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. 41] NEW DELHI, TUESDAY, NOVEMBER 22, 1983/AGRAHAYANA 1905

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 22nd Novem- ber, 1983: —

BILL NO. 116 OF 1983

A Bill to provide for the establishment of Tribunals for the determination.

in a fair manner, of the question whether a person is an illegal migrant

to enable the Central Government to expel illegal migrants from

India and for matters connected therewith or incidental thereto.

WHEREAS a substantial number of the foreigners who migrated into India across the borders of the eastern and north-eastern regions of the country on and after the 25th clay of March, 1971, have, by taking advantage of the circumstances of such migration and their ethnic similarities and other connections with the people of India and without having in their possession any lawful authority so to " do, illegally remained in India;

AND WHEREAS the continuance of such foreigners in India is detri- mental to the interests of the public of India;

AND WHEREAS on account of the number of such foreigners and the manner in which such foreigners have clandestinely been trying to pass off as citizens of India and all other relevant circumstances, it 1B accessary for the protection of the citizens of India to make special pro- visions for the detection of such foreigners in Assam and also in any other

( 1 )

part of India in which such foreigners may be found to have remained illegally;

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

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Illegal Migrants (Determination by Tribunals) Act, 1§83.

(2) It extends to the whole of India.

Short

title, ex-

tent and

commence-

ment,

I

(3) It'shall be deemed to have come into force in the State of Assam on the 15th day of October, 3983 and in any other State on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States and references in this Act to the commencement of this Act shall be construed in relation to any State as references to the date of commence- ment of this Act in such State.

2. Nothing in this Act shall apply to or in relation to—

Appllci- tlon.

(a) any person who was In any State and who had been expelled from that State or India before the commencement of this Act in that Slate or in relation to whose expulsion from such State or India any order made before such commencement under any other law is in force;

(b) any person detected as a foreigner at the time of his entry across any border of India;

(c) any foreigner who, having entered into India under a valid pacsnn-t or travel document continued to remain therein after the expiry o] the period for which he was authorised to remain in India under such passport or travel document.

3. (7) In this Act, unless the context otherwise requires,—

Definitions

and cons-

truction of

references.

(a) "Appellate Tribunal" means an Appellate Tribunal estab- lished by the Central Government under sub-section (7) of section 15;

(b) "foreigner" has the same meaning as in the Foreigners Act,'

31 of 1949.

* 1946;

(c) "illegal migrant" means a person in respect of whom each of the following conditions is satisfied, namely: —

(i) he nas entered into India on or after the 25th day of March, 1971,

(ii) he is a foreigner,

(Hi) he has entered into India without being in possession of a valid passport or other travel document or any other lawful authority in that behalf;

(d) "notification" means a notification published in the Official

Gazette;

(e) "prescribed" means prescribed by rules made under this

Act;

(f) "Tribunal" means a Tribunal established by the Central

Government under sub-section (1) of section 5.

(2) Any reference in this Act to any law which is not in forco in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

100*1960.

Overrid- ing effect of the Act 4. (1) The provisions of this Act or of any rule or order made thereunder shall have effect notw thsta.iding anything contained in the Immigrants (Expulsion from Assam) Act, 1950 or any other enactment for the time being in force, or any rule or order made under any such enactment and in force for the time being.

10 of 1060.

(2) In particular and without prejudice to the generality of the provisions of sub-section (/), nothing in the proviso to section 2 of the Immigrants (Expulsion from Assam) Act, 1950 shall apply to or in relation to an illegal migrant as defined in clause (c) of sub-section (1) of section 3.

CHAPTER II

ESTABLISHMENT OF TRIBUNALS

S..(l) The Central Government may, by notification, establish, tor tne purposes of this Act, as many Illegal Migrants (Determination) iribunals as it may doom necessary and specify the principal place of sitting of, and the territorial limits within which, each such Tribunal snail exercise Its jurisdicton,

Establish- ment of Illegal Migrants (Determi- nation) Tribunals.

(2) No person shall be appointed as a member of any such Tribunal "Unless he is or has been a District Judge or an Additional District Judge

in any State.

(3) Each Tribunal shall consist of three members.

(4) On the establishment of a Tribunal, the Central Government shall

appoint one of the members thereof as the Chairman of such Tribunal.

(5) Each Tribunal shall sit in its principal place of sitting and in euch

other place or places as itg Chairman may, from time to time, appoint.

FTling of vacancies.

6. If, for any reason, any vacancy occurs in the office of the Chairman or any other member of a Tribunal, the Central Government may fill the vacancy by appointing any person who fulfils the qualifications specified in sub-section (2) of section 5, as the Chairman, or, as the case may be, member of such Tribunal.

7. The Central Government shall make available to every Tribunal such staff as may be necessary for the discharge of its functions under this Act.

Staff of th" Tribu- nal*.

31 of 1946.

Referen- ce;) or applica- tions to Tribunals.

8. (1) If any question arises as to whether any person is or is not an illegal migrant, the Central Government may, whether such question, has arisen on a representation made by such person against any order under the Foreigners Act, 1946 requiring him not to remain in India or to any other effect or has arisen in any other manner whatsoever, refer such question to a Tribunal for decision.

(2) Without prejudice to the power conferred on the Central Govern- ment by sub-section (7), any person may make an application to the Tribunal, for its decision, as to whether the person whose nam<3 and other particulars are given in the application, is or is not an illegal migrant:

Provided that no such application shall be entertained by the Tribunal unless the person in relation to whom the application is made is found, or resides, at a place within three kilometres from the place of residence of the applicant.

(3) Every application made under sub-section (2) shall be made in such form and in such manner as may be prescribed and shall be accompanied by affidavits sworn by not less than two persons residing within three kilometres of the area in which the person referred to, in the application is found, or residing, corroborating the averments made in the application, and shall also be accompanied by such fee, being not less than twenty-five, and not more than one hundred, rupees, as may be prescribed.

