Bills

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—22 REGISTERED NO. DL—(N)04/0007/2003—22 सी.जी.-डी.xएxलx.G-अI.D-2H20x4x2x022-235314 CG-DL-E-22042022-235314 xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx [k.M II — 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lña ubZ fnYyh] 'kqØokj] vizSy 1] 2022@pS= 11] 1944 ¼'kd½ 11] No. 11] NEW DELHI, FRIDAY, APRIL 1, 2022/CHAITRA 11, 1944 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. RAJYA SABHA ———— The following Bills have been introduced in the Rajya Sabha on the 1st April, 2022:— I BILL NO. XIV OF 2022 A Bill further to amend the Constitution of India. BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2022. Short title and commencement. (2) It shall come into force with immediate effect. 2. In article 153 of the Constitution, the proviso shall be omitted. Amendment of article 153.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Substitution of 3. For article 155 of the Constitution, the following article shall be substituted, new article for namely:— article 155. Election of “(1) The Governor of State shall be elected by the members of an electoral college Governor. consisting of;— (a) the elected members of the Legislative Assembly of the State; and (b) the elected members of the Gram Panchayats, Municipalities and Corporations of the State. Explanation.—(1) For the purposes of this article "State" includes the National Capital Territory of Delhi and the Union Territory of Puducherry. (2) The election of the Governor shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.” Substitution of 4. For article 156 of the Constitution, the following new article shall be substituted, new article for namely:— article 156. Term of office “(1) The Governor shall hold office for a term of five years from the date on which he of Governor. enters upon his office: Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The Governor may, by writing under his hand addressed to the Speaker of the State Legislative Assembly, resign his office. (3) The Governor may be removed from his office by a resolution of the Legislative Assembly of the State passed by a majority of not less than two-thirds of the members of Assembly present and voting.”SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 STATEMENT OF OBJECTS AND REASONS Governor is the head of the executive of the State Government and holds immense dignity. The stature and dignity of the office require that the person who holds such a position enjoys the legitimate support of the people and be accountable to the people of the State. 2. The States in India through the long decades of evolution have emerged as stable political entities. To appoint the Head of the State Governments through executive orders is antithetical to the spirit of democracy and federal spirit. 3. Seven decades of political evolution demands that the highest offices of the country reflect the spirit of the age. The Bill seeks to achieve the above objects. DR. V. SIVADASAN4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— II BILL NO. XXII OF 2022 A Bill to provide for right to land and shelter so as to ensure the realization of constitutionally guaranteed rights of dignity and opportunity to all citizens who are devoid of land and shelter, and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, 1. (1) This Act may be called The National Right to Land and Shelter Act, 2022. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force at once.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 2. In this Act, unless the context otherwise requires,— Definitions. (a) "adult citizen" means a citizen who has attained the age of eighteen years; (b) "family" includes the adult citizen, his/her spouse, minor children and minor siblings dependent on him/her; Provided that divorcees and widows shall be considered separate families; Explanation.—The criteria for selection of the families to be covered under this Act in a State shall be prescribed by the State Commission; (c) "land" means plot of land for dwelling and livelihood purposes of a family that is not shared in common with any person other than a person belonging to the same family; (d) "landless and homeless citizen" means a citizen who does not legally own a house and land including those who legally own less than ten cents (10 cents = 404.6 square meter) of land; (e) "National Commission" means the National Land and Shelter Commission established under section 3 of this Act; (f) "notification" means a notification published in the official Gazette; (g) "prescribed" means prescribed by rules made under this Act; (h) "shelter" means a dwelling unit comprising of at least one living room and bed room each; one kitchen and one toilet; and (i) "State Commission" mean the State Land and Shelter Commission established under section 12 of this Act. 3. (1) Every adult citizen shall have the right to hold land of not less than ten cents as National right provided under this Act. to land and shelter. (2) Every family of an adult citizen shall have the right to own a house with carpet area of not less than six hundred square feet, as provided under this Act. (3) The right to land and shelter shall be ensured to the identified eligible citizens by the National Commission or the State Commission within a time period of three years from the commencement of this Act. 4. The provisions of section 3 shall be implemented in all the districts of the States and Ensuring the Union Territories within a period of three years. right to land and shelter. 5. All the landless and homeless citizens shall be eligible to apply and get land and Eligibility. shelter, in such manner as may be prescribed. 6. The title to the land and shelter shall be granted in the name of the citizen who is Title. granted land and shelter under this Act. CHAPTER II NATIONAL RIGHT TO LAND AND SHELTER COMMISSION 7. (1) For the purposes of giving effect to the provisions of section 3, the Central Constitution Government shall within four months from the date of commencement of this Act, constitute and composition a National Land and Shelter Commission for providing land and shelter to every landless and of National homeless citizen of the country, as provided under this Act. Land and Shelter (2) The National Commission shall consist of not less than eleven members, as Commission. follows:— (i) one retired judge of the Supreme Court—Chairperson;6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) the Minister in charge of the welfare of Scheduled Castes and Scheduled Tribes in the Central Government—Member ex-officio; (iii) one reputed lawyer of the Supreme Court or an eminent legal scholar— Member; (iv) an officer of the rank not less than that of a Secretary of the Central Government—Member; (v) one social scientist of repute and experience—Member; (vi) five representatives of the State Governments to be nominated in such manner as may be prescribed—Members; and (vii) one eminent social activist—Member. (3) The salaries and allowances payable to, and the terms and conations of service of the Chairperson and Members of the National Commission shall be such as may be prescribed. Power to 8. (1) The National Commission shall have powers to recommend to the Central acquire land. Government to acquire land, if needed, for the purposes of this Act. (2) The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to any land which is 30 of 2013. acquired as specified in sub-section (1). Responsibilities 9. The National Commission shall for the purposes of this Act,— of National Commission. (1) recommend to Central Government, the grants due to the State Governments for enforcing the provisions of the Act; (2) recommend regulations, rules and directions for enforcing the Act; and (3) oversee the implementation of the provisions of this Act in such manner as may be prescribed. CHAPTER III STATE RIGHT TO LAND AND SHELTER COMMISSION Constitution 10. (1) For the purposes of giving effect to the provisions of section 3, every State and Government shall within four months from the date of commencement of this Act, constitute composition a State Land and Shelter Commission for providing land and shelter to every landless and of State Land homeless citizen in the State. and Shelter Commission. (2) The State Commission shall consist of not less than seven members as follows:— (i) one retired judge of the High Court of the State—Chairperson; (ii) the Minister in charge of the welfare of Scheduled Castes and Scheduled Tribes in the State Government—Member ex-officio; (iii) one reputed lawyer or an eminent legal scholar—Member; (iv) an officer of the rank not less than that of a Principal Secretary of the State Government—Member; (v) one social scientist of repute and experience—Member; (vi) one representative of the Local Self-Government of the State—Member; and (vii) one eminent social activist—Member. (3) The salaries and allowances payable to, and the terms and conations of service of the Chairperson and Members of the State Commission shall be such as may be prescribed. Identification 11. (1) The State Commission shall identify and prepare an inventory of all the available and acquiring and suitable Government land such as ceiling surplus land; non-utilized land acquired for of land. industry; land on which the lease has expired and other lands.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 (2) The land identified under sub-section (1) shall be acquired by the State Government and made available to the State Commission for distribution in such manner as may be prescribed. (3) The provisions of the Right to Fair Compensation and Transparency in Land 30 of 2013. Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to any land which is acquired as specified in sub-section (2). 12. (1) The State Commission shall for the purposes of this Act,— Responsibilities of State (i) identify the available suitable land for allotment; Commission. (ii) formulate the procedure for selection of beneficiaries; (iii) decide upon the details of social audit to be conducted; (iv) allot and provide titles and deliver possession of the land and shelter to all eligible families in the State; (v) establish a grievance redressal mechanism to address grievances arising out of the allotment or implementation of the right to land and shelter, including appeals by citizens who believe they have been wrongly excluded from the list of land and shelter recipients; and (vi) formulate a procedure for wide consultation and co-operation of the Local Self-Governing Bodies, for implementation of the provisions of this Act. (2) The provisions of the Right to Fair Compensation and Transparency in Land 30 of 2013. Acquisition, Rehabilitation and Resettlement Act, 2013 shall apply to any land which is acquired as specified in sub-section (2). CHAPTER IV MISCELLANEOUS 13. The Central Government shall, after due appropriation made by Parliament by law Central in this behalf, provide requisite funds to the State Governments, from time to time, for Government to provide carrying out the purposes of this Act. funds. 14. (1) The Central Government may by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) The State Governments may by notification in the State Gazette, consistent with this Act and the rules may be the Central Government, make rules for carrying out the purposes of this Act. (3) Every rule made by the Central Government under this section shall be laid, as soon as may be after it is made, befor 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, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In a society revaged by class and caste inequalities, having a piece of land as one's own often holds the key to self-respect and survival. It is unfortunate that the history of land reforms in many States is a history of betrayal of the oppressed, with the powerful elites retaining their position at the top of the socio-economic hierarchy. 2. As a consequence, landlessness continues to be a defining feature of life in rural and urban India. There are various estimates of landlessness in India as definitions vary. But it is estimated that in terms of the availability of 'land to live' rather than 'land to reside', more than 40% of rural households in India are landless. 3. Without land, a person can never exercise to right to life fully and right to a decent residence has been held a part of right to life by various judicial decisions. Thus providing statutory guarantee to this right will be an essential step to ensure that citizens can fully enjoy their fundamental rights. 4. The National Right to Land and Shelter Act, 2022 will make sure that every landless family in India will have the right to ten cents of land. The Government will constitute such mechanism to ensure that the Act is implemented within three years of the passage of the Act. Hence, this Bill. DR. V. SIVADASANSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 FINANCIAL MEMORANDUM Clauses 7 and 10 of the Bill provides for constitution of the National Land and Shelter Commission and State Land and Shelter Commission, respectively to carry out the responsibilities assigned to it. Clause 13 of the Bill provides that the Central Government shall provide funds to the State Governments for carrying out the purposes of the Bill. 2. The expenditure would be met from Consolidated Fund of India which cannot be estimated at present. Recurring expenditure is also likely to be incurred.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM OF DELEGATED LEGISLATION Clause 14 of the Bill empowers the Central Government and State Governments to frame rules for carrying out the purposes of the Bill. As the rules will relate to matters of details only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 III BILL NO. X OF 2022 A Bill further to amend the Constitution of India. BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2022. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. (1) In article 15 of the Constitution,— Amendment of article 15. (i) in the marginal heading, after the words, "religion, race, caste, sex", the word "disability" shall be inserted; (ii) in clause (1), after the words, "religion, race, caste, sex", the word "disability" shall be inserted; (iii) in clause (2), after the words, "religion, race, caste, sex", the word "disability" shall be inserted; and (iv) in clause (4), after the words, "the Scheduled Tribes", the words "or the disabled" shall be inserted; 3. In clause (2) of article 16 of the Constitution, after the words, "religion, race, caste, Amendment sex, descent", the word "disability" shall be inserted. of article 16.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Since the Constitution specifically names and mentions grounds on which discrimination is prohibited and mandates equal treatment to all its citizens, it is imperative that the Constitution also prohibits discrimination based on disability and places persons with disabilities on an equal pedestal. 2. The principle of non-discrimination is enshrined in articles 15 and 16, however does not categorically specify "disability" as a ground on which discrimination is prohibited. This is despite the fact that discrimination based on disability is very much prevalent and rampant now-a-days. 3. India ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) in 2017, which has equality and non-discrimination as its guiding principles. The UNCRPD Committee on the Rights of Persons with Disabilities in its 'Concluding observations on the initial report of India' vide CRPD/C/IND/CO/1 dated 29.10.2019 has recommended, India to amend its Constitution to explicitly prohibit disability-based discrimination in paragraph B 13(a)[p.3]. India, being a signatory to UNCRPD, has an international obligation as well as constitutional obligation under article 51(c) to ensure that the UNCRPD is implemented in letter and spirit. 4. The proposed amendments to articles 15 and 16 of the Constitution are in consonance with and to give effect to the UNCRPD and the recommendations of the UNCRPD Committee on the Rights of Persons with Disabilities and to prohibit discrimination based on disability. Hence, this Bill. JOHN BRITTASSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 IV BILL NO. IX OF 2022 A Bill to provide for the establishment of a permanent Bench of the High Court of Kerala at Thiruvananthapuram and for matters connected therewith and incidental thereto. BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the High Court of Kerala (Establishment of a Permanent Short title and Bench at Thiruvananthapuram) Act, 2022. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. There shall be established a permanent Bench of the High Court of Kerala at Establishment Thiruvananthapuram. of a Permanent Bench of High Court at Thiru- vananthapuram. 3. Such Judges of the High Court of Kerala, being not less than three in number, as the Constitution, Chief Justice of the High Court of Kerala may from time to time nominate, shall sit at the jurisdiction and powers of permanent bench referred to in Section 2, in order to exercise the jurisdiction and power for the the time being vested with the High Court of Kerala in respect of cases arising in the districts Permanent of Thiruvananthapuram, Kollam and Pathanamthitta in the State of Kerala. Bench.14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The State of Kerala was formed on November 1st, 1956. Since then, there has been a constant demand that a permanent Bench of the High Court be set up at Thiruvananthapuram, being the capital city of the State. 2. The right of access to justice to every citizen has been enshrined in the Constitution of India. Justice at the door step has been the focus of every Government, and yet the demand for establishment of a permanent bench at Thiruvananthapuram has not been materialised so far. 3. If a Bench of the High Court of Kerala is established at Thiruvananthapuram, it would greatly benefit the Government, the Government servants, various institutions, the lawyers based in and around the city of Thiruvananthapuram and the people at large. They would be able to pursue their cases in the High Court at significantly lower expenses. 4. Since the capital of the State is in Thiruvananthapuram and the High Court is currently located at Ernakulam, the State Government has to face practical inconveniences in dealing with matters connected with the High Court as officials have to travel to Ernakulam frequently resulting in substantial burden on the State exchequer and causing loss of time. 5. This Bill, therefore, seeks to establish a permanent Bench of the High Court of Kerala at Thiruvananthapuram. JOHN BRITTASSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 V BILL NO. XII OF 2022 A Bill further to amend the Constitution of India. BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2022. Short title and commencement. (2) It shall come into force immediately on the date it receives the assent of the President of India. 2. In article 200 of the Constitution of India,— Amendment of article (i) after the words “Governor shall”, the words “within a period of two months” 200. shall be inserted; (ii) in the first proviso, for the words “as soon as possible”, the words “within a period of one month” shall be substituted; and (iii) in the second proviso, after the words “for the consideration of the President”, the words “within a period of one month from the date of receipt of the Bill” shall be inserted.16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Constitution of India is dynamic in nature, with the ability to adapt itself to the changing needs of the nation. Democracy and Federalism are the essential features of the Constitution and part of its basic structure. 2. The Governor is established as the de jure head of the State and all executive acts are done in his name. However, the Governor is bound by the aid and advise of the elected State Government under article 163 of the Constitution. It cannot be gainsaid that the Governor, who is a ceremonial head of the State, cannot impede the lawful and constitutional functioning of the State Government. 3. Article 200 of the Constitution bestows on the Governor the power to provide assent to the Bills passed by the State Legislature. The Governor can also return the Bill to the Legislature for reconsideration or suggest amendments. However, if the Bill is once again passed by the Legislature, the Governor is bound to give his assent. The Governor is further entrusted with an additional power to reserve a Bill for the consideration of the President. However, the Constitution does not prescribe a time limit for the Governor to assent, withhold assent or reserve the Bill for the consideration of the President. 4. As the Constitutional Head of the State, the Governor owes a responsibility to the people of the State. It is trite in law that any constitutional authority must perform its duties within a reasonable time frame. However, in the recent past, we have seen several instances of Governors holding Bills passed by the State Legislatures for inordinate amount of time, without deciding one way or the other. In some cases, even when ex-facie the Bill has to be reserved for the consideration of the President, the Governors have taken a long time to do so. This defeats the will of the people since the State Legislature represents the mandate of the people. All Bills passed by the State Legislature are for the welfare of the people of the State. The State Government’s functioning cannot indirectly be curtailed and rendered inutile by the actions of the Governor, a Union Government appointee. That infringes the balance of power between the Union and States established by the Constitution. 5. The absence of a time-limit in article 200 gives the Governor unbridled power to delay the fate of a Bill. Thus, non-prescription of a time-limit is an impediment to the welfare of the people. Thus, the provision must be amended to balance the interest of the people and also provide sufficient time to the Governor to take an informed decision. 6. It is therefore, proposed to amend article 200 of the Constitution to prescribe a time limit to the Governor for providing or withholding his assent to the Bill or reservation of such Bill for the consideration of the President of India. Hence, this Bill. P. WILSONSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 VI BILL NO. XIII OF 2022 A Bill further to amend the Indian Contract Act,1872. BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Indian Contract (Amendment) Act, 2022. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 9 of 1872. 2. (1) In section 15 of the Indian Contract Act, 1872 (hereinafter referred to as the Amendment principal Act) for the words "forbidden by the Indian Penal Code", the words "when the of section 15. committing, or threatening to commit such act is punishable by any law for the time being in force" be substiuted. (2) In the Explanation to section 15 of the principal Act, for the words "the Indian 45 of1860 Penal Code" the words "the law violated" be substituted.18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The definition of 'Coercion' provided for in the Indian Contract Act is not exhaustive. It does not apply to situations in modern times where coercion can be induced through numerous ways. The 13th Report of the Law Commission of India which was chaired by Shri M.C. Setalvad also suggested amending the current definition under section 15 to make it comprehensive. 