Bills were introduced in Lok Sabha on 1st April, 2022.

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—22 REGISTERED NO. DL—(N)04/0007/2003—22 सी.जी.-डी.xएxलx.G-अI.D-1H20x5x2x022-235724 CG-DxxLx-EG-1ID20E52x0x2x2-235724 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 12] No. 12] 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. LOK SABHA ———— The following Bills were introduced in Lok Sabha on 1st April, 2022:— BILL NO. 61 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, 5 by notification in the Official Gazette, appoint. 2. After article 338B of the Constitution, the following article shall be inserted, Insertion of namely:— new article 338C. "338C. (1) There shall be a Commission for the Economically Weaker National Section to be known as the National Commission for the Economically Weaker Commission for Section. Economically Weaker section.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine. (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal. (4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission— (a) to investigate and monitor all matters relating to the safeguards provided for the Economically Weaker Section under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Economically Weaker Section; (c) to participate and advise on the planning process of socio-economic development of the Economically Weaker Section and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Economically Weaker Section; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Economically Weaker Section as the President may, subject to the provisions of any law made by Parliament, by rule specify. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non recommendations. (8) The Commission shall, while investigating any matter referred to in sub- clause (a) or inquiring into any complaint referred to in sub clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Economically Weaker Section.".4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS At present, the economically weaker sections of citizens have largely remained excluded from attending the higher educational institutions and public employment on account of their financial incapacity to compete with the persons who are economically more privileged. The directive principles of State policy contained in article 46 of the Constitution provides that the State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation. Vide the Constitution (Ninety-third Amendment) Act, 2005, clause (5) was inserted in article 15 of the Constitution which enables the State to make special provision for the advancement of any socially and educationally backward classes of citizens, or for the Scheduled Castes or the Scheduled Tribes, in relation to their admission in higher educational institutions. Similarly, clause (4) of article 16 of the Constitution enables the State to make special provision for the reservation of appointment or posts in favour of any backward class of citizens which in the opinion of the State, is not adequately represented in the services under the State. However, economically weaker sections of citizens were not eligible for the benefit of reservation. With a view to fulfil the mandate of article 46 and to ensure that economically weaker sections of citizens get a fair chance of receiving higher education and participation in employment in the services of the State, it was decided to amend the Constitution of India. Accordingly, the Constitution (One Hundred and Third Amendment) Act, 2019 provides for reservation for the economically weaker section of society in higher educational institutions, including private institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in article 30 of the constitution and also provides for reservation for them in posts in initial appointment in services under the State. To ensure welfare and overall development of economically weaker sections and effective implementation of the Constitution (One Hundred and Third Amendment) Act, 2019, it is necessary to constitute a Commission for the Economically Weaker Sections. Hence this Bill. NEW DELHI; N.K. PREMACHANDRAN January 25, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 FINANCIAL MEMORANDUM Clause 2 of the Bill provides for setting up of a National Commission for Economically Weaker Sections. It also provides for appointment of Chairperson, Vice-Chairperson and Members of the Commission. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees thirty crore will be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees thirty crore is likely to be involved.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 193 OF 2019 A Bill to provide for uniform education to all the students from primary level to senior secondary level in the country. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Uniform Education Act, 2019. 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "economically weak student" means a student whose parents' or guardians' income from all sources does not exceed rupees two thousand per month; (c) "prescribed" means prescribed by rules made under this Act; and (d) "uniform education" means education based on a uniform syllabus for each standard from primary to higher secondary level in all schools throughout the country. 3. There shall be a uniform system of education in all schools whether owned by or Uniform receiving aid from the appropriate Government or owned or run by private Non-Governmental system of education in Organizations or individuals or societies. all schools. 4. It shall be the duty of the appropriate Government to provide to every student, upto Free, senior secondary level, the following facilities, namely:— compulsory and uniform (a) uniform education; education to every student. (b) uniform hostel facility at higher secondary level; (c) breakfast and mid-day meal free of cost; (d) uniform, books and writing material free of cost; and (e) scholarship of rupees three hundred per month at primary school level and rupees five hundred per month at secondary school level to economically weak students. 5. The appropriate Government shall establish and maintain adequate number of Establishment schools in every district in accordance with population and requirement of the area. of schools in every district. 6. The appropriate Government shall not recognize, for any purpose, any academic Certificate certificate awarded by a school, which does not follow the uniform education. not to be recognised. 7. The provisions of this Act shall be in addition to and not in derogation of any other Act not to be law for the time being in force. in derogation of any other law. 8. Notwithstanding anything contained in this Act, the provisions of this Act shall Act to apply apply to minority institutions only if the management of such institutions convey to the to minority appropriate Government their willingness to follow the uniform system of education. educational institutions in certain situation. 9. (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) 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, 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.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS All parents or guardians have a dream of providing good education to their children. However, poverty stricken parents are not able to provide even the basic education to their children. On the other hand, children from rich families get very good quality education and can take up any responsibility in the society after they complete their education. It appears, therefore, that we have dual system of education—one for the rich and quite another for the poor. Ours is a democratic country and every citizen of the country has equal rights. Thus, this dual nature of education system is not justifiable. There should be such an education system wherein all students, irrespective of their economic status, get uniform education so that they may enjoy equal opportunities in life. Moreover, uniform system of education would also remove the feelings of discrimination, inferiority complex and denial of equal opportunities in matters of career advancement amongst students. Therefore, it is proposed to provide for free and uniform education to all children in the country. Hence this Bill. NEW DELHI; RAKESH SINGH August 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 FINANCIAL MEMORANDUM Clause 4 of the Bill provides that the appropriate Government shall provide free, compulsory and uniform education to every child from primary school level upto senior secondary school level. It further provides for facilities like breakfast and mid-day meal, uniform, books, etc. free of cost to all students and scholarships to economically poor students. Clause 5 provides that the appropriate Government shall establish and maintain adequate number of schools in every district. The expenditure relating to States shall be borne out of the Consolidated Funds of the respective States. However, the expenditure in respect of Union territories shall be borne out of the Consolidated Fund of India. The Bill, therefore, if enacted, is likely to involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees fifteen crore will be involved as recurring expenditure per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees eighteen crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Act. As the rules will rebate to matters of detail only, the delegation of legislative powers is of a normal character.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 210 OF 2019 A Bill to provide for establishment of a National Commission for the welfare of farmers and for matters connected therewith. BE it enacted by Parliament in the SeventiethYear of the Republic of India as follows:— Short title 1. (1) This Act may be called the Farmers Welfare Act, 2019. and extent. (2) It extends to the whole of India. Definitions. 2. In this Act, unless the context otherwise requires,— (i) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 (ii) "National Commission" means the National Commission for Farmers established under section 3; (iii) "natural calamity" includes drought, flood, cyclone, hailstorm, landslide, cloud burst, tsunami, earthquake or fire especially in forest and adjacent areas or such other conditions as may be notified by the appropriate Government from time to time; (iv) "prescribed" means prescribed by rules made under this Act; and (v) "State Commission" means the State Commission established under section 5. 3. (1) The Central Government shall, by notification in the Official Gazette, establish a Establishment Commission to be known as the National Commission for Farmers. of a National Commission (2) The Commission shall consist of— for Farmers. (i) Union Minister of Agriculture, who shall be its Chairperson, ex-officio; (ii) three members to be appointed by the Central Government from amongst the persons having special knowledge in the field of agriculture; and (iii) three members representing the farmers to be appointed by the Central Government in such manner as may be prescribed. (3) The salary and allowances payable to and other terms and conditions of service of the members of the Commission shall be such as may be prescribed. (4) The Commission shall have such number of officers and staff including experts as may be required for its efficient functioning. 4. (1) It shall be the duty of the National Commission to take such steps, as it may deem Functions of appropriate, for the welfare of farmers and their family members. the National Commission. (2) Without prejudice to the generality of the foregoing provision, the National Commission shall ensure the following provisions for the benefit and welfare of farmers, namely — (i) good quality seeds, manure, pesticides, fertilizers and other necessary tools and machineries at reasonable price as per their requirements; (ii) uninterrupted power and water supply at reasonable rates for agricultural operation; (iii) fix and declare minimum support prices of agriculture commodities before the sowing seasons after taking into consideration all the relevant factors and in particular the following factors, namely:— (a) input cost including capital investment; (b) labour charges; and (c) maintenance cost of the farm; (iv) transportation and marketing facilities for agricultural produce; (v) payment of adequate compensation to farmers or their family members in case of accident or death during agricultural operations; (vi) free medical and health insurance facilities to the farmers and their family members; (vii) adequate cold storage facility for agricultural products at appropriate places; (viii) provision of loan facilities or financial assistance to farmers; and (ix) provision of a comprehensive crop insurance scheme for reparation of loss of crops due to natural calamities.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Establishment 5. (1) There shall be established a State Commission for Farmers by the appropriate of a State Government in each State. Commission for Farmers. (2) Each State Commission shall work under the National Commission for Farmers to assist it in discharge of its functions. (3) The State Commission shall consist of— (i) Minister of Agriculture in the State, who shall be its Chairperson, ex-officio; (ii) three members to be appointed by the appropriate Government from amongst the person having special knowledge in the field of agriculture; and (iii) three members representing the farmers to be appointed by the appropriate Government. (4) The salary and allowances payable to and other terms and conditions of service of the members of the State Commission shall be such as may be prescribed. (5) Each State Commission shall have such number of officers and staff including experts to be appointed by the National Commission as may be required for its efficient functioning. Establishment 6. (1) The State Commission shall establish its District Office in every district within its of District territorial jurisdiction. Office by the State (2) The District Office shall be headed by a District Officer to be appointed by the Commission. Chairperson of the State Commission. (3) The District Office shall maintain, review and publish a tehsil-wise list of the farmers once in every six months. Application 7. (1) Any farmer who intends to avail benefits under this Act shall apply to the District for availing Officer concerned in such form and manner as may be prescribed. benefits. (2) The District Officer shall forward each application to the State Commission within three days of the date of receipt of the application. (3) The State Commission shall, after holding such enquiry as it may deem necessary, either admit or reject the application, within thirty days from the date of receipt of application: Provided that in case no decision is made on an application within thirty days, the applicant shall be deemed to be eligible for availing benefits under this Act: Provided also that where an application is rejected by the State Commission, it shall record, in writing, the reasons for such rejection and communicate them to the applicant. (4) Any applicant aggrieved by the decision of the State Commission may prefer an appeal to the National Commission in such form and manner as may be prescribed. (5) The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disposing of an appeal, the applicant shall be given a reasonable opportunity of being heard. Mode of 8. The mode of providing relief or benefit to the family members, in case of death providing of a farmer, shall be such as may be prescribed by the Central Government. relief or benefit to family members of farmers. Responsibility 9. (1) It shall be the responsibility of the National Commission to ensure effective of the implementation and proper monitoring of the provisions in this Act. National Commission.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 (2) For the purpose of sub-section (1), the National Commission shall have power to issue such directives, as it may deem appropriate, to the State Commissions. 10. The Central Government shall, after due appropriation made by Parliament by Central law in this behalf, provide adequate funds to the National Commission and State Government Commissions for carrying out the purposes of this Act. to provide adequate funds to the National Commission. 11. If any difficulty arises in giving effect to the provisions of this Act, the Central Power of the Government may make such order or give such direction, not inconsistent with the Central Government provisions of this Act, as may appear to be necessary or expedient for removing the to remove difficulty: difficulties. Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. 12. The provisions of this Act and rules made thereunder shall have effect Act to have notwithstanding anything inconsistent therewith contained in any other law for the overriding effect. time being in force. 13. (1) The Central Government may, by notification in the Official Gazette, make Power to rules for carrying out the purposes of this Act. make rules. (2) 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.14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS About seventy per cent. of the population of the country lives in villages out of which approximately ninety per cent. people are engaged in agricultural activities. The economic condition of farmers have remained more or less unchanged so far. They are always trapped in the vicious cycle of debt and the debt burden passes on to their next generation. The farmers always live in penury and remain apprehensive of their future. Therefore, the Government should take the responsibility of providing them their minimum requirements so as to enable them to perform their agricultural activities. The farmers work not only for earning their livelihood but they also provide succour to the entire nation. Of late, the incidents of committing suicides by the debt ridden farmers have increased manifold. Such cases of suicides can be avoided by providing certain facilities to farmers. If the farmers are provided with agricultural inputs at reasonable rates, the agricultural production will increase manifold which will ultimately benefit not only the farmers but the whole nation. Besides, certain other welfare measures like insurance, health service and financial assistance to farmers will go a long way to alleviate their sufferings. Therefore, the Bill seeks to provide certain basic facilities like compensation, insurance cover, health services to farmers and their family members. It also provides for supply of good quality seeds, pesticides, manure and fertilizers and uninterrupted power and water supply, etc. to farmers for agricultural activities at reasonable cost so that they may carry out agricultural activities in an efficient manner without any hurdle. Hence this Bill. NEW DELHI; RAKESH SINGH August 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for establishment of a National Commission for Farmers. Clause 4 provides for transportation and marketing facilities for agricultural produce, payment of adequate compensation in case of accident or death and free medical and health insurance facilities to the farmers and their family members. Clause 5 provides for establishment of a State Commission for Farmers in each State. Clause 6 provides for establishment of District Office in every district by the State Commission. Clause 10 provides that the Central Government shall provide adequate funds to the National Commission for carrying out the purposes of this Act. The Bill, therefore, if enacted, is likely to involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees two thousand and five hundred crore will be involved as recurring expenditure per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees three thousand and five hundred crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 13 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules relate to matters of detail only, the delegation of legislative power is of a normal character.16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 195 OF 2019 A Bill to provide for the facilities of telephone and post office in all the villages of the country and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Provision of Communication Facilities in Every Village Short title and extent. Act, 2019. (2) It extends to the whole of India. 2. The Central Government shall provide in every village throughout the country, the Provision of Communica- following facilities, namely:— tion facilities in villages. (i) a post office; andSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 (ii) a public telephone connection with STD facility under the control of the head of the Village Panchayat. 3. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the provisions of this Act. make rules. (2) 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.18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In India, about seventy-five per cent. of the people still live in villages. There are a number of villages in remote areas inhabited by tribals and backward classes. Even after seventy-two years of our independence, no significant development work has been done at such places. There are no postal facilities available in these areas. There are no telephones and the villages have virtually no communication links with the rest of the country. It takes months for a letter to reach in these villages. Most of villagers migrate to the cities for work and remain cut-off from their families due to non-availability of modern means of communication in their native villages. The postal, telephone and other communication facilities have thus become necessary for every village. The villagers can deposit their money in savings account of the post offices thereby making available a lot of money to the Government for development works. The introduction of modern means of communication in every village will be the first step towards taking the boon of modern science to the doorsteps of rural India. Hence this Bill. NEW DELHI; RAKESH SINGH August 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 FINANCIAL MEMORANDUM Clause 2 of the Bill provides that every village shall be provided with the facilities of a post office as well as a public telephone connection with STD by the Central Government. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of about rupees two hundred crore per annum will be involved as a recurring expenditure out of the Consolidated Fund of India. A sum of rupees fifty lakh is also likely to be involved as a non-recurring expenditure. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 3 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. The rules will relate to the matters of detail only. The delegation of legislative power is, therefore, a normal character.20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 138 OF 2021 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2021. Short title. 2. After article 239B of the Constitution, the following article shall be inserted, Insertion of new article namely:— 239C. "239C. (1) There shall be a Legislative Assembly for the Union territory of Special provisions with Lakshadweep and the total number of seats in the Legislative Assembly shall be filled respect to by members chosen by direct election from territorial constituencies in the Union Lakshadweep. territory of Lakshadweep. (2) Notwithstanding anything in this Constitution, the total number of seats in the Legislative Assembly shall be thirty.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 (3) For the purposes of election to the Legislative Assembly, the Union territory of Lakshadweep shall be divided into single-member assembly constituencies in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the Union territory. (4) Seats shall be reserved for the Scheduled Tribes in the Legislative Assembly, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Tribes in the Union territory bears to the total population of the Union territory and the provisions of article 334 shall apply to such reservation. Explanation. -For the purpose of clause (4), the expression "population" means the population as ascertained in the last preceding census of which the relevant figures have been published: Provided that where such figures have not been published, then for the purpose of election for the constitution of the first Legislative Assembly under this Act, the provisional figures of the population of the Union territory as published in relation to the 2011 census shall be deemed to be the population of the Union territory. (5) The provisions of articles 324 to 327 and 329 shall apply in relation to the Union territory of Lakshadweep, the Legislative Assembly of Lakshadweep and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively. (6) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the Union territory of Lakshadweep with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories. (b) Nothing in sub-clause (a) shall derogate from the powers of Parliament under this Constitution to make laws with respect to any matter for a Union territory or any part thereof. (c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or, as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void: Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the Union territory: Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly. (7) There shall be a Council of Ministers consisting of not more than twenty per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion: Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary. (8) The Chief Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President. (9) The Council of Ministers shall be collectively responsible to the Legislative Assembly. (10) Parliament may, by law, make provisions for giving effect to, or supplementing provisions contained in the foregoing clauses and for all matters incidental or consequential thereto . (11) Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this Constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23 STATEMENT OF OBJECTS AND REASONS Even after 75 years of Indian independence, the Union territory of Lakshadweep has not been provided with a legislative Assembly. There has been a high concentration of power in the hands of Executive and Administrator. There is no proper consultations with the people regarding the various schemes being introduced. Democracy has withered and power of dialectics has been curtailed. This has led to an increase in the distrust of the people of Union territory against the Government of India. The Union territory is at a severe threat due to increasing sea level rise. This has been caused due to the exploitation of resources in the mainland which has significantly altered the climatic patterns of the area. A large scale destruction of ocean wealth due to uncontrolled sea trawling by externals to island has caused tremendous harm to the Union territory. The ecological footprint of this tropical island is devastated and its economy is in shambles. Hence the need for a legislative assembly is felt to regulate the life on the island and its surroundings. The people of island are highly literate and forms part of participative democracy. The people are dependent more on the neighbouring sister State of Kerala. The inter linkage of culture of State of Kerala and Union territory has forced to think of a new model of polity where the ecological Governance model of Kerala can be imbibed in the region. Hence the Governor of Kerala should be made the De-facto Lieutenant Governor of the Union territory to carry on this unique relationship forward. This will help the island to achieve a high level of progress in health and education fields. The Bill seeks to achieve the above objectives. NEW DELHI; M.K. RAGHAVAN July 7, 2021.24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for creation of Legislative Assembly for the Union territory of Lakshadweep. It further provides for appointment of Council of Ministers to be headed by a Chief Minister to aid and advise the Lieutenant Governor. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. At this stage, it is not possible to give exact estimate of expenditure, both recurring and non- recurring, which will be involved from the Consolidated Fund of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25 BILL NO. 55 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. After article 21A of the Constitution, the following article shall be inserted, Insertion of namely:— new article 21B. "21B. The State shall secure to all its citizens the right to health including mental Right to and environmental health in such manner as the State may by law, determine.". Health.26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Constitution of India does not expressly recognize right to health as a fundamental right. However, through judicial interpretation, this has been read into the fundamental right to life and personal liberty (under article 21) and is now considered an inseparable part of the right to life . Article 23 of the Constitution also indirectly contributes to protecting the Right to Health as it prohibits human trafficking and child labour. Various judicial pronouncements have laid stress on Right to Health being an integral part of Constitution. Various High Courts and the Supreme Court has held that Right to life has a very broad scope which includes right to livelihood, better standard of life, hygienic conditions in the workplace and right to leisure. Right to Health is, therefore, an inherent and inescapable part of a dignified life. Article 21 should also be read in tandem with the directive principles of state policy, to truly understand the nature of the obligations of the State in this respect. Constitutional 'Right to Health' will not only guarantee the health and well-being of our people but will also act as a leap for the economic and developmental progress of the nation. Vision for Ayushman Bharat will be further strengthened with a Constitutional 'Right to Health'. Immediate financial security that will come with the constitutional 'Right to Health' will be seen as a measurable impact on family savings, greater investment and jobs creation on the one hand, and in the long-term emotional, psychological and social security of people . Thus, right to health can provide simple, transparent and quality healthcare to those who are most in need of such care. Provision of right to health under PART-III will ensure mandatory compliance by State, else writ petitions can be filed under article 32 for its enforcement. This will remove disparities in health indicators across the States and would eventually lead to universal health equality being a reality. The Bill, therefore seeks to amend the Constitution with a view to confer right to health including mental and environmental health as a fundamental right to every citizen. NEW DELHI; M.K. RAGHAVAN January 20, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27 FINANCIAL MEMORANDUM Clause 2 of the Bill provides for making the right to health including mental and environmental health as a fundamental right. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that an expenditure of about rupees one hundred crore would be incurred per annum from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved.28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 59 OF 2022 A Bill to provide for equitable access in healthcare through Universal health Insurance of all citizens and for matters connected therewith. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Universal Health Insurance 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. Definitions. 2. In this Act unless the context otherwise requires,— (a) "ambulance expenses" means ambulance cover for transportation to nearby hospital and restricted to ten per cent. of sum insured per family;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29 (b) "appropriate Government" means in case of a State, the Government of that State and in all other cases, the Central Government; (c) "Authority" means National Health Authority constituted vide notification No. DL-(N) 04/0007/2003-18 dated 9 February, 2019 to replace the Pradhan Mantri Jan Arogya Yojana (PM-JAY); (d) "beneficiary" means every citizen who has been identified with the help of family identity card issued by the Authority; (e) "domiciliary hospitalization" means a case where a person can be given medical treatment from the home premises without hospitalization; (f) "family" means husband, wife, minor sons and daughters, dependent brother, sister and parents; (g) "Health Insurance" means an insurance taken to cover the medical expenses of hospitalization including domiciliary hospitalization; (h) "health insurance service provider" means a registered general insurance company or standalone health insurance company authorized to do health insurance business in India; (i) "Hospital" means any clinic, dispensary, medical first-aid center, hospital, nursing home, medical consultancy center, indoor treatment center or a research center, where patients are treated and includes places where medical consultation is offered to patients and hospitals under AYUSH Ministry; (j) "post-hospitalization" means medical expenses incurred due to an illness or injury during the period up to sixty days after discharge from the hospital; (k) "pre-hospitalization" means medical expenses incurred due to an illness or injury during the period up to thirty days prior to hospitalization; (l) "scheme" means the Universal Health Insurance Scheme formulate under section 3; (m) "sum insured" means five lakh rupees per family on floater basis ; and (n) "treatment" means consultation, prescription, any investigation leading to diagnosis of disease, any type of treatment provided by any hospital and includes replacement of human organs and any treatment for physical and mental wellbeing of the patient. 3. The Central Government shall formulate a Scheme to be known as Universal Health Formulation of Insurance Scheme for providing health insurance to all citizens. comprehensive Health Insurance Scheme. 4. (1) The Authority shall implement the Scheme formulated under section 3 for carrying Authority to out the purposes of this Act in such manner as may be prescribed. implement the provisions of (2) Without prejudice to anything contained in sub-section (1), the Authority shall, this Act. (a) formulate guidelines with regard to the Scheme, model documents and contracts with health insurance service provider to ensure standardization and interoperability; (b) determine the central ceiling of the premium to be paid to health insurance service provides under the Scheme; (c) develop and enforce compliance standards for treatment protocols, quality protocols, minimum documentation, data sharing protocols and data privacy of citizens;30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (d) issue national Health Identity Card to beneficiaries and ensure that all the data regarding citizens, health is stored digitally strictly complying with privacy requirements; (e) build and maintain state of the art digital health eco-system; (f) coordinate with State Governments regarding the effective implementation of the Scheme; (g) develop capacity building in health care sector and evolve a standard protocol for treatment of diseases; and (h) redress various grievances arising in healthcare sector as a result of medical negligence or shortfall of procedure conducted at hospitals. Coverage, 5. (1) The Scheme shall include all expenses incurred on,— Scope and Exclusions of (a) pre-hospitalization up to thirty days; the Scheme. (b) medical examination, treatment and consultation including domiciliary hospitalization; (c) medicine and medical consumables; (d) non-intensive and intensive care services; (e) diagnostic and laboratory investigations; (f) medical implantation services; (g) admission, bed and catering services availed during hospitalization; (h) complications arising during treatment; and (i) post-hospitalization follow-up care up to sixty days after discharge. (2) No person suffering from any disease shall be excluded from the coverage of the Scheme unless notified by the Authority, from time to time, after consultation with Union Ministry of Health and Family Welfare. Premium for 6. (1) The premium payable per family for the health insurance under the Scheme shall Health be computed based on actuarial calculations as follows:— Insurance. (a) Government of India shall contribute to fifty per cent. of the premium payable; and (b) State Governments shall contribute fifty per cent. of the premium payable. (2) The annual premium payable shall be paid by the Authority on behalf of the appropriate Government based on the calculation arrived at by empanelled insurance service provider in such manner as may be prescribed. Duties of 7. Every health insurance service provider shall,— Health Insurance (a) settle the claim directly to the hospital on cashless basis immediately; Service Provider. (b) make arrangements for digital storage of records and ensure that privacy norms are not violated; (c) settle claims in respect of hospitals wherever cashless facility is not available directly to the bank account of the beneficiaries within twenty-four hours of receipt of necessary documents; (d) have access to the record of the beneficiaries; and (e) mandatorily undertake health audits of all the records in such manner as may be prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31 8. (1) The Central Government shall enter into an agreement with all health insurance Agreement service provider for implementation of the provisions of this Act. with health insurance (2) The health insurance service provider shall enter into agreement with privately service provider and owned hospitals to provide health services to the beneficiaries covered under the Scheme at private such rates as may be agreed upon by both parties. hospitals. 9. The Central Government shall, by due appropriation made by Parliament by law in Central this behalf, provide in each financial year such sums of money to the State Governments and Government to provide nationalized Insurance Companies as it thinks necessary for implementation of the provisions funds. of this Act. 10. (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) Every rule made under this section 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.32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Various judicial pronouncements have laid stress on Right to health being an integral part of constitution. Honourable Supreme Court and High Courts has upheld that Right to life has a very broad scope which includes right to livelihood, better standard of life, hygienic conditions in the workplace and right to leisure. Right to health is, therefore, an inherent and inescapable part of a dignified life. Article 21 should also be read in tandem with the directive principles of State policy, to truly understand the nature of the obligations of the State in this respect. However even though this is the case, in reality, large number of our population still do not have access to good quality healthcare. Even though insurance policies were launched by companies, it never helped in bringing our whole citizens under the ambit of health Insurance. Sadly, Health Insurance penetration remains minimal. Universal access to health insurance will enable our citizen to have access to good quality healthcare facilities. This shall significantly bring down out of pocket expenditure in healthcare sector in India which is by far one of the largest in the world. The need is to uphold individual citizen's right to access to healthcare. State is also required to ensure that no one is left behind when it comes to access to healthcare services. This shall uphold the pronouncements made by Honourable Supreme Court and High Courts regarding healthcare for all. By providing health insurance for all Indian citizens we shall surely set an example of being a real welfare state. The Bill seeks to achieve the above objectives. NEW DELHI; M.K. RAGHAVAN January 24, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for formulation of Universal health Insurance Scheme for all citizens. Clause 4 provides for the national Health Authority to issue National Health Identity Card to every beneficiary. It also provides for building and maintaining state of the art digital health eco system. It further provides for development of capacity building in healthcare sector. Clause 6 provides for the payment of fifty per cent. of the premium payable under the Scheme by the Central Government and the State Government. Clause 9 provides for the Central Government to provide funds for carrying out the purposes of this Act. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of rupees one lakh crore shall be incurred upon the Consolidated Fund of India. A non-recurring expenditure of rupees ten thousand crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the provisions of the Act. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 67 OF 2022 A Bill further to amend the Special Marriage Act, 1954. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Special Marriage (Amendment) Act, 2022. commencement. (2) It shall come into force at once. Insertion of 2. After section 4 of the Special Marriage Act, 1954 , (hereinafter referred to as the 43 of 1954. new section principal Act), the following section shall be inserted, namely:— 4A. Solemnization "4A. Notwithstanding anything contained in this Act or any other law for the of special time being in force, a marriage between any two persons of same sex may be solemnized marriages under this Act, if at the time of marriage,— between same sex.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35 (a) in case both the parties are male, each has completed twenty-one years of age; or (b) in case both the parties are female, each has completed eighteen years of age.". 3. In section 15 of the principal Act, in clause (a), for the words "husband and wife", Amendment the word "spouse" shall be substituted. of section 15. 4. In section 22 of the principal Act, for the words "the husband or the wife", the words Amendment "of the spouse" shall be substituted. of section 22. 5. In section 23 of the principal Act, in clause (1), for the words "either by the husband Amendment or the wife", the words "by either of the spouse" shall be substituted. of section 23. 6. In section 27 of the principal Act, in clause (1), for the words "either by the husband Amendment or the wife", the words "by either of the spouse" shall be substituted. of section 27.36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In the year 2018, the Supreme Court of India struck down an archaic, draconian legislation of the Indian Penal Code, 1860 namely section 377. Through this landmark judgement (Navtej Singh Johar vs. Union of India), homosexuality was effectively decriminalised. While this was a much needed, progressive leap forward, LGBTQIA individuals still face persecution, discrimination and social stigma within society. Justice D.Y. Chandrachud in Justice K.S. Pattaswamy (Retd.) vs. Union of India observed that 'family, marriage, procreation and sexual orientation are all integral to the dignity of the individual. Above all, the privacy of the individual recognizes an inviolable right to determine how freedom shall be exercised'. While the determination of one's sexual orientation has been realised, LGBTQIA individuals are still unable to marry and create their own families. In addition, LGBTQIA couples have no access to rights that heterosexual couples are entitled to upon marriage, such as succession, maintenance and pensions, etc. Therefore, it is of the utmost importance to amend the Special Marriage Act, 1954, to legalise same-sex marriage, and provide legal recognition to married LGBTQIA couples. It will ensure that article 14 and article 21 of the Constitution are upheld, and ensure that LGBTQIA couples are provided with the rights they are entitled to. Hence this Bill. NEW DELHI; SUPRIYA SULE January 17, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37 BILL NO. 68 OF 2022 A Bill to provide quality medical education and equitable distribution of healthcare personnel to all rural areas in the country and for matters connected therewith. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) This Act may be called Rural Medical Education 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.38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. (1) In this Act, unless the context otherwise requires;— (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "rural area" means areas other than designated urban areas; (c) "rural candidate" means an individual who resides in a rural area; (d) "medical student" means a student of medicine pursuing recognised MBBS degree in a medical institution recognised by the National Medical Commission constituted under section 3 of the National Medical Commission Act, 2019; 30 of 2019. (e) "medical degree" means the recognised MBBS degree from any Medical institution recognised by the National Medical Commission constituted under section 3 of the National Medical Commission Act, 2019; (f) "medical institution" shall have the same meaning as assigned to it in clause (h) of section 2 of the National Medical Commission Act, 2019; and (g) "prescribed'' means prescribed by rules made under this Act. (2) Words and expressions used in this Act but not defined shall have the same meaning as assigned to them in this National Medical Council Act, 2019. Appropriate 3. (1) The appropriate Government shall, within one and a half year from coming into Government to force of this Act, conduct a survey to assess the shortage of healthcare professionals in rural conduct survey areas of the country. to assess shortage of (2) The survey conducted under sub-section (1) shall be made available to public in healthcare such manner as may be prescribed. professionals in rural areas. Appropriate 4. (1) The appropriate Government shall, on the basis of survey conducted under Government to sub-section (1) of section 3, calculate the number of medical seats required for rural areas calculate and and designate it as rural quota. fill medical seats required (2) The appropriate Government shall bear the entire expenditure to be incurred on in rural areas. providing medical degree to every rural candidate under the rural quota including:— (a) tuition fee for MBBS degree along with any other post-graduate or super-speciality in any disciplines of medical sciences; (b) the cost of lodging or boarding during the time period of degree as mentioned under clause (a); (c) such amount as monthly allowance for basic necessities as may be prescribed; and (d) travel allowance as may be prescribed. (3) The appropriate Government shall, on the basis of number of medical seats required for rural areas under sub-section (1), take measures to fill such seats as early as possible in such a manner as may be prescribed. (4) The appropriate Government shall ensure that the selection of medical seats under sub-section (3) take on a yearly basis. Method of 5. No rural candidate shall be eligible to be selected for the rural quota medical seats selection of calculated under sub-section (1) of section 4 unless— rural candidates. (a) he has obtained qualified marks as per National Eligibility-cum-Entrance Tests administered by the appropriate Government; and (b) declared successful in the selection interview by the Board.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39 6. Notwithstanding anything in this Act, the appropriate Government shall provide Reservation to Candidates. reservation in Medical institutions to rural candidates belonging to Scheduled Castes, Scheduled Tribes and the Other Backward Classes in such manner as may be prescribed. 7. Every candidate selected under rural quota under section 4 shall comply with such Rules for set of rules and conditions, as may be prescribed, including,— selected Candidates. (a) the completion of the medical degree with satisfactory results; and (b) signing of an employment contract or bond for obligatory service with the appropriate Government in rural areas. 8. Every candidate selected under rural quota shall sign an employment contract or Employment bond with the appropriate Government on the terms that:— Contract, bond for (a) on completion of his medical degree he shall serve in the district to which he medical students for belongs for a minimum period of six years; and Obligatory rural service. (b) if he fails to comply with the term as mentioned under clause (a) or the rules framed under section 7, he shall be liable for cancellation of licence to practice and also shall be liable to fine equivalent to the entire expenditure incurred on his medical education. 9. (1) The Central Government, shall, by notification in the Official Gazette, constitute Constitution a Board to be known as the National Board for Rural Medical Education for carrying out the of National Board for purpose of this Act. Rural Medical Education. (2) The National Board shall consist of:— (a) a representative each from the Union Ministry of Finance; Health and Family Welfare and Rural Development; (b) one member representing Scheduled Castes; (c) one member representing Scheduled Tribes; (d) one member representing Other Backward Classes; (e) three eminent female members from the medical field; and (f) a transgender member from the medical field, to be appointed by the Central Government in such manner as may be prescribed. 10. The Board shall oversee the implementation of the provisions of this Act, Functions of including:— the Board. (a) selection of candidates under rural quota; (b) setting rules for candidates for selection under rural quota; (c) setting the limit on the amount of miscellaneous expenditure on candidates; (d) the compliance of rules by candidates under the rural quota; (e) taking appropriate action against defaulting candidates selected under rural quota; and (f) any other functions as it deem necessary for carrying out the performance of this Act. 11. The Central Government shall, after due appropriation made by Parliament by law Central in this behalf, provide requisite funds for carrying out the purposes of this Act. Government to provide funds.40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Act to have 12. The provisions of this Act and of any rules and orders made thereunder shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the effect. time being in force. Power to 13. (1)The appropriate Government may, by notification in the Official Gazette, make make rules. 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; so, however, that any such modifications or annulment shall be without prejudice to the validity of anything previously done under that rule. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41 STATEMENT OF OBJECTS AND REASONS Countries all around the world struggle with shortages in Human Resources for healthcare in rural areas. India too is one of them. The sixty five per cent. of our population living in rural areas had to flounder for adequate healthcare. To put it into perspective, the World Health Organization recommends a 1:1000 doctor-patient ratio in order to provide both preventive and curative care. In many rural areas our doctor-patient ratio is as low as 1:25000. This is not owing to shortage of healthcare professionals, as India is well on par to meet the World Health Organisation's recommended healthcare personnel requirements as a country. The issue lies in the distribution of healthcare personnel, with a bulk of doctors preferring to practice in major metropolitan cities, consequently leading to two things: an over-saturation of doctors in cities, and an insidiously low number of doctors in rural areas. Owing to the high prevalence of privately owned healthcare institutions, and a lack of healthcare personnel in Community Healthcare Centres (CHC) Primary Health Centres and Government Hospitals, preventive care and awareness is almost certainly out of the question for many people in rural areas. In fact, there is an approximate shortfall of 78.9 per cent of surgeons, 69.7 per cent of obstetricians and gynaecologists, 78.2 per cent of physicians and 78.2 per cent of pediatricians in our rural CHCs according to the 2021 Rural Health Statistics report released by the Union Ministry of Health and Family Welfare. This in turn leads to catastrophic out of pocket expenditure on health at the tertiary stages of manydiseases. The National Health Policy, 2017 stresses on the need for preventive care, but this is simply inaccessible for most given the current doctor-population ratio in rural areas. While certain States have implemented progressive laws requiring a certain time period of mandatory rural service to be completed by MBBS graduates from Government institutions, there is a need for a more sustainable, long term and community oriented solution. Hence, the need is to provide medical seats free of cost to needy candidates from rural districts in India, on the condition that they will practice and provide care to people in their home district for a minimum duration of time failing which there will be strict penalties imposed. This is owing to the extremely high tuition fees of medical courses, which often dissuade many needy rural candidates from pursuing medicine. The present Bill not only seeks to solve the shortage of healthcare personnel in medical areas, but also extends to facilitate the inclusion of needy, marginalised communities into our health workforce. With this comes the added benefit of receiving healthcare from doctors from ones own community and area, who are more likely to understand its intricacies and context. Hence this Bill. NEW DELHI; SUPRIYA SULE January 17, 2022.42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the appropriate Government to conduct surveys to assess the shortage of healthcare professionals in rural areas of the country. Clause 4 of the Bill provides for the appropriate Government to bear the entire expenditure to be incurred on providing medical degree to the eligible candidates. Clause 9 provides for Constitution of National Board for Rural Medical Education. Clause 11 provides that the Central Government shall provide requisite funds for carrying out the purposes of the Bill. At this stage, it is not possible to estimate the amount to be incurred. However, the Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees one thousand crore would be involved. A non-recurring expenditure of about rupees fifteen hundred crore is likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 13 of the Bill empowers the appropriate Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power, therefore, is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43 BILL NO. 26 OF 2022 A Bill to ensure the promotion and protection of app developers against coercive policies by app regulators with a view to provide a favourable ecosystem for their growth and for matters connected therewith. 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 APP Developers (Protection) Act, 2022. Short title and commencement. (2) Save as otherwise provided in this Act, 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 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.44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) 'app developer' means Indian businesses and startups involved in software engineering resulting in the creation, testing and programming of apps for mobile phones; (b) 'app marketplace' means an online digital distribution platform listing software applications for mobile devices; (c) 'app regulator' means Google's Play Store and Apple's App Store; (d) "Committee" means the National Committee on Regulation of Single Application (App) Marketplaces constituted under section 9; (e) 'consumer' means a person who purchases goods and services for personal use; (f) 'in-app billing' means in-app purchases made from directly within a mobile application on Google's Android and Apple's IOS platform; (g) 'in app purchases' means buying goods or services from inside an application on a mobile device; (h) 'single app marketplace' means Google's Play Store and Apple's App Store through which all app developers have to route their payments and applications; (i) 'operating system' means the system software used by Google and Apple to manage hardware and software resources, and provide common services on mobile phones; and (j) "prescribed" means prescribed by rules made under this Act. Prohibition of 3. No app regulator shall compel any app developer to route in-app purchases through in-app billing their operating systems or stores by threatening negative consequences or actions otherwise solely through detrimental to the growth, profitability and expansion of the apps of an app developer. Google and Apple operating systems. App 4. It shall be the duty of the app developers to provide alternative payment options to developers to the consumers of their choice for usage of apps developed by them in addition to the existing provide in-app billing. alternative option of payment. Prohibition of 5. No app regulators shall by any means delay the evaluation of or unfairly delete apps unfair delay of from their Play Store or App Store, respectively as a means of retaliation or coercion against evaluation of app developers. deletion of apps. Ten per cent. 6. (1) No app regulator shall charge commission on app developers exceeding an cap on amount of ten per cent. for each in-app purchase. commission charged by app (2) The commission charge to be paid to the app developer under sub- section (1) shall regulators. be the product of separate negotiations between the app regulator and app developer as opposed to the imposition of a carte blanche commission. Regulation of 7. (1) No app regulator shall increase the annual fees taken from app developers to annual fees make up for the losses incurred through the cap on commission fees charged to app developers charged by app under sub-section (1) of section 6 or for making available alternative payment options for regulators. app developers beyond in-app billing systems as provided under section 4:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45 Provided that in case the app regulator intends to increase their annual fees, a proposal shall be submitted to the Committee on the proposed change and the reasons therefor. 8. Any app developer may make an application to the Committee constituted under Application section 9 regarding abuse by the app regulators in such manner as may be prescribed. by App developer against abuse by the app regulator. 