(4) Every reference under sub-section (1), and every application under sub-section (2), shall be made to the Tribunal within the terri- torial limits of whose jurisdiction the place of residence of the person named in such reference or application, as the case may be, is situated:

Provided that where the person named in such reference or appli- cation has no place of residence, the reference or application, as the case may be, shall be made to the Tribunal within the territorial limits of whose jurisdiction such person is found.

5 of 1908.

Powers of the Tri- bunal.

9. Every Tribunal shall have (the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: —

(a) summoning and enforcing the attendance of witnesses and examining them on oath;

(b) discovery and production of any document; (c) reception of evidence on affidavits;

(d) requisitioning of public records from any court or office; (c) issuing of any commission for the examination of witnesses.

Procedures with res- pect t" reference8 under sub- lection (1) of § ectlon 8.

10. On receipt of a reference under sub-section (1) of section 8, the Tribunal shall serve on the person named in such reference, a notice, accompanied by a copy of such reference, calling upon him to make, within a period of thirty days from the date of receipt of such notice, such representation with regard to the averments made in the reference, and to produce such evidence as he may think fit in support of hia defence:

Provided that if the Tribunal is satisfied that the person aforesaid was prevented by sufficient cause from making his representation and from producing evidence in support of his defence within the said period of thirty days, it may permit him to make his representation and to produce evidence in support of his defence, within such further period, not exceeding thirty days, as it may, by order, specify.

11. (1) On receipt of an application under sub-section (2) of section 8, the Tribunal s^U issue a notice, accompanied by a copy of the appli- cation, to the prescribed authority calling upon it to furnish, after making such inquiry as that authority may deem fit, a report to the Tribunal with regard to the averments made in the application,

(2) If, on a consideration of the report made by the prescribed authority, the Tribunal is satisfied that—

Procedure with ros- pect to applica- tions under sub- section (2) of sectioaS.

(a) the person named in the application is not an illegal migrant or that the application is frivolous or vexatious, or has not been made in good faith, the Tribunal shall, after giving the applicant an opportunity to be heard, reject the application;

(b) there arc reasonable grounds to believe that the person named in the application is an illegal migrant, the Tribunal shall issue a notice accompanied \)y a copy of the application, to the person named in the application, calling upon him to make, within thirty days from the date of receipt of the notice, such representation with regard to the averments made in the application and to produce such evidence as he may think fit in support of his defence:

Provided that if the Tribunal is satisfied that the person afore- said was prevented by sufficient cause from making his representation and from producing evidence in support of his defence within the said period of thirty da^s, it may permit him to make his representa- tion and to produce evidence in support of his defence, within such further period, not exceeding thirty days, as it may, by order, specify.

1?. (1) The Tribunal to which a reference has been made under sec- tion 8, or to which an application has been made under that section, shall, after taking such evidence as may be adduced before it and after making such inquiry as it may think fit and after hearing such persons as it may deem appropriate, by order, decide the question as to whether the person named in such reference or application, a3 the case may be, is or is not an illegal migrant:

Determi- nation of the ques- tion as to whether a person Is an illegal migrant.

Provided that where for the determination of such question in any case the decision on any issue renders any decision on any other issue or issues unnecessary, the Tribunal may not decide such other Issue or issues.

(2) Where the members of the Tribunal differ in their opinion on any point, the decision on such point shall be according to the opinion " of the majority of such members.

(3) The Tribunal shall send a copy of every order passed by it to the prescribed authority and to the parties to the reference, or the appli- cation, as the case may be.

(4) Every order passed under sub-section (1) shall, subject to the decision of the Appellate Tribunal, be final and shall not be called in question in any court.

13. Every reference made to a Tribunal under section 8 or application made to a Tribunal under that section shall be inquired into as expediti- ously as possible and every endeavour shall be made to conclude such inquiry within a period of six months from the date of the service, on the person concerned, of a copy of such reference or application,

Rcferenco "nd appli- cation to b" disposed of within six mon- ths.

AppeaL

14. The Central Government, or any person, named in a reference or an application under section 8, or any applicant under sub-section (2) of that section may, if it or he is not satisfied with any order made by a Tribunal under section 12, prefer an appeal to the Appellate Tribunal against such order.

15. (1) The Central Government may, by notification, establish for Appellate Tribunal. each State in which this Act is In force an Appellate Tribunal to be known as the Illegal Migrants (Determinationj) Appellate Tribunal few deciding appeals preferred under section 14 against orders made by Tri- bunals in the State and specify the principal place of sitting of such Appellate Tribunal.

(2) No person shall be appointed as a member of an Appellate Tri- bunal unless he is or has been a Judge of a High Court.

(3) An Appellate Tribunal shall consist of as many members, not being less than three and more than six, as the Central Government may think fit.

(4) The Central Government shall appoint one of the members of an Appellate Tribunal to be the President thereof.

(5) An Appellate Tribunal shall sit in its principal place of sitting or any such other place or places as the President thereof may, from time to time, appoint.

(6) The powers and functions of an Appellate Tribunal may be exercised and discharged by benches constituted by the President there- of from amongst the members thereof and each bench shall consist of not less than two members.

(7> The Central Government shall snake available to every Appeflate Tribunal such staff as may be necessary for the discharges ot its functions under this Act

(8) Every memorandum of appeal to an Appellate Tribunal shall be made in such form and in such manner as may be prescribed, and, in the case of an appeal preferred by an applicant under sub-section (2) of section 8, shall also be accompanied by such fee, not being less than twenty-five and more than one hundred rupees, as may be prescribed.

(9) Every appeal shall be preferred within thirty days from the date on which the order sought to be appealed against was communi- cated to the appellant:

Provided that the Appellate Tribunal may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period, admit an appeal after the expiry of the aforesaid period of thirty days.

3 P1190I.

(10) Every Appellate Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: —

(a) summoning and enforcing the attendance of witnesses and, examining them on oath;

(b) discovery and production of any document;

(c) reception of evidence on affidavits:

(d) requisitioning of public records from any court or office;

(e) issuing of any commission for the examination of witnesses.

Ordar of the Appel- late Tri- bunal.

