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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 58] NEW DELHI, FRIDAY, NOVEMBER 5, 1982/KARTIKA 14, 1904

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 5th Novem-

ber, 1982: —

BILL NO. 96 OF 1982

A Bill to provide for the creation of public trusts for the management of

properties of temples, "muths" and other institutions devoted to

religious purposes.

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

of India as follows:—

1. (1) This Act may be called the Management of Properties of

Temples, Muths and other Religious Institutions Act, 1982.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government

Short title, ex- tent and com- mence- ment.

may, by notification in the Official Gazette, appoint.

2. A public trust shall be set up for the management of every temple "muth" or other institution devoted to religious purposes and all pro- perties belonging to such institution shall vest in that trust.

Trusts to be set up for insti- tutions devoted to reli- gious pur- poses.

3. After the commencement of this Act, private trusts already func- tioning for the management of temples, "muths" and other institutions devoted to religious purposes shall be converted into public trusts.

Private trusts to be con- verted into public trusts.

4. A Trust Committee shall be set u/p for every trust formed under sections 2 and 3 to look after the affairs of the respective temple, "muth" or other institution devoted to religious purposes, and to manage its finances.

Trust Committee to be formed for each Trust.

5. No priest or other person in the service of a temple, "muth" or other institution devoted to religious purposes shall enjoy any exclusive right in the properties belonging to such temple, "muth" or other institution devoted to religious purposes.

No priest to have exclusive rights in the pro- perties of Institu- tions devoted to religious purposes.

6. The priests and other persons attached to temples, "muths" and other institutions devoted to religious purposes shall be only paid em- ployees of the respective trust and they shall not enjoy any hereditary rights in the properties of such temples, or "muths" and other institution devoted to religious purposes.

Priests and other person^ serving re- ligious institu- tions to be paid employees only.

7. The Trust Committee shall decide the number of priests to be en- gaged for the respective temple, "muth" or other institution devoted to religious purposes.

Number of priests to be fix- ed by the Trust Com- mittee f°r each temple, muth, etc.

Existing Central and State laws to continue to be in forct.

8. Existing Central or State laws, if any, (passed for the management of the properties of places of worship and other religious institutions of any individual communities or for setting up of trusts or boards for re- gulating the management of the properties of such (places of worship-and other religious institutions shall continue to be in operatioa to the.ex- tent to which the provisions of such existing laws are not repugnant to the provisions of this Act.

!). Notwithstanding the provisions of this Act, the existing arrange- ments for the management of the (properties of places of worship or ottwr religious institution may continue to operate if their yield does not exewd rupees ten thousand per year.

Existing arrange- ments to con- tinue if the annual yield o'f proper- ties of a place of worship, etc. does not ex- ceed Rs. 10,000 per y"er.

Each Trust to have an executive officer.

10. The executive power to manage the affairs of a trust formed under this Act shall vest in an officer of the trust appointed by the Govern- ment, who shall implement the (policies laid down by the Trust Com- mittee and the Government from time to time in respect of such trust.

11. The Central Government shall cause the annual auditing of the accounts of the trusts, set up under the provisions of this Act, by auditors -duly appointed by that Government, and the remuneration to the auditors shall be payable by the trust at a rate prescribed by the Government.

Trust to be audited by Govern- ment ap- pointed auditors.

12. The Central Government shall make rules for carrying out the

Jjwrposas of this Act,

Power to make rules

STATEMENT OF OBJECTS ANT> REASONS

At present, a large number of temples, "muths" and other places of worship are managed by private trusts and their funds are misappro- priated in various ways. In the case of some temples and "muths" there are no trusts at all, private or public, and the priests are all in all for their management.

The temple priests and heads of the "muths" in most cases enjoy unchecked and exclusive rights in the properties of those institutions and divert their funds to their own selfish ends. In the case of some temples and 'muths', the priests arc like zamindars enjoying unbridled rights over vast temple or muth estates and are exploiting the interests of other persons in the service of those temples.

Some places, though ostensibly intended to be places of worship and other religious activity, sometimes tend to be centres of anti-social ac- tivities, because of the money power wielded by their priests; and the purposes for which they have been created are totally ignored.

It is high time that the affairs of the temples, "muths" and other places of religious activity should be brought under the purview of pub- lic trusts and their accounts duly audited, by Government appointed auditors.

Hence this Bill.

NEW DELHI; RANJIT SINGH

April 26, 1982.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 11 of the Bill provides for prescribing by the Central Govr eminent the rate of remuneration payable to an auditor. Clause 12 empowers the Government to frame rules for carrying out the purposes of the Act. As the rules will relate to matters of detail only, the delegation of power is of a normal nature.

BILL NO. 101 OF 1982

A Bill further to amend the Land Acquisition Act, 1894.

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

of India as follows:—

1. This Act may be called the Land Acquisition (Amendment) Act, Short titlt.

1982.

lof 1894 Amend- ment of section 4.

2. In section 4 of Land Acquisition Act, 1894 (hereinafter referred to as the principal Act), in sub-section (1), the following proviso jib.-all be added, namely: —

"Provided that no such notification shall be issued unless the appro- priate Government has formulated a scheme for the immediate utilisa- tion of land for a particular purpose, for which it is likely to be needed.".

3. In section 6 of the principal Act,—

Amend- ment "t section 6.

(i) in sub-section (I),- —

(a) the first proviso shall be omitted; and

(b) in the second proviso, the word "further" shall be omitted;

(ii) after sub-section (3), the following sub-section shall ba inserted and shall be deemed to have been inserted with effect from 1 January 1957, namely: —

"(4) Notwithstanding anything contained in this Act, where the acquisition of any particular land covered by a decla- ration under sub-section (1) of this section, is not completed (including payment of compensation to the owner) within one year from the publication of notification under section 4, sub- section (1), or the" land so acquired has not been utilised for the particular purpose for which it was acquired within three years from its acquisition then—

(a) if no compensation has been paid or offered to the owner for such land and the land has not vested in thtt Government, the Government shall be deemed to have with? drawn from its acquisition; and

(b) if the land has vested in the Government but the same has not been utilised for the particular purpose for which it was acquired, within three years from its acquisi- tion, the same shall be deemed to have been re-vested In the owner on refund by the owner of the amount of com- pensation, if any, received by him together with any Interest received by him.".

4, In. section 23 of the principal Act,—

Amend-

ment of

•ection

3B.

(i) in sub-section (1), the following proviso shall be added at the end and shall be deemed to have been added with effect from 1 January 1957, namely: —

"Provided that in ,iH cases of acquisition, after 1057 and prior to. the commencement of the Land Acquisition (Amendment) Act, 1982, where the Collector's award under Sectoin 11 has heen made after two years of the notification under section 4, sub-section (1), the market-value of the land at the date of making such award shall be taken into consideration instead of the market-value at the dale of such notification.";

(ii) in sub-section (2), for the words "fifteen per centum", the words "twenty-five per centum" shall he substituted and shall he deemed to have heen substituted with effect from 1 January, 1957.