9. (1) The Central Government shall, by notification in the Official Gazette, constitute Constitution a Committee to be known as the National Committee on Regulation of Single Application of National Committee on (App) Marketplaces to look into matters pertaining to the development and security of app Regulation of developers in such manner as may be prescribed. Single Application (2) The Committee shall consist of,— (App) Marketplaces. (a) Chairman of the Competition Commission of India, Chairperson— ex-officio; (b) a member of the Competition Commission of India, ex-officio member; (c) an official of the Ministry of Electronics and Information Technology, not below the rank of Joint Secretary, ex-officio member; (d) a reputed academic or expert working in the field of technology or app development with sufficient experience in the field, member; (e) a reputed academic, businessperson or expert in the field of the growing start-up and app development ecosystem in India, member; and (f) a legal expert, preferably with specializations or expertise in the field of technological and corporate law, member, to be appointed by the Central Government in such manner as may prescribed. (3) The salary and allowances payable to and other terms and conditions of services of members mentioned under clause (d), (e) and (f) of sub-section (2) shall be such as may be prescribed. 10. (1) The Committee shall,— Functions of Committee. (a) advise the Central Government, particularly the Union Ministry of Electronics and Information Technology regarding the welfare of app developers and creating an ecosystem for their growth; (b) recommend to the Central Government to take effective steps to ensure the protection and promotion of app developers; (c) recommend to the Central Government to take effective steps to prevent the coercion of app developers by app regulators with extractive and rent seeking practices; (d) look into the impact of specific policies of app regulators and their impact on app developers; (e) keep abreast of the international happenings and outcomes concerning app regulators, including but not limited to, specific legislation enacted in other States pertaining to their regulation, specific Court cases and disagreements between app developers in other States and app regulators, to gauge their applicability in the Indian context and determine best practices in this regard; (f) review applications submitted by app developers under section 8 against abuse by app regulators on account of unfair delay of evaluation or deletion of their apps on the Play Store and App Store, respectively;46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (g) recommend to the Central Government the rate of increase in the annual fees charged by the app regulators on the app developers; and (h) furnish an annual report with recommendations and protections for the promotion of app developers and measures to regulate and curb exploitative practices of app regulators to the Central Government in such manner as may be prescribed. (2) The Committee may, in consultation with the Central Government, make regulations, consistent with the provisions of this Act and the rules made thereunder, for the discharge of its functions and perform its duties under this Act. Penalty. 11. If any app regulator contravenes any of the provisions of— (a) sections 3, 4 and 5 and is found to be unduly carrying an app developer to route his payment through their operating system via in-app billing, such app regulator shall be liable to fine which shall not be less than rupees five lakh or two times the loss ensure by the app developers, whichever is greater; (b) sections 6 and 7 and is found to be unduly charging commission in excess to what is prescribed, such app regulators shall be liable to a fine which shall not be less than three per cent. of its annual earnings in India or rupees twenty-five crore, whichever is greater. Power to 12. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by general or special order published in the Official Gazette, make such difficulties. provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. Act not in 13. The provisions of this Act shall be in addition to, and not in derogation of the derogation of provisions in any other law, for the time being in force, relating to e-Commerce selling. other laws. Power to 14. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the purposes of this Act. (2) 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47 STATEMENT OF OBJECTS AND REASONS India has a fast-growing digital ecosystem, with a significant number of startups and nascent businesses who are entering the app-market. The effect of the rent seeking and anti-competition practices of the app regulators harm the developing digital industry not simply by eating into the revenues of the app developers but also by preventing some apps from even reaching the market. This is in direct contravention to the idea of Aatma Nirbhar Bharat. The promotion of the Standup India scheme, Startup India scheme, Make in India scheme and in the recent years, Productivity Linked Scheme (PLS) for various sectors, demonstrate the centrality of indigenous production of goods and services. The drive to cultivate the entrepreneurial spirit and cement it as a part of the Indian ethos is being hampered by the policies of app regulators and necessitates addressing at the earliest. In order to facilitate the development and promotion of app developers and protect them from coercive policies by app regulators the proposed Regulation of Single Application (App) Marketplaces Bill, 2021, seeks to,— (a) ensure that app regulators do not force app developers to route their in-app billing through their operating systems or stores; (b) ensure that app developers are free to direct consumers to alternative routes of payment of their choice for app-purchases; (c) constitution of the Committee on Regulation of Single Application (App) Marketplaces to serve app developers in the Council; (d) ensure the protection and welfare of app developers against coercive, anti-competition and rent seeking practices of app regulators; and (e) ensure a ten per cent. cap on the commission fees charges by app regulators for in-app purchases. The Bill seeks to achieve the above objectives. NEW DELHI; LAVU SRI KRISHNA DEVARAYALU November 18, 2021.48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 9 of the Bill provides for the Central Government to constitute a National Committee on Regulation of Single Application (App) Marketplaces to look into matters pertaining to the development and security of app developers. It also provides for the appointment of members to the Committee. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. However, it is estimated that an expenditure of rupees ten crore per annum would be involved from the Consolidated Fund of India. A non-recurring expenditure to the tune of rupees four crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Sub-section (2) of section 10 provides that National Committee on Regulation of Single Application (App) Marketplaces may, in consultation with the Central Government, make regulations, consistent with the provisions of this Act and the rules made thereunder, for the discharge of its functions and perform its duties under this Act. Clause 14 empowers the Central Government to make rules for carrying out the purpose of this Act. As the matters in respect of which rules and regulations may be made under the aforesaid provisions are matters of procedure and administrative details only. The delegation of legislative power is, therefore, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49 BILL NO. 84 OF 2022 A Bill to provide for the establishment of a permanent bench of the High Court of Rajasthan at Rajsamand. BE it enacted by Parliament in the Seventy-Third Year of the Republic of India as follows:— 1. This Act may be called the High Court of Rajasthan (Establishment of a Permanent Short title. Bench at Rajsamand) Act, 2022. 2. There shall be established a permanent Bench of the High Court of Rajasthan at Establishment Rajsamand and such Judges of the High Court of Rajasthan, being not less than five in of a number, as the Chief Justice of that High Court may, from time to time, nominate, shall sit at permanent Bench of the Rajsamand in order to exercise the jurisdiction and power for the time being vested in that High Court of High Court in respect of cases arising in the districts of Rajsamand, Pali, Ajmer, Sirohi, Rajasthan at Bhilwara, Chittorgarh, Pratapgarh, Dungarpur, Banswara and Udaipur. Rajsamand.50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Since the time a Bench of the High Court of Rajasthan, which is functioning at Jodhpur, was established at Jaipur, there has been a demand for the establishment of a permanent Bench of the High Court at Rajsamand. Rajasthan is one of the largest States. On average, there is only one High Court Judge per twenty-five lakh of the population of the State. Hence there arises a requirement of an additional permanent Bench of the High Court to effectively dispose cases and reduce pendency. The number of pending cases of Rajsamand division in the High Court are numerous. Besides, in a large number of cases, the Government of Rajasthan, its various departments or the Public Sector Undertakings and autonomous bodies under it happen to be a party. The Constitution of India provides the right of access to justice to every citizen. District-wise distribution of tribal population for the State of Rajasthan shows that they have their highest concentration in the Udaipur division, which includes, Banswara district (72.3 per cent), followed by Dungarpur (65.1 per cent.) and Udaipur (47.9 per cent). In fact a vast majority of this tribal population fall within the category of Scheduled Tribes. A majority of this tribal population are financially weak and hence unable to access justice due to the large distance between these districts to the Jodhpur and Jaipur benches of the Rajasthan High Court. Therefore, establishment of a permanent Bench at Rajsamand will not only reduce unnecessary expenditure from the public exchequer but would also benefit the people, particularly tribal people, from Rajsamand, Pali, Ajmer, Sirohi, Bhilwara, Chittorgarh, Pratapgarh, Dungarpur, Banswara and Udaipur districts. Hence this Bill. NEW DELHI; DIYA KUMARI February 28, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51 BILL NO. 2 OF 2021 A Bill further to amend the Hindu Marriage Act, 1955. 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 Hindu Marriage (Amendment) Act, 2021. 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 section 13 of the Hindu Marriage Act, 1955, in sub-section (1), after clause (vii), 25 of 1955. Amendment the following clause and proviso thereunder shall be inserted, namely:— of section 13. “(viii) is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code, 1860: 45 of 1860. Provided that divorce shall not be granted on this ground, unless the respondent has, prior to the presentation of the petition, undergone at least three years' imprisonment out of the said period of seven years.”.52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Section 13(1) of the Hindu Marriage Act, 1955 provides that any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the basis of certain grounds that have been enunciated in the clauses (i) to (vii) of this section. However, under the Special Marriage Act, 1954, in section 27(c) there is yet another ground on which divorce may be sought, i.e., is as follows:— ‘‘Respondent is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (Act No. 45 of 1860): Provided that divorce shall not be granted on this ground, unless the respondent has, prior to the presentation of the petition undergone at least three years' imprisonment out of the said period of seven years.’’ There seems to be no reason as to why a person whose marriage is solemnized under Hindu Marriage Act, 1955 should not be afforded this ground of divorce in as much that the dominant logic and purpose for inclusion of this clause in Special Marriage Act, 1954 holds true even for Hindu Marriage Act, 1955. Therefore, a person whose Marriage is solemnized under the Hindu Marriage Act, 1955 shall also have the opportunity to seek divorce on the grounds that his or her spouse is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code, 1860. A proviso has been added at the end that the divorce shall not be granted on this ground, unless the respondent has, prior to the presentation of the petition undergone at least three years' imprisonment out of the said period of seven years. The Bill seeks to achieve the above objects. NEW DELHI; MANISH TEWARI October 24, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53 BILL NO. 284 OF 2019 A Bill further to amend the Code of Criminal Procedure, 1973. 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 Code of Criminal Procedure (Amendment) Act, 2019. 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 section 126 of the Code of Criminal Procedure, 1973, in sub-section (1), after Amendment 2 of 1974. clause (c), the following clauses shall be inserted, namely:— of section 126. "(d) where his parent or parents reside together, in case of such proceedings being taken against such person by either parent of such person or both parents, as the case may be; or (e) where his child or all his children reside, in case of such proceedings being taken against such person by any of his children or all of his children, as the case may be.".54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Sub-section (1) of section 126 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') reads as under:— 'Proceedings under section 125 of the Code may be taken against any person in any district— (a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.' Thus, a wife seeking an allowance for maintenance or interim maintenance and expenses of proceedings under section 125 of the Code may make an application for the same in the district (a) where the husband is, or (b) where he resides, or (c) where the wife resides, or (d) where he last resided with the wife, i.e., the applicant. However, a parent, under sub-section (1) of section 126 of the Code, may file an application in the district (a) where the son is, or (b) where he resides, or (c) where the wife of his son resides, or (d) where the son last resided with his wife. There is an ambiguity left open due to certain lacunae in section 126 of the Code. As a matter of fact, whereas the wife has been given the privilege to file an application under section 125 of the Code where she resides, but the parents have not been given the facility of filing an application in the district where they reside. Similarly, an application, on behalf of the child, may be filed in the district (a) where the father is, or (b) where the father or mother reside, or (c) where the father has last resided with the mother of the child. But the child too has not been given the facility of an application being filed in the district where the child resides. There seems to be no logic to prevent the extension of the facility of filing an application under section 125 of the Code in the district where such parents or children reside. Therefore, it is proposed to amend the Code suitably by inserting new clauses (d) and (e) in sub-section (1) of section 126 of the Code with a view to extend to parents and children the facility of filing an application under section 125 of the Code for maintenance in the district they reside. The Bill seeks to achieve the above objects. NEW DELHI; MANISH TEWARI October 24, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55 BILL NO. 64 OF 2022 A Bill further to amend the Representation of the People Act, 1951. 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 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 62 of the Representation of the People Act, 1951, in sub-section (1), the Amendment following proviso and Explanation thereto shall be inserted, namely:— of section 62. "Provided that a person, who is residing on any public land for less than one year from the qualifying date, immediately preceding the election, for preparation or revision of electoral rolls, shall not be entitled to vote at such election from the Constituency falling in that public land. Explanation.—In this sub-section, in the proviso, 'public land includes land in the vicinity of public road, highways, railway tracks, Government buildings, forests, defence land, etc.".56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Our country is the largest democratic country in the world. It is the responsibility of the Election Commission to conduct fair, free and clean elections. Sometimes political parties and candidates motivate poor people living illegally on public land or in unauthorized occupation of public land to vote in their favour by getting them issued voter card, aadhaar card, etc. just before the election. To stop this rigging, there is a dire need to prevent such illegal resident of public land to vote in any election if their stay in such public land is less than one year from the time the last revision of electoral roll was conducted and subsequent election. Hence this Bill. NEW DELHI; RAHUL SHEWALE January 17, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57 BILL NO. 65 OF 2022 A Bill to promote awareness to prevent passing of thalassemia from parents to children through mutated haemoglobin genes and for matters connected therewith. 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 Thalassemia Prevention 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) "appropriate Government" means in the case of a State, the Government of that State, and in all other cases, the Central Government; (b) "educational institution'' means a primary or a middle or a secondary school imparting education to children, by whatever name such institution is called; (c) "Fund" means the Thalassemia Prevention and Awareness Fund; and (d) "prescribed" means prescribed by rules made under this Act.58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Thalassemia 3. (1) The Central Government shall, by notification in the official Gazette, constitute a Prevention Fund to be known as the Thalassemia Prevention and Awareness Fund. and Awareness Fund. (2) The Fund shall be utilised to:— (a) create awareness about thalassemia at bus stands, railway stations and government hospitals in urban and rural areas; and (b) organise blood donation camp in such manner as may be prescribed. Compulsory 4. From such date, as the Central Government may, by notification in the official Teaching of Gazette, specify, thalassemia and preventive measures therefor shall be taught as a compulsory thalassemia in subject in all educational institutions. educational institutions. Compulsory 5. The appropriate Government shall ensure that the testing for thalassemia is made Thalassemia compulsory,— Test Report. (i) at the time of taking admission in Educational Institutions; (ii) at the time of being appointed in Government establishment and Nationalised Bank: Provided that mere testing positive for thalassemia shall not be a ground to deny admission in educational institutions or appointment in Government establishments and nationalised banks, as the case may be. Thalassemia 6. Each party to marriage shall, before solemnisation of marriage, submit thalassemia Test Report test report to the appropriate Government in such manner as may be prescribed: before marriage. Provided that mere testing positive for thalassemia of either party to the marriage shall not be a ground for denial of registering or solemnisation of a marriage. Central 7. The Central Government shall, after due appropriation made by Parliament by law in Government this behalf, provide adequate funds, from time to time, for carrying out the purposes of this to provide funds. Act. Act to have 8. The provisions of this Act shall have effect notwithstanding anything inconsistent overriding therewith contained in any other law for the time being in force. effect. Power to 9. (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 not difficulties. inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. Power to 10. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the purposes of this Act. (2) Every rule made under this section 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 theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59 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. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Thalassemia is a disease caused by a defect in the blood. Most people are unaware of this disease. The disease is fully genetic. In other words, it is the parents who cause the disease in children. This disease is of two types, minor and major. Children get this serious disease only because of ignorance of their parents about the disease. Thalassemia minor are carriers and can live their lives like everyone else. But if two thalassemia minors are married to each other there are twenty five per cent chances of getting thalassemia major child. To stop all this a simple procedure is to get tested for thalassemia before marriage. This test can be carried out at any pathology lab. If the person carries out the test for thalassemia and tests negative or positive, the result remains same for the rest of life. That's why it is must that the person should get tested once. The Bill provides for creating awareness about thalassemia so as to prevent passing of thalassemia from parents to children. Hence this Bill. NEW DELHI; RAHUL SHEWALE January 19, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of a Thalassemia Prevention and Awareness Fund, which shall be utilised for creating awareness about the disease in urban and rural areas and for organising blood donation camps. Clause 7 provides that the Central Government shall provide adequate funds for carrying out the purposes of the Act. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees ten crore per annum would be involved from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 58 OF 2022 A Bill further to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Right to Fair Compensation and Transparency in commencement. Land Acquisition, Rehabilitation and Resettlement (Amendment) Act, 2022. (2) It shall come into force on such date, as the Central Government may, by notification in the official Gazette, appoint. Insertion of 2. After section 40 of the Right to Fair Compensation and Transparency in Land new sections Acquisition, Rehabilitation and Resettlement Act, 2013, the following sections shall be 30 of 2013. 40A and 40B. inserted, namely:— Special "40A. (1) Notwithstanding anything contained in section 40, in case of land powers in case required to be acquired for infrastructure projects in metropolitan city of Mumbai, of acquisition whenever the Government of the State of Maharashtra so directs, the Collector shall, of land in though no such award has been made, may on the recommendation of Single Window metropolitan city of No Objection Certificate Approval Committee and on the expiration of thirty days from Mumbai for the publication of the notice mentioned in section 21, take possession of any land infrastructure needed for infrastructure projects and such land shall thereupon vest absolutely in the projects. Government of the State of Maharashtra, free from all encumbrances. (2) The Government of the State of Maharashtra shall not take possession of any land under sub-section (1) without giving to the occupier thereof at least thirtySEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63 days notice of his intention to do so, or such longer notice not later than forty-five days to enable such occupier to remove his movable property from such land without unnecessary inconvenience. (3) Before taking possession of any land under sub-section (1) or sub- section (2), the Collector shall tender payment of the compensation for such land as estimated by him to the person entitled thereto: Provided that in case of delay in payment of compensation an additional compensation of two per cent. of the total compensation per month shall be paid to the person. 40B. (1) For the purpose of section 40A, the Government of the State of Maharashtra Single Window shall, by notification in the Official Gazette, appoint a Committee be known as Single Window No Objection No Objection Certificate Approval Committee for metropolitan city of Mumbai for Single Certificate Approval Window Approval of the land acquisition. Committee. (2) The Committee shall consist of— (i) a Chairperson; (ii) one representative to be nominated by the Central Government, as member; (iii) one representative to be nominated by the Government of the State of Maharashtra, as member; (iv) the Collector of the metropolitan city of Mumbai concerned from where the land is acquired, as member; (v) one representative of the Brihanmumbai Municipal Corporation (BMC), as member; (vi) one representative of the State department of Urban Development; (vii) one representative of the State department of Rural Development; (viii) one representative of the State department of Finance; (ix) one representative of the State department of Home; and (x) one representative each of the State and Central department of Environment, Forest and Climate Change. (3) The salary and allowances payable to and other terms and conditions of service of Chairperson and members of the committee shall be such as may be prescribed. (4) The Government of the State of Maharashtra shall provide the committee with financial and other assistance as may be necessary for the efficient functioning. (5) The Committee shall make its recommendations to the Government of the State of Maharashtra regarding the No Objection Certificates for land acquisition within thirty days of request and submission of relevant documents: Provided that in case Committee requires further time, it may make a report in writing to the concerned parties involved appraising them of the need for extension by fifteen more days. (6) The Committee while recommending No Objection Certificate under sub-section (5) shall:— (i) uphold the socio-economic interests of local communities and environment; (ii) undertake activities for determining a fair compensation;64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (iii) facilitate counselling for affected families to invest the compensation amount in a prudent manner; (iv) mediate or arbitrate disputes between interested parties; and (v) maintain a public interface for application and disbursement, constantly update its data pertaining to application received verses disbursement and penalty paid in such manner as may be prescribed.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65 STATEMENT OF OBJECTS AND REASONS Major developmental projects undertaken by the Central and the Government of the State of Maharashtra have been facing undue and unavoidable delay because of the lengthy and time-consuming process of land acquisition in the city of Mumbai. These projects often include time-sensitive developmental projects including those with international funding and foreign investment similar to Mumbai Development Plan 2034 spearheaded by the Mumbai Metropolitan Region Development Authority. The acquisition of land for developmental projects by the Government has often times been delayed and called off due to procedural lapses. Given the geographical location and the frequency of occurrence of natural disasters in Mumbai, it becomes imperative to streamline the land acquisition process so as to expedite the completion of the project in a time-bound manner. The objective of this Bill is to simplify the long chain of communication which culminates in the grant of permission for acquisition of land. Further, this Bill seeks to expedite the process of acquisition of land in the State of Maharashtra, by the Government, for development purposes whilst simultaneously securing the rights of displaced citizens and land owners from whom the land was acquired by the Government. Through introduction of a single-window system for approval and constitution of various other authorities, the Bill seeks to simplify the land acquisition and compensation process by making it more time-bound. The Bill disentangles the various authorities and departments involved in the process by constituting a single committee with equal representation, thus bringing in a single Body which may grant or rescind approvals received from the Government. The proposed Bill seeks to streamline the application process, the scrutinization process, the grant of approval for acquisition of land and timely disbursal of compensation for land owners whose lands have been acquired. Hence this Bill. NEW DELHI; RAHUL SHEWALE February 2, 2022.66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for constitution of Single Window No Objection Certificate approval committee, to ensure timely approvals and expedited land acquisition. The Bill, therefore, if enacted will involve expenditure recurring and non-recurring from the Consolidated Fund of India. However, it is not possible to access the actual financial expenditure likely to be incurred at this stage.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67 BILL NO. 23 OF 2022 A Bill to provide for adequate dwelling house free of cost or at such reasonable cost to every homeless family living below poverty line and in slums in the country 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 Adequate Housing (One Family- One Toilet) Short title and Act, 2022. commencement. (2) It extends to the whole of India. (3) It shall come into force with immediate effect. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means in the case of a State, the Government of that State, and in all other cases, the Central Government; (b) "Committee" means the Monitoring and Grievance Redressal Committee constituted under section 8; (c) "dwelling house" means a residence consisting of at least one room, one kitchen and one toilet with electricity, water and sanitation facilities; (d) "families living below poverty line" means those families who are declared by the Central Government to be living below poverty line; (e) "Fund" means the House Building Fund constituted under section 7; (f) "prescribed" means prescribed by rules made under this Act; and68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (g) "slum" includes an area consisting of unplanned and shabbily built and overcrowded houses in unhygienic atmosphere without electricity, water and sanitation facilities. Central 3. (1) The Central Government shall, fromthe date of commencement of this Act and by Government the year 2022, provide free of cost all- weather dwelling house to each homeless family living to provide below poverty line and in slums in the country: dwelling house to families Provided that while providing the dwelling house, the Central Government shall take living below into account the number of members in such family. poverty line and slums. (2) For the purposes of sub-section (1), the Central Government shall, in consultation with the concerned State Government or Union territory Administration, as the case may be, notify the list of all the slum dwellers and families living below poverty line in such manner as may be prescribed. (3) The priority of the allotment of dwelling houses shall be determined by way of draw of lots in such manner as may be prescribed. 4. (1) The Central Government shall, fromthe date of commencement of this Act, provide Central Government dwelling house at fifty per cent. cost to each family not covered under section 3 of the act but to provide having an annual income of less than rupees four lakh: dwelling house at fifty per Provided that while providing the dwelling house, the Central Government shall take cent. of cost. into account the number of members in that family. (2) The Central Government shall, for the purposes of sub-section (1),— (a) in consultation with the State Government or the Union territory Administration, as the case may be, cause to be notified a list of all families not covered under section 3 but having an annual income of less than rupees four lakh in each State and Union territory, in such manner as may be prescribed; and (b) provide interest free loan to the family for payment of cost of dwelling houses, in such manner, as may be prescribed. (3) The priority of allotment of a dwelling house in the State or Union territory, as the case may be, shall be determined by way of draw of lots in such manner as may be prescribed. Central 5. (1) The Central Government shall, after every four years, undertake the maintenance Government of the dwelling houses provided under section 3 to the families living below poverty line and to maintain in slums and charge such nominal amount for the purpose as may be prescribed. dwelling house. (2) The Central Government shall, after every four years, undertake the maintenance of dwelling houses provided under section 4 to the families having annual income less than rupees four lakhs and in slums and charge fifty per cent. of the maintenance cost. Succession of 6. The Central Government shall ensure that in the case of death of head of the family dwelling living below poverty line or having an annual income of less than rupees four lakh, the title house. of that dwelling house is transferred to his spouse. House 7. (1) The Central Government shall, by notification in the Official Gazette, constitute Building Fund a Fund to be called the House Building Fund for the poor and families living below poverty for families line for carry out the purposes of this Act. living below poverty line. (2) The Fund shall be credited,— (a) the sums received as grants-in-aid from the Central and State Governments such proportion as may be prescribed; (b) donations received from private individual and organisations; and (c) such other funds, as may be prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69 8. (1) The Central Government shall, by notification in the Official Gazette, establish a Establishment Committee to be known as the Monitoring and Grievance Redressal Committee to promote of Monitoring and Grievance and make effective, the process of providing dwelling houses to the poor and the families Redressal living below poverty line and redressal of their grievances. Committee. (2) The Committee shall consist of,— (i) retired Judge of the Supreme Court—Chairperson; (ii) Secretary, Union Ministry of Housing and Urban Affairs — member; (iii) two renowned persons having experience in working for the poor and below poverty line families — members; (iv) ten Secretaries from the Housing Department of State Governments to be nominated on rotation basis — members, to be appointed by the Central Government in such manner as may be prescribed. (3) The salary and allowance payable to and other terms and conditions of service of the Chairpersonand members of the Committee shall be such as may be prescribed. (4) The Union Ministry of Housing and Urban Affairs shall provide secretarial assistance to the Committee. 9. The Committee shall,— Functions of the (a) suggest methods for expeditious construction of dwelling house with one Committee. family- one toilet in a multi-storey or single storey structure to homeless families living below poverty line and in slums; (b) make provision to give ratings to States to ensure that each family living in slum and family living below poverty line gets a dwelling house with one family— one toilet in a specified time with a view to bring competition among different States; (c) recommend to the Central Government to curtail and restrict funds provided to the States which lag behind as provided in clause (b); (d) ensure penal action against those who construct the houses in violation of the processes of the Act; (e) receive and redress complaints from the people regarding their right to houses under this Act; (f) suggest from time to time specifications that may be adopted during the construction of houses for slum and for family living under below poverty line; and (g) perform such other functions, as may be prescribed. 10. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may, by order, as published in the Official Gazette, make such provisions not remove difficulties. inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after expiry of three years from the date of commencement of this Act. 11. (1) The Central Government may, by notification in the Official Gazette make rules Power to to carry out the provisions of this Act. make rules.70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71 STATEMENT OF OBJECTS AND REASONS Housing is an indispensable for ensuring human dignity. Adequate housing not only means having four walls and a roof over one's head, but it also includes other things. In general, housing is essential for a healthy living. It caters to the psychological need of privacy and personal space and physical needs for protection and safety from inclement weather. Today, when many people live in luxurious bungalows or big houses, still a large number of people do not even have shelter to live. Housing has become out of reach due to rising costs. A large number of slum dwellers are still homeless in the country. Homeless people face the uncertainties of weather, from shivering cold in winter to heat wave during summer. Many of these homeless people die every year due to these harsh conditions. Most of these homeless people are poor or living below poverty line. Proper housing is also essential for the protection of childhood as homeless children always become victims of child abuse and crime. Still lakhs of people, especially those living below poverty line or in the low income group, do not have a roof over their heads and they are living in contemptuous conditions in settlements, slums and unauthorized slums on the tracks. Therefore, it is felt that the Government should provide at least one housing unit free of cost to every family living below poverty line. Apart from this, persons under low income group should also be provided a housing unit at fifty per cent. of the construction cost. Since the low income families cannot pay the lump sum amount to buy the house, it is proposed that they may be provided with one time interest free loan for this purpose. Today, there is a need to envision and expedite the process of construction of "one family, one toilet" in multi-storey or single storey structure so that every slum dwellers and every homeless family can get housing within a given period. There is also a need to give rating to the States so that by competing amongst the States, the construction work of "one family, one toilet" can be expedited. For the States which lag behind in the rating of this process, there is also a need to cut or stop their funds. It is also required to ensure the provision of penal action against those persons who construct houses in violation of the rules. Article 25 of Universal Declaration of Human Rights recognizes as part of the right to a reasonable standard of living. Article 11 (1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) also guarantees the right to an adequate standard of living as part of the right to housing. In addition, the right to adequate housing has been recognized internationally in many other instruments as well. India being a party to international covenants, has an obligation to provide adequate housing to its citizens. It is a matter of pride for all of us countrymen that Hon'ble Prime Minister has taken important steps to provide housing to the densely populated settlements and slum dwellers of the country like urbanized Dharavi by the year 2022. It has also been envisaged to provide pucca house to all by the year 2022 and work in this direction is also going on smoothly in a phased manner across the country. But still there is a need to accelerate this work further, so that the ambitious plan of Hon'ble Prime Minister to provide house to all poor people of the country by the year 2022 can be achieved. The corona pandemic in the country had huge impact in urban and densely populated and slum areas. A vivid example of this is Asia's largest slum Dharavi in Mumbai metropolitan city of State of Maharashtra, where corona pandemic took a severe form in this dense settlement.72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Hence, this Bill, not only will provide poor people living in slums with permanent housing and necessary basic civic facilities, but also will fulfil the Commitment express by our popular Prime Minister of providing pucca houses to all by the year 2022. Hence this Bill. NEW DELHI; GOPAL CHINAYYA SHETTY December 4, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 73 FINANCIAL MEMORANDUM Clause 3 of the Bill provides that the families living below poverty line and in slums shall be provided a dwelling house free of cost. Clause 4 provides that families earning below rupees four lakh shall be given a dwelling unit at fifty percent of the cost. Clause 5 provides that Central Government shall also undertake the maintenance of these dwelling units. Clause 7 provides that Central Government shall also contribute to the House Building Fund. Clause 8 provides for establishment of a Monitoring and Grievance Redressal Committee. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. However, at this stage it is difficult to estimate the recurring Consolidated Fund of India expenditure that may be required from as the same will depend on the number of eligible persons for housing and the decision of the Central Government on the number of housing units to be constructed every year. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 71 OF 2022 A Bill to provide for compensation to the victims of attack by wild animals and for matters connected therewith. 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 Payment of Compensation to Victims of Attack by Short title and extent. Wild Animals Act, 2022. (2) It extends to the whole of India. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "crop raid" means an act of entering into a cultivated area by wild animals and causing damage to the entire crop; (b) "Tribunal" means the Compensation Claims Tribunal constituted under section 4; and (c) "wild animal" shall have the same meaning as assigned to it under the provisions of the Wild Life (Protection) Act, 1972. 53 of 1972. 3. (1) Notwithstanding anything contained in any other law for the time being in force Payment of Compensation or any instrument having the force of law, the Central Government shall provide for paying in in case of accordance with the provisions of this Act, compensation on death of, or grievous hurt to, attack by wild persons, or in respect of cropraid or loss of livestock resulting from attack by wild animals. animals.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75 (2) Subject to the provisions of this Act, there shall be paid as compensation,— (a) in respect of the death of any person resulting from attack by wild animals, a fixed sum of two lakh rupees or such higher amount, as the Compensation Claims Tribunal may deem appropriate, to the legal heir of the victims, or; (b) in respect of grievous hurt to any person resulting from attack by wild animals, a fixed sum of fifty thousand rupees or such higher amount as the Compensation Claims Tribunal may deem appropriate to the victim. (c) in case of loss of crop or livestock, an amount equivalent to the market rate of such crop or livestock, as the case may be. 4. (1) The Central Government may, by notification in the Official Gazette, constitute Compensation one or more Compensation Claims Tribunals for such area as may be specified in the Claims Tribunals. notification for the purpose of adjudicating upon claims for compensation in respect of the death of, or bodily injury to, persons or cropraid or loss of livestock arising out of attack by wild animals. (2) The Claims Tribunal shall consist of such number of members as the Central Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the chairperson thereof. (3) A person shall not be qualified for appointment as a member of Claims Tribunal unless he— (a) is, or has been, a Judge of a High Court, or (b) is, or has been, a District Judge, or (c) is qualified for appointment as a Judge of a High Court. 5. An application for payment of compensation as specified in section 3 may be made Application to the Tribunal— for Compensation. (a) by the person who has sustained the injury or suffered loss of crop or livestock; or (b) where death has resulted from the attack by wild animals, by all or any of the legal representatives of the deceased; or (c) by an agent duly authorized by the person injured or by all or any of the legal heirs of the deceased, as the case may be: Provided that where all the legal heirs of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal heirs of the deceased and the legal heirs who have not so joined, shall be impleaded as respondents to the application. 6. On receipt of an application for compensation made under section 5, the Tribunal Award of the shall hold an inquiry into the claim and may make an award determining the amount of Compensation Tribunal. compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Tribunal shall specify the amount which shall be paid by the Central Government. 7. Notwithstanding anything contained in section 3, no compensation shall be payable Compensation to a person or his legal heirs, as the case may be, if that person is attacked by wild animals not payable in certain under any of the following circumstances:— circumstances. (i) if he goes to a forest area or an area generally inhabited or frequented by wild animals for the purpose of hunting or capturing a wild animal alive; (ii) if he attacks a wild animal except in self-defence; (iii) if he strays into an area which is exclusively specified for wild animals;76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (iv) if he commits any act which appears to have been done for hurting or torturing or inflicting cruelty on or exploiting a wild animal. Act to have 8. The provisions of this Act shall have effect notwithstanding anything inconsistent overriding therewith contained in any other law for the time being in force. effect. Power to 9. (1) The Central Government may, by notification in the Official Gazette, 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, 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77 STATEMENT OF OBJECTS AND REASONS Due to increase in the population of wild animals and due to loss of forest cover the wild animals are encroaching into human habitations. The farmers have stopped growing crops like groundnuts and sugarcane etc. in the areas around the national parks. In order to take care of other crops, the farmers have to leave the house in chilling cold and stay on the fields. If there is a slight mistake, the wild animals devour the whole crop or cause injury to farmers. The right of the farmers to protect their crops from wild animals has also been taken away in the Wild Life (Protection) Act, 1972. There is a provision for life imprisonment for hurting and killing any wild animal, while there is no law to compensate for the loss of crops. Wild animals are protected to preserve the biodiversity and save the earths ecosystem. The life of the farmer and his livestock are threatened due to attack by wild animals. Till now many people lost their lives untimely due to attack of wild animals. Therefore, it is required to enact a law to provide for proper compensation to citizens who are victim of attack by wild animals. Hence this Bill. NEW DELHI; DEVJI M. PATEL January 18, 2022.78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides that the Central Government shall provide for payment of compensation to the persons attacked by wild animals or loss of crop or livestock due to animal attack. Clause 4 provides for the constitution of compensation Claims Tribunal for settlement of sum of compensation by attack of wild animal. Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one hundred crore per annum. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79 BILL NO. 40 OF 2022 A Bill further to amend the Rights of Persons with Disabilities Act, 2016. 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 Rights of Persons with Disabilities (Amendment) Short title and 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. After Chapter X of the Rights of the Persons with Disabilities Act, 2016 the following 49 of 2016. Insertion of Chapter and sections thereunder shall be inserted, namely:— new Chapter XA. "59A. (1) The Central Government shall, as soon as may be by notification in the Constitution Gazette, constitute a body to be known as the National Commission for Persons with of the Disabilities, hereinafter referred to in this Chapter as the National Commission, to exercise National the power and to perform the functions conferred on it under this Act. Commission for Persons (2) The Commission shall consist of the following members, namely:— with Disabilities. (a) a Chairperson who shall be a person with disability, having special knowledge in matters relating to the disability issues and knowledge in law; (b) a member who may be a person with disability or not, having special knowledge in matters relating to the disability issues and knowledge in law;80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) a woman who may be a person with disability or not, having special knowledge in matters relating to the disability issues and knowledge in law and has proved working excellence in such matters, to be appointed by the Central Government in such manner as may be prescribed. (3) An officer not below the rank of an Additional Secretary to the Government of India shall be the Member-Secretary and the Chief Executive Officer of the National Commission and shall exercise such powers and discharge the functions as the National Commission may, by its order, authorize. Terms of 59B. (1) Each member may continue in office till the completion of three years from the office and date on which he assumes office. conditions of service of (2) The Chairperson or a member of the National Commission may, at any time, by Chairperson giving intimation to the Central Government in writing under his hand, demit his office. and Members. (3) The Central Government shall remove a person from the office of the Chairperson or of a Member, if that person— (a) becomes an undischarged insolvent; or (b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) becomes of unsound mind and stands so declared by a competent court; or (d) refuses to work or becomes incapable to work; or (e) without obtaining prior permission from the National Commission, does not attend three consecutive meetings of the National Commission; or (f) in the opinion of the Central Government, has so abused the official position of Chairperson or Member as to render that person's continuance in office detrimental to the interest of disabled people or public interest: Provided that no person shall be removed under this sub-section unless that person is given a reasonable opportunity of being heard in the matter. Officers and 59C. (1) The Central Government shall provide such officers and other employees as other may be required for the efficient performance of the National Commission. employees of the National (2) The salary and allowances payable to, and the terms and conditions of service of Commission. the officers and other employees appointed for the purpose of the National Commission shall be such as may be prescribed. Salary, 59D. The salary and allowances payable to the Chairperson and Members, and the allowances and administrative expenses, including salary, allowances and pension payable to the officers administrative and other employees referred to in sub-section (1) of section 59(C), shall be paid by the expenses to be Central Government. paid by the Central Government. Functions of 59E. The National Commission shall,— the National Commission. (a) evaluate the progress of the development of persons with disabilities in the country; (b) enquire and monitor the manner of functioning of various safeguards provided, in the Constitution or under any other law or under any order of the Central Government for the welfare, protection and empowerment of the persons with disability in the country; (c) enquire into specific complaints about deprivation of social, economic, educational and linguistic rights, safeguards and benefits of the persons with disabilities to bring such matters into the notice of authorities concerned and to suggest remedial measures;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81 (d) participate in and give creative suggestions on the planning programmes for the educational, social and economic development of the persons with disabilities; (e)make recommendations as to the steps to be taken by the Central Government for the effective implementation of the measures and safeguards for the educational, social and economic development, welfare and protection of the persons with disabilities and to make report to the Central Government either annually or at such other time, as the National Commission may deem fit and to monitor their timely implementation; (f) cause studies to be undertaken into various problems arising out of discrimination towards persons with disabilities and recommend measures for their removal; and (g) conduct studies, research and analysis and to organise seminars, symposium and awareness classes on the issues relating to social, economic and educational advancement of persons with disabilities. 59F. In case of any difficulty relating to issue of Certificate of Disability under section 58 Supervision of in the manner and form specified by the Central Government to the persons with disability issuing comes to the notice of the National Commission, the National Commission may report the Certificate of Disability. same to the Central Government and suggest remedial measures therefore. 59G. The Central Government shall cause the reports referred to in section 59F, to be Laying of laid before each House of the Parliament along with the action taken or proposed to be taken Report. thereon and also the reasons, if any, for non-acceptance of the recommendations in such manner as may be prescribed. 59H. (1) If any difficulty arises in giving effect to the provisions of this Chapter, the Power to Central Government may, by order published in the Gazette, make provisions not inconsistent remove with the provisions of this Act which appear to it to be necessary or expedient, for removing difficulties. the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Parliament of India.''.82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Rights of Persons with Disabilities Act, 2016 was enacted to protect the rights and ensure welfare of the persons with disabilities. Under the aforesaid Act a Central Advisory Board on Disability has been constituted. However, the comprehensive social and educational advancement, welfare, protection and empowerment of persons with disability is yet to achieved. The need is to constitute a National Commission for the Persons with Disability on the lines for the development of National Commission for the Minorities, Women, Other Backward Classes, the Scheduled Castes and the Scheduled Tribes. The establishment of the National Commission is intended to provide equality and welfare as well as the safeguard to the four per cent. of the persons with disability in the national population. The Bill, therefore, seeks to amend the Persons with Disability Act, 2016 with a view to constitute a National Commission for Persons with Disabilities. Hence this Bill. NEW DELHI; CHINTA ANURADHA December 16, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83 FINANCIAL MEMORANDUM Clause 2 of the Bill vide proposed section 59A provides for the constitution of National Commission of Persons with Disabilities. It also provides for appointment of a Chairperson and other members of the National Commission. It also vide proposed section 59C provides for appointment of officers and employees to the National Commission. It further vide proposed section 59D provides for the salary and allowances payable to the Chairperson and members of the National Commission to be paid out of the grants available to the Central Government. The Bill if enacted will involve expenditure from the Consolidated Fund of India. Arecurring expenditure of rupees one hundred crore would be involved. A non-recurring expenditure of rupees three hundred crore would also be involved.84 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 47 OF 2022 A Bill to prohibit conversion therapy and for matters connected therewith. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Conversion Therapy (Prohibition) 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. Definitions. 2. In this Act, unless the context otherwise requires:— (a) "conversion therapy", means any practice, sustained effort or treatment aiming to change a person's sexual orientation from homosexual or bisexual to heterosexual or his gender identity or gender expression from transgender to cis-gender using psychological, physical, spiritual or other interventions; (b) "gender expression" means manifestation of gender identity of a person, that is to say, the manner in which a person expresses his gender identity through song, appearance, dress and behaviour; (c) "gender identity" refers to internal and individual experience of gender of a person, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance and, or functions by medical, surgical or other means) and other expressions of gender including name, dress, speech and mannerisms;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85 (d) "professional" means a person who has an official qualification and a warrant to practice as a care worker, counsellor, educator, family therapist, medical practitioner, pathologist, psychologist, psychotherapist, psychiatrist, social worker or youth worker; (e) "sexual orientation" refers to each person's capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, persons of a different gender or the same gender or more than one gender; (f) "mental illness" shall have the meaning assigned to it in the Mental Healthcare 10 of 2017. Act, 2017; (g) "person with disability" shall have the meaning assigned to it in the Rights of 49 of 2016. Persons with Disabilities Act, 2016; (h) "vulnerable person" means any person: (i) under the age of eighteen years; or (ii) with disability or mental illness; or (iii)considered by the court to be particularly at risk when taking into account the person's age, maturity, health, disability, social or other conditions including any situation of dependence, as well as physical or psychological consequence of the offence on that person. 3. The conversion therapy is hereby prohibited. Prohibition of Conversion Therapy. 4. Any person who advertises, directly or indirectly, about conversion therapy shall be Punishment punishable with imprisonment for a term which shall not be less than six months but which for advertising may extend upto two years and with fine which may extend upto two lakh rupees: Conversion Provided that if a professional is found guilty of committing the offence of advertising Therapy. conversion therapy, his license to practice that profession shall also be revoked. 