रोजस्ट्री सं . डी-( डी ) -72
REGISTERED No. D-( D) -72
भारत का राजपत्र
The Gazette of India
असाधारण
EXTRAORDINARY
भाग II खण्ड 2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं 13]
नई दिल्ली, शुक्रवार 10 अगस्त, 1984/ श्रावण 19 , 1906
No. 431
NEW DELHI, FRIDAY, AUGUST 10, 1984 /SRAVANA 19, 1906
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सकें ।
Separate poging is given to this Part in order that It maybe filed as a separate compilation
LOK SABΗΛ
The following Bills were introduced in Lok Sabha on the 10th August , 1984: -
BILL NO . 64 OF 1984
A Bill to regulate employment of child labour .
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 Regulation of Employment of Child Labour Act , 1984 .
(2 ) It extends to the whole of India.
(3) It shall come into force at once.
Short title, extent and com- mence- ment.
2. In this Act , unless the context otherwise requires ,-
Defini tions.
(a) ' child' means a person who has not completed eighteen ears of age;
(b ) 'hazardous' , in relation to an occupation or job, means any occupation or job which has a tendency to cause physical or mental harm to the health of children employed in the job ,
(1) 2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART I-
3. No child shall be employed in any job which is hazardous .
Prohibi- tion on employ- ment of children in hazar- dous job .
4. No child shall be employed in any occupation for more than five hours in a day .
Restric- tion of working hours .
5. A child shall be entitled to same wages as are payable to othe. workmen in the concerned industry:
Provided that the take home pay of the child shall be proportionate to five hours of work .
Payment ofwages equal to wagesof other workmen.
Creation ofChild Labour Welfare Fund.
6. (1) The wages for three hours a day in respect of every child labour calculated in proportion to eight hours of work a day shall be contributed by the employer to a central fund to be called the Chita Labour Welfare Fund which shall be created and administered by the Central Government .
(2) For each sum of money received in the Child Labour Welfare Fund from an employer in respect of a child labour , the Central Gov- ernment shall make a matching contribution .
7. The Child Labour Welfare Fund shall be utilised to set up institu- tions for general education and vocational training of all such children as are covered under this Act .
Institu- tions for education and training ofchild labour,
Power to make rules .
8. The Central Government may, by notification in the Official Gazette, make rules in regard to the attendance of children in the institutions set up under section 7.
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2]
3
STATEMENT OF OBJECTS AND REASONS
All efforts either to abolish or regulate child labour in India have so far not yielded adequate results . While, on the one hand, parents send their children to work even before they enter their teens , on the other , the employers , particularly those in the unorganised sector , tend to exploit the poverty of the people and secure the services of the children for a pittance .
The Bill seeks to regulate the employment of child labour , firstly , by defining a child as a person who has not attained eighteen years of age and , secondly , it provides for payment of a wage to a child that is equal to the wage paid in the industry to a workman, thereby providing a disincentive to the employment of child labour. Though the hours of work for a child have been reduced to five , and the child would receive a wage proportionate to the hours worked , the employer is obliged to contribute three hours ' wage to a central fund to be created for the purpose of setting up of educational and vocational training institutions to provide training to the children who are employed in any sector of industry .
NEW DELHI;
GEORGE FERNANDES
June 30 , 1984 .
[PART - THE GAZETTE OF INDIA EXTRAORDINARY
4
FINANCIAL MEMORANDUM
Clause 6 of the Bill provides for contribution by the Central Govern- ment to the Child Labour Welfare Fund at the rate of three hours wages payable to each of the child labour . Administration of the Fund by the Central Government will also involve some expenditure . An annual recurring expenditure of rupees ten crores is likely to be incur- red from the Consolidated Fund of India .
A non- recurring expenditure of about rupees five lakhs is also likely to be incurred from the Consolidated Fund of India.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 8 of the Bill empowers the Central Government to make rules for attendance , etc. of children in the institutions to be set up by the Central Government under clause 7 of the Bill . The matters in respect of which rules may be made will relate to administrative details only and as such the delegation of legislative power is of character . a normal THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 21
5
BILL NO . 58 OF 1984
A Bill to prevent misuse of religious
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 Prevention of Misuse of Religious Places Act, 1984.
(2) It extends to the whole of India .
