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REGISTERED No. D- (D) -72 रजिस्ट्री सं. डी (डो) 72

भारत का राजपत्र

The Gazette of India

असाधारण

EXTRAORDINARY

भाग 11 खण्ड 2

PART II - Section 2

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

नई दिल्ली, बुधवार, मई 9 , 1984/ वैश'ख 19, 1906

सं० 33]

No. 331 NEW DELHI , WEDNESDAY, MAY 9 , 1984 / VAISAKHA 19, 1906

एस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।

Separate paging is given to this Part in order that it may be filed as a separate compilation

LOK SABHНА

The following Bills were introduced in Lok Sabha on the 9th May , 1984:-

BILL NO. 51 OF 1984

A Bill to amend the Levy Sugar Price Equalisation Fund Act , 1976 1 BE it enacted by Parliament in the Thirty - fifth Year of the Republic of India as follows : -

Short title.

1. This Act may be called the Levy Sugar Price Equalisation Fund (Amendment ) Act, 1984.

31 of 1976

2. In section 2 of the Levy Sugar Price Equalisation Fund Act , 1976 (hereinafter referred to as the principal Act ) ,-

Amend- ment of section

(a) in clause ( b ) , the following Explanation shall be inserted and shall be deemed always to have been inserted , namely: -

"Explanation . For the removal of doubts , it is hereby declar- ed that where in relation to levy sugar of any grade sold by any producer , the producer has realised towards duties of excise with respect to such sugar any amount in excess of the amount payable by way of such duties , such excess shall also be deemed to be excess realisation within the meaning of this clause;" ;

(b) for clause ( e ) , the following clause shall be substituted and shall be deemed always to have been substituted , namely : -

10 of 1955 ,

' ( e) " levy sugar " means the sugar requisitioned by the Central Government under clause (f ) of sub - section ( 2 ) of section 3 of the Essential Commodities Act , 1955 : '.

(1) [PART II-

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고

3. In section 3 of the principal Act,-

Amend- ment of section 3 .

(a) in sub - section ( 2 ) , in the opening portion , for the words , bracke.s and figure " provided in sub - section ( 4 ) " , the words , brackets and figure "provided in sub - section (5) " shall be substituted;

(b ) in sub - section ( 3 ) ,-

(2) in the opening portion , for the words , brackets and figure "provided in sub -section ( 4) " , the words , brackets and figure "provided in sub- section ( 5) " shall be substituted;

(ii ) the following proviso shall be inserted at the end . namely:-

"Provided that-

(a) the interest due on so much of any amount of any excess realisation made before the date of commence- ment of the Levy Sugar Price Equalisation Fund (Am- endment ) Act , 1984 , as is not credited to the Fund together with interest at the aforesaid rate of twelve and a half per cent. per annum before the expiry of sixty days from the date of such commencement ; and

(b) the interest due on so much of the amount of any excess realisation made on or after the date of such commencement as is not credited to the Fund together with interest at the aforesaid rate of twelve and a half per cent . per annum within sixty days from the date on which such amount was realised,

shall be at the rate of fifteen per cent, per annum from the date on which such amount was realised by the producer. " ;

(d) in sub - section ( 5) ,-

(i) in the opening portion , for the words , brackets and figure " interim order referred to in sub - section (4 ) " , the words " interim order made by any court , whether before or after the commence- ment of this Act" shall be substituted:

(ii) in the concluding portion . for the words " or in any court of appeal or revision , credit such amount, to the extend it represents any excess realisation , to the Fund" , the following shall be substituted , namely : -

"credit to the Fund, within sixty days from the date of such final disposal such amount , to the extent it repre- sents any excess realisation together with interest due thereon at the rate of twelve and a half per cent . per annum from the date on which such amount was realised by him.