2. Currently, the definition focuses on the words "any act forbidden by the Indian Penal Code". The purpose of the Indian Penal Code is to create offences and not merely forbid them. There are laws other than the Indian Penal Code performing the same function. So far it has been up to the courts to interpret the meaning of the phrase in question and differentiate between "forbidden by the Indian Penal Code" and "punishable by the Indian Penal Code". This kind of interpretation varies from court to court thereby creating discrepancies. 3. The current definition is problematic as firstly, the Indian Penal Code only declares offences "punishable" and not "forbidden" and secondly, in the present context, the Indian Penal Code is not the only law that defines and punishes offences in India. The present definition must be replaced with a wider expression covering all the offences forbidden by law in India. Hence, this Bill. DR. SASMIT PATRASEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 VII BILL NO. XV OF 2022 A Bill further to amend the Representation of the People Act, 1951. BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Representation of the People (Amendment) Act, 2022. Short title and commencement. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 43 of 1951. 2. In section 77 of the Representation of the People Act, 1951 (hereinafter referred to Amendment as the principal Act), in sub-clause (1), for the words "on which he has been nominated", the of section 77. words "of notification of such election" shall be substituted. 3. In the principal Act, after section 127A, the following sections shall be inserted, Insertion of namely:— new sections 127B, 127C and 127D.20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Paying for "127B. (1) Any person who is found paying or receiving payment for news to further news to the prospect of the election of a candidate shall be punished with imprisonment for a term further the which may extend to three years, and with fine, which may extend to twenty-five lakh rupees. prospect of election of a (2) Nothing contained in sub-section (1) shall apply to payments made by a registered candidate. political party for the management of official publications, including print, radio, television and all other electronic transmission medium owned or controlled by that political party. (3) To avail of the exemption under sub-section (2) all registered political parties shall disclose their interests in any publication in such form and manner, as may be notified by the Election Commission of India in this regard. (4) An attempt to commit an act punishable under sub-section (1) shall be punished with imprisonment for a term, which may extend to two years, or with fine, which may extend to ten lakh rupees, or with both. (5) No court shall take cognisance of any offence punishable under this section unless there is a complaint made by the order of, or under authority from, the Election Commission of India or the Chief Electoral Officer of the State concerned. Non-disclosure 127C. (1) Any political advertisement in any media shall carry a disclosure to this effect of interest in in such form and manner, as may be notified by the Election Commission of India in this political regard. advertising. (2) Any person who contravenes the provision of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to five lakh rupees, or with both. Offences by 127D. (1) Where an offence under sub-section (1) of section 127B has been committed companies. by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business 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 provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Nothwithstanding anything contained in sub-section (1), where an offence 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, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section,— (a) "company" means anybody corporate, and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm."SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 STATEMENT OF OBJECTS AND REASONS Section 77(1) of the Representation of the People Act, 1951, imposes a ceiling on the election expenses of a candidate from the date of nomination to the date of declaration of results. This provision does not cover the pre-nomination period, though it constitutes a major part of candidates' expenses. Usually, compaigning commences before or after the announcement of the date of elections, however, to evade the application of section 77(1), the nomination is filed on the last filing days. This concern has been highlighted in the 255th Law Commission Report on Electoral Reforms as well. 2. In PUCL v. Union of India (2003) 4 SCC 399, while endorsing the recommendations of the National Commission to review the working of Constitution (NCRW) for stronger disclosure and auditing norms, the Supreme Court observed that "...the political parties as well as individual candidates be made subject to a proper statutory audit of the amounts they spend.... EC should devise specific formats for filing such statements so that fudging of accounts becomes difficult. Also, the audit should not only be mandatory but it should be enforced by the Election Commission." 3. Many countries such as the United Kingdon follow a two-way approach, the laws regulate election expenditure for both the pre-candidacy long campaing period, i.e., a year before the date of nomination and short-campaign period, i.e., from the date of nomination to the date of declaration of result. Although considering the huge diversity, it may not be feasible in the Indian context but, extending the scope of section 77 from "date of nomination" to "date of notification" would be a better mid-way and practical alternative. 4. Further, the influence which money exerts in corrupting the democratic process is undeniable and sadly this is true now, more than ever. In our increasingly connected, media heavy world, political advertisements are omnipresent and an essential part of any campaign. Unregulated, they provide a platform for candidates to propagate patent untruths. This severely undermines the right to accurate information based on which a voter can make his/ her decision. The seriousness of these issues is amplified by the extent to which it has become a systematic part of promoting one's election. The money spent on unethical paid news and disguised political advertisements in rising at an exponential rate in both national as well as regional media. 5. In PUCL v. Union of India (2003) 4 SCC 399, the Supreme Court also held that availability of impartial, proper and relevant information about the election candidates fosters and promotes freedom of speech and expression. Paid news distorts this right. As per the 2010 Press Council Sub-committee report on Paid News, it was suggested that the act of publishing news items in exchange for consideration should be construed as electoral malpractice with a punishment of minimum two years imprisonment. The Election Commission of India in its 2012 circular which was later incorporated in the Handbook for Media for Lok Sabha General Elections, proposed that the Representation of the People Act, 1951, should be amended to prevent the publishing and abetment to publish any paid news for furthering the prospects of a candidate's election. In 2014, TRAI in its recommendations on media ownership also recommended that the term 'paid news' should be comprehensively defined and a proper framework for scrutinizing complaints and taking punitive actions should be established. 6. In the United Kingdom, there is a blanket ban on telecasting paid political advertisements on television and radios. This prohibition also extends to any advertisement which tends to influence public opinion on a matter of general controversy. As per the Commonwealth Electoral Act, 1918 of Australia, it is mandatory for unfolding the details of any electoral advertisement, handbill, pamphlet, poster or notice that contains electoral matter. Similarly in Canada, the Canada Election Act, 2000, set provisions for adequately disclosing the details of any electoral advertising.22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 7. Currently, the guidelines for disclosing political paid advertisements are not adequately framed and uniform. To check disguised paid political advertisements, the disclosure provisions have to be made compulsory for all media firms to assist the public in identifying the nature of content (whether sponsored or editorial content) and keep a vigilant track of transactions between the media and election candidates. 8. It is, therefore, imperative to amend the Representation of the People Act, 1951 to regulate the election expenditure and to check the menace of 'paid news'. Hence, this Bill. DR. SASMIT PATRASEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23 VIII BILL NO. XVII OF 2022 A Bill to provide for making consumption of free electricity a right for all citizens throughout India and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:–– 1. (1) This Act may be called the Right to Free Electricity Act, 2022. Short title and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 2. In this Act, unless the context otherwise requires,— (a) "agriculture" includes poultry, dairy farming, orchards, rearing of animals and farming; (b) "appropriate Government" means in the case of a State, the Government of that State and in other cases, the Central Government; (c) "Captive power generation plant" means a power plant set up by any person to generate electricity primarily for his own use and includes a power plant set up by any co-operative society or association of persons for generating electricity primarily for use of members of such co-operative society or association; (d) "co-generation" means a process which simultaneously produces two or more forms of useful energy including electricity; (e) "consumer" means any person who is supplied with electricity for his own use by a licensee or the Government or by any other person engaged in the business of supplying electricity to the public under any law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person as the case may be; (f) "notification" means notification published in the Official Gazette and the expression "notify" shall be construed accordingly; (g) Words and expression used but not defined in this Act and defined in the Electricity Act, 2003 shall have the meanings assigned to them in that Act. 36 of 2003. Right to free 3. (1) Notwithstanding anything contained in any other law, for the time being in force, electricity. every citizen shall have the right to consumption of free electricity. (2) All the beneficiaries referred to under section 7 of this Act shall be entitled to consume free electricity under the provisions of this Act. (3) In addition to the beneficiaries referred to under section 7 of this Act, all such households or entities shall also be eligible for consumption of free electricity, as already notified by the appropriate Government before the commencement of this Act or as may be notified by the appropriate Government from time to time. Legal 4. All the rights pertaining to free electricity provided under this Act shall neither be Protection. nullified nor restricted except in accordance with the procedure established by law made by the appropriate Legislature. Responsibilities 5. Subject to the provisions of this Act, the Central Government shall:— of the Central Government. (i) compulsorily ensure the availability of free electricity. (ii) encourage captive power generation plants and co-generation. (iii) take measures against electricity losses incurred due to faulty electric meters or electrical wiring and inefficient distribution and power system and take all such steps including the use of modern technological systems as it may deem appropriate and effective for achieving this objective. (iv) encourage power generation entities, companies and traders to generate electricity through non-conventional sources of energy to ensure the availability of free electricity and encourage production of electricity through renewable sources of energy like solar energy, wind energy, geothermal energy, biogas, tidal energy, wave energy and biomass energy by setting a target of generating the quantum of electricity necessary for domestic consumption and use in small scale industries entirely from renewable energy sources, as may be prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25 (v) encourage local generation of electricity by the appropriate Government. (vi) fix the quantum of free electricity for all consumers after observing and taking into consideration the time and circumstances, in accordance with the provisions of this Act. 6. (1) Subject to the provisions of this Act, the State Government shall discharge all its Responsibilities responsibilities as mentioned under section 5 uniformly. of the State Government. (2) The responsibility of making available all necessary means and facilities to the State Governments for providing free electricity to the consumers shall lie with the Central Government. 7. The beneficiaries to be covered under the ambit of right to free electricity under this Beneficiaries Act shall include— under the Act. (i) domestic consumers consisting of individuals or households including joint families, nuclear families, tenants, labourers, farmers, widows, senior citizens and differently-abled people. (ii) businesses wholly based on agriculture, businesses wholly managed by women, businesses having at least two-third of their employees as females and rural schools. 8. (1) The appropriate Government may make such rules and issue such guiding Power to principles in public interest as may be necessary for the implementation of the provisions of make rules and this Act. issue directions. (2) The appropriate Government may issue such guiding principles and such directions to local authority or power generation companies or licensees as referred to under section 14 36 of 2003. of the Electricity Act, 2003, in public interest as may be necessary for implementation of the provisions of this Act. (3) The local authority may issue such guiding principles and such directions to power generation companies and electricity traders, in public interest as may be necessary for implementation of the provisions of this Act. (4) All rules made or guiding principles or directions issued under this section shall, as soon as possible after they are made or issued, be laid before the State Legislature or, where the appropriate Government is the Central Government, before both Houses of Parliament. 9. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power of the Government may, by general or special order, published in the Official Gazette, make such Central Government provisions not inconsistent with the provisions of this Act, as may appear to be necessary to remove for removing the difficulty: difficulties. Provided that no such order shall be made under this section that nullifies the right to free and compulsory electricity. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The twenty-first century provides a new dimension to the needs and rights of the people. Now food, clothing and housing no longer remain the only basic necessity. Other factors related to education, medical treatment, electricity, road transport and personality development for people also come under the category of fundamental needs. Factors like electricity, internet, road transport that are essentially required in the lives of people in the modern world should also be included under essential rights. In present times, there is no factor more important than electricity for people to lead their lives efficiently, which is necessary for fulfilling the primary requirements and personality development of people. Electricity generation is wholly dependent on natural resources and every human being has equal rights over all the natural resources of nature. Therefore, power tariffs should never be under the control of power companies. Hence, it is essential that right to electricity should be made available to people compulsorily and free of cost. 2. The power policy of the Delhi Government has demonstrated that free electricity is not a mere imaginary fact but it can be made available even to the common man through diligent and honest policies of the concerned Government. 3. The possibility of the fulfillment of the objective of this Act and the objective of providing free electricity to people is reflected by the power policy of the Delhi Government, where due to continued cooperation between the Delhi Government and the power companies, the electricity bills of thirty five lakh households have been reduced to zero. There is a need to make consumption of free and cheap electricity throughout India a right of every citizen. Hence, this Bill. SANJAY SINGHSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27 FINANCIAL MEMORANDUM Clause 3 of the Bill provides that all the beneficiaries referred to under section 7 shall be entitled to consume free electricity. Clauses 5 and 6 makes the Central Government responsible for taking measures to provide free electricity to the beneficiaries under the Act. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is, however, not possible at this stage to estimate the expenditure involved.28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill inter-alia empowers the appropriate Government to make rules for carrying out the purposes of this Act. Clause 9 empowers the Central Government to issue orders to remove difficulties which may arise in giving effect to the provisions of this Act. The rules or orders will relate to matter of detail only. The delegation of legislative powers is, therefore, of normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29 IX BILL NO. XXI OF 2022 A Bill further to amend the Juvenile Justice (Care and Protection of Children) Act, 2015 BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Juvenile Justice (Care and Protection of Children) Short title and Amendment Act, 2022. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2 of 2016. 2. In section 86 of the Juvenile Justice (Care and Protection of Children) Act, 2015,— Amendment of section 86. (i) in sub-section (1), for the words “more than seven years”, the words “of three years and above” shall be substituted. (ii) sub-section (2) shall be omitted.30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 has been published in Official Gazette on 9th August, 2021 and is pending enforcement by the Central Government since then. 2. Section 26 of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021 has amended Section 86 of the Juvenile Justice (Care and Protection of Children) Act, 2015 in such manner that all offences under the Juvenile Justice (Care and Protection of Children) Act, 2015 for which punishment is imprisonment for a term of three years and above, but not more than seven years have been made non-cognizable. 3. This makes it difficult for child victims of such offences and for police to register First Information Report without an order of a Magistrate. Such arrangement shifts the balance of convenience and ease in favour of offenders. Similar concerns have been flagged by Delhi Commission for Protection of Child Rights (DCPCR), Government of National Capital Territory of Delhi. 4. Accordingly, the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2022, inter-alia, proposes to make all offences under the Juvenile Justice (Care and Protection of Children) Act, 2015, for which punishment is imprisonment for a term of three years or above, cognizable. The Bill seeks to achieve the above objective. SANJAY SINGHSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31 X BILL NO. XVI OF 2022 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2022. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In article 124 of the Constitution, in clause (2), for the words, "on the recommendation Amendment of of the National Judicial Appointments Commission referred to in article 124A", the words article 124. "based on the recommendation made by the National Judicial Appointments Commission in accordance with provisions of Chapter IVA of Part V" shall be substituted.32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Omission of 3. Articles 124A, 124B and 124C of the Constitution shall be omitted. articles 124A, 124B and 124C. Amendment 4. In article 217 of the Constitution, in clause (1), for the words "on the recommendation of article 217. of the National Judicial Appointments Commission referred to in article 124A", the words "based on the recommendation made by the National Judicial Appointments Commission in accordance with provisions of Chapter IVA of Part V" shall be substituted. Amendment 5. In article 222 of the Constitution, in clause (1), for the words "on the recommendation of article 222. of the National Judicial Appointments Commission referred to in article 124A", the words "based on the recommendation made by the National Judicial Appointments Commission in accordance with provisions of Chapter IVA of Part V" shall be substituted. Insertion of 6. In Part V of the Constitution, after Chapter IV, the following Chapter IVA shall be Chapter IVA. inserted, namely:— "CHAPTER IVA—NATIONAL JUDICIAL APPOINTMENTS COMMISSION National 147A. (1) There shall be a Commission to be known as the National Judicial Judicial Appointments Commission. Appointments Commission. (2) The Commission shall consist of the following: (a) the Chief Justice of India, Chairperson, ex-officio; (b) three other Judges of the Supreme Court next to the Chief Justice of India in seniority—Members, ex-officio; (c) the Union Minister in charge of Law and Justice-Member, ex-officio; (d) two eminent persons from civil society to be nominated by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or where there is no such Leader of Opposition, then, the Leader of the single largest Opposition Party in the House of the People—Members: Provided that at least one of the eminent persons shall be nominated from amongst the persons belonging to Scheduled Castes, the Scheduled Tribes, Other Backward Classes, minorities or women: Provided further that an eminent person shall be nominated for a period of three years and shall not be eligible for renomination: Provided also that the Commission shall, by regulations, specify such criteria, procedures and conditions for nomination, disqualification and removal of eminent persons, as it may consider necessary. Functions 147B. (1) It shall be the duty of the Commission to— of the Commission. (a) make recommendations of persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts; and (b) make recommendations for the transfer of Chief Justice and other Judges of High Courts from one High Court to any other High Court: Provided that the Commission shall ensure that the person recommended is of ability and integrity: Provided further that the Commission shall ensure fair representation of backward classes, minorities, women and different regions in making appointment of Judges.