in lieu thereof" shall be inserted at the end;

(b) the following sub-clauses shall be inserted at the end,

namely—

"(vi) the provision for the old age pension on attain-

ment of the age of 60 years for males and 55 years for

females;

"(vii) the provision of unemployment relief in the

event of a worker rendered jobless consequent to closure of

unit or retrenchment measures by the employer;";

( 2 4 5)

(ii) in clause (b), for the words "or an employer", the words

"an employer or a workers' organisation" shall be substituted;

(Hi) in clause (d), for the words ''Advisory Committees" and

"Central Advisory Committee", the words "Supervisory Com- mittees" and "Central Supervisory Committee" respectively shall bo substituted.

3. In section 5 of the principal Act,—

(i) for the words "Advisory Committee", wherever they occur, Amend- ment of section 5.

the words "Supervisory Committee" sh'all be substituted;

(ii) in sub-section (1), the words "and to supervise the imple-

mentation of the Act" shall be inserted at the end.

Amend- ment of sections 6 and 7.

4. In sections 6 and 7 of the principal Act, for the words "Advisory Committee/Advisory Committees" and "Central Advisory Committee" wherever they occur, the words "Supervisory Committee/Supervisory Committees" and "Central Supervisory Committee" respectively shall b$ substituted.

STATEMENT OF OBJECTS AND REASONS

The Beedi Workers Welfare Fund Act, 1976 is meant to provide for the financing of measures to promote the welfare of persons engaged in beedi establishments.

The present law is, however, inadequate to meet all the welfare needs of the beedi workers. It is, therefore, necessary to include some welfare measures such as medical allowance, old age pension and unemployment relief.

The present law provides for financial assistance to a State Govern- ment, a local authority or an employer in aid of any scheme approved by the Central Government for the welfare of beedi workers. However, the law does not provide any assistance to any organisation formed by the workers for their own welfare. It is, therefore, proposed that the assis- tance should be provided to the workers organisations.

The provision for advisory committee needs to be improved because the advisory committees are mere formal and do not function effectively. For this purpose, it is necessary that these committees are given super- visory status also so that the law can be implemented more effectively in the interest of beedi workers.

Labour safety is an important part of the social security system. All these measures, apart from the measures in the law as it stands, are meant for the safety of the beedi workers.

Hence this Bill.

MUKUNDA MANDAL

NEW DELHI;

December 10, 1980.

FINANCIAL MEMORANDUM

56 of 1976.

Clause 2 of the Bill providing for medical allowance, old age pension, and unemployment relief to beedi workers will need additional financial expenditure. For this purpose it will be necessary to amend the Beedi Workers Welfare Cess Act, 1976, providing for additional cess on tobacco to meet the obligation under the Beedi Workers Welfare Fund Act, 1976.

Pending the amendment of the Beedi Workers Welfare Cess Act, 1976, the funds required to meet the 'additional obligation under the proposed amendments may be sanctioned from the Consolidated Fund of India.

The amount of expenditure likely to be incurred for the purpose of the Bill would depend on the figure of medical allowance, old age pension and unemployment relief of the beedi workers that may be determined after due consideration. It is, therefore, not possible at this stage to Bpecify the recurring and non-recurring expenditure that will be involved if this Bill is enacted and brought into operation.

BILL N O. 29 OF 1S81

A Bill to provide for right to privacy to every citizen of India.

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

of India as follows: —

1. (1) This Act may be called the Right to Privacy Act, 1981.

(2) It extends to the whole of India.

(3) It shall come into force at once.

Short title, extent and com- mence- ment.

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

Defini- tions.

(a) "Court" means the local court having unlimited jurisdiction

of India as follows: —

(b) "Right to Privacy" means the right of any person to preserve the seclusion of himself, his family or his property from any other

person.

Cause of action.

3. Any person who has been subject to any serious and unreasonable infringement of his right to privacy shall have a cause of action against the offender,

4. It shall be a defence in any action for such infringement to show that—

(a) the defendant did not knowingly infringe the right to Defences allowed under the Act.

privacy; or

(b) where the infringement consists of any words written or spoken, or visual publication of a speech in a newspaper, periodical, book or television or sound broadcast, or the infringement was rea- sonably necessary to comment fairly upon a subject of general public interest in which the plaintiff, his family or properties were directly involved; or

(c) the infringement was reasonably necessary for the conduct of the business, profession or other occupation of the defendant and he neither knew nor ought to have known that the plaintiff would object; or

(d) the plaintiff, explicitly or by his conduct, had consented to the infringement; or

(e) the defendant was acting in accordance with authority con- ferred upon him "by any law for the time being in force.

5. In any action brought under this Act, the court may,—

(i) award damages;

Relief by the courts.

(it) grant an injunction if it appears to be just and convenient.

Damages. 6. In assessing the damages which ought to be awarded for an in- fringement of the right to privacy, the court shall have regard to all the circumstances of the case, particularly the effect of the infringement upon the health, welfare and financial position of the plaintiff or his family and any financial gain which the defendant made as a result of the infringement.

Liability of third party.