Provided that-

(i) the interest due on so much of such amount as was realised before the date of commencement of the SEC . 21

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Levy Sugar Price Equalisation Fund (Amendment) Act , 1984 and is not credited to the Fund together with inte- rest at the atoresaid rate of twelve and a half per cent . per annum before the expiry 01 sixty days from the date of such coininencement , and

(n) the interest due on so much of such amount as is realised after such commencement and not credited to the Fund together with interest at the aforesaid rate of twelve and a half per cent . per annum within sixty days from the date on which such amount was realised, shall be at the rate of fifteen per cent. per annum from the date on which such amount was realised by the producer ." ;

(e) after sub - section ( 5 ) , the following sub - section shall be insert- ed and shall be deemed always to have been inserted, namely: -

" (5A ) Notwithstanding anything contained in sub- section (5) , the interest payable on the amount of any excess realisation required to be credited to the Fund under that sub -section in respect of any period during winch such amount was by reason of any order of any court held by the producer with any other person or with any court , Government , bank or other authority referred to in cause ( a) of that sub - section , shall be the interest which actually accrued on such amount in respect of such period. " ;

(f ) after sub - section ( 5A) as so inserted , the following sub- sections shall be inserted , namely:-

(5B) Without prejudice to the provisions of sub - section ( 5 ) , any amount representing the difference between the controlied price and the interim price allowed by the court which--

(a) is held by any producer with any other person 01 with any court , Government , bank or other authonty refer- red to in clause ( a) of that sub - section , or

(b ) is under the cover of any guarantee referred to in clause ( b ) of that sub- section ,

shall , as soon as may be after the final disposal of the proceedings of the court aforesaid, be credited , to the extent such amount represents excess realisation together with the interest , if any , which has accrued thereon or been guaranteed in respect thereof, to the Fund by such other person , the court, Government, bank or other authority aforesaid or. as the case may be , by the bank or other person furnishing such guarantee and the amount so credited shall be set off against the amount ( including interest ) required to be credited by the producer under sub - section ( 5 ) .

(5C) The provisions of sub -section (5B ) shall apply in relation to every amount representing the difference between the controlled price and the interim price allowed by the court which , immediately before the commencement of the Levy Sugar Price Equalisation Fund (Amendment ) Act , 1984-

(a) is held by any producer with any other person with any court , Government , bank or other authority men- tioned in clause ( a) of that sub-section , or [PART I-

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(b) is under the cover of any guarantee mentioned in clause ( b ) of that sub - section ,

notwithstanding that the final disposal of the proceedings of the court aforesaid took place before such commencement and for this purpose the reference in that sub -section to " final disposal of the proceedings of the court " shall be construed as a reference to such commencement .

(5D) Where any amount is creditedto the Fund under sub- section ( 5B ) , such crediting shall,--

(a) in a case falling under clause (a) of that sub - section , operate as the discharge of the liability in relation to such amount of the person , court , Government , bank or other authority so crediting the amount ;

(b) in a case falling under clause ( b ) of that sub- sec- tion , have effect a , if it had been made in accordance with the guarantee given by the bank or other person crediting the amount and for this purpose such guarantee shall be deemed to have provided for such crediting . ' .

Amend- ment of section 5.

4. In section 5 of the principal Act, for the words " the producer by whom such amount is credited" , the words " the producer concerned" shall be substituted .

5 In section 6 of the principal Act ,-

Amend- ment of section 6 .

( a) in sub -section ( 1) , in the proviso ,-

( 1) in clause ( b ) , the word " or" shall be inserted at the end and shall be deemed always to have been inserted;

( ii ) after clause ( b ) , the following clause shall be inserted and shall be deemed always to have been inserted , namely: -

" ( c) being a person who is not a wholesale dealer or a retail dealer , had passed on the incidence of such excess over the controlled or fair price of levy sugar to any other person as part of the price of any product in the manufacture of which such sugar has been used or, as the case may be , to the consumer by whom the price of such sugar was paid. " ;

(b) in sub -section (3) , for the words " excess realisation made from him " , the words " excess realisation made from him together with interest ( if any) thereon credited to the Fund" shall be substi- tuted and shall be deemed always to have been substituted.

Amend- ment of section1.

6. In section 11 of the principal Act , for the words " any excess realisa- tions made by him or any part thereof, such excess realisations or such part " , the words " any excess realisation made by him , or any interest due on such excess realisation or any part of such excess realisation or interest, such excess réalisation or such interest or such part " shall be substituted and shall be deemed always to have been substituted.

SEC . 2]

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Amend.. ment of section 13 .

7. In section 13 of the principal Act , in sub -section ( 1 ) , in clause (a) , after the words " any excess realisations made by him or any part thereof" , the words " any excess realisation made by him or any interest due on such excess realisation or any part of such excess realisation or interest" shall be substituted .

Valida- tion and saving.