16. (1) The Appellate Tribunal may, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it may think fit, confirming, modifying or annulling the order appealed against or may remand the case to the Tribunal which had passed such order with such directions to that Tribunal as the Appellate Tribunal may think fit, for fresh determination after taking additional evidence, if necessary.

(2) Where an appeal had been heard by the Appellate Tribunal and the members thereof differ in their opinion on any point, the decision on such point shall, where there is a majority, be according to the opinion of such majority, and where there is no majority and the members are equally divided in their opinion, they shall draw up a statement of the facts of the case and the point or points on which they differ in their opinion and make a reference of the point or points or of the appeal, as the case may be, to the President of such Tribunal, and on receipt of such reference, the President of the Tribunal shall arrange for the hear- ing of such point or points, or the appeal, by one or more of the members of the Appellate Tribunal, and such point or points, or the appeal, as the case may be, shall be decided according to the opinion of the majo- rity of the members of the Appellate Tribunal, who have heard the appeal, including those who had first heard it.

(3) The Appellate Tribunal shall send a copy of every order passed by it under sub-section (1) to the parties to the appeal and to the Tri- bunal concerned.

(4) Subject to the provisions of section 17, every order passed under sub-section (1)T other than an order remanding the case, shall be final and no order passed under that sub-section shall be called in question in any court.

Revision.

17. The High Court may call for the record of any case which has been decided by the Appellate Tribunal situate within its local jurisdic- tion, and if such Appellate Tribunal appears—

(a) to have exercised a jurisdiction not vested In it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or

with material irregularity,

the High Court may make such order in the case as it thinks fit:

Provided that the High Court shall not, under this section, vary or reverse any order made or any order deciding an issue in the course of a proceeding with respect to an appeal, except where—

(i) the order, if it had been made in favour of the party apply-

ing for revision, would have finally disposed of the proceeding, or

(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made.

Explanation.—In this section, the expression "any case which has been decided" includes any order made or any order deciding an Issue In the course of a proceeding with respect to any appeal.

CHAPTER III

PROVISIONS APPLICABLE TO ALL TRIBUNALS

Proce- dure.

18. Subject to the provisions of this Act and the rules made there- under, every Tribunal and every Appellate Tribunal shall have the power to regulate its own procedure in all matters arising out of the exercise of its powers or for the discharge of its functions.

45 of 1860.

19. Every proceeding before a Tribunal or the Appellate Tribunal shall be deemed to be a judicial proceeding within the meaning of sec- tions 193 and 228, and for the purposes of section 196 of the Indian Penal Code; and every such Tribunal or Appellate Tribunal, as the case may be, shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

2 of 1974.

Proceeding before every Tribunal to bo judicial proceeding for certain purposes.

CHAPTER IV

ENFORCEMENT OF THE ORDERS MADE EY THE TRIBUNALS

Expulsion of illegal migrants.

20. Where a person has been- determined by a Tribunal, or, as the case may be, by the Appellate Tribunal to be an illegal migrant, the Central Government shall, by order served on such person, direct such person to remove himself from India within such time and by such route as may be specified in the order and may give 3Uch further directions in regard to his removal from India as it may consider necessary or expedient.

CHAPTER V

MISCELLANEOUS

Delega- tion Of poweri.

21. The Central Government may, by notification, direct that the powers and duties conferred or imposed on it by this Act, other than the powers conferred lqy section 28, and the powers conferred by this section, may, subject to such conditions as may be specified in the notification, be exercised or discharged also by—

(a) any officer subordinate to the Central Government;

(b) any State Government or any officer subordinate to that Government.

Power to give effect to the' orders, etc. 22. Any authority empowered by or in pursuance of the provisions of this Act to exercise any power, may, in addition to any other action expressly provided for in this Act, take, or cause to be taken, such steps, and use, or cause to be used, such force, as may in its opinion be reason- ably necessary for the effective exercise of such power.

Bar of jurisdiction of civil courts.

23. Where a Tribunal or Appellate Tribunal has been established for any area for the purpose of determining whether a person is or is not an illegal migrant, no civil court shall have jurisdiction to entertain any ques- tion relating to that matter in that area and no injunction or any other order in respect of any action taken by, or before, the Tribunal or Appel- late Tribunal in respect of that matter shall be granted or made by any civil court.

Transitory provision.

24. Where in any suit or other legal proceeding pending, whether in a civil court or in any Tribunal established under any other law for the time being in force, immediately before the commencement of this Act, a question arises as to whether a person is or is not an illegal migrant, such court or Tribunal shall, without deciding such question, make an order transferring such suit or other legal proceeding to the. Tribunal under this Act within the territorial limits of whose jurisdiction such court or other Tribunal is situate and on such transfer such question shall be dealt with by such Tribunal in accordance with the provisions of this Act.

Penaltiei, 25. Any person who,—

(a) contravenes or attempts to contravene, or abets the contra- vention of, any order made under section 20; or

(b) fails to comply with any direction given by any such order;

or

(c) harbours any person who has contravened any order made under section 20 or has failed to comply with any direction given by any such order,

shall be punishable with imprisonment for a terra which may extend to tixree years and shall also be liable to fine.

26. No suit, prosecution or other legal proceeding shall lie against any person for anything which is In good faith done or intended to be done under this Act.

Protec- tion of action taken in good faith.

Power to remove difficul- ties.

27. (1) If any difficulty arises in giving effect to t^e provisions of this Act, the Central Government may, by order to be published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of a period

of two years from the commencement of this Act.

(2) Every order made under this section shall, as soon as may be

after It is made, be laid before each House of Parliament.

28. (l) The Central Government may, by notification, make rules to

Power to mike

carry out the provisions of this Act.

' rules.

(2) In particular and without prejudice to the generality of the fore- going powers, such rules may provide for all or any of the following matters, namely: —

(a) the' form and the manner in which an application may be made and t he fee which shall accompany such application, as re-

" quired by sub-section (3) of section 8;

(b) the authority to be prescribed under section 11;

(c) the form and the manner in which an appeal to the Appel- late Tribunal may be preferred and the fee which shall accompany duch appeal, as required by sub-section (5) of section 15;

(d) any other matter which is required to be, or may be, pres-

cribed.