5. A person forcing another person to undergo conversion therapy shall be deemed to Punishment have committed the offence of voluntarily causing hurt under section 321 of the Indian Penal for forcing Conversion Code (45 of 1860) and shall be punished accordingly. Therapy. 6. A professional or a person pretending to be a professional, administering conversion Punishment for therapy shall be deemed to have committed the offence of voluntarily causing grievous hurt professional or person under section 322 of the Indian Penal Code (45 of 1860) and shall be punished accordingly. pretending to be a professional. 7. Any person or a professional found instigating a vulnerable person to undergo Punishment conversion therapy shall be punishable with imprisonment for a term which shall not be less for causing vulnerable than two years, but which may extend upto five years and with fine which may extend upto person to ten lakh rupees. undergo conversion therapy. 2 of 1974. 8. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,— Metropolitan Magistrate to (a) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of try offences. the first class shall try any offence under this Act; (b) no court shall take cognizance of an offence punishable under this Act except upon— (i) its own knowledge or a police report of the facts which constitute such offence, or (ii) a complaint by the person aggrieved by the offence or a parent or other86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— relative of such person, or by any recognised welfare institution or organisation; (c) it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by this Act on any person convicted of an offence under this Act. Explanation.—For the purposes of this sub-section, "recognised welfare institution or organisation" means a social welfare institution or organisation recognised in this behalf by the Central or State Government. (2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 relating to limitation for taking cognizance of certain offences shall apply to any offence punishable 2 of 1974. under this Act. (3) Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence under this Act shall not subject such person to a prosecution under this Act. 9. (1) The Code of Criminal Procedure, 1973 shall apply to offences under this Act as if Offences to they were cognizable offences— 2 of 1974. be cognizable for certain (a) for the purposes of investigation of such offences; and purposes and (b) for the purposes of matters other than— to be non-bailable (i) matters referred to in section 42 of that Code; and and non- compoundable. (ii) the arrest of a person without a warrant or without an order of a Magistrate. (2) Every offence under this Act shall be non-bailable and non-compoundable. 10. Where any person is prosecuted for administering or abetting conversion therapy, the burden of proving that he had not committed an offence under those sections shall be on Burden of Proof. him. 11. (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) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for the better co-ordination of policy and action with respect to the administration of this Act. (3) Every rule made under this section 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87 STATEMENT OF OBJECTS AND REASONS All human beings are born free and equal in dignity and rights. All human rights are universal, interdependent, indivisible and interrelated. Sexual orientation and gender identity are integral to every person's dignity and humanity and must not be the basis for discrimination or abuse. The aforementioned principles are also attributed to sovereign States such as India under the Yogyakarta Principles. The Supreme Court of India in the landmark case of Navtej Singh Johar vs. Union of India, while recognizing the 'transformative nature' of the Indian Constitution, introduced the Doctrine of Progressive Realisation of Rights, in order to advocate the realization of new rights congruent with changing times. However, this an attempt is mere tokenism if the promise of constitutional safeguards to sexual minorities fails to address lacunae in the existing legal framework, thereby allowing these minorities to remain vulnerable. Conversion therapy violates the aforementioned rights to its core. However, the rights granted under article 19(1)(a) of the Constitution only protect individuals against the actions of the State, that is, vertical application of fundamental rights and precludes liability of private entities. Whereas, the rights guaranteed under article 21 as fundamental rights in India can grant protection against private entities but such horizontal application has not been observed in the context of sexual orientation. Hence, the fundamental rights in the context of sexual orientation and gender identity provided under article 19(1)(a) and article 21 of the Constitution, can only be enforced against government facilities and not against private entities. The objective of this Bill is to ensure that an individual is not persecuted and subjected to colonial narrative or victorian norms purporting heteronormative cis-gender narrative as justification for causing uncertified and unscientific medical harm. Hence this Bill. NEW DELHI; APARUPA PODDAR February 16, 2022. .88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89 BILL NO. 54 OF 2022 A Bill furthre to amend the Indian Penal Code, 1860. BE it enacted in the Seventy-third year of the Republic of India as follows,- 1. (1) This Act may be called the Indian Penal Code (Amendment) Act, 2022. Short title and commencement. (2) It shall come into force on such date, as the Central Government may, by notifica- tion in the Official Gazette, appoint. 45 of 1860. 2. After section 72 of the Indian Penal Code, 1860 (hereinafter referred to as the Code), Insertion of the following section shall be inserted, namely:— new section 72A. "72A. No person convicted of any offence shall be kept in solitary confinement except Solitary for offence or duration of punishment as specified in section 73.". Confinerment for certain offences. 3. For section 73 of the Code, the following section shall be substituted, namely:— Substitution of new section for section 73. "73. Whenever any person is convicted of an offence— Solitary confinement. (i) of direct or indirect involvement in any terrorist act or activities under the 37 of 1967. Unlawful Activities (Prevention) Act, 1967; or (ii) for which under this Code or under any other law for the time being in force, the Court sentences him to imprisonment for a term of not less than seven years,90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— the Court may, by its sentence, order that the offender shall be kept in solitary confinement for such portion or portions of the imprisonment to which he is sentenced, as may be specified in the sentence order. Amendment 4. In section 74 of the Code, for the words "three months", the words "ten years", of section 74. shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91 STATEMENT OF OBJECTS AND REASONS Solitary Confinement is defined as confinement and imprisonment of human beings without human contact for long periods of time. As per the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules), it is defined as "solitary confinement shall refer to the confinement of prisoners for 22 hours or more a day without meaningful human contact. Prolonged solitary confinement shall refer to solitary confinement for a time period in excess of 15 consecutive days". However, the practice of solitary confinement is inhumane, violative of international laws and conventions as well as directions of the Hon'ble Supreme Court of India. In the case of Sunil Batra v. Delhi Administration 1980 SCR (2) 557, the Hon'ble Supreme Court of India held the practice of solitary confinement under Section 30 of the Prisons Act, 1894 to be violative of the Constitution of India. The Hon'ble Supreme Court went a step ahead in the case of Unni Krishnan v. State of Andhra Pradesh 1993 SCR (1) 594 and held that right against solitary confinement is envisaged under the ambit of Article 21. Furthermore, in the recent observation of the Hon'ble Uttarakhand High Court, In the case of State of Uttarakhand v. Mehtab, Sushil and Bhura, held that the convict shall not be isolated till the death sentence has become final, conclusive and indefeasible which cannot be challenged or further annulled or voided by any procedure. In the Death Penalty India Report, published under Project 39A of NLU Delhi, the majority of convicts belong to the deprived class either socially or economically. This makes them more vulnerable with regards to the ill effects of provisions like solitary confinement, as they don't enjoy proper and adequate resources in order to avail the services of top legal professionals for safeguarding their rights. To make things worse, various national and international studies indicate that solitary confinement has psychological effects on the prisoner such as hallucination, hypersensitivity and anxiety. Solitary confinement or separate confinement is a cause of concern for many making situations worse for both the convict and the family. India being a welfare state must adhere to the principles of human rights, international conventions as well as the moral and constitutional obligations. The present Bill seeks to amend provisions of Indian Penal Code, 1860 for providing safeguards against the practice of solitary confinement. Hence this Bill. NEW DELHI; APARUPA PODDAR January 16, 2022.92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 48 OF 2022 A Bill further to amend the Indian Penal Code, 1860. BE it enacted by 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 2. In section 88 of the Indian Penal Code, 1860 (hereinafter referred to as the Code) the of section 88. following proviso shall be added at the end, namely:— "Provided that nothing in this section shall exempt teachers, parents or caregivers from liability of having committed an offence by using force or inflicting any punishment, physical or mental, that has the potential of causing harm to the child under eighteen years of age, physically or emotionally.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93 3. In section 89 of the Code,— Amendment of section 89. (i) for the words, "benefit of a person under twelve years of age, or of unsound mind,", the words, "benefit of a child under eighteen years of age, or of a person of unsound mind," shall be substituted; and (ii) after the fourth proviso, the following proviso shall be inserted, namely:— "Fifthly.—That this exception shall not exempt teachers, parents or caregivers from liability of having committed an offence by using force or inflicting any punishment, physical or mental, that has the potential of causing harm to the child, physically or emotionally.".94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The United Nations Committee on the Rights of the Child defines corporal punishment as "any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light". Such punishments commonly range from hitting a child with a hand such as smacking, slapping, spanking, shaking, etc. or equipment such as a whip, stick, belt, etc. It may also include forcing children to stay in uncomfortable positions, belittling, humiliating or denigrating them, etc. Corporal punishment, commonly understood in the context of a teacher and student, also extends to caretakers in alternative care institutions such as orphanages, juvenile homes, foster care homes, hostels, etc. and parents. By virtue of the quasi-parental authority they enjoy, they find themselves in the position to educate, and often, discipline the child using any means they see fit. Under the garb of getting disciplined, children are punished. Punishments, both violent and non-violent, have gruesome impact upon the mental and physical well-being of a child. The UNICEF has found that around 60 per cent. of children between 2 to 14 years of age experience corporal punishment at the hands of their caregivers. The World Health Organization has found that corporal punishment defeats the goals it sets to achieve, by triggering harmful psychological and physiological responses. Apart from the obvious physical harms caused due to violent or strenuous punishment, such children are far more likely to experience issues such as depression, anxiety low self-esteem, alcohol and drug dependency, feelings of hostility, delinquency and increased aggressiveness, all of which continue to into adulthood. Article 39(e) and 39(f) of the Constitution of India direct the State to ensure that the tender age of children is not abused and they are allowed to develop in a healthy manner and in conditions of dignity. Article 21 of the Constitution further guarantees to all a life of dignity, one that is robbed from victims of corporal punishment, who have to go through physical violence and denigration, that is most often public. The Committee on the Rights of the Child has iterated by way of General Comment No. 8 that upholding the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment is an obligation of all State Parties to the Convention on the Rights of the Child, India being one of them. While many statutes at present attempt to abolish corporal punishment, there exists a lacuna, leaving sections 88 and 89 of the Indian Penal Code, 1860 as the only applicable law. Section 17 of the Right of Children to Free and Compulsory Education, 2009 makes corporal punishment, both physical and mental, a punishable offence but applies only to children ages 6 to 14 years. This means that all children are not being equally protected against corporal punishment, violating Article 14. The Guidelines for Eliminating Corporal Punishment in Schools released by the National Commission for Protection of Child Rights also acknowledge the contribution of Sections 88 and 89 in enabling corporal punishments. In many cases such as M. Natesan vs. State of Madras and Anr. AIR 1962 Mad. 216, Ganesh Chandra Saha vs. Jiw Raj Somani AIR 1985 Cal. 32, Abdul Vaheed vs. State of Kerala 2005 CriLJ 2054, these sections have been utilized by teachers to escape the liability of corporal punishment. Such a benefit has also been extended to teachers in the recently concluded case of Ambika S. Nagal vs. State of Himachal Pradesh CRMMO No. 331 of 2018. The objective of this Bill is, therefore, to protect our children from corporal punishments, by taking away the immunity that Sections 88 and 89 of the Indian Penal Code, 1860 grant toSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95 its perpetrators. It is only by doing so the responsibility of taking necessary precautions to ensure that no child is subjected to any physical or mental harassment and is disciplined only through positive engagement that is cast on the State by the National Policy for Children 2013 and the Draft National Plan of Action for Children, 2016 can be fulfilled completely. Hence this Bill. NEW DELHI; APARUPA PODDAR February 16, 2022.96 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 215 OF 2019 A Bill to provide for the constitution of a Commission for the formation of a separate State of Vidarbha by reorganization of the existing State of Maharashtra and for matters connected therewith. BE it enacted by Parliament in the Seventieth year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Commission for the Formation of the State of Vidarbha commence- Act, 2019. ment. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) “prescribed” means prescribed by rules made under this Act; and (b) “Vidarbha” includes the districts of Chandrapur, Gadchiroli, Wardha, Nagpur, Bhandara, Gondia, Washim, Akola, Buldhana, Yavatmal and Amravati in the State of Maharashtra.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97 3. The Central Government shall, by notification in the Official Gazette, constitute a Commission Commission to study and report on the formation of a separate State of Vidarbha by for the formation of a reorganization of the existing State of Maharashtra. separate State of Vidarbha. 4. (1) The Commission shall consist of:— Composition of the (i) a retired judge of the Supreme Court who shall be the Chairperson; and Commission. (ii) four Members having at least ten years experience in the field of social service in the Vidarbha region or having special knowledge in the field of regional development, who shall be appointed in such manner as may be prescribed. (2) The salary and allowances payable to, and other terms and conditions of service of the Chairperson and members of the Commission, shall be such as may be prescribed by the Central Government. (3) The Commission shall have its office at Nagpur in the State of Maharashtra. (4) The Central Government shall provide such number of officers and staff to the Commission as are required for its efficient functioning. 5. (1) The Commission shall complete its work within a period of one year from the date Term of the of its first sitting. Commission. (2) After the completion of its work, the Commission shall submit a report to the Central Government. 6. (1) The Commission shall perform such functions with regard to formation of a Functions of separate State of Vidarbha as may be assigned to it by the Central Government. the Commission. (2) Without prejudice to the generality of the foregoing provision, the Commission shall also consider the following:— (i) allocation of assets to the proposed State of Vidarbha; (ii) allocation of Government employees and officers to the proposed State of Vidarbha; (iii) delimitation of constituencies for elections to the House of the People and State Legislative Assemblies; and (iv) allocation of water and natural resources to the proposed State of Vidarbha. 7. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, pay to the Commission by way of grants such sums of money as the Central Government to provide Government may think fit for the purposes of this Act. adequate funds. 8. The Commission shall have the power to call upon and secure the assistance of any Power of the office or agency under the administrative control of the existing State of Maharashtra for Commission to call upon or carrying out the functions assigned to it under this Act. secure assistance. 9. (1) The Central Government may, by notification in the Official Gazette, make rules Power to make for carrying out the purposes of the Act. rules. (2) 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.98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The demand for a separate State of Vidarbha is getting strong due to continuous negligence of this region. The proposal for the State of Vidarbha was approved in 1918 by All India Congress Committee and reiterated again in 1928 at its National Session. The proposal for a separate State of Vidarbha for Marathi speaking people was also approved in the Madhya Pradesh Legislative Assembly in 1938. On 8 August, 1947 the then Marathi leaders agreed that two independent States for Marathi speaking people be formed under the Akola Pact. It was again reiterated under the Nagpur Pact on 28 September, 1953 in reference to reorganization of States. Under this Pact, funds and session for legal division at Nagpur in proportion of the population for the development of Vidarbha was decided to be called. The Fazal Ali Commission constituted in 1953 by the Central Government recommended for the creation of a separate State of Vidarbha in its State Reorganization Report (1955). The Commission have made it clear in its Report that the separate State of Vidarbha will be practically and financially viable. However, due to political considerations, the recommendation of the Fazal Ali Commission was not accepted, and in an effort to give a constitutional cover to the Nagpur Pact, the Constitution was amended in 1956 and article 371(2) was inserted in the Constitution. As per this constitutional amendment, equitable allocation of funds for development, arrangement of adequate facilities for technical education and vocational training, and providing adequate employment opportunities in services under the State Government, were made the responsibilities of the Governor in the State of Maharashtra and Gujarat. In 1960, the State of Maharashtra was created but the promises and assurances given at the time of inclusion of Vidarbha region in Maharashtra were not fulfilled. Due to continuous apathy shown for Vidarbha region by successive Government in Maharashtra, there has been least development in the region. Dr. Dandekar Committee, constituted in 1982, confirmed the losses to Vidarbha, and despite its recommendation to fulfil the aspirations for development of people of Vidarbha and allocate backlog fund, injustice is continued to be done to Vidarbha. Due to the diversion of funds allocated for the development of Vidarbha elsewhere and keeping the people of Vidarbha underdeveloped, the people of Vidarbha got annoyed with Maharashtra. The people of Vidarbha are of the opinion that the creation of a separate State of Vidarbha is the only solution to ensure development and prosperity of the region. Thus, honouring the highest desire of the people of Vidarbha, the Central Government needs to take necessary steps to bifurcate Maharashtra and form a separate State of Vidarbha. This Bill provides for constituting a Commission for formation of a separate State of Vidarbha. Hence this Bill. NEW DELHI; ASHOK MAHADEORAO NETE July 8, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 99 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the Constitution of a Commission for the formation of a separate State of Vidarbha. Clause 4 provides for the salary and allowances of the Chairperson and members of the Commission. Clause 7 provides for grant of adequate funds to the Commission by the Central Government. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of rupees twenty crore per annum would be involved. A non-recurring expenditure of about rupees five crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the provisions of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 221 OF 2019 A Bill to provide for unemployment allowance to all unemployed persons and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Unemployment Allowance Act, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "prescribed" means prescribed by rules made under this Act; and (b) “unemployed person" means a citizen of India above the age of eighteen years having no source of livelihood. Unemployment 3. (1) Every unemployed person shall be entitled to receive monthly unemployment allowance to allowance at such rate as may be prescribed, till the time he is gainfully employed. unemployed persons. (2) While fixing the rate of unemployment allowance, the Central Government shall take into account the age, educational qualifications, technical skills, physical disabilities and such other factors, as it may deem necessary: Provided that different rates of unemployment allowance may be prescribed for different categories of persons and for persons living in different States or parts of States. Central 4. The Central Government shall, after due appropriation made by Parliament by law in Government this behalf, provide adequate funds to the State Governments for the purpose of payment of to provide unemployment allowance to unemployed persons in the States. funds.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 101 5. (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) 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.102 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS There are a large number of unemployed persons in the country. Even after getting educational qualifications, a good number of youth are not getting gainful employment. It is, therefore, proposed that all unemployed youth shall be entitled to unemployment allowance till they get gainful employment. Hence this Bill. NEW DELHI; ASHOK MAHADEORAO NETE July 8, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 103 FINANCIAL MEMORANDUM Clause 3 of the Bill provides that every unemployed person shall be entitled to receive monthly unemployment allowance at such rate as the Central Government may fix after taking into consideration certain factors. Clause 4 provides that the Central Government shall provide adequate funds to the State Governments for payment of unemployment allowance to unemployed persons in the States. The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of about rupees one thousand crore will be involved as recurring expenditure per annum. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 5 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is, therefore, of a normal character.104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 202 OF 2019 A Bill further to amend the Forest Conservation Act, 1980. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Forest (Conservation) Amendment Act, 2019. Short title. Insertion of 2. After section 3B of the Forest (Conservation) Act, 1980, the following section shall 69 of 1980. new section be inserted, namely:— 3C. Clearance for "3C. Notwithstanding anything contained in sections 2 and 3, or any other law deforestation for the time being in force, when a forest land or any part thereof, is required for any for irrigation work relating to irrigation project, the clearance for the deforestation of the forest land projects by may be given by the District Collector in whose jurisdiction the forest area falls.". District Collector.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 105 STATEMENT OF OBJECTS AND REASONS The Forest Conservation Act, 1980 was enacted with a view to conserve forests and to protect environment and ecology. It is indeed a laudable initiative. But, the provisions in this Act come in the way of developmental work which are undertaken for the benefit of population at large. Any initiative, although it is very good, should not come in the way of development. Farmers depend upon irrigation for agricultural purposes. But irrigation projects are not being taken up because of the provisions of this Act. It is, therefore, proposed that irrigation projects shall be exempted from the purview of the Forest Conservation Act, 1980. NEW DELHI; ASHOK MAHADEORAO NETE July 8, 2019.106 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 239 OF 2019 A Bill to provide for compulsory training in cardiopulmonary resuscitation education in schools and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title 1. (1) This Act may be called the Compulsory Training of Cardiopulmonary Resuscitation and (CPR) in Schools Act, 2019. 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. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "automated external defibrillator" means a portable defibrillator designed to be automated for use by a person without substantial medical training who responds to a cardiac emergency; (c) "cardiopulmonary resuscitation or CPR" means a first aid technique which is a combination of rescue breathing and hands-only compressions of the chest for reviving an individual whose breathing or heartbeat has stopped;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 107 (d) "Committee" means the Committee on Compulsory Training of CPR in schools established under section 4; (e) "prescribed" means prescribed by rules made under this Act; and (f) "school" means any recognized school imparting education from Class 7th till Class 12th and includes— (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority. 3. (1) From such date, as the Central Government may, by notification in the Official Gazette, specify, but not later than the beginning of the 2020-2021 academic session, the Central shall, on the recommendation of the Committee, develop a model curriculum for mandatory training in cardiopulmonary resuscitation for school students from class 7th to 12th. (2) The appropriate Government shall ensure appointment of such number of teachers with such qualifications, as may be specified, for providing Compulsory Training of CPR in schools. 4. (1) The Central Government shall, within three months of the coming into force of Constitution this Act, by notification in the Official Gazette, constitute a Committee to be known as the of Committee on Committee on Compulsory Training of CPR in schools. Compulsory Training of (2) The Committee shall consists of— CPR. (i) Union Minister of Health and Family Welfare—Chairperson ex-officio; (ii) Union Minister of State for Health and Family Welfare—Vice-Chairperson; (iii) Secretary, Union Ministry of Health and Welfare—Member ex-officio; (iv) Secretary, Department of School Education and Literacy, Ministry of Human Resource Development—Member ex-officio; and (v) One representative each to be nominated by the Central Board of Secondary Education, Council for the Indian School Certificate Examinations and State Education Boards for Secondary and Higher Secondary Schools of the respective States—Members. (vi) Such number of members having special knowledge or experience in the fields of cardiology, medicine or CPR as the Central Government may deem fit. (3) The Central Government shall appoint such number of officers and staff as it considers necessary for the effective functioning of the Committee. (4) The salary, allowances and terms of conditions of services of officers and staff of the Committee shall be such as may be prescribed. (5) The Committee shall meet at such times and places and shall observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed: Provided that the Committee shall meet at least once every three months. 5. (1) The Committee shall,— Functions of the (a) make recommendations to the appropriate Government on the curriculum Committee. and syllabus for Training of CPR in schools from Class 7th to 12th;108 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) make recommendations to the appropriate Government regarding the class or category of students or educational institutions which shall be exempt from the provisions of this Act; (c) recommend to the appropriate Government the qualifications of teachers to be appointed in educational institutions for teaching CPR; (d) recommend curriculum for the use of automated external defibrillator in schools as a requirement within existing health or physical education courses; and (e) co-ordinate with the appropriate Government and the school authorities with a view to ensuring effective implementation of the provisions of this Act. (2) The recommendations given by the Committee under sub-section (1) shall be binding on the appropriate Government. De-recogni- 6. The appropriate Government shall de-recognize a school which does not comply tion of with the provisions of this Act, after giving such institution a reasonable opportunity of educational being heard. institutes for non- compliance of the provisions of the Act. Central 7. The Central Government shall, after due appropriation made by Parliament by law in Government this behalf, provide adequate funds to the State Governments for carrying out the purposes to provide of this Act. funds. Overriding 8. The provisions of this Act shall have effect notwithstanding anything inconsistent effect of the therewith contained in any other law for the time being in force. Act. Power to 9. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the purposes of this Act. (2) 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 109 STATEMENT OF OBJECTS AND REASONS In India, there has been a substantial growth in Heart diseases due to lack of physical activity, genetic predisposition, metabolic syndrome and unhealthy dietary habits. It is estimated that India accounts for sixty per cent of the world's heart disease burden which result in high-prevalence of diabetes mellitus, hypertension and coronary artery heart disease which may result in sudden cardiac arrest. In cases of a sudden cardiac arrest, the event can be reversed if the victim is administered cardiopulmonary resuscitation (CPR) immediately and can double or even triple their chances of survival. Mortality due to Sudden Cardiac Arrest is very high in India as compared to the developed countries—4280 per 1,00,000 population in India as compared to 60—151 per 1,00,000 in the USA. Due to lack of CPR Training, seventy per cent of victims who suffer cardiac arrest at home die and it is estimated that ninty per cent of victims of cardiac arrest outside the hospital die. In order to address the issue of high mortality after sudden cardiac arrest in our country, we need to train Indian population in CPR. Every Indian citizen can save life. This Bill seeks to conceptualize a law to make CPR training compulsory in schools so that one can help the fellow human being in case of a sudden cardiac arrest. CPR and first aid training are included as part of the school curriculum in England and 38 States in USA which are backed by legislation and make it mandatory to train school students in CPR. But, India still lacks a legislation to provide mandatory training of CPR in schools across the country. There is an imminent need to include CPR as a curriculum for students in order to create awareness about a life-saving practice which will be a big step towards expanding the knowledge of first aid which is currently given to students in schools. The Bill proposes to make it mandatory on the part of the appropriate Government to design a curriculum based on the recommendations of the Committee established under the Act which will be included as part of the syllabus for students studying in class 7th and onwards. The Committee will have a diverse representation from education boards and will also consist of subject experts in order to frame a comprehensive and holistic syllabus to impart mandatory training of CPR across schools of India. The need is to ensure that all schools in India incorporate basic first aid and CPR training as an integral part of their curriculum, providing high quality teaching materials on what to do in common emergencies, as well as direct training and support for teachers to enable them to deliver these skills in short, interactive first aid workshops. If children and young adults are equipped with these skills at an early age and within school, they will become lifelong advocates of first aid and make a huge difference within their families and their local community. Hence this Bill. NEW DELHI; SHRIKANT EKNATH SHINDE October 31, 2019.110 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for appointment of teachers for compulsory training of Cardiopulmonary Resuscitation in schools. Clause 4 provides for the appointment of officers and staff of the Committee. Clause 7 provides for disbursing adequate funds to the State Governments for carrying out the purposes of this Act. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. At this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the Consolidated Fund of India, if the Bill is enacted into a law. However, it is estimated that a recurring expenditure of about rupees fifty crore will be involved per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 111 BILL NO. 293 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title. 2. In article 84 of the Constitution, for clause (b), the following clause shall be substituted, Amendment namely:— of article 84. “(b) is, in the case of a seat in the Council of States, not less than twenty-five years of age and, in the case of a seat in the House of the People, not less than twenty-two years of age; and”. 3. In article 173 of the Constitution, for clause (b), the following clause shall be Amendment substituted, namely:— of article 173. "(b) is, in the case of a seat in the Legislative Assembly, not less than twenty-two years of age and, in the case of a seat in the Legislative Council, not less than twenty-five years of age; and”.112 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS One of the notable challenges in a Parliamentary democracy across the world is the low level of youth participation in political life. In recent years, many countries have been a sharp increase in their youth population and currently half the world's population of 7.4 billion is aged between twenty and forty-four. As per Census 2011, Youth (15-24 years) in India constitutes one-fifth (19.1 per cent) of India’s total population. India is expected to have 34.33 per cent share of youth in total population by 2020 and poised to become the youngest country in the world with an average age of 29 years. Forty-five million young people became eligible to vote as they turned eighteen years and were added to India’s electoral roll since 2014 according to 2018 data from the Election Commission. The young population of India makes increasing youth engagement in its representative democracy vital to advancing democratic development. The normative perspective entails that youth engagement is pivotal to ensuring inclusive participation and protecting fundamental political and democratic rights. In addition to the theoretical considerations and principle based approach for engaging youth in politics it is also important to acknowledge that youth engagement is about practical politics. The youth of India have grown up in different cultural, social, economic, political and, crucially, technological contexts to older generations and simply have different experiences, ideas and solutions to bring to the table. Young people remain marginalized from formal political processes due to specific age-related eligibility requirements in order to stand for office which represent a key barrier to youth representation in the decision- making positions within democratic institutions such as Parliaments. Article 84 (b) of Constitution provides that the minimum age for becoming a candidate for Lok Sabha election shall be twenty-five years. Similar provision exists for a candidate to the Legislative Assemblies vide article 173 (b) of the Constitution read with section 36 (2) of the Representation of Peoples Act, 1950. Barring United States, most major democracies either have eighteen or twenty-one years as the minimum age for contesting elections for Parliament or provincial legislatures. The minimum age in the UK is 18 years (reduced from 21 years in 2006). In France, the minimum age to contest for the lower house is 18 years and for the upper house is 24 years. In Israel it is 21 years, while in Germany and Australia 18 years. In Indonesia it is 21 years for the Lower House. In France and Iran, one can even become President of the country at the age of 18 years and 21 years respectively. The Bill proposes to amend article 84 and 173 to reduce the age for contesting elections to House of the People and State Legislature from 25 to 22 years and 30 to 25 years for Council of States and Legislative Council. This amendment will be a step in the right direction to not only engage and promote participation of young minds in politics but also open an avenue for the youth to be agents of change through political leadership. Young leaders will bolster our vibrant democracy with their ideas and innovative inputs. Hence this Bill. NEW DELHI; SHRIKANT EKNATH SHINDE November 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 113 BILL NO. 299 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title. 2. In the Seventh Schedule to the Constitution,— Amendment of the Seventh (i) in List II-State List, entry 6, shall be omitted; and Schedule. (ii) in List III-Concurrent List, offordable 47, the following entry shall be added, namely:— "47A. Public health, affordable healthcare and sanitation; hospitals and dispensaries.".114 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The healthcare market in India is expected to increase three fold to rupees 8.6 trillion (US$ 133.44 billion) by 2022 as we record 22-25 per cent growth in medical tourism. The Government's expenditure on the health sector has grown to 1.4 per cent in 2018-19 from 1.2 per cent in 2014. Under the National Health Policy, the Government of India is planning to increase public health spending to 2.5 per cent of the country's GDP by 2025. The hospitals and diagnostic centers attracted Foreign Direct Investment (FDI) worth US$ 6.09 billion between April 2000 and March 2019, according to data released by the Department of Industrial Policy and Promotion (DIPP). A High-level Group (HLG) on health sector constituted by the Fifteenth Finance Commission has recommended that the Constitution be amended to shift the subject of health from the State List to the Concurrent List. Recommendations made by the Finance Commission of declaring healthcare a right and shifting health to the Concurrent List are inherently linked and are favorable to the success of revolutionary public health schemes like Ayushman Bharat. These recommendations are also in line with the National Health Policy 2017, which aims at regulation, public sector strengthening, and adopting a rights-based approach to healthcare. On 2nd September 1949 during the framing of the Constitution, Sir K. V. Kamath had also moved an amendment to transfer Public Health from State to Concurrent List, which was subsequently negated by the Assembly. In the current Scheme of things, the Central Government spends under one-third of the total Government expenditure on health and in order to improve the dismal state of spending on public health, the Centre has to set up, both financially and programmatically which will require an enhanced role of the Centre. The same cannot be done until health is still a State subject. With the expansion of schemes like Pradhan Mantri Jan Arogya Yojana and increase on healthcare spending it is the need of the hour to accept the recommendations of Finance Commission for shifting health to the Concurrent List to ensure that along with more funds to be efficiently disbursed to the private sector, the Centre has some regulatory teeth as well. Considering that it is the Union that makes important contributions to the health sector, including framing of policy, health should be included in the Concurrent List of the Constitution for ensuring right to healthcare, on the lines of right to education, with major focus on primary and rural healthcare. The Bill proposes to make an amendment to the seventh Schedule to the Constitution List II-State List and List III-Concurrent List in order to transfer Public Health to the Concurrent List in view of the major role played by Central Government in matters of healthcare in India which is expected to be a booming market and will witness several disruptions on account of innovation and use of technology. Through inclusion in Concurrent List, it will be easier for both Central and the State Governments to administer public health programs more effectively. Hence this Bill. NEW DELHI; SHRIKANT EKNATH SHINDE November 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 115 BILL NO. 19 OF 2022 A Bill further to amend the Code of Criminal Procedure, 1973. 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 Code of Criminal Procedure (Amendment) Act, 2022. Short title and commencement. (2) It shall come into force at once. 2. In section 2 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Amendment Code),— of section 2. "(i) after clause (j), the following clauses shall be inserted, namely:— '(ja) "malicious prosecution" means instituting the prosecution complained of without any existing reasonable or probable cause;"; and (ii) after clause (x), the following clause shall be inserted, namely:116 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— '(xa) "wrongful prosecution" means malicious prosecution or prosecution instituted without good faith, which concluded in favour of the accused, and includes any of the following, namely:— (i) making or fabricating a false or incorrect record or document for submission; (ii) making a false declaration or statement before an officer authorised by law to receive as evidence when legally bound to state the truth that is to say by an oath or by a provision of law; (iii) otherwise giving false evidence when legally bound to state the truth that is to say by an oath or by a provision of law; (iv) fabricating false evidence for submission; (v) suppression or destruction of an evidence to prevent its production; (vi) bringing a false charge, or instituting or cause to be instituted false proceedings against a person; (vii) committing a person to confinement or trial acting contrary to law; (viii) acting in violation of any law in any other manner not specifically covered under (i) to (vii) above;" Insertion of 3. After Chapter XXVII of the Code, the following Chapter and sections thereunder new Chapter shall be inserted, namely:— XXVIIA. "CHAPTER XXVIIA Compensation to Persons Wrongfully Prosecuted. Application 365A. (1) An application seeking compensation for a wrongful prosecution may be for compensa- made:— tion. (a) by the accused person, who has sustained the injury; or (b) by any agent duly authorised by the accused person who has sustained the injury; or (c) where the accused person died either before or after the termination of the wrongful prosecution, by all or any of the heirs or the legal representatives of the deceased: Provided that where all the heirs or the legal representatives of the deceased have not joined in any such application for compensation, the application shall be deemed to have been made on behalf of and for the benefit of all the heirs and the legal representatives of the deceased. (2) Every application under sub-section (1) shall be filed, at the option of the applicant, either in the Special Court having jurisdiction over the area in which the wrongful prosecution occurred or the Special Court within the local limits of whose jurisdiction the applicant resides, in such form containing such particulars as may be prescribed. (3) In case of longer incarceration exceeding six months, the Special Court may, after providing an opportunity of being heard to the applicant and the other parties award interim compensation to the applicant, if so claimed, to facilitate his immediate rehabilitation, such compensation which shall not be less than twenty five thousand rupees but may extend upto rupees fifty thousand. (4) Every application for compensation under sub-section (1) shall be preferred within a period of two years from the date when acquittal attains finality: Provided that the Special Court may entertain the application after the expiry of the said period of two years but not later than three years, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 117 365B. Notwithstanding anything contained in any other law for the time being in force, Option regarding claims where an injury gives rise to a claim for compensation under this Chapter or through any for compensa- other remedy, the person entitled to compensation may claim such compensation under any tion in certain one of the remedies to the exclusion of other remedies provided under the Code. cases. 365C. (1) On receipt of an application for compensation made under section 365A, the Award of the Special Court shall, after giving notice of the application to the Central Government or the Special Court. concerned State Government, as the case may be, and after giving an opportunity of being heard to all the parties, hold aninquiry into the claimor as the case may be, into each of the claims of misconduct which lead to wrongful prosecution and/or the misconduct during the prosecution which made it wrongful and, may make an award determining the just and reasonable compensation, specifying the person or persons to whomit shall be paid, and shall also specify the amount which shall be paid by the Central or the State Government concerned, as the case may be, and may also direct the Central or the State Government concerned to proceed against the erring official in accordance with law. (2)The Special Court shall arrange to deliver copies of the award to the parties concerned, free of cost, within fifteen days fromthe date of such award. (3)The application made under section 365Ashall be disposed of within a period of one year from the date of receipt of the application: Provided that in case the application is not disposed of within the said period, the Court shall record the reasons in writing for not disposing of the application within the specified period. 365D. Where a Special Court allows a claim for compensation made under this Code, it Award of interest where may direct that in addition to the amount of compensation interest shall also be paid at the any claim is rate of six per cent per annumand from such date not earlier than the date of making the allowed. claimas it may specify in the award. 365E. While adjudicating the quantum of compensation or interest under section 365C Factors to be taken into or 365D, as the case may be, the Special Court shall take into consideration the following account by the financial and other factors, namely: Special Court. (i) seriousness of the offence; severity of the punishment; the length of incarceration; (ii) loss or damage to health; (iii) loss of income or earnings; (iv) loss or damage to property; (v) legal fees and other consequential expenses resulting from the wrongful prosecution; (vi) loss of family life; (vii) loss of opportunities (of education, of possibilities of livelihood, future earning abilities, skills); (viii) stigmatization that is harm to reputation or similar damage; (ix) psychological and emotional harm caused to accused and his family; (x) such other factors which the Special Court considers necessary as regards the claim in furtherance of justice. 365F. Notwithstanding anything contained in any other law for the time being in force, Removal of a person who is awarded compensation for wrongful prosecution under section 365C shall disqualification attaching to not suffer any disqualification on account of such prosecution or conviction. conviction..118 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Procedure and 365G. (1) For holding an inquiry under section 365C, the Special Court may, subject to powers of any rule to be made in this behalf, follow such summary procedures as it thinks fit. Special Court. (2)The Special Court, while adjudicating a claim under this Chapter, shall have the same powers as are vested in a civil court under Code of Civil Procedure, 1908, in respect of the following matters, namely:— (i) the summoning and enforcing the attendance of any party or witness and examining the witness on oath; (ii) the discovery and production of any document or other material object producible as evidence; (iii) the reception of evidence on affidavits; (iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source; (v) issuing of any commission for the examination of any witness; (vi) any other matter which may be prescribed. (3) Subject to the provisions of this Chapter, a Special Court shall, for the purpose of the adjudication of a claim under this Chapter, have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed and shall adjudicate upon such a claim as if it were a Civil Court. Appeals. 365H. (1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Special Court may, within a period of ninety days from the date of the award, prefer an appeal to the High Court. (2) No appeal by the person, who is required to pay any amount in terms of such award, shall be entertained by the High Court, unless he has deposited with it twenty five thousand rupees or fifty per cent of the amount so awarded, whichever is higher, in the manner as may be prescribed. (3) The High Court may entertain an appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (4) No appeal shall lie against an award of a Special Court if the amount awarded is less than fifty thousand rupees. Power to make 365I. (1) The Central Government or as the case may be the concerned State Government, rules. by notification, make rules for the purpose of carrying out the purposes of this Chapter. (2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) the form of making application for claims for compensation and the particulars it may contain, to be paid in respect of such applications under sub-section (2) of 365A; (b) the procedure to be followed by a Special Court in holding an inquiry under sub-section (1) and the powers vested in a Civil Court which may be exercised by a Special Court under clause (vi) of sub-section (2) of section 365G; (c) the form and the manner of the payment of amount for preferring an appeal against an award of a Special Court under sub-section (2) of section 365H; (d) any other matter which is considered necessary.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 119 (3) Every rule made by a State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature. Explanation 1.—For the purpose of section 365A and 365B, "injury" means any harm caused to any accused, of body, mind, reputation or property, actual or as a probable result of the wrongful prosecution. Explanation 2.—For the purpose of sections 365A, 365B, 365C, 365D, 365E, 365F and 365 I, "compensation" includes pecuniary or non-pecuniary compensation, or both; whereas the non-pecuniary compensation includes counselling services, mental health services, vocational or employment skills development, and such other services or assistance that the accused may require to facilitate re-integration into society.".120 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The National Crime Records Bureau's (NCRB) annual statistical report called the "Prison Statistics India" 2015, there were 4,19,623 prisoners across the country. Out of which, 67.2 per cent. i.e. 2,82,076 were undertrials (i.e. people who have been committed to judicial custody pending investigation or trial by a competent authority) being substantially higher than the convicted population i.e. 1,34,168 (32.0 per cent.). Such large number of undertrials (more than the number of convicts) year after year and their long detention periods show that undertrials spent a substantial period of time awaiting trials or judicial determination of their case. The delay and waiting becomes a graver miscarriaage of justice when the person is wrongfully accused and incarcerated pending trial/proceedings, which he should not have been subjected to in the first place. One of the gravest instances of miscarriage of justice resulting in an extremely long wrongful incarceration was in the case of Mohd. Jalees Ansari & Ors. Vs. Central Bureau of Investigation, where the accused was booked under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) for bomb blasts in five trains in Mumbai (December 1993). Subsequently, after a "confession," he was sent to a prison, where he spent the next twenty-three years. In 2016, the matter reached the Supreme Court, where the Apex court, overturning the TADA courts decision, ruled that the confession which was taken in police custody and formed the basis of the conviction did not have legal sanction and was inadmissible. And, after suffering through twenty-three long years of wrongful incarceration, he was exonerated of all charges. Article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) read with the General Comment 32 of the United Nations Human Rights Committee, dealing with miscarriage of justice, requires that the victims of proven cases of such miscarriage to be compensated "according to law". Many countries including the United Kingdom, the United States, and Germany have converted this commitment into law, where the State has assumed statutory responsibility for compensating the victims of such miscarriage of justice. India has ratified ICCPR in the year 1968 (with certain reservations) but is yet to comply with its obligations and enact a legislation laying down the law for compensation of the victims of this miscarriage of justice. However, by virtue of judicial decisions, compensation was recognised as a remedy for redressal of miscarriage of justice resulting in violation of right to life and personal liberty including wrongful prosecution; albeit under public law as a claim of constitutional tort against the State, to be filed in the Constitutional Courts i.e. the Supreme Court and the High Courts. Despite the above, under the current set of remedies, claim and grant of compensation for the said miscarriage of justice still remains complex and uncertain. Under public law, a violation of fundamental rights due to police and prosecutorial misconduct can invoke State liability but the amount and payment of compensation remains arbitrary and lacks transparency. In Babloo Chauhan @ Dabloo Vs. State Government of NCT of Delhi, the High Court of Delhi, vide its order dated 30 November 2017, specifically called for the Law Commission of India to undertake a comprehensive examination of issue of "relief and rehabilitation to victims of wrongful prosecution, and incarceration". The Law Commission in its 277th Report recommended specific legal provision for redressal of cases of miscarriage of justice resulting in wrongful prosecution-covering both the substantive and procedural aspects. The proposed Bill, therefore, seeks to provide a legislative framework for redressal of harms inflicted by wrongful prosecution arises on many counts one of the most important being that the injustice caused to the innocents needs to be redressed within the framework of rights and not ex-gratia by the State. The Bill also seeks to establish a legislative process to provide a transparent, uniform efficatious, affordable and timely remedy for the loss and harms inflicted on the victims on account of wrongful prosecution. Hence this Bill. NEW DELHI; T. SUMATHY (A) THAMIZHACHI THANGAPANDIAN January 21, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 121 PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117(1) AND 117(3) OF THE CONSTITUTION ———— [Copy of Letter No. 8/3/2021-Judl. Cell-I dated 26 March, 2021 from Shri G. Kishan Reddy, Minister of State in the Ministry of Home Affairs to the Secretary General, Lok Sabha]. The President, having been informed of the subject matter of the Code of Criminal Procedure (Amendment) Bill, 2021* (Amendment of section 2, etc.) by Dr. T. Sumathy (A) Thamizhachi Thangapandian, M.P., recommends under articles 117(1) and 117(3) of the Constitution for introduction and consideration of the Bill, respectively, in Lok Sabha. ———— FINANCIAL MEMORANDUM Clause 3 of the Bill vide proposed section 365C provides for award of compensation to persons convicted of wrongful prosecution by the Special Court which shall be charged on the Consolidated Fund of India. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is likely to involve an annual recurring expenditure of about rupees fifty crore from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 3 of the Bill vide proposed section 365I provides for the Central Government or the State Government to make rules regarding the form of making application for claims of compensation and the particulars it may contain, procedure to be followed by a Special Court in holding an inquiry and the form and the manner of the payment of amount for preferring an appeal against an award of a Special Court, etc. As the rules will relate to matters of detail only, the delegation of power is of a normal character.122 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 316 OF 2019 A Bill to provide for the protection and welfare of fishermen in the country by establishing a welfare Fund for their benefit and for matters connected therewith and incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Fishermen Welfare Fund Act, 2019. extent and (2) It extends to the coastal States of India. commencement. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 123 2. In this Act, unless the context otherwise requires, — Definitions. (a) "administrator" means an administrator appointed under section 6; (b) "appropriate Government" means in the case of a State the Government of that State and in other cases the Central Government; (c) "accident" means an accident caused during the course of fishing; (d) "coastal hazards" refer to disasters that cause damage to life and property in the coastal areas and include natural disasters like sea storms, cyclones, tsunami, flooding and man-made disasters such as marine oil spills; (e) "fisherman" means person of any gender who earns his livelihood by catching fish from the fisheries and whose only source of income is the money he earns from selling such fish; (f) "partial disablement" refers to such disablement which reduces the working capacity of a fisherman which he was capable of having before the accident; (g) "total disablement" refers to such disablement which incapacitates a fisherman for all work which he was capable of performing prior to the accident; and (h) "welfare fund" means the Fishermen Welfare Fund established under section 4. 3. The Central Government shall, as soon as may be, but within one year from the Formulation of commencement of this Act, formulate, in consultation with the Government of the States a National Policy for having substantial population of fishermen, a long-term national policy for the welfare of Fishermen. fishermen. 4. (1) The Central Government shall, by notification in the Official Gazette, establish a Establishment Fishermen Welfare Fund for the purposes of this Act. of Fishermen Welfare Fund. (2) The Central and State Governments shall contribute to the Fund in such ratio as may be prescribed after due appropriation. (3) Moneys received by way of donations from persons or body corporates shall also form the corpus fund of the Welfare Fund. 5. The Welfare fund established under section 4 shall be utilised for— Utilisation of the Fishermen (a) maintaining digital data of fishermen and their dependant family members; Welfare Fund. (b) Payment of disability allowance to fisherman who meets any accident or suffers due to coastal hazards; (c) payment of adequate compensation to a fisherman's family whose death is caused by accident; (d) payment of adequate compensation to fishermen families for the damage caused by coastal hazards; (e) rehabilitation measures for fishermen and their families affected by coastal hazards; (f) financial assistance to the fishermen for the purchase or repair of fishing nets, boats and other necessary equipment for fishing; (g) financial assistance during lean periods; (h) payment of old age pension to fishermen who have attained the age of sixty years; (i) payment of monthly assistance to the family of fishermen caught by pirates or by security forces of other countries;124 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (j) provide adequate and hygienic marketing facilities to the fishermen for their catch; (k) provide subsidy for hatcheries for those fishermen who intend to setup shrimp/prawn farms; (l) establish adequate number of chill room facilities in fishermen areas; and (m) such other measures as the Central Government may deem necessary for the protection and welfare of fishermen and their families. Administrators 6. The Central Government shall, by notification in the Official Gazette, designate such to entertain number of Administrators as it may deem necessary, who shall entertain the claims for claims. payment of compensations under this Act. Fixation of the 7. Subject to the provisions of this Act, the amount of compensation payable to a Compensation. fisherman in case of an accident resulting in his partial or total disablement or death or in case of his sweeping away by the water currents or in case of damage caused to fishermen facilities and housing due to coastal hazards, shall be such as may be specified by the Central Government from time to time by notification in the Official Gazette. Compensation 8. In case of death of a fisherman, the compensation so fixed under section 7 shall be in case of paid to the spouse of the deceased or to his legal heir, as the case may be, and in case the Death. deceased being unmarried the compensation shall be paid to his parents. Emergency 9. The rehabilitation measures in case of fishermen affected by coastal hazards shall Assistance. include the following along with all other necessary actions:— (a) set up rehabilitation centres for the affected fishermen families with all the basic facilities including potable water, nutritious food and healthcare facilities; (b) restore the means of communication and warning systems; (c) special care has to be given to proper sanitation facilities; (d) providing and proper disposing of sanitary napkins; and (e) utilization of Welfare Fund to compensate the damage caused to life and property. Provisions to 10. (1) The Central Government shall secure earliest possible release of Indian fishermen get released caught by pirates or by security forces of other countries. from Foreign Captivity of (2) The families of such fishermen shall be given monthly assistance as mentioned in Indian section 5. Fishermen. Form of claim. 11. Every Claimant for payment of compensation under this Act shall apply to the Administrator in prescribed format giving such details as may be prescribed. Finalisation of 12. Every claim for compensation under this Act shall be finalised by the Administrator Claim. and payment of the compensation be made within thirty days of filing of the claim. Power to make 13. (1) The Central Government may, by notification in the Official Gazette, make rules rules. for carrying out the purposes of this Act. (2) 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 125 STATEMENT OF OBJECTS AND REASONS The fishery sector has witnessed serious crises during the last decade owing to its limitations to adjust to the changing environment. It is facing multiple problems like lack of finance, lack of storage facilities, lack of awareness of market information, low level of education among fishermen, inadequate income, lack of alternative profitable occupation for them, losses caused by natural calamities like sea storms, cyclones, tusnami, flooding etc. and man-made disasters like marine oil spills. In Andhra Pradesh alone there are lakhs of such families who survive on fishing and are doing it from generations. However, the fishermen and their families live in abject proverty whereas the middleman, wholesalers and retail traders of fish are flourishing at their cost as the sea food is becoming popular worldwide. Sea products are very much in demand but the status of fishermen has remained the same. Many of the fishermen are carried away by water currents particularly during storms and cyclones or get drowned during fishing or receive injuries leading to partial or total disablement or get caught by pirates and foreign security forces. The disablement or death of a fisherman ruins his family who remain at the mercy of fate alone. The fishermen and their families are also vulnerable to coastal hazards and suffer huge losses due to it. There is a long pending demand of a Fishermen Welfare Fund for the protection and welfare of fishermen and their families. Hence this Bill. NEW DELHI; RAM MOHAN NAIDU KINJARAPU November 5, 2019.126 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM The Clause 4 of the Bill provides welfare for the establishment of a Fishermen Welfare Fund. The Fund shall be utilized for various measures provided under this Clause 5 for protection and welfare of fishermen families. The Clause 9 provides for emergency assistance to fishermen families affected by coastal hazards. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It would involve a recurring expenditure of about rupees ten thousand crore per annum. A non-recurring expenditure of rupees five thousand crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION The clause 13 of the Bill empowers the Central Government to make rules for carrying out the purpose of the Bill. 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 127 BILL NO. 282 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title. 2. In article 51A of the Constitution, after clause (k), the following clause shall be Amendment of inserted namely:— article 51A. “(1) to value and promote the ideals and philosophy of our great leader Mahatama Gandhi.”.128 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS On the occasion of Mahatma Gandhi's 150th birth anniversary, his philosophy and ideals remain more relevant than ever. "All my actions have their rise in my inalienable love of mankind........ I have known no distinction between relatives and strangers, countrymen and foreigners, white and coloured, Hindus and Indians of other faiths ..... I have ceased to hate anybody". This, in brief, sums up Gandhi's philosophy of life. Gandhi Ji has been regarded as the 'Father' of the nation. He was the most influential and revered of all the leaders who participated in the freedom struggle. He awakened the inner strength of people and inspired them to bring the change themselves. The post-truth world has made Gandhian principles even more relevant today, Gandhi's Ram Rajya has no place for poverty, hatred, inequality, crime against women and the social evils which hinder the growth of our motherland. Gandhian principles of peace, non-violence, tolerance and harmony must be adopted by every Indian so as to close the fault lines that exist in our country. Gandhian principles are the essence of Indianness and hence it is the fundamental duty of every Indian to respect and follow them. It is not possible to imagine India without Gandhi. Various programmes and policy action like 'Swachh Bharat', 'Make in India', 'Sansad Adarsh Gram Yojana' and 'National Rural Employment Gurantee Act' are based on the sacrosanct Gandhian philosophy. We, as parliamentarians, owe him the duty to preserve and promote the ideas of Ahimsa and Satyagraha among the countrymen. It is time we honor his wishes and give him the respect he deserves. Hence this Bill. NEW DELHI; RAM MOHAN NAIDU KINJARAPU November 7, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 129 BILL NO. 100 OF 2021 A Bill to provide for compulsory teaching of sex education in educational institutions and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the Compulsory Teaching of Sex Education in Educational Short title and Institutions Act, 2021. 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. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "Advisory Council" means the Advisory Council for Sex Education constituted under section 5; (b) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (c) "educational institution" means a school imparting education to children at primary, middle, secondary or a senior secondary level, recognized by the appropriate Government or established under an Act of the Central Government or a State Government;130 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (d) "LGBTQI community" means lesbian, gay, bi-sexual, transgender, queer, intersex community; (e) "prescribed" means prescribed by rules made under this Act; and (f) "sex education" includes education related to contraception, sexuality, menstrual cycle, gender identity, consent and awareness about sexual abuse, developing awareness around sexual health, female reproductive health and hygiene, gender sensitisation, awareness about sex including awareness about pregnancies and other related issues, safe sex and diseases like Sexual Transmitted Disease (STD) and Human Immunodeficiency Virus (HIV) and such other topics as the Advisory Council may deem appropriate for the purposes of this Act. Compulsory 3. From such date, as the Central Government may, by notification in the Official teaching of Gazette specify, sex education shall be taught as a compulsory subject in all educational sex education institutions from such class onwards as may be determined by the Central Government on in educational institutions. the recommendations of the Advisory Council constituted under section 5. Appropriate 4. The appropriate Government shall, within six months of issuance of the notification Government to under section 3 or from the upcoming academic year after the issuance of the notification issue directions under section 3, issue directions for compulsory teaching of sex education in all educational for compulsory institutions within its jurisdiction. teaching of sex education in educational institutions. Constitution of 5. (1) The Central Government shall, within one month of the coming into force of Advisory this Act, by notification in the Official Gazette, constitute an Advisory Council for Sex Council. Education. (2)The Advisory Council shall consist of— (a) Secretary, Department of School Education and Literacy, Union Ministry of Education- ex-officio Chairperson; (b) Chairperson of the Central Board of Secondary Education, or any member of the Board nominated by the Chairperson on his behalf—ex-officio member; (c) Director of the National Council for Educational Research and Training or any member of the Council nominated by the Director on his behalf—ex-officio member; (d) Chairperson of the National Council for Teacher Education or any member of the Council nominated by the Director on his behalf—ex-officio member; and (e)three eminent persons, having special knowledge or practical experience in the field of education to be appointed by the Central Government in such manner as may be prescribed—members. (3)The salary and allowances payable to, and other terms and conditions of service of members appointed under clause (e) of sub-section (2) shall be such as may be prescribed. Functions of 6. (1) The Advisory Council shall make recommendations to the appropriate Advisory Government with a view to ensure that through sex education,— Council. (a) the issues of gender-based violence, sexual abuse and gender inequality are root out from the society; (b) respect for diversity and gender equality is encouraged; and (c) critical thinking is encouraged to build a strong foundation for lifelong sexual health of the child. (2) Without generality of anything contained in sub-section (1), the Advisory Council shall:—SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 131 (a) recommend to the Central Government the syllabus of sex education for each class up to senior secondary level; (b) recommend to the Central Government the class from which onwards the sex education shall be taught in educational institutions; (c) recommend to the appropriate Government the measures to increase awareness about women's body rights, children rights and for prevention of children's sexual abuse in the educational institutions; (d) recommend to the appropriate Government the measures to impart gender sensitization lessons and workshops in schools and to decrease stereotypes related to gender roles; (e) recommend to the appropriate Government the measures to increase awareness about LGBTQI community and their rights amongst children in the educational institutions; (f) recommend to the appropriate Government the qualifications of teachers to be appointed in educational institutions for teaching sex education; (g) recommend to the appropriate Government, the institutions which may be given recognition for training teachers in sex education for the purpose of their appointment and teaching in educational institutions; and (h) co-ordinate with the appropriate Government, educational institutions and authorities for ensuring effective implementation of the provisions of this Act. 7. The appropriate Government shall ensure appointment of such number of teachers Appointment with such qualifications, as may be necessary, for teaching sex education in educational of teachers. institutions. 8. The appropriate Government shall conduct annual teachers' training programme Provision of with a minimum of two psychologists and child counsellors per school on relevant issues teachers' relating to sex education. training. 9. The appropriate Government shall derecognize such educational institutions, which Derecognition do not comply with the provisions of this Act, after giving such institutions a reasonable of schools for non-compliance opportunity of being heard. of the provisions of the Act. 10. The Central Government shall, after due appropriation made by law by Parliament Central in this behalf, provide adequate funds to the States for carrying out the purpose of this Act. Government to provide funds. 11. The provisions of this Act shall have effect notwithstanding anything inconsistent Act to have therewith contained in any other law for the time being in force. overriding effect. 12. (1) The Central Government may, by notification in the Official Gazette, make rules Power to make for carrying out the purposes of this Act. rules. (2) 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.132 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Sex education is often held as a taboo and the large section of the indian society has a stigma against it. However, the ancient Indian society was much progressive and advanced in imparting sex education through sculptures like sculptures in Khajuraho, Badami and Virupaksha temples and through literature like Kama Sutra, Ananga Ranga and Rati Rahsya. In today's time, educational institutions don't have any form of sex education in their curriculum and there are still very little attempts taken by them to incorporate it in the curriculum. Currently, sex education is limited to creating awareness about AIDS and Sexually Transmitted Diseases (STDs), which is not sufficient. Sex education is necessary for respect for women, safety, family planning and prevention of sexual transmitted diseases. A child's first experience outside his house is at his school. It is, therefore, responsibility of the schools to empower young people with accurate, age appropriate and culturally relevant information and to promote healthy attitudes and develop skills to enable them to respond to real life situations in positive ways. Sex education must be incorporated in the school curriculum in non-judgemental and non-stigmatized manner and should be in the simplest and most understandable medium. National Education Policy, 2020 is a progressive step for imparting quality education but it is missing out on sex education and therefore, the policy is incomplete. The Government has launched "Beti Bachao, Beti Padhao" campaign but it is the need of the hour to launch " Beta Padhao, Beti Bachao" campaign to teach the boys of our country about body rights, gender rights and about gender equality so the girls of our country can feel safer. Moreover, India is also signatory to International Conference on Population and Development (ICPD) Programme of Action, 1994 and so the country is obligated to provide free and compulsory comprehensive sex education. The need is not just to help the nation and fulfil its obligation, but it will also be a reformative step in making Indian education system advanced and progressive. The Bill, therefore, seeks to provide compulsory sex education in all educational institutions in order to make it a part of school curriculum. Hence this Bill. NEW DELHI; RAM MOHAN NAIDU KINJARAPU March 8, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 133 FINANCIAL MEMORANDUM Clause 5 of the Bill provides for constitution of Advisory Council for Sex Education by the Central Government. It also provides for appointment of eminent persons, having special knowledge or practical experience in the field of education by the Central Government. Clause 7 provides for appointing teachers by appropriate Governments in educational institutions to teach sex education. Clause 8 provides for conducting training for teachers of sex education from time to time. Clause 10 provides for adequate funding by the Central Government. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of rupees one hundred crores will be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees fifty crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 12 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of normal character.134 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 44 OF 2020 A Bill to provide special financial assistance to the Government of the State of Rajasthan to meet the costs of repair, renovations, rejuvenation, preservation and protection of water bodies in the State of Rajasthan. BE it enacted by the Parliament in the Seventy-first Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Special Financial Assistance for Protection of Water commencement. Bodies in the State of Rajasthan Act, 2020. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires:— (a) "aquatic ecosystem" means all organic and inorganic matter and all living organisms living in or located in or on water or the beds or shores of a water body;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 135 (b) "drain" includes gutters, wastewater canals, sewers and all outlets or flow of waste water including overflow of rainwater; (c) "ground water" means all water under the surface of the ground, whether in solid or liquid form; (d) "water" means all surface water and ground water, whether solid or liquid form; and (e) "water body" means a body of flowing or standing water, whether natural or artificial and whether the flow or presence of water is continuous, intermittent or occurs only during a flood, including but not limited to lake, river, creek, stream, tank, well, pond and wetland. 3. The State Government of Rajasthan shall inform the Central Government:— State Governments (a) about the existence of water bodies in the respective State; and to inform the Central (b) requirement of financial assistance to protect the water bodies in the State. Government. 4. The State Government of Rajasthan shall, before informing the Central Government Power of State under section 3, make the regulation for the purpose of:— Governments to make (a) designating any area as a water quality control zone for the purpose of regulations. protecting water, aquatic eco-system or drinking water source; (b) governing, regulating or prohibiting any use or activity in a water quality control zone or any part of a zone; (c) improving the drainage and sewerage system; (d) ensuring clear separation between sewerage/waste water and sources of clean water to avoid contamination; and (e) ensuring quick absorption or clear flow of rain water for conservation. 5. The State Government of Rajasthan shall, before informing to the Central State Government under section 3, take into consideration the scientific, intrinsic and other Government of Rajasthan information relating to:— to consider (a) the physical characteristics of land in the area, including its topography and the scientific, intrinsic and soil types; other (b) the ability of the soil or water in the area to assimilate nutrients and other information relating to pollutants; water bodies. (c) water bodies or groundwater in the area, including information relating to:— (i) the quality characteristics of the water; (ii) the susceptibility of the water to contamination or adverse changes in level; and (iii) the extent to which the water is undisturbed by human activity; (d) the area's aquatic ecosystems; (e) whether the area contains a source or a potential source, of drinking water; (f) whether the area supports species that are sensitive to alterations in water quality or quantity resulting from human activity; (g) whether the area provides habitat for endangered species; and (h) the perception of farmers and native inhabitants of the area regarding quality, quantity and prospects of water in a particular zone including:— (i) the possibilities of flood and/or water logging; and (ii) any other matter which the Government considers relevant.136 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Central 6. The Central Government shall render scientific and technical advice and assistance Government to the State Government of Rajasthan if so required to achieve the purposes of this Act. to render scientific and technical advice. Central 7. (1) The Central Government shall, after due appropriation made by Parliament by Government law in this behalf, provide financial assistance to the State Government of Rajasthan for to provide protection of water bodies and for promotion of rain harvesting and watershed management financial programmes. assistance to State (2) The Central Government before releasing the money shall ensure that State Government Government has complied with the provisions of this Act. of Rajasthan.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 137 STATEMENT OF OBJECTS AND REASONS The State of Rajasthan faces one of the greatest scarcity of water resources in the country. It has 13.88 per cent. of India's cultivable area, 5.67 per cent. of population and about 11 per cent. of country's livestock but it has only 1.16 per cent. of surface water and 1.70 per cent. of ground water. Thus Rajasthan is a State with about 10 per cent. of land area has only around 1 per cent. of country's water resources. Rajasthan is the driest State with nearly 70 per cent. (2/3rd) of the area classified as arid and semi arid region. The annual average demand in 2010 in the State was 31333.74 Million Cubic Meter (MCM) with an availability of 10448.59 MCM annual average surface water (having 75 per cent. dependability) and 10563.01 MCM of annual average ground water. Hence there is gap of around 30 per cent. in demand and availability. Moreover, groundwater availability in the State of Rajasthan is highly variable, depending on hydrological conditions. The limited ground water resources in the State of Rajasthan are increasingly being exploited for irrigation, industrial and domestic uses. Water is the most valuable natural resources of a country. However, the scarcity and supply of clean water is a major concern for the sustenance of human, animal, plant and ecology. The protection of water resources/water bodies available in the State of Rajasthan is an endless task to be completed by the Government. The major constraint in this regard is the lack of financial resources available with the States. The Bill, therefore, seeks to provide financial assistance to the State of Rajasthan for the protection of water bodies and promotion of rain harvesting and watershed management programmes. Hence this Bill. NEW DELHI; C.P. JOSHI February 7, 2020.138 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 6 of the Bill provides for rendering of scientific and technical advice and assistance to the State Government of Rajasthan. Clause 7 provides for financial assistance to the State Government of Rajasthan for protection of water bodies, etc. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. As the sums of moneys which will be given to the State of Rajasthan as special financial assistance by appropriation by law made by Parliament will be known only after the plans to be implemented by the State Government of Rajasthan with the approval of Government of India as indentified, it is not possible at present to give the estimates of recurring expenditure, which would be involved out of the Consolidated Fund of India at this stage. No non-recurring expenditure is likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 139 BILL NO. 33 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. After article 338B of the Constitution, the following article shall be inserted, namely:— Insertion of new article 338C. "338C. (1) There shall be a Commission for the Women to be known as the National National Commission for Women. Commission for Women. (2)Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson and five other Members and the conditions of service and tenure of office of the Chairperson and other Members so appointed shall be such as the President may by rule determine. (3)The Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.140 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (4)The Commission shall have the power to regulate its own procedure. (5)It shall be the duty of the Commission— (a) to investigate and monitor all matters relating to the safeguards provided for the women under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (b) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (c) to make in such reports the recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of women; (d) to review, from time to time, existing provisions of this Constitution and other laws affecting women and to recommend amendments thereto so as to remove any deficiencies, inadequacies or defects in such laws; (e) to take up with the appropriate authorities the cases of violation of the provisions of this Constitution and other laws relating to women; (f) to conduct a special study or investigation into specific problems or situations arising out of discrimination and atrocities against women and to identify obstacles so as to recommend action plans for their removal; (g) to conduct research on promotion and education to suggest measures to: (i) ensure adequate representation of women in all fields; (ii) find out the factors responsible for hindering progress of women including lack of access to housing and basic services, inadequacy of supporting services and technology to reduce boredom and occupational health hazards and to increase the productivity of women; (h) to participate in and advise on the planning process for the socio-economic development of women; (i) to evaluate the progress of women's development under the Union and any State; (j) to inspect or conduct inspection of any prison, correctional homes, women's institution or other place of custody where women are kept as 40 prisoners or otherwise, and to take remedial action, if necessary, to interact with the concerned authorities; (k) to provide funds for litigation relating to issues affecting the majority of women; (l) to report, from time to time, to the President of any matter relating to women, and in particular the various difficulties under which women work; (m) to inquire into the complaints and, take suo motu cognizance on matters relating to: (i) deprivation of women's rights; (ii) non-implementation of the laws enacted to protect women and to serve the purpose of equality and development; and (iii) compliance with policy decisions, guiding principles or instructions for the purpose of mitigating the hardships of women and ensuring their welfareSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 141 and providing relief to them, and raising questions arising out of such matters to the appropriate authorities. (6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations. (8) The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (m) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major policy matters affecting Women.142 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Women constitute half of the total population of the country. Unless women progress and become empowered, self-reliant India cannot be imagined. Now it is the appropriate time to move beyond the development of women towards the development of the leadership by women. For this it is necessary that women get a safe and conducive environment. It is necessary that the National Commission for Women should be strong and empowered in order to work against the rapidly increasing crime against women and to solve their social, educational and economic development and other problems. If constitutional status is provided to the National Commission for Women, it will increase its powers. This will facilitate the National Commission for Women to present the issues related to women more effectively and will also have a say in the formulation of government policies. Hence this Bill. NEW DELHI; C.P. JOSHI January 18, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 143 FINANCIAL MEMORANDUM Clause 2 of the Bill provides, inter alia, that the National Commission for Women shall consist of a Chairperson and five other Members and the conditions of service and tenure of the office of the Chairperson and Members so appointed shall be such as the President may, by rule determine. The requirement of funds for the establishment cost of the aforesaid Members of the Commission as well as for the existing staff of the National Commission for Women, who shall stand transferred to the establishment of the National Commission for Women constituted under article 338C will be the same as is budgeted and allocated for the National Commission for Women. Accordingly, the Bill on enactment will involve expenditure of about rupees twenty-seven crore per annum, i.e. the annual budgetary allocation for 2021-22, from the Consolidated Fund of India. There shall be no one-time financial implication on account of creation of the National Commission for Women, since it will not only be taking on the existing staff strength of the National Commission for Women without any increment, but also utilise the same office premises that was being used by the National Commission for Women.144 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 60 OF 2022 A Bill to provide for special financial assistance to the State of Rajasthan to meet the expense of geo-mapping of trees and saplings during plantation in State of Rajasthan. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Special Financial Assistance for Geo-Mapping of commencement. Trees in the State of Rajasthan Act, 2022. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions 2. In this Act, unless the context otherwise requires,— (a) "Geo-mapping" means the process of converting raw data from surveys into a geo map that helps by providing a visualization of the location of utilities quickly and accurately; (b) "prescribed" means prescribed by rules made under this Act; (c) "sapling" means a young tree specifically one not over four inches (about 10 centimetres) in diameter at breast height; and (d) "tree" includes palm, skump, brush-wood and cane; Special 3. There shall be paid such sums of money out of the Consolidated Fund of India, financial 5 every year, as Parliament may by due appropriation provide, as special financial assistance assistance to to the State of Rajasthan to meet the costs of geo-mapping of trees and saplings during the State of Rajasthan. plantation in the State of Rajasthan.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 145 STATEMENT OF OBJECTS AND REASONS Rajasthan, according to geographical area, ranks 15th in terms of the Recorded Forest Areas (RFA), is a forest deficient State. As per the Champion and Seth Classification of Forest Types (1968), the forests in Rajasthan belong to two type groups i.e. Tropical Dry Deciduous and Tropical Thorn Forests which are further divided into 20 Forest Types. Situated in the north-western part of the country, the largest State of the country, Rajasthan covers an area of 3,42,239 sq km, which is 10.40 per cent. of the geographical area of the country. The State has 4 distinct regions namely, Western Desert with Barren Hills, Level Rocky and Sandy Plains, the Aravalli Hills and South-Eastern Plateau. The climate of the State varies from semi-arid to arid. Western part of the State, including Thar Desert (also known as The Great Indian Desert), is relatively dry and infertile whereas in the south-western part, the land is wetter, hilly, and more fertile. The average annual temperature ranges between 0°C to 50°C and the average annual rainfall is in the range of 500 mm. to about 750 mm. The State is drained by a number of rivers which include Banas, Chambal, Luni and Mahi. The State has 33 districts. As per the 2011 Census, Rajasthan has a population of 68.55 million accounting to 5.66 per cent. of India's population. The rural and urban population constitute 75.10 per cent. and 24.90 per cent. respectively. The population density is 200 per sq. km. which is much lower than the national average of 382 persons per sq. km. The 19th Livestock census 2012 has reported a total livestock population of 57.73 million in the State. Trees play many valuable roles in our lives. They sequester carbon, produce oxygen, fix nitrogen and help in controlling pollution. Trees play a role in cleaning the air. Properly located trees reduce the heating and cooling costs of buildings, as well as, contributing to more comfortable outdoor spaces. Trees reduce soil erosion and provide important habitat and food sources for animals including humans. Dead trees provide hunting perches for raptors and other birds. They can provide vital housing for many species of birds and animals. The Inter-Governmental Panel on Climate Change has estimated nearly 1 billion of hectares of trees are needed to reduce climate change to about 1.5OC. The challenge, however, is where to put those trees. A new study indicates that through geo-mapping of trees and sapling during plantation can identified the locations where new trees can be planted. It is, therefore, necessary that the Central Government should provide special assistance to the State of Rajasthan to meet the costs of geo-mapping of trees and saplings during the plantation in the State of Rajasthan. Hence this Bill. NEW DELHI; C.P. JOSHI February 1, 2022.146 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides that there shall be paid such sums of money out of the Consolidated Fund of India, every year, as Parliament may be due appropriation provide, as special financial assistance to the State of Rajasthan to meet the costs of Geo-Mapping of Trees and Saplings during the plantation in the State of Rajasthan, as may be undertaken by the State with the approval of the Government of India. The Bill, therefore, on enactment, will involve expenditure out of Consolidated Fund of India. As the sums of moneys which will be given to the State of Rajasthan as special financial assistance by appropriation by law made by Parliament will be known only after the plans to be implemented by the State Government with the approval of Government of India are identified, it is not possible at present to give the estimates of recurring expenditure, which would be involved out of the Consolidated Fund of India at this stage. No non-recurring expenditure is likely to be incurred from the Consolidated Fund of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 147 BILL NO. 206 OF 2019 A Bill to provide for special financial assistance to the State of Madhya Pradesh for the purpose of promoting the welfare of the Scheduled Castes, the Scheduled Tribes, persons belonging to the Other Backward Classes and agricultural labourers and for the development of infrastructure and for the exploitation and proper utilization of its resources. BE it enacted by Parliament in the SeventiethYear of the Republic of India as follows:— 1. (1) This Act may be called the Special Financial Assistance to the State of Short title and Madhya Pradesh Act, 2019. 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 paid such sums of moneys out of the Consolidated Fund of Special India, every year, as Parliament may by due appropriation provide, as special financial financial assistance to the State of Madhya Pradesh to meet the costs of such schemes of assistance to the State of development, as may be undertaken by the State with the approval of the Government Madhya of India for the purpose of:— Pradesh. (i) promoting the welfare of the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes; (ii) implementing welfare schemes aimed at improving the conditions of agricultural labourers; (iii) allocation of adequate funds for specific development projects; (iv) development of necessary infrastructure; and (v) development, exploitation and proper utilization of the resources in the State. 3. The provisions of this Act shall be in addition to and not in derogation of any other Act not in law to be made by Parliament or for the time being in force. derogation of other laws.148 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The State of Madhya Pradesh is socially and economically backward. Problem of poverty, unemployment and literacy are required to be addressed immediately. Besides, measures for proper utilization of resources, welfare of weaker sections and new development schemes are also required to be undertaken in a time-bound manner to solve the problem of backwardness in the State. It is, therefore, necessary that the Central Government should provide special financial assistance to the State of Madhya Pradesh for its all round development including the welfare of weaker sections and for the development and exploitation of its vast natural resources. Such a step of providing financial assistance to the State of Madhya Pradesh would go a long way in building a strong and vibrant nation. NEW DELHI; SUDHEER GUPTA July 29, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 149 THE SPECIAL FINANCIAL ASSISTANCE TO THE STATE OF MADHYA PRADESH BILL, 2019 BY SHRI SUDHEER GUPTA, M.P. [Copy of letter No. 42(22)/PF-S/2019-20 dated 7 October, 2019 from Shrimati Nirmala Sitharaman, Minister of Finance and Corporate Affairs, to the Secretary General, Lok Sabha]. The President, having been informed of the subject matter of the Special Financial Assistance to the State of Madhya Pradesh Bill, 2019 By Shri Sudheer Gupta, M.P., has recommended the consideration of the Bill by Lok Sabha under article 117(3) of the Constitution. ———— FINANCIAL MEMORANDUM Clause 2 of the Bill provides that there shall be paid such sums of money out of the Consolidated Fund of India, every year, as Parliament may by due appropriation provide, as special financial assistance to the State of Madhya Pradesh to meet the costs of such schemes of development, as may be undertaken by the State with the approval of Government of India. The Bill, therefore, if enacted, will involve expenditure out of the Consolidated Fund of India for providing special financial assistance to the State of Madhya Pradesh. As the sums of moneys which will be given to the State of Madhya Pradesh as special financial assistance by appropriation by law made by Parliament will be known only after the welfare schemes to be implemented by the State Government with the approval of Government of India are identified, it is not possible to give the estimates of recurring expenditure, which would be involved out of the Consolidated Fund of India at this stage. No non-recurring expenditure is likely to be incurred from the Consolidated Fund of India.150 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 15 OF 2020 A Bill to provide special financial assistance to the State Government of Madhya Pradesh to meet the costs of repair, renovations, rejuvenation, preservation and protection of water bodies in the State of Madhya Pradesh. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Special Financial Assistance for Protection of Water commencement. Bodies in the State of Madhya Pradesh Act, 2020. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 151 2. In this Act, unless the context otherwise requires,— Definitions. (a) "aquatic ecosystem" means all organic and inorganic matter and all living organisms living in or located in or on water or the beds or shores of a water body; (b) "drain" includes gutters, wastewater canals, sewers and all outlets or flow of waste water including overflow of rainwater; (c) "groundwater" means all water under the surface of the ground, whether in solid or liquid form; (d) "water" means all surface water and ground water, whether solid or liquid form; and (e) "water body" means a body of flowing or standing water, whether natural or artificial and whether the flow or presence of water is continuous, intermittent or occurs only during a flood, including but not limited to a lake, river, creek, stream, tank, well, pond and wetland. 3. The State Government of Madhya Pradesh shall inform the Central Government— State Governments (a) about the existence of water bodies in the State; and to inform the Central (b) requirement of financial assistance to protect the water bodies in the State. Government. 4. The State Government of Madhya Pradesh shall, before informing the Power of Central Government under section 3, make the regulation for the purpose of— State Governments (a) designating any area as a water quality control zone for the purpose of to make protecting water, aquatic eco-system or drinking water source; regulations. (b) governing, regulating or prohibiting any use or activity in a water quality control zone or any part of a zone; (c) improving the drainage and sewerage system; (d) ensuring clear separation between sewerage/waste water and sources of clean water to avoid contamination; and (e) ensuring quick absorption or clear flow of rain water for conservation. 5. The State Government of Madhya Pradesh shall, before informing the State Central Government under section 3, take into consideration the scientific, intrinsic and Government of Madhya other information relating to— Pradesh to consider the (a) The physical characteristics of land in the area, including its topography and scientific, soil types; intrinsic and other (b) the ability of the soil or water in the area to assimilate nutrients and other information pollutants; relating to water bodies. (c) Water bodies or groundwater in the area, including information relating to— (i) the quality characteristics of the water; (ii) The susceptibility of the water to contamination or adverse changes in level; and (iii) the extent to which the water is undisturbed by human activity. (d) the area's aquatic ecosystems; (e) whether the area contains a source or a potential source, of drinking water; (f) whether the area supports species that are sensitive to alterations in water quality or quantity resulting from human activity; (g) whether the area provides habitat for endangered species; and152 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (h) the perception of farmers and native inhabitants of the area regarding quality, quantity and prospects of water in a particular zone including— (i) the possibilities of flood and/or water logging; and (ii) any other matter which the Government considers relevant. Central 6. The Central Government shall render scientific and technical advice and assistance Government to the State Government of Madhya Pradesh if so required to achieve the purposes of this to render Act. scientific and technical advice. Central 7. (1) The Central Government shall, after due appropriation made by Parliament by law Government in this behalf, provide financial assistance to the State Government of Madhya Pradesh for to provide protection of water bodies and for promotion of rain harvesting and watershed management financial assistance to programmes. State (2) The Central Government shall, before releasing the money, ensure that the State Government of Madhya Government has complied with the provisions of this Act. Pradesh.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 153 STATEMENT OF OBJECTS AND REASONS Agriculture is the main stay of the people of Madhya Pradesh State. Water is essential for irrigation purposes, but its indiscriminate use can lead not only to shortages, but also to the deterioration of crop yields and soils. Ground water resource of a region is one of the building blocks for balanced economic development of the area, especially in an agriculture based society. Dependence on ground water for irrigation and increasing water requirements in urban areas in Madhya Pradesh has necessitated judicious and planned uses of ground water resource in order to reach sustainability. For proper planning and management of ground water development in a judicious and socio-economically equitable manner, assessment of ground water scenario is one of the most important prerequisites. Many parts of Madhya Pradesh are reeling under water crisis. In the year 2018, 132 tehsils in 18 districts are declared drought-hit. District in Chambal, Gwalior and Bundelkhand region are the worst-affected areas. Many rivers has gone dry, many shrunk to a dangerous level and there is a drastic fall in water table, due to which people in more than half of the State are not getting daily water supply. The situation is such in some parts that there is no water supply and the precious commodity is being transported by tankers. Water supply sources in 10 out of 16 municipal corporations have almost dried up. The situation is so grim that in 117 municipal bodies of the State, water is supplied once in two days and in 11 municipal bodies water is barely supplied twice a week. Moreover, groundwater availability in Madhya Pradesh is highly variable, depending on hydrological conditions. The limited ground water resources in Madhya Pradesh are increasingly being exploited for irrigation, industrial and domestic uses. Water is the most valuable natural resources of a country. However, the scarcity and supply of clean water is a major concern for the sustenance of human, animal, plant and ecology. The protection of water resources/water bodies available in the State of Madhya Pradesh is an endless-task to be completed by the Government. The major constraint in this regard is the lack of financial resources available with the States. The Bill, therefore, seeks to provide financial assistance to the State of Madhya Pradesh for the protection of water bodies and promotion of rain harvesting and watershed management programmes. Hence this Bill. NEW DELHI; SUDHEER GUPTA November 28, 2019.154 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 6 of the Bill provides for rendering of scientific and technical advice and assistance to the State Government of Madhya Pradesh. Clause 7 provides for financial assistance to the State Government of Madhya Pradesh for protection of water bodies, etc. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. As the sums of moneys which will be given to the State of Madhya Pradesh as special financial assistance by appropriation by law made by Parliament will be known only after the plans to be implemented by the State Government of Madhya Pradesh with the approval of Government of India as identified, it is not possible at present to give the estimates of recurring expenditure, which would be involved out of the Consolidated Fund of India at this stage. No non-recurring expenditure is likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 155 BILL NO. 74 OF 2022 A Bill to provide for special financial assistance to the State of Madhya Pradesh to meet the expense of geo-mapping of trees and sapling during plantation in State of Madhya Pradesh. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1)This Act may be called Special Financial Assistance for Geo-Mapping of Trees Short title and in the State of Madhya Pradesh 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. In the Act, unless the context otherwise requires,— Definitions (a) "geo-mapping" means the process of converting raw data from surveys into a geo-map that helps by providing a visualization of the location of utilities quickly and accurately; (b) "prescribed" means prescribed by rules made under this Act. (c) "saplings" means a young tree specifically one not over four inches (about 10 centimeters) in diameter at breast height; and (d) "tree" includes palm, skump, brush-wood and cane. 3. There shall be paid such sums of money out of the Consolidated Fund of India, Special every year, as Parliament may by due appropriation provide, as special financial assistance financial assistance to to the State of Madhya Pradesh to meet to costs of geo-mapping of trees and saplings during the State of plantation in the State of Madhya Pradesh. Madhya Pradesh.156 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Madhya Pradesh is a forest rich State and is ranked first among the States in terms of the Recorded Forest Areas (RFA). The State has sizeable tribal and rural population which is dependent on the forests for their livelihood and basic needs. As per the Champion and Seth Classification of Forest Types (1968), the forests in the State of Madhya Pradesh belong to five forest type groups, which are further divided into 21 Forest Types. The State of Madhya Pradesh is a pioneering State in the implementation of the Joint Forest Management (JFM) movement in the country. The State has a strong JFM network through 15,228 Joint Forest Management Committees (JFMC) Van Samrakshan Samiti (VSS), Eco Development Committees (EDC) covering an area of 66,874 sq. km. Located in Central India, Madhya Pradesh is the second largest State covering an area of 3,08,252 sq. km. which is 9.38 per cent. of the geographical area of the country and is bordered on the west by Gujarat, on the northwest by Rajasthan, on the north east by Uttar Pradesh, on the east by Chhattisgarh and on the south by Maharashtra. The State lies between 210 17' N to 260 52' N latitude and 740 08' E to 820 49' E longitudes. Physiographical, the State can be divided into four regions, viz. the low lying areas in north and north-west of Gwalior, Malwa plateau, Satpuda and Vindhyan Ranges. Madhya Pradesh has a subtropical climate. The annual rainfall ranges 800 mm to 1800 mm and the annual temperature varies from 220 C to 250C. The State is drained by a number of rivers, which include Narmada, Tapti, Son, Betwa, Shipra and Chambal. The State has 50 districts, of which 21 are tribal districts. The State does not have any hill district. As per the 2011 census, the State of Madhya Pradesh has a population of 72.63 million accounting to 6 per cent. of India's population. The rural and urban population stands at 72.37 per cent. and 27.63 per cent., respectively. Tribal population of the State is 21.09 per cent. The population density of the State is 236 per sq. km., which is much lower than the national average. The 19th livestock census 2012 has reported a total livestock population of 36.33 million. The Inter-governmental Panel on Climate Change has estimated nearly 1 billion of hectares of trees are needed to reduce climate change to about 1.50 C. The challenge, however, is where to put those trees. Anew study indicates that through Geo-Mapping of Trees and Saplings during plantation, locations can be identified where new trees can be planted. It is, therefore, necessary that the Central Government should provide special assistance to the State of Madhya Pradesh to meet the cost of geo-mapping of trees and saplings during plantation in the State of Madhya Pradesh. Hence this Bill. NEW DELHI; SUDHEER GUPTA January 29, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 157 FINANCIAL MEMORANDUM Clause 3 of the Bill provides that there shall be paid such sums of money out of the Consolidated Fund of India, every year, as Parliament may by due appropriation provide, as special financial assistance to the State of Madhya Pradesh to meet the costs of Geo-Mapping of Trees and Saplings during the plantation in the State of Madhya Pradesh. The Bill, therefore, on enactment, will involve expenditure out of Consolidated Fund of India. As the sums of moneys which will be given to the State of Madhya Pradesh as special financial assistance by appropriation by law made by Parliament will be known only after the plans to be implemented by the State Government with the approval of Government of India are identified, it is not possible at present to give the estimates of recurring expenditure, which would be involved out of the Consolidated Fund of India at this stage. No non-recurring expenditure is likely to be incurred from the Consolidated Fund of India.158 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 70 OF 2020 A Bill to prohibit the sale of Schedule-H Drugs without prescription of a registered medical practitioner to ensure medical safety and for matters connected therewith. BE it enacted by Parliament in the Seventy-first year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Regulation of Sale of Schedule-H Drugs Act, 2020. 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. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "e-pharmacy" refers to an online site or an interface selling medicinal drugs; (b) "prescribed" means prescribed by rules under this Act; and (c) "Schedule-H drug" means drugs mentioned in Schedule-H to the Drugs and Cosmetics Rules, 1945 as framed under the Drugs and Cosmetics Act, 1940. 23 of 1940.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 159 3. Notwithstanding anything contained in any other law for the time being in force, the Revision of Central Government shall, by notification in the Official Gazette, revise the Schedule-H Drugs Schedule-H drugs. into two categories, namely:— (a) "general drugs" which may be sold without any restriction; and (b) "drugs causing serious harm" which shall be sold with restrictions as imposed on Schedule 'X' drugs under the Drugs and Cosmetics Rules, 1945 as framed under the Drugs and Cosmetics Act, 1940. 23 of 1940. 4. The Central Government shall make it mandatory for pharmacies, medical shops Regulation of and e-pharmacies,— sale of Schedule-H (a) not to sell drugs causing serious harm under Schedule-H to any person drugs. without prescription of a registered medical practitioner in this behalf; and (b) to furnish appropriate bills to the customer purchasing Schedule-H drugs; (c) to preserve the prescription of registered medical practitioner, in case of,— (i) "general drugs" as mentioned under clause (a) of section 3 for one year; and (ii) "drugs causing serious harm" as mentioned under clause (b) of section 3 for two years. 5. The Central Government shall, by notification in the Official Gazette, constitute a Constitution body to impose punishment including fines and cancellation of licences of the pharmacies, of a body to regulate sale medical shops or e-pharmacies selling Schedule-H drugs without prescription of a registered of Schedule-H medical practitioner in such manner as may be prescribed. Drugs. 