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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 26] NEW DELHI, MONDAY, APRIL 30 ,1984/VAISAKHA 10, 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 30th April,

1984:—

BILL NO. 40 OF 1984

A Bill to confer on the President the power of the Legislature, of the State of Punjab to make laws.

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

of India as follows: —

1. This Act may be called the Punjab State Legislature (Delegation of

Short title.

Powers) Act, 1984.

Defini- tion.

2. In this Act, "Proclamation" means the Proclamation issued on the 6th day of October, 1983 under article 35b' of the Constitution, by the President, and published with the notification of the Government of India in the Ministry of Home Affairs, No. G.S.R. 788 (E) of the said date.

3. (I) The, power of the Legislature of the State of Punjab to make laws, which has been declared by the Proclamation to be exercisable by or under the authority of Parliament, is hereby conferred on the President.

(2) In the exercise of the said power, the President may, from time to time, Whether Parliament is or is not in session, enact, as a Presi- dent's Act, a Bill containing such provisions as he considers necessarys

Provided that before enacting any such Act, the President shall, whenever he considers it practicable to do so, consult a Committee constituted for the purpose, consisting of thirty , members of the

Confer- ment on the Presi- dent of the power of the State Legisla- ture to make lews,

( 1)

House of the People nominated by the Speaker and fifteen members of the Council of States nominated by the Chairman.

(3) Every Act enacted by the President under sub-section (2) shall, as soon as may be after enactment, be laid before each House of Parlia- ment

(4) Either House of Parliament may, by resolution passed within thirty days from the date on which the Act has been laid beofre it under sub-section (3), which period may be comprised in one session or in two successive sessions, direct any modifications to be made in the Act and if the modifications are agreed to by the other House of Parliament during the session in which the Act has been so laid before it or the session succeeding, such modifications shall be given effect to by the President by enacting an amending Act under sub-section (2):

Provided that nothing in this sub-section shall affect the validity of the Act or of any action taken thereunder before it Is so amended.

STATEMENT OF OBJECTS AND REASONS

Under the Proclamation issued by the President on the 6th October, 1983, the powers of the Legislature of the State of Punjab are now exercisable by or under the authority of Parliament. Such legislative measures as may be necessary for that State can be taken up by Parlia- ment only by postponing its business; and even then, it is likely that Parliament may not have time to deal with all the legislative measures for the State. It is, therefore, proposed that Parliament should, in accordance with the provisions of sub-clause (a) of clause (1) of article ^57 of the Constitution, confer by law on the President the powers of the Legislature of the State of Punjab to make laws for the Stnte. The present Bill is intended to give effect to this proposal.

P. C. SETHI.

NEW DELHI;

The 21st April, 1984.

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF THE

CONSTITUTION OF INDIA

TCopy of letter No. V/11015/3/83-CSR, dated the 21st April, 1984 from Shri P. C. Sethi, Minister of Home Affairs to the Secretary-General, Lok Sabha.]

The President, having been informed of the subject matter of the Punjab State Legislature (Delegation of Powers) Bill, 1984, recommends under clause (3) of article 117 of the Constitution of India, the conside- ration of the Bill in Lok Sabha.

FINANCIAL MEMORANDUM

The proviso to sub-clause (2) of clause 3 of the Bill provides for the constitution of a Committee for consultation regarding President's Acts, consisting of 30 Members of the House of the People and 15 Members- of the Council of States. Expenses to be incurred in connection with the meetings of the Consultative Committee would be mot from the Consoli- dated Fund of India. This Committee will meet as and when necessary. The expenditure is not expected to be large and is not likely to exceed Ka 1.35 lakh during the period the Proclamation remains in force. The Bill, if enacted, will not involve any non-recurring expenditure,