(-?) Every rule made by. the,Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parlia- ment, 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 successive 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, however, that any such modification or annulment shajl be without prejudice to the validity of anything previ- ously done under that rule.

29. (1) The Illegal Migrants (Determination by Tribunals) Ordi- nance, 1983, is hereby repealed.

8 011983.

Repeal and saving.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

STATEMENT OF OBJECTS AND RFASONS

The influx of foreigners who illegally migrated into India across the borders of the sensitive eastern and north-eastern regions of the country and remained in the country poses a threat to the integrity and scurity of the said regions. A substantial number of such foreigners who migrated into India after the 25th day of March, 1971, have, by taking advantage of the circumstances of such migration and their ethnic similarities and other connections with the people of India, illegally remained in India without having in their possession lawful authority so to do. The continuance of these persons in India has given rise to serious problems. The clandestine manner in which these persons have been trying to pass off as citizens of India has rendered their detection difficult. After taking into account the need for their speedy detection the need for protection of genuine citizens of India and the interests of the general public, the President promulgated, on the 15th October, 1983, the Illegal Migrants (Determination by Tribunals) Ordinance, 1983, to provide for the establishment of Tribunals.

2. The Ordinance provided for the establishment of Tribunals for the determination, in a fair manner, of the question whether a person is an illegal migrant. The definition of "illegal migrant", as provided in the Ordinance, recognised the 25th March, 1971, as the cut off date. The Ordinance also empowered the Central Government to make a reference to the Tribunal and also enabled private citizens to make applications to the Tribunal for determining the question whether any person is an illegal migrant as denned in the Ordinance. The Ordinance also made suitable provisions for appeal, barring the jurisdiction of civil courts, and cxplusion of persons found to be illegal migrants.

3. The Bill seeks to replace the Ordinance.

NEW DELHI;

P. C. SETHI.

The 9tH November, 1983.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

TCopy of letter No. 11012/129/83-NE. TV, dated the 12th November, 19K3 from Shri P. C. Sethi, Minister of Home Affairs to the Secretary, Lok Sabha.]

The President, having been informad of the subject matter of the Illegal Migrants (Determination by fribuna|4) Bill, 1983 recommends the considera- tion of the Bi]l in Lpk Sabha under qrtMe. 117(3) of the Constitution of India,,

FINANQIAL MEMORANDUM

Sub-clause (1) of clause 5 of the Bill provides for the establishment o[ Illegal Migrants (Determination) Tribunals by the Central Government for the purpose of determining the question as to whether a person is an illegal migrant. Clause 7 provides for the appointment of staff of the Tribunals. Sub-clause (1) of clause 15 provides for the establishment of Illegal Migrants (Determination) Appellate Tribunal by the Central Govern- ment for the purpose of deciding appeals preferred against orders made by the Tribunals in the State. Sub-clause (7) or that clause provides for the appointment of staff of the Appellate Tribunal. The above provisions, if enacted, would involve expenditure from the Consolidated Fund of India on the following items, namely:—

(a) rocurrihg expenditure on salaries and allowances; of the members of the Tribunals and the supporting staff and expenses on account of petrol, oil and lubricant for the conveyance, travelling allowances, rent for office and residential accommodation. Each Tri- bunal shall have three members. All the members of the Tribunals shall be either serving or retired District Judges or Additional District Judges;

(b) non-recurring expenditure on account of furniture, office

equipment and a car for each Tribunal;

(c) recurring expenditure on salaries and allowances of the mem- bers of the Appellate Tribunal and the supporting staff. The Appellate Tribunal will have not less than three and more than six members, who shall be either serving or retired Court Judges.

(d) non-recurring expenditure on account of furniture, office equip-

ment and conveyance of the Appellate Tribunal.

2. (i) The approximate recurring expenditure for setting up one Tribunal is estimated to be Rs. 3,03,120 per annum. This includes expenditure on salaries qf the members of the Tribunal, staff for the Tribunal, office expenses, petrol, oil and lubricants, travelling allowances, rent for office and residential accommodation.

(ii) The approximate non-recurring expenditure for one Tribunal is estimated to be Rs. 1,20,900 per annum. This includes expenditure on furniture, typewriter and car. As the establishment of twenty Tribunals in the State of Assam has been notified, the expenditure on Tribunals will be as follows:—

Recurring

Rs. 60,62,400

Non-recurring

Rs. 24,18,000,

3. As the Bill seeks to provide that an Appellate Tribunal shall consist of a minimum of three members, recurring expenditure 00 account of salaries of the three members (including one Chairman) of the Appellate Tribunal, salaries of staff for the Appellate Tribunal, office expenses, petrol, on and lubricants, travelling allowances, rent for office and residential accommodation, is esti- mated to be Rs, 3,61,320 per annum. Non-recurring expenditure on account of furniture, office icquipmcnts and conveyances for the Appellate Tribunal is estimated to be Rs. 1,40,900 per annum. On the assumption that one Appel- late Tribunal would be set up for the State of Assam, the expenditure on Appellate Tribunal will be as follow~s~:—

Recurring Rs. 3,61,320 per annum

Non-recurring Rs. 1,40,900 per annum.

4. The Bill, if enacted, is not likely to involve any other recurring or non-

recurring expenditure.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 28 of the Bill empowers the Central Government to make rules for carrying out the provisions of the proposed legislation. The matters in respect of which such rules may be made arc specified in that clause. They, inter alia, relate to the form and the manner in which an application may be made and the fee which shall accompany such application,-the authority to be prescribed under clause 11- and the form and the manner in which an appeal to the Appellate Tribunal may be preferred and the fee which shall accompany such appeal. The matters with respect to which rules may be made are matters of procedure or detail.