8. ( 1 ) Notwithstanding any judgment , decree or order of any court , tribunal or other authority , any thing or action done or taken or pur- porting to have been done or taken under the provisions of the principal Act before the commencement of this Act shall , for all purposes , be deemed to be , and to have always been , as validly and effectively done or taken as if the amendments made to the principal Act by section 2, clause (e) of section 3 , section 5 and section 6 had been in force at all material times .

(2) For the removal of doubts , it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if the provisions of section 2 , clause ( e ) of section 3. section 5 , section 6 and sub -section ( 1 ) of this section had not come into force .

[PART I-

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STATEMENT OF OBJECTS AND REASONS

The following are the important amendments which the Bill seeks to make in the Act:-

(a) The definition of " excess realisation " is being amended with retrospective effect to spell out expressly that excess realisation includes not only the excess price charged by the producer but also any amount charged by the producer by way of duties of excise in excess of the amount payable by way of such duties [ vide clause 2 ( a ) of the Bill ] .

(b) The definition of " levy sugar " contained in section 2 of the Act incorporates by reference the meaning assigned to that expres- sion in the Levy Sugar Supply ( Control ) Order, 1972.It is proposed to make the definition self- contained with retrospective effect [ vide clause 2 ( b ) of the Bill ] .

( c) With a view to securing speedy crediting of excess reali- sation to the Fund , the existing rate of interest of 124 per cent . per annum is being allowed only in cases where the excess realisations are deposited within the prescribed period of sixty days from the date of excess realisation or, as the case may be, the final disposal of a case by a court . In cases where the excess realisations are not credited to the Fund within this period , provision is being made for charging interest at the higher rate of 15 per cent . per annum . The concessional rate of interest of 12 per cent . per annum would , however , apply for a period of sixty days from the commencement of the proposed legislation in respect of excess realisations made before such commencement [ vide clause 3 ( b ) ( ii ) and clause 3 ( d) ( ii ) of the Bill ] . It is also being provided with retrospective effect that in respect of any period during which any excess realisation is , by reason of any order of court, held by the producer with any other person or a bank or the Government , the producer will be liable to pay by way of interest only such amount, if any, as has accrued by way of interest in respect of such period [ vide clause 3 ( e) of the Bill].

(d) According to sub - section (4) of section 3 of the Act , during the pendency of proceedings in any court challenging the price fixation order, it shall not be necessary for the producer to credit the difference between the controlled price and the higher price charged to the Fund unless the court which made the interim order so directs . This provision is merely declaratory in nature. How- ever, as arguments have been advanced on the basis of this provi- sion that even after the disposal of the proceedings , the excess realisation as determined in accordance with the decision of the court need not be credited to the Fund unless a specific order to that effect is made by that court, it is proposed to omit the sub- section [ vide sub- clauses ( a) , (b ) and (c) of clause 3 of the Bill ] .

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SEC . 21

( e) At present , the amount representing excess realisations held by a producer with a third party by virtue of an order of court can- not be credited to the Fund directly by such third party as the lia- bility is cast on the producer to credit to the Fund the excess reali- sations . With a view to securing speedy crediting of such amounts to the Fund ( which incidentally would also help the producers con- cerned in reducing their liability towards interest) , provision is being made for crediting of such amounts by such third parties directly to the Fund [ vide sub - clause ( f ) of clause 3 of the Bill ] .

( f) Section 6 of the Act which provides for refund of excess realisation to buyers of levy sugar is intended to be available only to such buyers as had not passed on the incidence of excess price to other persons . It is proposed to make this intention clear with retros- pective effect by providing that refund will not be allowed under the section to buyers of levy sugar who are not dealers but who had passed on the incidence of the excess price as part of the price of any product in the manufacture of which the levy sugar purchased by them had been used or , as the case may be , to the consumer by whom the price of such sugar was paid . The section is also being amended with retrospective effect to provide that refund would be made under the section not only of excess realisation but also of the interest , if any, thereon which has been credited to the Fund [vide clause 5 of the Bill].

(g) Section 11 of the Act which provides for recovery of excess realisation as arrears of land revenue is being amended to provide that interest on excess realisations which is required to be credited to the Fund can also be recovered in the same manner [ vide clause 6 of the Bill].

(h) Section 13 of the Act is being amended to provide for punishment for default in crediting to the Fund any interest on excess realisation [ vide clause 7 of the Bill ] .