Short title, extent and com- mencement.
(3 ) It shall come into force on such date as the Central Government may , by notification in the Official Gazette , appoint .
2. The use of all religious places such as Gurdwaras , Mandirs , Mosques and Churches and the places belongingto or connected with such re- ligious places for storing of arms and ammunition shall be prohibited.
Prombition onstoring of arms inreligious places.
3. The religious places shall not be used for giving protection to persons declared to be criminals or anti - national under the law.
Religious placesnot to give protection to criml- nals, etc.
4. (1) All religious places shall be inspected regularly by a Com- mittee, constituted by the Central Covernment, consisting of represen- tatives of various communities .
Constitu tionof Committe to Inspect teligious places.
(2) The Committee shall submit its report to the Central Govern- ment once in a year and the report of the Committee shall be laid on the Table of both Houses of Parliament .
5. The Committee shall be held responsible for the misuse of a reli- gious place, if the Committee does not report about such misuse to the Central Government .
Committee to bo res- ponsible for misuse ofreligious places.
6
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
STATEMENT OF OBJECTS AND REASONS
In the recent happenings in Punjab , large number of arms and ammu- nition and their manufacturing units have been unearthed during the military action . These arms were stockpiled in the vicinity of Golden Temple and were being used against innocent people. There was an arms manufacturing unit in the Golden Temple . Arms were also obtain- ed from various other countries and dumped there in the name of God. The situation was so grave that Government had no other alternative but to allow the entry of armed forces in such places . If timely action had not been taken by the Government, the whole country would have been put to danger . The misuse of religious places by extremists and criminals has shown that in the name of religion these places were used by anti - national activities . To avoid such recurrence in future , it is high time that a legislation is enactedto put a han on dumping of arms. and providing shelter to extremists and criminals in religious places .
Hence this Bill,
B. V. DESAI .
NEW DELHI;
June 30 , 1984.
FINANCIAL MEMORANDUM
Clause 4 of the Bill provides for the constitution of a Committee , consisting of representatives of various communities , by the Central Government to inspect all religious places regularly . There will be some expenditure on travelling, etc. by the Committee. The Bill, if enacted, will therefore , involve expenditure from the Consolidated Fund of India . It is likely to involve a recurring expenditure of about rupees two lakhs per annum.
It in also likely to involve a non -recurring expenditure of about rupee fifty thousand.
7 THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
BILL NO . 61 OF 1984
A Bill to consolidate and amend low relating to the grant of Pension , gratuity and dearness allowance payable by the Central Covernment to its employees , or their dependents , on retirement , voluntary or otherwise , or on death of the Government Servant .
BE it enacted by Parliament in the Thirty- fifth Year of the Republic of India as follows: -
CHAPTER I
PRELIMINARY
1. (1 ) This Act may be called the Indian Pensions Act , 1984 . Short
title, ap-
(2) It shall apply to all the employees of the Central Government plication
and com-
but shall not apply to persons serving in All India Services or in any mence-
wing of the Armed Forces of the country or whose pensionary and other ment .
benefits are governed by a separate Act of Parliament .
(3) It shall come into force at once.
3
「PARTI
THE GAVETTE OF INDIA EXTRAORDINARY
2. In this Act , unless the context otherwise requires ,-
Defini tions .
(a) " dependents " means and include a wife, husband , parents, child , minor bro her , unmarriel sister , deceased son's widow and children and where no parent is alive , a paternal grand parent;
(b) " emoluments " include salary and dearness allowance and other allowances paid to an officer or servant ;
(c) "pen: ioner " means and includes a person , who served the Central Government and has retired or retires voluntarily or other- wise after this Act comes into force , and is getting or hereafter becomes entitled to get a pension nder this Act ;
(d) " pension" means the emoluments being paid or hereafter become payable to a Central Government servant on retirement and includes the amount of dearness allowance, by whatever name it may be called . payable to the pensioners;
(e) "salary" includes monthly pay and allowances other than the dearness allowance paid to an officer or servant .
CHAPTER II
RIGHTS TO PENSION , GRATUITY AND DEARNESS ALLOWANCE
3. Every officer or servant of the Central Government , who has com- pleted five years of service , shall , on retirement owing to infirmity or invalidation , be entitled to get gratuity as hereinafter provided in section 5.