MEMORANDUM REGARDING DELEGATED LEGISLATION

The power of the legislature of the State of Punjab to make laws which has been declared by the Proclamation issued under article 356 of the Constitution in respect of that State on 6th October, 1983, to be exercisable by or under the authority of Parliament, is tnught to be conferred on the President under article 357(1) (a) of the Constitution. Before exercising the aforesaid power, the President is required, when- ever he considers it practicable to do so, to consult a Committee of Members of Parliament constituted for the purpose in accordance with the provisions of the proviso to sub-clause (2) of clause 3. Any Act enacted by the President in exercise of the aforesaid power is required to be laid before each House of Parliament and Parliament may direct modifications to be made in that Act [vide sub-clauses (3) and (4) of clause 3]. The delegation of legislative power is in pursuance of the express provision in. this behalf in article 357(1) (a) of the Constitution and is necessary as it will not be easy for Parliament to find time to deal with the various- legislative measures that may be required in respect of the State of Punjab. Under the exceptional circumstances arising out of the issue of a Proclamation under article 35R of the Constitution, this delegation of legislative power is limited to the period when the afore- said Proclamation dated 6th October 1983, will continue to be in force. To the extent that it has been usual for Parliament to confer on the President such legislative powers, it can be regarded as of a normal character.

BILL NO. 44 OF 1984

A Bill to amend the Union Duties of Excise (Distribution) Act, 1979.

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 Union Duties of Excise (Distribu^

tion) Amendment Act, 1984.

(2) It shall be deemed to have come into force on the 1st day of

Short title and com- mence- ment.

April, 1984.

2. In the Union Duties of Excise (Distribution) Act, 1979 (herein- after referred to as the principal Act), in the long title, for the words, figures and letters "report dated the 28th day of October, 1978", the words, figures and letters "interim report dated the 14th day or November, 1983" shall be substituted.

Amend- ment of long title of Act 24 of 1979.

3. For section 3 of the principal Act, the following section shall be

substituted, namely:—

Substitu- tion of new section for section 3.

Payment to States of sums ''3. Durlnp the financial year commencing on the 1st day of April, 1084, there shall be paid, out of the Consolidated Fond of India, to the States sums equivalent to the distributable Union (hUies of excise levied

equiva-

lent to

a part

and collected lit that year and those sums shall be distributed, provisionally, tp each of] the States specified in column (1) of the Table below in such percentage as is set out against it in column. (2):—

of "the

net pro-

ceeds of

UMion

duties

of excise

and

provi-

sional

distribu-

tion of

the sum§

among

than).

TABLE

C")

CO

P e r c e n t a ge

Steta

A n d h ar P r a d e sh

7 " 9i

A n im . . . . . . ..

"-793

13.031

B i h ar

4,101

G u j a r at

H a r y a n a.

i-*77

0-5*1

H l m n c h al P r a d e sh . . . ..

J a m m u . a nd K a s h m ir . . . ..

• 0839

K a r n a t a ka . . . . . ..

4-876

K e r a la

4O35

• 8.7"5

M a d h ya P r a d e sh

M a h a r a s h t ra . . . . ..

6 63a

M a n l p ur . . . . . ..

o.aiS

n.aoo

M " g h a l a y a-

N a g a l a nd . . . . . ..

0097

O r i ua

468a

P u n j ab

t.noS

R a j a a t h an . . . . . ..

4.813

0.038

S i b k lm

T a m il N a du

7.637

T r i p wa

• , < • • n-373

1 1 18.ago

U t t ar P r a d t ah . , , . ..

8,005

W e st B e n g al . . . . ..

STATEMENT OF OBJECTS AND REASONS

At present, a sum equivalent to forty per cent, of the annual net pro- ceeds of the Union duties of excise, excluding cesses levied under special Acts and earmarked for special purpose, is paid to the States and distri- buted among them in the percentages which the Seventh Finance Com- mission had recommended. The Eighth Finance Commission in its in- terim report dated 14th November, 1983 has recommended that—

(i) subject to such re-adjustments as may be necessary on the basis of its final report, the existing arrangements in respect of the distribution between the Union and the States of the net proceeds of Union duties of excise may continue provisionally during the financial year commencing on the 1st day of April, 1&84;

(ii) as the law imposing the Union duties of excise has since

been extended to the State of SikVim, that Slate would also be entitled \o a share in those duties.