7. Any person who knowingly derives financial benefit from an in- fringement of the right to privacy shall be concurrently liable with the original offender.

STATEMENT OF OBJECTS AND REASONS

Every citizen has a right to live a life that is unmolested and i from intrusion by Government or private agencies. In recent years there has been considerable invasion of privacy by such 'agencies and particularly by a section of the media. The laws of trespass or libel have proved to be inadequate to protect this right to privacy. The Bill seeks to provide general right to privacy to every citizen of India.

V. N,. GADQTI,

N FW DELHI;

January 31. 1981.

BILL NO. 40 OF 1981

A Bill to provide for the welfare by the Government of all

persons who are born handicapped, disabled, or mentally

retarded.

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 Welfare of Handicapped,

Disabled and Mentally Retarded Persons Act, 1981.

Short title, extent and commence- ment.

(2) It extends to the whole of India.

(3) It shall come into force at once.

2. All persons who are born as disabled, handicapped, mentally retarded or declared mentally retarded shall be taken care of by the Government.

Disabled persons, etc. to be taken care of by Government.

3. All the expenses for their bringing up, education and training for employment and the sheltered habitation of men- tally retarded persons shall be borne by the Government.

Expenses of bringing up, etc. to be borne by- Government,

Welfare centres to take possession of disabled persons.

4. All welfare centres in the country shall be authorised to take possession, of supb persons who are noticed asj disabled, handicapped or mentally retarded and are, found to be : un- attended on neglected by their ^parents or are handed over to a svej|aire> centre by the parents themselves.

Employment to disabled, etc. 5. The CMWyeinment shall puqvide suitable . emplpymfmt to all "*eh person^ who are di^ftbled, hand^cajkpjed or mentally retarded, >pnthgix Attaining the age of 18 years.

Q< \{1) The Central Government may frame rules for carry- Power to frame rules.

ing out the purposes of this Act and in particular for talking possession of persons who are disabled, handicapped or men- tally retarded.

(2) Every rule made by the Central Government undei this Act shall be laid, as soon as may be after it Is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before,the expiry of the session immediately following the session or the succes- sive sessions aforesaid, both Houses agree in making any modi- fication 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, how- ever, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

STATEMENT OF OBJECTS AND REASONS

It has been found that the number of children born in India as handicapped, disabled or mentally retarded has been increasing from time to time. It has been also found that these children are not properly looked after by the families and are thrown on the roadsides. In fact, due to the draw- back they suffer from, they deserve the care of the Govern- ment even after they attain majority. No sufficient provisions have been made so far for their welfare and they are not treated well in the society. It is, therefore, necessary to enact this type of legislation for the welfare of such children. This may give them a feeling of equality and prosperity in com- parison to others and Government should make provision for their welfare and betterment so that they can enjoy the free- dom of the country.

Hence this Bill.

B. V. DESAI

NEW DELHI; February 10, 1981.

FINANCIAL MEMORANDUM

Clause 3 of the Bill provides that all expenses for bringing up such persons who are born as disabled, handicapped or mentally retarded and lor their education, etc. will be borne by the Government. Clause 5 requires the Government to make provision of suitable employment for such children on their attaining the age of 18 years. The Bill, therefore, If enacted, is likely to involve recurring expenditure of about Rs. 50 crores from the Consolidated Fund of India.

A non-recurring expenditure of Rs. 10 crores Is also likely to be incurred in this connection,

MEMORANDUM.REGARDING DELEGATED LEGISLATION

ClaU"e 6 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill, As the rules will relate to matters of detail only, the delegation of, legislative power* is of a normal character,

BILL NO. 31 OF 1981

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

High Court of Himachal Pradesh at Hamirpur

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

of India as follows: —

1. This Act may be called the High Court of Himachal Pradesh Short title.

(Establishment of a Pemanent Bench at Hamirpur) Act, 1981.

2. There shall be established a permanent Bench of the High Court of Himachal Pradesh at Hamirpur, and such judges of the High Court of Himachal Pradesh, being not less than, two in number, as the Chief Justice of that High Court may, from time to time nominate, shall sit at Hamirpur in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in Hamirpur, Kangra, Una, Chamba, Mandi and Bilaspur districts of Rimachal Pradesh.

Establish- ment of a perma- nent Bench oi High Court of Himachal Pradesh at Hamir- pur.

STATEMENT OP OBJECTS AND REASONS

There is dire need for locating a Bench of the High Court of Himachal Pradesh at Hamlrpur for the administration of speedy and cheap justice and for the convenience of the litigant public of the region. The Bill provides for the establishment of such a Bench at Hamirpur, which js a Central and well connected city in the region.

Hence this Bill.

NARAIN CHAND PARASHAR

NEW DELHI;

February 13, 1$J.

BILL NO. 41 OF-1981

A Bill to provide for regulation of pensions to Central

Government pensioners

WHEREAS it is expedient to consolidate, define and amend

the law relating to pensions;

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 Pensions (Regulation)

Act, 1981.

Short title, extent, com- mencement and application.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

(4) It applies to all Central Government pensioners, unless otherwise provided for or covered by the provisions of article 309 of the Constitution.