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33 147C. (1) The Central Government shall, within a period of thirty days from the Reference to date of coming into force of this Act, intimate the vacancies for the posts of Judges in Commission for filling up the Supreme Court and the High Courts to the Commission for making its of vacancies. recommendations to fill up such vacancies. (2) The Central Government shall, six months prior to the date of occurrence of any vacancy on account of completion of the term of a Judge of the Supreme Court or a High Court, make a reference to the Commission for making its recommendation to fill up such vacancy. (3) The Central Government shall, within a period of thirty days from the date of occurrence of any vacancy on account of death or resignation of a Judge of the Supreme Court or a High Court, make a reference to the Commission for making its recommendation to fill up such vacancy. 147D. (1) The Commission shall recommend the senior most Judge of the Supreme Procedure for Court for appointment as the Chief Justice of India if he or she is considered fit to hold selection of the office: Judge of Supreme Provided that any member of the Commission whose name is being considered Court. for recommendation shall not participate in that meeting of the Commission. (2) The Commission shall recommend, on the basis of merit and any other criteria of suitability as may be specified by regulation, such person for appointment as a Judge of the Supreme Court who is eligible to be appointed as such under clause (3) of article 124 of the Consititution: Provided that while making a recommendation of a Judge of a High Court for appointment as a Judge of the Supreme Court, apart from seniority, the merit of such Judge shall be considered. (3) The Commission may, by regulations, specify such other procedures and conditions for selection and appointment of a Judge of the Supreme Court as it may consider necessary. 147E. (1) The Commission shall recommend a Judge of a High Court for Procedure for appointment as the Chief Justice of a High Court on the basis of inter se seniority of selection of Judge of High High Court Judges, merit and any other criteria of suitability as may be specified by Court. regulations. (2) The Commission shall seek nomination from the Chief Justice of the concerned High Court for the purpose of recommending a person for appointment as a Judge of that High Court. (3) The Commission shall also nominate, on the basis of merit and any other criteria of suitability as may be specified by regulations, such persons for appointment as a Judge of a High Court who are eligible to be appointed as such under clause (2) of artilce 217 of the Constitution and forward their names to the Chief Justice of the concerned High Court for its views. (4) Before making any nomination under clause (2) or giving its views under clause (3), the Chief Justice of the concerned High Court shall consult two senior-most Judges of that High Court and such other Judges and eminent advocates of that High Court as may be specified by regulations. (5) After receiving views and nomination under clauses (2) and (3), the Commission may recommend that person for appointment who is found suitable on the basis of merit and any other criteria of suitability as may be specified by regulations. (6) The Commission shall elicit in writing the views of the Governor and the Chief Minister of the State concerned before making such recommendation in such manner as may be specified by regulations.34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (7) The Commission may, by regulations, specify such other procedures and conditions for selection and appointment of a Chief Justice of a High Court and a Judge of a High Court as it may consider necessary. Procedure for 147F. The Commission shall recommend for transfer of Chief Justices and other transfer of Judges of High Courts from one High Court to any other High Court, and for this Judges. purpose, specify, by regulations, the procedures and conditions for such transfer. Publication of 147G.(1) The minutes of the proceedings of each meeting of the Commission relevnt shall be published within three weeks of the date of the meeting. information. (2) While recommending the appointment of a person as Chief Justice of India, Judge of the Supreme court, Chief Justice of a High Court or other Judge of a High Court or the transfer of a Chief Justice of a High Court or other Judge of a High Courts from one High Court to any other High Court, the Commission shall publish detailed reasons for making such a recommendation for appointment or transfer, as the case may be: Provided that in the event of a dissenting opinion by any member, the Commission shall record and publish the same in the form of a dissent note. Power of 147H. The President shall, based on the recommendation made by the President to Commission, appoint the Chief Justice of India, a Judge of the Supreme Court, the require Chief Justice of a High Court or a Judge of a High Court, as the case may be: reconsideration. Provided that the President may, if considers necessary, require the Commission to reconsider the recommendation made by it: Provided further that if the Commission makes a recommendation after reconsideration, the President shall make the appointment in accordance thereof. Procedure to 147I.(1) The Commission shall have the power to specify, by regulations, the be followed by procedure for the discharge of its functions. Commission in discharge of (2) The Commission shall meet at such time and place as the Chairperson may its functions. direct and observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum at its meetings, as it may specify by regulations. Power to make 147J.(1) The Commission may, by notification in the Official Gazette, make regulations. regulations consistent with the provisions of this Chapter, to carry out the provisions of this Chapter. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the criteria, procedures and conditions for nomination, disqualification and removal of eminent persons under article 147A; (b) the criteria of suitability with respect to appointment of a Judge of the Supreme Court under clause (2) of article 147D; (c) other procedure and conditions for selection and appointment of a Judge of the Supreme Court under clause (3) of article 147D; (d) the criteria of suitability with respect to appointment of a Chief Justice of a High Court under clause (1) of article 147E; (e) the criteria of suitability with respect to appointment of a Judge of a High Court under clauses (3) and (5) of article 147E; (f) other Judges and eminent advocates who may be consulted by the Chief Justice under clause (4) of article 147E;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35 (g) the manner of eliciting views of the Governor and the Chief Minister under clause (6) of article 147E; (h) other procedure and conditions for selection and appointment of a Judge of a High Court under clause (7) of article 147E; (i) the procedure for transfer of Chief Justices and other Judges from one High Court to any other High Court under article 147F; (j) the procedure to be followed by the Commission in the discharge of its functions under clause (1) of article 147I; (k) the rules of procedure in regard to the transaction of business at the meetings of Commission, including the quorum at its meeting, under clause (2) of article 147I; (l) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations."36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The procedure for judicial appointments in the Constitution has been subject to various judicial interpretations over the years. While in S.P. Gupta v. Union of India (1981), the opinion of the Chief Justice was held to be not binding on the President, in Supreme Court Advocates-on-Record Association v. Union of India (1993), this ruling was reversed and the President was made bound by the opinion of the Chief Justice. The primacy of the judiciary over the executive in making judicial appointments was clarified in Re Special Reference No. 1 (1998) through the formation of a collegiums (consisting of the Chief Justice and the next four senior judges of the Supreme Court) that would collectively provide a binding recommendation to the President. 2. However, in the nearly three decades of its functioning, the collegium system has attracted much disaffection over its manner of a functioning, absence of checks and balances by other organs and lack of participation by various stakeholders. To remedy this, the Constitition (Ninety-ninth Amendment) Act, 2014 was enacted, with the aim of establishing a broad-based National Judicial Appointments Commission (NJAC) for making judicial appointments that would enable participation by judiciary, executive and eminent persons alike and ensure greater transparency and objectivity in the process. However, the Act was struck down by the Supreme Court in its entirety in Supreme Court Advocate-on-Record Association v. Union of India (2015), thereby restoring the collegium system. 3. The primacy of the judiciary under the present collegium system is in stark contradiction with the vision of the constitution makers, evidenced by the remarks of Dr. B.R. Ambedkar during the Constituent Assembly debates (24th May 1949): "I personally feel no doubt that the Chief Justice is a very eminent person. But after all, the chief Justice is a man with all the failings, all the sentiments and all the prejudices which we as common people have; and I think to allow the Chief Justice practically a veto upon the appointment of judges is really to transfer the authority to the Chief Justice which we are not prepared to vest in the President or the Government of the day. I therefore, think that that is also a dangerous proposition." 4. Given that it is ill-judged to allow any single organ to exercise unabated powers in making judicial appointments, this Bill seeks to chart a middle path by reconstituting the NJAC. However, in doing so, this Bill removes the defects in the then proposed NJAC that were pointed out by the Supreme Court. For instance, the Bill retains independence of the judiciary by granting majority representation to the judicial members and eliminating the provision of veto powers. it provides extensive powers to the NJAC to prescribe appropriate criteria for enabling objectivity in its recommendations and to regulate its own procedures for ensuring flexibility in its functioning. The Bill also facilitates transparency by mandating the publication of the minutes of its meetings and requiring it to publish detailed reasons that form the basis of its recommendations along with the corresponding dissent notes, if any. The Bill seeks to achieve the above objectives. V. VIJAYASAI REDDYSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37 XI BILL NO. XVIII OF 2022 A Bill to provide for social, political and economic rehabilitation of Kashmiri Pandits, protection of their property, restoration of their cultural heritage, ensuring their safety and security, provision of rehabilitation and resettlement package to them and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:–– CHAPTER I PRELIMINARY 1. (1) This Act may be called the Kashmiri Pandits (Recourse, Restitution, Rehabilitation Short title, and Resettlement) Act, 2022. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) 'Advisory Committee' means the Advisory Committee constituted under section 3; (b) 'Government' unless stated otherwise, Government means the Government of India; (c) 'Kashmiri Pandit' means any individual registered as a domiciled Kashmiri and follows the culture, religious texts and way of life as practiced by the Kashmiri Pandit community or meets such criteria as decided by the Advisory Committee. Advisory 3. (1) The Central Government, as soon as may be, by notification in the Official Committee. Gazette, constitute an Advisory Committee which may be consulted by the Government for carrying out the purposes of this Act. (2) The Advisory Committee shall consist of the following:— (i) twenty one representatives of the Kashmiri Pandit Community with at least three Members drawn from the Global Kashmiri Pandit Diaspora, out of which, at least one Member shall be a woman; (ii) two representatives of non-Kashmiri Pandit minorities of the Kashmir valley: Provided that out of the total membership of the Advisory Committee, at least twenty five per cent but not more than fifty per cent of Members shall be women. (3) The Advisory Committee shall have such adequate powers as may be prescribed, in order for it to be able to effectively represent the best interest of the Kashmiri Pandit community as stated in the Global Kashmiri Pandits Diaspora Unified Declaration to the Prime Minister to asseret the right for return, rehabilitation and restitution and advise the Government accordingly. CHAPTER II DOMICILE Domicile 4. (1) The Government shall issue certificates of domicile to any such person who,— certificate. (i) is registered as migrant by the Relief Commissioner (Migrants), Government of Jammu and Kashmir; (ii) is eligible as per criteria mentioned under rule 5 of the Jammu and Kashmir Grant of Domicile Certificate (Procedure) Rules, 2020; (iii) is related biologically or through birth lineage or marriage or adoption or a culturally mandated kinship ritual has an ancestor who was a resident of the undivided State of Jammu and Kashmir as on May, 1944; (iv) can prove that their ancestor as referred under clause (iii) of this sub-section migrated out of Kashmir prior to May, 1944 and maintained their connectivity with the Kashmiri Pandit community through its samskaras of birth, sacred thread marriage, death, shradda rituals and is recommended by the Advisory Committee; and (v) any individual who is a member of the Saraswat community who can demonstrate with reasonable antecedents that their ancestor as referred to under clause (iii) of this sub-section migrated out of Kashmir prior to May, 1944 and is deemed as necessary to the prevention of the extinction of the Kashmiri Pandits and is recommended by the Advisory Committee. (2) The Government may make rules and issue further clarifications regarding issue of domicile certificates in consultation with a Committee headed by the Chief Secretary of theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39 Union Territory of Jammu and Kashmir and comprising of a team of five officials as appointed by him which shall be set up within one month from the date of commencement of this Act. (3) A web portal, along with a help desk, shall be developed for the purpose of submission of applications and relevant documents for the issuance of domicile certificates. (4) The Government of Union Territory of Jammu and Kashmir shall appoint in each district, a district level task force headed by the District Magistrate and comprising of all Sub-Divisional Magistrates of the district, which shall be responsible for devising and executing mechanisms for issuance of domicile certificates in a time bound manner and shall submit a status report to the Chief Secretary every month, in such manner as may be prescribed. The same shall be updated on the portal. (5) An application received under this section shall be processed within one working day from the date of submission. CHAPTER III SOCIAL, POLITICAL AND ECONOMIC REHABILITATION 5. (1) In order to create social, political and economic conditions that are conducive to Measures to an environment of safety and honour to all domiciled Kashmiri Pandits either living in the ensure social, political and camps or willing to return back and resettle, the Government shall take appropriate measures economic that may include— rehabilitation. (i) grant of minority status to Kashmiri Pandits in terms of clause (c) of section 2 19 of 1992. of the National Commission for Minorities, Act 1992, within two months from the date of enactment of this Act and also make available to them all positive affirmations which are available to other religious minorities; (ii) declaration of Kashmiri Pandits as victims of genocide and change their official nomenclature to 'Internally Displaced Persons' with immediate effect; (iii) release of a white paper on the issue of Kashmiri Pandits documenting all events in the Kashmir valley pertaining to the atrocities and plight of the Kashmiri Pandits starting from the year 1988 till the enactment of this Act, within three months from the date of enactment of this Act, to be prepared by a high level committee comprising the following— (a) retired Chief Justice of India as the Chairman; (b) two retired judges of the Supreme Court of India—Members; (c) two sitting Members of Parliament as nominated by the Advisory Committee—Members; (d) two former members of Parliament as nominated by the Advisory Committee—Members; (e) four sitting or former Members of Legislature/Council of Jammu and Kashmir as nominated by the Advisory Committee—Members; and (f) four other individuals as may be nominated by the Advisory Committee— Members. (iv) the high level committee as referred to under clause (iii) of this sub-section shall rely on depositions given by witnesses and lay special focus on the Reports and judgments of the Supreme Court and the High Courts of India, National Human Rights Commission, Reports of any Parliamentary Standing Committees and sub-committees set up for the purpose of examining the issue of Kashmiri Pandits. (2) the Government, in consultation with the Advisory Committee, shall take all measures as recommended by the Delimitation Commission, to ensure enhanced political representation40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— of Kashmiri Pandits across panchayats, Union Territory Legislative Assembly and Parliament which shall include but not limited to the following— (i) to ensure political franchise and to further the right of political participation, a mechanism shall be created for enrolment of all migrant Kashmiri Pandits as voters and provide reserved seats in proportion to their numerical strength in local and Union Territory legislative bodies; (ii) provide all registered or domiciled Kashmiri Pandits, their right to vote for the candidate of their choice through a system of postal ballot. (3) The Government, in consultation with the Advisory Committee, shall take such measures as may be necessary to establish an environment of economic justice, prosperity and security, for Kashmiri Pandits and other religious minorities to explore opportunities of growth and stability upon their return which shall include but not limited to the following— (i) an appropriate corpus fund for the purpose of grants to be given to five thousand small or cottage industries owned by Kashmiri Pandit shall be created within one month from the date of enactment of this Act; (ii) land and other capital expenditure as may be necessary for such small or cottage industries shall be provided by the Government of Union Territory Jammu and Kashmir; (iii) interest free loans for setting up micro, small and medium enterprises shall be given without collateral requirements on a fifty percent loan and fifty percent grants basis; (iv) direct and indirect taxes shall be waived off for the first five years of establishment of any business; (v) in order to enhance ease of doing business a single window facilitation service shall be setup and all licensing and other aprovals to new businesses shall be made available through this single window within one week of application; (vi) promote women self help groups in every village and a grant amount, as decided by the Government in consultation with the Advisory Committee, shall be disbursed to each Self Help Group; and (vii) in addition to the schemes or programmes of the Union Territory Government and the Central Government, the Government in consultation with the Advisory Committee, shall take such measures as may be necessary to promote entrepreneurship and self-employment of Kashmiri Pandits. (4) To enhance employment opportunities for migrant youth who are either already living in Jammu and Kashmir or willing to return and resettle, the Government shall,— (i) create, within three months from the date of enactment of this Act, ten thousand direct employment opportunities to be accommodation within the Union Territory and to be filled up by only migrant or domiciled Kashmiri Pandits; (ii) The financial burden for the employment under clause (i) shall be shared by the Union Territory Government and the Central Government in such proportion as may be decided by respective Governments; (iii) in consultation with the Advisory Committee, decide upon a quota of reservation and eligibility criteria for migrant or domiciled Kashmiri Pandits, in Union Territory and Central Government jobs which shall not be less than ten percent. (5) In order to mitigate the hardships on educational front for the wards of Kashmiri Pandits, the Government in consultation with the Advisory Committee, shall take necessary steps to—SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41 (i) ensure relaxation for the wards of Kashmiri Pandits in cut-off percentage, as may be suitable, across all State and Central Government institutions of higher education; (ii) reserve seats for the wards of Kashmiri Pandits across all State and Central Universities in such a proportion as may be decided by the Government and Advisory Committee within three months of enactment of this Act; (iii) waive off domicile requirements for the wards of Kashmiri Pandits; (iv) create Special Education Fund for providing scholarships to wards of Kashmiri Pandits on a merit needs basis. (6) The Government of Union Territory of Jammu and Kashmir and the Central Government, in consultation with the Advisory Committee, shall sanction a reasonably enhanced medical allowance to those who are economically weak and in need of medical attention as well as provide insurance coverage to all Kashmiri Pandits. (7) The provisions of sub-section (1) to (6) of this section shall be applicable to all Kashmiri Pandits, including those living in the camps. CHAPTER IV PROTECTION OF PROPERTY 6. (1) The Government shall make necessary provisions to restore ownership of private Measures to property of Kashmiri Pandits and to resolve conflicts of land grabbing, illegal occupancy, protect private encroachment, etc. property of Kashmiri (2) The Government shall constitute a bloc-level team headed by the Divisional Pandits. Commissioner in order to carry out the following purposes— (i) all encroachments shall be vacated and details of land records shall be published online within three months from the date of enactment of this Act and the District Magistrate shall take over possession of the property for its safety and prevent any further illegal occupancy; (ii) all the properties, movable and immovable, sold by the displaced persons after the financial year 1989-1990, shall be declared as "Distress Sales" null and void and accordingly restore possession of the properties back to the respective Kashmiri Pandits who were the recorded owners; (iii) ensure that provisions of the Jammu and Kashmir Migrants Immovable 16 of 1997. Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 and the 17 of 1997. Jammu & Kashmir Migrants (Stay of Proceedings) Act, 1997 are implemented in letter and spirit. (3) the Government, in consultation with the Advisory Committee, shall appoint a Custodian Committee consisting of representatives from the Ministry of Home Affairs, Government of India, Government of Union Territory of Jammu and Kashmir and representatives of the Kashmiri Pandit Community, as nominated by the Advisory Committee, to act as the custodian of properties of Kashmiri Pandits till land records are settled and rights handed over to the owners. (4) All appeals and complaints shall be looked into and resolved by the custodian Committee as constituted under sub-section (3) of this section and the Committee shall have the powers of a Civil Court. (5) A extensive survey shall be done to ascertain the market value of all the immovable property of Kashmiri Pandits and an estimate be made about the value of the damage done to thier properties.42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER V RESTORATION OF TEMPLES AND OTHER HERITAGE SITES Measures to 7. (1) Within one month of enactment of this Act, the Government, in consultation with restore the Advisory Committee, shall constitute a Committee comprising of historians, archeologists, religious individuals from the Bhat Memorial Society and other representatives of Kashmiri Pandit places and other heritage community, to identify all old temples and other heritage or spiritual sites including ashrams, belonging to maths, holy springs, endowments, schools, ghats, cremation grounds, hillocks, connected Kashmiri to the spiritual and cultural ethos of the Kashmiri Pandits. Pandits. (2) The Committee set up under sub-section ( 1) of this section shall appoint a Special Officer who shall be empowered to call for any information, document or record from any Government functionary or any other person or authority, as may be considered necessary for conducting the survey of the religious sites and shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1973 in respect of the following matters, namely: 2 of 1974. (i) summoning and examining of witnesses; (ii) requiring the discovery and production of any document; (iii) requisitioning any public from any court or office; (iv) issuing commissions for the examination of witnesses or documents; and (v) making any local inspection and investigation. (3) the Special Officer, after making such inquiry as he deems necessary, shall submit a report to the Committee as constitute for the purpose under sub-section (1) of the section containing the following particulars— (i) name of the shrine or religious place; (ii) location with full address; (iii) description of the shrine or religious place including its property; (iv) present status of the shrine or place; (v) ownership details of the shrine property; (vi) legal status of the organization holding the control of the shrines or religious place and its property; (vii) reference to the revenue records, hereunder the property stands registered; (viii) the gross income of the shrine for preceding three years; and (ix) such other particulars relating to each shrine or religious place as may be considered necessary to be mentioned by the Special Officer. (4) The Government, in consultation with the Advisory Committee, shall by notification in the official Gazette, publish the details of the shrines or religious places as reported by the special officer. (5) Upon identification and notification of the sites, the Government shall evict any squatters, as may be necessary to rebuild and resotre the sites and begin reconstruction of these sites within one month of such notification. (6) The Government shall sanction a separate budget for the reconstruction and development of the sites, as notified under sub-section (4). (7) A Board to be known as the Kashmiri Hindu Shrines Board on lines of Shri Mata Vaishno Devi Shrine Board and Shri Amarnathji Shrine Board shall be set up in accordance with provision of the Religious Endowments Act, 1863. 20 of 1863.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43 CHAPTER VI SAFETY AND SECURITY OF KASHMIRI PANDITS 8. (1) The Government shall issue necessary orders to declare the Kashmiri Pandit Measures to community and other religious minorities as an 'at risk population' and make necessary ensure safety and security of security arrangements from the perspective of risk assessment, monitoring threats, providing Kashmiri capability to protect life and ability to enjoy liberty in the pursuit of happiness and fulfillment. Pandits. (2) In order to ensure safety and security of every Kashmiri Pandit in the Union Territory of Jammu and Kashmir, the Govenrment shall take the following measures for:— (i) increasing the strength of police force in the Union Territory and inducting three thousand men and women security personnel belonging to the Kashmiri Pandit community and other religious minorities, across pay grades; (ii) setting up of a nodal Union Territory level Kashmiri Pandit Security Task Force comprising of such high ranking security officials from the State police force, paramilitary and military, as may be decided by the Government in consultation with the Advisory Council within three months from the date of the enactment of the Act; (iii) the Task Force set up under clause (ii) shall be given executive and judiciary powers to take necessary steps with an orientation of strengthening law and order and security situation concerning Kashmiri Pandits; (iv) issuing arms license to at least one member each of family of domiciled Kashmiri Pandits; and (v) creation of a corpus fund to be known as the 'security related expenditure fund' of such an amount to be decided by the Task Force set up under clause (ii). CHAPTER VII INQUIRY COMMISSION 9. (1) The Government shall set up an enquiry commission, within one month from the Inquiry date of enactment of the Act to investigate into genocide and mass exodus of Kashmiri Commission to investigate Pandits from their homeland. atrocities (2) The Inquiry Commission shall have prosecutorial power and the powers to appoint against Kashmiri Judicial Tribunal. Pandits. (3) This Judicial Tribunal appointed under sub-section (2) shall have the authority to establish the causal factors responsible for the genocide of Kashmiri Pandits and bring the perpetrators to justice. (4) the Inquiry Commission shall consist of the following:— (i) A retired Chief Justice of Supreme Court—Chairperson; (ii) two retired judges of High Court of Jammu and Kashmir—Members; (iii) four serving senior security officials from the Union Territory police, intelligence, paramilitary and military forces engaged in anti-terror activities, as may be nominated by the Government in consultation with the Advisory Committee—Members; (iv) four retired senior security officials from the Union Territory police, intelligence, paramilitary and military forces who served the region during the time of atrocities on Kashmiri Pandits—Members; (v) a senior religious figure to be nominated by the Advisory Committee— Member; and (vi) four representatives of Kashmiri Pandit Community as nominated by the Advisory Committee—Members.44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER VIII REHABILITATION AND RESETTLEMENT PACKAGE Rehabilitation 10. (1) A separate consolidated land area shall be identified within three months from and the date of enactment of this Act, and land shall be allocated to each family of domiciled resettlement Kashmiri Pandit either living in camps or willing to re-settle in such manner as may be package for Kashmiri prescribed. Pandits. (2) A lump-sum amount, as may be decided by the Government, in consultation with the Advisory Committee, shall be given to each family willing to re-settle or presently living in Jammu and Kashmir for construction of houses and other expenditures for re-settlement; and (3) A cash relief of rupees five thousand per person, subject to a ceiling of rupees twenty thousand per family be given every month to all Kashmiri Pandits, in such manner as may be prescribed which shall be subject to revision every three years. CHAPTER IX ADVISORY COUNCIL Constitution 11. (1) The Government shall constitute a council to be known as the advisory Council of Advisory of Kashmiri Pandits comprising of the following— Council of Kashmiri (i) Representatives having a distinguished track record of service in key Kashmiri Pandits. Pandit community organizations; (ii) Kashmiri Pandits having a strong track record of public service; (iii) Kashmiri Pandits who individually have made and are capable of making impactful contributions towards the rehabilitation of the community. (2) The Advisory council established under sub-section (1) shall recommend suitable measures for rehabilitation of Kashmiri Pandits to the Advisory Committee, in such manner as may be prescribed. CHAPTER X MISCELLANEOUS Power to 12. (1) The Central Government may, by notification in the Official Gazettee, make rules make rules. for carrying out the purposes of this Act. (2) Every rule made under this Act by the Central government shall be laid, as soon as may be 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, Parliament agrees in making any modification in the rule or Parliament agrees 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; however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45 STATEMENT OF OBJECTS AND REASONS Thirty-two years ago, what took place in Kashmir on the night of January 19, 1990 lives fresh in the minds of Kashmiri Pandits as a night of barbarism, terror and mass killings. Kashmiri Pandits suffered the horrors of genocide and exodus at the hands of militants, thousands were brutally killed, women were raped, houses and temples burnt, lives disrupted. This inhumane attack on life and honour of a minority population, who were inhabitants of the region for thousands of years, led to a complete breakdown of law and order and forced them to leave their motherland, their culture, and their homes behind. Most could never return. Over six lakhs Kashmiri Pandits still live in exodus and yearn to return and resettle in their motherland. 2. Over the years, little effort has been made to undo the injustice that the Kashmiri Pandits have suffered. Rehabilitation and resettlement of the Kashmiri Pandits is an expansive process integrating various aspects of life, liberty, dignity, security, and political participation, economic and social well-being. Kashmiri Pandits are forced to live as migrants in their own country. Whereas efforts have been made to restore Kashmiriyat and cultivate an environment of peace, tranquility and prosperity in the region to do so without the active participation of Kashmiri Pandits and other religious minorities shall result in furthering the historic injustice. 3. This Bill seeks to bridge the gap between the expectations of the Kashmiri Pandits and the offerings of the Government by creating an ecosystem of Government support along-with empowering the community with regards to their rehabilitation and resettlement in the region. The Bill ventures to offset any social, economic and political disadvantages, which are a result of decades of systemic neglect and injustice. The Bill also seeks to give power in the hands of the Kashmiri Pandits themselves, as their opinion of what is best for them matters the most. This Bill further attempts to bring the perpetrators of violence and genocide to justice. 4. The following words of the legendry Kashmiri poet Shri Dinanath Kaul 'Nadim' painting the idea of a nation where no one is divided on the basis of religion and everyone is identified as human beings, rings close in the heart of every Kashmiri Pandit as they dream of re-uniting with their 'MyonVatan': "Son watan, gulzar Shalimar hyuv, Dal manj, folwoon Pamposhhyuv, navjawan an hund, wushunkhumarhyuv, myonwatan, hyonwatan, son watan, nundwonwatan" Hence, this Bill. VIVEK K. TANKHA46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 5 inter-alia provide for measures to be taken by the Central Government for economic rehabilitation of Kashmiri Pandits. Clause 7 inter-alia provides for separate budget for development of community assets of Kashmiri Pandits, and for setting up of the Kashmiri Hindu Shrine Board. Clause 8 inter-alia provides for measures involving expenditure to ensure safety and security of Kashmiri Pandits. Clause 10 provides for rehabilitation and resettlement package for Kashmiri Pandits. 2. The Bill, if enacted, will involve additional expenditure, either recurring or non-recurring, from the Consolidated Fund of India. However, at this stage, it is difficult to make any estimate of the expenditure.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47 MEMORANDUM REGARDING DELEGATED LEGISLATION Section 12 of the Bill empowers the Central Government to make rules for carrying out in the purposes of the Bill. 2. As the rule will relate to matters of details only, the delegation of legislative power is of normal character.48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— XII BILL NO. XI OF 2022 A Bill further to amend the Indian Penal Code, 1860. BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as follows:–– Short title and 1. (1) This Act may be called the Indian Penal Code (Amendment) Act, 2022. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment of 2. In the Indian Penal Code, 1860, in clause (a) of Explanation to section 498A, for the 45 of 1860. section 498A. words “any wilful conduct”, the following shall be substituted, namely:— “any conduct, whether or not under the influence of voluntary or involuntary intoxication, including liquor, drugs (both addictive and non-addictive), etc.”SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49 STATEMENT OF OBJECTS AND REASONS COVID induced lockdown from March to September, 2020 saw around 13,000 complaints being registered with the National Commission for Women (NCW). This was exacerbated by financial instability and dependence on intoxicants, as a result of which women in households had to bear the brunt of domestic violence. At the same time, it is the responsibility of society as a whole to ensure that women are treated with dignity. 2. Domestic violence within the households is a social menace that is often left unaddressed and left within the contours of the four walls. There needs to be a directive to ensure that there is an institutional framework to address the same. Protection of Women from Domestic Violence Act, 2005 did address the issue at large but still scope remains for expanding the breadth of the legislation within the definitions of the Indian Penal Code, 1860. Under Section 498A of the IPC, any cruelty by the husband or the relative of the husband, inflicted on the wife is liable to attract imprisonment of up to three years, however, by adding the world ‘wilfully’, it shields violence that can be accrued under the influence of alcohol and similar intoxicants. 3. Considering the trauma that is faced by the women, it is important that involuntary intoxication does not become a justified excuse to inflict cruelty on the women, and therefore, such acts need to be dealt with stringently. Hence this Bill. MAHESH PODDAR50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— XIII BILL NO. XX OF 2022 A Bill to establish and declare the institution to be known as the Kurseong Gorkha Institute of Fashion and Design to be an institution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to fashion technology and design and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title and 1. (1) This Act may be called the Kurseong Gorkha Institute of Fashion and Design commencement. Act, 2022. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51 2. Whereas the objects of the institution to be known as the Kurseong Gorkha Institute Declaration of Fashion and Design, are such as to make it the institution of national importance, it is of the GorkhaInstitute hereby declared that the Kurseong Gorkha Institute of Fashion and Design is an institution of Fashion of national importance. and Design Kurseong, Kurseong, as an institution of national importance. 3. In this Act, unless the context otherwise requires,— Definitions. (a) "Chairperson" means the Chairperson of the Governing Council nominated under clause (a) of section 11; (b) "Dean", in relation to any Institute campus, means the Dean of such Institute campus; (c) "design" means a rational, logical and sequential innovative process for the purpose of transferring culture to viable products and services and for providing a competitive edge to products and services, and includes industrial design, communication design, textile and apparel design, lifestyle design, experiential design, exhibition design, craft and traditional sector design; (d) "Director" means Director of the Institute, as appointed under section 18; (e) "fashion" includes a popular trend or a lifestyle, specially in styles of dress and ornament or manners of behaviour or the business of creating, promoting or studying styles in vogue or the designing, production and marketing of new styles of goods such as, clothing, accessories, craft and cosmetics; and the words "fashion technology" with their grammatical variations and cognate expressions, shall be construed accordingly; (f) "Fund" means the Fund of the Institute maintained under section 23; (g) "Governing Council" means the Governing Council of the Institute, as constituted under section 11; (h) "Institute" means the Gorkha Institute of Fashion & Design Kurseong, Kurseong, incorporated under section 4; (i) "Institute campus" means the campus of the Institute located at Kurseong in the State of West Bengal, or such other campus as may be established by the Institute at any place within India or outside India; (j) "notification" means a notification published in the Official Gazette; (k) "prescribed" means prescribed by rules made under this Act; (1) "Plenum" means the Plenum of the Institute; (m) "Registrar" means Registrar of the Institute; (n) "Society" means the Gorkha Institute of Fashion and Design Kurseong, 21 of 1860. Kurseong, registered as a society under the Societies Registration Act, 1860; (o) "Statutes" and "Ordinances" mean the Statutes and the Ordinances of the Institute made under this Act. CHAPTER II THE INSTITUTE 4. (1) With effect from such date as the Central Government may, by notification, in the Incorporation Official Gazette appoint, the society shall be incorporated as a body corporate by the name of Institute. Kurseong Gorkha Institute of Fashion and Design having perpetual succession and a common52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— seal with power to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued. (2) The body corporate constituting the Institute shall consist of a Chairperson, a Director and other members of the Governing Council appointed under this Act. (3) The headquarters of the Institute shall be in the district of Darjeeling in the State of West Bengal. (4) The Institute may establish an Institute campus at such other place within India or outside India, as it may deem fit: Provided that each campus of the Society established before the commencement of this Act, at Kurseong in the State of West Bengal, shall be deemed to be the Institute campus. Effect of the 5. On and from the date of commencement of this Act,— incorporation of the (a) any reference to the Society in any law (other than this Act) or in any contract Institute. or other instrument shall be deemed as a reference to the Institute incorporated under this Act; (b) all property, movable and immovable of, or belonging to, the Society, shall vest in the Institute; (c) all the rights and liabilities of the Society shall be transferred to, and be, the rights and liabilities of, the Institute; (d) any reference to any campus of the Society, established before the commencement of this Act, shall be deemed as a reference to the Institute campus: (e) every person employed by the Society, immediately before such commencement, shall hold his office or service in the Institute including the Institute campuses, located at Kurseong in the State of West Bengal, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same, if this Act had not been enacted, and shall continue to be so, unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the Institute of compensation equivalent to three months' remuneration in the case of permanent employee and one month's remuneration in the case of other employee. Powers of 6. (1) Subject to the provisions of this Act, the Institute shall exercise the following Institute. powers and perform the following duties, namely:— (a) to provide for instructions, research and training in the areas or disciplines relating to fashion technology and design and to nurture and promote quality and excellence thereof in such areas or disciplines; (b) to develop courses leading to graduate and postgraduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to fashion technology and design; (c) to hold examinations and grant degrees, and diplomas and other academic distinctions or titles in the areas or disciplines relating to fashion technology and design; (d) to confer honorary degrees, awards or other distinctions in the areas or disciplines relating to fashion technology and design;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53 (e) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (f) to fix, demand and receive fees and other charges; (g) to establish, maintain and manage halls and hostels for the residence of the students; (h) to supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life; (i) to institute academic and other posts and to make appointments thereto (except in the case of the Director); (j) to frame Statutes and Ordinances and to alter, modify or rescind the same; (k) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of faculty members and scholars and generally in such manner as may be conducive to their common objective; (l) to act as a nucleus for interaction between academia and industry by encouraging exchange of designers and other technical staff between the Institute and the industry and by undertaking sponsored and funded research as well as consultancy projects by the Institute; (m) to establish, equip and maintain workshops or laboratories or studios with modern machinery and equipments in order to undertake scientific and technological research for creating good designs for the production of goods and services and to provide funds for such works and for payment to any person or persons engaged in service, training and research work whether in such workshop or laboratory or studio; (n) to acquire any patent or licence relating to such invention, improvement or design or standardisation marks whether for general or specific purposes; (o) to undertake consultancy in the areas or disciplines relating to fashion technology and design; (p) to deal with any property belonging to, or vested in, the Institute, in such manner as the Institute may deem fit for advancing the objects of the Institute; (q) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be; (r) to encourage and improve education of persons who are engaged or are likely to be engaged in the service, training or research activities by grant of loans, scholarships or other monetary assistance or otherwise; (s) to prepare, print, publish, issue, acquire and circulate books, papers, periodicals, exhibits, films, slides, gadgets, circulars and other literary undertakings, dealing with or having a bearing upon the subject of fashion technology or industrial design and allied fields; (t) to establish, form and maintain museums, libraries and collections of literature and films, slides, photographs, prototypes and other information relating to fashion technology; design and allied subjects; (u) to nominate designers, engineers (mechanical or electrical or civil), architects, craftsmen, technicians or investigators to study in India or outside India in regard to the service, training and research in such fields as the Institute may think fit; (v) to retain or employ skilled professional, technical advisers, consultants, workers or craftsmen in connection with the objects of the Institute;54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (w) to encourage artisans, technicians and others with inventive skill to work out details and specifications of processes, appliances and gadgets by giving awards, financial or technical assistance; (x) to construct buildings and alter, extend, improve, repair, enlarge or modify and to provide and equip the same with light, water, drainage, furniture, fittings and all other accessories; (y) to borrow and raise moneys, with or without security or on the security of a mortgage, charge, or hypothecation or pledge of any of the movable or immovable properties belonging to the Institute or in any other manner; (z) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute. (2) Notwithstanding anything contained in sub-section (1), the Institute shall not dispose of in any manner any immovable property without the prior approval of the Visitor. Institute be 7. (1) The Institute shall be open to persons of either sex and of whatever race, creed, open to all caste or class, and no test or condition shall be imposed as to religious belief or profession races, creeds in admitting or appointing members, students, teachers or workers or in any other connection and classes. whatsoever. (2) No bequest, donation or transfer of any property shall be accepted by the Institute, which in the opinion of the Governing Council involves conditions or obligations opposed to the spirit and objects of the Institute. Teaching at 8. All teaching at the Institute and the Institute campuses shall be conducted by or in Institute. the name of the Institute in accordance with the Statutes and the Ordinances made in this behalf. Visitor. 