6. The provisions of this Act shall be in addition to and not in derogation of any other Act not in law for the time being in force. derogation of any other law. 7. (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) Every rule made 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 modifications, or annulment shall be without prejudice to the validity of anything previously done under that rule.160 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Schedule-H drugs are those medicines which contain a very high alcoholic influence. These are used to treat some serious diseases like heart diseases, anxiety disorders and other diseases. Restricted sale of antibiotics to check drug resitance is emerging as a serious health issue in the country. Resistance to antibiotics and an increase in drug resistant TB cases are cited as a result of improper prescription and consumption of antibiotics which are easily available. Strict measures would ensure that pharmacists do not take advantage of unawareness of consumers to drain profits from the sale of these drugs. It would also ensure that people do not take these drugs lightly and know the importance of medical advice. Having separate sets of antibiotics depending on the disease—mild ones for out-patient and emergency patients and strong and high-end antibiotics for those under intensive care will hopefully make sure that antibiotics are used judiciously so that resistance to commonly used antibiotics does not develop rapidly, and that the medicines are available for critically ill patients. It is definitely in the best interest of people to avoid consumption of harmful drugs until it's very necessary. The Bill, therefore, seeks to ban the sale of Schedule-H drugs without doctor's prescription to provide medical safety. Hence this Bill. NEW DELHI; RAHUL KASWAN January 20, 2020.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 161 FINANCIAL MEMORANDUM Clause 5 of the Bill provides for the constitution a body to impose punishment including fines and cancellation of licences of the pharmacies, medical shops or e-pharmacies selling drugs without prescription of a registered medical practitioners. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees Fifty Crores per annum would be involved from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 7 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matter of detail only, the delegation of legislative power is of a normal character.162 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 74 OF 2020 A Bill to provide for payment of minimum wages to private school teachers by school management and for matters connected therewith. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Payment of Minimum Wages (For Private School extent and Teachers) Act, 2020. commence- ment. (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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 163 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means, in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "prescribed" means prescribed by rules made under this Act; and (c) "private school" means an unaided recognized school, which is not run by the appropriate Government or its local authority or any other authority designated or sponsored by appropriate Government, and includes a pre-primary, primary, middle, higher secondary and senior secondary school and also other institutions which impart education or training below the degree level but does not include an institute which imparts technical education. 3. Notwithstanding anything contained in any other law for the time being in force or Payment of any judgement, decree or order of any court to the contrary, the minimum wages for private minimum school teachers shall be rupees ten thousand nine hundred and twenty per month. wages to private school teachers. 4. The minimum wages referred to in section 3 shall be revised by the appropriate Revision of Government, from time to time, according to increase in cost of living index in such manner as minimum may be notified by the Central Government: wages for private Provided that the appropriate Government shall, while reviewing the minimum wages, teachers by the take into consideration the minimum wages of highly skilled employees under the Minimum appropriate Wages Act, 1948. Government. 5. (1) The Central Government may make rules for carrying out the purposes of this Power to Act. make rules. (2) Every rule made by the Central Government 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 the rule.164 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Minimum Wages Act, 1948 is an Act of Parliament concerning Indian law that sets the minimum wages that must be paid to skilled and unskilled labours. Low salary, no maternity leave, no allowances, gender bias, irregularities in provident fund are some of the problems that many private school teachers face in their career. At present, the Government has limitations in involving in the administrative matters of unaided schools. A proper legislation can save teachers from this exploitation. Underlining the priority of the Government to strengthen the education system, this Bill stresses on the need to attract the best minds to the teaching profession. Minimum wages will ensure them basic pay and job security and will not make them prone to harassment in workplace by their supervisors. Ensuring minimum wages to teachers and head masters will increase their productivity in the work place and will encourage them to go out of their way to improve teaching methods. This will also eradicate higher wages to known or few of the teachers because of personal bias by the senior officials and will contribute to quality education in private, unaided schools. It is definitely in the best interest of everyone that teachers are not paid fees that minimum wages by school management in private, unaided, aided schools to ensure quality education. The Bill, therefore, seeks to ensure that the teachers of private and unaided schools are paid not less than minimum wages by the school management which is prescribed under the Minimum Wages Act, 1948 for skilled, semi-skilled and unskilled employees. Hence this Bill. NEW DELHI; RAHUL KASWAN January 20, 2020. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 5 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 165 BILL NO. 66 OF 2021 A Bill further to amend the Forest (Conservation) Act, 1980. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the Forest (Conservation) Amendment Act, 2021. 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. 69 of 1980. 2.In the Forest (Conservation) Act, 1980, after section 2, the following section shall Insertion of be added, namely: new section 2A. "2A. Notwithstanding anything in this Act or any other law for the time being in No clearing of force, the Central Government or a State Government or any other authority shall not forest land having permit the use, for any purpose, or clearing, of forest land or any portion thereof, if mangrove such land or portion thereof has naturally grown trees belonging to mangrove species.". species.166 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Forest Conservation Act of 1980 was enacted to provide for the conservation of forests. However, the Act is silent on mangrove forest cover area. As a matter of fact, area covered by mangroves currently is about 4921 square kilometer in India, which is nearly 3.3 per cent. of world mangrove vegetation. Mangrove forests are mostly found in the Andaman and Nicobar Islands and on the eastern and western coasts of India. India has lost about 45 per cent. of its mangrove areas in the last century. Mangrove ecosystems represent the natural ecosystem capable of producing a wide range of goods and services for coastal environments and communities and societies as a whole. Mangroves provide nursery habitat for many wildlife species, including commercial fish and crustaceans, and thus contribute to sustaining the local abundance of fish and shellfish populations. Mangrove systems support a range of wildlife species including crocodiles, birds, tigers, deer, monkeys and honey bees. Many animals find shelter either in the roots or branches of mangroves. The decision of the Union Ministry of Environment, Forest and Climate Change for clearing out approximately 57,000 mangrove trees for construction of bullet train is disheartening and alarming as people who will form the rider base of the upcoming bullet train are not directly dependent on mangrove trees for their survival but it is important to understand that numerous species of fauna and flora are. This is also the case with a substantial part of people who are dependent on mangroves for their livelihood. The need to protect mangrove forest cover is therefore very important. Hence this Bill. NEW DELHI; RAHUL KASWAN March 1, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 167 BILL NO. 27 OF 2022 A Bill to confer upon every farmer the right to realize a minimum price for their agricultural produce 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 Farmers Right to Guaranteed Minimum Support Short title, Price Realization of Agricultural Produce Act, 2022. extent and commencement.168 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (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. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "agricultural produce" includes the agricultural produce specified under the Schedule; (b) "appropriate Government" means in the case of a State the Government of that State, and in all other cases, the Central Government; (c) "Commission" means the Commission for Agricultural Costs and Prices (CACP) constituted under the Union Ministry of Agriculture and Farmers Welfare to recommend Minimum Support Prices (MSPs) for agricultural produce; (d) "Department" means the Department for Guaranteed Minimum Support Price Realization constituted under section 6; (e) "farmer" means any individual or group of individuals collectively including but not limited to an individual, forest-produce gatherer, farmer groups, cooperatives engaged in the agricultural activity in terms of growing crops and agricultural produce on self-owned or leased land; (f) "guaranteed minimum support price" means the price that ensures a fifty per cent. return on the comprehensive cost of production for any agricultural produce as determined under section 3, excluding any bonus announced and applicable for the respective agricultural produce for that crop season; (g) "prescribed" means prescribed by rules made under this Act; and (h) "trader" means any individual or group of individuals collectively engaged in the direct purchase of agricultural produce from the farmer for direct consumption or further selling of agricultural produce, in same form or with value-addition, and includes but not limited to commission agents, purchasers and arthiyas. CHAPTER II GUARANTEE OF MINIMUM SUPPORT PRICE Notification 3. (1) The Central Government shall, on the basis of recommendation for guaranteed of guaranteed minimum support price for each agricultural produce as computed by the Commission under minimum section 5, notify the guaranteed minimum price of each agricultural produce, as soon as support price possible, but not later than two weeks of the receipt of such recommendation from the for agricultural Commission in such manner as may be prescribed. produce. (2) Notwithstanding anything contained in sub-section (1), the Central Government shall notify the guaranteed minimum support price two months before the start of kharif season or 1st day of April every year and two months before the start of Rabi season or 15th day of September every year as applicable in such manner as may be prescribed. State 4. The State Government shall, notify bonus on each agricultural produce, to be Government 40 paid from the State Government exchequer in addition to the guaranteed minimum support of notify price in case of— bonus. (a) Kharif crops, one month before the start of Kharif season or 1st day of May of each calendar year; and (b) Rabi crops, one month before the start of the Rabi season or 15th day of October of each calendar year.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 169 5. (l)The Commission shall recommend guaranteed minimum support price for all Computation of Minimum agricultural produce subject to quality standards as prescribed under sub-section (2) and (3) Support Price. to the Central Government which shall not be less than a profit margin of at least fifty per cent. over and above the comprehensive cost of production including,— (a) actual paid-out expenses incurred by farmers on seeds, fertilizers, pesticides, hired labour, fuel, irrigation and other inputs from outside, incurred in cash or kind; (b) imputed value of unpaid family labour; and (c) rentals and foregone interests on farmland and fixed agricultural assets. (2)The Commission shall define the fair and acceptable quality standards for the agricultural produce for which the prices shall be notified as per section 3 and computed under sub-section (1). (3)The Commission shall undertake an annual exercise to classify the quality parameters on the basis of which crops not meeting the fair and acceptable quality standards may be classified into different categories and announce the guaranteed minimum support prices of each category for all agricultural produce which may be based on guaranteed minimum support price adjusted for quality differentials. (4)The Commission shall prescribe an indicative list of agricultural produce that may be grown in a particular sub-district considering the prevalent environment factors, including weather, groundwater patterns, soil health and other relevant environment factors. CHAPTER III DEPARTMENT FOR GUARANTEED MINIMUM SUPPORT PRICES REALIZATION 6. (1) The Central Government shall, by notification in the Official Gazette, constitute Constitution a Department to be known as the Department for Guaranteed Minimum Support Price of the Department Realization to exercise the powers conferred upon, and to perform the functions assigned to for it under this Act. Guaranteed Minimum (2)The Department shall consist of— Support Price Realization. (a) three farmer representatives; (b) one Indian Administrative Services officer not below the rank of an Additional Secretary to the Central Government; and (c) two agricultural experts with a distinguished record in agriculture policy formulation of not less than twenty years, to be appointed by the Central Government in such manner as may be prescribed. (3)The Department shall having its offices in every State to carry out the provisions of this Act and help in the facilitation and coordination of the functions vested to it under this Act with the respective State Governments. (4) The offices of the Department in each State shall consist of such number of members appointed by the respective State Governments including representatives of agricultural economists and an Indian Administrative Services officer to be appointed by the respective State Government in such manner as may be prescribed: Provided that the constitution of offices of the Department in each State shall be the same as may be decided by the Department through a consultative process from the State Governments concerned.170 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (5)The Central Government shall appoint such number of staff to the Department as may be required to carry out functions of this Act. (6)All such staff members, including the members of the Department, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860. (7)The salary and allowances payable to, and other terms and conditions of service of members and staff of the Department shall be such as may be prescribed. Functions of 7. The Department shall — the Department (a) review and recommend to the Central Government on a half-yearly basis and at least two months before the start of Rabi or Kharif seasons regarding inclusion of any crop or agricultural produce (including but not limited to spices, cereals, oilseeds, pulses, cash crops, dairy produce, fruits, vegetables) in the Schedule; (b) decide and notify the list of officers along with their roles and responsibilities to ensure the smooth implementation of this Act, which includes but not limited to— (i) the monitoring of auctions and payments for agricultural produce; (ii) mandi operations; (iii) categorization, recording and decision for implementation of punitive actions or penalties; (iv) payment of Compensation as prescribed under section 9: Provided that the list of officers shall be prepared from a taluka level and be published along with their contact details in leading regional newspapers for complete transparency in such manner as may be prescribed; (c) from time to time, advise the Union Ministry of Commerce and Industry on the import duties that may be levied so that the landed cost of imported agricultural produce is at least equal to the price stipulated under section 5; and (d) maintenance of separate books of accounts and other records to prepare annual statements which shall be audited on an annual basis and the annual statements along with audit findings and recommendations to be tabled before each Houses of Parliament. Responsibility 8. (1) The appropriate Government shall ensure that all agricultural markets (including of appropriate Agriculture Produce Market Committee) commence the auction for all agricultural commodities Government to at a base offer price not lesser than the guaranteed minimum support price notified by the ensure payment of Central Government under section 3. agricultural commodities (2)The appropriate Government shall, in order to procure agricultural commodities at on prices not or higher than the guaranteed minimum support price, establish adequate number of less than procurement Centres, either under direct control or through designated procurement agencies guaranteed minimum in a localized manner as far as possible, so that there exists a minimum of one Centre per five support price. villages. (3)For the purposes of sub-section (1), the Central Government, may appoint an independent Committee which shall,— (a) evaluate the number of such procurement Centres required and their preferred village locations and submit their recommendations within a period of six months in such manner as may be prescribed;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 171 (b) ensure increase and maintenance of storage capacity including cold storage and affordable access to such facilities to enable farmers to store their agricultural produce and sell at the time of procurement operations; and (4) The appropriate Government shall ensure direct payments by the traders or procurement agency to the farmers bank account or in cash in absence of bank account within two days of such procurement. (5) The appropriate Government shall aid and advice the Department to ensure compliance and cooperation from officers notified under clause (b) of section 7. 9. (1) Any farmer who is not paid by the trader the guaranteed minimum support price Compulsory for his sale of agricultural produce shall be entitled to a compensation payable from the Fund payment of compensation constituted under section 10 which shall be equal to the difference between the guaranteed for not minimum support price and price paid to the farmer within a period of seven days from the obtaining day the matter is brought to the notice by the aggrieved farmer. guaranteed minimum support price. (2) Where a farmer does not get instant and direct payment of guaranteed minimum support price of agricultural produce such farmers shall be entitled to get for compensation fixed at ten per cent. per annum on the total payment due from the buyer calculated on daily basis. 10. (1) The State Commission shall, by notification in the Official gazette, constitute Constitution and maintain a Fund to be known as the Farmers Compensation Fund for the payment of of Farmers Compensation compensation to farmers for non-receipt of guaranteed minimum support prices or delayed Fund. payment for sale of agricultural produce under sub-section (1) of section 9. (2) The Fund shall be credited all the amount of penalties collected under section 14. 11. All farmers shall be entitled to avail institutional credit from public institutions and Farmers' public sector banks up to such per cent. of the value of the produce in lieu of the warehouse Right to institutional receipt, obtained post storage or sales of produce at the storage facilities as may be decided credit. by the Department within a period of three months from the date of application of credit from the farmer. 12. (1) Any formal or informal agreement, written or oral, or any implicit arrangement Penalty. between the purchasing parties, including, but not limited to the control or influence of auction prices by traders, commission agents and private buyers shall be liable for penalties as mentioned under section 14 including the cancellation of license by the appropriate Government on complaint by aggrieved farmers or public interest groups. (2) Any trader who abstains from purchasing any agricultural produce with a view to violate the rights conferred on farmers by this Act, especially for the quarter succeeding the seasonal harvest of a given commodity for one Rabi and Kharif season consecutively, shall be liable for penalties under section 14, including the cancellation of their license by the appropriate Government. 13. (1) Department shall constitute sub-district or Block level Dispute Resolution Dispute Committees for dispute resolution between the farmer and the trader or purchaser consisting Resolution Mechanism. of not more than five members, comprising of officials from the respective State Agriculture Ministry to be appointed by the State Government concerned in such manner as may be prescribed.172 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The Dispute Resolution Committee constituted under sub-section (1) shall provide resolution to the grievances within thirty days from the receipt of such complaint from either party, failing which the complainant reserves the right to approach to the appropriate Court. Penalty. 14. (1) Any trader, purchaser or commission agent, who contravenes the Provision of section 12 shall be deemed to have committed a cognizable offence and punishable as under,— (i) for the first time offence a penalty equal to the total deficit suffered by the farmers on account of the violation by the trader, purchaser or commission agent; or (ii) for the second time offence a penalty equal to two times the total deficit suffered by farmers on account of the violation by trader, purchaser or commission agent; and (iii) for the third time an imprisonment for a term upto six months and cancellation of license leading to stoppage of any future trading for all non-Governmental traders. (2) If any Government employee is found indulged in willful negligent in discharging of his duties stipulated under this Act, such employee shall be punished,— (a) for the first time offence a penalty a half of his month salary; or (b) for the second time offence a penalty of full months' salary with a warning; and (c) for the third or subsequent time suspension from service till further notice as may be prescribed. Overriding 15. The provisions of this Act or any rule or order made thereunder shall have effect effect of Act. notwithstanding anything inconsistent therewith contained in any law, or any instrument having effect by virtue of any law other than this Act. Power to 16. If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order, as occasion requires, do anything not inconsistent with the difficulties. provisions of this Act, which appears to them to be necessary for the purposes of removing the difficulty: Provided that no such orders shall be made after expiry of two years from the date of commencement of this Act. Power to 17. (1) The appropriate Government may, by notification in the Gazette, make rules for make rules. the purpose of carrying into effect the provisions 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 fourteen days which may be comprised in one session or in two 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. (3) Every rule made by the State Government under this Act shall laid, as soon as may be after it is made, before the State Legislature.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 173 THE SCHEDULE [See clause (a) of section 2] Agricultural Produce No. Category Crop Name 1. Cereal Paddy 2. Cereal Wheat 3. Cereal Maize 4. Cereal Sorghum 5. Cereal Pearl Millet 6. Cereal Barley 7. Cereal Ragi 8. Pulses Gram 9. Pulses Tur 10. Pulses Moong 11. Pulses Urad 12. Pulses Lentil 13. Oil seed Groundnut 14. Oil seed Rapeseed-Mustard 15. Oil seed Soyabean 16. Oil seed Sesamum 17. Oil seed Sunflower 18. Oil seed Sunflower 19. Oil seed Nigerseed 20. Commercial crop Copra 21. Commercial crop Cotton 22. Commercial crop Raw Jute174 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Minimum Support Price (MSP) declared by the Union Ministry of Agriculture and Farmers Welfare signals a right to the farmer to sell the agricultural produce at the declared price in case the open market prices fall in order to protect them from financial losses. Over the years, however, the efficacy of MSP has declined as most farmers do not receive the declared MSP, remaining at best limited to cereals within a handful of States. A close look at acreage and declared MSP, especially for pulses and oilseeds in recent years, illustrate that MSP has limited impact on acreage under a crop, as farmers have inadequate information and Government procurement agencies have focussed comparatively more on selected crops in selected geographies. The Food Corporation of India (FCI), the primary frontrunners for procuring agricultural commodities from farmers, procures only a portion of marketed surplus even for wheat and paddy (~32% for wheat and 35% for paddy). They have been able to procure ~160 million MT of wheat and ~203 million MT of rice, against a production of ~500 million MT and ~561 million MT respectively, during FY 2016-17 to FY 2020-21. Despite increasing trend of procurement, about 70 per cent of all produce was sold outside these agencies, and quite possibly at rates lower than the Minimum Support Price (MSP). Herein, the small and marginal farmers, accounting for almost 80 per cent of all Indian farmers remain the worst affected, due to small produce, lack of access to Government procurement centres, logistics costs and delayed payments, thereby selling it to middlemen as an option of last resort with little profit if at all. Despite the presence of 2477 principal regulated markets (APMC's) and 4843 sub-market yards (regulated by APMCs), many farmers do not have access to proper mandis for sales at competitive market prices. In places where they exist, the principal market yards and sub-market yards set up under the State Agriculture Produce Marketing Committee (APMC) have been found lacking in marketing infrastructure, with only a fraction of APMC markets having cold storage facilities and proper harvest management infrastructure for grading, packing and weighing. Poor digital connectivity and civic infrastructure only compounds to the existing deficiencies. In terms of access, the National Commission on Farmers (2006) recommended that regulated markets should be available for market area of 80 sq. km., yet the density of regulated markets varied from 116 sq. km. (Punjab) to 11,215 sq. km. (Meghalaya). In order to ensure access, the country would need an estimated 41,000 markets across the country. The guaranteed realization of minimum support price will also have long term environmental benefits - especially on groundwater situation across the country. Groundwater stress in India remains at an all-time high. In Punjab, 80% of the blocks (talukas) are overexploited when it comes to groundwater. Rajasthan follows close with 71% of its blocks being overexploited whereas Haryana registers the metric at 61%. Thus, aquifers in majority of the areas in these States are subjected to a physically unsustainable situation wherein withdrawal is more than the recharge leading to long term declines in water table. We fundamentally remain a water stressed society, with per-capita water availability at 1500 cubic meters in 2011, a 64 per cent drop from independence era availability of 5000 cubic meters and water stress threshold of 1700 cubic meters. Much of the dependence on groundwater also comes from our choice of crops, growing water intensive crops in water scarce regions (e.g., paddy in Punjab, sugarcane in Maharashtra). The promise of a guaranteed MSP realization will provide farmers with the right set of incentives to make better choices for long term ecological and agricultural sustainability. Quality also remains a key issue is reduced price realization of agricultural commodities, with MSP being applicable for crops at Fair and Acceptable Quality. The classification ofSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 175 each crop based on quality parameter and MSP price determination for various varieties depending on quality will reduce distress sales by farmers to purchasers, especially private parties. The quality differentials will also help in formalizing price of better varieties of crops (e.g., Basmati for rice, Sharbati for wheat). The need is to provide for payment of compensation equal to the difference in value between sales price and MSP within seven days of matter being brought to attention by the aggrieved farmer. It will ensure quick payment to farmers and in line with agriculture credit linked to warehouse receipts will alleviate working capital distress for farmers. The declaration of guaranteed MSP to farmers shall result in improved farm realization for potentially 93 million agricultural households, leading to resurgence in rural economy, consequent improvement in socio-economic outcomes and improved tax revenues for the Government. The declaration of minimum price realization shall provide an economic support to the agricultural community with such practice already implemented across different aspects of economy - be it labour (The Code on Wages, 2019 sets a floor wage taking into account the living standards and appropriate Government prescribes a minimum wage rate which is equal to or more than the floor rate), or land or even other crops like sugarcane. In such situations, the guaranteed minimum support price needs to be declared for a significant majority of our agricultural produce, Government-sourced or otherwise. Hence this Bill. NEW DELHI; FEROZE VARUN GANDHI October 24, 2019.176 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 6 of the Bill provides for the Central Government to constitute a Department for Guaranteed Minimum Support Price Realisation for Agriculture Produce. It also provides for appointment of farmers and agricultural experts to the Department. Clause 8 of the Bill provides that the appropriate Government shall, in order to procure agricultural produce at or higher than the guaranteed minimum support price, establish adequate number of procurement centres, either under direct control or through designated procurement agencies in a localized manner as far as possible, such that there exists a minimum of one Centre per five villages. Clause 10 provides for constitution and maintenance of a State Compensation Fund. Clause 13 provides for setting up of a Dispute Resolution Committee to redress complaints from farmers. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one lakh crore per annum would involve from the Consolidated Fund of India. A non-recurring expenditure of about rupees Forty crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 17 of the Bill empowers the appropriate Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 177 BILL NO. 347 OF 2019 A Bill further to amend the Rights of Persons with Disabilities Act, 2016. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Rights of Persons with Disabilities (Amendment) Short title and Act, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.178 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of 2. In section 2 of the Rights of Persons with Disabilities Bill, 2016 (hereinafter referred 19 of 2016. section 2. to as the principal Act), in clause(s), the word "long term" shall be omitted. Amendment of 3. In section 17 of the principal Act— section 17. (i) in clause (a), for the words "to conduct survey of school going children in every five years", the words "to conduct separate surveys for school going and out of school children in every five years" shall be substituted; (ii) in clause (c) for the words, "intellectual disability", the words "intellectual disability, learning disability, autism, deaf blindness and cerebral palsy" shall be inserted; and (iii) in clause (i), after the words, "exemption from second and third language courses", the words, "substitution of mathematics with subjects like music or drawing" shall be inserted. Amendment of 4. In section 19 of the principal Act, in sub-section (2), after clause (f), the following section 19. clauses shall be inserted, namely:— ‘‘(fa) identification of jobs which may absorb subjects with disability judiciously; and (fb) ensuring equivalence of wages at par with the non disabled in all sectors need attention and reinforcement of article 14 related to right to equality.". Amendment of 5. In section 25 of the principal Act, in sub-section (2),— section 25. (a) in clause (c), for the words "screen", the words "screen, follow up and maintain records of" shall be substituted; (b) in clause (h), the words "causes of disabilities", the words "causes of disabilities, signs for early detection of disabilities" shall be substituted; and (c) for clause (k), the following clauses shall be substituted, namely:— "(k) sexual healthcare, reproductive healthcare and genetic counselling especially for women with disability.". Amendment of 6. In section 60, of the principal Act, in sub-section (2), in clause (r),— section 60. (a) for sub-clause (ii) the following sub-clause shall be substituted, namely:— "(ii) six Members to represent the non-Governmental Organisations concerned with disabilities or disabled persons organisations: Provided that out of the six Members nominated, at least three Members shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes;"; and (b) after sub-clause (iii), the sub-following clause shall be inserted, namely:— "(iiia) at least four Members who are persons with disabilities: Provided that out of the four Members nominated, at least two Members shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes.". Amendment of 7. In section 66, of the principal Act, in sub-section (2), in clause (e),— section 66. (a) for sub-clause (iii), the following sub-clause shall be substituted, namely:— "(iii) six Members to represent non-Governmental Organisations concerned with disabilities or disabled persons orgnisations: Provided that out of the six Members nominated, at least three Members shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes;" andSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 179 (b) after sub-clause (iv), the following sub-clause shall be inserted, namely:— "(v) at least four Members who are persons with disabilities: Provided that out of the four Members nominated, at least two Members shall be women and at least one person each shall be from the Scheduled Castes and the Scheduled Tribes.". 8. In the Schedule to the principal Act, in paragraph 3, for the words "Mental Amendment Behaviour", the words "Mental Illness" shall be substituted. of the Schedule.180 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Rights of Persons with Disability Act, 2016 was enacted to expand the scope of the then existing law to ensure equitable rights for persons with disabilities. Under the existing provisions of the Act, several terminological and structural issues cause uncertainty and hinder the dissemination of such rights to those deserving. Hence this Bill. NEW DELHI; VINCENT H. PALA November 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 181 BILL NO. 313 OF 2019 A Bill further to amend the Biological Diversity Act, 2002. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Biological Diversity (Amendment) Act, 2019. 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 section 2 of the Biological Diversity Act, 2002 (hereinafter referred to as the Amendment principal Act),— of section 2. (a) after clause (b), the following clause shall be inserted, namely:— "(ba) "consent agreement" means a written and signed agreement denoting prior informed consent of the community concerned or the Biodiversity Management Committee, as constituted under section 41; and182 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) in clause (h), for the words, "Panchayats", wherever they occur, the words "Gram Sabhas or Panchayats" shall be substituted. Amendment 3. In section 7 of the principal Act, for the words "after giving prior intimation", the of section 7. words "after making an application in the prescribed form, with the consent agreement attached to the application" shall be substituted. Amendment 4. In section 18 of the principal Act, after clause (4), the following clause shall be of section 18. inserted, namely:— "(4a) Notwithstanding anything contained in sub-section (4), the National Biodiversity Authority shall take all efforts required to litigate and represent the local communities' case in a court of law to oppose the grant of any form of intellectual property right in India or outside India, on any biological resource obtained from India or knowledge associated with such biological resource which is derived from India.". Amendment 5. In section 19 of the principal Act, in sub-section (1), for the words, "in such form", of section 19. the words "in such form accompanied with consent agreement" shall be substituted. Amendment 6. In section 24 of the principal Act,— of section 24. (a) in sub-section (1), for the words, "give prior intimation", the words "attach a consent agreement" shall be substituted; and (b) in sub-section (2), for the words "an intimation", the words "a consent agreement" shall be substituted. Amendment 7. In section 40 of the principal Act, after the words, "National Biodiversity Authority", of section 40. the words "and local bodies" shall be inserted. Amendment 8. In section 61 of the principal Act, for clause (b), the following clause shall be of section 61. substituted, namely:— "(b) any benefit claimer, member of the concerned or affected community, the Biodiversity Management Committee or the local bodies.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 183 STATEMENT OF OBJECTS AND REASONS The Biological Diversity Act, 2002, was introduced and passed to take appropriate action for the purpose of conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of utilization of these resources. Considering that the indigenous local communities stand to lose in the process usually, the legislation must ensure protection of their rights. The principal Act fails to provide for their voices and opinions to be heard in matters related to protection of biological resources and traditional knowledge. It is important that while deciding matters that affect and have an impact on the communities at large, their say must be a major deciding factor. Their informed consent is a matter of necessity, than a mere consultation, for granting access to resources for whichever purpose. It is the only way in which we can ensure local level participation in the real sense the term, and thus, effectively realize the objectives of the 73rd and 74th Amendment of the Constitution. Hence this Bill. NEW DELHI; VINCENT H. PALA November 6, 2019.184 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 212 OF 2019 A Bill to provide for the protection of women from discrimination, and for the basic facilities like creche, recreational facilities, maternity benefits, hostel and transport facilities, and for the welfare measures to be taken by the employers and the State for the women employees working in Government establishments; public sector enterprises including banks and ports, educational institutions including universities, colleges and schools; factories, mines, plantations, agricultural fields, orchards and such other places and for matters connected therewith and incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Working Women (Basic Facilities and Welfare) extent and Act, 2019. commencement. (2) It extends to the whole of India. (3) It shall come into force with immediate effect.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 185 2. In this Act, unless the context otherwise requires,— Definition. (a) "appropriate Government" means in the case of a State, the Government of that State and in other cases, the Central Government; (b) "child" includes a still born child; (c) "employer" means,— (i) in relation to an establishment which is under the control of an appropriate Government, the person or authority appointed by the appropriate Government for the supervision and control of the employees or where no person or authority is so appointed, the head of the establishment; (ii) in relation to an establishment under any local self-government or authority, the person appointed by such authority or local self-government for the supervision and control of the employees or where no person is so appointed the Chief Executive Officer by whatever name called of the local self-government or the authority, as the case may be; (iii) in other cases, the person who or the authority which has the ultimate control over the affairs of the establishment; (d) "establishment" include an office of the appropriate Government, quasi Government or department including telegraph office, post office, telephone exchange, a mine, a plantation, an agricultural field, a hospital or nursing home, a shop or any business establishment, a brick kiln, construction site, any banking establishment, any private office or house, any school, college university or like institution, establishment for the exhibition of equestrian, acrobatic and other performances and any other such place where a woman is employed for any work whatsoever; 63 of 1948. (e) "factory" means a factory as defined in the Factories Act, 1948; 14 of 1947. (f) "industry" means an industry as defined in the Industrial Disputes Act, 1947; (g) "prescribed" means prescribed by rules made under this Act; and (h) "working woman" means a woman who is employed whether directly or indirectly through any agency or contractor, as the case may be, for wages in any establishment, factory or industry. 3. It shall be the duty of the appropriate Government to ensure that no discrimination Appropriate Government is done by any establishment on gender basis with its women employees particularly in the to ensure matter of payment of wages which are paid to her male counterpart in such establishment. non- discrimination and equal wages for working women. 4. (1) Notwithstanding anything contained in any other law for the time being in force, Employer to every employer shall provide basic childcare facilities such as milk, tiffin, clothes, toys, have childcare facilities for trained ayahs and other essential facilities for the children of women working in the working establishment. women. (2) The appropriate Government shall ensure that every employer of an agricultural field provide mobile childcare facilities for the working women in his establishment: Provided that two or more such employers may provide common childcare facilities for their establishments. (3) The appropriate Government shall open such number of creches at such places as it may deem necessary for carrying out the purposes of this Act.186 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Recreational 5. The appropriate Government shall ensure that every employer provides retiring facilities. rooms with facilities like bathroom, latrine, drinking water at the workplace or worksite of the working women and recreational facilities like radio and television for working women and their children. Security 6. The appropriate Government along with the employer shall provide adequate and arrangements. proper security measures for the safety of working women in the establishment, factory or industry, as the case may be, well as to and from their places of residence. Maternity 7. It shall be the duty of the appropriate Government to ensure reservation of beds and facilities. proper and adequate maternity facilities for the working women in the hospitals and dispensaries having indoor patient facilities therein. Hostel and 8. The appropriate Government as well as an employer shall provide hostel and transport residential facilities both for married and unmarried working women nearest to their place of facilities. work and cheap, safe and quick transport facilities for such working women. Protection 9. The appropriate Government shall ensure protection from health hazards particularly from health for the women working in factories or industries like beedi, tobacco, stone mines, cashew, hazards. fish processing, salt, silk construction projects and such other establishments as may be prescribed. Register of 10. (1) The appropriate Government shall maintain a register of working women in working such manner and at such place as may be prescribed; women. (2) The appropriate Government may require an employer to furnish for the purposes of this Act, such statistical and other information, in such form and within such period as may be prescribed. Overriding 11. The provisions of this Act and the rules made thereunder shall have effect effect of the notwithstanding anything inconsistent therewith contained in any other law for the time Act. being in force, but save as aforesaid the provisions of this Act shall be in addition to and not in derogation of any other law for the time being applicable to the working women. Power to 12. (1) The Central and State Governments may, by notification in the Official Gazette, make rules. make rules for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each house of Parliament or the Legislative Assembly and the Legislative Council, as the case may be, 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 187 STATEMENT OF OBJECTS AND REASONS Despite the unabated female foeticides and dwindling population of girls in the country and the conservative attitude of the society towards women, more and more women are venturing out of their houses to work to support their families. As a result, the number of working women in Government services, factories, industries, commercial establishments, agriculture, mines, fish processing sector, silk industry and so on so forth is increasing day by day, but their conditions of employment need amelioration. Various basic and essential facilities which are supposed to be made available to the working women by the Government and private employers are either absent or not adequate and satisfactory. Unfortunately, in most of the private sector including agricultural sector, the facilities are rather minimal or negligible and the working women are exploited a lot there. The existing labour laws also do not provide for proper medical, educational, recreational and other facilities for the working women and their children. As regards, other social security measures like security, transport, accommodation have also not been made so far. In many establishments they are not given equal pay for work. This discrimination has to be stopped. Hence it has become necessary to provide adequate welfare measures for the working women. Hence this Bill. NEW DELHI; RITI PATHAK July 19, 2019. ————— THE WORKING WOMEN (BASIC FACILITIES AND WELFARE) BILL, 2019 BY SHRIMATI RITI PATHAK, M.P. [Copy of letter No. WWH-12011/3/2019-WWH dated 13 August, 2019 from Shrimati Smriti Zubin Irani, Minister of Women and Child Development and Textiles to the Secretary General, Lok Sabha]. The President, having been informed of the subject matter of the Working Women (Basic Facilities and Welfare) Bill, 2019 by Shrimati Riti Pathak, M.P., has recommended the consideration of the Bill under article 117(3) of the Constitution in Lok Sabha.188 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill provides for certain childcare facilities of the working women. Clause 5 provides for recreational facilities for working women and their children, Clause 6 provides that the appropriate Government to provide adequate and proper security measures for the safety of working women. Clause 7 provides for maternity facilities. Clause 8 provides for hostel and transport facilities for the working women. Clause 9 provides for appropriate Government shall ensure protection from health hazards of the working women. The expenditure relating to States shall be borne out of the Consolidated Fund of the State Government concerned. However, the expenditure in relation to Union territories shall be borne out of the Consolidated Fund of India. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees two thousand crore may involve as recurring expenditure per annum. A non-recurring expenditure of rupees five thousand crore is also likely to involve. —————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 12 of the Bill empowers the Central Government to make 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 189 BILL NO. 275 OF 2019 A Bill to provide for special financial assistance to the State of West Bengal to meet the costs of repairs, renovations and preservation of ancient and historical monuments and archaeological sites and remains including excavation of new archaeological sites and remains situated in the State of West Bengal. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Special Financial Assistance for Ancient Monuments Short title and and Archaeological Sites and Remains in the State of West Bengal Act, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.190 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires "ancient monument" means any structure, erection or monument, or any tumulus or place of interment, or any cave, rock sculpture, inscription or monolith which is of historical, archaeological or artistic interest and which has been in existence for not less than one hundred years and includes— (i) remains of an ancient monument; (ii) site of an ancient monument; (iii) such portion of land adjoining the site of an ancient monument as may be required for fencing or covering in or otherwise preserving such monument; and (iv) the means of access to, and convenient inspection of, an ancient monument. Special 3. There shall be paid such sums of moneys out of the Consolidated Fund of India, financial every year, as Parliament may by due appropriation provide, as special financial assistance assistane to to the State of West Bengal to meet the costs of repairs, renovations and preservation of the State of ancient and historical monuments and archaeological sites and remains, including excavation West Bengal. of new archaeological sites and remains, situated in the State of West Bengal, as may be undertaken by the State with the approval of the Central Government. Act not in 4. The provisions of this Act shall be in addition to and not in derogation of any other derogation of law for the time being in force. any other law.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 191 STATEMENT OF OBJECTS AND REASONS The West Bengal is one of the favourite destinations of tourists, both domestic and foreign. West Bengal located on eastern bottleneck of India stretching from the Himalayas in the north to the Bay of Bengal in the south, presents some of marvelous landscape features and natural scenic beauty. Some of India's most preferred travel destinations like; the Darjeeling Himalayan hill region in the northern extreme of the State and the Sundarbans mangrove forests in the extreme south. During the British colonial era, Kolkata enjoyed the privilege of being the capital of British India and witnessed a spate of frenzied construction of buildings, largely influenced by the conscious intermingling of Neo-Gothic, Baroque, Neo-Classical, Oriental and Islamic schools of design. Unlike many north Indian cities, whose construction stresses minimalism, the layout of much of the architectural variety in Kolkata owes its origins to European styles and tastes imported by the British and, to a much lesser extent, by the Portuguese and French. The different tourist destinations attract the tourists because of various reasons including its ancient and historical monuments and archaeological sites and remains. At present, the Archaeological Survey of India is looking after the maintenance and conservation of 143 monuments/sites. These monuments belong to different periods, ranging from the pre-historic period to the colonial period and are located in different geographical settings. They include temples, mosques, tombs, churches, cemeteries, forts, places, step-wells, rock-cut caves, and secular architecture as well as ancient mounds and sites which represent the remains of ancient habitation. Taking care of the monuments is an important duty that devolver on the respective State Government as well as the Central Government. It needs funds to engage people who can look after monuments, ensure that the miscreants do not harm them, as also to get the damaged portion repaired from expert designers and engineers. The Central Government must provide adequate funds for each monument. The proper upkeep and maintenance of ancient and historical monuments and archaeological sites and remains in West Bengal shall boost heritage tourism which will in turn increase employment, revenue generation and local business in West Bengal. It is, therefore, necessary that the Central Government should provide special financial assistance to the State of West Bengal to meet the costs of repairs, renovations and preservation of ancient and historical monuments and archaeological sites and remains including excavation of new archaeological sites and remains situated in the State of West Bengal. Hence this Bill. NEW DELHI; SUKANTA MAJUMDAR November 5, 2019.192 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides that there shall be paid such sums of money out of the Consolidated Fund of India, every year, as Parliament may, by due appropriation, provide, as special financial assistance to the State of West Bengal to meet the costs of repairs, renovations and preservation of ancient and historical monuments and archaeological sites and remains including excavation of new archaeological sites and remains situated in the State of West Bengal, as may be undertaken by the State with the approval of the Government of India. The Bill, therefore, on enactment, will involve expenditure out of the Consolidated Fund of India. As the sums of moneys which will be given to the State of West Bengal as special financial assistance by appropriation by law made by Parliament will be known only after the plans to be implemented by the State Government with the approval of Government of India are identified, it is not possible at present to give the estimates of recurring expenditure, which would be involved out of the Consolidated Fund of India at this stage. No non-recurring expenditure is likely to the incurred from the Consolidated Fund of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 193 BILL NO. 47 OF 2020 A Bill to prevent throwing or depositing non-biodegradable waste material into the rivers, canals, drains, roads and public places so as to protect the environment from being polluted by such wastes and for matters connected therewith or incidental thereto. WHEREAS decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; AND WHEREAS it is considered necessary to implement the decisions aforesaid to protect the environment from the ill effects of non-biodegradable wastes; AND WHEREAS article 48A of the Constitution enjoins upon the State to endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Environment Protection (Management and Control of Short title, Non-biodegradable waste) Act, 2020. 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. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government;194 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "bio-degradable waste" means the garbage or waste material capable of being destroyed by the action of living beings or micro organism; (c) "house gully" means a passage or strip of land constructed, set apart or utilized for the purpose of serving or carrying a drain or affording access to the latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by persons employed in the clearing thereof or in the removal of such matters therefrom; (d) "market" includes any place where people assemble or which is exposed for sale of meat, fish, fruits, vegetables, food, or any other articles for human use or consumption with or without the consent of the owner of such place or any other person or authority empowered to regulate such activities; (e) "non-biodegradable waste" means the garbage or waste material which is not bio-degradable and includes polythelene, nylon and other plastic goods such as Polyvinyl Chloride, Polypropylene and Polystyrene; (f) "occupier" includes— (i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (ii) an owner in occupation of or otherwise using his land or building; (iii) any person in occupation of a land or building without payment of any rent or other consideration; and (iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (g) "owner" includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building, whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant; (h) "place" means any land or building or part of a building and includes garden, ground and out houses, if any, pertaining to a building or part of a building; (i) "place open to public view "includes any private place or building, monument, fence or balcony visible to a person being in, or passing along, any public place; (j) "prescribed" means prescribed by rules made under this Act; and (k) "public place" means any place which is open to use and enjoyment of the public whether it is actually used or enjoyed by the public or not and includes a road, street, market, house gully or way, whether a thoroughfare or not, and landing place to which public are granted access or have a right to resort or over which they have a right to pass. Prohibition to 3. (1) Notwithstanding anything contained in any other law for the time being in force, throw non- the appropriate Government shall, in order to protect the environment, ensure that no person, biodegradable by himself or through another, shall knowingly or otherwise throw or cause to be thrown in waste in public any drain, ventilation shaft, pipe and fittings, connected with the private or public drainage drains and sewage. works, any non-biodegradable waste or any bio-degradable waste in a non-biodegradable bag or container likely to— (a) injure the drainage and sewage system; (b) interfere with the free flow or affect the treatment and disposal of drain and sewage contents; orSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 195 (c) be dangerous or cause a nuisance or be prejudicial to public health or environment. (2) No person shall, knowingly or otherwise, place or permit to be placed, except in accordance with such procedure and after complying with such safeguards as may be prescribed, any bio-degradable or non-biodegradable waste in any public place or in a place open to public view, unless,— (a) the waste is placed in a waste receptacle; or (b) the waste is deposited in a location designated by a local self government institution having jurisdiction on an area for the disposal of the waste. 