Amend- ment of section 34.

5.4 In section 34 of the principal Act, for the words "with interest thereon at the rate of six per centum", the words "with compound in- terest thereon at the rate of twelve per centum" shall he substituted and shall be deemed to have heen substituted with effect from 1 January 1M7.

STATEMENT OF OBJECTS AND REASONS

Even since the enactment of the Land Acquisition Act, 1894, a farmer had to part with his land declared to be needed for a public purpose. Previously, however, the demands on agricultural land were few and far between. But in the last three decades, when planned development of big towns and their expansion wag taken up by the Government, this Act was used for acquiring vast areas of land on a large scale. This resulted in a big gap, ranging from five to twenty years, between the date of notification under section 4, which is the determining date for the market value of the land, and the actual acquisition of the land. This virtually amounted to freezing of the prices of land of villagers for uae of the better off people, which is totally unjustified.

An attempt was made in 1967 to reduce this gap by enacting the Land Acquisition (Amendment and Validation) Act, 1967, wherein a provision was made that as regards lands notified for acquisition under Section 4 of the Act prior to the commencement of the Land Acquisition (Amend- ment and Validation) Ordinance, 1967, no declaration shall be made after the expiry of two years from the commencement of the said Ordin- ance and as respective lands notified for acquisition under section i. after the commencement of the said Ordinance no declaration shall be made after the expiry of three years from the publication of such noti- fication under section 4, This was done to ensure that the land acquisi- tion proceedings do not linger on for unduly long time and thereby mitigate the hardships suffered by the landowners due to the freezing of their lands for a long period without completion of the acquisition proceedings. However, in actual practice it has been seen that this provision has not brought the intended relief to the landowners and the object is being defeated by circumventing the provisions by issuing declarations within the prescribed period of two or three years respec- tively and thereafter sleeping over the matter without any further follow up action.

It has also been noticed that lands have been notified for acquisition without prior formulation of a proper scheme for its utilisation within a time bound schedule.

The rate of interest of six per centum payable on delayed payments Of compensation prescribed in the Act is too low while the actual interest rate prevailing in the market has increased many fold. The rate of solatium also needs to be reviewed. There has been discussions in the Parliament not only to amend the Act for dispensation of justice to the villagers but also for amending the Act with retrospective effect so that the glaring cases of injustice could be compensated.

It is, therefore, desirable that the Act should be so amended as to ensure the following: —

(a) No notification under section 4 be issued unless the appro- priate Government has formulated a scheme for the immediate utilization of the land for the particular purpose for which it Is likely to be needed;

(b) The acquisition proceedings (including the payment of compensation to the owner) should be duly completed within one year from the publication of the notification under section 4 (1);

(c) The acquired land should be duly utilised for the particular purpose for which it is acquired within three years from its acquisi- tion and if it is not so utilised it should revert to the owner on refund of the amount of compensation received by him alongwith interest at the rate at which government has paid it to the owner;

(d) In all cases of acquisition from 1957, when acquisition o!f

land for planned development began, where the Collector's award was made after two years of the notification under section 4, sub- section (1), the determining date for market-value should be the date of the award and not the date of notification under section 4 (1);

(e) rate of interest for delayed payments should be raised to twelve per centum compound interest instead of six per centum simple interest as at present;

(f) The rate of solatium should be raised from fifteen per

centum over the market value to twenty five per centum.

The Bill seeks to achieve the above objectives.

NEW DELHI; GEORGE FERNANDE&

June 3, 1982

FINANCIAL MEMORANDUM

Clause 4(i) of the Bill provides that in all cases of acquisition of land where Collector's award of compensation has been made after two years of the notification for acquisition of land, the market-value of the land shall be taken to be the market-value of the land on the date of making of such award of compensation. Clause 4(ii) provides for In- creasing the solatium from fifteen per centum to twenty-five per centum of the market-value of the land. Clause 5 provides for the payment of compound interest at the rate of twelve per centum per annum on the amount of compensation awarded from the time of taking possession of land by the Collector until the amount of compensation has been paid or deposited. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees two crores per annum.

No non-recurring expenditure is likely to be Involved.

BILL NO. 137 OF 1982

A Bill to provide for cattle insurance in the country.

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

of India as follows: —

1. (1) This Act may be called the Cattle Insurance Act, 1982.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government

Short title, extent and com_ mence- ment.

may, by notification in the Official Gazette, appoint.

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

Defl- nitiona (a) "cattle insurance" means insurance for the cattle;

(b) "Corporation" means the General Insurance Corporation of India established under the General Insurance Business (Nationali- sation) Act, 1972;

57 of 1972

(c) "Government" means the Central Government;

(d) "insured party" mean? any owner of cattle covered by the insurance contract.

3. The General Insurance Corporation of India shall undertake the

business of cattle insurance,

Cattle insurance by Gene- ral insu- rance Corpora- tion.

4. In the General Insurance Business (Nationalisation) Act, 1972, after

section 18, the following new section shall be inserted, namely:—

Amend- ment of Act 57 of 1972.

"18A. Subject to the provisions of this Act, and the rules, if any, made by the Central Government in this behalf, it shall also be the duty of the Corporation to—

(a) carry on cattle insurance of the cattle, including calves,

against—

Func- tions o* the Cor- poration regard- ing cattle insurance.

(i) death due to disease, accident or natural calamity;

(ii) death due to exhaustion caused by climatologlcal phe- nomena or by agricultural chemicals affecting grazing land or by drought or by such diseases and risks as may arise as a result of animal health measures prescribed by the appropriate authorities;

(Ui) death during transportation of cattle to cattle show;

(iv) disease;

(v) breaking of limbs;

(w) loss or diminution of the specific function of the cattle

for which they are kept or maintained by the insured party;

(b) provide veterinary services and medicines to the insured cattle and reimburse the insured party under the terms of the policy of cattle insurance for all expenses incurred by him in caring for his cattle whenever timely provision of such services is not possible by the Corporation;

(c) provide finances for cattle insurance.'.

5. Cattle insurance may be contracted by a person on his own behalf or on behalf of a third party but in case of doubt it shall be assumed that the person applying for insurance is acting on his own behalf.

Persona who can contract cattle in- surance.

6. (1) In contracts for cattle insurance indemnity cover shall com- mence on the date on which the application was submitted, and the Corporation shall be at liberty to carry out such inspections as it deems appropriate.

Insurance contract when to com- mence.

(2) The duration of the contract shall be for a minimum of one year

and shall terminate on the date indicated in the policy.

\tent

\ndem-

7. Indemnity cover under cattle insurance shall extend to the market value of the animal on the date of commencement of the contract and this value may increase under the terms of the policy of insurance which shall be in accordance with the general rules made by the Government in this behalf.

Premiums.

8. (]) The premiums to be charged by the Corporation for cattle in- surance shall be so determined as to be sufficient to constitute the reserves required to cover the risks insured in the light of the respective aclurial compensations, account being taken of the general characteristics of the risks to be insured.