2. The delegation of legislative power is, therefore, of a normal character.

MEMORANDUM INDICATING THE MODIFICATIONS WHICH ARE PROPOSED TO BE MADE BY THE BILL IN THE ILLEGAL MIGRANTS (DETERMINATION BY TRIBUNALS) ORDINANCE, 1983

In clause 13 a modification has been provided that the period of six months within which a reference made to the Tribunal shall be disposed of shall be computed from the date on which a copy of the: said reference is served on the person concerned for securing conformity with clause 10 of the Bill which pro- vides lor serving of the copy of the reference itself.

2. Sub-clause (1) of clause 27 has been modified to include a time Hniit beyond which it shall not be permissible to make any order for removing 'any difficulty.

BILL No. 118 OF 1983

A Bill to provide for the taking over iti the publid interest of the management of

the textile undertakings of he companies specified in the Ftrit Scheduled

pending nationalisation of such undertakings and for matters connected there-

yvith or incidental thereto.

AND WHEREAS, pending the acquisition of the said undertakings, it is expedient in the public interest to take over the management of the said undertakings;

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

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Textile Undertakings (Taking Over of Management) Act, 1983.

(2) It shall be deemed to have come into force on the 18th day of October, Short title and com- mence- ment.

1983.

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

Daflni-

ttoni.

(a) "appointed day" means the date on which this Act comes into force;

(b) "Custodian" means the person appointed under section 4 to take over the management of the undertakings;

(c) "notification" means a notification published in the Official Gazette;

(d) "textile undertaking" or "tbe textile undertaking" means an under- taking specified in the second column of the First Schedule;

1 of 1060.

(c) "textile company" means a company (being a company as defined in the Companies Act, 1956) specified in the third column of the First Schedule, as owning the undertaking specified in the corresponding entry in the second column of that Schedule;

1 of 1996.

(/) words and expressions used herein and not defined but defined in the Companies Act, 1956, shall have the meanings respectively aligned to them in that Act.

CHAPTER II

TAKING OVER OF THE MANAGEMENT OF CERTAIN TEXTILE UNDERTAKINGS

3. (1) On and from the appointed day, the management of all the textile undertakings shall vest in the Central Government.

Manage'

ment of

certain

textile

under-

takings

to vest in

the Cen-

tral Gov-

ernment.

(2) The textile undertaking shall be deemed to include all assets, rights, lease- holds, powers, authorities and privileges of the textile company in relation to th© said textile undertaking and all property, movable and immovable, including lands, buildings, workshops, projects, stores, spares, instruments, machinery, equipment, automobiles and other vehicles, and goods under production or in transit, cash balances, reserve fund, investments and book lets and all other¹ rights and interests in or arising out of sucb property as were, immediately before the appointed day, in the ownership, possession, power or control of the textile company whether within or outside India and all books of account, registers and, all other documents of whatever nature relating thereto.

(3) Any contract, whether expiess or implied, 01 other arrangement, in 'so iar as it relates to the managenieni 01 uie business and uttairs 01 mo textile un- dertaKing ana in iorce unmeaiateiy beioic the appointed day, or any order made by any court in so lai as n relates to me management ol Uie business and anairs or me textile undertaking and in iorce uninediaiely beiore the appointed day shall be deemed to have lermmated on me appointed day.

(•±) All persons m charge Oi tne management, including peisous holding

iiiiiccii m> ducccori, managers 01 any omei managerial personnel, 01 die texm© company ni leiation to the textile undeitaiung, nnraeUiately beiore Uie appointed uuy, suon be deemeu to have vacated men oiiices as inch on tne appointed day,

(P) iNoiwithstanuing anythmg comamed ia any other law lor the tiine being in iorce no person in respect 01 whom any contract oi management or other arrangement is ternnnatea by reason or the provisions contained in sub-section t,jj, or who ceases to hold uny orhce by reason of. the provisions contained in sub-section (V), shall be entitled to claim any compensation lor the premature termination oi tne contract of management or other arrangement or lor the loss oi ofhee, as the case may be.

ifii .Notwithstanding any judgment, deciee 01 order oi any court, tribunal or other authority or anythmg contained in any other law (.other than this Act) lor the time being in Iorce, every receiver or other person in whose possession or custody or under whose control the textile undeilaking or any part thereol may be immediately beiore the appointed day, shall, on the commence- ment oi this Act, deliver the possession ol the said undertaking or such pait thereof, as the case may be, to the Custodian, or where no Custodian has been appointed, to such other person as the Central Government may direct.

(7) toi the removal of double, it is hereby declared that any liability incurred by a textile company in relation to the textile undertaking beiore the appointed day shall be ejilorceable against the concerned textile company and not against the Central Government or the Custodian.

Custodian

of the

textile

under-

taking!.

4. (ij The Central Government may, as soon as it is convenient administra- tively so to do, appoint any person or body of persons (including a Government company, whether in existence at the commencement of this Act or incor- porated thereafter) as a Custodian of the textile undertalfing for the purpose of carrying on the management of such undertaking and the Custodian so appointed shall carry on the management of the textile undertaking tor and on behalf of the Central Government.

(?) On the appointment of a Custodian under sub-section (1), the manage- ment of the textile undertaking shall vest in such Custodian and all persons in charge of the management of such undertaking immediately before such appoint- ment shall cease to be in charge of such management and shall be bound to deliver such management to the Custodian.

(3) The Central Government may, by notification, authorise the Custodian to appoint any person (including a Government company, whether in existence at the commencement of this Act or incorporated thereafter) as the Additional Custodian of the textile undertaking.

(4) The Additional Custodian shall assist the Custodian in the exercise of his or its powers and duties under this Act and shell function under the direction, supervision and control of th" Custodian; and the Custodian may

delegate to the Additional Custodian ail or such of his or its powers as he or it may think fit.

(5) Subject to any general or special direction given or condition imposed Dy the Custodian, any peison authorised by the Custodian to exeieisc any power may exercise that power in the same manner ana widi tiic same ehect as U it had been conferred on that person directly by ihis Act and not by way of authorisation.

(6) The Central Government may issue such directions (including direc- tions as to initiating, defending or continuing any legal proceedings before any Luurt, tribunal or other authority) to the Custodian as to ins or its poweis and duties as the Central Government deems to be desirable in the circum- stances of the case, and the Custodian may also apply to the Central Govern- ment at any time for instructions as to the manner in which he or it shall conduct the management of the textile undertaking or in relation to any other matter arising in the course of such management.