4. It shall be the duty of the local self government institution to— Provision for placement of (a) provide at proper and convenient places public receptacles, depots or places receptacles and for temporary deposit or collection of non-biodegradable waste; places. (b) provide separate dustbins for temporary deposit of non-biodegradable waste other than those kept and maintained for deposit of bio-degradable waste; (c) provide for the removal of contents of receptacles, depots and the accumulation at all places provided by it under clause (a); and (d) arrange for recycling of the non-biodegradable waste collected under this Act. 5. It shall be the duty of every owner and occupier— Duty of owners and occupiers (a) to collect or cause to be collected from their respective land and buildings, to collect and the non-biodegradable waste and to deposit, or cause to be deposited, in public deposit non- receptacles, depots or places provided for temporary deposit or collection of the non- biodegradable waste, etc. biodegradable waste by the local self government institution in the area; and (b) to ensure disposal of non-biodegradable waste in separate receptacles or dustbins in the manner prescribed by the local self government institution and to keep such receptacles or dustbins in good condition. 6. The appropriate Government may, by notice in writing, require the owner or occupier Removal of of any land or building, which has become a place of unauthorized stacking or deposit of non-bio- degradable non-biodegradable waste and is likely to cause a nuisance, to remove or cause to be removed waste. the deposited waste so stacked or; and if, in its opinion, such stacking or deposit of non- biodegradable waste is likely to injure the drainage and sewage system or is likely to be dangerous to life, health and environment, it shall forthwith take such steps at the cost of owner or occupier as it may think necessary. 7. (1) Manufacturing of soft drink bottles, shampoo and detergent bottles used with Prohibition of Polyethylene Terephthalate, milk bottles, house hold cleaners, supermarket bags used with manufacture of plastic products high density polyethylene, bread bags used with low density polyethylene, bread bag tags, for packaging jars and wrapping films used with polyethylene resins and mixed plastic used for making of certain feathers, toys, or such other items is hereby prohibited. items. (2) No person shall use plastic or its derivatives for manufacturing any article for use by infants. 8. (1) Whoever commits any act in contravention of any of the provisions of this Act Penalties. or rules made under this Act shall be punished with fine which may extend to five thousand rupees. (2) Whoever having been convicted of an offence under this Act is again convicted of any offence under this Act shall be punished with fine, which may extend to ten thousand rupees.196 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) Whoever in any manner aids or abets the commission of any offence under this Act shall be punished with fine which may extend to five thousand rupees. (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an 2 of 1974. offence punishable under this Act shall be cognizable and bailable. Offences by 9. (1) If the person committing an offence punishable under this Act is a Company, Companies. every person who, at the time of the commission of the offence, was in charge of, and 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 section shall render any 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 commission of the offence. (2) Notwithstanding 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 gross negligence on the part of any Director, Manager, Secretary or other officer, such Director, Manager, Secretary or officer shall 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 any body corporate and includes a firm or other association of individuals; and (b) "Director" in relation to a firm means a partner in the firm. Offences to be 10. All offences under this Act shall be tried in a summary way by a Judicial Magistrate tried summarily. of the First Class and the provisions of sections 262 to 265 (both inclusive) of the Code of Criminal Procedure, 1973 shall, as far as may be, apply to such trials. 2 of 1974. Compounding 11. Any offence punishable under this Act may, before the institution of the prosecution, of offences. be compounded by the local self government institution concerned or by such officer as may be authorized by the appropriate Government in this behalf, on payment, for credit to the local self government institution concerned, of such sums not exceeding the amount of fine fixed for that offence. Central 12. The Central Government shall provide requisite funds after due appropriation Government to made by Parliament by law, in this behalf, from time to time for the purposes of this Act. provide funds. Savings. 13. The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force. Power to make 14. (1) The Central Government may, by notification in the Official Gazette, make rules rules. for carrying out the purposes of the Act. (2) 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 197 STATEMENT OF OBJECTS AND REASONS Environment pollution and its ill-effects have attracted the attention the world over and ways and means to control the pollution are being thought of and implemented. In this regard, removal of waste material and garbage has become a major problem in cities and towns. Solid waste disposal is the duty of local self government institutions. Major portion of the solid waste is of bio-degradable nature, i.e. it can be destroyed by the action of living beings and microorganisms. Such bio-degradable waste can be converted into compost or used as a source of energy or manure. Whereas, non-biodegradable waste is the bane of modern civilization. The advent of plastic made up of Polyvinyl Chloride (PVC), Polypropylene and Polystyrene and other substances create environmental disasters leading to health hazards. Such substances chokes gutters, drains and marine outfalls, creating nightmare for sewage engineering. It clogs the soil, preventing the free flow of water through it and depleting it of its fertility and water tables. The Bill seeks to control the use and disposal of such non-biodegradable substances. Hence this Bill. NEW DELHI; SUKANTA MAJUMDAR January 20, 2020.198 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 12 of the Bill provides that the Central Government shall provide requisite funds after due appropriation made by Parliament by law, in this behalf, from time to time for the purposes of this Act. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of rupees ten crore would be involved from the Consolidated Fund of India per annum. A non-recurring expenditure of rupees fifty crore is also likely to be involved. —————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 14 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 detail only. The delegation of legislative power is, therefore, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 199 BILL NO. 74 OF 2021 A Bill to provide for measures and methods to control population and a comprehensive policy towards stabilizing the population of the country, promotion of schemes that incentivizes the small family norm, establishment of a National Population Control Authority and creating awareness regarding family planning and for all matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second year of the Republic of India as follows:— 1. (1) This Act may be called the Population (Control) Act, 2021. 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.200 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases the Central Government; (b) "Authority" means the National Population Control Authority constituted under Section 9; (c) "centre" means the Small Family-cum-Child Centre established under section 5; and (d) "prescribed" means prescribed by rules made under this Act. Central 3. It shall be the duty of the Central Government to encourage, promote and motivate Government to married couples to opt for small family norm with a view to control the increasing population encourage, in the country. promote and motivate small family norm. Establishment 4. (1) The appropriate Government shall, by notification in the Official Gazette, establish of Small centres to be known as the 'Small Family-Cum-Child Welfare Centres', for every ten thousand Family-Cum- of population in rural areas and for every thirty thousand in urban areas. Child Welfare Centres. (2) The Centre shall take steps for setting up of adequate facilities for — (a) guiding the married couples in the use of preventive methods of birth control; and (b) providing the married couples with suitable birth control devices free of charge. (c) carrying out sterilisation operations including post operation care of the persons who undergo operation and supply of necessary medicines to them free of charge; and (d) ensuring arrangements for complete medical care to every child upto the age of five years free of charge. (3)The appropriate Government shall take adequate steps to encourage and mobilize the people to visit and avail the facilities being provided at the centres constituted under section 4. Time gap 5. Any married couple shall not procreate second child within six years from the birth between of first living child. Children. Insertion of 6.After section 8A of the Representation of the People Act, 1951, the following section 43 of 1951. new section shall be inserted, namely:— 8B in Act No. 43 of 1951. Disqualification "8B. A person having two or more than two living children on the date of commencement procreating of this Act shall be disqualified and not eligible to contest any election if he procreates any more than two more living child one year after the commencement of this Act." living children. Undertaking 7. Every Government employee shall submit an undertaking in writing to the designated by the Authority that he shall not procreate more than two living children: Government Employees. Provided that the Government employees having more than the two living children on or before the commencement of this Act shall not procreate any more living child one year after such commencement.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 201 8. (1) The Central Government shall, within one year of the coming into force of this Constitution Act, constitute an Authority to be known as the National Population Control Authority for of National Population carrying out the purpose of this Act. Control Authority. (2) The National Population Control Authority shall consist of— (a) Secretary, Ministry of Health and Family Welfare-ex-officio, Chairperson; (b) Chairperson, National Commission for Women-ex-officio, member; (c) Secretary, Ministry of Women and Child Development-ex-officio, member; (d) Secretary, Ministry of Social Justice and Empowerment-ex-officio, member; and (e) two persons, with experience of at least fifteen years in the social sector, one of whom shall be a women to be appointed by Central Government in such manner as may be prescribed; (3) The Central Government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the Authority. (4) The salary and allowances payable to and terms and conditions of services of the members, officers and staff of the Authority shall be such as may be prescribed. 9. The Authority shall— Functions of the Authority. (a) recommend to the appropriate Government, the measures for the population control; (b) encourage, promote and motivate the newly married couples not to procreate more than two living children; (c) ensure dissemination of proper information regarding safe family planning methods such as contraception and spacing between birth of two children; and (d) undertake such other functions as it may deem fit and expedient for the purposes of this Act. 10. The Authority shall meet at such times and places and shall observe such rules of Meetings of procedure in regard to transaction of business at its meetings as may be prescribed. the Authority. 11. If any Government employee contravenes the provisions of section 8, he shall not Penalty. be eligible for any further promotion and increment during the service. 12. The Central Government shall, after due appropriation made by law by Parliament Central in this behalf, provide requisite funds for carrying out the purposes of this Act from time to Government to provide time. funds. 13. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may make such order or give such direction, not inconsistent with the provisions remove difficulty. of this Act as may appears to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after expiry of three years from the date of commencement of this Act. 14. The provisions of this Act shall be in addition to and not in derogation of any other Savings. law for the time being in force. 15. (1) The Central Government may, by notification in Official Gazette make rules for Power to make carrying out the purposes of this Act. rules.202 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 203 STATEMENT OF OBJECTS AND REASONS India is the second most populous country after China. It is estimated that it will surpass China's population by the year 2030, becoming the most populous country in the world. Having only 2.4 per cent. of global land area, we have more than seventeen per cent of the global population making it one of the most densely populated nations of the world. This scenario is compelling; at least half the population live in slums and under squalid conditions. The boom has created overcrowding due to which law and order situation is deteriorating. Unemployment is rising rapidly causing frustration amongst the unemployed, particularly the youth who are being lured by anti-national and anti- social elements. There is unparallel transformation of human values, social institutions and economic structures. Agriculture land holdings are becoming smaller and smaller. The housing needs are far beyond the available finances and the shortage is appalling. Educational facilities are becoming hopelessly poor. Overcrowding is also causing environmental degradation. In a developing country such as India where a large section of the population still lives in abject poverty with little to no resources, the need for stabilization of the population growth becomes crucial. It is, however, unfortunate that despite availability of various birth control measures and several Family Planning Programmes, the population continues to rise menacingly. An attempt has been made through this Bill to offer a comprehensive package for the control of booming population. The need is to not just prepare the masses for family planning and population control, but also provide them with medical equipments and contraceptives to do it effectively. The need is also to provide better opportunities for girl child to become an active member of labour force and contribute to national development. The Bill, therefore, seeks to provide for measures and methods to control population and a comprehensive policy towards stabilizing the population of the country, promotion of schemes that incentivizes the small family norm, establishment of a National Population Control Authority and creating awareness regarding family planning. Hence this Bill. NEW DELHI; RAJENDRA AGRAWAL October 25, 2019.204 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill provides for the establishment of the Small Family-Cum-Welfare Centres across the country in rural and urban areas. Clause 8 provides for the constitution of National Population Control Authority for carrying out the purposes of this Act. It also provides for appointment of persons with experience, officers and staff to the Authority. Clause 12 makes it obligatory for the Central Government to provide requisite funds for carrying out the purposes of the Bill. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees one thousand crore may involve as recurring expenditure per annum from the Consolidated Fund of India. A non-recurring expenditure to the tune of rupees one thousand crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 15 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 205 BILL NO. 7 OF 2021 A Bill to provide for the constitution of a Commission to exploit renewable energy resources in the country and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the Renewable Energy Resources Commission Short title, Act, 2021. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force at once.206 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (i) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (ii) "Commission" means the Renewable Energy Resources Commission constituted under section 3; (iii) "prescribed" means prescribed by rules made under this Act; and (iv) "renewable energy" means energy obtained from non-conventional sources such as sunlight, wind, ethanol, jatropha, urban waste, geothermal sources, tides, waves or any other such source. Renewable 3. (1) The Central Government shall, by notification in the Official Gazette, constitute Energy a Commission to be known as the Renewable Energy Resources Commission for carrying Resources out the purposes of this Act. Commission. (2) The Commission shall consist of— (i) a Chairperson to be appointed by the Central Government having such qualification as may be prescribed; (ii) one representative each from every State/Union territory to be nominated by the State Government/Union territory Administration concerned; and (iii) one representative each from the Niti Aayog, Union Ministers of Power, Jal Shakti, Rural Development, Housing and Urban Affairs, Finance and Environment, Forest and Climate Change. (3) The Secretary, Union Ministry of New and Renewable Energy shall be ex-officio Secretary to the Commission. (4) The salary and allowances payble to and other terms and conditions of the service of the Chairperson and members of the Commission shall be such as may be prescribed. Every State 4. (1) Every State Government/Union territory Administration shall, by notification in Government/ the Official Gazette, constitute a Renewable Energy Resources Commission for carrying out Union the purposes of this Act. territory Administration (2) The State/Union territory Commission shall consist of a Chairperson and such to constitute Renewable number of other members as the State Government/Union territory Administration may Energy deem necessary for carrying out the purposes of this Act. Resources Commission. State 5. Every State/Union territory Commission shall, as soon as possible, but not later Government than one year from the date of commencement of this Act, identify the exploitable sources to send of renewable energy in their respective jurisdictions and send a report thereon to the detailed report to the Commission. Commissioner. Commission 6. (1) The Commission shall, on receipt of report from the State/Union territory to depute a Commission, depute a team of experts to the State/Union territory to verify and assess the team of possibility of exploiting renewable energy resources. experts to the State/Union (2) The team of experts shall submit a report to the Commission at the earliest in such territory. form and manner as may be prescribed. (3) The Commission shall, on the basis of the report submitted by the team of experts, work out the estimated expenditure on the projects relating to exploitation of renewable energy and sent a report thereon to the Central Government.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 207 7. The Central Government and the State Governments shall contribute towards the Central expenditure incurred on the projects relating to exploitation of renewable energy in such Government and State ratio as may be prescribed: Government to contribute Provided that the Central Government shall contribute not less than fifty per cent. of towards the the total expenditure. expenditure. 8. (1) The projects relating to exploitation of renewable energy shall be completed in Projects to be a time-bound manner. completed in a time bound (2) The Central Government shall release funds for the implementation of projects manner. relating to exploitation of renewable energy after making such enquiry about the progress of projects, as it may deem fit. 9. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of the Act. make rules. (2) 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.208 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India has vast reserves of natural resources—both renewable and non-renewable. In the last few decades, the over dependence on fossil fuels for meeting our energy needs have resulted in many ecological and climatological issues including global warming. All over the world there is a shift towards greater use of renewable energy sources as they are not only available in abundance but also considered to be non-polluting in comparison to fossial fuels. All over world, more than twenty per cent. of energy requirements are being met through renewable energy sources. In our country, the dependence on fossil fuels is not at all good for our economy as we have to import more than fifty per cent. of our petroleum requirements. In the coming years, with the acceleration of industrialization and rising demand of energy from our people, demand for power is going to increase manifold and the situation may worsen if immediate steps are not taken to promote exploitation of renewable energy resources. It is proposed to constitute a Renewable Energy Resources Commission with a view to give fillip to the exploitation of renewable energy resources. The Bill seeks to achieve the above objectives. NEW DELHI; SUNIL KUMAR SINGH November 5, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 209 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of a Renewable Energy Resources Commission. Clause 4 provides that similar Commissions shall be constituted in every State and the Union territory. Clause 6 provides that the Commission shall send a team of experts to the States and the Union territories with a view to verify the report sent by them and assess the possibility of exploitation of renewable energy resources. While the expenditure relating to States shall be borne out of the Consolidated Funds of the respective States, the expenditure in respect of Union territories shall be borne out of the Consolidated Fund of India. Clause 7 provides that the Central Government shall contribute to the expenditure incurred on the projects relating to exploitation of renewable energy in such ratio as may be prescribed. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees ten thousand crore will be involved. A non-recurring expenditure of about rupees five thousand crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.210 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 308 OF 2019 A Bill to provide for compulsory teaching of Constitution in all educational institutions and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Compulsory Teaching of Constitution in Educational commencement. Institutions Act, 2019. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "Advisory Council" means the Advisory Council for Teaching Constitution constituted under section 6; ( b) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 211 (c) "educational institution" means a primary or a middle or a secondary or a senior secondary level school or an University or college imparting education to student, by whatever name such institution is called but does not include a minority educational institution; and (d) "prescribed" means prescribed by rules made under this Act. 3. From such date, as the Central Government may, by notification in the Official Compulsory Gazette specify, the Constitution shall be taught as a compulsory subject in all educational teaching of Constitution. institutions from such class onwards as may be determined by the Central Government on the recommendation of the Advisory Council. 4. The appropriate Government shall, immediately after issuance of the notification Appropriate under section 3, issue directions for compulsory teaching of Constitution in educational Government to issue institutions from such class onwards as it may determine, within its jurisdiction. directions for compulsory teaching of Constitution in educational institutions. 5. Subject to such rules, as may be prescribed, the appropriate Government shall Appointment ensure appointment of such number of teachers with such qualifications, as may be specified, of teachers. for teaching constitution in all educational institutions. 6. (1) The Central Government shall, within three months of the coming into force of Constitution the Compulsory Teaching Constitution in Educational Institutions Act, 2019, by notification of Advisory Council for in the Official Gazette, constitute an Advisory Council for Teaching Constitution of India. Teaching Constitution. (2) The Advisory Council shall consist of such number of persons, having special knowledge or practical experience in the field of teaching, legal profession or administration, as the Central Government may deem fit. 7. The Advisory Council shall perform the following functions, namely:— Functions of Advisory (a) recommend to the Central Government the class from which onwards the Council for Constitution of India shall be taught in educational institutions; Teaching constitution. (b) recommend to the appropriate Government the qualifications of teachers to be appointed in educational institutions for teaching Constitution of India; (c) recommend to the appropriate Government the institutions which may be given recognition for training teachers in Constitution of India for the purpose of their appointment in educational institutions; (d) co-ordinate with the appropriate Government and the school authorities with a view to ensuring effective implementation of the provisions of this Act. 8. The appropriate Government shall de-recognize educational institutions, which De-recognition does not comply with the provisions of section 4, after giving such institution a reasonable of educational institutions for opportunity of being heard. non- compliance of the provisions of the Act. 9. The Central Government shall, after due appropriation made by law by Parliament in Central this behalf, provide adequate funds to the State Governments for carrying out the purposes Government to provide of this Act. fund. 10. The provisions of this Act shall have effect notwithstanding anything inconsistent Overriding therewith contained in any other law for the time being in force. effect of the Act.212 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Power to make 11. (1) The Central Government may, by notification in the Official Gazette, make rules rules. for carrying out the purpose of this Act. (2) 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 213 STATEMENT OF OBJECTS AND REASONS It has been generally believed among different sections and groups of the society that the knowledge of the Constitution of India is only meant for the law students. Lawyers and politicians, etc. But no one ever thought that how important role can basic information about the Constitution play in our daily life. It is very necessary for every person to have certain basic knowledge of their own Constitution including his fundamental rights, duties and guarantees and protection available to him. There are certain provisions of the Constitution, basic knowledge of which is very necessary for a person, even if doesn't belong to a group which is related to legal field. Lack of knowledge is the main reason that certain rights of a person get violated so easily. It has been said that "Knowledge is the Power", and indeed it is not wrong. It is responsibility of education system to make a common man aware of his constitutional rights and how these rights can be saved. Current education system in educational institutions lays emphasis on imparting quality education. However, it is missing out on imparting teaching of the Constitution and is, therefore, incomplete without it. The Bill, therefore, seeks to provide for teaching Constitution compulsory in all educational institutions to make every students aware of basic values, ideals, feature and fundamental provisions of the Constitution. Hence this Bill. NEW DELHI; VINOD KUMAR SONKAR November 6, 2019.214 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 5 of the Bill provides for appointment of teachers for teaching Constitution in all educational institutions. Clause 6 provides for Constitution of Advisory Council for Teaching Constitution by the Central Government. Clause 8 provides for payment of adequate funds to the States for carrying out the purposes of the Act. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. At this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the Consolidated Fund of India, if the Bill is enacted into a law. However, it is estimated that a recurring expenditure of about rupees one hundred crore will be involved per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 215 BILL NO. 12 OF 2020 A Bill to provide for special financial assistance to the State of Punjab for the purpose of sustainable agriculture, development of growth-oriented infrastructure and industry, skill development and generation of employment, welfare schemes for farmers, agricultural labourers, the Scheduled Castes, Other Backward Classes and other weaker sections, reducing groundwater extraction and combating possible desertification, development of border areas and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Special Financial Assistance to the State of Punjab Short title and Act, 2020. 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 paid such sums of money out of the Consolidated Fund of India, every Special year, as Parliament may by due appropriation by law provide, as special financial assistance to the Financial Assistance to State of Punjab to meet the costs of such schemes of development as may be undertaken by the the State of Government of the State of Punjab with the approval of Union Government for the purposes Punjab. of:— (a) promoting the welfare of persons belonging to the Scheduled Castes and Other Backward Classes, including providing scholarships, fellowships and pensions; (b) providing financial assistance to small and marginal farmers; (c) initiating welfare measures for improving the conditions of senior citizens, women, children and poor persons living in the State;216 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (d) providing for welfare measures aimed at improving the condition of agricultural labourers; (e) research and development to boost agricultural growth rate, including new varieties of seeds to boost yields, fertilizers and pesticides; (f) schemes to incentivise investment in crop diversification, food processing industries based on local products, modern warehouses, cold storage and transport infrastructure for agricultural produce; (g) providing quality higher education and promoting research in all disciplines; (h) skill development and generation of formal employment opportunities for unemployed youth; (i) revival of micro, small and medium enterprises (MSMEs); (j) establishing drug de-addiction centres and mental health institutions; (k) development of infrastructure in border areas, acquisition of farmers’ land beyond the border fence by the Government of India, compensation to the farmers for their land rendered ineffective for farming due to periodic military deployment, and improving internal security and police infrastructure, including new police stations, police lines and residential quarters; (l) creating awareness amongst people about declining water lable and reducing groundwater extraction; (m) promotion of rain water harvesting and watershed development to ensure replenishment of groundwater; (n) capping of water guzzling paddy area and promotion of drought resilient crops like maize, jawar, bajra, sunflower, tur and potato; (o) settling the debt of farmers; (p) providing compensation and relief to farmers and agricultural labourers for any damage to crops caused due to rainfall deficit, pest attack, flood, hailstorm or any other natural calamity; (q) encouraging and providing for sustainable practices like organic farming coupled with modern irrigation facilities like drip irrigation, contour bunding and sprinklers to farmers; (r) training of farmers in new agricultural techniques and promoting allied sectors like dairy and poultry; (s) implementation of social awareness campaigns through non-governmental organisations and self-help groups about farmer credit, water literacy and drought management through change in cropping pattern; (t) effective development, exploitation and proper utilisation of resoures in the State; (u) such other provisions as the Government of the State of Punjab may deem necessary for carrying out the purposes of this Act. Power to 3. If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order, make such provisions not inconsistent with the provisions of difficulties. this Act which appears to him 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 date of commencement of this Act. Act not in 4. The provisions of this Act shall be in addition to and not in derogation of any other derogation of law for the time being in force dealing with the subject-matter of this Act. other law.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 217 STATEMENT OF OBJECTS AND REASONS The State of Punjab remained at the forefront of India's struggle for freedom. Post-Independence, its industrious farmers were responsible for ushering in the Green Revolution. Thanks to them, the nation became self-sufficient in terms of foodgrains. However, with declining growth rates, falling average farm sizes and depleting groundwater table, the agricultural economy is facing stagnation. The farmers and their families have borne the brunt of this situation. Burdened by burgeoning debt, many of them committed suicide. The agricultural labourers, most of whom belonging to the Scheduled Castes and marginalized sections of society, have been rendered jobless and forced to move to urban areas. With agriculture no longer considered a profitable enterprise, unemployed educated rural youth have been moving abroad in search for greener pastures. Additionally, Punjab being a border State, internal and external security is of paramount importance. Its people have endured militancy and cross border terrorism for a long time. The State police is second line of defence and its capabilities need to be enhanced. To improve quality of life of residents living in border areas, basic infrastructure needs to be improved and upgraded. Moreover, the mismanagement of State finances by the previous Government has led to massive public debt. While the Government is trying to bring the State back on high growth and development trajectory, the limited amount of available finances are not sufficient. The schemes for welfare of the Scheduled Castes, Other Backward Classes, farmers and agricultural labourers need to be expanded to include every deserving beneficiary. The people of Punjab are in need of a large scale investment in infrastructure, industry and agriculture. The development of the State can be ensured only with the active involvement and cooperation of the Central Government. For this, it is necessary that the Central Government provides special financial assistance to the State for its all-round development including the welfare of weaker sections and for the development and exploitation of its vast resources. Such a step would go a long way in building a strong nation. Hence this Bill. NEW DELHI; SANTOKH SINGH CHAUDHARY November 23, 2019.218 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides that there shall be paid such sums of moneys out of the Consolidated Fund of India, every year, as Parliament may by due appropriation provide, as special financial assistance to the State of Punjab to meet the costs of such schemes of development, as may be undertaken by the State of Punjab with the approval of the Central Government. The Bill, therefore, on enactment, will involve expenditure out of the Consolidated Fund of India for providing special financial assistance to the State of Punjab. As the sums of moneys which will be given to the State of Punjab as special financial assistance by appropriation by law made by Parliament will be known only after the welfare schemes to be implemented by the State Government are identified, it is not possible to give the estimates of recurring or non-recurring expenditure, which would be involved out of the Consolidated Fund of India at this stage. No non-recurring expenditure is likely to be incurred from the Consolidated Fund of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 219 BILL NO. 11 OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2020. 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 (1), the following proviso shall be added Amendment at the end, namely:— of article 124. “Provided that such number of Judges, as is equal to the proportion of population in the country of the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes to the total population of the country, shall be appointed from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes. Explanation.—In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.”.220 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 3. In article 216 of the Constitution, the following proviso shall be added at the end, of article 216. namely:— “Provided that such number of Judges, as is equal to the proportion of population in the State of the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes to the total population of the State, shall be appointed from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes. Explanation.—In this article, the expression ‘population’ means the population as ascertained at the last preceding census of which the relevant figures have been published.”. Amendment 4. In article 312 of the Constitution, after clause (4), the following clause shall be of article 312. added, namely:— “(5) The law providing for the creation of the all-India judicial service aforesaid shall specifically provide for reservation in appointment of Judges for the persons belonging to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes in the same proportion, as the population of the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes bear to the total population of India.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 221 STATEMENT OF OBJECTS AND REASONS There is a need for representation from the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes in higher judiciary. In the face of inadequate number of judges from backward classes in higher courts, it is imperative to have a reservation policy in this regard. This would ensure the well-being of all sections of society as the needs of the oppressed would be better understood, leading to social equity. Of the three pillars of democracy, Legislature and Executive have been brought under the ambit of constitutional reservation. Naturally, the Judiciary must also be covered by the same principle. Judiciary comes under the definition of ‘State’ under article 12 of the Constitution. Articles 15(4) and 16(4) provide for special provision for advancement and reservation respectively in favour of any backward class which is not adequately represented in the services under the State. As our higher judiciary still has inadequate representation from the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes communities, this Bill aims to provide reservation for the same. The Standing Committee on Personnel, Public Grievances, Law and Justice has recommended reservation for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes communities in higher judiciary in its various Reports presented during the fourteenth Lok Sabha. The Parliamentary Committee on Welfare of the Scheduled Castes and the Scheduled Tribes also recommended reservation for backward classes in higher judiciary in its Report in the year 2000. The nine Judge Supreme Court Bench in the case of Indra Sawhney Vs. The Union of India had upheld reservations for Other Backward Classes. When the Parliament enacts a law to provide for the creation of an all-India judicial service, it is imperative that reservation is provided to the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes as is provided for in other All India Services such as the Indian Administrative Services. Hence this Bill. NEW DELHI; SANTOKH SINGH CHAUDHARY November 27, 2019.222 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 31 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:— Short title. 1. This Act may be called the Constitution (Amendment) Act, 2022. 2. In the Eighth Schedule to the Constitution, the existing entries 3 to 22 shall be Amendment of the Eighth re-numbered as entries from 4 to 23, respectively, and before entry 4 as so re-numbered, the Schedule. following entry shall be inserted, namely: "3. Bhoti."SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 223 STATEMENT OF OBJECTS AND REASONS Language is not only a medium of communication, but also a sign of respect. It reflects the history, culture, people, system of governance, ecology, politics etc. 'Bhoti' is a mass language; the language of the people who have struggled for centuries, the language of the Himalayans that has blessed and bestowed the world with wisdom and prosperity, the language of the saints and poets, the language of the hills and valleys which have treasured the beauties of the nature, the language which unites people by heart and mind, the language of peace and compassion. The Bhoti script was developed by Thomi Sambhota in the 7th century by modifying the four vowels and thirty consonants of the Devanagari script and Panini Grammar written in Sanskrit. Bhoti has a rich literature in different fields such as Medicines, Architecture, Astrology, Music, Arts, Dance, Drama, Yoga, Philosophy, Tantra, Poetry and Grammar. The collection of the rich literary treasure of the famous "Nalanda Parampara" along with Buddha's teachings compiled in the Tripitaka and Tantra is available today only in the Bhoti language in their original form. Bhoti is dominantly spoken by the largest number of people in the entire Himalayan region with several contiguous geographical zones having its own script and literature. It is used among people of the Union Territory of Ladakh, Jammu and Kashmir, Himachal Pradesh, Uttarakhand, West Bengal, Sikkim and Arunachal Pradesh. The glory and grace of this language is not only confined to the Himalayan region of India but also extended to Bhutan, Nepal, Tibet, China, Mongolia and Pakistan. This language is a symbol of "Unity in Diversity". People from different religions, regions, cultures and countries are using this language. It is also in the interest of the national security of our country. Bhoti is recognized as one of the official languages with its synonymous names in six States of India viz. the erstwhile Jammu and Kashmir, Sikkim, West Bengal, Himachal Pradesh, Uttarakhand and Arunachal Pradesh. Being an ancient language of culture and heritage, Bhoti is also a resource language for modernization. Developed in the 7th Century, it retains the ancient Indian heritage containing all requisites. Even in contemporary time different schools, colleges and universities throughout the world are imparting education in and for Bhoti language. All India Radio broadcasts its news and other programmes in Bhoti through its different stations such as Leh, Shimla, Gangtok, Karshang Darjeeling, Tawang and Delhi. More than fifteen newspapers and magazines are available in this language and nearly 7000 monasteries of the Himalayan region follow this language in their practices and functions. In the era of globalization and liberalization, the Himalayan region is more vulnerable and fragile to the economic, political, ecological and cultural forces from outside of the harsh and aggressive world. Language is an important agent of connecting people and continuity of culture. With the advancement of the harsh and hostile modern civilization and anti-national forces, the language and culture of the Himalayan region is disappearing, declining and getting degenerated very fast, which was developed over centuries. It reflects the traditional wisdom and technology to live in harmony with Nature. The modern civilization is preaching these peace-loving people to conquer over Nature, which results in irreparable destructions and calamities. The majority of the people who use this language practice Mahayana Buddhism for two reasons, although it is a secular language. First, Bhoti is a systematic, scientific and grammatically perfect language to be used, and second, it is rich with Mahayani culture and literature in the Himalayan regions. On 22nd May 1995 approximately 49 Members of our Parliament belonging to different political parties had submitted a memorandum to Shri P. V. Narasimha Rao, the then Prime Minister of India, appealing for the inclusion of Bhoti language in the 8th Schedule.224 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— In view of above, in order to protect, promote and preserve the sanctity of Bhoti language and to protect the culture and the traditions of the speakers of this language, and also taking into consideration the importance of this language, it is necessary that Bhoti be given due recognition by including it in the Eighth Schedule of our Constitution. Hence this Bill. NEW DELHI; JAMYANG TSERING NAMGYAL February 7, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 225 BILL NO. 72 OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2020. 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 243C of the Constitution,— Amendment of article (a) in clause (1), in the proviso, for the words, "territorial area", the words 243C. "territorial area and proportional representation" shall be substituted; (b) for clause (2), the following clause shall be substituted, namely:— "(2) All seats in a Panchayat shall be filled by persons elected by universal, direct, free, equal and secret election by the rules of proportional representation from multi-member territorial constituencies in the Panchayat area and, for this226 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— purpose, each Panchayat area shall be divided into constituencies of proportional representation-open list and multi-member territorial constituencies of two members in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as proportional and practicable, be the same throughout the Panchayat area"; and (c) for clause (4), the following clause shall be substituted, namely:— "(4) The Chairperson of a Panchayat and other members of a Panchayat whether or not elected by universal, direct, free, equal and secret election from constituencies of proportional representation-open list and multimember territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats.". Amendment 3. In article 243D of the Constitution, for the words "direct election" wherever they of article occur, the words "universal, direct, free, equal and secret election from constituencies of 243D. proportional representation-open list and multi-member territorial constituencies of two member" shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 227 STATEMENT OF OBJECTS AND REASONS Having ratified the International Bill of Human Rights viz. UDHR 1948, ICCPR 1966 and ICESCR 1966 and other Human Rights International Law treat obligations like ICERD 1965, CEDAW 1979 have made it obligatory upon 'Indian State' within the meaning and scope of Article 51(c), 253 and entries 12, 13 of Union List of V Schedule to make such necessary changes in our electoral system and outcomes. Signing of Inter Parliamentary Union (IPU) Declarations by India of which she is a member on Free and Fair Elections (Paris Declaration 1994) and Universal Declaration on Democracy (Cairo Declaration 1997) and the various resolutions adopted by UNGA, in this regard, the best practices and designs in the electoral system and outcomes across the words, and the letter and spirit of our Great Constitution which enshrines Justice, Liberty, Equality and Fraternity assuring the dignity of individual has made these long standing 'comprehensive electoral reforms' overdue. The need is to amend the Constitution with an objective of bringing in a 'free, fair, and equitable' "electoral system, laws, methods, process and outcomes", to realize the principle of our Parliamentary Democracy One Citizen One Vote, One Vote One Value and make our Democracy truly representative and participatory for all Indians in letter and spirit. The Bill, therefore, seeks to amend article 243C and 243D of the Constitution with a view to introduce a plural electoral system of proportional representative-open list and multi-member territorial constituencies of two member in the Panchayats to achieve the objectives of 'free, fair and equitable, elections, by laying the rules and design of "electoral system and outcomes", for our local self government bodies as well as to guarantee our 'electoral system and outcomes' as envisaged above from Parliament to Panchayats. Hence this Bill. NEW DELHI; THOL. THIRUMAAVALAVAN February 10, 2020.228 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 90 OF 2021 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-second Year of the Republic of lndia as follows:— Short title. 1. This Act may be called the Constitution (Amendment) Act, 2021. Amendment 2. In the Preamble to the Constitution:— of the (a) for the words "DEMOCRATIC REPUBLIC", the words "DEMOCRATIC Preamble. DIGITAL REPUBLIC reaffirming our adherence to HUMA N RIGHTS, DEMOCRACY, RULE OF LAW and INTERNATIONAL ORDER OF JUSTICE" shall be substituted; (b) for the word "citizens", the word "people" shall be substituted; (c) for the words, "JUSTICE, social, economic and political", the words "JUSTICE, social, economic, political and technological" shall be substituted; (d) for the words "LIBERTY of thought, expression, belief faith and worship''; the words "LIBERTY of thought, opinion, expression, conscience, belief, faith and worship," shall be substituted; (e) for the words "EQUALITY of status and of opportunity", the words "EQUALITY of status, opportunity and ofoutcomes" shall be substituted;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 229 (f) for the words "and to promote among them all'', the words "and to protect and promote among them all" shall be substituted; and (g) for the words "FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation", the words "FRATERNITY guaranteeing the human rights and fundamental freedoms, the dignity of the individual and the unity and integrity of the nation" shall be substituted. 3. In Part III of the Constitution, for the heading"FUNDAMENTALRIGHTS", the Amendment heading "FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS" shall be substituted. of heading to Part III. 4. For article 15 of the Constitution, the following article shall be substituted, Substitution of narnely:— new article for article15. "15. (I) The State shall not discriminate against any person on grounds of religion, Prohibition of or faith, opinion, descent, race, caste, colour, ethnic origin, national origin, sex, culture, discrimination and language, social status, economic status, place of birth, physical or mental disability, promotion of genetic, technological or any other form of discrimination. equality. (2) The State shall take all positive measures required to abolish discrimination, exclusion, restriction, preference and fairly regulate the abuse of technology for realization of fundamental human rights and freedoms in the political, economic, social, cultural, digital, data, technological or any other field, in all walks of life. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision and taking any affirmative actions for the promotion of equality and abolition of discrimination, exclusion, restriction or preference for the advancement of any socially and educationally backward class of citizens or for the Scheduled Castes, the Scheduled Tribes, the minorities and the other discriminated sections of people in all walks of life, be it public or private or otherwise. (5) No person, group, organization or association shall disseminate ideas regarding propagation of caste, racial, religious, ethnic, gender, genetic or technological discrimination and any act of incitement of discrimination, violence or any other such act against any person or group of persons. Explanation.— For the purposes of this article,— (a) "special provision and affirmative action" shall include fair liabilities upon the concerned companies, organizations, establishments, undertakings, entities, institutions, juristic persons and religious endowments as laid by law and policies; and (b) any reference to this article shall be constructed regarding prohibition of discrimination, exclusion, restrictions, preference and fairly regulate the abuses of technology as applicable to all persons, institutions, organizations, trusts, endowments, companies, establishments, undertakings and others, including the State.". 5. For article 17 of the Constitution, the following article shall be substituted, namely:— Substitution of new article for article 17. "17. (1) "Untouchability" is hereby abolished and its practice in any form is Abolition of prohibited. Untouchability. (2) The State shall take effective measures to abolish "Untouchability" in all forms by proper laws, policies, special measures, institutions and code of practices.230 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) Any person who is a victim of or untouchability or atrocities shall be rehabilitated and paid compensation, in a just proportion of the social, psychological, economical, physical harm or other loss caused to such person. (4) The enforcement of any disability arising out of dissemination of ideas and practices of untouchability or atrocities inflicted as a result of untouchability without any of period of limitation shall be treated as a crime against humanity. Crimes against 17A. The State shall take special measures to prevent crimes against humanity humanity and and genocide by civilian or military armed groups or non-state actors and guarantee genocide. rehabilitation and welfare of victims and any crime against humanity and genocide irrespective of period of limitation shall be an offence punishable in accordance with law.". Amendment of 6. ln article 19 of the Constitution,— article 19. (a) for the sub-heading, the following sub-heading shall be substituted, namely:— "Right to Fundamental Freedoms and Civil and Political Rights"; (b) for the marginal heading, the following marginal heading shall be substituted, namely:— "Guarantees to certain rights regarding fundamental freedoms and civil and political rights."; (c) for the word ''conferred", wherever they occur, the word "guaranteed" shall be substituted; (d) in clause (1),— (i) for sub-clause (c), the following sub-clause shall be substituted, namely:— "(c) to form political party, associations or unions or co-operative societies;"; (ii) after sub-clause (g), the following sub-clauses shall be inserted, namely:— "(ga) to hold office on election; (gb) to have information held by the State required for the exercise or protection of any fundamental right; (gc) to safety and secrecy of personal data; (gd) to petition against all public authorities and the State and receive redressal, replies and certifications; (ge) to just and fair trial, public hearing, and administrative action within a reasonable time including fair compensation and restitution for miscarriage of justice; (gf) to access to public service within a reasonable time; (gg) to collective bargain; (gh) to a fair ownership of employees in the companies and establishments of work and right to participate in their management and governance; and (gi) to intellectual, artistic and scientific research.". (e) in clause (2), after the words "defamation or incitement to an offence", the words "caste, racial, ethnic, gender or technological discrimination or hatred amongst persons or war", shall be inserted;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 231 (f) after clause (6), the following clauses shall be added, namely:— "(6A) Nothing in sub-clause (ga) to (gi) of the clause (1) shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights guaranteed by the said sub-clauses in the interest of fair and just public order, decency or morality, the sovereignty and integrity of India and the security of the State. (6B) The Parliament may make law to guarantee provisions of other rights to fundamental freedoms and civil and political rights with reasonable restrictions, within the meaning and scope of this article if not provided in the article.". 7. In article 20 of the Constitution,— Amendment of article 20. (a) for the marginal heading, the following marginal heading shall be substituted, namely:— "Rights of arrested, detained, accused and convicted persons and protection in respect of conviction of offences."; (b) for clause (2), the following clause shall be substituted, namely:— "(2) No person shall be prosecuted and punished for the same offence more than once nor be tried again, except for cases when the adjudication of the case is decided by a High Court or the Supreme Court in a manner specified by law."; and (c) after clause (3), the following clause shall be inserted, namely:— "(3A) Every person accused of an offence shall have the right to fair trial and right to appeal, if convicted, to higher courts.". 