Gratuity onretire- ment owingto infirmity or invali- dation.
4. An officer or servant of the Central Government , who retires or is retired after completion of ten years of service , shall be entitled to get gratuity , pension and dearness allowance as provided hereinafter in sections 5, 6 and 7 respectively.
Gratuity, pension, etc. on rotire- ment on comple- tion of ten years of service .
Payment of gratuity.
5. An officer or servot of the Central Government , who retires in the manner indicated in sections 3 or 4 shall for every five years of service or part thereof be paid gratuity at five times the average monthly emoluments drawn by him during the last three months of that period:
Provided that the amount of gratuity payable shall in no case be less than twelve times and more than twenty times the average monthly emolu- ments aforesaid .
Payment of penslon.
6. An officer or servant of the Central Government shall on retire- ment under section 4 be paid monthly pension of an amount equal to two- thirds of the salary drawn by the officer or servant concerned in the last vmonth immediately preceding the date of bir retirement, or the average salary drawn by him during the last six monthe preceding his retirement, whichever is more.
9 SEC . 2]
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Payment ofdear. ness al lowance.
7. In addition to the pension payable under section 6, an officer or servant of the Central Government shall on retirement under section 4 , be also paid the same dearness allowance from time to time on the amount of pension granted under section 6, as is paid to the officers or servants serving under the Central Government .
CHAPTER III
GRATUITY, PENSION AND DEARNESS ALLOWANCE PAYABLE TO
DEPENDENTS
8. If an officer or servant of the Central Government dics while in service , his dependents shall be paid for a period of twelve years the same amount of gratuity, pension and dearness allowance as the officer or ser- vant would have got on retirement under sections 3 and 4 .
Payments todepen- dents in case of death while in service .
9. If an officer or servant of the Central Government dies after retire ment , his surviving widow shall be paid, till she survives , the same amount of pension and dearness allowance as the officer or servant would have received during his life time .
Payment to widow in case of death after re- tirement.
10. If an officer or servant of the Central Government dies within fit- teen years of his retirement and has left no surviving widow, his other de- pendents shall be paid for the remaining period of fifteen years the same amount of pension and dearness allowance , which the officer or servant would have received had he been living .
Payment to depen- dents in case of death within fifteen years of retire- ment.
CHAPTER IV
MISCELLANEOUS PROVISIONS
Commu- tation of pension.
11. (1) If a retired officer or servant of the Central Government de- sires to commute part of the amount of monthly pension payable to him under section 6, he shall give a written notice to this effect to the Govern- ment.
(2) On receipt of the aforesaid notice , the Central Government shall pay to the officer or servant an amount, which shall be two hundred and fifty times the amount of pension payable to him:
Provided that not more than half the amount of the monthly pension payable under section 6 of the Act shall be allowed to be commuted .
12. The officers or servanis of the Central Government , who have re- tired before the coming into force of this Act, shall, from the date of its commencement , be paid in addition to the amounts of their monthly pen- sion, the same amount of dearness allowance on the amount of pension drawn by them as is paid from time to time to officers or servants serving ander the Government .
Payment of dear- ness al- lowance to pension- ers who retired before com- mence- ment of thisAct 10
[PART I-
THE GAZETTE OF INDIA EXTRAORDINARY
13. The provisions of sections 8, 9, 10 and 11 shall apply to all offi- cers or servants of the Central Government who have retired before the coming into force of this Act .
Applica- tion of sections to 11 to pension- ers who retired before com- mence- ment of this Act.
14. (1 ) An officer or servant of the Central Government may at any time while in service nominate any one or more of his dependents to receive after his death the gratuity , pension and dearness allowance payable under this Act and payment to such a nominee shall relieve the Government of all liabilities arising out of any claim under this Act .
Nomina tion of depen- dents for purposes ofgra- tuity, pensions, etc.
(2) In the event of the officer or servant having failed to nominate any of his dependents as aforesaid , the Government shall cause en- qufries to be made to find out if the deceased has left any dependents , and if so, shall pay to such dependent whatever is admissible under this Act.
15. No amount of gratuity , pension , or dearness allowance payable under this Act shall be liable to seizure or attachment by any Court .
Immunity from seizure or attach- ment .
Medical or educa- tional facilities.