(2) The Corporation shall have the power to revise the rates of pre-

mium under the terms of the policy of insurance.

Adminis- trative costs.

9. The Corporation shall determine the minimum percentage of pre- mium revenue which may be allocated to meet the administrative costs of undertaking the business of cattle insurance and the items which may be included to constitute such costs.

10. Any person applying for cattle insurance and any insured party

shall have the following obligations namely: —

obligations ol the Insured party.

(i) to furnish in the application truthful information with a view to facilitating the negotiation of the insurance contract and the appreciation of the risks;

(ii) to allow the personnel of the Corporation to inspect to its entire satisfaction the assets to be covered by the insurance contract;

(Hi) to do everything in his power to prevent or attenuate the loss and to comply with the instructions of the Corporation for this purpose;

(iv) to pay premium within 15 working days following the date

on which the policy is reviewed.

11. Failure to comply with the obligations provided for in section 10 shall be a cause for the annulment or rescinding of the policy of insurance and the total or partial forfeiture of the indemnity as may be prescribed by the regulations.

Annul- ment, etc. of policy of Insu- rance

12. The Corporation shall be free from any obligation to the insured

party in the following circumstances, namely: —

(i) on the occurrence of an event other than those covered under

the contract of insurance;

(ii) if the Corporation has evidence that the insured party had furnished false information at the time of submitting application for insurance;

Corpora- tion to be free from ob- ligation in cer- tain cir- cumstan- ces.

(in) if the damage could have been avoided or is considered to have occurred as a result of any act or omission of the insured party; (w) if the damage is the result of an aggravation of the risk due

to any act of the insured party; and

(v) if the aggravation of the risk was due to a third party but the insured party is found not to have taken the necessary steps to prevent it either personally or by informing the Corporation or the competent authority.

13. The insured party shall have the following rights, namely: —

Rigiita oi the in- jured party.

(i) to be supplied with correct and timely information as to the conditions, requirements and formalities of the respective types of insurance to be fulfilled by the insured party;

(ii) to be supplied punctually with the policy containing the

terms and conditions of insurance;

(Hi) to furnish evidence at his disposal of the occurrence of any

cohere event;

(iv) in the event of omission or non-performance by the Corpo- ration, to appeal to the competent authorities to give evidence of any adverse event under the terms of regulations;

(v) to be paid any appropriate indemnity under the provisions

of the Act and the rules or regulations made thereunder; and

(vi) such other rights as may be prescribed) by the rules or regu- lations to be made under this Act, the relevant policy and provisions of any other law applicable.

14. (1) In the case of cattle insurance, disease shall be deemed to be present from the moment the symptoms of the disease in question appear and the Corporation is satisfied that the pathological condition subsists.

(2) The risk of loss of specific function or of the capacity for production Disease or loss of specific function, when to be deem- ed to be

present.

or re-production, whether totally or permanently, shall be deemed to have occurred from the moment the symptoms of loss in question appear and such circumstances are demonstrated to the satisfaction of the Corpo- ration.

Extent of compensa- tion.

15. (1) Compensation shall be determined in accordance with the terms of the policy, and in no circumstances the compensation shall exceed the indemnity cover provided for in the policy taken out for the insurance.

(2) The procedure for calculation of compensation shall be such as laid down in the policy itself, and the insured party shall have the right to participate in the adjustment procedure.

Time limit for payment of com- pensa- tion.

16. (1) Within twenty working days following the date on which the report recording the damage is drawn up, the Corporation shall notify to the insured party whether it agrees or refuses to pay compensation, together with the reasons supporting the decision either way and shall, within fifteen working days following the date on which the insured party- presents the final statement in sufficient detail, pay the relevant compen- sation.

(2) If the Corporation fails to make payment of compensation within the time limits provided for, it shall pay interest on the amount of the compensation remaining unpaid.

(3) Inspections, if any, necessarv to be carried out in the case of an

adverse event, shall be carried out by the Corporation within the time limit prescribed by regulations made under the Act and applicable in the respective cases.

17. The Corporation shall establish the following technical reserves,

namely: —

Establish- ment of reserves.

(i) reserve for current risks; (ii) reserve for obligations pending; (in) reserve for contingencies; and (iv) such other reserves as the Government may by rules pres-

cribe.

18. The Corporation shall publish an annual statement showing the financial position and a statement showing operational results relating to cattle insurance.

Annual state- ment etc, of cattle

insurance.

STATEMENT OF OBJECTS AND REASONS

There is no provision for cattle insurance in our country so far except for the milch animals for which the loans are given by the banks if the loanees are willing to take it.

The price of cattle has gone up very high. With the development of dairy farming and with the introduction of the system of insemination and the growth of cross-breed milch animals the cost of such animals has grown very high.

Under the rural integrated development programme, even the poor people, Scheduled Castes and Scheduled Tribes are owning the milch animals costing Rs. 3000 to Rs. 5000. If the animals die of any disease they are not able to bear the loss and they are ruined economically.

It has, therefore, become necessary to bring the Cattle Insurance Bill.

P. RAJAGOPAL NAIDU NEW DELHI; September 16, 1982.

BILL NO. 138 OF 1982

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

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

of India as follows:-—

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

(Amendment) Act, 1982.

2 Section 16A of the Prevention of Food Adulteration Act, 37 of 1954.

Insertion of section 18 A.

1954 (hereinafter referred to as the principal Act), shall be renum- bered as section 16B and before the section as so renumbered, the following new section shall be inserted, namely: —

"16A. Notwithstanding anything contained in section 16, the court may, for, reasons to be recorded In writing, give lesser punishment than the minimum prescribed in case of offences of selling, distributing or storing of articles of food by retailers, which prove to be adulterated but do not prove to be injurious to health.".

Power of court to give lesser punish- ment in certain case*

Amend- ment of section 17.

3. In section 17 of the prinicpal Act, in sub-section (4), for part (a) of the Explanation, the following shall be substituted, namely —

' (a) "company" means and includes any body corporate, a firm or other association of individuals or any establishment lun by the Government dealing in articles of food;'.

4. In section 20 of the principal Act,—

(i) sub-section (1) shall be omitted;

Amend- ment of section 20.

(ii) sub-sections (2) and (3) shall be renumbered as sub-

uctions (1) and (2) respectively thereof.

6, In section 20A of the princ'pal Act, for the words "the court

may,", the words "the couit shall," shall be substituted.

Amend- ment of section 20A.

STATEMENT OF OBJECTS AND REASONS

At present, if a person is convicted under any of the provisions Of the Prevention of Food Adulteration Act, 1954, a minimum sentence of six months imprisonment has to be awarded. This provision was made in order to deter those who indulge in adulteration of articles of food. But in many cases and especially petty traders, who do business In villages, are very much harassed because of this provision. In some ceses for no fault of such petty traders but because of provisions of law, such traders are convicted and no option is left to Judges but to send them to jail for a period of six months, This Bill seeks to give a discretion to Judges to give lesser punishment in cases where the article is proved to be adulterated but not injurious to health. There are some articles of food which get spoiled due to atmospheric changes and such articles are included in the definition of the word 'adulterated'. At least in such cases it is necessary to give discretion to Judges.