9. (1) The Chief Minister of West Bengal shall be the Visitor of the Institute. (2) The Visitor may appoint one or more persons to review the work and progress of the Institute or any Institute campus and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct. (3) Upon receipt of any such report, the Visitor may take such action and issue such directions as he/she considers necessary in respect of any of the matters dealt with in the report and the Institute shall be bound to comply with such directions. Authorities of 10. The following shall be the authorities of the Institute. namely:— Institute. (a) the Governing Council; (b) a Plenum; and (c) such other authorities as may be declared by the Statutes to be the authorities of the Institute. Governing 11. The Governing Council shall consist of the following members, namely:— Council. (a) a Chairperson, who shall be an eminent academician, scientist or technologist or professional or industrialist, to be nominated by the Visitor; (b) the Director, ex-officio; (c) the Financial Adviser in the Ministry or Department of the Government of India dealing with the National Institute of Fashion Technology or the National Institute of Design, ex-officio; (d) the Joint Secretary, in the Ministry or Department in the Government of India dealing with the National Institute of Fashion Technology or the National Institute of Design. ex-officio;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55 (e) one representative of the Ministry or Department of the Government of India not below the rank of Joint Secretary dealing with Higher Education, to be nominated by the Secretary of that Ministry or Department, ex-officio; (f) one representative of the Ministry or Department of the Government of India not below the rank of Joint Secretary dealing with Information Technology to be nominated by the Secretary of that Ministry or Department, ex-officio; (g) one representative from the State in which the Institute campus is located, to be nominated by that State Government; (h) five professionals, one each from the fields of architecture, engineering, fine arts, mass media and fashion technology, to be nominated by the Central Government; (i) an outstanding Designer, to be nominated by the Visitor in consultation with the Central Government; (j) a management expert, to be nominated by the Chairperson; (k) a representative of the Micro, Small and Medium Enterprises, to be nominated by the Central Government; (l) three persons to be nominated by the Plenum from amongst persons recommended by companies, firms or individuals who have provided financial assistance or contribution to the Institute: Provided that the threshold of financial assistance or contribution and other requirements to qualify for such nomination shall be such as may be provided for in the Statutes; and (m) Dean of each Institute campus, ex-officio. 12. (1) The term of office of the Chairperson or any other member of the Governing Term of Council (other than an ex-officio member) shall be four years from the date of his nomination. office of, vacancies (2) Save as otherwise provided in this section, the term of office of an ex-officio among, and member shall continue so long as he holds the office by virtue of which he is a member. allowances payable to (3) The term of office of a member of the Governing Council nominated to fill a casual Chairperson and other vacancy shall continue for the remainder of the term of the member in whose place he has members of been nominated. Governing Council. (4) Notwithstanding anything contained in this section, an outgoing member shall, unless the Governing Council otherwise directs, continue in office until another person is nominated as a member in his place. (5) The members of the Governing Council shall be entitled to such allowances, if any, from the Institute as may be provided for in the Statutes but no member other than the persons referred to in clauses (b) and (m) of section 11 shall be entitled to any salary by reason of this sub-section. 13. The Governing Council shall meet at least four times in a year at such place and Meeting of time and observe such rules of procedure in regard to the transaction of business at its Governing Council. meetings, as may be determined by the Governing Council. 14. (1) Subject to the provisions of this Act, the Governing Council shall be responsible Powers and for the general superintendence, direction and control of the affairs of the Institute and shall functions of Governing exercise all the powers of the Institute not otherwise provided for by this Act, the Statutes Council. and the Ordinances, and shall have the power to review the acts of the Plenum. (2) Without prejudice to the provisions of sub-section (1). the Governing Council shall— (a) take decisions on questions of policy relating to the administration and working of the Institute;56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) take decision on the establishment of new Institute campus at any place in India or outside India; (c) institute courses of study at the Institute; (d) institute academic and other posts and to make appointments thereto; (e) make Statutes; (f) consider and modify or cancel Ordinances; (g) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the Institute including each of the Institute campuses for the next financial year, as it thinks fit and submit them to the Central Government together with a statement of its development plans; and (h) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes. (3) The Governing Council shall have power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act. (4) The Governing Council shall have the power to enter into arrangements with the Central Government, State Governments and other public or private organisations or individuals in India or outside India for securing and accepting endowments, grants, donations or gifts to the Institute on mutually agreed terms and conditions: Provided that the conditions of such grant, donation or gift, if any, shall not be inconsistent or in conflict with the nature or objects of the Institute and the provisions of this Act. (5) The Governing Council shall have the power to take over and acquire by purchase, gift or otherwise from Government and other public bodies or private individuals willing to transfer movable and immovable properties, endowments or other funds together with any attendant obligations and engagements not inconsistent with the provisions of this Act. (6) The Governing Council may by specific resolution to this effect delegate to the Chairperson such of its powers for the conduct of business, as it may deem necessary. 15. The Plenum of the Institute shall consist of the following persons, namely:— Plenum. (a) the Director, ex-officio, who shall be the Chairman of the Plenum; (b) Dean of each Institute campus, ex-officio; (c) Senior Professors of the Institute and of the Institute campuses; (d) three persons, not being employees of the Institute, to be nominated by the Chairperson in consultation with the Director, from amongst educationists of repute, one each from the fields of science, engineering and humanities and at least one of them shall be a woman; (e) one alumnus of the Institute to be nominated by the Chairperson in consultation with the Director; and (f) such other members of the staff as may be laid down in the Statutes. 16. Subject to the provisions of this Act, the Statutes and the Ordinances, the Plenum Functions of Plenum. of the Institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the Institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. 17. (1) The Chairperson shall ordinarily preside at the meetings of the Governing Functions, powers and Council and at the convocations of the Institute. duties of Chairperson.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57 (2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Governing Council are implemented. (3) The Chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes. 18. (1) The Director of the Institute shall be appointed by the Central Government for Director. a tenure of five years in such manner and on such terms and conditions of service as may be prescribed. (2) The Director shall be appointed on the recommendations of the Selection Committee constituted by the Central Government. (3) The Director shall be the principal executive officer of the Institute and shall be responsible for— (a) proper administration of the Institute and for imparting of instructions and maintenance of discipline therein; (b) co-ordination of activities of all the Institute campuses; (c) examining the development plans of the Institute and each Institute campus and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; and (d) examining the annual budget estimates of the Institute and each Institute campus and to recommend to the Central Government the allocation of funds for that purpose. (4) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act, Statutes and Ordinances. (5) The Director shall submit annual reports and accounts to the Governing Council. (6) The Central Government shall have the power to remove the Director before expiry of his tenure, if it considers it appropriate to do so. 19. (1) The Dean of each Institute campus shall be appointed on such terms and Dean. conditions as may be laid down by the Statutes and shall exercise such powers and perform such duties as may be assigned to him by this Act or the Statutes or by the Director. (2) Without prejudice to the provistions of sub-section (1), the Dean of each Institute campus shall look after all academic, administrative, research and other activities of the Institute campus in consultation with the Director. 20. (1) The Registrar of the Institute shall be appointed on such terms and conditions Registrar. as may be laid down by the Statutes and shall be the custodian of records, the common seal, the funds of the Institute and such other property of the Institute as the Governing Council shall commit to his charge. (2) The Registrar shall act as the Secretary of the Governing Council, the Plenum and such committees as may be prescribed by the Statutes. (3) The Registrar shall be responsible to the Director for the proper discharge of his functions. (4) The Registrar shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or by the Director. 21. The powers and duties of authorities and officers, other than those hereinbefore Powers and mentioned, shall be determined by the Statutes. duties of other authorities and officers.58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Grants by 22. For the purpose of enabling the Institute to discharge its functions efficiently Central under this Act, the Central Government may, after due appropriation made by Parliament by Government. law in this behalf, pay to the Institute in each financial year such sums of money and in such manner as it may think fit. Fund of 23. (1) The Institute shall maintain a Fund to which shall be credited— Institute. (a) all moneys provided by the Central Government; (b) all fees and other charges received by the Institute; (c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the Institute in any other manner or from any other source. (2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Insitute may, with the approval of the Central Government, decide. (3) The Fund shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its duties under this Act. Setting up of 24. Notwithstanding anything contained in section 23, the Central Government may Endowment direct the Institute to— Fund. (a) set up an Endowment Fund and any other Fund for specified purpose; and (b) transfer money from its Fund to Endowment Fund or any other Fund. Accounts and 25. (1) The Institute shall maintain proper accounts and other relevant records and audit. prepare an annual statement of accounts, including the balance sheet in such form as may be prescribed, in accordance with such general directions as may be issued by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India, generally has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Institute. (4) The accounts of the Institute as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. Pension and 26. (1) The Institute shall constitute, for the benefit of its employees, including the provident Director, such pension, insurance and provident funds as it may deem fit, in such manner and fund. subject to such conditions as may be laid down in the Statutes. (2) Where any provident fund has been constituted under sub-section (1), the Central Government may declare that the provisions of the Provident Funds Act, 1925 shall apply to 19 of 1925. such fund as if it were a Government provident fund. Appointment 27. All appointments of the staff of the Institute, except that of the Director, shall be of staff. made in accordance with the procedure laid down in the Statutes by— (a) the Governing Council, if the appointment is made on the academic staff in the post of Senior Designer or Professor or above or if the appointment is made on theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59 non-academic staff in any cadre, the maximum of the pay-scale for which is the same or higher than that of Senior Designer or Professor; and (b) the Director, in any other case. 28. Subject to the provisions of this Act, the Statutes may provide for all or any of the Statutes. following matters, namely:— (a) conferment of honorary degrees; (b) formation of departments of teaching, establishment of workshops, laboratories and studios; (c) fees to be charged for courses of study in the Institute including Institute campus and for admission to the examinations of degrees, diplomas and certificates of the Institute; (d) institution of fellowships, scholarships, exhibitions, medals and prizes; (e) qualifications of teachers of the Institute; (f) classification, method of appointment and the determination of the terms and conditions of service of officers, teachers and other staff of the Institute; (g) reservation of posts for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes of persons as may be determined by the Central Government; (h) constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute; (i) constitution, powers and duties of the authorities of the Institute and Institute campuses; (j) establishment and maintenance of halls and hostels; (k) conditions of residence of students of the Institute and the levying of the fees for residence in the halls and hostels and other charges; (l) manner of filling up of vacancies among members of the Governing Council; (m) allowances to be paid to the Chairperson and members of the Governing Council; (n) authentication of the orders and decisions of the Governing Council; (o) meetings of the Governing Council, Plenum, or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business; (p) any other matter which by this Act is to be or may be prescribed by the Statutes. 29. (1) The first Statutes of the Institute shall be framed by the Governing Council with Statutes how the previous approval of the Visitor and a copy of the same shall be laid as soon as may be to be made. before each House of Parliament. (2) The Governing Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereinafter in this section provided. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may assent thereto or withhold assent therefrom or remit it to the Governing Council for reconsideration. (4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. 30. Subject to the provisions of this Act and the Statutes, the Ordinances of the Ordinances. Institute may provide for all or any of the following matters, namely:—60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (a) admission of the students to the Institute including Institute campus; (b) reservation in admission to various courses or programmes of the Institute for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes; (c) courses of study to be laid down for all degrees, diplomas and certificates of the Institute; (d) conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the Institute and awards of degrees, diplomas and certificates; (e) conditions for award of fellowships, scholarships, exhibitions, medals and prizes; (f) conditions and mode of appointment and duties of examining body, examiners and moderators; (g) conduct of examinations; (h) maintenance of discipline among the students of the Institute; and (i) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances. Ordinances 31. (1) Save as otherwise provided in this section, Ordinances shall be made by the how to be Plenum. made. (2) All Ordinances made by the Plenum shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Governing Council and shall be considered by the Governing Council at its next meeting. (3) The Governning Council shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. Arbitral 32. (1) Any dispute arising out of a contract between the Institute and any of its Tribunal. employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to an Arbitral Tribunal consisting of one member appointed by the Institute, one member nominated by the employee and an umpire appointed by the Visitor. (2) The decision of the Arbitral Tribunal shall be final and shall not be questioned in any court. (3) No suit or proceedings shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Arbitral Tribunal. (4) The Arbitral Tribunal shall have power to regulate its own procedure. (5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitration under this section. CHAPTER III MISCELLANEOUS Acts and 33. No act of the Institute or Governing Council or Plenum or any other authority, set proceedings up under this Act or the Statutes, shall be invalid merely by reason of— not to be invalidated by (a) any vacancy in, or defect in the constitution thereof; vacancies, etc. (b) any defect in the election, nomination or appointment of a person acting as a member thereof; or (c) any irregularity in its procedure not affecting the merits of the case. Sponsored 34. Notwithstanding anything contained in this Act, whenever the Institute receives Schemes. funds from the Government, the University Grants Commission or any other agency including industry sponsoring a research scheme or a consultancy assignment or a teaching programmeSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61 or a Chaired Professorship or a scholarship, etc., to be executed or endowed at the Institute,— (a) the amount received shall be kept by the Institute separately from the Fund of the Institute and utilised only for that purpose; and (b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisations: Provided that any money remaining unutilised shall be transferred to the Endowment Fund set up under section 24 of this Act. 35. The Institute shall have the power to grant degrees, diplomas, certificates and Power of other academic distinctions under this Act, which shall be equivalent to such corresponding Institute to grant degrees, degrees, diplomas, certificates and other academic distinctions granted by any University or etc. Institute established or incorporated under any other law for the time being in force. 36. The Central Government may give such directions as it may deem necessary to the Power of Institute for effective administration of this Act and the Institute shall comply with such Central directions. Government to issue directions. 22 of 2005. 37. The provisions of the Right to Information Act, 2005 shall apply to the Institute, as Institute to be if it were a public authority as defined in clause (h) of section 2 of the said Act. public authority under Right to Information Act, 2005. 38. (1) The Central Government may, by notification make rules to carry out the purposes Power of of this Act. Central Government (2) In particular and without prejudice to the generality of the foregoing power, such to make rules. rules may provide for all or any of the following matters, namely:— (a) the manner of appointment of the Director and terms and conditions of his service under sub-section (1) of section 18; (b) the form and the manner in which the books of account of the Instutite shall be maintained under sub-section (1) of section 25; (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government shall be laid, as soon as may be 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, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 39. Notwithstanding anything contained in this Act— Transitional provisions. (a) the Governing Council of the Society functioning as such, immediately before the commencement of this Act, shall continue to so function until a new Governing Council is constituted for the Institute under this Act, but on the constitution of a new Govering Council under this Act, the members of the Govering Council holding office before such constitution shall cease to hold office; (b) the Policy and Planning Committee of the Society, functioning as such before the commencment of this Act, shall be deemed to be the Plenum constituted under this Act and continue to so function until a new Plenum is constituted for the Institute under this Act;62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) until the first Statutues and Ordinances are made under this Act, the rules and regulations, instructions, guidelines and bye-laws of the Society, in force immediately before the commencement of this Act, shall continue to apply to the Institute and Institute campus located at Kurseong, as the case may be, in so far as they are not inconsistent with the provisions of this Act. 40. (1) Every Statute or Ordinance made under this Act shall be published in the Statutes and Ordinances to Official Gazette. be published in the Official (2) Every Statute or Ordinance made under this Act shall be laid, as soon as may be Gazette and after it is made, before each House of Parliament, while it is in session, for a total period of to be laid thirty days which may be comprised in one sesssion or in two or more successive sessions, before and if, before the expiry of the session immediately following the session or the successive Parliament. session aforesaid, both Houses agree in making any modification in the Statute or Ordinance or both Houses agree that the Statute or Ordinance should not be made, the Statute or Ordinance shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modifiction or annulment shall be without prejudice to the validity of anything previously done under that Statue or Ordinance. (3) The power to make Statutes or Ordinances shall include the power to give retrospective effect from a date not earlier that the date of commencement of this Act to Statutes or Ordinances or any of them but no retrospective effect shall be given to any Statute or Ordinance so as to prejudicially affect the interests of any person to whom such Statutes or Ordinances any be applicable. Power to 41. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order published in the Official Gazette, make such provisions or give difficulties. such directions not inconsistent with the purposes of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63 STATEMENT OF OBJECTS AND REASONS The present legislation seeks to establish an institute to be known as the Kurseong Gorkha Institute of Fashion and Design at Kurseong in the State of West Bengal in order to impart quality eductaion in the field, of fashion technology and design. The Bill also proposes to confer the institute the status of national importance. 2. The Bill inter-alia, provides for the following, namely:— (i) The primary focus of the institute is to make available excellent technical and professional education in the field of Fashion Technology and Design; (ii) to offer such education coupled with latest technology; (iii) to synthesize the designing skills with managerial; (iv) to build Industry-Institute interaction; (v) to develop critical and analytical learning skills; (vi) to help students in achieving their career goals by exposing them to coprportate environment through internships, Placements, Industrial Visits, Workshops and Seminars; (vii) to act as liaision between the fashion and design industry and students through understanding the requirement of the Fashion and Design Industry and prepare the students as per the requirement wherein students achieve their career goals and company gets the required talented manpower; (viii) to promote research in the fields of Fashion Technology and Design; (ix) to encourage and assist creation of Fashion and Design by awarding prizes and distinctions; (x) to give recognition to and otherwise assist meritorious students of the institution; (xi) to revive and preserve traditional Indian Fashion and Design of different regions of the country and to encouraged innovation; (xii) to take suitable steps for the maintenance of proper and adequate standards of education in Fashion and Design and with that object to organize research in the teaching of the said subjects; (xiii) to foster Regional Fashion and Design contacts between the different regions of the country and also with other countries; and (xiv) to do all such other acts and things either alone or in conjuction with other organizations of persons as the Central Government may consider necessary, incidental or conducive to the attainment of the above said objectives. The Bill seeks to achieve the above objectives. SHANTA CHHETRI64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill seeks to establish an Institute to be known as the Kurseong Gorkha Institute of Fashion and Design at Kurseong in the State of West Bengal. Clause 22 makes it obligatory for the Central Government to provide requisite funds for carrying out the pursposes of the Bill. The Bill if enacted, will involve expenditure from the Consolidated Fund of India. It is not possible to quantify the actual expenditure at this juncture, but it is estimated that a sum of rupees one hundred crore may be as recurring expenditure per annum. A non-recurring expenditure to the tune of rupees on hundred fifty crore may also be involved for creating various assets throughout the country.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 38 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. The rules will relate to matters of details only. The delegation of legislative power is of normal character.66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— XIV BILL NO. XXIV OF 2022 A Bill to establish and incorporate the Kalimpong Films and Music Institute in the State of West Bengal, to offer professional training in the disciplines of film making, study of sound, music, various instruments, to promote various media education and media management and to nurture young talents in the field of creative film making and music by providing world class training facility by adopting best international practices and for matters connected therewith or incidental thereto. BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title and 1. (1) This Act may be called The Kalimpong Films and Music Institute Act, 2022. commencement.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67 (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 2. Whereas the objects of the institution known to be as the Kalimpong Films and Declaration of Music Institute, Kalimpong, are such as to make it the institution of national importance, it is the The Kalimpong hereby declared that the Kalimpong Films and Music Institute, Kalimpong is an institution of Films and national importance. Music Institute, Kalimpong, as an institution of national importance. 3. In this Act, unless the context otherwise requires,— Definitions. (a) “Chairperson” means the Chairperson of the Governing Council nominated under clause (a) of section 11; (b) “Dean”, in relation to any Institute campus, means the Dean of such Institute campus; (c) “Director” means Director of the Institute, as appointed under section 18; (d) “film” means single media or multimedia entertainment content for distribution or exhibition to the general public by any means and media in any digital media format, film, or videotape, including, but not limited to, a motion picture, a documentary, a television series, a television miniseries, a television special, interstitial television programming, long-form television, interactive television, music videos, interactive games, video games, commercials, internet programming, an internet video, a sound recording, a video, digital animation, or an interactive website; (e) “film making” the process of making films; (f) “Fund” means the Fund of the Institute maintained under section 23; (g) “Governing Council” means the Governing Council of the Institute, as constituted under section 11; (h) “Institute” means the Kalimpong Films and Music Institute, Kalimpong, incorporated under section 4; (i) “Institute campus” means the campus of the Institute located at Kalimpong in the State of West Bengal, or such other campus as may be established by the Institute at any place within India or outside India; (j) “music” means any musical compositions, master recordings, and any other recordings containing sounds or a series of sounds, in all formats, now known and hereinafter developed; (k) “Notification” means a notification published in the Official Gazette; (l) “prescribed” means prescribed by rules made under this Act; (m) “Plenum” means the Plenum of the Institute; (n) “Registrar” means Registrar of the Institute; (o) “Society” means the Kalimpong Films and Music Institute, Kalimpong, 21 of 1860. registered as a society under the Societies Registration Act, 1860; (p) “Statutes” and “Ordinances” mean the Statutes and the Ordinances of the Institute made under this Act.68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER II THE INSTITUTE Establishment 4. (1) With effect from such date as the Central may by Notification in the Official and Gazette appoint, the Society shall be incorporated as a body corporate by the name the incorporation Kalimpong Films and Music Institute, established as having perpetual succession and a of Institute. common seal with power to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued. (2) The body corporate constituting the Institute shall consist of a Chairperson, a Director and other members of the Governing Council for the time being of the Institute. (3) The headquarters of the Institute shall be in the district of Kalimpong in the State of West Bengal. (4) The Institute may establish an Institute campus at such other place within India or outside India, as it may deem fit: Provided that each campus of the Institute registered as Society established before the commencement of this Act, at Kalimpong in the State of West Bengal, shall be deemed to be the Institute campus. Effect of the 5. On and from the date of commencement of this Act,— incorporation of the Institute. (a) any reference to the Society in any law (other than this Act) or in any contract or other instrument shall be deemed as a reference to the Institute incorporated under this Act; (b) all property, movable and immovable of, or belonging to, the Society, shall vest in the Institute; (c) all the rights and liabilities of the Society shall be transferred to, and be, the rights and liabilities of, the Institute; (d) any reference to any campus of the Institute, established before the commencement of this Act, shall be deemed as a reference to that Institute campus; (e) every person employed by the Society, immediately before such commencement, shall hold his office or service in the Institute including the Institute campuses, located at Kalimpong in the State of West Bengal, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same, if this Act had not been enacted, and shall continue to be so, unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the Institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the Institute of compensation equivalent to three months' remuneration in the case of permanent employee and one month's remuneration in the case of other employee. Powers of 6. (1) Subject to the provisions of this Act, the Institute shall exercise the following Institute. powers and perform the following duties, namely:— (a) to provide for instructions, research and training in the areas or disciplines relating to films and music and to nurture and promote quality and excellence thereof in such areas or disciplines; (b) to develop courses leading to graduate and postgraduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to films and music;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69 (c) to hold examinations and grant degrees, and diplomas and other academic distinctions or titles in the areas or disciplines relating to films and music; (d) to confer honorary degrees, awards or other distinctions in the areas or disciplines relating to films and music; (e) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (f) to fix, demand and receive fees and other charges; (g) to establish, maintain and manage halls and hostels for the residence of the students; (h) to supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life; (i) to institute academic and other posts and to make appointments thereto (except in the case of the Director); (j) to frame Statutes and Ordinances and to alter, modify or rescind the same; (k) to co-operate with educational or other institutions in any part of the world having objects wholly or partly similar to those of the Institute by exchange of faculty members and scholars and generally in such manner as may be conducive to their common objective; (l) to act as a nucleus for interaction between academia and industry by encouraging exchange of film makers and musicians and other technical staff between the Institute and the industry and by undertaking sponsored and funded research as well as consultancy projects by the Institute; (m) to establish, equip and maintain workshops or laboratories or studios with modern machinery and equipments in order to undertake scientific and technological research for creating good films and music for the production of goods and services and to provide funds for such works and for payment to any person or persons engaged in service, training and research work whether in such workshop or laboratory or studio; (n) to acquire any patent or licence relating to such invention, improvement or design or standardisation marks whether for general or specific purposes; (o) to undertake consultancy in the areas or disciplines relating to films and music; (p) to deal with any property belonging to, or vested in, the Institute, in such manner as the Institute may deem fit for advancing the objects of the Institute; (q) to receive gifts, grants, donations or benefactions from the Government and to receive bequests, donations and transfers of movable or immovable properties from testators, donors or transferors, as the case may be; (r) to encourage and improve education of persons who are engaged or are likely to be engaged in the service, training or research activities by grant of loans, scholarships or other monetary assistance or otherwise; (s) to prepare, print, publish, issue, acquire and circulate books, papers, periodicals, exhibits, films, slides, gadgets, circulars and other literary undertakings, dealing with or having a bearing upon the subject of films and music and allied fields; (t) to establish, form and maintain museums, libraries and collections of literature and films, slides, photographs, prototypes and other information relating films and music and allied subjects;70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (u) to nominate film makers, musicians, craftsmen, technicians or investigators to study in India or outside India in regard to the service, training and research in such fields as the Institute may think fit; (v) to retain or employ skilled professional, technical advisers, consultants, workers or craftsmen in connection with the objects of the Institute; (w) to encourage film makers and musicians, technicians and others with inventive skill to work out details and specifications of processes, appliances and gadgets by giving awards, financial or technical assistance; (x) to construct buildings and alter, extend, improve, repair, enlarge or modify and to provide and equip the same with light, water, drainage, furniture, fittings and all other accessories; (y) to borrow and raise moneys, with or without security or on the security of a mortgage, charge, or hypothecation or pledge of any of the movable or immovable properties belonging to the Institute or in any other manner; (z) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute. (2) Notwithstanding anything contained in sub-section (1), the Institute shall not dispose of in any manner any immovable property without the prior approval of the Visitor. Institute be 7. (1) The Institute shall be open to persons of either sex and of whatever race, creed, open to all caste or class, and no test or condition shall be imposed as to religious belief or profession races, creeds in admitting or appointing members, students, teachers or workers or in any other connection and classes. whatsoever. (2) No bequest, donation or transfer of any property shall be accepted by the Institute, which in the opinion of the Governing Council involves conditions or obligations opposed to the spirit and objects of the Institute. Teaching at 8. All teaching at the Institute and the Institute campuses shall be conducted by or in Institute. the name of the Institute in accordance with the Statutes and the Ordinances made in this behalf. Visitor. 9. (1) The Chief Minister of West Bengal shall be the Visitor of the Institute. (2) The Visitor may appoint one or more persons to review the work and progress of the Institute or any Institute campus and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct. (3) Upon receipt of any such report, the Visitor may take such action and issue such directions as he/she considers necessary in respect of any of the matters dealt with in the report and the Institute shall be bound to comply with such directions. Authorities of 10. The following shall be the authorities of the Institute, namely:— Institute. (a) the Governing Council; (b) a Plenum; and (c) such other authorities as may be declared by the Statutes to be the authorities of the Institute. Governing 11. The Governing Council shall consist of the following members, namely:— Council. (a) a Chairperson, who shall be an eminent academician, film maker or veteran actor or professional technician from the film making or music industry, to be nominated by the Visitor; (b) the Director, ex-officio; (c) the Financial Adviser in the Ministry or Department of the Government of India dealing with films or music, ex-officio;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71 (d) the Joint Secretary, in the Ministry or Department in the Government of India dealing with the films or music, ex-officio; (e) one representative of the Ministry or Department of the Government of India not below the rank of Joint Secretary dealing with higher education, to be nominated by the Secretary of that Ministry or Department, ex-officio; (f) one representative of the Ministry or Department of the Government of India not below the rank of Joint Secretary dealing with Information Technology to be nominated by the Secretary of that Ministry or Department, ex-officio; (g) one representative from the State in which the Institute campus is located, to be nominated by that State Government; (h) five professionals, one each from the fields of drama, performing arts, sound engineering, fine arts, mass media and technology, to be nominated by the Central Government; (i) A Dadasaheb Phalke Awardee, to be nominated by the Visitor in consultation with the Central Government; (j) a management expert, to be nominated by the Chairperson; (k) a representative of the micro, small and medium enterprises, to be nominated by the Central Government; (l) three persons to be nominated by the Plenum from amongst persons recommended by companies, firms or individuals who have provided financial assistance or contribution to the Institute: Provided that the threshold of financial assistance or contribution and other requirements to qualify for such nomination shall be such as may be provided for in the Statutes; and (m) Dean of Institute campus, ex-officio. 12. (1) The term of office of the Chairperson or any other member of the Governing Term of office Council (other than an ex-officio member) shall be four years from the date of his nomination. of, vacancies among, and (2) Save as otherwise provided in this section, the term of office of an ex-officio allowances member shall continue so long as he holds the office by virtue of which he is a member. payable to Chairperson (3) The term of office of a member of the Governing Council nominated to fill a casual and other vacancy shall continue for the remainder of the term of the member in whose place he has members of Governing been nominated. Council. (4) Notwithstanding anything contained in this section, an outgoing member shall, unless the Governing Council otherwise directs, continue in office until another person is nominated as a member in his place. (5) The members of the Governing Council shall be entitled to such allowances, if any, from the Institute as may be provided for in the Statutes but no member other than the persons referred to in clauses (b) and (m) of section 11 shall be entitled to any salary by reason of this sub-section. 13. The Governing Council shall meet at least four times in a year at such place and Meeting of time and observe such rules of procedure in regard to the transaction of business at its Governing meetings, as may be determined by the Governing Council. Council. 14. (1) Subject to the provisions of this Act, the Governing Council shall be responsible Powers and for the general superintendence, direction and control of the affairs of the Institute and shall functions of Governing exercise all the powers of the Institute not otherwise provided for by this Act, the Statutes Council. and the Ordinances, and shall have the power to review the acts of the Plenum.72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) Without prejudice to the provisions of sub-section (1), the Governing Council shall— (a) take decisions on questions of policy relating to the administration and working of the Institute; (b) take decision on the establishment of new Institute campus at any place in India or outside India; (c) institute courses of study at the Institute; (d) institute academic and other posts and to make appointments thereto; (e) make Statutes; (f) consider and modify or cancel Ordinances; (g) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the Institute including each of the Institute campuses for the next financial year, as it thinks fit and submit them to the Central Government together with a statement of its development plans; and (h) exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes. (3) The Governing Council shall have power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this Act. (4) The Governing Council shall have the power to enter into arrangements with the Central Government, State Governments and other public or private organisations or individuals in India or outside India for securing and accepting endowments, grants, donations or gifts to the Institute on mutually agreed terms and conditions: Provided that the conditions of such grant, donation or gift, if any, shall not be inconsistent or in conflict with the nature or objects of the Institute and the provisions of this Act. (5) The Governing Council shall have the power to take over and acquire by purchase, gift or otherwise from Government and other public bodies or private individuals willing to transfer movable and immovable properties, endowments or other funds together with any attendant obligations and engagements not inconsistent with the provisions of this Act. (6) The Governing Council may by specific resolution to this effect delegate to the Chairperson such of its powers for the conduct of business, as it may deem necessary. Plenum. 