2. The Bill seeks to achieve the above objects .

BHAGWAT JHA AZAD .

NEW DELHI;

The 5th May , 1984 .

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

[Copy of letter No. 1-10/ 76 -SPF , dated the 7th May, 1984 from Shri Bhagwat Jha Azad , Minister of State of the Ministry of Food and Civil Supplies to the Secretary- General , Lok Sabha . ]

The President , having been informed of the subject matter of the proposed Levy Sugar Price Equalisation Fund (Amendment) Bill , 1984, recommends the introduction of the Bill in Lok Sabha under article 117 (1) of the Constitution .

[PART

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FINANCIAL MEMORANDUM

Sub - clause ( b ) of clause 5 of the Bill seeks to amend section 6 of the Levy Sugar Price Equalisation Fund Act , 1976 to provide for the refund under that section of interest on excess realisations credit to the Fund . Such refund will be ordinarily made from the Fund itself and would not, therefore , involve expenditure from the Consolidated Fund of India . However, when the amount standing to the credit of the Fund is not suffi- cient to enable the making of refund from the Fund itself, the refund will have to be made from the Central Revenues . Further , in the event of the dissolution of the Fund under section 12 of the Act , the amounts lying to the credit of the Fund will have to be credited to the Central Revenues and any claims for refund thereafter will have to be made from out of the Central Revenues . In these contingencies , expenditure would be involved from the Consolidated Fund of India. As such contingencies would be exceptional , it is not possible to estimate the expenditure , if any, which may be involved by way of refund from the Central Revenues .

The provisions of the Bill do not involve any other expenditure of a recurring or non -recurring nature.

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill does not contain any specific provision for the delegation of legislative power . However , clause 5 ( b ) of the Bill , which seeks to amend section 6 of the Act relating to refund so as to provide also for refund of interest on excess realisations , will have the effect of expanding the scope of clause ( b ) of sub -section ( 2 ) of section 16 of the Act relating to the power to make rules in respect of the form in which an application for refund will be made . As this relates only to a matter of detail , the delegation of addi- tional legislative power involved is of a normal character .

9 THE GAZETTE OF INDIA EXTRAORDINARY

SEC . 21

BILL NO. 52 OF 1984

A Bill to amend the Dowry Prohibition Act , 1961 .

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 Dowry Prohibition (Amendment) Act, 1984.

Short title and commence- ment, (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint ,

28 of 1901 ,

2. In section 2 of the Dowry Prohibition Act , 1961 ( hereinafter refer- redto as the principal Act ) ,--

Amend- ment of section

(a) for the words " as consideration for the marriage of the said 2. parties , but does not include " , the words " in connection with the marriage of the said parties , but does not include " shall be substituted;

(b ) Explanation I shall be omitted .

3. Section 3 of the principal Act shall be renumbered as sub- section (1) of that section and,-

Amend- ment of section 3.

(a) in sub -section (1 ) as so renumbered , for the words "with imprisonment which may extend to six months , or with fine which [PART II-

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may extend to five thousand rupees , or with both" , the following shall be substituted , namely:-

"with imprisonment for a term which shall not be less than six months , but which may extend to two years , and with fine which may extend to ten thousand rupees or the amount of the value of such dowry, whichever is more:

Provided that the Court may , for adequate and special reasons to be recorded in the judgment, impose a sen- tence of imprisonment for a term of less than six months. "

(b ) after sub - section ( 1 ) as so renumbered, the following sub- section shall be inserted, namely:-

"( 2 ) Nothing in sub - section ( 1 ) shall apply to , or in relation

to ,-

(a) presents which are given at the time of a marriage to the bride ( without any demand having been made in that behalf) :

Provided that such presents are entered in a list main- tained in accordance with the rules made under this Act ;

(b) presents which are given at the time of a marriage to the bridegroom ( without any demand having been made in that behalf ) :

Provided that such presents are entered in a list main- tained in accordance with the rules made under this Act :

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value there- of is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.".

4. For section 4 of the principal Act , the following section shall be substituted , namely :-

Substitu- tion of section 4 .

Penalty for demand- ing dowry .

"4. If any person demands , directly or indirectly , from the parents or other relatives or guardian of a bride or bridegroom, as the case may be , any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months ." .

5. In section 6 of the principal Act ,-

Amend- ment of section 6.