At present shops run by Government to deal in food articles are not covered by the piovisions of the Prevention of Food Adulteration Act, 1954. There is no reason why such discrimination should be made. The Act should be made applicable to shops run by Government also and hence it has become necessary to expand the scope of the definition of the word 'company'.

Hence this Bill.

NEW DELHI; BAPUSAHEB PARULEKAR

September 25, 1982.

BILL NO. 143 OF 1982

A Bill juriher to amend the Indian Penal Code, the Prevention of Corrup-

tion Act, 1947 and the Code 0/ Criminal Procedure, 1973.

BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows; —

1. This Act may be called the Criminal Laws (Amendment) Act, 1982. Short title.

Amendment of Indian Penal Code

2. In the Indian Penal Code, in section 21, after clause Twelfth, the 46 of 1860.

following new clause shall be inserted, namely: —

Amend- ment of section 21.

"Thirteenth.—All elected and nominated representatives to Parliament, State Legislatures, Corporations, Zilla Parishads, Panchayat Samities, Gram Panchayats and to all Local and Public Bodies and Public Undertakings.".

Amendment of the Prevention of Corruption Act, 1947

3. In section 5¹ of the Prevention of Corruption Act, 1947,—

2 of 1947.

(i) for sub-section (2), the following sub-section shall be

Amend- ment of sectiqn 5.

substituted, namely: —

" (2) Any public servant who commits criminal misconduct shall be punished with imprisonment for life, and shall also be liable to fine;

Provided that the court may, for any special reasons recorded in writing, impose a lesser sentence of imprisonment but in no case such a sentence shall be less than seven years.";

(it) in sub-section (3),—

(a) for the words "one year" and "seven years", the words

"five years" and "ten years¹' respectively shall be substituted;

(5) the proviso shall be omitted;

(in) after sub-section (3B), the following new sub-section shall

be inserted, namely: —

" (3C) Where a public servant is convicted under clause (e) of sub-section (1), all property found to be disproportionate to his known sources of income shall be confiscated and the amount of fine imposed under sub-section (2) or sub-section (3) shall be independent of this amount.".

Amendment of the Code of Criminal Procedure, 1973

2 of 1974, 4. Section 197 of the Code of Criminal Procedure, 1973 (hereinafter

referred to as the principal Act) shall be omitted.

Omis- sion of section 197.

5. After section 229 of the principal Act, the following new section

.shall be inserted, namely: —

Insertion of section 229A.

Written state- ment.

"229A. If the accused does not plead guilty and claims to be tried, the Court shall direct him to file his written statement to the charge and disclose his defence:

Provided that his failure to obey the direction of the Court shall be made the subject of comment by the Prosecution or the Court and give rise to any presumption against him.".

6. In section 230 of the principal Act, the word and figure "section 229", the words and figure "and after the accused has filed his statement under section 229A" shall be inserted.

Amend- ment of section 230.

7. After section 241 of the principal Act, the following new section

shall be inserted, namely: —

Inser- tion of section 241 A.

Written stale- ment.

"241A. If the accused does not plead guilty and claims to be tried, the Court shall direct him to file his written statement to the charge and disclose his defence:

Provided that his failure to obey the direction of the Couit shall be made the subject of comment by the Prosecution or the Court and give rise to any presumption against him.".

8. In sub-section (I) of section 242 of the principal Act, after the word and figure "section 241", the words and figure "and after the accused has filed his statement under section 241A'* srtqll be inserted.

Amend- ment of section 242.

9. In section 246 of the principal Act,—

(1) after sub-section (3), the following new sub-section shall be

Amend- ment of sec ion 246.

inserted, namely: —

" (3A) If the accused does not plead guilty and claims to be tried the Court shall direct him to file his written statement to the charge and disclose his defence:

Provided that h's failure lo obey the direction of the Court shall be made .the subject of comment by the Prosecution or the Court and give rihe to any presumption against him.";

{'d) in sub-section (4), after the word and figure "sub-section (3)", the words and figure "and after the accused has filed his state- ment under sub-section (3A)" shall be in-sorted.

30. For section 272 of the principal Act, the following section shall be

substituted, namely: —

Substitu- tion of section 272.

Language of Courts.

"272. The language of each Court within the State, other than the High Court, shall be either the regional language of the State or Hindi.".

11. For section 314 of the principal Act, the following section shall be

substituted, namely: —

Substitu- tion of section 314.

"314. (1) Any party to a proceeding may, as soon as may be, after the close of his evidence shall subm't a memorandum to the court setting forth consisely and under distinct headings, the arguments in support of his case, and every such memorandum shall form part of the' record.

Memo- randum of argu- ments and oral argu- ments.

(2) A copy of every such memorandum shall be simultaneously

furnished to the opposite party.

(3) The Court may, if it is of opnion that the oral arguments are necessary, may ask the parties to address concise oral arguments nn ceitain points to seek clarification.

(4) If the parties have raised any new points in their oral arguments to which no reference hv. been m.ido in the written argu- ments, the parties qhoil have a r'ght to address oral arguments on those poin+s only,".

12. For section 315 of thp princ'pol Act, tho following section shall be substituted, namely: —

Substitu- tion of section 315.

Accused person lo give evidence.

"3115. (I) Any person accused of an offence before a criminal court, after his examination urni^r section 313 is recorded, shall offer himself as a witness nnd give evidence on oath in disproof rf the charges made againsl him or any person charged together w^th him at the same trial:

Provided that his failure to give evidence and explain circum- stances appearing in evidence agrnst him shall raise a presumption that he is guilty of the offence charged against him,

(2) Any person against whom proceedings are instituted In any criminal court under section 98, or section 107, or section 108, or section 109, or section 110 or under Chapter IX or under Part B, Part C or Part D of Chapter X, shall give evidence in the proceed- ings In disproof of the allegations made against him or against any other person proceeded against together with him at the same inquiry:

Provided that his failure to give evidence and explain circum- stances appearing against him shall raise presumption that he is guilty of allegations made against him:

Provided further that the court at the time of cross-examination of the accused shall see that he is not compelled in terms to admit the offence charged against him.".

13. In section 319 of the principal Act, in sub-sect'on (1), for the word

"may", the word "shall" shall be substituted.

Amend- ment of section B19.

14. The following proviso shall be added to section 375 of the principal

Act, namely: —

Amend- ment of section 375.

"Provided that the accused has not challenged his plea of guilt on the ground that the said plea was recorded wrongly, improperly, or because of misrepresentation.".

15. Section 376 of the principal Act shall be omitted.

Omis- sion of section 376.

lfi. In section 389 of th° principal Act, in sub-section (3), after the words "sentence of imprisonment", the words "and fine'' shall be inserted.

Amend- ment °i section

389.

