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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 24] NEW DELHI, MONDAY, APRIL 23, 1984/VAISAKHA 3, 1906

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 23rd April, 1984:—

BILL NO. 36 OF 1984

A Bill to amend the National Security Act, 1980, in its application to the State

of Punjab and the Union territory of Chandigarh.

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

1. (1) This Act may be called the National Security (Amendment) Act, 1984.

Short

title and

commence-

ment.

(2) It shall be deemed to have come into force on the 5th day of April, 1984.

2. The National Security Act, 1980 (hereinafter referred to as the principal Act) shall, in its application to the State of Punjab and the Union territory of Chandigarh, have effect subject to the amendments specified in sections 3 to 5.

Amend-

ment of

Act

65 of 1980

In its appli-

cation to

Punjab and

Chandi-

garh.

(1)

3. In sub-section (4) of section 3 of the principal Act, in the proviso,—

(fl) for the words "ten days", the words "fifteen days'' shall be subaLi-

Amend- ment of section 3.

tuted;

(b) for the words "fifteen days", the words "twenty days" shall be

substituted.

4. In section 8 of the principal Act, in sub-section (1), for the words "ten

days", the words "fifteen days" shall.be substituted.

Amend- ment of section 8.

5. In the principal Act, after section 14, the following section shall be

inserted, namely:—

Insertion of new section HA.

'14A. (1) Notwithstanding anything contained in the foregoing pro-

visions of this Act, any person in respect of whom an order of detention has been made under this Act at any time before the 3rd day of April, 1985 may be detained without obtaining the opinion of the Advisory Board for a period longer than three months, but not exceeding six months, from the date of his detention where such person had been de- tained with a view fo preventing him from acting, in any disturbed area, in any manner prejudicial to—

(a) the defence of India; or

(b) the security of India; or

(c) the security of the State; or

Circum- stances in which per- sons may be detained for periods longer than three months without obtaining the opinion of Advisory Board*.

(d) the maintenance of public order; or

(") the maintenance of supplies and services essential to the community.

Explanation 1.—The provisions of the Explanation to sub-section (2) of section 3 shall apply for the purposes of this sub-section as they apply for the purposes of that sub-section,

32 of 1983.

33 of l^Sl Explanation 2.—In this sub-section, "disturbed area" means any area which is for the time being declared by notification under section 3 of the Punjab Disturbed Areas Act, 1983, or under section 3 of the Chandigarh Disturbed Areas Act, 1983, to be a disturbed area.

(2) In the case of any person to whom sub-section (I) applies, sections 10 to 13 shall have effect subject to the following modifica- tions, namely: —

(a) in section 10, for the words "shall, within three weeks", the words "shall, within four months and two weeks" shall be substitu- ted;

(b) in section 11,—-

(/') in sub-section (1), for the words "seven weeks", the

words "five months and three weeks" shall be substituted;

(") in sub-section (2), for the words "detention of the person concerned", the words "continued detention of the per- son concerned" shall be substituted;

(c) in section 12, for the words "for the detention", at both the places where they occur, the words "for the continued detention" shall be substituted;

(d) in section 13, for the words "twelve months", the words "two years" shall be substituted.'.

5 of 1984.

6. {1) The National Security (Amendment) Ordinance, 1984, is here- by repealed.

Repeal and saving.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, us amended by this Act.

STATEMENT OF OBJECTS AND REASONS

The activities of the extremist and terrorist elements in the "disturbed

areas" of Punjab and Chandigarh have been a matter of serious concern. These persons have been indulging in violent activities and terrorist methods, induding threats to persons involved in the investigation and prosecution of cases. To enable the Administration to deal effectively with such elements in these "disturbed areas", and to enable them to take preventive action, the President promulgated on the 5th April, 1984, the National Security (Amend- ment) Ordinance, 1984 (5 of 1984).

2. The Ordinance amended the National Security Act, 1980 in its appli-

cation to the State of Punjab and the Union territory of Chandigarh-

fa) to increase from ten days to fifteen days the maximum period within which grounds of detention may in exceptional circums- tances be communicated to the detenu,

(b) to provide in certain cases for detention of persons without

obtaining the opinion of the Advisory Board for a period of more than three months but not exceeding six months from the date of their detention and to provide also in such cases for a longer maximum period of detention, and

(c) to make the necessary consequential amendments in the Act.

3. The Bill seeks to replace the above Ordinance.

NEW DELHI;

P. C. SETHI.

The \2th April, 1984.

B ux NO. 37 OF 1984

A Bill further to amend the Punjab Commercial Crops Cess Act, 1974.

Bii it enacted by Parliament in the Thirty-fifth Year of the Republic

of India as follows: —

1. This Act may be called the Punjab Commercial Crops Cess (Amend- Short title.

ment) Act, 1984.

2. In the Punjab Commercial Crops Cess Act,, 1974, in section 3, in

sub-section ( J ). Tor the figures "1983-84", the figures "1988-89'' shall be

Amend- ment of section 3 substituted.

of Pun- jab Act 14 of 1974.

STATEMENT OF OBJECTS AND REASONS

The Commercial Crops Cess Act, 1974, imposing a Cess on Crops of Chillies, Cotton. Mustard Seeds, Potatoes, Rape (Sharshuf., Taramira, Toria), Sugarcane, Tomatoes, Orchards and Vine-yards, at the rate of Rs. 6 per acre on irrigated lands and Rs. 3 on unirrigated lands, was enacted for five years from Kharif Crop of Agricultural year 1974-75 to Rabi 1978-79, in order to meet the expenditure on the Fifth Five Year Plan. With a view to meet the linancial need of the State Government during the Sixth Five Year Plan the Act was continued for another five years from Kharif Crop of Agricul- tural Year 1978-79, to Rabi 1983-8^ The existing term will expire after Rabi 1983-84. Keeping in view the tight financial position of the State, it has been considered desirable that the Act may be continued for a further period of five years, namely from Kharif Crop of Agricultural year 1984- 85 to Rabi Crop of 1988-89. Hence this Bill.

NEW DELHI; RAO BIRENDRA SINGH.

The nth April, 1984.

SUBHASH C. KASHYAP,

Secretary-General.

MINTED BY THE GENERAL MANAGER, GOVERNMENT OP INDIA FHESS, MINTO ROAIk

ICEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLIC \TIONS, DELHI 1 9 64