16. In addition to the amount of gratuity, pension, or dearness al- lowance payable under this Act , all officers or servants of the Central Gov- ernment shall on retirement be given the same medical and educational facilities as are given from time to time to serving officers or servants of the Central Government.
Repeal of Act XXII of1871,
17. The Pensions Act , 1871 , and all rules , regulations or orders under which pensions are so far being paid to Central Government officers or servants are hereby repealed from the date this Act comes into force .
II THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
STATEMENT OF OBJECTS AND REASONS
The present pension rules do not meet the genuine demand of Gov- ernment pensioners . These were framed during the British times . The Government of India has revised them but still they do not provide for adequate pension, gratuity and dearness allowance to dependents . Commutation scheme also does not take into consideration the changes in expectancy of life.
Governments in Europe , America and Asia have changed pension rules and regulations many a time by appointing Commissions . The Government of India has so far not done it.
In spite of sharp rise in cost of living , the pensioners have not been paid adequate dearness allowance .
It is essential that statutory provisions should be made to regulate these matters .
Hence this Bill ,
MADHU DANDAVATE.
NEW DELHI;
July 4 , 1984 [PART I-
THE GAZETTE OF INDIA EXTRAORDINARY
12
FINANCIAL MEMORANDUM
Clauses 5 , 6 , 7, 8 , 9, 10 , 12 and 13 of the Bill provide for payment of adequate pension , gratuity and dearness allowance to Central Govern- employees and their dependents . Clause 11 gives a revised pro- cedure for commutation of pension. Clause 16 provides for medical and educational facilities for retired Central Government employees . ment
The actual expenditure which the Central Government would be required to incur from the Consolidated Fund of India for implementing, the provisions of this Bill cannot be correctly estimated, but it is likely to be about rupees one crore per year .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
13
BILL NO. 59 OF 1984
A Bill to prevent the encroachments on land in the name of religion
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 Removal of Encroachments on Short
Land in the name of Religion Act , 1984. title,
extent
(2) It extends to the whole of India . and com-
mence-
(3) It shall come into force on such date as the Central Government ment.
may, by notification in the Official Gazette, appoint .
2. For the purposes of this Act , "religious place" means a gurdwara , Defini-
mandir, masjid, church or any other place of worship and includes any tion.
place used or intended to be used for any religious purpose or for any
purpose declared to be religious .
3. Any religious place established or constructed on any land ecquired Religi-
by encroachments on public or private land or any encroachment on any ous places
public or private land in the name of religion shall be removed by the on encroaа-
Government immediately . ched land
to be re-
moved.
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[PART II- 14
4. A religious place can be constructed only on the land allotted by the Central or the State Government , as the case may be , for the purpose .
Religious places to be construct- ed on land allotted by Gov- ernment.
5. The Central or the State Government, as the case may be, may allot land construction of a religious place where it is considered by the Government to be desirable to establish a religious place .
Govern. ment may allot land for religi- ous places .
6. Any encroachment on land , allotted by the Central or the State Government , as the case may be , under section 5 , for construction of a religious place , shall be removed by the Government .
Encroa- chments on land allotted for reli- glous places tobe removed.
7. Any religious place set up by a person or organisation on any land, which has not been allotted by the Government for the specific purpose of establishing a religious place , shall be removed by the Government.
Religi. ous places onprivate land to be removed.
SEC, 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
15
STATEMENT OF OBJECTS AND REASONS
In the name of religion a number of gurdwaras , mandirs , masjids and churches have been set up in almost all parts of the country without taking any prior permission from the Government with the result that the Govern- ment could not later on demolish the same because of the religious sanctity attached to them . The people have acquired huge land in the name of religion . Although Government has been making all arrangements in the new colonies and is carmarking lands for establishment of religious places , illegal construction of such places on private land or land acquired by encroachments on public or private land has been increasing with the result that some of these places are being later on misused by the people in the name of religion . Therefore , this Bill seeks to provide for the removal of religious places constructed on encroached land. It also pro- vides that the religious places shall be constructed only on the land allotted by the Government for that purpose and prohibits any encroachment on such land . It also prohibits establishment of such places by any person on private land.
B. V. DESAI NEW DELHI;
July 10 , 1984.
SUBHASH C. KASHYAP ,
Secretary-General .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI, 1984