STATEMENT OF OBJECTS AND REASONS

There is a persistent demand that provisions of the Prevention of Corruption Act, 1947 be made applicable to representatives of the people elected or nominated to local and public bodies and to public undertakings. Especially the provisions of section 5 (1) (e) of the Act which make the accumulation of property disproportionate to one's income a penal offence, arc not applicable to such class of represen- tatives as they are not public servants according to law. Hence it is neces- sary to expand the scope of the definition of public servant as given in sec- tion 21 of the Indian Penal Code by including such representatives in the definition.

In order to eradicate the evil of corruption it is necessary to make the punishment more deterrent. Maximum punishment provided under section 5 of the Prevention of Corruption Act is only 7 years and powers have been given to court to award lesser punishment of not lesa than one year. If decisions of court cases under the Prevention of Corrup- tion Act are taken, it would be seen that invariably in many cases the judges give punishment of one year's rigorous imprisonment and in very few cases punishment of more than one year is given. In order to prevent this abuse of law and in order to punish corrupt public servants it Is necessary to prescribe life sentence to such offenders and give discretion to judges to give lesser sentence in certain given circum- stances and that too not below seven years. In order to achieve these objectives amendment is sought to section 5 of the Prevention of Corrup- tion Act.

In case of conviction under section 5 (1) (e) of the Prevention of Corruption Act accumulation of property disproportionate to income is made penal. But there is no provision directly for confiscation of ill- got property. The result Is that after the person cornea out after under- going the jail term, he very well leads a good life with this ill-got money. It is therefore necessary to have a direct provision in law to confiscate all such property.

Section 197 of Criminal Procedure Code safeguards the interest of public servants from prosecution. This provision can be misused. Even if a prlma fade case is made, sanctioning authorities refuse to give permission to prosecute for more than one reason. Apart from the fact that this is a discretionary provision, it is unjust also. It is said that this provision is introduced to check frivolous prosecutions against public servants. There are various provisions in law to check the frivolous prosecution. Time has come to put an end to this provision of law which British rulers introduced' to protect their own men.

Under the present law the accused has a right to be tight Hpped till the entire evidence of prosecution is over. The prosecution remains in

the dark til] last moment as to what is the defence of the accused. To meet all possible defences of accused the prosecution has to lead voluminous evidence which is unnecessary. If the accused are made to disclose their general defence immediately after the charge is framed, much of the evidence of prosecution can be curtailed, time can be saved and expenses curtailed.

Under the present system of law the accused has a right to cross examine the complainant in order to find out the truth. But this right is denied to complainant. If accused is made to enter the witness box, it would assist the court in reaching a proper conclusion and it would do justice to the complaint. Such provisions are prevalent under European jurisprudence. Time has come to change our legal system and doing GO it is necessary to amend section 315 of Criminal Procedure Code.

Hence the Bill.

NEW DELHI; BAPUSAHEB PARULEKAR

September 25, 1982.

BILL N O. 139 OF 1982

A Bill to provide for eQual sharing of ancestral property among the boys

and the girls.

BE it enacted by Parliament in the Thirty-third Year of the Republic >f India as follows:—

1. (1) This Act may be called the Equal Sharing of Ancestral Property Act, 1982.

(2) It shall extend to the whole of India.

Short

title, ex-

tent and

commence-

ment.

(3) It shall come into force at once.

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

Defini-

tions.

(a) "ancestral property" means property of the ancestors;

(b) "parents" means father and/or mother.

3. Notwithstanding anything contained in any other law for the time being in force, the girls shall have e_qual share alongwith the boys in the ancestral property possessed by the parents.

Equal

share to

girls and

boys In

the ances-

tral pro-

perty.

STATEMENT OF OBJECTS AND REASONS

There is no equal share for the girls with the boys in the ancestral property of the family. This is causing many difficulties to the girls.

The evil of dowry system is resulting in atrocities committed against the women in the houses of their in-Laws. It is due ,to the fact that the girls are not having any share in the property of the family except in the share which comes to their parents that too after their death. As a resullt they will not usually get property and the father or the brothers of the girls may no,t give enough cash cr land or other property which will satisfy their husbands or the parents of their husbands. This is resulting in the ill-treatment of the girls. If the girls have equal share as boys in .their ancestrali property then this evil will be reduced to the minimum.

Hence this Bill.

NEW DILHI;

October 4, 1982. P. RAJAGOPAL NAIDU

BILL NO. 140 or 1982

A Bill further to amend the Land Acquisition Act, 1894.

BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows: —

1. (1) This Act may be called the Land-Acquisition (Amendment) Act, 1982.

(2) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint.

Short

title

and

commence-

ment.

1 of 1894.

Amend-

ment of

section 3.

2. In section 3 of the Land Acquisition Act, 1894 (hereinafter re- ferred to as the principal Act), in clause Cf), the following shall b" added at the end, namely: —

"Includes acquisition of a building for the cooperative housing society of the occupants thereof; and".

3. In the principal Act, after Part VI, the following Part fthall bu inserted, namely: —

Insertion

of Part

YI+A.

"Part VI—A

ACQUISITION OF BUILDINGS FOH COOPERATIVE SodTKrmi OF mm OccupAiPts

37A. Notwithstanding anything contained in this Act, the pro- visions of this Part shall apply to the acquisition of buildings situated in cities having a population of not less than one lakh.

Ap"Ue""

tlon"t

this

Part.

37B. In this Part, unless the context otherwise requires—

Definitions appli- cable to Part VI-A.

(a) "building" means a house owned by a landlord, the whole or a major portion of the carpet area of which is divided into not less than five tenements which are used for residential purposes and includes land underneath and appurtenant thereto;

(b) ""'date of construction of building" means the date on which the completion certificate of the building was granted by the appropriate local authority, originally;

Explanation:—The date or dates on which additions, altera- tions and/or renovations to the building were made subsequently shall be disregarded.

(c) "encumbrance" means a right to or interest in a build- ing or any part thereof and includes a claim by way of lien, lease, charge, mortgage, or otherwise whatsoever;

(d) "landlord" means the legal owner of a building who is entitled to recover its rent on his own account and includes a joint family, a firm, a company, a society, a trust, a group of persons or otherwise by whatsoever name called, but does not includes—

(i) a co-operative housing society, or a company formed, registered or incorporated under the appropriate law, with the object of owning the building or tenements therein by the occupants thereof;

(ii) a public trust;

(lii) a local authority;

(iu) a Government company, corporation or underta- king;

(v) the Government; and

(ui) any other body specifically declared by the appro- priate Government in the prescribed manner;

(e) "net average monthly income of building" means seven per cent of tho balance of the total amount of rent received/ or receivable by the landlord from the occupants of the build- ing during the calendar year immediately preceding the year in which the notice under section 37E of this Act is served on the landlord, left after deducting therefrom the total charges re- covered or recoverable by the landlord on account of special services such as electricity, water, taxes, cesses, duties and all other liabilities and outgoings payable or paid by the landlord to the local authorities, appropriate Government and other public bodies during the said calendar year; and

"net average monthly income of a tenement" shall be construed acc"Jingly;

(f) "occupant" means the person who is in actual Lawful possession of the tenement on 2 October, 1982:

Provided that he is—

(i) a tenant; or

(ii) a landlord, if he occupies a tenement in the build- Ing; or

(i") a person otherwise protected under the appro- priate law to use and occupy the tenement on his own ac- count;

(g) "prescribed" means prescribed by rules made under this Act; '

(h) "society" means a cooperative housing society formed under provisions of this Part;

(i) "tenant" means a person by whom or on whose account the rent of the tenement is payable and includes a member of his family, his heir, lawful sub-tenant, transferee, or assignee, and a member of the family, heir or any of them;

(j) "tenement" means a part of a building consisting of a room or a group of rooms let or intended to be let or occupied as a separate unit.