2. This provisional distribution would, however, be subject to such re-adjustments as may be necessary on the basis of the final report of the Commission.

3. The Bill is intended to give effect to the aforesaid recommenda- tions of the Commission.

NEW DELHI;

PRANAB MUKHERJEE.

The 23rd April, 1984.

FINANCIAL MEMORANDUM

Clause 3 of the Bill seeks to substitute the existing section 3 of the Union Duties of Excise /Distribution) Act, 1979 to provide for payment to the States of a part of ttv net proceeds of the Union duties of excise, other than on generation of electricity. It is estimated that the pay- ment to the States during the financial year 1984-85 shall amount to Ks. 3549.89 crores.

2. The Bill does not involve any non-rccurrfng expenditure.

BILL N O. 46 OF 1984

A Bill further to amend the Additional Duties of Excise {Goods of Special

Importance) Act, 1957.

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

of India aB follows:—

1. (1) This Act may be called the Additional Duties of Excise

(Goods of Special Importance) Amendment Act, 1984.

(2) It shall be deemed to have come into force on the 1st day of April,

Short title and com- mence- ment.

1984.

Amend- ment of long title of Act 68 of 1957, 2. In the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (hereinafter referred to as the principal Act), in the long title, for the words, figures and letters "report dated the 28th day of October, 1978", the words, figures and letters "interim report dated the 14th day of November, 1983" shall be substituted.

3. In the principal Act, in the Second Schedule,—

Amend-- ment of Second Schedule.

(a) in paragraph 1J for the words, figures and letters "each of the financial years commencing on and after the 1st day of April, 1979, there shall be paid", the words, figures and letters "the finan- cial year commencing on the 1st day of April, 1984, there shall be paid, provisionally/' shall be substituted;

(b) in paragraph 2, for the words, figures and letters "each ol the financial years commencing on and after the 1st day of April, 1979, there shall lie paid', the words, figures and letters ''the finan- cial year commencing on the 1st day of April, 1984, there shall be paid, provisionally," shall be substituted;

(c) in paragraph 3,—

(0 for the words, figures and letters "each of the financial years commencing on and after the 1st day of April, 1979, there shall be paid", tin; words, figures and letters "the financial year commencing on the 1st day of April, 1984, there shall be paid, pro- visionally," shall be substituted,

(ii) for the Table, the following Table shall be substitute, namely:—

TABLE

Percentage

State

(")

8 oiB Andhra Pradesh

Aaiam

"-397

7 ai9 B i h ar

6.013 G u j a r at

H a r y n na . . . . . . . . . ..

a.789

0.734 H l m a c h al P r a d e ah . . . . . . . ..

J a m mu a nd K a s h m ir . . . . . . . ..

O744

6.081 K a r n a t a ka . . . . . . . . . ..

4 0 19 Kerala ,

6.419 M a d h ya P r a d a ah

M a h a r a s h t ra

13 5°6

0.185

M a n l p ur . . . . . . . . . ..

0,171

M e f h a l a ya

0.084

N a g a l a nd . . . . . . . . . ..

O r l a aa '

3 "G

4.968

P u n j ab •

R a j a s t h an

4 363

0.034 Slkfalm

Tamil Nad*

7,707

Trlpara

0.356 Uttrtr pradeah

10 344 Weat Ilongml

9.091"-

STATEMENT OF OBJECTS AND REASONS

The net proceeds of the additional duties of excise levied under the Additional Duties of Excise (Goods of Speciul Importance) Act, 1957, on sugar, tobacco, cotton fabrics, woollen fabrics and man-made fabrics in. replacement of the States¹ sales-tax on these commodities are distributed in accordance with the provisions of that Act.

2. The Seventh Finance Commission had determined the shares at-

tributable to Union territories and each of the States on the basis of:

(a) in the case of sugar, average despatches of sugar to the Union territories and to each State during the three years ending 1976-77;

(b) in the case of textiles and tobacco, population according to the 1971 census and the- average per capita State domestic product, '

and had indicated percentage shares attributable to Union territories and payable to each State in respect of each commodity. The present distri- bution among the States is governed by those recommendations of the Seventh Finance Commission.