1 of 1956.

(7) Subject to the other provisions oi this Act and the control of ibe Central Government, the Custodian shall be entitled, notwithstanding any- thing contained in the Companies Act, 1956, to exercise all the powers, in iviation to the textile undertaking, of the Board of Directors of the textile company (Including the power to dispose of any properties or assets of the: textile company) whether such powers are derived from the Companies Act, 1956, or from the memorandum and articles of association of the concerned textile company or from any other source.

(#) Every person having possession, custody or control of any property forming part of the textile undertaking shall deliver forthwith such property co the Custodian or to any officer or other employee of the Central Government or the Custodian, as may be authorised by the Central Government or the Custodian in this behalf.

(9) Any person who, on the appointed day, has in his possession or under his control any books, papers or other documents relating to the textile under- taking the management of which has vested in the Oentral Government under this Act, shall, notwithstanding anything contained hi any other law for the time being in force, be liable to account for the books, papers and other documents (including such minutes books, cheque books, letters, memoranda, notes or other communications) to the Custodian and shall deliver them up to Ihe Custodian or to any such person (being an officer or other employee of the Central Government or the Custodian) as may be authorised by the Central Government or the Custodian in this behalf.

(10) Every person in charge of the management of any textile undertaking immediately before the appointed day shall, within ten days from that day or within such further period as the Central Government may allow in this behalf, furnish to the Custodian a complete inventory of all the properties and assets (including particulars of book debts*and investments and belongings) forming part of the undertaking immediately before the appointed day and of all the liabilities and obligations of the textile company in relation to the under- taking, subsisting immediately before that day, and also of all agree- ments entered into by such textile company in relation to the under- taking and in force immediately before that day.

(11) The Custodian and the Additional Custodian shall receive from the funds of the textile undertakings such remuneration as the Central Government may fix.

Payment of amount.

5. (1) livery textile company shall be given by the Central Govern- ment an amount, i cash, and at th" rate specified in sab-section £)* for the nesting in It, under section 3, of the management of the textile undertikirtfi¹ of the company.

(2) For every month during which the management of the textile under- taking remains vested in the Central Government under this Act, the amount, rcfeired to in sub-section (1), shall be computed—

(0 for a spinning unit, at the rate of fifty paise per 1,000 spindles or any part thereof:

(K) for a wearing unit, at the rate of one rupee per 100 looms or any part thereof;

(///) for a composite unit with or without dye-house, at the rate of fifty paise per 1,000 spindles or any part thereof plus one rupee per 100 looms plus one paisa per 10,000 metres of cloth processed in the dye- house based on the average monthly production during the period of three years immediately preceding the appointed day; ""

(iv) for a wholly processing unit (being a unit which does not have any spindle or loom), one paisa per one thousand square metres or any part thereof of the average of the total quantity of textiles processed during the period of three years immediately preceding the appointed day in such unit,

CHAPTER Til

POWER TO PROVIDE RELIEF TO THE TEXTILE UNDERTAKINGS

6. (1) The Central Government may, if satisfied, in relation to any of the textile undertakings or any part thereof, the management of which has vested in it under this Act, that it is necessary so to do in the interests of the general public with a view to preventing any fall in the volume of production of such undertaking, by notification, declare that—-

(a) all or any of the enactments specified in the Second Schedule shall not apply or shall apply with such ndaptations, whether by way of modification, addition or omission (which does not, however, affect the policy of the said enactments) to such undertaking as may be specified! in such notification or

Power of the Central Govern- ment to make cer- tain dec-"" larationg in rela- tion to certain textile" under- takings.

(b) the operation of all or any of the contracts, assurances of property, agreements settlements, awards, standinc orders or other instru- ments in force (to which such textile undertaking or th" textile com- pany owning such undertakinc is a partv or which mnv be nnnlidable to such textile undertime or textile commnv) immediatciv before the date of issue of the notification shall remain suspended or that all or any of th° rights, privileges, obligations and liabilities accroine or arising thereunder before the said dat* shall remain suspended or shall b- m- forcenbio snbiet' to such adaptations and in such manner ns mnv T*e sT^nnd >n the notification,

(2) The notification made under sub-section (1) shall remain in force, in tho first instance, for a period of one year but the duration of such notification may be extended from time to timeJjy a further notification by a period not exceeding one year, at a time:

Provided that no such notification shall, in any case, remain in force after the expiry of three years from the commencement of this Act.

(3) Any notification made under sub-seetion (1) shall have effect notwith- standing anything to the contrary contained in any other law, agreement of instrument or any decree or order of a court, tribunal, officer or other authority or in any submission, settlement or standing order.

(4) Where by virtue of a notification under clause (b) of sub-section (2), any right, privilege, obligation or liability remains suspended or is enforceable subject to the adaptations and in the manner specified in the notification, all proceedings relating thereto pending before any court, tribunal, officer or other authority shall accordingly remain stayed or be subject to such adaptations, as the case may be; so however, on the notification ceasing to have effect—

(a) such right, privilege, obligation or liability shall be enforceable as if the notification had never been made;

(6) any proceeding so remaining stayed shall be proceeded with sub- ject to the provisions of any law which may be then in force, from the stage which had been reached when the proceeding became stayed.

(5) In computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in clause (&) of sub-section (I), th" period during which, it or the remedy for the enforcement thereof remained sus- pended shall be excluded.

CHAPTER IV

MISCELLANEOUS

7. The provisions of this Act or any notification, order or rule made thereunder shall have effect notwithstanding anything inconsistent therewith con- tained in any law (other than this Act) or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any court.

Act to have over- riding effect.

Applica- tion of Act 1 of 1956.