Regis- tration of society.

37C. (1) At any time after ten years from the date of construc- tion of a building its occupants, not less than two-thirds of their total number and occupying a major portion of the carpet area of the build- ing, may apply in the prescribed form to the appropriate Government or to the authority appointed by the appropriate Government in the prescribed manner, for registration of their co-operative housing society.

(2) The landlord of the building, if he occupies tenement in the building, can become a member of the society.

(3) If an occupant, including the landlord, is not willing to join the society, it may, at its discretion., retain him as a tenant of the society, subject to such terms and conditions as may be determined by the society.

(4) For forming a society under this Part, the minimum number of members shall be five.

(5) On the receipt of the said application the appropriate Govern- ment or the said authority, as the case may be, shall register the said society as expeditiously as possible, within a period not exceeding six months.

Acquisi- tion of building. 37D, (1) On registration of the said society, the society shall apply in the prescribed form to the appropriate Government for the acquisition of the said building for the said society.

(2) On receipt of the said application, the appropriate Govern- ment shall acquire the said building for the said society.

Procedure for acqui- sition of build- ings.

37E. (1) Within thirty days from the receipt of the application for acquisition of a building as mentioned in section 37D, the appro- priate Government or the authority appointed by the appropriate Government in the prescribed manner, shall issue a written notice of intention to acquire the said building, in the prescribed form, to the landlord.

(2) The Landlord may, within twenty-one days from the receipt of the said notice, submit his objections to the acquisition of the said building.

(3) On the receipt of the landlord's objections or afte the expiry of the said period of twenty-one days, the landlord shall be heard in person or through a representative duly appointed by him, within a month.

(4) After the hearing of the objections or if the landlord does not choose to submit his objections, or does not appear to be heard in person or through his representatives after an expiry of one month and twenty-one days from the service of notices on the landlord under sub-section (1), the appropriate Government or the said authority, as the case may be shall pass an award in the prescribed form, at any time within a period of forty-two days and a copy of the award shall be served on the landlord and the society immediately.

Vesting of building.

37F. As soon as the award is passed the building shall, on the first day of the month next after the date of award, vest in the society free from all encumbrances subsisting thereon on the said day:

Provided that where the land underneath and appurtenant to the building belongs to a public trust or a local authority; or a Govern- ment company, corporation or undertaking, or the Government or any other body specifically declared by the Government in the prescribed manner, their title to the said land shall not be divested.

37G. (1) The price of a building shall be computed as follows: —

Price of build- ing.

Age of the Building Amount of price as

multiple of net

average monthly

income of the

building

(i) Not more than 12 years 100 times (ii) More than 12 years but not more than 20 years 90 times (lii) More than 20 years but not more than 30 years 75 times (iv) More than SO years but not more than 40 years 60 times (v) More than 40 years but not more than 50 years 50 times (vi) More than 50 years 40 times

Explanation.—Age of a building shall be counted from the date of construction of that building.

(2) Where the, land underneath and appurtenant to the building or any part thereof is held on lease for the construction of the build- ing, then—

(a) if the land belongs to a public trust, or a local authority, or a Government company, corporation Or undertaking, or the Government or any other body specifically declared by the Gov- ernment in the prescribed manner, tho price of the building without the land, shall be the amount computed under sub-section (1) of this section, reduced by ten times the annual rent under the said lease;

(b) if the land belong to any other person, the lessor's share

in the sail price of the building shall be—

(?) rupees ten per square metre;

or

(it) one-fifth of the said price of the building, if the building is more than thirty years old;

or

(in) on tenth of the said price of the building in other cases, whichever is less.

Mode 0* payment of price.

37H. The society shall pay to the landlord as price of the said building the amount fixed under section 37G, in the following manner: —

m (i) first instalment equal to twenty per cent, of the price, wifhin three months from the date on which the building vests in the society;

(ii) the balance of the price shall be paid to the landlord in eight equal annual instalments with interest at six per cent, per annum on the reducing balance.

dv) if the landlord fails to accept or is not available for receiving the instalments of Ihe price, the amounts of the said instalments shall be deposited with the authority passing the award.

Compen- sation lor encum- brance.

371. (1) If there is any encumbrance on the said building, both th? landlord and the person having an encumbrance in the said build- ing shall inform the appropriate Government or the authority appointed by the appropriate Government in the prescribed manner, on or before th<; expiry of three months from the date of vesting of the building in the society and in that event the instalments of the price of the said building shall be deposited w th the authority pass- ing the award who shall make the payment to the encumbrance and thai! pay the balance, if any, to the landlord.

(2) If the price of the building as computed under section 37G is less than the amount of encumbrance, the compensation for the en- cumbrance shall be equal to the said pr'ce and the entire amount of price shall bo paid to the encumbrancer.

37J. All encumbrances created after one month from the date of coming into force of the Land Acquisition (Amendment) Act, 1982, shall be void.

Subsequent encum- brances void.

37K. In case of default in payment of instalments of price of the building, the arrears shall be recovered by the Government as arrears of land revenue:

Default of pay- ment of price.

Provided that where the occupant member of the society is a salary earner, his employer shall, on request from the society, deduct the instalment of the contribution to be paid by the said occupant member to the society, from his salary every month and shall pay it to the society.

37L. The contribution to the price of the building by the occupant

member shall be as under: —

(a) the occupant of residential tenement shall pay in pro- portion equal to the net average monthly income of his tenement;

Contri- bution of members to the price of ths build- ing.

(b) the occupant of non-residential tenement shall pay in proportion equal to two-and-half times the net average income of his tenement.

Non- occu- pant to vacate.

37M. A person who is not an occupant shall vacate the tenement or any part thereof in his possession on or before the expiry of one year from the date of vesting of the building in the said society and in case of his failure to vacate, he shall be treated as a trespasser and shall be summarily evicted.

Settle- ment of dis- putes.

37N. All questions arising in the implementation of the provisions of this Part, after vesting of the building n the society, gjiall be treated as disputes involving th'j society and shall be dealt with and decided as such disputes under the law relating to cooperative socie- ties prevailing in the respective States or Union territories, irrespec- tive of the status of the parties and claims involved in the disputes.

Pending suits to be drop- ped.

