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-

ment) Act, 1981.

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

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

(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 of 1976.

Short

title.

Amend-

ment of

section

(245)

246

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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,

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.

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.

Amend-

ment of

section

Amend-

ment of

sections

6 and 7.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

$4?

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.

248

THE GAZETTE OF INDIA EXTRAORDINARY

[PAST ll—

FINANCIAL MEMORANDUM

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.

56 of 1976.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

249

BILL NO. 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.

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

(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.

Short

title,

extent

and

com-

mence-

ment.

Defini-

tions.

a^*0

TtlE OAZEtfTE OF INDIA EXTRAORDINARY

[PART il—

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

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

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;

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

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.

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.

Cause of

action.

Defences

allowed

under

the Act.

Relief

by the

courts.

Damages.

Liability

of third

party.

252

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II—

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.

(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.

Short title,

extent and

commence-

ment.

Disabled

persons, etc.

to be taken

care of by

Government.

SEC. 2]

THE GAZETTE OF INtflA EXTRAORDINARY

253

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.

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.

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-

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.

Expenses of

bringing up,

etc. to be

borne by-

Government,

Welfare

centres to take

possession of

disabled

persons.

Employment to

disabled, etc.

Power to

frame rules.

a⁵⁴

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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.

Siic, 2]

THE GAZETTE OF INDIA EXTRAORPINARY

257

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

(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.

Short

title.

Establish-

ment of a

perma-

nent

Bench oi

High

Court of

Himachal

Pradesh

at Hamir-

pur.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

259

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.

(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.

Short title,

extent, com-

mencement

and application.

a6o

THE GAZEfTE OF INDIA EXTRAORDINARY

[PART 11—

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

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.

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.

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.

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.

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.

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.

Protection

of purchas-

ing power

of pension.

Review of basic

rates of pension.

Revision of

basic ratea

of pension.

Consideration of

Individual cases

by Pensioners'

Advisory Com-

mittee.

Arrears of

increase in

pension to

be admissi-

ble in

cer-

tain cases.

Rate of fa-

mily pension.

Payment of

Pension.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

261

THE SCHEDULE

(See section 2)

Year of

retirement

1952 or

earlier

•933

"954

1955

1956

1957

1958

'959

i960

1961

196a

1963

1964

1963

Multiplier

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.

a- 95 times

2 • 90 times

a • 85 times

a • 80 times

2" 7 3 times

2- 70 timei

2 • 65 times

2-Go times

a 55 times

a- 50 timci

a' 45 timoi

a-40 time*

a-35 timci

Do.

Lw.

Do.

Do.

Do,

Do.

Year of

retirement

1966

(967

1968

1969

1970

1973

'973

197*

'973

1976

1977

(upto 30-8-77 )

(from

1-9-77)

«978

1979

(up to 31-3-79)

Multiplier

a • 30 times

a' 25 times

2 • 20 timej

a-15 times

2* 10 times

a • 05 times

9- 00 times

i- 50 times

1 • 50 times

t' jo times

1 • 50 times

1-30 tirnM

1' 30 times

i' 30 time*

(from 1-4-79) current pension

1980

current peniion

1981 ai before

198a

as before

1983-84 10 before.

Do.

DO'

Do-

DD.

Do,

Do.

Do.

Do.

a^6a

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

263

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.

.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 NEW

DELHI AND PUBLISHED BY THE CONTROLLER OF

PUBLICATIONS, DELHI,

1&81