8. (2) So long as the management of the textile undertaking "f a textile company remains vested in the Central Government under this Act, notwith- standing anything contained in the Companies Act, 1956 or in the memo- randum or articles of association of such company,—

(a) it shall not be lawful for the shareholders of the textile company or any other person to nominate or appoint any person to be a Director of such textile company in relation to suoh undertaking;

(6) no resolution affecting (whether directly or indirectly) such un- dertaking which is passed at any meeting of the shareholders of the textil* company on or after the appointed day shall be given effect to unless ap- proved by the Central Government;

(c) no proceeding for the winding up'of the¹ textile company or for the appointment of a liquidator or receiver in respect thereof shall lie in any court except with the consent of the Central Government,

1 *f 11)56.

(2) Subject to the provisions contained in sub-section (1), and to the other provisions contained in this Act and subject to such other exceptions, restriction and limitations, if any, as the Central Government may, by notifica- tion, specify in this behalf, the Companies Act, 1956, shall continue to apply to the textile companies in the same manneu as it applied thereto before the appointed day.

9. In computing the period of limitation prescribed by any law for the dme being in force for any suit or application against any person by any of- the textile companies in respect of any matter arising out of any transaction in relation to its textile undertaking, the time during which this Act remains \n force shall be excluded.

Exclusion of period of opera- tion of thip Act from limita- tion.

10. (1) No suit, prosecution or other legal proceeding shall lie against the Central Government or the Custodian or the Additional Custodian or any offi- cer or other employee of the Central Government or the Custodian for any- thing which is in good faith done or intended to be done under this Act.

Protection of action taken in good faith.

(2) No suit or other legal proceeding shall lie against the Central Gov- ernment or the Custodian or the Additional Custodian or any of the officers or other employees of the Central Government or the Custodian for any damage caused or likely to be caused by anything which is in good faith done or in- tended to be done under this Act.

Contracts,

etc., ia

bad faith

maybe

cancelled

or varied,

11. (7) If the Central Government is satisfied, after such inquiry as ft may think proper, that any contract or agreement entered into at any time within three years immediately preceding the appointed day between any of the textile companies or managing or other director of any such textile com- pany and any other person in relation to any service, sale or supply to, or by, its textile undertaking and in force immediately before the appointed day, kas been entered into in bad faith, or is detrimental to the interests of the textile undertaking of the concerned textile company, It may make, within one hun- dred and eighty days from the appointed day, an order cancelling or varying (either unconditionally or subject to such conditions as it may- think fit to Impose) such contract or agreement and thereafter the con- tract or agreement shall have effect accordingly:

Provided that no contract or agreement shall be cancelled¹ or varied ex- cept after giving to the parties to the contract or agreement a reasonable op- portunity of being heard.

(2) Any person aggrieved by an order made under sub-section (I) may make an application to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the concerned textile companv is situated for the variation or reversal of such order and thereupon such court may confirm, modify oT reverse such order.

Avoid-

ance of

voluntary

trans-

fers.

Power to terminate contracts of em- ployment.

13. If the Custodian is of opinion that any contract of employment entered into by any textile company or managing or other director of the company in relation to its textile undertaking at any time before the appointed day is unduly onerous, he or it may, by giving to the employee one month's notice in writing or salary or wages for one month in lieu thereof, terminate such contract of employment.

Penalties

14. (1) Any person who,—

(a) having in- his possession or custody'or under his control any property forming part of any ot the textile undertakings, wrongfully withholds such property from the Custodian or any person authorised under this Act, or

(b) wrongfully obtains possession of any such property, or

(c) wilfully retains any property forming part of such textile under- taking or removes or destroys it, or

(d) wilfully withholds from, or fails to deliver to, the Custodian or any person authorised under this Act, any books, papers or other documents relating to such textile undertaking which may be in his pos- session, power or custody or under his control, or

(e) fails, without any reasonable excuse, to furnish information or particulars as provided in section 4,

shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand rupees, or with both.

(2) No count shall take cognizance of an offence punishable under this section except with the previous sanction of the Central- Government or an officer authorised by that Government in this behalf.

Offences by com- panies.

15. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the companv for the conduct of the busi- ness of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such) person liable to any punishment, if he proves that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of such offence.

' (2) Notwithstanding anything contained in sub-section (1), where an offen- ce under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manaeer, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded attainst and punished accordingly.

Explanation.—For the purposes of this section,—

(a) "company" means any body corporate and insludes a firm or other association of individuals; and

(&) "director", in relation to a flrm, means a partner In the firm,

16. (I) The Central Government may, by notification, make rules for

carrying out the provisions of this Act.

Power to

make

rules.

(2) Every rule made by the Central Government under this Act shall be laid, as soon as may bu 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 successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified (form or be of no effect, as' the case may be; so, how- ever, that any such modification or annulment ghall be without prejudice to the validity of anything previously done under that rule.

17. (1) The Textile Undertakings (Taking Over of Management) Ordi-

10 of 1983

nance, 1983, is hereby repealed.

Repeal

and

saving.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken undei the corresponding provisions of this Act.

THE FIRST SCHEDULE

[See section 2 (d) and (c)]

No. Name of the undertaking

Name of the owner

s.

i a

3

I Elphijifltonc Spinning and Weaving Mills, El-

phinstone Road, Bombay.

Finlay Milk, IO/II, Dr. S. S. Rao Road,

a

The Elphinstone Spinning and Weaving Mills Co. Ltd., Kamani Chambers, 39, Ramji Bhai Kamani Marg, Bombtty-38. The Finlay Mills Ltd., Chartered Bank Buil-

ding, Fort, Bombay-23.

Bombay.

Gold Mohur Mills, Dadasaheb Phalkc Road, Tho Gold Mohur Mills Ltd., Chartered Bank 3

Dadar, Bombay.

Building, Fort, Bombay-33.

Jam Manufacturing Mills, Lalbaug, Parcl, The Jam Manufacturing Go. Ltd., Lal- 4

baug, Parel, Bombay-ia.

Bombay.

Kohinoor Mills (No. i), Naigaum Cross

5

Road, Dadar, Bombay.

The Kohinoor Mills Go. Ltd., KiUick House, Charanjit Rai Marg (Home Street), For I, Bomhay-I.