3. The Eighth Finance Commission in its interim report have recom- mended that in respect of the distribution between the Union and the States of the net proceeds of additional duties of excise in lieu of s-ales- tax, the existing arrangements may continue provisionally during the financial year commencing vn the 1st day of April, 1984. The Commission have further recommended that the State of Sikkim should also receive a share from the proceeds of additional duties of excise on textiles in lieu of sales-tax as the levy of sales-tax thereon has been withdrawn by that State and that the percent;ige shares of all States, including Sikkim, in this levy which have been worked out by the Seventh Finance Commission should be applied fuj inter .se distribution in the financial year 1934-85.

4. This Bill seeks to amend the Additional Duties of Excise (Goods of Special Importance) Act, 1957 for giving effect to the above recom- mends l-ions of the Commission.

NEW DELHI;

PRANAB MUKHERJEE.

The 23rd April. 1984.

FINANCIAL MEMORANDUM

Clause 3 of the Bill seeks to amend the Second Schedule to the Addi- tional Duties of Excise (Goods of Special Importance) Act, 1957, to provide for payment to States of their share of additional duties of excise on sugar, tobacco, cotton fabrics, woollen fabrics and man-made fabrics levied and collected under the said Act. In terms of the Act, the entire net proceeds, except the proceeds attributable to the Union territories, arc distributable to the States. It is estimated that the payments to the States on this account during the financial year 1984-85 will amount to Rs. 748.92 crores.

2. The Bill does not involve any non-recurring expenditure.

A Bill to amend the Union Duties oj Excise (Electricity) Distribution An, 1980

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 Union Duties of Excise (Electricity)

Distribution (Amendment) Act, 1984.

Short title and com- mence- ment.

(2) It shall be deemed to have come into force on the 1st day of April, 1984.

2. In the Union Duties of Excise (Electricity) Distribution Act, 1980 (hereinafter referred to as the principal Act), in the long title, for the words, figures and letters "report dated the 2Sth day of October, 1978", the words, figures and letters "interim report dated the 14th day of November, 1983" shall bo substituted,

Amend- ment of long title of Act 14 of 1980.

3. For section 3 of the principal Act, the following section shall be substi-

tuted, namely: —

Substitu- tion of new section for sec- tion 3.

''3. During the financial year commencing on the 1st day of April, 1984,

there shall be paid, out of the Consolidated Fund of India, to the States

sums equivalent to the distributable Union duties of excise on electricity

levied and collected ta that year and those sums shall be distributed, pro-

Payment to States of sums equiva- lent to

visional!), to each of the States specie*} in column (1) of the Table below in such percentage as is set out against It in column (2).

ttu> met pro- ceeds of

union duties of

excise on

electri- city and provi- sional distribu- tion of the sums among them.

TABLE

Percentage

Stmte

( il

0)

Andhra Pradesh

8.51

Aiiam

i. 09

Bihar • .

5-74

Gujarat

9.66

H a r y a na . . . . . . . . . ..

2 49

H l m a c h al P r a d e sh

0 55

1.15

J a t n mu a nd K a s h m ir . . . . . . . ..

7.05 K a r n a t n ka

4 9 a Kerala

7.09 M a d h ya P r a d e sh

M a h a r a s h t ra

. . . . . . . . ..

19 38

0.04

M a n t p ur . . . . . . . . . ..

0.11

M e g h a l a ya

0 04 N a g a l a nd . , .

Orlflsa

3 • 09

Punjab

3 34

Rajasthan

a • 99

0 01 SUdcim

Tamil Nadu

7-7*

0 08 Tripura

Uttar Pradesh

8.17

West Bengal

7-43".

STATEMENT OF OBJECTS AND REASONS

In pursuance of the recommendations of the Seventh Finance Com- mission, during each of the financial years from 1979-80 to 1983-84, the net proceeds of the Union duties of excise on electricity levied and collect- ed in that year were paid out of lhe Consolidated Fund of India to each State (excluding the State of Sikkim) in an amount equal to the collection in or attributable to that State. The percentages in which the sums were to be distributed have been specified in the Union Duties of Excse (Electricity) Distribution Act, 1980.