8. For article 21 of the Constitution, the following article shall be substituted, Substitution of namely:— new article for article 21. "21. (1) Every person shall have right to life and no person shall be deprived of his life Right to life or personal liberty except according to procedure established by law. and personal liberty. (2) The 'right to life' under clause(l) includes the right — (a) to live with human dignity, a decent and dignified life; (b) to privacy, private life, digital lifeworld, honor, reputation and image including right to compensation, restitution, satisfaction and guarantee of non- recurrence; (c) to a healthy environment, a just sustainable development and to digital Iifeworld without abuse; (d) to physical, mental and moral health and related scientific and technological aid; (e) to livelihood; (f) to housing and shelter; (g) to water, air, food, emergency medical aid and confidentiality; (h) to a fair and speedy trial and free legal aid; (i) of not to be driven out of a State and territory ofindia; (j) of the unborn and.the mother or the pregnant women; (k) of the undertrials and convicted persons; (l) to seek pardon or communication of the sentence; and (m) of not being forced to any scientific, genetic experiments without consent.232 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The Parliament may make laws to guarantee other provisions of right to life and personal liberty within the meaning and scope of this article if it is not provided in this article. (4) (a) Nothing in sub-clause (i) of clause (2) shall prevent the State to impose reasonable restrictions by law on the rights of those persons who are not citizens of India in the interests of sovereignty and integrity of India, the security of the State and friendly relations with foreign States. (b) Nothing in sub-clause (b) and (k) of clause (2) shall prevent the State to impose reasonable restrictions by law in the interests of the sovereignty and integrity of India, the security of State, public order, decency or morality, defamation, respect of the rights and reputation of others or incitement to an offence.". Substitution of 9. For article 21A of the Constitution, the following article shall be substituted, new article for namely:— article 21A. Right to "21A. (1) The State shall provide free and compulsory education to all children education. Right to of the age of four to sixteen years in such manner as the State may, by law, determine education. (2) The State shall impose liabilities on the juristic person, private educational institution or company for the progressive realization of right to education in such manner as the State may, by law, determine.". Amendment of 10. In article 22 of the Constitution,— article 22. (a) for clause (2), the following clauses shall be substituted, namely:— "(2) Every person who is arrested for allegedly committing an offence shall have the right — (a) to remain silent; (b) to be informed promptly of the reason for his arrest and provisions of law under which he is being arrested; (c) not to be compelled to make any confession or admission to the police that may be used in evidence against that person; and (d) to be released from detention if the interests of justice permit, subject to resonable conditions. (2A) Every person who is detained, shall have the right— (a) to be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate; (b) to be informed properly of the reason for being detained; (c) to choose, and to consult with, a legal practitioner and to be informed of such right promptly; (d) to have a legal practitioner at the State expense, if he satisfies the criteria to receive legal aid under the appropriate law or if substantial injustice may otherwise result and to be informed of such right promptly; (e) to challenge the lawfulness of the detention in person before a court and if the detention is unlawful, to be released; and (f) to conditions of detention that are consistent with human dignity, including at State expense, of adequate accommodation, nutrition, exercise,SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 233 reading material and medical treatment; and to communicate with, and be visited by that person's— (i) spouse or partner; (ii) next of kin; (iii) chosen medical practitioner; and (iv) chosen social, cultural or religious counsellor."; (g) after clause (7), the following clauses shall be inserted, namely:— "(7A) The Parliament may by law provide the procedures to be followed by the authorities while putting a person under preventive detention and protection of right to life of persons in detention. (7B) Any person who is wrongfully arrested or detained shall have right to compensation, restitution, rehabilitation, against any harm caused to such person by way of wrongful arrest or detention in such manner as the State may, by law, determine.". 11. In article 25 of the Constitution,— Amendment of article 25. (a) for the sub-heading, the following sub-heading shall be substituted, namely:— "Right to Freedom of Religion, Belief, Faith, Thought or Opinion": (b) for the marginal heading, the following marginal heading shall be substituted, namely:— "Freedom of conscience and free profession, practice and propagation of religion, belief, faith, thought or opinion." (c) in clause (1), for the words" freedom of conscience", the words "freedom of conscience, belief, faith, thought or opinion" shall be substituted; (d) in clause (2), for sub-clause (b), the following sub-clause shall be substituted, namely:— "(b) providing for social welfare and reform or throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus and of all other religious institutions of a public character to all classes and sections of people of those religions."; and (e) For Explanation II,the following Explanations shall be substituted, namely:— "Explanation II.—For the purpose of clause (2), sub clause (b),— (a) the reference to Hindus shall be constructed as a reference to persons professing only Hindu religion, and the reference to Hindu religious institutions shall be constructed accordingly; (b) the reference to other religious institutions shall be constructed as a reference to persons professing the Sikh, Jaina, Buddhist or any other religion. Explanation IIA.—Reference to belief shall be constructed as reference to the beliefs of indigenous people or similar beliefs and faiths of people.". (j) after clause (2), the following clauses and Explanation thereto shall be inserted, namely:— "(2A) Nothing in clauses (1) and (2) shall prevent any person from exercising the right to freely profess, practise and propagate his belief, faith, thought or opinion of being a atheist or non-religionist and such person shall have the right to state, and declare that he does not follow any religion.234 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2B) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law for notifying non-religion. (2C) The Right to freedom of conscience and to freely profess, practise and propagate of one's religion, belief, faith, thought or opinion shall include right to convert by lawful means. (2D) The right to freedom of conscience and right to freely profess, practise and propagate of one's religion, belief, faith, thought or opinion shall be subject to the fundamental human rights and freedoms other citizens as provided in this Part. (2E) The right to freedom of conscience and right to freely profess, practise and propagate of one's religion, belief, faith, thought or opinion shall not include the right to preach, profess or practise. the discrimination based on caste, varna, untouchability, descent, ethnicity, gender, geneticism, race, religion, creed or any such doctrine. Explanation.—The reference to non-religionist in clause (2A) shall not be constructed as religion not stated, or other religions; but as any person professing, practising and propagating "no religion".". Amendment 12. In article 26 of the Constitution, for clause (b), the following clause shall be of article 26. substituted, namely:— "(b) to manage its own affairs in matters of religion, belief, faith, thought or opinion;". Amendment 13. Article 27 of the Constitution shall be renumbered as clause (1) thereof and after of article 27. clause (1) as so renumbered, the following clause shall be inserted, namely:— "(1A) Nothing in clause (1) shall affect the operation of any existing law or prevent the State from making any law for levying reasonable taxes or charges for purposes as provided in this Part.". Amendment 14. In article 29 of the Constitution,— of article 29. (a) for the marginal heading, the following marginal heading shall be substituted, namely:— "Protection of rights of minorities." (b) after clause (2), the following clause shall be added, namely:— "(2A) The State shall make law and design other measures for the protection and promotion of language, script or culture of minorities.". Amendment 15. In article 31C of the Constitution,— of article 31C. (a) for the marginal heading, the following marginal heading shall be substituted, namely:— "Saving of laws giving effect to certain fundamental· human rights and freedoms or directive principles."; (b) for the words, "all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19", the words "all or any of the rights guaranteed in Part III or principles laid down in Part IV shall be deemed to be avoid on the ground that it is inconsistent with, or takes away or abridges or violates any of the rights guaranteed by article 14 or 19 or 21" shall be substituted. Amendment 16. In article 33 of the Constitution, in the marginal heading, for the word "conferred", of article 33. the word "guaranteed" shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 235 17. In article 34 of the Constitution, in the marginal heading, for the word "conferred", Amendment the word "guaranteed" shall be substituted. of article 34. 18. In article 164 of the Constitution:— Amendment of article 164. (a) for the proviso to clause (l), the following proviso shall be substituted, namely:— "Provided that in the States of Assam, Chhattisgarh, Gujarat, Goa, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Telangana and West Bengal there shall be a Minister in charge of tribal rights and welfare who may in addition be in charge of the rights and welfare of the Scheduled Castes and Backward Classes or any other work.". 19. In article 344 of the Constitution, in clause (3), for the words "persons belonging to Amendment the non-Hindi speaking areas", the words "persons belonging to indigenous people, minorities of article 344. and to the non-Hindi speaking areas" shall be substituted. 20. After article 366 of the Constitution, the following article shall be inserted, Amendment of namely:— article 366A. "366A. (1) There shall be a Commission for the protection, promotion, fulfilment National and realisation of fundamental human rights and freedoms to be known as the National Human Rights Commission. Human Rights Commission. (2) Subject to the provisions of any Jaw made in this behalf by Parliament, the Commission shall consist of — (a) a Chairperson, who has been a Chief Justice of the Supreme Court; (b) two Vice-Chairpersons who shall either be the Chairperson of National Commission of the Scheduled Castes or National Commission of the Scheduled Tribes or the National Commission of Backward Classes or the National Commission of Women; (c) six other Members to be appointed by the President may by rule determine. (3) The terms and conditions of service of office of the Chairperson, Vice-Chairperson and other Members shall be such as the President may by rule determine. (4) The Chairperson, Vice-Chairpersons and Members of the Commission shall be appointed by the President by warrant under his hand and seal. (5) The Commission shall have the power to regulate its own procedure. (6) It shall be the duty of the Commission — (a) to protect, promote and report on the human rights and fundamental freedoms; (b) to investigate, monitor and report on the commission, omission and observance of human rights and fundamental freedoms; (c) to examine the violations of human rights and fundamental freedoms by public officials, juristic persons, public and private companies, establishments and undertakings, organisations, non state actors and by individuals; (d) to inquire suo-motu on a petition presented to it by a victim or any person on his behalf into complaint of violation of human rights or abetment thereof and filing complaints in respect thereof with the competent courts; (e) to take steps to secure appropriate remedies where human rights and fundamental freedoms have been violated; (f) to review and recommend on the provisions of the Constitution, laws, policies and institutions that protect, promote, abridge or violate the human rights and fundamental freedoms;236 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (g) to study treaties, other international instruments and declarations on human rights and fundamental freedoms and make recommendations for their effective implementation; (h) to participate in all pre and post universal periodic reviews and recommend measures for their compliances; (i) perform such functions as a National Human Rights Institution in consonance with the standards set out by United Nations; (j) to participate and advice on the planning process of legislation, special measures for the fulfillment and realization of human rights and fundamental freedoms, including the socio-economic planning; (k) to undertake and promote human rights education and research in the field of human rights and fundamental freedoms; (l) to encourage the efforts of non-governmental organization and institutions working in the field of human rights; (m) to present to the President annually and at such other times as the Commission may deem fit, reports upon the working of human rights and fundamental freedoms; (n) to work on such other functions as it may consider necessary for the promotion of human rights. (7) The President shall cause all such reports to be laid before each House of Parliament, along with a memorandum explaining the action taken or proposed to be taken on the recommendat\ons and the reasons for non-acceptance, if any, of any such recommendations. (8) The Commission shall, while investigating any matter referred to in sub-clause (b), (c), (d) and (e) of clause (6), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any documents; (c) receiving evidence on affidavits; (d) requisitioning any public or copy thereof any court or office; (e) issuing commissions for the examination of witness and documents; (f) any other matter which the President may, by rule, determine. (9) The Union and every State Government shall consult the Commission on all major legislative, institutional and policy matters relating to human rights and fundamental freedoms.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 237 STATEMENT OF OBJECTS AND REASONS Having ratified the International Bill of Hurnan Rights viz. Universal Declaration of Human Rights, l 948; International Covenant on Civil and Political Rights, 1966; International Covenant on Economic, Social and Cultural Rights, 1966; and.other treaties like International Convention on the Elimination of All Forms of Racial Discrimination, 1965; Convention on the Elimination of All Forms of Discrimination Against Women, 1979; Convention on the Rights of the Child, 1989 [and optional protocol 25 may 2000 there under]; Convention on the Rights of Persons with Disabilities, 2006. Also ILO Convention No. 107 concerning Indigenous Tribal Populations Convention, 1957 and other conventions No. 29, 100, 105, 11 l, 138, 182 as ratified by Indian State, it becomes obligatory upon "Indian State" within the meaning and scope of articles 5 l(c) and 253 and entries 12 and 13 of Union List of the Seventh Schedule of the Constitution to make the provisions of human rights and fundamental freedoms an inalienable part of our Constitution The proposed Bill seeks to amend the Preamble to the Constitution, expand the nature and scope of rights and remedies and incorporate human rights of the people and citizens primarily in Part Ill of the Constitution. It also seeks to constitute the National Human Rights Commission and confer a constitutional Status to the Commission. It further enlarges the relation of human rights and fundamental freedoms where ever applicable including the digital, data and other technological rights with a view to make a milestone in the journey of rights and freedoms of the individual and the citizens in the fifth decade after ratification of International Bill of Human Rights. The Bill seeks to achieve the above objectives. NEW DELHI; THOL. THIRUMAAVALAVAN February 10, 2020.238 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 8 of the Bill provides for the right to physical, mental and moral health and related scientific and technological aid; livelihood; housing and shelter; water, air, food and emergency medical aid the fundamental right of every citizen. Clause 21 provides for the constitution of a National Human Rights Commission. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that the recurring expenditure of about rupees five hundred crore per annum would involve from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred crore is likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 239 BILL NO. 91 OF 2021 A Bill further to amend the Representation of the People Act, 1951. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the Representation of the People (Amendment) Act, 2021. Short title, extent and (2) It shall come into force on such date, as the Central Government may, by notification commencement. in the Official Gazette, appoint. 2. In section 2 of the Representation of the People Act, 1951 (hereinafter referred to as Amendment the principal Act), in sub-section (1),— of section 2. (a) after clause (e), the following clauses shall be inserted, namely:— "(e) "Fund" means the National Electoral Fund constituted under section 29CA;240 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (eb) "paper trail" means the printed paper slips generated by the printer attached to the electronic voting machines and collected in a drop box attached to it comprising the proof of voting to a particular candidate and political party;"; and (b) after clause (g), the following clause shall be inserted, namely:— "(ga) "public funding" means funding to the political parties and candidates out of the Fund;". Amendment 3. In section 8 of the principal Act, in sub-section (1), after clause (n), the following of section 8. clauses shall be inserted, namely:— "(o) the Protection of Human Rights Act, 1993 (10 of 1997); or (p) the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989),". Substitution of 4. For section 29B of the principal Act, the following section shall be substituted, new section namely:— for section 29B. Political "29B.(1) Subject to the provisions of any other law for the time being in force, a parties political party may accept an amount of contribution voluntarily offered to it by any entitled to person: accept contribution. Provided that where the amount of contribution exceeds rupees two thousand, it shall be accepted by political party only by cheque or electronic transfer and shall be reported in the annual statement of that financial year of such political party: Provided further that the total amount of contributions received in cash shall not exceed twenty per cent. of all voluntary contributions received by a political party: (2) No political party shall be eligible to accept any contribution from any company or corporation incorporated in India or abroad. (3) No political party shall be eligible to accept any contribution from any foreign source defined under clause (e) of section 2 of the Foreign Contribution (Regulation) Act, 1976 (49 of 1976). (4) If any political party receives any contribution in contravention of provisions of sub-sections (2) or (3), it shall be liable to remit the amount received as contribution and pay following amount of fine to the Election Commission— (a) one hundred per cent. of the amount received as contribution for first violation; (b) two hundred per cent. of the amount received as contribution for second violation; (c) three hundred per cent. of the amount received as contribution for third violation; and (d) four hundred per cent. of the amount received as contribution for every subsequent violation: Provided that if a political party fails to pay the amount of fine assessed by the Election Commission within three months, it shall be liable for an additional penalty of nine per cent. interest per annum on the amount of fine: Provided further that if a political party fails to remit the amount of fine assessed by the Election Commission in addition to any amount which is otherwise due, it shall be liable for a fine of — (a) thirty per cent. upto three months after the due date; (b) fifty per cent. upto six months after the due date;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 241 (c) seventy per cent. upto nine months after the due date; (d) one hundred per cent. upto one year after the due date: Provided that no fine shall be levied by the Election Commission without giving a reasonable opportunity of being heard to the office bearers of the political party concerned.". 5. In section 29C of the principal Act, for sub-section (1), the following sub- section Amendment of shall be substituted, namely:— section 29C. "(1) The treasurer of a political party or any other person authorized by the political party in this behalf shall, in each financial year, prepare a report in respect of the contributions received under sections 29B and 29CD.". 6. After PART IVA, the following PART and sections thereunder shall be inserted, Insertion of namely:— new Part IVB. "PART IVB NATIONAL ELECTORAL FUND 29CA. (1) The Central Government shall constitute a Fund to be known as the National Constitution Electoral Fund for the purpose of public funding to the political parties and candidates of National Electoral validly nominated by themfor the general elections to the House of People and Legislative Funds. Assembly of a State under the superintendence, direction and control of Election Commission, which shall be its custodian and exercise such power as conferred upon and perform the functions assigned to it under this Act. (2) The Fund shall be administered by an Authority consisting of — (a) the Chief Election Commissioner—Chairperson; (b) one Election Commissioner to be nominated by the Chief Election Commissioner—Vice-Chairperson; (c) Finance Minister of the Union Government—ex-officio member; (d) Leader of Opposition or the Leader of the single largest political party in opposition in the House of People—ex-officio member; (e) an officer of the Election Commission to be nominated by the Chief Election Commissioner—ex-officio member; (f) Finance Secretary to the Union Government—ex-officio member; (g) one leader of a political party in the House of People to be nominated by the Speaker—ex-officio member; (h) five members of the House of People representing the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes, minorities and woman members to be nominated by the Speaker-ex-officio members; and (i) Leader of Opposition or the Leader of the single largest political party in opposition in the Legislative Assemblies of States and Union territories—ex-officio members. (3) The term of office of the ex-officio members except the ex-officio members under clauses (e) and (f) of sub-section (2) shall be two years and the term of the members under clause (a), (b), (c) and (d) of sub-section (2) shall be five years. (4) Every decision of the Authority shall be taken by majority.242 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (5) The President may, by order, remove from office any member of the Authority if he— (a) is, or at any time has been, adjudged as an insolvent; or (b) has engaged at any time, during his term of office, in any paid employment; or (c) is unfit to continue in office by reason of infirmity of mind or body; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (e) has been convicted of an offence which, in the opinion of the President, involves moral turpitude. Contribution 29CB. (1) The Fund shall consists of contributions from any person, company to to the Funds. the Fund. (2) The Central Government and the State Governments shall also contribute to the Fund such sums of money, as may be prescribed. (3) No company including a foreign company which has been in existence for less than three financial years, shall be eligible to contribute to the Fund. (4) The aggregate of amount which may be contributed by a Company shall not exceed seven and half per cent. of its average net profit during the preceding financial year: Provided that no company shall be eligible to make contribution to the Fund unless a resolution to that effect has been passed by the Board of Directors of such company. (5) The Fund shall be allocated exclusively for the purpose of public funding of political parties and candidates nominated. Restriction on 29CC. (1) Notwithstanding anything contained in the Companies Act, 2013 contribution (18 of 2013), no company shall directly or indirectly contribute any amount to any by the political party either as donation or subscription or payment: companies. (2) If any company directly or indirectly,— (a) contributes any amount to any political party either as donation or subscription or payment caused to be given by the company on its behalf or from its account to a person who is carrying an activity which, at the time at which such donation or subscription or payment was made, is likely to affect public support for such political party; or (b) makes any payment for an advertisement in any publication either in print media or souvenir, brochure, tract, pamphlet or broadcast either in electronic or social media on behalf of any political party, shall be deemed to be a contribution made to a political party. (3) It shall be the responsibility of every company to disclose in its profit and loss Account giving particulars of the total amount contributed to any political party during the financial year to which that account relates. (4) If any company contributes any amount in contravention of the provisions of this Act, such company shall be liable to penalty which may extend upto five times the amount so contributed and every officer of the company in default shall be punishable with imprisonment for a term which may extend upto six months and fine which may extend upto five times the amount so contributed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 243 29CD.(1) Every political party registered under section 29A and nominating its Political candidates for contesting general elections shall be entitled to receive public funding parties and candidates to out of the Fund. receive public (2) The moneys to a political party shall be credited to a separate bank account funding. opened for the purpose of receiving such funding. (3) The moneys received from the Fund by a political party shall be utilized as follows:— (a) rupees three lakhs for every valid nomination filed by the candidate of a political party for contesting election to the House of People and rupees fifty thousand for contesting election to the Legislative Assembly of a State as election cost; (b) rupees fifty thousand for every valid nomination filed by the candidate of each political party for contesting election to the House of People and rupees twenty thousand for contesting election to the Legislative Assembly of a State as administrative cost: Provided that every expenditure above rupees five thousand and as received under clause (a) shall be made only through cheque or electronic transfer by the political party. (2) Every candidate nominated by the political party for contesting general elections and whose nomination papers are found valid after the expiry of date of withdrawal shall be entitled to receive public funding out of the Fund in a separate bank account as follows— (a) rupees hundred per vote polled in the last general election to the House of People or rupees twenty lakhs lumpsum whichever is higher and rupees fifty per vote polled in the last general elections to the Legislative Assembly of the State or rupees fifteen lakhs lumpsum whichever is higher; (b) rupees six lakhs as lumpsum for elections to the House of People and rupees three lakhs as lumpsum for elections to Legislative Assembly if the political party has nominated its candidates for first time: Provided that every expenditure above rupees one thousand as received under clauses (a) and (b) shall be made only through cheque or electronic transfer by the candidates. (3) For all payments made during election by the candidates, necessary bills and vouchers shall be obtained in respect of such payments and any amount so unused by the candidates after the day of counting and shall stand forfeited to the Fund: Provided that the political party shall be allowed to retain the administrative cost. 29CE. (1) Every political party shall maintain a statement of election expenditure Limitation of in such form and manner as may be notified by the Election Commission by order, in election expenses by respect of every constituency. political (2) The Election Commission shall before making any such order consult the parties. political parties. 29CF. If any political party fails to observe the limit imposed on the election Penalties on expenses during elections to the House of People or Legislative Assembly, as the case political parties for may be, the Election Commission shall by order, published in the Official Gazette, failure to impose a fine on such political party as under— observe limitations of (a) twenty per cent. of the amount spent in excess of the ceiling for first election. violation and reduction of twenty-five percentage in public funding to such political party;244 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) forty per cent. of the amount spent in excess of the ceiling for second violation and reduction of forty-five percentage in public funding to such political party; (c) eighty per cent. of the amount spent in excess of the ceiling for third violation and reduction of fifty percentage in public funding to such political party; (d) hundred per cent. of the amount spent in excess of the ceiling for fourth violation and reduction of sixty percentage in public funding to such political party; (e) two hundred per cent. of the amount spent in excess of the ceiling for fifth violation and reduction of eighty percentage in public funding to such political party; (f) stoppage of complete public funding to such political party for two subsequent general elections for the sixth violation; and (g) stoppage of complete public funding to the party and its candidates nominated for three subsequent general election for the seventh violation: Provided that no fine shall be imposed by the Election Commission without giving a reasonable opportunity of being heard to such political party to present its case: Provided further that the Election Commission may for reasons to be recorded in writing reduce the percentage of fine up to third violation but may not waive it off completely: Provided also that if any political party fails to remit the amount of fine within three months, the Election Commission may levy an additional penalty of one hundred per cent. on the amount of fine.". Substitution of 7. For section 39A of the principal Act, the following sections shall be substituted, new sections namely:— for section 39A. Allocation of " 39A. (1) Notwithstanding anything contained in any other law for the time fair and being in force, the Election Commission shall, allocate a fair and equitable sharing of equitable time to political parties on the cable television network operations and other electronic sharing time. media, both public and private, in such manner, as it may deem appropriate to display and propagate any matter in electronic form and to address public in connection with elections. (2) While allocating time under sub-section (1), the Election Commission shall take into consideration the performance of the political parties at the last general elections. (3) The allocation of fair and equitable sharing of time under sub-section (1) shall be made after the publication of list of contesting candidates and shall be valid till forty-eight hours before the hour fixed for poll for such election. (4) The cable television network, broadcasters, service providers and electronic media shall be paid adequate amount from the Fund for the purposes of sub-section (1). (5) The allocation of fair and equitable sharing of time to all political parties under sub- section (1) shall be binding on cable television operators, broadcasters, service providers and other electronic media.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 245 (6) The Election Commission may, for the purpose of this section, issue a code of conduct for cable operators, broadcasters, service providers and electronic media and every person managing or responsible for the management of the cable network or electronic media shall abide by such code of conduct. (7) Any violations of the order of the Election Commission shall be punishable under this Act with a fine— (a) upto rupees fifty lakhs for first violation; (b) upto rupees fifty lakhs for every subsequent violations; and (c) a maximum upto twenty five crores, and suspension of the licences: Provided that any fine if not paid within specified time shall attract an additional interest of nine per cent. per annum and a penalty upto one hundred per cent. (8) The fine recovered under sub-section (6) shall be credited to the Fund. Explanation.—For the purposes of this section,— (a) "electronic media" includes radio and any other broadcasting media notified by the Central Government in the Official Gazette; (b) "cable television network" and "cable operators" have the meanings respectively assigned to them under the Cable Television Network (Regulation) Act, 1995 (7 of 1995). 39AA. (1) Notwithstanding anything contained in any law for the time being in Advertisement force, the Election Commission shall notify subsidized rates of advertisements for rates and slots of political parties on cable television networks, electronic media, newspapers and advertisement, magazines and allocate a fair and equitable quota of time for advertisement on the etc. cable television network and other electronic media, both public and private. (2) Every political party contesting elections shall be eligible for availing facility of advertisement at subsidized rates. (3) Every broadcaster, cable television operator, service provider, other electronic media, newspaper and magazine shall abide by the orders of the Election Commission for the matter provided in sub-section (1). (4) If any broadcaster, cable operator, service provider or other electronic media violates the orders of the Election Commission such service provider shall be liable to pay— (i) a fine upto rupees fifty lakhs, or three times of the amount charged in excess, whichever is higher, for first violation; (ii) a fine upto rupees eighty lakhs, or four times of the amount charged in excess, whichever is higher for second violation; (iii) a fine of ten times the amount charged in excess for every subsequent violation thereafter. (5) If any newspaper or magazine violates the orders of the Election Commission, such newspaper or magazine shall be liable to pay— (i) a fine upto rupees five lakhs, or three times of the amount charged in excess, whichever is higher for first violation; (ii) a fine upto rupees ten lakhs, or four times of the amount charged in excess, whichever is higher for second violation;246 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (iii) a fine of rupees ten times of the amount charged in excess for every subsequent violation thereafter. (6) The Election Commission shall take into consideration the grades of broadcasters, cable operators, service providers, electronic media, newspapers and magazines for the purposes of notifying rates as specified in sub-section(1). (7) Every broadcaster, cable operator, service provider, electronic media, newspaper and magazine shall maintain such books of accounts, other documents and electronic record, as the Election Commission may direct, for the purposes of sub-sections (1), (2) and (3). Powers of the 39AB. (1) Where the Election Commission considers it expedient so to do for the Election purposes of this Act, it may, by order in writing,— Commission to call for (a) call upon any cable television network, broadcaster, service provider, information, other electronic media, newspaper and magazine to furnish such information or conduct explanation relating to its affairs as it may require; or investigations, etc. (b) appoint one or more persons to make an inquiry in relation to the affairs of any cable television network, broadcaster, service provider, other electronic media, newspaper and magazine; or (c) direct any of its officers or employees to inspect the books of accounts, other documents and electronic data of any cable television operator, broadcaster, service provider, other electronic media, newspaper and magazine. (2) Where any inquiry in relation to the affairs of a cable television network operator, broadcaster, service provider, other electronic media, newspaper or magazine has been undertaken under sub-section (1)— (a) every cable television operator, broadcaster, service provider, other electronic media, newspaper or magazine; or (b) every director, manager, secretary or other officer, if the cable operator, broadcaster, service provider, other electronic media, newspaper and magazine is a company; or (c) every partner, manager, secretary or other officer, if the cable operator, broadcaster, service provider, other electronic media, newspaper and magazine is a firm; or (d) every other person or body of persons who has had dealings in the course of business with any of the persons mentioned in clauses (a), (b) and (c); or (e) every authority, shall furnish to the Authority making the inquiry, all such books of accounts, other documents and electronic data in his custody or power relating to, or having a bearing on the subject-matter of such inquiry and also to furnish to the Authority with any such statement or information relating thereto, as the case may be, required by him, within such time as may be specified. (3) Every cable television operator, broadcaster and other electronic media shall maintain such books of accounts, other documents and electronic data as may be prescribed by the Election Commission. (4) The officer conducting the inquiry under sub-section (1) shall, for the purpose of such inquiry, have the same powers as vested in a Court under the Code of Civil Procedure, 1908 (5 of 1908), for trying a suit in respect of the following matters, namely — (a) enforcing the attendance of any person or examining him on oath;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 247 (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witness, and any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code (45 of 1860). (5) The officer conducting inquiry under sub-section (1) may, for the purposes of sub-section (4) of section 29B, section 29CF, sub-section (7) of section 39A or sub-section (4) of section 39AA,— (a) assess the amount of fine; and (b) issue an order for recovery of fine or penalty amount, as the case may be: Provided that if the person upon whom a written notice or order is served fails to present his case even after affording a reasonable opportunity the case shall be decided ex parte. (6) Every appeal against the order of an officer under sub-sections (1), (2) and (5) shall lie with a panel of two senior most officers of the Election Commission to be constituted by the Chief Election Commissioner in such manner as may be prescribed. (7) Every recovery of fine as assessed by the Election Commission shall be recovered by an officer authorized for the purpose. (8) The authorized officer under sub-section (7) shall— (a) recover the fine by issuing a notice to any person, who controls the finance of the cable network operator, broadcaster, service provider, other electronic media, newspaper or magazine or the political party to pay the sum; (b) recover the arrear, if any, by issuing a certificate under his signature specifying the amount of arrears to be recovered by the recovery officer, by initiating the proceedings to recover the amount therein from the cable network operator, broadcaster, service provider, electronic media, newspaper, magazine or the political party by one or more modes mentioned below:— (i) attachment and sale of the movable or immovable property of the establishment, or as the case may be, the employer; (ii) causing arrest or detention of the employer; (iii) appointing a receiver for the management of the movable or immovable properties: Provided that the attachment, any sale of any property under this section shall first be effected against 2the properties of the cable network operator, broadcaster, service provider, electronic media, newspaper, magazine or the political party and where such attachment and sale is insufficient for recovering the whole of the amount of arrear specified in the certificate, the recovery officer may take such proceedings against their property for recovery of the whole or any part of such arrears, as he may deem appropriate. (9) The recovery of arrears shall be proceeded with under this section as if it is recovery of arrears of taxes under the Income-Tax Act, 1961 (43 of 1961).248 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (10) An appeal against the orders of the panel of two senior most officers of the Election Commission under sub-section (6) shall lie to the High Court within sixty days from such order: Provided that the High Court shall decide the appeal within six months from the day of issue of such notice.". Amendment of 8. In section 58 of the principal Act, in sub-section (1), after clause (aa), the following section 58. clause shall be inserted, namely:— "(ab) voting machine and Voter Verifiable Paper Audit Trail (VVPAT) is tampered or hacked during the course of the recording of votes or upto the period of final counting.". Substitution of 9. For section 61A of the principal Act, the following section shall be substituted, new section for namely:— section 61A. Electronic "61A. (1) Notwithstanding anything contained in this Act, the giving and recording of Voting votes, and counting of votes by electronic voting machines in elections, in such manner as machines at may be prescribed, may be adopted in such constituency or constituencies as the Election elections. Commission may, having regard to the circumstances of each case, specify. (2) No elections by electronic voting machines shall be conducted in any constituency, if the electronic voting machines are not manufactured and maintained with such safety measures, as may be prescribed. (3) The election shall be conducted by ballot if the condition as laid down in sub-section (2) is not fulfilled. (4) The political parties shall have a right to verify and record their concerns at every stage of elections, which shall be taken into account by the Election Commission. Explanation.—For the purpose of this section, "electronic voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving, recording or counting of votes, and shall include a printer and drop box for recording votes and generating paper trails as valid proof of vote recorded, and any reference to a ballot box or ballot paper in this Act or rules made thereunder shall, save as otherwise provided, be construed as including a reference to such electronic voting machine whenever such electronic voting machine is used at any election.". Amendment of 10. In section 64A of the principal Act, in the marginal heading and in sub- section (1), section 64A. for the words "ballot papers", the words "ballot papers or electronic voting machine" shall be substituted. Amendment of 11. In section 75A of the principal Act, in sub-section(1), after clause (iii), the following section 75A. clause shall be inserted, namely:— "(iiia) conflict of interest;". Amendment of 12. In section 77 of the principal Act, in sub-section (1), in Explanation 1 after paragraph (b), section 77. the following paragraph shall be inserted, namely:— "(ba) the expenditure incurred from— (i) public funding money; (ii) money received by the candidate in cash or kind from political party; (iii) money received from interest groups, shall be deemed to be expenditure in connection with the election incurred or authorised by a candidate of that political party or his election agent for the purposes of this sub-section.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 249 13. After section 77 of the principal Act, the following section shall be inserted, Insertion of namely:— new section 77A. "77A. Every political party contesting elections shall submit to the Election Lodging of Commission a statement of account including the expenses made constituency-wise account by the political within sixty days from the date of counting in such manner as may be prescribed. party. 14. In section 78 of the principal Act,— Amendment of section 78. (a) after sub-section (1), the following proviso shall be added at the end, namely:— "Provided that the district election officer shall forward the account of election expenses to the Election Commission within sixty days from the date of election."; and (b) after sub-section (1), the following sub-section shall be inserted, namely:— "(1A) The Election Commission shall, within one hundred and twenty days from the date of election, compile the data in respect of all accounts of the election expenses lodged by the contesting candidates and all such data shall be uploaded on the website of Election Commission." 15. In section 78A of the principal Act,— Amendment of section (a) in sub-section (1), for the word, "Government", the words "Election 78A. Commission" shall be substituted; and (b) in sub-section (2), in clause (i), the words "the Central Government in consultation with" shall be omitted. 16. In section 78B of the principal Act,— Amendment of section (a) in sub-section (1), the words, "as the Central Government may, by order, 78B. determine in consultation with the Election Commission", shall be omitted; and (b) in sub-section (2), for the words "the Central Government may, in consultation with the Election Commission, impose conditions", the words " it may impose conditions" shall be substituted. 17. In section 81 of the principal Act, in sub-section (1), for the words "any elector", Amendment the words "any elector or Election Commission suo moto upon a preliminary inquiry" shall of section 81. be substituted. 18. In section 86 of the principal Act, in sub-section (7), the following proviso shall be Amendment inserted, namely:— of section 86. "Provided that if the trial is not concluded within six months, the petitioner shall be eligible to prefer an appeal to the Supreme Court.". 19. In section 100 of the principal Act, in sub-section (1), in clause (d) after sub-clause (iii), Amendment the following clauses shall be inserted, namely:— of section 100. "(iiia) by irregularities in electoral roll resulting in prevention of electors to vote in significant numbers, or (iiib) by expenses in excess of ceiling by the returned candidate, his election agent, or his political party, or". 20. In section 116C of the principal Act, after sub-section (1), the following proviso Amendment shall be inserted, namely:— of section 116C. "Provided that the Supreme Court shall dispose of the appeal as early as may be, but not later than three months from the date of entertaining such appeal shall be substituted.".250 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 21. In section 123 of the principal Act,— of section 123. (a) in sub-section (3) for the words "religious symbols", the words "religious symbols, slogans, customs, usages and rituals", shall be substituted; (b) in sub-section (3B) — (i) for the words "glorification", the words "glorification, propagation or practice of untouchability, racism, ethnicism or genecism", shall be substituted. (ii) for the Explanation, the following explanation shall be substituted; "Explanation.—For the purposes of this clause,— (a) "sati" and "glorification" in relation to sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987 (3 of 1988); (b) "untouchability" shall have the meanings respectively assigned to it in the Protection of Civil Rights Act, 1955 (22 of 1955); (c) "atrocities" shall have the meanings respectively assigned to it in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989); and (d) "racism", "ethnicism" and "genecism" shall have the meanings respectively assigned to it in the International Convention on the Elimination of All Forms of Racial Discrimination, 1965;"; and (e) after sub-section (4), the following sub-section shall be inserted, namely:— "(4A) The propagation of any corrupt practice by cable operators, broadcasters, service providers, other electronic media, newspapers and magazine as mentioned in clause (a) of sub-section (2) and sub-sections (3), (3A), (3B) and (4) for the furtherance of the prospects of election of any candidate or for prejudicially affecting the election of any candidate or a political party: Provided that unfair reporting of any corrupt practice by any cable operator, broadcaster, service provider, other electronic media, newspaper and magazine shall be deemed to be a corrupt practice; and (d) after sub-section (8), the following sub-sections be inserted, namely:— "(8A) The payment made to cable operator, broadcaster, service provider, other electronic media, newspapers or magazine by any candidate, or his election agent, or any other person with the consent of the candidate or his election agent or a political party for the furtherance of the prospect, or for prejudicially affecting the election of any candidate, or a political party: Provided that no legal expenses received under this Act, for the purpose of advertisement shall be deemed to be a corrupt practice committed by any cable operator, broadcaster, service provider, other electronic media, newspaper, and magazine. (8B) The broadcasting or publishing of any opinion or exit poll by any cable operator, broadcaster, service provider, other electronic media, newspaper or magazine without — (a) expenditure details and source of funding; or (b) credentials of the persons conducting such polls, and credentials of the agencies involved in opinion or exit poll; orSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 251 (c) methodology applied; or (d) sample size and its nature; or (e) dates of sample size and survey; or (f) margin of error, or other riders; or (g) other criterions as notified by the Election Commission from time to time: Provided that — (i) no opinion poll shall be broadcasted before two months of the date of first poll of general elections; (ii) no exit poll shall be broadcasted from the date of voting to a period before two days, of final counting of general elections.". 22. In section 126 of the principal Act, in sub-section (1), after clause (c) the following Amendment clause shall be inserted, namely:— of section 126. "(ca) broadcast or publish any election matter in the form of interviews, opinions, clippings, election symbols, themes of any candidate or their election agent or political party by means of television, internet protocol, newspapers, magazines or any other means,". 23. In section 130 of the principal Act,— Amendment of section (a) in sub-section (1),— 130. (i) for the words, "one hundred meters", the words "one hundred and fifty meters" shall be substituted; and (ii) after clause (e), the following clause shall be inserted, namely:— "(ea) causing public nuisance, abetting commission of an offence by way of broadcast or publishing any matter relating to election in the form of interviews to the public; or (eb) rendering, joining or continuing in an unlawful assembly;"; and (b) in sub-section (2) for the words, " two hundred and fifty rupees" , the words "one thousand rupees" shall be substituted. 24. In section 131 of the principal Act, in sub-section (3), after the words "polling Amendment station", the words "or district election officer, observer, returning officer, assistant returning of section 131. officer, polling officer or any other officer appointed for the conduct of election", shall be inserted. 25. In section 135 of the principal Act, in sub-section (1), for the words "a ballot paper Amendment out of a polling station", the words "ballot paper or electronic voting machine out of polling of section 135. station or attempts to hack or tamper the electronic voting machine" shall be substituted. 26. In section 135A of the principal Act,— Amendment of section (a) in sub-section (1),— 135A. (i) for the words, "booth capturing", the words "booth capturing or hacking or tampering electronic voting machine" shall be substituted; and (ii) in the Explanation, after paragraph (d), the following paragraph shall be inserted, namely:— "(da) hacking or tampering the electronic voting machines by any person or persons so as to affect the outcomes of elections fraudulently.".252 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 27. In section 136 of the principal Act, in sub-section (1), after clause (g), the following of section clause shall be inserted, namely:— 136. "(ga) fraudulently hacks or attempts to hack or tamper the electronic voting machines.". Amendment 28. In section 169 of the principal Act, in sub-section (2),— of section (a) after clause (bb), the following clauses shall be inserted, namely:— 169. "(bba) the regulation of rates of advertisements for the electronic and print media; (bbb) the manner in which opinion and exit polls to be regulated;"; (b) for clause (gg), the following clause shall be substituted, namely:— "(gg) the procedure as to counting of votes, and of paper trails recorded and printed by printer attached to the electronic voting machines"; and (c) after clause (hh), the following clause shall be inserted, namely:— "(hha) the manner and time in which the public funding to the political parties, and candidates is given, and procedures to be followed for maintaining account of expenditure; and (hhb) the guidelines to be followed by the cable television network operators, broadcasters, service providers, other electronic media, newspapers and magazines.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 253 STATEMENT OF OBJECTS AND REASONS Having ratified the International Bill of Human Rights viz. Universal Declaration of Human Rights, 1948; International Covenant on Civil and Political Rights, 1966; International Covenant on Economic, Social and Cultural Rights, 1966; and other treaties like International Convention on the Elimination of All Forms of Racial Discrimination, 1965; Convention on the Elimination of All Forms of Discrimination Against Women, 1979, it becomes obligatory upon the State to make necessary changes in our electoral system and outcomes. Signing of Inter Parliamentary Union (IPU) Declarations by India of which she is a member on Free and Fair Elections (Paris Declaration 1994) and Universal Declaration on Democracy (Cairo Declaration 1997) and the various resolutions adopted by United Nations General Assembly, it becomes necessary that the best practices and designs in the electoral system and outcomes across the world be incorporated in our electoral system. The letter and spirit of our great Constitution which enshrines Justice, Liberty, Equality and Fraternity assuring the dignity of individual has made these long standing 'comprehensive electoral reforms' overdue. There have been seven to eight reports from Goswami Committee (1990), Vohra Committee (1993), Indrajit Gupta Committee (1998), 170th Law Commission Report (1999) and 255th Report (2015), ECI proposed Electoral Reforms (2004), 2nd Administrative Reforms Commission Report (2008) pending consideration, with considered advice of political parties and civil society associations. The Bill intends to bring in "electoral system, laws, methods, process and outcomes" with an objective to realise the principle of our Parliamentary Democracy. The Bill, therefore, seeks to amend the Representation of the People Act, 1950 with a view to:— (a) constitute a National Electoral Fund for provisions for public funding to political parties and candidates; (b) ensure fair media regulation and equitable access for political parties and candidates for advertisements relating to elections; (c) provide for ceiling on expenditures of political parties and third party interest groups; (d) empower the Election Commission to call for information and conduct of investigations in certain matters of media regulation and imposing fines thereto; (e) empower the Election Commission to impose penalty on political parties for failure to adhere to expenditure limit during elections; and (f) provide for political parties to lodge account with the Election Commission regarding expenses incurred in the elections. The Bill seeks to achieve the above objectives. NEW DELHI; THOL. THIRUMAAVALAVAN February 11, 2020.254 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— PRESIDENT'S RECOMENDATION UNDER ARTICLE 117(3) OF THE CONSTITUTION [ Copy of DO Letter No. 11018/02/2020-Leg.II dated 9 September, 2021 from Prof. S.P. Singh Baghel, Minister of State for Law and Justice to the Secretary General, Lok Sabha]. The President, having been informed of the subject matter of the Representation of the People (Amendment) Bill, 2021 (Amendment of section 2, etc.) by Dr. Thol. Thirumaavalvan, M.P., Lok Sabha, recommends the consideration of the Bill in Lok Sabha under article 117(3) of the Constitution. ————— FINANCIAL MEMORANDUM Clause 6 of the Bill vide proposed section 29CA provides for the constitution of a National Electoral Fund for the purpose of public funding to the political parties and candidates validly nominated by them for the general elections to the House of People and Legislative Assembly or a State. It also vide proposed section 29CB provides that the Fund shall constitute contributions from the Central Government and the State Governments. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. However, it is estimated that a recurring expenditure of about rupees one hundred crore would be involved from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 6 of the Bill vide proposed section 29CA empowers the Central Government to make rules regarding the proposed National Electoral Fund for carrying out the purposes of the Bill. It also vide proposed clause 28 empowers the Central Government to make rules regarding regulation of rates of advertisements for the electronic and print media. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 255 BILL NO. 88 OF 2021 A Bill further to amend the University Grants Commission Act, 1956. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the University Grants Commission (Amendment) Short title and Act, 2021. commencement. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.256 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Insertion of 2. After section 22 of the University Grants Commission Act, 1956, the following 3 of 1956. new section section shall be inserted, namely:— 22A. Apprenticeship "22A. (1) Notwithstanding anything contained in any other law or regulation Embedded for the time being in force, no University shall be prohibited from— Programme under Open (a) offering Apprenticeship Embedded Programmes under Open and and Distance Distance Learning or online mode; and Learning and online mode. (b) collaborating with private institutions with the objectives of utilising their resources for offering Apprenticeship Embedded Programme under Open and Distance Learning or online mode. (2) Any University offering Apprenticeship Embedded Programme under Open and Distance Learning or online mode shall regulate the attendance and assessment of such programme in such manner as it may deem appropriate.