(a) in sub - section ( 1 ) , for the words " one year " , wherever they occur, the words " three months " shall be substituted ;

SEC . 2 ]

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(b) for sub -section (2 ) , the following sub- section shall be sub- stituted , namely :-

" ( 2) If any person fails to transfer any property as required by sub - section (1 ) within the time limit specified therefor, he shall be punishable with imprisonment for a term which shall not be less than sıx months , but which may extend to two years or with fine which may extend to ten thousand rupees or with both.";

" (3A ) Where a person convicted under sub - section ( 2 ) for failure to transfer any property as required by sub - section ( 1 ) has not , before his conviction under that sub - section , transfer- red such property to the woman entitled thereto or, as the case may be , her heirs , the Court shall, in addition to award- ing punishment under that sub -section , direct , by order in writing , that such person shall transfer the property to such woman or, as the case may be, her heirs within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified , an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or , as the case may be , her heirs ." .

6. (For section 7 of the principal Act, the following section shall be substituted , namely: -

Substi- tution of section 7 .

2 of1974

' 7. (1 ) Notwithstanding anything contained in the Code of Crimi- nal Procedure, 1973 ,-

Cogni- zance of offences .

(a) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;

(b) no court shall take cognizance of an offence under this Act except upon-

(1) its own knowledge or a police report of the facts which constitute such offence , or

(n) a complaint by the person aggrieved by the offence or a parent or other relative of such person, or by any recognized welfare institution or organisation ;

(c) it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authe- rised by this Act on any person convicted of any offence under this Act .

Explanation . For the purposes of this sub -section , "recognized welfare institution or organisation " means a social welfare institu- tion or organisation recognized in this behalf by the Central State Government . ΟΙ [PART II

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2 of 1974.

(2) Nothing in Chapter XXXVI of the Code of Criminal Pro- cedure , 1973 , shall apply to any offence punishable under this Act. ' .

7. For section 8 of the principal Act , the following section shall be substituted , namely: -

Substitu- tion of section 8 .

2 of 1974 .

"8. (1 ) The Code of Criminal Procedure , 1973 shall apply to offences under this Act as if they were cognizable offences-

(a) for the purposes of investigation of such offences ; and

(b) for the purposes of matters other than-

(i) matters referred to in section 42 of that Code; and

(ii) the arrest of a person without a warrant or without an order of a Magistrate .

Offences to be cogniza- ble for certain purposes and to be ball- able and non- com.pound. able.

(2) Every offence under this Act shall be bailable and non- compoundable ." .

8. In section 9 of the principal Act , sub-section (2) shall be renumber- ed as sub- section (3) thereof, and,-

Amend- ment of section 9.

(a) before sub - section ( 3) as so renumbered , the following sub -section shall be inserted , namely :-

" ( 2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the form and manner in which , and the persons by whom, any list of presents referred to in sub - section ( 2 ) of section 3 shall be maintained and all other matters con- nected therewith ; and

(b ) the better co -ordination of policy and action with respect to the administration of this Act ." ;

(b ) in sub -section (3) as so renumbered, for the words " two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following " , the words " two or more successive sessions , and if, before the expiry of the session immediately following the session or the successive sessions afore- said " shall be substituted.

13 THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2]

STATEMENT OF OBJECTS AND REASONS

The evil of dowry system has been a matter of serious concern to every one in view of its ever- increasing and disturbing proportions . The legislation on the subject enacted by Parliament , i.e. , the Dowry Prohibition Act, 1961 and the far - reaching amendments which have been made to the Act by a number of States during the seventies have not succeeded in containing the evil. As pointed out by the Committee on the Status of Women in India , the educated youth is grossly in- sensitive to the evil of dowry and unashamedly contributes to its per- petuation . Government has been making various efforts to deal with the problem . In addition to issuing instructions to the State Govern- ments and Union territory administrations with regard to the making of 'horough and compulsory investigations into cases of dowry deaths and stepping up anti - dowry publicity , Government referred the whole matter for consideration by a Joint Committee of both the Houses of Parliament . The Committee went into the whole matter in great depth and its proceedings have helped in no small measure in focussing the attention of the public and rousing the consciousness of the public against this evil .