370. All suits or other proceedings, including appeals and appli- cations and petitions tinder the constitution, for, eviction of occupants, except those on the ground of reasonable and bona fide requirement for personal use by the landlord pending before any Court, Tribunal or other authority shall be dropped,

37P. The society registered under this Part shall, except as other- wise provided under this Part, be governed by the law relating to cooperative housing societies prevailing in the States or Union terri- tories, as the case may be.

37Q. On vesting of the building in the society the rent restriction Acts prevailing in the respective States or Union territories shall not apply to such buildings.

Applica- tion of the law re- lating to coopera- tive societies- Certain Acts not to apply *° acquir- ed build- ings-

37R The provisions of this Part shall take effect notwithstand- ing anything contained in any other law for the time being in force.".

Over- riding effect of Part VI-A,

STATEMENT OF OBJECTS AND REASONS

The problem of housing has assumed an enormous proportion, especially in big cities. It is agitating the minds of economists, sociologists, politi- cians and administrators for long. The continued influx of people in the cities has made the problem more acute. It has resulted in the exploita- tion of the needy in all possible directions. In view of this, it did not any more remain a matter of private individual interest between the landlord and the tenant. It has assumed a great public importance and the Gov- ernment has to intervene to stop the inhuman exploitation and harassment of the tenant. Rent restriction laws were, therefore, required to be en- acted in almost all States.

These laws created new problems. The legal proceedings for fixation of "fair" or "standard" rent flooded the courts. As a counter measure by landlords, the number of eviction proceedings against the tenants did not lag behind. Avoidable disputes became inevitable causes of disturb- ing the peaceful relations between the landlord and the tenant.

The inflation and consequent reduction of value of rupee posed another problem before Governments with reference to fixed "fair" or "standard" rents. A new concept of "permitted increases" was required to be intro- duced. But, this measure did not satisfy the landlord.

Thus, both landlords and tenants did not care to maintain the house property properly. The house property is, as any other property, the nation's wealth and deserves full protection from waste and neglect.

Under these circumstances, the protection of house property has become a public purpose and demands an immediate attention. It is a matter of experience that, at present, the landlords are, by and large, mere collectors of unearned incomes of rent and they are not so much Interested in the proper up-keep, maintenance and preservation of their house property. It is also a reality that the occupants of a building who use the building for their own purpose are the real beneficiaries of this national wealth and it is in their interest that the building should be pro- perly protected and preserved. It is, therefore, expected that this can be done and achieved only if the occupants of a building understand their interest and come forward to take the responsibility. But the main hurdle in the process is the existence of the landlord on the scene. Avoidable disputes are created and litigations between the landlords and tenants are thrust upon and piled up in. Courts both civil and criminal. To avoid these disputes and litigations by which the nation's wealth as well as a lot of energy r money and time of both the citizens and courts are wasted, and to achieve the aforesaid objectives, it is necessary to remove the landlord from the scene by acquiring the building for the cooperative housing society of the occupants at a predetermined price.

This Bill seeks to achieve this objective.

A. T. PATIL NEW DELHI;

October 5, 1982

BILL No. 144 OF 1982

A Bill to provide jor the establishment and control oj National Parks and

for matters connected therewith.

BE it enacted by Parliament in the Thirty-third year of the Republic of India as follows: —

1. (I) This Act may be called the National Parks Act, 1982.

(2) It shall extend to whole of India.

(3) It shall come into force at once.

Short title, extent and conk' mence- ment.

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

Defini- tions.

(a) "Director General" means the Director-General of Wild Life and National Parks appointed under section 7;

(b) "Gazette" means the Gazette of India;

(c) "National Park" means a National Park established under section 3;

(d) "Officer" means the Director-General or any other person referred to in section 7.

3. (1) The State Government may on the request of the Central Government reserve any land in the State (including any marine area) for the purpose of a National Park under a name to be assigned to it by the Central Government.

Reser- vation of land and declara- tion of National Parks.

(2) After the land is so reserved by the State Government, the Central-Government may declare its intention to constitute such area as a National Park.

(3) The area so reserved shall be placed under the control of a National Park Committee established under section 6.

(4) The reservation of land under this section shall not be revoked except with the concurrence of the Minister concerned in writing.

(5) Any reservation of land under this section shall be notified in the Gazette and such notification shall—

(a) describe the reserved land;

(b) designate the authority having the control of the land BO reserved;

(c) be conclusive evidence that the land so described is reserved for the purpose of this Act.

4. (1) There shall be a National Parks Advisory Council which shall consist of the following member, namely:—

(a) a Chairman to be appointed by the Central Government;

Forma- tion of Advi- sory- Council

(b) one representative nominated by the State Government from each of the States in which there is a National Park or part thereof;

(c) the Director-General of Wild Life and National Parks;

(d) a representative of the Department of Planning and Develop- ment of the State;

(e) a representative of the Touirism Development Corporation, if any, of the State;

(f) a representative of the Department of Forest of the State;

(g) not more than five persons to be appointed by the Central Government.

(2) A member appointed under clause (a) or (g) of sub-section (I) fhall hold office for such period of time as the Central Government may tSecide and that Government may at any time remove him from office without assigning any reason therefor.

Function of Advi- sory- Council.

5. (/) The National Parks Advisory Council shall advise the Central Government on matters relating to the conservation, utilization, care of National Parks, declared as such by the Central Government, and such other matters as that Government may from time to time refer to it or on matters which it considers necessary on its own.

(2) Subject to regulations made under this Act, the Advisory Council shall determine its procedure at Its sittings.

for each National Park consisting of the following members, namely:—

(a) the Secretary of the Forest Department of each State within

which the National Park is situated;

Forma- tion of Com- mittee for each National Park.

(b) a representative each of such departments of the Govern- ment of the State as the Central Government may consider neces- sary to be represented;

(c) such other persons not exceeding three In -number as the Central Government may appoint and the provisions of sub-section (2) of section 4 shall apply mutatis mutandis in the case of an appointment under this clause.

(2) The Secretary of the Forest Department of the State shall be the Chairman of the Committee, but where a National Park is situated within two States or more, the Secretaries of Forest Departments of such States shall act as Chairman in rotation and, subject to regulations made under section 11, the Committee shall determine its procedure at its sittings.

(3) A Committee constituted -under this section shall be responsible for the conservation, utilization, care, control, management and develop- ment of National Park for which it is constituted and, In discharging its responsibility under this Act, the Committee shall act on such direc- tives as the National Parks Advisory Council may issue from time to time.

7. The Central Government shall, for purposes of this Act, appoint a Director-General of Wild Life and National Parks, and such other officers and employees as may be necessary.

Appoint- ment of Director- General, etc.

Func- tions of the Director- General.

8. (1) The Director-General and other officers appointed by the Central Government shall be responsible for the proper carrying out of the provisions of this Act and in so doing persons shall be referred to by the designation given to them tinder this Act.

(2) The Director-General shall have the general supervision and direction of all matters relating to National Parks.

(3) The Central Government may from time to time give the Directors-General directions of a general character and not inconsistent with the provisions of this Act as to the exercise of the powers conferred on, and the duties to be discharged by the Director-General under this Act and the Director^General shall give effect to all such directions.