15. The Plenum of the Institute shall consist of the following persons, namely:— (a) the Director, ex-officio, who shall be the Chairman of the Plenum; (b) Dean of each Institute campus, ex-officio; (c) Senior Professors of the Institute and of the Institute campuses; (d) three persons, not being employees of the Institute, to be nominated by the Chairperson in consultation with the Director, from amongst educationists of repute, one each from the fields of science, engineering and humanities and at least one of them shall be a woman; (e) one alumnus of the Institute to be nominated by the Chairperson in consultation with the Director; and (f) such other members of the staff as may be laid down in the Statutes. Functions of 16. Subject to the provisions of this Act, the Statutes and the Ordinances, the Plenum Plenum. of the Institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the Institute and shallSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 73 exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes. 17. (1) The Chairperson shall ordinarily preside at the meetings of the Governing Functions, Council and at the convocations of the Institute. powers and duties of (2) It shall be the duty of the Chairperson to ensure that the decisions taken by the Chairperson. Governing Council are implemented. (3) The Chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes. 18. (1) The Director of the Institute shall be appointed by the Central Government for Director. a tenure of five years in such manner and on such terms and conditions of service as may be prescribed. (2) The Director shall be appointed on the recommendations of the Selection Committee constituted by the Central Government. (3) The Director shall be the principal executive officer of the Institute and shall be responsible for— (a) proper administration of the Institute and for imparting of instructions and maintenance of discipline therein; (b) co-ordination of activities of all the Institute campuses; (c) examining the development plans of the Institute and each Institute campus and to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; and (d) examining the annual budget estimates of the Institute and each Institute campus and to recommend to the Central Government the allocation of funds for that purpose. (4) The Director shall exercise such other powers and perform such other duties as may be assigned to him by this Act, Statutes and Ordinances. (5) The Director shall submit annual reports and accounts to the Governing Council. (6) The Central Government shall have the power to remove the Director before expiry of his tenure, if it considers it appropriate to do so. 19. (1) The Dean of each Institute campus shall be appointed on such terms and Dean. conditions as may be laid down by the Statutes and shall exercise such powers and perform such duties as may be assigned to him by this Act or the Statutes or by the Director. (2) Without prejudice to the provisions of sub- section (1), the Dean of each Institute campus shall look after all academic, administrative, research and other activities of the Institute campus in consultation with the Director. 20. (1) The Registrar of the Institute shall be appointed on such terms and conditions Registrar. as may be laid down by the Statutes and shall be the custodian of records, the common seal, the funds of the Institute and such other property of the Institute as the Governing Council shall commit to his charge. (2) The Registrar shall act as the Secretary of the Governing Council, the Plenum and such committees as may be prescribed by the Statutes. (3) The Registrar shall be responsible to the Director for the proper discharge of his functions. (4) The Registrar shall exercise such other powers and perform such other duties as may be assigned to him by this Act or the Statutes or by the Director.74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Powers and 21. The powers and duties of authorities and officers, other than those hereinbefore duties of other mentioned, shall be determined by the Statutes. authorities and officers. Grants by 22. For the purpose of enabling the Institute to discharge its functions efficiently Central under this Act, the Central Government may, after due appropriation made by Parliament by Government. law in this behalf, pay to the Institute in each financial year such sums of money and in such manner as it may think fit. Fund of 23. (1) The Institute shall maintain a Fund to which shall be credited— Institute. (a) all moneys provided by the Central Government; (b) all fees and other charges received by the Institute; (c) all moneys received by the Institute by way of grants, gifts, donations, benefactions, bequests or transfers; and (d) all moneys received by the Institute in any other manner or from any other source. (2) All moneys credited to the Fund shall be deposited in such banks or invested in such manner as the Institute may, with the approval of the Central Government, decide. (3) The Fund shall be applied towards meeting the expenses of the Institute including expenses incurred in the exercise of its powers and discharge of its duties under this Act. Setting up of 24. Notwithstanding anything contained in section 23, the Central Government may Endowment direct the Institute to— Fund. (a) set up an Endowment Fund and any other Fund for specified purpose; and (b) transfer money from its Fund to Endowment Fund or any other Fund. Accounts and 25. (1) The Institute shall maintain proper accounts and other relevant records and audit. prepare an annual statement of accounts, including the balance sheet, in such form as may be prescribed, in accordance with such general directions as may be issued by the Central Government in consultation with the Comptroller and Auditor-General of India. (2) The accounts of the Institute shall be audited by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the Institute to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Institute shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India, generally has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Institute. (4) The accounts of the Institute as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. Pension and 26. (1) The Institute shall constitute, for the benefit of its employees, including the provident fund. Director, such pension, insurance and provident funds as it may deem fit, in such manner and subject to such conditions as may be laid down in the Statutes. (2) Where any provident fund has been constituted under sub-section (1), the Central Government may declare that the provisions of the Provident Funds Act, 1925 shall apply to 19 of 1925. such fund as if it were a Government provident fund.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75 27. All appointments of the staff of the Institute, except that of the Director, shall be Appointment made in accordance with the procedure laid down in the Statutes by— of Staff. (a) the Governing Council, if the appointment is made on the academic staff in the post of Senior Film maker or Professor or above or if the appointment is made on the non-academic staff in any cadre, the maximum of the pay-scale for which is the same or higher than that of Film maker or Professor; and (b) the Director, in any other case. 28. Subject to the provisions of this Act, the Statutes may provide for all or any of the Statutes. following matters, namely: — (a) conferment of honorary degrees; (b) formation of departments of teaching, establishment of workshops, laboratories and studios; (c) fees to be charged for courses of study in the Institute including Institute campus and for admission to the examinations of degrees, diplomas and certificates of the Institute; (d) institution of fellowships, scholarships, exhibitions, medals and prizes; (e) qualifications of teachers of the Institute; (f) classification, method of appointment and the determination of the terms and conditions of service of officers, teachers and other staff of the Institute; (g) reservation of posts for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes of persons as may be determined by the Central Government; (h) constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the Institute; (i) constitution, powers and duties of the authorities of the Institute and Institute campuses; (j) establishment and maintenance of halls and hostels; (k) conditions of residence of students of the Institute and the levying of the fees for residence in the halls and hostels and other charges; (l) manner of filling up of vacancies among members of the Governing Council; (m) allowances to be paid to the Chairperson and members of the Governing Council; (n) authentication of the orders and decisions of the Governing Council; (o) meetings of the Governing Council, Plenum, or any Committee, the quorum at such meetings and the procedure to be followed in the conduct of their business; (p) any other matter which by this Act is to be or may be prescribed by the Statutes. 29. (1) The first Statutes of the Institute shall be framed by the Governing Council with Statutes how the previous approval of the Visitor and a copy of the same shall be laid as soon as may be to be made. before each House of Parliament. (2) The Governing Council may, from time to time, make new or additional Statutes or may amend or repeal the Statutes in the manner hereinafter in this section provided. (3) Every new Statute or addition to the Statutes or any amendment or repeal of a Statute shall require the previous approval of the Visitor who may assent thereto or withhold assent therefrom or remit it to the Governing Council for reconsideration.76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor. Ordinances. 30. Subject to the provisions of this Act and the Statutes, the Ordinances of the Institute may provide for all or any of the following matters, namely: — (a) admission of the students to the Institute including Institute campus; (b) reservation in admission to various courses or programmes of the Institute for the Scheduled Castes, the Scheduled Tribes and Other Backward Classes; (c) courses of study to be laid down for all degrees, diplomas and certificates of the Institute; (d) conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the Institute and award of degrees, diplomas and certificates; (e) conditions for award of fellowships, scholarships, exhibitions, medals and prizes; (f) conditions and mode of appointment and duties of examining body, examiners and moderators; (g) conduct of examinations; (h) maintenance of discipline among the students of the Institute; and (i) any other matter which by this Act or the Statutes is to be or may be provided for by the Ordinances. Ordinances 31. (1) Save as otherwise provided in this section, Ordinances shall be made by the how to be Plenum. made. (2) All Ordinances made by the Plenum shall have effect from such date as it may direct, but every Ordinance so made shall be submitted, as soon as may be, to the Governing Council and shall be considered by the Governing Council at its next meeting. (3) The Governing Council shall have power by resolution to modify or cancel any such Ordinance and such Ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be. Arbitral 32. (1) Any dispute arising out of a contract between the Institute and any of its Tribunal. employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to an Arbitral Tribunal consisting of one member appointed by the Institute, one member nominated by the employee and an umpire appointed by the Visitor. (2) The decision of the Arbitral Tribunal shall be final and shall not be questioned in any court. (3) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Arbitral Tribunal. (4) The Arbitral Tribunal shall have power to regulate its own procedure. (5) Nothing in any law for the time being in force relating to arbitration shall apply to arbitration under this section. CHAPTER III MISCELLANEOUS Acts and 33. No act of the Institute or Governing Council or Plenum or any other authority, proceedings set up under this Act or the Statutes, shall be invalid merely by reason of— not to be invalidated by (a) any vacancy in, or defect in the constitution thereof; or vacancies, etc.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77 (b) any defect in the election, nomination or appointment of a person acting as a member thereof; or (c) any irregularity in its procedure not affecting the merits of the case. 34. Notwithstanding anything contained in this Act, whenever the Institute receives Sponsored funds from any Government, the University Grants Commission or any other agency including schemes. industry sponsoring a research scheme or a consultancy assignment or a teaching programme or a Chaired Professorship or a scholarship, etc., to be executed or endowed at the Institute,— (a) the amount received shall be kept by the Institute separately from the Fund of the Institute and utilised only for that purpose; and (b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisations: Provided that any money remaining unutilised shall be transferred to the Endowment Fund set up under section 24 of this Act. 35. The Institute shall have the power to grant degrees, diplomas, certificates and Power of other academic distinctions under this Act, which shall be equivalent to such corresponding Institute to grant degrees, degrees, diplomas, certificates and other academic distinctions granted by any University or etc. Institute established or incorporated under any other law for the time being in force. 36. The Central Government may give such directions as it may deem necessary to the Powers of Institute for effective administration of this Act and the Institute shall comply with such Central Government directions. to issue directions. 37. The provisions of the Right to Information Act, 2005 shall apply to the Institute, as Institute to be if it were a public authority as defined in clause (h) of section 2 of the Right to Information public authority 22 of 2005. Act, 2005. under Right to Information Act, 2005. 38. (1) The Central Government may, by notification, make rules to carry out the Power of purposes of this Act. Central Government (2) In particular and without prejudice to the generality of the foregoing power, such to make rules. rules may provide for all or any of the following matters, namely:— (a) the manner of appointment of the Director and terms and conditions of his service under sub-section (1) of section 18; (b) the form and the manner in which the books of account of the Institute shall be maintained under sub-section (1) of section 25; (c) any other matter which is required to be, or may be, prescribed. (3) Every rule made by the Central Government shall be laid, as soon as may be 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, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 39. Notwithstanding anything contained in this Act— Transitional provisions. (a) the Governing Council of the Society functioning as such, immediately before the commencement of this Act, shall continue to so function until a new Governing78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Council is constituted for the Institute under this Act, but on the constitution of a new Governing Council under this Act, the members of the Governing Council holding office before such constitution shall cease to hold office; (b) the Policy and Planning Committee of the Society, functioning as such before the commencement of this Act, shall be deemed to be the Plenum constituted under this Act and continue to so function until a new Plenum is constituted for the Institute under this Act; (c) until the first Statutes and Ordinances are made under this Act, the rules and regulations, instructions, guidelines and bye-laws of the Society, in force immediately before the commencement of this Act, shall continue to apply to the Institute and Institute campus located at Kalimpong, as the case may be, in so far as they are not inconsistent with the provisions of this Act. Statutes and 40. (1) Every Statute or Ordinance made under this Act shall be published in the Ordinances to Official Gazette. be published in the Official (2) Every Statute or Ordinance made under this Act shall be laid, as soon as may be Gazette and to after it is made, before each House of Parliament, while it is in session, for a total period of be laid before thirty days which may be comprised in one session or in two or more successive sessions, Parliament. 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 Statute or Ordinance or both Houses agree that the Statute or Ordinance should not be made, the Statute or Ordinance 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 shall be without prejudice to the validity of anything previously done under that Statute or Ordinance. (3) The power to make Statutes or Ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act to Statutes or Ordinances or any of them but no retrospective effect shall be given to any Statute or Ordinance so as to prejudicially affect the interests of any person to whom such Statutes or Ordinances may be applicable. Power to 41. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order published in the Official Gazette, make such provisions or give difficulties. such directions not inconsistent with the purposes of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the appointed day. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79 STATEMENT OF OBJECTS AND REASONS The proposed legislation inter-alia, seeks to establish the Films and Music Institute and evolve it as a Centre of creative excellence in various disciplines of film study, film making, music study, music production and work towards the following object:— (i) to co-ordinate the activities of film making, drama and music; (ii) to encourage the setting up of institutions providing training in the art of film making, including instruction in actors' training, study of stagecraft and production of plays; (iii) to promote research in the fields of film making, drama and music and for this purpose, to establish the institution of learning, etc.; (iv) to co-operate with such similar academies as there may be and other institutions and associations for the furtherance of its objects and for the enrichment of film making, drama and music as a whole; (v) to encourage the exchange of ideas and enrichment of techniques between the different regions in regard to the film making, drama and music; (vi) to encourage and assist production of new plays by awarding prizes and distinctions; (vii) to give recognition to and otherwise assist meritorious students of the Institute; (viii) to encourage the development of amateur film activity, children centric film making and music; (ix) to revive and preserve Indian film, music, folk music and folk drama in different regions of the country and to encourage the development of community music, martial music, and other types of music; (x) to take suitable steps for the maintenance of proper and adequate standards of education in film making, drama and music and with that object to organize research in the teaching of the said subjects; (xi) to foster regional film and music contacts between the different regions of the country and also with other countries in the fields of film, drama and music; and (xii) to do all such other acts and things either alone or in conjunction with other organizations or persons as the central Government may consider necessary, incidental or conducive to the attainment of the above said objectives. Hence, this Bill. SHANTA CHHETRI80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill provides for establishment of the Kalimpong Films and Music Institute, in the state of West Bengal at Kalimpong. Clause 22 makes it obligatory for the Central Government to provide requisite funds for carrying out the purposes of the Bill. The Bill if enacted, will involve expenditure from the Consolidated Fund of India. It is not possible to quantify the actual expenditure at this juncture, but it is estimated that a sum of rupees one hundred crore may be as recurring expenditure per annum. A non-recurring expenditure to the tune of rupees one hundred and fifty crore may also be involved for creating various assets throughout the country.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 38 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. The rules will relate to matters of details only. The delegation of legislative power is of normal character.82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— XV BILL NO. XXIII OF 2022 A Bill to prevent the loss of job opportunities of Scheduled Castes, Scheduled Tribes and Backward Communities due to disinvestment of Public Sector Undertakings and for matters connected therewith or incidental thereto. BE it enacted by the Parliament in the Seventy-third Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Reservation in Employment in Disinvested Public extent and Sector Undertakings Act, 2022; commencement. (2) It extends to the whole of India; and (3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires, — (a) "appropriate Government" means— (i) in the case of a State, the Government of that State;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83 (ii) in the case of an Union Territory having its own legislature, the Government of that Union Territory; and (iii) in other cases, the Central Government. (b) "disinvested company" means a PSU of which more than fifty percent of shares has been sold to private players as part of strategic disinvestment or sale of shares; (c) "disinvestment" means selling of shares of a PSU to non-governmental organization or private companies or individuals etc. or privatizing the company; and (d) "PSU" means a Public Sector Undertaking. 3. (1) The prevailing or pre-existing pattern of reservation in employment in a Reservation PSU which is under disinvestment or is already disinvested shall be continued. in employment (2) The appropriate Government shall ensure the implementation of reservation in disinvested in employment in a disinvested PSU, as provided under sub-section (1). PSU. (3) The appropriate Government shall make an agreement with the concerned company management at the time of disinvestment of a PSU to fulfill the reservation in employment as provided under sub-section (2).84 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Scheduled Castes, Scheduled Tribes and Backward Communities are socially, educationally and economically backward. The job reservation prevailing in Government service and Public Sector Undertakings are the only assured job opportunities for these sections. Reservation is not implemented in Private Sector. When a Public Sector Undertaking is disinvested, it needs to be ensured that reservation is continued as reservation in employment has a major role in maintaining social justice. Hence, this Bill. K. SOMAPRASADSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85 XVI BILL NO. XIX OF 2022 A Bill to bring about further accountability and parliamentary oversight to the legislative and policy-making process in the country, and to improve the quality of expenditure made by the Union Government and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Legislation and Expenditure Accountability Act, 2022. Short title, extent and (2) It extends to the whole of India. commencement. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "Act" means any legislation that has been effected as law;86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "Committee" means the National Consultative Committee constituted under section 5 of this Act; (c) "government" refers to the government of India; (d) "legislation" means any of the followinng Bills introduced by a Minister in the Government in either House of Parliament, which seeks to be converted into an Act and effected as law:— (i) ordinary Bill, i.e., any other Bill except the ones defined in Sub clauses (ii) to (v) below; (ii) Money Bill as defined under Article 110 of the Constitution of India; (iii) any Bill which involves expenditure from the Consolidated Fund of India; (iv) ordinance-replacing Bill, i.e., a Bill brought before the Parliament to replace an ordinance, with or without modifications, promulgated by the President under article 123 of the Constitution; (v) Constitution amendment Bill, i.e. any Bill that seeks to amend the Constitution of India. (e) "Legislation Impact Analysis" means the document published by a Ministry as per section 4 of this Act; (f) "major Act" means any major legislation that has been effected as law; (g) "market failure" means any of the following situations which may result in markets not allocating resources efficiently:— (i) market power where one party in the negotiation or a contract has little power and therefore, experiences a loss of choice, which may include monopolies and oligopolies; or (ii) asymmetric information where the process of negotiation works poorly as one party involved lacks information relative to the other; or (iii) externalities where the consequences of the action of two negotiating parties are not negotiated, and thus, may lead to an effect on a third party; or (iv) provision of public goods where goods that are being provided are non rivalrous in that consumption of that good or service by one person does not lead to lesser availability for another; and non-excludable in that consumption of a good or service by one person does not exclude another person from consuming that good or service. (h) "major legislation" means any legislation that is likely to result in:— (i) an expenditure of rupees one thousand crores or above from the consolidated fund of India; or (ii) an annual effect on the economy of rupees ten thousand crores or above; or (iii) a major increase in costs or prices for consumers, individual industries, Union, State, or local governments, or geographic regions; or (iv) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of India-based enterprises to compete with foreign-based enterprises in domestic or export markets; or (v) significant regulation of any item either under the Union or Concurrent List of the Seventh Schedule to the Constitution or any item on the State List that the Union Government seeks to regulate;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87 (i) "major scheme" means any scheme that is likely to result in a recurring expenditure of one thousand crores or above from the consolidated fund of India or a cumulative expenditure of rupees one thousand crores or above within three years from the day of the implementation of the scheme; (j) "Post-Implementation Assessment Report" means the report published by a Ministry under section 11 of this Act; (k) "prescribe" means prescribed by the rules made under this Act; (l) "Review Committee" means the Review Committee constituted under section 13 of this Act; (m) "scheme" refers to any centrally sponsored scheme or any central sector scheme as declared by the government; and (n) "Scheme Impact Analysis" means the document published by a Ministry as per section 4 of this Act. CHAPTER II PRE-LEGISLATIVE REQUIREMENTS 3. (1) For every legislation that is sought to be introduced in the House of Parliament General or any scheme that is implemented, the concerned Ministry of the Government shall adhere requirements to the following requirements:— of every scheme and (a) the scheme or legislation shall be based on adequate information concerning legislation. the need for, and consequences of proposed Government action; (b) the legislation or scheme shall not be undertaken unless the potential benefits to society from the legislation or scheme outweigh the potential costs to society; (c) objectives of the legislation or scheme shall be clearly delineated and chosen so as to maximize the net benefits to society; (d) among alternative approaches to any objective being sought by the scheme or legislation, the alternative involving the least net cost to society shall be chosen; and (e) the Ministry concerned shall set regulatory priorities with the aim of maximizing the aggregate net benefits to society, taking into account the condition of the particular industries affected by regulations, the condition of the national economy, and other regulatory actions contemplated for the future. 4. (1) In order to implement the objectives as set out in section 3 of this Act, each Impact Ministry of the Government shall, in connection with every legislation, except those making analysis of the proposed clarifications, correcting procedural and formatting errors, or every major scheme, prepare legislation or and publish a document called the Legislation Impact Analysis or Scheme Impact Analysis, scheme. respectively, at the time of their introduction. (2) Every Legislation Impact Analysis or Scheme Impact Analysis shall contain the following information:— (a) the objectives and goals of the legislation or scheme which are sought to be achieved along with clear measurable or quantifiable outcomes that may be monitored: Provided that the requirement to list out clear measurable or quantifiable outcomes that may be monitored shall, among legislations, be applicable only to a major legislation or for which it is possible to list out clear measurable or quantifiable outcomes; (b) the potential market failure(s) that are being sought to be addressed by the legislation or scheme; (c) studies that have examined the efficacy of the intervention that is sought to be undertaken, by the scheme or legislation, including international experiences in the implementation of a similar intervention;88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (d) a description of the potential benefits of the legislation or scheme, including any beneficial effects that cannot be quantified in monetary terms, and the identification of those likely to receive the benefits; (e) a description of the potential costs of the legislation or scheme, including any adverse effects that cannot be quantified in monetary terms, and the identification of those likely to bear the costs; (f) a comprehensive analysis of all the stakeholders who are likely to be affected by the proposed intervention; (g) a determination of the potential net benefits of the legislation or scheme, including an evaluation of effects that cannot be quantified in monetary terms; (h) a description of alternative approaches that may substantially achieve the goals as laid out in clause (a) of this section at lower cost, together with an analysis of their potential benefit and costs and a brief explanation of the legal reasons why such alternatives, if proposed, may not be adopted; and (i) unless covered by the description required under clause (h) of this section, an explanation of any legal reasons why the legislation or scheme cannot be based on the requirement set forth in section 3 of this Act. Constitution 5. (1) For the purpose of assisting the Government in the requirement as laid out in of National section 4 of the Act, there shall be constituted a National Consultative Committee comprising Consultative of the following members:— Committee. (a) the Union Minister of Finance as the Chairperson ex-officio; (b) two members nominated from amongst the Member of Council of States i.e., the or Rajya Sabha; (c) three members nominated from amongst the Members of the House of the People i.e. Lok Sabha; (d) six members being experts wherein two members shall be from the field of economics, two from the field of law, one from the field of public policy, and one from the field of statistics, who is also an expert in survey design; and (e) two ex-officio representatives, including the Chief Economic adviser, from the Ministry of Finance or NITI Aayog, and one from the Ministry of Statistics and Programme Implementation not below the rank of Joint Secretary to the Government or equivalent. (2) the Commitee shall be constituted within a period of sixty days from the date of commencement of this Act, and shall be reconstituted for every three years thereafter. (3) The salary and allowance payable to, and the terms and conditions of service of the Members of the Committee, shall be such as may be prescribed. Functions of 6. (1) The functions of the Committee shall be as follows:— the National Consultative (a) to formulate the procedure and methodology which would serve as a guide Committee. for the preparation of the Legislative Impact Analysis or Scheme Impact Analysis, drawing upon international practices and emerging studies in the field of cost- benefit analysis; (b) to publish in consultation with relevant experts, both national and international, a document, within eight months of the commencement of this Act, detailing the procedure and metholodgy to serve as a guide in preparation of the Legislative Impact Analysis or Scheme Impact Analysis, which shall be updated, on an annual basis;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89 (c) to develop the methodology, procedure and guidelines for Post-Implementation Assessment Report and release a document detailing the same within two years of the commencement of this Act; (d) to provide consultation to the relevant Ministry of the Government for the preparation of the Legislation Impact Analysis or Scheme Impact Analysis or Post-Implementation Assessement Report; (e) to review any Legislation Impact Analysis or Scheme Impact Analysis or Post-Implementation Assessment Report, as it deems fit, and recommend appropriate changes therein; and (f) the Committee may also from time-to time publish relevant documents and research articles, in collaboration with higher educational institutions, highlighting the advances in the field which may serve as a guide to the Ministries of the Government. 7. (1) The Committee shall meet at such times and places and shall observe such rules Meetings of of procedure in regard to the transaction of business at its meetings in the manner as may be the National prescribed by the Government. Consultative Committee. Provided that the Committee shall meet at least thrice in a year. (2) The Committee may invite any such other experts as it may consider appropriate for the discharge of its functions. (3) The expenditure incurred by the Committee shall be regulated in such manner as may be prescribed by the Central Government. 8. (1) The legislation Impact Analysis shall be laid in both Houses of parliament along Laying of the with every legislation. Legislation Impact (2) If a legislation is referred to a Department-related Parliamentary Standing Committee Analysis and the Scheme or any Ad-hoc Committee of the Parliament for the purpose of examination and report, the Impact Legislation Impact Analysis shall also be scrutinised by such committee which Committee Analysis in may recommend changes to the Legislation Impact Analysis, as it deems fit. the Parliament. (3) The Scheme Impact Analysis shall be laid in both the Houses of the Parliament in the Immediate subsequent session of the Houses from the date of the release of the scheme document. (4) It shall be the duty of the Ministry of the Government to ensure that the Legislation Impact Analysis and Scheme Impact Analysis is made public on the day the legislation is introduced or the scheme document is released, in such manner as may be prescribed. 9. (1) Every legislation introduced in the Parliament or schcme launched by the Termination Government shall include a termination clause. clause for legislations Explanation:— The termination clause shall render the proposed legislation or scheme and schemes. null and void after the passage of a prescribed period specified therein unless the legislation or scheme is re-made. (2) If the termination period is greater then twenty years for legislations and ten years for schemes, the legislation or scheme shall include an explanation with satisfactory reasons for exceeing the prescribed termination limit. (3) Prior approval of the President shall be obtained by the Government for exemption from the termination clause for a legislation or a scheme with a suitable explanation by the concerned Ministry of the Government. (4) The termination clause shall apply to all legislations, including amendments except those making clarifications, correcting procedural and formatting errors.90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER III EX-POST REVIEW Post- 10. (1) For every major legislation and major scheme, post-implementation assessment implementation will be undertaken by a Review Committee, constituted under Section 13 of this Act. assessment. (2) The post-implementation assessment for major legislation and schemes shall be conducted against the backdrop of Legislative Impact Analysis and Scheme Impact Analysis laid in the Parliament, respectively, every three years after the said major legislation and scheme is implemented. Detailing 11. (1) For the purpose of this Act, the concerned Ministry of the Government shall post- publish a Post-Implementation Assessment Report which shall, inter-alia, comprise of three implementation components:— assessment. (a) performance measurement to assess the results against measurable outcomes entailed in the Legislative Impact Analysis or Scheme Impact Analysis; (b) impact assessment to identify the ex-post impact of a major legislation or scheme, including the social, economic, environmental, legal and administrative impacts and to evaluate the combined costs and benefits of a major legislation or scheme; Explanation:— Combined costs and benefits shall include the whole range of social, economic, environmental, legal and administrative considerations. (c) perception surveys which involve stakeholder consultation of the perceived impact, both benefits and costs, of the major legislation or scheme under review. (2) On taking up a legislation or scheme for ex-post review, the Review Committee shall complete the Post-Implementation Assessment Report and submit it to the concerned Ministry of the Government within one hundred and twenty days from the start of the review process. (3) The Post-Implementation Assessment Report shall be laid before both the Houses of the Parliament in the immediate subsequent session of the Houses from the date of the release of the Post-Implementation Assessment Report. (4) It shall be the duty of the concerned Ministry of the Government to ensure that the Post- Implementation Assessment Report is made public on the day it is laid in the Parliament, in such manner as may be prescribed. Repeal and 12. (1) In case any major legislation or scheme fails to achieve the objectives stated in revocation of the Legislation Impact Analysis or Scheme Impact Analysis, or when the combined costs Act or outweigh the combined benefits for three consecutive Post-Implementation Assesments, scheme. the said major legislation or scheme shall stand repealed or revoked, respectively. CHAPTER IV REVIEW COMMITTEE Composition 13. (1) The Government shall constitute a Review Committee consisting of fifteen of the Review members, including a Chairperson, five ex-officio members and nine Members nominated by Committee. the Government:— (a) the Minister of the Government responsible for the legislation or scheme shall be the Chairperson of the Review Committee; (b) the five ex-officio members shall include:— (i) the Secretary of the Ministry of the Government responsible for the legislation or scheme; (ii) a representative from the Union Ministry of Finance not below the rank of Joint Secretary;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91 (iii) a representative from the Union Ministry of Home Affairs not below the rank of Joint Secretary; (iv) the Chief Economic Advisor to the Government; (v) one other Secretary to the Government: Provided that if the Union Ministry of Finance or of Home Affairs is not in-charge of the legislation or scheme, in which case two other Secretaries from relevant ministries shall be ex-officio members; and (c) two legal experts, two environmentalists or sustainability experts, two economists or statisticians or economy experts, two domain experts and one member from the Civil Society-Members. (2) The Members referred to in clause (c) of sub-section (1) shall have a term of three years and such members shall be eligible for only two consecutive terms, not extending beyond total of six years in case of re-nomination. (3) There shall be one Review Committee for each Ministry of Government, which shall be responsible for reviewing every legislation or scheme pertaining to that Ministry as specified under sub-section (1) of section 10 of this Act. (4) The Review Committee may invite such other experts including international experts as it may consider appropriate for the discharge of its functions. CHAPTER V MISCELLANEOUS 14. (1) For major schemes already in existence before the commencement of this Act:— Retrospective application of (a) The concerned Ministry of the Government shall prepare a Scheme Impact the Act. Analysis within eighteen months from the day of commencement of this Act; (b) The Review Committee shall conduct a Post-Implementation Assessment after a period of three years from the date of commencement of this Act. 15. The Government shall provide after due appropriation made by Parliament by a Government law in this behalf, necessary funds, from time to time, for carrying out the purpose of this to provide funds. Act. 16. (1) The government may, by notification in the official Gazette, make rules for Power to carrying out the purposes of this Act. make rules. (2) In particular, and without prejudice to the foregoing power, such rules may provide for the details pertaining to time and place of the meetings of the Committee and the procedure to be followed at such meetings under sub-section (1) of section 7 and the expenditure incurred on the meetings of the Committee under sub-section (3) of section 7. (3) Every rule made under this Act shall be laid, as soon as may be 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 the 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 shall be without prejudice to the validity of anything previously done under that rule.92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In a Presidential form of government, the Legislature has ample freedom and agency to go about bringing in legislations in the country. This power has a corresponding amount of check on the Executive which delivers a large degree of stability to the system. The Parliamentary form, on similar grounds, seeks more accountability from the Executive which is an integral part of the Legislature. Laws are a primary means by which the Executive runs its agenda. However, there is a high chance that the Legislature faces handicap without adequate deliberation and accountability on laws when a certain government has majority numbers in both the Houses of Parliament. The Bill, firstly, seeks to devise a legislative check on the actions of the government irrespective of whether a party holds a majority, or not in both Houses of Parliament. 2. Any expenditure incurred by the government imposes a cost on the economy. Also known as marginal cost of public funds, it is an opportunity cost that could have been effectively utilized elsewhere by other agents in the economy. Empirical estimates put this figure to be around 3, implying that for every rupee spent by the government, there is a cost of about three rupees to the economy. When multiplied by the volume of government spending in the economy, the impact is gigantic. Therefore, it is necessary to keep an accountability on such large expenditure and any spending which is not meeting its stated objectives must be discontinued. The field of cost-benefit analysis has been revolutionary in this regard. Such a system was kept in place as early as in 1980s in the United States of America. Similarly, the member of Organisation for Economic Co-operation and Development countries like Australia has a robust mechanism in place to assess the impact of every legislation. 3. The pace of change in today's world is blinding. This fast-moving world demands an evolving and agile legislation landscape that caters to the everchanging needs of our society and economy. The nation cannot have an overhang of outdated legislations that do not improve governance outcomes, but instead contribute to increasing the legal and social costs to the society. In this context, we require our laws and schems to have expiry date or a sunset clause. Such provision will ensure an opportunity to remake laws and schemes that will help our nation stay up to date on evolving situations of the world. 4. Therefore, the Legislation and Expenditure Accountability Bill, inter-alia, provides for— (a) a pre-legislative mechanism to clearly set out objective of the stated government intervention, careful consideration of costs and benefits to the society from the proposed legislation or scheme, all of which must be documented in an Impact Analysis report, and the insertion of sunset clauses in every scheme and legislation; (b) establishment of a National Consultative Committee which will guide the government in the technical details pertaining to the studies to be conducted for every legislation and scheme; (c) a post-implementation mechanism to check whether the government has met its stated objectives and measurable targets, and the impact the intervention has had on the society and in the event the government fails to do so in the post-implementation asssessment, the Act or Scheme shall stand repealed or revoked, respectively; and (d) the establishment of a Review Committee under every Ministry to carry out the post-implementation assessment of the legislation and scheme. The Bill seeks to achieve these objects. SUJEET KUMARSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93 FINANCIAL MEMORANDUM Clause 5 of the Bill provides for constitution of a National Consultative Committee to assist the government in the pre-legislative process of any legislation or scheme. Clause 6 of the Bill provides for the freedom of the Committee which inter-alia provides for preparation of a guide for the Post-Implementation Assessment Report. Clause 7 of the Bill provides for meetings of the Committee and expenditure thereof. In respect of these clauses of the Bill, an indicative recurring expenditure of about rupees one crore per annum is anticipated for expenses of the National Consultative Committee Clause 13 provides for the constitution of a Review Committee under each ministry to scrutinise the working of major legislations and schemes. The indicative recurring expenditure for meeting the expenses of Review Committees is estimated to be rupees twenty crore per annum. Clause 15 provides that the Government shall provide funds for the purpose of the Act. The Bill, if enacted, will involve expenditure from the consolidated fund of India as indicated above as recurring expenditure per annum. The provisions of the Bill will not involve any other expenditure of recurring or non-recurring nature.94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC.-2] MEMORANDUM OF DELEGATED LEGISLATION Clause 16 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. 2. The matters in respect of which rules may be made by the Central Government are matters of procedure and administrative details and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character. ———— P. C. MODY, Secretary-General. PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE RAJYA SABHA. MGIPMRND—24GI(S3)—19-04-2022.