Kohinoor Mills (No. a), Naigaum CrossRoad,

6

Dadar, Bombay.

The Kohinoor MUli, Go. Ltd., KiUick House, Charanjit Rai Marg (Home Street), Fort, Bombay-1.

Kohinoor Mills (No. 3),LadyJamshedjiRoad,

7

Dadar, Bombay.

The Kohinoor Mills Co. Ltd., KiUick House, Gharanjit Rai Marg (Home Street), Fort, Bombay-1.

B New City of Bombay Manufacturing Mills, 63, Tukaram B. K^dam Marg, Bombay.

The New City of Bombay Manufacturing Go. Ltd., 63, Tukaram Bhisaji Kadam Path Bombav-Q Q

Podar Mills, N. M. Joshi Marg, Bombay.

The Podar Mills Ltd., Podar Chambers, 9

Syed Abdulla Brclvi Road, Fort, Bombay-1.

Podar Milk (Process House}, GanpaL K.ao

to

Kadam Marg, Bombay.

The Podar Mills Ltd., Podar Chamber*, Syed Abdulla Brclvi Road, Fort, Bombay-1.

II Shree Madhusudan Mills, Pandurang Budhkar Shree Madhusudan Mill* Ltd., 31, Marg, Bombay.

Ghowringhee Road, Calcutta-16.

12 Shree Sitaram Mills, N. M. Joehi Marg, Shree Sitaram Mills Ltd., N, M. Jo"hi Marg, Bombay.

Bombay-n.

Tata Mills, Dr. Ambedkar Road, Dadar, The Tata Mills Ltd., Bombay Hotue, ,34, "3

Bombay.

Homi Mody Street, Fort, Bombay-33.

THE SECOND SCHEDULE

(See section 6)

20 of 1946.

1. The Industrial Employment (Standing Orders) Act, 1946.

14 of 1947.

2. The.Industrial Disputes Act, 1947.

11 of 1948.

J. The Minimum Wages Act, 1948.

STATEMENT OF OBJECTS AND REASONS

The Textile Undertakings (Taking Over of Management) Ordinance, 1983 was promulgated by the President on 18th October, 1983 to vest in the Central Government the management of -thirteen textile undertakings, pending their nationals.ition. By reason-of mismanagement of the affairs of these under- takings, their financial condition which became wholly unsatisfactory even before the comixiuacement in January, 1982 of the textile strike in Bombay further deteriorated thereafter. Certain public financial institutions had, with a view to making the said undertakings viable, advanced large sums of money to the companies owning these undertakings. Further investment of very large sums of money .was found to be necessary for reorganising and rehabilitating the said undertakings and thereby to protect the interests of the workmen em- ployed therein and to augment the production and distribution at fair prices of different Varieties of cloth antf yarn so as to subserve the interests of the general public. Government considered the nationalisation of the said undertakings to be necessary to enable it to invest such large sums of money and safeguard other interests. Once the basic decision of nationalisation was taken, & genuine apprehension arose in Government's mind '.hat unless the management of the concerned undertakings was taken over on immediate basis, there might ba large scale frittering away of assets which would be detrimental to the public interest. Tt thus became urgently necessary for Government to take over management of the undertakings in the public interest. As Parliament was not in session at that time and every day's delay could have had serious repercus- sions, the afore-mentioned Ordinance was promulgated.

2. The Bill seeks to replace the said Ordinance.

N EW D E L H I; VISHWANATH PRATAP SINGH.

The 12th November, 1983.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE CONSTITUTION OF INDIA

[Copy of letter No. 7(5)/83-CP, dated the 15th November, 19R3 from Shri Vishwunath Pratap Singh, Minister of Commerce to the Secretary, Lok Sabha.]

The President having been informed of the subject matter of the Textile Undertakings (Taking Over of Management) Bill, 1983, recommends under clause (1) of article 117 of the Constitution of India, the introduction of the said Bill in Lok Sabha and also recommends under clause (3) of article 117, the consideration of the Bill by Lok Sabha.

FINANCIAL MEMORANDUM

Under the Textile Undertakings (Taking Over of Management) Bill, 1983, powers are sought by the Central Government for continuing to manage 13 textile undertakings the management of which was taken over under th* Textile Undertakings (Taking Over of Management) Ordinance, 1983, pending their nationalisation.

2. Clause 5 of the Bill provides for the owner of every textile undertaking, being given by the Central Government an amount in cash for the vesting in it the management of the textile undertaking concerned. However, the amount so payable is not likely to exceed Rs. 30,000 per annum.

3. Money will have to be provided to these mills for their working capital as well as modernisation. The immediate requirement of funds for working capital for these mills has been estimated at about Rs, 15 crores but the requirements under this head in respect of the subsequent phases of run- ning the units will be known only after watching the actual tempo of produc- tion in the undertakings as and when it picks up. As regards the modernisation requirements, it ha>i been estimated that the funds required for not only replacement or renovation of existing machinery, etc., but also adoption of more advanced technology in spinning, weaving and processing will be about Rs. 140 crores spread over a period of four years commencing from

- 1984-85.

4. As mentioned in the long title of the BilJ, the management af these mills is to be taken over pending their nationalisation. The amounts to be so paid have yet to be assessed.

i

5. The mills whose management has been taken over require modernisation before they can become financially viable. During the initial period till the modernisation programme is completed, the undertakings are liable to incur losses, which have to be recouped by the Government. The exact quan- tum of losses cannot be estimated at present.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 16 of the Bill empowers the Central Government to nfltoke rules \o carry out he provisions or the Bill. Such power would enable the Central Government to make rules with regard to matters of procedure and administrative detail, which is not practicable to provide for in the Bill itself. The delegaion of legislative powti is, therefore, of a normal character.

AVTAR SINGH RIKHY,

Secretary^

PRINTED 1Y TItt GENERAL MANAGER, GOVERNMENT OF INDIA PK1SS, MJNTO ROAD>

NEW DM-Wt AND FUMJSHtD BY THE CONTROLLER OP PUBLICATIONS, P1LJH, 1 9 83