Giving leases in National Parka.

9. (1) The State Government may with the concurrence of the Cen- tral Government lease or permit the use or occupation of any land within a National Park subject to such conditions and restrictions as it thinks fit to impose and for any of the following purposes only, namely: —

(a) the construction and maintenance of roads;

(b) the construction and maintenance of air strips;

(c) the construction and maintenance of dams and reservoirs;

(d) the construction and maintenance of hotels, rest • houses, dwelling houses, buildings and works of public utility, where the State Government considers any of these purposes to be necessary and in the interests of the development of the National Parks;

(e) mining or prospecting in accordance with the provisions of section 10. (2) Any land leased by the State Government or in respect of which any use or occupation has been permitted by the State Government under sub-section (1), shall continue to form part of National Park and the subject to the provisions of this Act, and of any regulations made thereunder save in so far may be set out in any condition or restric- ti.on imposed by the State Government under sub-section (J).

(3) Subject to this Act, any lease or permit to use or occupy land under this section shall be issued in accordance with the regulations hereafter provided.

(4) Save by virtue of any right conferred by or acquired under or in respect of any lease or permit under sub-section (1) or as otherwise In this Act provided, no person other than an officer may reside on, enter, use or occupy any land within and forming part of a National Park without the permission of the Director-General.

10. (1) Except as provided in sub-section (2) of this section, no mining Mining leases.

or prospecting operations shall be carried on within a National Park.

(2) If at any time the State Government has reason to believe that in a particular portion of a National Park a mineral deposit exists of such richness that it would be contrary to the interests of the State that it should not be mined, the State Government may with the concurrence of the Central Government issue, under the law relating to mining, licences to prospect that portion of the National Park and if necessary issue thereafter mining certificates or mining leases in respect of that portion of the National Park or of any part of that portion.

(3) Where any mining certificate or mining lease is used in respect of any land within a National Park, the holder of the certificate or the lease shall have such rights of passage, licences or other facilities as may be necessary for the practical exercise of the rights guaranteed by such certificate or lease.

(4) Notwithstanding anything in the law relating to mining, there shall be an implied condition in a mining certificate or mining lease issued pursuant to this section that any officer shall have such rights of entry into the land in respect of which a licence to prospect, a mining certificate or a mining lease has been issued as may be necessary in order that he may carry out the object of this Act in respect of such land of the National Park generally.

11. (1) The Central Government may make regulations, not inconsis- tent with this Act, as to any or all the following matters, namely: —

(a) the exclusion of members of public from certain areas within a National Park;

Power of Central Govern- ment to make regula- tions.

(b) the prohibition of the killing, maiming, trapping, capturing or impounding of any wild life within a National Park and the dis- posal of such wild lite killed, maimed, trapped, captured or impound- ed;

(c) the prohibition of such animals, as may be specified, from being taken into or remaining within a National Park;

(d) the burning and cutting of vegetation within a National Park;

(e) the disposal of wild life, vegetation or other things formed within a National Park;

Cf) the search of any person suspected of contravening any regulation made under this Act;

(g) the periods and times within which the public may have access to a National Park or any part thereof;

(h) the regulation of the conduct, obligation and duties of persons residing or travelling or camping in a National Park and the safety of persons visiting such Park and their liability for all reasonable expenses incurred in connection with searches to find persons who have become or are reasonably believed to have become lost therein;

(i) the fees'for the issue of permits to enter into or camps within a National Park, for the admission of vehicles into and the taking of photographs within a National Park or for the services connected with the use of enjoyment of a National Park;

(;) the protection, preservation and care of a National Park and of permanent works and works of maintenance and of facilities and amenities and of wild life, and regulation and features of science, and scientific or historical interest therein;

(h) the regulation of traffic and carriage of passengers within a National Park;

(I) the seizure and disposal of any vehicle, vessel, animal or other article or thing in respect of which there is a contravention of any regulation made under this Act;

(m) penalties in respect of the contravention of any regulation made under this Act;

(n) the construction and maintenance of hotels, rest houses, dwelling houses, buildings and works of public utility;

(o) the powers and duties of officers in relation to the carrying out of the provisions of this Act and regulations made thereunder;

(p) the procedure to be adopted by the National Parks Com- mittees at their meetings and the remuneration or allowances to be paid to members thereof;

(q) such other matters as the Central Government may consider necessary for the efficient control and management of a National Park or for the attainment of the object of its establishment.

(2) The Central Government may make different regulations under sub-section (I) of this section in respect of different National Parks.

STATEMENT OF OBJECTS AND REASONS

The object of the establishment of National Parks is the preservation and protection of wild life, plant life and objects of geological, archaeo- logical, historical and other scientific and scenic interest and through their conservation and utilization to promote the education, health, aesthetic values of recreation of the people.

p. RAJAGOPAL NAIDU NEW DELHI; October 5, 19-82.

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for the formation of a National Parks Advisory Council; clause 6 for formation of a Committee for each National Park; and clatise 7 for appointment of a Director-General of Wild life and National Parks and such other officers and employees as may be necessary. Payment of travelling allowance, etc. to members of the Advisory Council and National Park Committees, and salaries to Director-General and other officers is likely to involve an annual recur- ring expenditure of about Rs. 10 lakhs from the Consolidated Fund of India.

An amount of about Rs. 10 lakhs will also be involved from the Consolidated Fund of India towards non-recurring expenditure.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Under clause 10(1), State Government is empowered to prescribe conditions and restrictions to be imposed on leasing out land in National Parks. Under clause 11 the Central Government may make regulations for certain matters given under that section. Since the regulations to be made will provide for matters of detail only, the delegation of legis- lative power is of a normal character.

BILL N O. 141 OF 1&S2

A Bill, to provide for utilising revenue earned from forest produce for the

purpose of forestry.

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

of India as follows:—

1. (I) This Act may be called the Forest Revenue (Conservation) Act,

1982.

(2) It extends to whole of India.

Short title, extent and commen- cement.

(3) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint,

2. Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or any other authority appointed by it shall make any order for utilising net revenue earned from the forest produce for any purpose other than the forestry.

Revenue earned from for"3t produce to V* utilised for forestry

STATEMENT OF OBJECTS AND REASONS

Due to increase in population and forest based industries, the demand for various types of timber has increased 800 times more than t he out- put the present forests can give. The result is that deforestation has taken place on a large scale in the country and it has caused widespread concern.

The respective State Governments have failed to do required affore- station due to non allotment of required funds and utilising t he revenue earned from forest produce for other non-forestry purposes. For example in the year 1976 the n et revenue earned from forest produce was Rs. 1998.66 million while investment for Plan a nd development was Rs. 443,23 million and the balance amount was used for other purposes.

With a view to growing more forest, the revenue earned from forest produce should be conserved and utilised for forest development pur- poses only.

Hence this Bill.

N EW DELHI; G. NARSIMHA RBDDY

October 5, 1982.

AVTAR SINGH RIKHY.

Secretary

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