2. The following observations made by late Pandit Jawaharlal Nehru which have been quoted by the Committee indicate the role which legislation can play in dealing with the evil : -

"Legislation cannot by itself normally solve deep - rooted social problems . One has to approach them in other ways too , but legis- lation is necessary and essential , so that it may give that push and have that educative factor as well as the legal sanctions behind it which help public opinion to be given a certain shape ."

The recommendations made by the Joint Committee of the Houses to examine the question of working of the Dowry Prohibition Act , 1961 have been considered keeping in view these observations and after taking into consideration the comments received on the Report from the State Governments , Union territory administrations and the diffe- rent administrative Ministries of the Union concerned with the matter. One of the important recommendations of the Committee for dealing with cruelty to a married woman by the husband or the relatives of the husband on the ground of non - receipt of dowry or insufficient dowry has already been given effect to by the Criminal Law ( Second Amendment) Act, 1983. This Act amended, inter alia , the Indian Penal Code to include therein a' provision for punishment for cruelty to married women and was aimed at dealing directly with the problem of dowry suicides and dowry deaths .

3. The Joint Committee has recommended that the definition of " dowry" contained in section 2 of the 1961 - Act should be modified by omitting the expression " as consideration for the marriage " used therein on the ground that it is well nigh impossible to prove that anything given were a consideration for the marriage for the obvious and simple reason that the giver ie. , the parents who are usually the victims woul 14

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[PART II

be reluctant and unwilling to set the law in motion . The omission of the words " as consideration for the marriage " would make the definition not only wide but aiso unworkable , for , if these words are omitted, anything given, whether before or after or at the time of marriage by any one , may amount to dowry. The Supreme Court has also placed a liberal construction on the word " dowry " as used in section 4 of the Dowry Prohibition Act, 1961 , relating to demanding dowry . In the circumstances , it is proposed to substitute the words " in connection with the marriage " for the words " as consideration for the marriage " instead of omitting those words .

4. Section 3 of the Dowry Prohibition Act relating to the offences of giving or taking of dowry is being amended in accordance with the recommendations of the Joint Committee to make the punishment for the offence more stringent . All presents given at the time of marriage to the bride and certain types of presents given at the time of marriage to the bridegroom are proposed to be excluded from the purview of the offences under the section . However , the recommendations of the Com- mittee for exempting the giver of dowry from punishment is not being given effect to as such exemption may only prove to be counter- productive .

5. Section 4 of the Dowry Prohibition Act relating to penalty for de- manding dowry is proposed to be amended to make the punishment thereunder more stringent on the lines recommended by the Joint Com- mittee .

6. Section 6 of the Act is being amended in accordance with the re- commendation of the Joint Committee , to reduce the time limit within which dowry received in connection with the marriage of a woman by any other person should be restored to the woman from one year to three months . Likewise , the punishment for failure to restore such dowry within the said time limit is being made more stringent on the lines re- commended by the Committee . Under a special provision which is being included in section 6 where a person is convicted for failure to restore the dowry to the woman concerned within the period specified in the section , the court may, in addition to awarding punishment , issue a direction requiring him to restore the property to the woman within the period specified in the direction . In case of non-compliance with the direction, the value of the property would be recoverable from such person as if it were a fine and the amount so recovered may be paid to the woman concerned or , as the case may be , her heirs .

7. Sections 7 and 8 of the Dowry Prohibition Act are proposed to be amended to give effect to the recommendations of the Committee as to cognizance of offences under the Act and making offences under the Act cognizable.

8. The Bill seeks to achieve the above objects .

JAGANNATH KAUSHAL .

NEW DELHI:

The 9th May , 1984 .

SEC. 2]

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MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 8 of the Bill seeks to amend section 9 of the Dowry Prohibition Act, 1961 relating to the power of the Central Government to make rules for the purpose of specifying in particular certain matters in respect of which rules may be made under the section. These relate to the form and manner in which , and the person by whom, any list of presents referred to in sub - section ( 2) of section 3 shall be maintained and all other matters connected therewith and the better co - ordination of policy and action with respect to the administration of the Act . These are matters of detail . The delegation of legislative power involved is , there- fore, of a normal character .

SUBHASH C. KASHYAP ,

Secretary-General .

PRIRINTED BY THE GENERAL MANAGER , GOVERNMENTNT OF INDIA PRESS , MINTO ROAD , DELHI AND PUBLISHED BY THE COCONTROLLER OF PUBLICATIONS , DELHI , 1984 NEW