2. The Eighth Finance Commission in its interim report presented in November, 1983 has recommended that the existing arrangements in respect of the distribution of the Union duties of excise on electricity may continue provisionally during the financial year commencing on the 1st day of April, 1904. It has further been recommended that since the law imposing duty on the generation of electricity has been extended to the Slate of Sikkim, that State shall also be entitled to a share in that duty. These provisional arrangements are, however, of interim nature and would be subject to re-adjustments as may be necessary on the basis of the final report of the Commission.

3. The Bill ^eeks to give effect to the aforesaid recommendation of the Eighth Finance Commission.

NEW DELHI;

PRANAB MUKHERJEE.

The 23rd April, 1984.

FINANCIAL MEMORANDUM

Clause 3 of the Bill which seeks to substitute the existing section 3

of the Union Duties of Excise (Electricity) Distribution Act, 1980 pro- vides for payment to the States of the net proceeds of Union duties of excise levied and collected on generation of, electricity, other than in Union territories, during the financial year 1984-85. It is estimated that the payments to the States during the year would amount to Rs. 99.06 crores.

2. The Bill does not Involve any non-recurring expenditure.

BILL NO. 43 OF 1984

A Bill further to amend the Estate Duty (Distribution) Act, 1962.

BE it enacted by Parliament in the Thirty-fifth Year oil the Republic

of India as follows: —

1. (1) This Act may be called the Estate Duty (Distribution)

Amendment Act, 1984.

(2) It shall be deemed to have come into force on the 1st day of April,

Short

title

and coca

mence-

ment,

1984.

Amend-

ment of

long

title of

Act 9 of

1962.

2. In the long title of the Estate Duty (Distribution) Act, 1962 (hereinafter referred to as the principal Act), for the words, figures and letters "report dated the 28th day of October, 1978", tfce words, figures and letters "interim report dated the 14th day of November, T983" shall be substituted.

3. In section 3 of the principal Act, in sub-section (1),—

(a) for the words, figures and letters "each of the financial years

Amend-

ment of

section 3.

commencing on and after the 1st day of April, 1979", the words, figures and letters "the financial year commencing on the 1st day of April, 1984" shall be substituted;

(b) for the words "be distributed", the \vords "be distributed

provisionally," shall be substituted.

STATEMENT OF OBJECTS AND REASONS

The net proceeds of estate duty in respect of property other than agricultural land levied and collected by the Government of India are to be assigned to the States within which the duty is leviable, and distributed among them in accordance with such principles of distribution as may be formulated by Parliament by law in terms of article 209 of the Consti- tution. The distribution of net proceeds of the duty levied and collected under the Estate Duty Act, 1953 is at present made in terms of the Estate Duty (Distribution) Act, 1962 as amended by the Estate Duty (Distri- bution) Amendment Act, 1979 on the basis of the recommendations of the Seventh Finance Commission. The Eighth Finance Commission, in its interim report dated 14th November, 1983 has recommended that the existing arrangements in respect of the distribution between the Union and the States of the net proceeds of estate duty may continue provisionally during the financial year commencing on the 1st day of April, 1984. This provisional distribution would, however, be subject to such readjustments as may be necessary on the basis of the final report of the Commission. This Bill seeks to amend the Estate Duty (Distribution) Act, 1962 to give effect to the interim recommendations of the Eighth Finance Commission regarding the provisional distribution of the net proceeds of the estate duty of property other than agricultural land, except the proceeds attri- butable to the Union territories, among the States.

NEW DELHI;

PRANAB MUKHERJEE.

The 23rd April, 1984.

SUBHASH C. KASHYAP,

Secretary-General.

n u " i Hi nj( THE GENERAL MANAGER, GOVERNMENT OV INDIA PBBBfl, MOfTO BOAD,

NEW Ml m AND PUBLISHED BY THE CONTROLLER OP PUBLICATIONS, DCLHI, 19)84