2. (I) The purchasing power of all pensions sanctioned or

Protection of purchas- ing power of pension.

to be sanctioned shall bo protected as much as possible and for this purpose a principle of equity shall be enforced whereby all basic rates of pensions sanctioned by the Government of India upto 31 March, 1979 shall be brought up to the 1980 standard in the manner provided in sub-section (2).

(2) Any pension granted on or before 31 March, 1979 shall be

increased by an amount arrived at by applying the multiplier to the basic rate of pension as given in the schedule.

Review of basic rates of pension.

3. The Government shall review the basic rates of pension after every four years after 1980, taking into consideration all relevant factors and circumstances then obtaining.

Revision of basic ratea of pension.

4. Notwithstanding the provisions of section 3, whenever the scales of pay of the Central Government employees are revised, the Government shall simultaneously also review and revise the basic rates of pensions then admissible to the Central Government pensioners in consultation with a Pensioners' Advisory Committee consisting of eleven Members of Parlia- ment and ten persons co-opted to it by the Government, of whom at least five shall be the Central Government pensioners and two family-pensioners of different status and age groups.

5. If the provisions of this Act cause any undue hardship In any particular case, the Pensioners' Advisory Committee shall consider any such case represented to it and make suitable recommendations to the Government for a final decision.

Consideration of Individual cases by Pensioners' Advisory Com- mittee.

6. Arrears of increase in pensions shall be made admissible only to those Central Government pensioners who have at- tained the age of 70 years and such arrears shall be paid with effect from a date not earlier than 1 January, 1973.

Arrears of increase in pension to be admissi- ble in cer- tain cases.

Rate of fa- mily pension.

7. Family pension shall bo admissible to widows or other entitled claimants of all Central Government pensioners, irrespective of the date of their. retirement from service or death, at the rate of 75 per cent, of the amount of basic pension admissible under section 2, In addition to any relief which Way be sanctioned by the Government, subject to a minimum of rupees 150/r per mensem.

Payment of Pension.

8. Pension or family pension* payable to a pensioner or family-pensioner, as the case may be, shall be finalised and Its payment shall start within a period of one month of ,hts/her retirement or death, as the case may be.

THE SCHEDULE

(See section 2)

Multiplier

Multiplier

Year of

retirement

Year of

retirement

1952 or

earlier

Do. DO' Do-

a • 30 times

a' 25 times

2 • 20 timej

1966 (967 1968

D D.

3 '00 times the current pension

plus ad hoc relief)lgraded relief

subject to a ceiling of

R*- '575/ PC mensem and

a minimum of R". 300/- p.m.

1969

a-15 times

Do,

2* 10 times

Do.

a- 95 times

1970

•933

Do.

a • 05 times

Do.

2 • 90 times

"954

9- 00 times

Do.

a • 85 times

1973

Do.

1955

i- 50 times

Do.

Do.

a • 80 times

1956

'973

1 • 50 times

Do.

Lw.

2" 7 3 times

197*

1957

1 • 50 times

Do.

2- 70 timei

Do.

'973

1958

t' jo times

Do.

2 • 65 times

1976

Do.

'959

Do.

2-Go times

i960

1977

1 • 50 times

Do.

1961

a 55 times

(upto 30-8-77 )

Do.

1-30 tirnM

1' 30 times

Do. Do.

(from 1-9-77) "978 1979

i' 30 time*

(up to 31-3-79)

Do.

196a

(from 1-4-79) current pension

Do.

a- 50 timci

Do.

1980 current peniion

Do.

a' 45 timoi

Do.

1981 ai before

1963

Do,

1964

a-40 time*

198a as before

1983-84 10 before.

Do.

1963

a-35 timci

STATEMENT OF OBJECTS AND REASONS

Ever rising prices are constantly eroding the purchasing power of pensions payable to the retired Central Government employees. In the circumstances, the poor pensioners are finding it very difficult to survive with their meagre amount of pension. It is, therefore, necessary that the rates of pensions payable to Central Government servants should be reviewed periodically taking into consideration the Increase In the cost csf living index and all other relevant factors and circum- stances then obtaining with a view to give much-needed relief .to the pensioners.

Hence this Bill.

ATAL BEHABl VAJPAYEE.

TT^w DELHI; February 13, 1981.

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for increasing the amount of pension to the 1980 standard of the pensioners who retired in 1952 or earlier and upto 31-3-79. Clause 4 provides for revision of basic rates of pension and for the constitution of a Pen- sioners' Advisory Committee. Clause 6 provides for payment of arrears of increase in pension to certain pensioners. Clause 7 provides for payment of family pension at the rate of 75 per cent of basic pension admissible subject to a minimum of Ra. 150/- per mensem. The Bill, therefore, if enacted, would Involve expenditure from the Consolidated Fund of India. It .is likely to involve a recurring expenditure of rupees ten crores per annum and non-recurring expenditure of rupees

.fifty lakhs per annum.

AVTAR SINGH RIKHY,

mONTW) BT THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS,

MDtTO ROAD N EW DELHI AND PUBLISHED BY THE CONTROLLER OF

PUBLICATIONS, DELHI, 1&81