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 257 STATEMENT OF OBJECTS AND REASONS The Government of India notified University Grants Commission (Open and Distance Learning Programmes and Online Programmes) Regulations, 2020 on September 4, 2020 under the powers conferred by sub-sections (1) and (2) of section 26 read with clause (j) of section 12 of the University Grants Commission Act, 1956 (3 of 1956) to regulate the programmes under Open and Distance Learning (ODL) mode and online mode. The Regulations conferred the University Grants Commission (UGC) the responsibility to regulate the online and distance programmes by the Indian Universities. However, many of these regulations are proving restrictive in the expansion of Higher Education and limits their ability to embed employability into Higher Education Degree Programmes. Given the fact that the Government aims to increase Gross Enrollment Ratio in Higher Education to above 50% (as specified in National Education Policy), opening up of apprenticeship embedded programmes under online and distance education mode would prove crucial in achieving this goal. The need is to create an ecosystem that will provide employable higher education to the aspiring youth and create an employer funded education model. The present Bill seeks to liberalise apprenticeship embedded education to allow all universities to offer online degree apprenticeship programmes, in which students 'earn while learning' and 'learn by doing'. Under these programmes, the students are given monthly stipends and get on-the-job training, learning and mentoring. Therefore, these degree apprenticeship programmes will not only help to increase Gross Enrollment Ratio in higher education but also increase the employability of the students. Hence this Bill. NEW DELHI; RAJENDRA AGRAWAL March 5, 2021.258 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 135 OF 2021 A Bill to prohibit discrimination against individuals suffering from hepatitis and lay down guidelines for its control and management and for matters connected therewith. WHEREAS there is an immediate need for a legislation to prevent discrimination against the individuals suffering from hepatitis particularly hepatitis C and hepatitis B; AND WHEREAS hepatitis is the biggest cause of deaths in India after tuberculosis and is responsible for about two lakh deaths in India each year; AND WHEREAS the United Nations Sustainable Development Goal 3.3 states "By 2030, end the epidemics of AIDS, tuberculosis, malaria and neglected tropical diseases and combat hepatitis, water-borne diseases and other communicable diseases; AND WHEREAS the World Health Organisation drafted the Global Viral Hepatitis Strategy to reduce the number of deaths by sixty-five per cent. and increase treatment rates from one per cent. to eighty per cent;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 259 AND WHEREAS the Republic of India, being a signatory to the aforesaid Declarations, it is expedient to give effect to the said Declaration. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Hepatitis (Prevention of Discrimination and Central) Short title, Act, 2021. 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. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "discrimination" means any act or omission which directly or indirectly, expressly or by effect, immediately or over a period of time,— (i) imposes any burden, obligation, liability, disability or disadvantage on any person or category of persons, based on one or more hepatitis-related grounds; or (ii) denies or withholds any benefit, opportunity or advantage from any person or category of persons, based on one or more hepatitis-related grounds, and the expression "discriminate" to be construed accordingly; (b) "guidelines" means any statement or any other document issued by the Central Government indicating policy or procedure or course of action relating to Hepatitis to be followed by the Central Government, State Governments, governmental and non-governmental organisations and establishments and individuals dealing with prevention, control and treatment of hepatitis or Acquired Immune Deficiency Syndrome (AIDS); (c) "healthcare provider" means any individual whose vocation or profession is directly or indirectly related to the maintenance of the health of another individual and includes any physician, nurse, paramedic, psychologist, counsellor or other individual providing medical, nursing, psychological or other healthcare services including hepatitis prevention and treatment services; (d) "hepatitis" refers to inflammation (swelling) of the liver caused due to viral infection or exposure to harmful substances such as alcohol and toxic substances; (e) "hepatitis affected person" means an individual whose hepatitis test has been confirmed positive; (f) "hepatitis B" refers to the inflammation of liver caused by the hepatitis B virus found in blood and body fluids such as semen and vaginal fluids caused generally during unprotected sex with infected person or by unsafe injections; (g) "hepatitis C" refers to the inflammation of liver caused by the hepatitis C virus found in the blood and to a much lesser extent in the saliva, semen or vaginal fluid of an infected person, particularly concentrated in the blood, usually transmitted through blood-to-blood contact;260 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (h) "informed consent" means consent given by any individual or his representative specific to a proposed intervention without any coercion, undue influence, fraud, mistake or misrepresentation and such consent obtained after informing such individual or his representative, as the case may be, such information, as specified in the guidelines, relating to risks and benefits of, and alternatives to, the proposed intervention in such language and in such manner as understood by that individual or his representative, as the case may be; (i) "notification" means a notification published in the Official Gazette; (j) "prescribed" means prescribed by rules made under this Act; (k) "significant-risk" means— (i) the presence of significant-risk body substances; (ii) a circumstance which constitutes significant-risk for transmitting or contracting hepatitis infection; or (iii) the presence of an infectious source and an uninfected person. Explanation. — For the purpose of this clause, — (i) "significant-risk body substances" are blood, blood products, semen, vaginal secretions, breast milk, tissue and the body fluids, namely, cerebrospinal, amniotic, peritoneal, synovial, pericardial and pleural; (ii) "circumstances which constitute significant-risk for transmitting or contracting hepatitis in fection" are — (a) sexual intercourse including vaginal, anal or oral sexual intercourse which exposes an uninfected person to blood, blood products, semen or vaginal secretions of a hepatitis-positive person; (b) sharing of needles and other paraphernalia used for preparing and in jecting drugs between hepatitis-positive persons and uninfected persons; (c) the gestation, giving birth or breast feeding of an infant when the mother is a hepatitis-positive person; (d) transfusion of blood, blood products, and transplantation of organs or other tissues from a hepatitis-positive person to an uninfected person, provided such blood, blood products, organs or other tissues have not been tested conclusively for the antibody or antigen of hepatitis and have not been rendered non-infective by heat or chemical treatment; and (e) other circumstances during which a significant-risk body substance, other than breast milk, of an hepatitis-positive person contacts or may contact mucous membranes including eyes, nose or mouth, non intact skin including open wounds, skin with a dermatitis condition or abraded areas or the vascular system of an uninfected person, and including such circumstances not limited to needle -stick or puncture wound injuries and direct saturation or permeation of these body surfaces by the significant-risk body substances: Provided that "significant-risk" shall not include— (i) exposure to urine, faeces, sputum, nasal secretions, saliva, sweat, tears or vomit that does not contain blood that is visible to the naked eye;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 261 (ii) human bites where there is no direct blood to blood, or no blood to mucous membrane contact; (iii) exposure of intact skin to blood or any other blood substance; and (iv) occupational centers where individuals use scientifically accepted Universal Precautions, prohibitive techniques and preventive practices in circumstances which would otherwise pose a significant-risk and such techniques are not breached and remain intact; (l) "State Government ", in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution; and (m) "surveillance" means monitoring development of hepatitis cases, particularly during an outbreak. CHAPTER II PROHIBITION OF CERTAIN ACTS 3 . No person shall discriminate against any individuals diagnosed with hepatitis on Prohibition or ground including any of the following , namely :— discrimination. (a) unfair treatment in, or in relation to employment or occupation ; (b) denial or discontinuation of, or unfair treatment in, healthcare services ; (c) denial or discontinuation of, or unfair treatment in educational, establishments and services thereof ; (d) denial or discontinuation of, or unfair treatment with regard to, access to, or provision or enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public, whether or not for a fee, including shops, public restaurants, hotels and places of public entertainment or the use of wells, tanks, bathing ghats, roads, burial grounds or funeral ceremonies and places of public resort; (e) denial, or, discontinuation of, or unfair treatment with regard to, the right of movement; (f) denial or discontinuation of, or, unfair treatment with regard to, the right to reside, purchase, rent, or otherwise occupy, any property; (g) denial or discontinuation of, or, unfair treatment in, the opportunity to stand for, or, hold public or private office; (h) denial of access to, removal from, or unfair treatment in, Government or private establishment in whose care or custody a person may be; (i) denial of, or unfair treatment in, the provision of insurance unless supported actuarial studies; and (j) isolation or segregation of a protected person . 4. No person shall face termination from employment or occupation, unless, in the case Protection of termination, the person, who is otherwise qualified, is furnished with— from termination. (i) a copy of the written assessment of a qualified and independent healthcare provider competent to do so that such protected person poses a significant risk of transmission of hepatitis to other person in the workplace, or is unfit to perform the duties of the job; and (ii) a copy of a written statement by the employer stating the nature and extent of administrative or financial hardship for not providing him reasonable salary and employment.262 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Prohition of 5. No person shall, by words, either spoken or written, publish, propagate, advocate certain Act. Prohibition or communicate by signs or by visible representation or otherwise the feelings of hatred against any protected persons or group of protected person in general or specifically or disseminate, broadcast or display any information, advertisement or notice, which may reasonably be construed to demonstrate an intention to propagate hatred or which is likely to expose protected persons to hatred, discrimination or physical violence. CHAPTER III TESTING AND INFORMED CONSENT Informed 6. (1) No person shall be subjected to undergo testing for hepatitis except with the consent for informed consent in writing of the person or his representative in such manner as may be testing and specified in the guidelines. treatment of hepatitis. (2) The informed consent for hepatitis shall include pre-test and post-test counselling to the person being tested or such person's representative in the manner as may be specified in the guidelines. Exception to 7. The informed consent for conducting a hepatitis test shall not be required— informed consent for (a) where a court determines, by an order that the carrying out of the hepatitis hepatities test of any person either as part of a medical examination or otherwise, is necessary for test. the determination of issues in the matter before it; (b) for procuring, processing, distribution or use of a human body or any part thereof including tissues, blood, semen or other body fluids for use in medical research or therapy: Provided that where the test results are requested by a donor prior to donation, the donor shall be referred to a counselling and testing centre and such donor shall not be entitled to the results of the test unless he has received post-test counselling from such centre; (c) for epidemiological or surveillance purposes where the hepatitis test anonymous and is not for the purpose of determining the hepatitis status of a person: Provided that persons who are subjects of such epidemiological or surveillance studies shall be informed of the purposes of such studies ; (d) for screening purposes in any licensed blood bank; (e) if it relates to statistical or other information of a person that may not reasonably be expected to lead to the identification of that person; and (f) for the officers of the Central Government or the State Government as specified in the guidelines, for the purposes of monitoring , evaluation or supervision. CHAPTER IV DUTY TO PREVENT TRANSMISSION Duty to 8. (1) Every person, living with hepatitis and who has been provided adequate prevent counseling in accordance with the guidelin es issued or is aware of the nature of hepatitis transmission. and its transmission, shall take all reasonable precautions to prevent the transmission of prevent transmission hepatitis to other persons which may include adopting strategies for the reduction of risk or informing in advance his hepatitis status before any sexual contact with any person or with whom need les are shared with:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 263 Provided that the provisions of this section shall not be appl ic able to· prevent transmission through sexual contact in the case of a woma n, where there is a reasona ble apprehension that such information may result in violence , abandonment or actions which may have a severe neg ative effect on the physical or mental hea lth or safety of such woma n, her children, her relatives or someone who is close to her. CHAPTER V DUTIES OF CENTRAL AND STATE GOVERNMENTS 9. The Central Government and every State Government shall, as the case may be, take Vaccination for all such means as deems necessary and expedient for vaccinating a specified percentage of hepatitis B. the population with hepatitis B vaccine prescribed under the guidelines to achieve the target of a ninety per cent reduction in hepatitis cases by the year 2030 as outlined in the World Health Organisation Global Health Sector Strategy on Viral Hepatitis 2016-2021 to which India is a signatory. 10 . The Central and every State Government shall, for the purpose of this Act,— Duties of the Central (a) provide subsidised and free hepatitis medicines, treatment at reduced cost; Government and State (b) establish screening centres for conducting hepatitis tests at subsidised rate; Governments. (c) undertake active screening of the most vulnerable groups; (d) run information campaigns to make the general public aware of hepatitis to prevent discrimination against patients and cultivate empathy towards those who suffer from it; (e) ensure safe drinking water, hygiene and sanitary toilets to prevent the occurrence of an outbreak; (f) provide counselling and support to patients post-testing and treatment at all stages of testing and treatment and adequ ate institutional support and financial allocation for the same; and (g) such other measures as they deem fit for carrying out the purpose of this Act. 11. The Central Government shall, after due appropriation made by Parliament by law Central in this behalf, provid e adequ ate funds for carrying out the purposes of this Act. Government to provide funds. CHAPTER VI MANAGEMENT AND CONTROL 12 . (1) The Central Government shall establish a Viral Hepatitis Control Organisation Establishment as a separate department under the Union Ministry of Health and Family Welfare to monitor, of Viral Hepatitis oversee and implement the provisions of this Act. Control (2) The Organisation established under sub- section (I) shall,— Organisation. (a) conduct hepatitis vaccin ation programme throughout the country; (b) monitor treatment of hepatitis carried out by the local, State or Central authority under this Act; and (c) lay out standard treatment protocols for all the stakeholders involved in the prevention, diagnosis and treatment of hepatitis . 13. The Central Government and every State Government shall establish a Monitoring Establishment Unit under their respective jurisdiction for monitoring, information gathering and management of Monitoring of cases of hepatitis including timely administration of vaccines while ensuring minimal Unit. vaccine wastage.264 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Establishment 14. The Central Government and every State Government shall establish Establishment of District District Diagnostic Centres in each district within their jurisdiction to conduct hepatitis viral Diagnostic load testing and strengthen routine immunization services to achieve and sustain the desired Centres. coverage of the timely birth dose followed by three doses of hepatitis B vaccine in such manner as may be prescribed. Maintenance 15. The Central Government and every State Government shall, in coordination with of Online the National Viral Hepatitis Surveillance Program, establish and maintain an online reporting Dashboard. dashboard for swift data sharing, transparency and data management of the hepatitis cases, vaccination and treatment. Grievance 16. The Central Government and every State Government shall establish a grievance redressal redressal mechanism for the disposal of cases wherein patients face denial of treatment in mechanism. such manner as may be prescribed. Appointment 17. (1) Every State Government shall appoint one or more Ombudsman,— of Ombudsman. (a) possessing such qualification and experience as may be prescribed, or (b) designate any of its officers not below such rank, as may be prescribed, by that Government, to exercise such powers and discharge such functions, as may be conferred on Ombudsman under this Act. (2) The Salary and allowance payable to and other terms and conditions of service of ombudsman appointed under sub-section (1) shall be such as may be prescribed. Powers of 18. (1) The Ombudsman shall, upon a complaint made by any person, inquire into Ombudsman. Powers of the violations of the provisions of this Act, in relation to acts of discrimination mentioned in section 3 and providing of healthcare services by any person, in such manner as may be prescribed by the State Government. (2) The Ombudsman may require any person to furnish information on such points or matters, as he considers necessary, for inquiring into the matter and any person so required shall be deemed to be legally bound to furnish such information and failure to do so shall be punishable under sections 176 and 177 of the Indian Penal Code, 1860. 45 of 1860. (3) The Ombudsman shall maintain records in such manner as may be prescribed by the State Government. Time frame for 19. All complaints registered by the Ombudsman shall be disposed of within a limited complaints. time frame as may be prescribed: Provided that the adjudicating authority may prescribe a shorter period for disposal of complaints wherein delay may lead to irreversible damage to health or the ability of the complainant to receive the treatment or vaccine. Orders of 20. The Ombudsman shall, within a period of thirty days of the receipt of the Orders of Ombudsman. complaint under sub-section (1) of section 18 and after giving an opportunity of being heard to the parties , pass such an order, as he deems fit, giving reasons therefor: Provided that in cases of medical emergency of individuals infected with hepatitis, the Ombudsman shall pass such an order as soon as possible, preferably within twenty-four hours of the receipt of the complaint. Authorities to 21. All authorities including the civil authorities functioning in the area for which the assist the Ombudsman has been appointed under section 17 shall assist in the execution of orders Ombudsman. passed by the Ombudsman .SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 265 22. The Ombudsman shall, after every six months, report to the State Government, the Report to the number and nature of complaints received, the action taken and orders passed in relation to State Government. such complaints and such report shall be published on the website of the Ombudsman and a copy thereof be forwarded to the Central Government. CHAPTER VII SPECIAL PROVISIONS 23. (1) The Central Government shall, by notification, prescribe the category of the Priority for population that belongs to the high-risk population and ensure their protection and treatment. high-risk population (2) For the purpose of sub-section (1), the appropriate Government shall,— (a) undertake Targeted Interventions (TI) to prevent and reduce infections among high-risk populations including female sex workers (FSW), men who have sex with men (MSM), transgender (TG) and people who inject drugs (PWID) including migrants and truckers; and (b) ensure vaccination amongst high-risk populations; (c) undertake screening and management of hepatitis in prisons and other vulnerable areas and population; and (d) ensure mandatory immunization of all healthcare workers. 24. (1) The Central Government and every State Government shall develop the capacities Training and of healthcare workers involved in the prevention, management and control of hepatitis Capacity Building. through the training and capacity building programme in such manner as may be prescribed. (2) The training and capacity building under sub-section (1) shall,— (a) ensure trainings to operationalize State reference laboratories and Model Treatment Centres within one year of the commencement of this Act; (b) develop capacities of State for the training of personnel at the district laboratories and treatment centres; (c) develop IT-driven institutional mechanisms for offering online counselling and courses to personnel at all levels including through tele- consultation wherever required; and (d) develop capacities of functionaries in Community Health Centre, Primary Health Centre and Health and Wellness Centre (CHC, PHC and HWCs) to implement diagnostic and treatment support protocol appropriate at that level. CHAPTER VIII PENALTIES 25. Notwithstanding any action that may be taken under any other law for the time Penalty for contravention. being in force, whoever contravenes the provisions of section 5 shall be punished with imprisonment for a term not less than three months but which may extend upto two years and with fine which may extend upto one lakh rupees, or with both. 26. Whoever fails to comply with any order given by an Ombudsman within such time Penalty for as may be specified in such order, shall be liable to pay a fine which may extend to ten failing to comply with thousand rupees and in case the failure continues, with an additional fine which may extend order of to five thousand rupees for every day during which such failure continues. Ombudsman.266 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER IX MISCELLANEOUS Act to have 27. The provisions of this Act shall have effect notwithstanding anything inconsistent overriding therewith contained in any other law for the time in force or in any instrument having effect effect. by virtue of any law other than this Act. Protection of 28. No suit, prosecution or other legal proceedings shall lie against the Central action taken Government, the State Government, the Central Government or the State Government in good faith. Ombudsman or any member thereof or any officer or other employee or person acting under the direction either of the Central Government , the State Government, the Central Government, or Ombudsman in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules or guidelines made thereunder or in respect of the publication by or under the authority of the Central Government, the State Government, the Central Government or the State Government Ombudsman . Delegation or 29. The Central Government and State Government, as the case may be, may, by powers. general or special order, direct that any power exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be mentioned in the order, be exercisable also by an officer subordinate to that Government or the local authority. Power to 30. 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, not difficulty. inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of the period of two years from the date of commencement ofthis Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. Power of 31. (1) The Central Government may, by notification in the Official Gazette, make rules Central for carrying out the purposes of this Act. Government to make rules. (2) Every rule made under this section 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. Power of State 32. (1) The State Government may, by notification, make rules for carrying out the Government provisions of this Act. to make rules. (2) Every rule made by the State Government under this Act shall be laid, as soon as may be, after it is made before the Legislature of that State.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 267 STATEM ENT OF OBJECTS AND REASONS Hepatitis is one of the biggest public health challenges in India. It is estimated that hepatitis is the biggest cause of deaths in India after tuberculosis and is responsible for about two lakh deaths in India each year. Due to a lack of a robust monitoring system, the actual damage is not yet known. Eliminating viral hepatitis requires sustained action and commitment. The goal of eliminating viral hepatitis thus needs to be executed under a constitutional body. Hepatitis is also a silent disease as more than eighty per cent. of the individuals suffering from hepatitis do not know about it until it has caused significant damage. A person may be healthy and remain asymptomatic for years until it leads to severe liver damage. India is on a mission to eliminate it as a public health threat. The central legislation on the subject may play a central role in achieving this goal. India is also a signatory to the Sustainable Development Goals and the Global Viral Hepatitis Strategy drafted by the World Health Organisation that aims to significantly reduce viral Hepatitis by the year 2030. A vision of a world where viral hepatitis transmission is halted and everyone living with viral hepatitis has access to safe, affordable and effective care and treatment. The need is to ensure that no person suffering from hepatitis is discriminated and there must be a grievance redressal mechanism to check discrimination, if any. Prevention of discrimination is a necessary component in fighting hepatitis as it affects treatment and recovery. Providing an enabling environment for individuals affected with the disease and their families for social participation and care-seeking is also required. Generating awareness and eliminating stereotypes also affect the willingness of people to get tested and diagnosed. Such legislation exists in the case of Human Immunodeficiency virus and Acquired Immunodeficiency syndrome but not for hepatitis, exclusively. The need of the hour is to build upon the existing schemes of the Government and recommend a flexible and decentralised management structure with efficient management and control, robust monitoring and evaluation framework to eradicate the epidemic. It is also required to recommend certain duties of the Central Government and every State Government to incentivise community participation in India's battle against hepatitis. Hence this Bill. NEW DELHI; RAJENDRA AGRAWAL August 26, 2021.268 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 9 of the Bill provides that the Central Government and every State Government to take all such means as deems necessary and expedient for vaccinating a specified percentage of the population with hepatitis B vaccine prescribed under the guidelines to achieve the target of a ninety percent. reduction in hepatitis cases by the year 2030. Clause 10 provides for the Central Government and every State Government to provide subsidised and free hepatitis medicine, treatment at reduced cost, etc. Clause 11 provides for the Central Government to provide funds. Clause 12 provides for the Central Government to establish a Viral Hepatitis Control Organisation as a separate department under the Union Ministry of Health and Family Welfare to monitor, oversee and implement the provisions of this Act. Clause 13 provides for the Central Government and every State Government to establish a Monitoring Unit under their respective jurisdiction for monitoring, information gathering and management of cases of hepatitis including timely administration of vaccines while ensuring minimal vaccine wastage. Clause 14 provides for the Central Government and every State Government to establish District Diagnostics Centres in each district within their jurisdiction to conduct hepatitis viral load testing and strengthen routine immunization services to achieve and sustain the desired coverage of the timely birth dose followed by three doses of hepatitis B vaccine. Clause 15 provides for the Central Government and every State Government to establish and maintain an online reporting dashboard for swift data sharing , transparency and data management of the hepatitis cases, vaccination and treatment in coordination with the National Viral Hepatitis Surveillance Program. Clause 16 provides for the Central Government and every State Government to establish a grievance redressal mechanism for the disposal of cases wherein patients face denial of treatment. Clause 17 provides for the appointment of Ombudsman by the State Governments. The expenditure in respect of States shall be met out of the Consolidated Funds of the State Government concerned. The expenditure in respect of Union territories shall be borne by the Central Government. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees thirty thousand crore would involve from the Consolidated Fund of India. A non-recurring expenditure of about rupees twenty thousand crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 31 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. Clause 32 empowers the State Government to make 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 269 BILL NO. 11 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 (2) It shall come into force on such date, as the Central Government may, by notification commencement. in the Official Gazette, appoint. 2. After article 21A of the Constitution, the following article shall be inserted, Insertion of namely:— new article 21B. "21B. (1) The State shall provide affordable and quality healthcare services Right to including emergency medical treatment to citizens in such manner as the State may, by affordable healthcare law, determine. service. (2) The State shall take appropriate measures for progressive realisation of the right guaranteed under clause (1).".270 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India is a party to Universal Declaration of Human rights, which provides that "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services…". This commitment to healthcare is implicit in the Constitution, as the right to health has been construed as a part of right to life under article 21 of the Constitution in several judicial pronouncement by the Supreme Court. Moreover, article 47 as a Directive Principle provides that "improvement of public health" shall be among the primary duties of the State. The Supreme Court has also reiterated that the right to health includes affordable treatment, and that it is the duty of the State to make provisions for affordable treatment. The COVID 19 pandemic has brought into limelight the inadequate condition of healthcare system in India. This requires urgent steps to make affordable and quality healthcare accessible to everyone. It is only with an enforceable right to healthcare service that the situation of healthcare in India will improve. Hence this Bill. NEW DELHI; D. RAVIKUMAR July 9, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 271 FINANCIAL MEMORANDUM Clause 2 of the Bill provides for making the right to affordable and quality healthcare services including emergency medical treatment a fundamental right. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that an expenditure of about rupees one thousand crore would be incurred per annum from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved.272 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 24 OF 2022 A Bill to provide for the segregation and re-cycling of municipal solid waste, use of re-cyclable waste in waste-energy plants for generation of energy and transportation of non-recyclable waste into landfills 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 Solid Waste Management 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 273 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "large manufacturing facility" means any manufacturing facility with an investment of more than rupees twenty crore; (c) "municipal authority" means Municipal Corporation, Municipal Committee, Municipality, Nagar Palika, Nagar Nigam, Nagar Panchayat, Municipal Council including Notified Area Committee (NAC) or any other local body constituted under the relevant statutes and entrusted with the responsibility of management and handling of municipal solid wastes; (d) "prescribed" means prescribed by rules made under this Act; (e) "segregation" means separation of municipal solid wastes into organic, inorganic, bio-degradable, non-biodegradable, recyclable and non-recyclable waste and hazardous wastes; (f) "waste-energy plants" means plants where solid waste is treated using different techniques to produce any form of energy; and (g) "waste generating unit" means any entity, household or large manufacturing facility where waste is generated and which require waste disposal. 3. (1) The appropriate Government shall ensure that every waste generating unit Duty of waste within its jurisdiction segregates waste before its disposal. generating unit and large (2) In case of large manufacturing facility, the owner or the in-charge of the facility manufacturing facility. shall, as the case may be— (a) ensure that the waste is segregated, re-used and re-cycled at source; and (b) undertake transportation of re-cyclable waste to waste-energy plants and the non-recyclable and non-biodegradable waste to the notified landfills, as the case may be. (3) The appropriate Government shall ensure that the waste generating units are liable to pay for the waste generated by them that is sent to the landfills on the basis of the weight of the waste in such manner as may be prescribed. 4. It shall be duty of the Municipal authority to— Duty of the municipal (a) collect the segregated waste from the waste generating units; authority. (b) ensure that the segregated waste collected and transported is not mixed with any other waste or any material, to the extent that mixing would hamper its reuse, recycle, further treatment or its use in waste-energy plants; (c) undertake treatment of organic waste through bio-degradation such as vermin composting, mechanical composting, by window method or any other suitable method as approved by the Central Pollution Control Board or the State Pollution Control Board, as the case may be; and (d) transport the non-recyclable waste, non-biodegradable waste to the notified landfills. 5. Whoever violates the provisions of this Act shall be punished with imprisonment Penalty. for a term which may extend up to three months and fine which may extend up to rupees twenty thousand.274 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Central 6. The Central Government shall, after due appropriation made by Parliament by law in Government this behalf, provide requisite funds to the State Governments for carrying out the purposes to provide of this Act. requisite funds. Act not in 7. The provisions of this Act shall be in addition to and not in derogation of any other derogation of law, for the time being in force. any other law. Power to 8. (1) The Central Government in consultation with the State Government may, by make rules. notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Every rule made under this section shall be laid before each House of the 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 275 STATEMENT OF OBJECTS AND REASONS It is estimated that more than ten lakh tonnes of waste is generated in our country. The waste is largely composed of bio wastes, metals, plastics, paper, food, glass and presently majority of the waste is sent to the landfills with only a portion being used in waste-energy plants or recycled or reused. For this every municipal corporation should be provided with incinerators of different capacities depending upon the waste generated. This energy from waste can be used as an alternative to the depleting petroleum products and it would also keep the environment safe and clean. Waste is not a waste until wasted. The Bill seeks to ensure that waste from landfills is segregated and recycled, reused as input to waste-energy projects. Non-recyclable wastes and hazardous wastes can be dumped in the notified landfills. Proper handling and disposal of municipal waste could result in generating employment and serve as an opportunity for entrepreneurs in the waste-energy sector. In various countries there are laws for proper disposal of wastes. Hence this Bill. NEW DELHI; D. M. KATHIR ANAND November 23, 2021.276 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 6 of the Bill provides that the Central Government shall provide requisite funds to State Governments to carry out the purposes of this Act. The Bill, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees fifty crore would be involved as a recurring expenditure per annum. A non-recurring expenditure of rupees ten crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 277 BILL NO. 28 OF 2022 A Bill to provide rights to LGBTQIA+ persons to enable them to live with human dignity and for matters connected therewith. 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 LGBTQIA+ Persons (Protection of Rights) Act, 2022. Short title, (2) It extends to the whole of India. extent and commence- (3) It shall come into force on such date, as the Central Government may, by notifica- ment. tion in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) ''appropriate Government'' means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "asexual" means a person who lacks sexual attraction or desire for other person; (c) "bi-sexual" means a person who is emotionally and physically oriented to people with more than one sex, gender or gender identity; (d) "gay" means a person who is emotionally and physically oriented to the person within the same gender; (e) "gender identity" refers to a person of internal sense of being female, male or someone outside of that gender binary which is not determined by one's sex assigned at birth; (f) "inter-sex" means a term used to describe a person who is born with differences in his sex traits or reproductive anatomy not being female or male;278 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (g) "LGBTQIA" means a person who is lesbian, gay, bisexual, transgender, queer, inter-sex and asexual; (h) "LGBTQIA+" includes the persons who did not identify or included in LGBTQIA and have different sexual orientation and gender identities; (i) "lesbian" means a woman who is emotionally and physically oriented towards another woman; (j) ''prescribed'' means prescribed by the rules made under this Act; (k) "queer" means a person having non-binary or gender-fluid identities; (l) "sexual orientation" refers to a person who is physically or emotionally oriented towards another person; and (m) "transgender" means a person whose expression of gender is different than his sex assigned at birth. Central 3. The Central Government, as soon as may be, but not later than six months from the Government date of commencement of this Act, by notification in the Official Gazette, frame a National to form a Policy for Protection and Welfare of Rights of LGBTQIA+ persons provided under National Policy for section 5 in such manner as may be prescribed. protection and welfare of rights of LGBTQIA+. Appropriate 4. The appropriate Government shall take effective steps to protect the rights of Government LGBTQIA+ persons guaranteed under section 5 in such manner as may be prescribed. to implement 5. Notwithstanding anything contained in any other Act, rules for the time being in the provisions force or judgement, order or decree of any court, the LGBTQIA+ persons shall be entitled of this Act. to,— (a) right to adoption; (b) right to guardianship; (c) right to surrogacy; (d) prohibition against discrimination at the workplace; (e) prohibition against discrimination in housing; (f) right to be recognised as a person belonging to LGBTQIA+ community having self- perceived identity; (g) right to marry; (h) right to maternity benefits; (i) protection against sexual harassment at work place; (j) right to serve in armed forces of the country; and (k) protection against discrimination in educational institutions. Power to 6. If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government, in concurrence with the State Governments, may by order published in the difficulty. Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. Act to have 7. The provisions of this Act and rules made thereunder shall have effect Overriding notwithstanding anything inconsistent therewith contained in any other law for the time effect. being in force. Power to 8. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the purposes of this Act. (2) 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 279 STATEMENT OF OBJECTS AND REASONS The first resolution passed in international forum for recognizing LGBT rights is in 2011 by United Nation Human Rights Council (UNHRC) which urged all countries to enact law which protects basic rights for LGBTQIA+ community. In India, evolution of LGBT rights from Naz Foundation vs. Govt. of NCT of Delhi (2009) to Navjet Singh Johar & Ors. vs. Union of India (2018) is remarkable feat where in later Supreme Court pronounced landmark verdict which decriminalized consensual homosexual intercourse by reading down section 377 of the Indian Penal Code, 1860 which was colonial-era law. It is against article 15 where no one should be discriminated based on sexual orientation and gender identity also. The Central Government also enacted Transgender Persons (Protection of Rights) Act, 2019. Despite this the need of the Act is that the court judgment marked a progressive beginning and it has to be accompanied with comprehensive law on equal protection of rights for LGBTQIA+ persons and lacunae in earlier laws has to be corrected. The amount of homophobia presents in society and discrimination they undergo is immense in day to life which undermines the dignity and privacy of LGBT persons. A survey conducted by multinational research firm where it's finding is that in India totally seventeen per cent. identify themselves as non-heterosexual. With this significant amount of population there is need of separate law for protecting the rights of LGBT people because there is still many legal and social difficulties they face. As a first step we should ensure a broad legal protection and through this there should be the creation of public awareness and eliminate the stigma and notion against the LGBT persons. Two way it can be done either amending an existing personal and secular law where it strictly speak of rights of gender in binary sense and also the places where it lacks gender neutral which has to be amended for the same which includes different gender identities and sexual orientations and recognizing LGBT as also a families. The second way is there should be a formulation of new laws which focuses specifically on equally protecting the rights of LGBT persons on same footing with heterosexual, gender binary individuals. The proposed takes the second approach because India being a diverse country where amendments in existing personal laws will not be a practical solution and there will be little change in status quo. It intends to encapsulates the right of autonomy, privacy, to determine one's sexual orientation, legalize same sex marriages which act as a hurdle in many fields such as adoption, guardianship, inheritance & succession, enjoying maternity benefits, surrogacy, dependant or act which recognizes only heterosexual couples as the family. In world as of now 31 countries legalizes same sex marriages. This act also bans conversion therapy because it makes non-heterosexual individuals feel guilty of their orientation and which affects oneself psychologically. The Indian Psychiatric Society (IPS) states "that there is no evidence to substantiate the belief that homosexuality is a mental illness or a disease and there is no evidence to prove that homosexuality is unnatural". As Justice N Anand Venkatesh said "ignorance is no justification for normalizing any form of discrimination". The universal law of Human Rights states social norms, custom, culture or traditions can never be a valid justification to suppress another individual from asserting his fundamental and constitutional rights. The Bill, therefore, seeks to provide certain rights to LGBTQIA+ persons to enable them to live with human dignity. Hence this Bill. NEW DELHI; DNV SENTHILKUMAR S. December 22, 2021.280 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the Central Government make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 281 BILL NO. 29 OF 2022 A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Short title. Act, 2022. 2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Amendment Part XIV.— Tamil Nadu, for entry 18, the following entry shall be substituted, namely:— of the Schedule. "18. Kuruma, Kuruman, Kurumans, Kurumba, Kuruman Goundar, Kurumban and Kurumbar.".282 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Tribal communities of this country have undergone many sufferings due to historical reasons like socio-economic exploitation, deprivation, isolation, inequalities and discrimination which pushed them backward and vulnerable. Citing historical injustice, our forefathers of the Constitution incorporated several provisions which aspired to promote education and economic interest of weaker sections particularly Scheduled Castes or Scheduled Tribes. Article 366 (25) of the Constitution refers to Scheduled Tribes (STs) as those communities who are scheduled with article 342 of the Constitution. To carry out social justice measures for the tribal communities the list for Scheduled Tribe was declared by the President through initial public notification. Many communities are demanding to be included in Scheduled Tribe list which mainly falls in three categories such as (i) new entry, (ii) sub- tribes/sections, synonyms, and (iii) phonetic variations. The demands of "Kurumans synonyms" in State of Tamil Nadu also has characteristics of phonetic variation where the issue is pending for many decades. At present in the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Part XIV.-Tamil Nadu, for entry 18 which mentions a tribe name "Kurumans". The Director, Tribal Research Centre, Ooty was entrusted with the task of taking up the ethnological study on the communities. The study reveals that on the basis of social structure, clan organization and the cycle rituals, all these names like Kurumba, Kurumbar and Kurumans are one and the same community. The study also substantiates that with 'the present study of Anthropological conclusions and the observations of earlier writers like Thurston, A. Aiyappan, K.S. Singh, etc., discloses the same. It further reveals that the communities like Kuruma, Kuruman, Kurumba, Kurumban, Kurumbar etc. are identical to each other and these names are synonym names to the community of KURUMANS and the same are eligible to get Scheduled Tribes status under the name KURUMANS. As per recent ethnographic study on Kurumans by Dr. K. M. Metry (Head of Department of Tribal at Kannada University, Hampi) where he says that even if Kurumans tribe is called, spelled, pronounced by different synonym names, according to the places, languages, pronunciation and it denotes Kurumans tribal shepherd community and its synonyms names. The illiteracy and ignorance prevailed among the tribal people where they mentioned their tribe's name in the incorrect spelling, their tribe claim should not be denied because of simple correction in the spelling mistake. The report of the Advisory Committee on the Revision of the Lists of Scheduled Castes and Scheduled Tribes (popularly known as Lokhur Committee Report) have advised that where a caste or a tribe is mentioned in the lists by its generic name, it should be deemed to include all its synonyms, phonetic variations, sub-castes or sub-tribes, as the case may be. Here Kurumans is a generic name and it should include its entire synonyms name. The Scheduled Caste or Scheduled Tribe Order Amendment Bill 2002 which was referred to the Standing Committee on Labour and Welfare, where in its report opined that " The Committee are of the opinion that if a community have the similar characteristics, their claims should not be rejected on the flimsy grounds like involving correction in the spelling of certain tribe". Based on the Tribal Research Centre, Ooty director's report the State Government had sent recommendation to the Union Government for inclusion of KURUMANS synonyms names in the S.T. List vide TN. Govt. Letter No. 13194/CV 1/2007-22 dated 19.7.2014. Moreover in V. Manickam vs Union of India (dated 23.01.2017) where hon'ble Madras High Court divisional bench directed the Union Government to consider the matter expeditiously for an independent analysis that can be made on the basis of the materials already supplied for the inclusion of Kurumans synonyms name.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 283 In order to render the social justice and affirmative action without further loss of time, this Bill will be much needed corrective measures. The Bill, therefore, seeks to amend the Constitution (Scheduled Tribes) Orders, 1950 with a view to include ''Kuruma, Kuruman, Kurumba, Kuruman Goundar, Kurumban, and Kurumbar as synonyms of Kurumans tribes in the list of Scheduled Tribes of the State of Tamil Nadu. NEW DELHI; DNV SENTHIL KUMAR S. December 22, 2021.284 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM The Bill seeks to include Kuruma, Kuruman, Kurumba, Kuruman Goundar, Kurumban and Kurumbar as the synonym name of Kurumans to the list of Scheduled Tribes with respect to the State of Tamil Nadu by way of amending the Constitution (Scheduled Tribes) Order, 1950. The Bill, if enacted, would involve recurring and non-recurring expenditure on account of the benefits to be given under the schemes and programmes of the Government meant for social, educational and economic development of the Scheduled Tribes. At this stage, it is not possible to mention the exact amount which may be incurred on this account. However, it is estimated that a sum of approximately rupees thirty-five crore is likely to be involved as a recurring expenditure per annum. A non-recurring expenditure of about rupees seventy crore is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 285 BILL NO. 36 OF 2022 A Bill further to amend the Essential Commodities Act, 1955. 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 Essential Commodities (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 section 2 of the Essential Commodities Act,1955. (hereinafter referred to as the 10 of 1955. Amendment principal Act), after clause (b), the following clause shall be inserted, namely:— of section 2. "(ba) 'menstrual hygiene products' includes products used to catch menstrual flow, such as: (i)sanitary pads; (ii) tampons; and (iii) menstrual cups;." 3. In the Schedule to the principal Act, after entry 8, the following entry shall be Amendment inserted, namely:— of the Schedule. "(9) menstrual hygiene products.''.286 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Sanitary products are a critical hygiene need for all girls and women. If listed under essential commodities, they will help keep control on the production and easy availability of these products. Sanitary napkins and several other hygiene products are not clearly listed under essential goods, leading to supply issues across the country which clearly happened during the corona virus lockdown. The State of Telangana and Karnataka had listed sanitary napkins as an essential commodity on 25 March 2020, thus allowing its uninterrupted supply and sale which was hampered by the pandemic. The Menstrual Hygiene Management National Guidelines, 2015 are incompetent and lack implementation and monitoring and there are reports that it is highly unfunded, the guidelines lack a concrete plan to address various problems like supply, manufacture, price management and myths surrounding menstruation. The Scottish Parliament has passed a landmark Bill, the Period Products (Free Provision) (Scotland) Bill, considering menstrual rights as important for people's dignity. The Scotland aims to end period poverty by offering sanitary products free of cost. This makes Scotland the first country in the world to do so which shows the governance around sanitary hygiene for women is lagging behind in India. It is found that affordability of sanitary pads is still a secondary problem. After the twelve per cent GST has been removed, a pack of 10 sanitary napkins that costs an average of 100 rupees will cost around 88 rupees. However, considering seventy per cent. (Census, 2011) of India's population live in rural areas and depend on manual labour, seventy five per cent. of whom survives on 33 rupees per day, the amount of 88 rupees for a packet of sanitary napkins remain very high. Therefore, an amendment to the Essential Commodities Act, 1955, by addition of sanitary products in the essential commodities list so that a similar situation that happened during the lockdown is not repeated again. Hence this Bill. NEW DELHI; ABDUL KHALEQUE January 17, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 287 BILL NO. 39 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 (2) It shall come into force on such date as the Central Government may, by notification commencement. in the Official Gazette, appoint. 2. In article 1 of the Constitution, for clause (1), the folllowing clause shall be substituted, Amendment namely:— of article 1. " (1) India, that is Bharatvarsha, shall be a Union of States.''.288 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS 'Bharatvarsha' is the identity of our country. In the legends and the history, the word 'Bharatvarsha' has been extensively used, which is clearly evident from the Sloka enshrined in the Vishnu Puran — "TATASCHA BHARATAM VARSHME TALLOKESHUGIYATE BHARTAY YATAH PITRA DATTAM PRATISHTHITA VANAM" meaning that this country has been known as Bharatvarsha since King Bharat left for the jungle for penance by handing over the affairs of the kingdom to his sons. Everywhere one can find the mention of Bharatvarsha. The nomenclature of our country as Bharatvarsha owe to the King Bharat. The term Bharatvarsha infuses a sense of courage and new energy and makes us feel of having a cultural entity. Therefore, the expression 'India, that is Bharatvarsha' shall be more appropriate in article 1 of the Constitution. Hence this Bill. NEW DELHI; KUNWAR PUSHPENDRA SINGH CHANDEL January 17, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 289 BILL NO. 49 OF 2022 A Bill to provide for payment of remunerative price to betel growers, insurance of betel crop free of cost, comprehensive welfare of betel growers and setting up of betel research centre and for matters connected therewith. 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 Betel Growers (Remunerative Price and Welfare) Short title, Act, 2022. extent and commencement. (2) It extends to the whole of India.290 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "betel" means the leaf of a plant grown in South and South East Asia and chewed as mild stimulant; (b) "betel grower" means a person who cultivates betel; (c) " Centre" means Betel Research Centre established under section 3; (d) "Fund" means Betel Growers Welfare Fund constituted under section 7; and (e) "prescribed" means prescribed by rules made under this Act. Betel Research 3. (1) The Central Government shall, by notification in the Official Gazette, establish a Centre. Centre to be known as Betel Research Centre to study, research and suggest measures to increase the productivity and quality of betel farming in the country. (2)The headquarters of the Centre shall be at Mahoba district in the State of Uttar Pradesh and the Centre may, with the previous approval of the Central Government, establish branches of the Centre in different parts of the country. (3)The Centre shall consist of such number of experts, officers and employees to be appointed by the Central Government in such manner as may be prescribed. (4)The salary and allowances payable to and other terms and conditions of experts, officers and employees of the Centre shall be such as may be prescribed. (5)The Centre shall be operated by such rules as may be prescribed. Procurement 4. The Central Government shall procure the entire betel crop from the betel growers of betel crop. in the country through such agency and in such manner as may be prescribed. Fixation of 5. The Central Government shall after considering the following, determine remunerative the remunerative price of betel every year— price of betel. (a) expenditure on construction of structures including bajra, mandap for betel farming; (b) increase in the price of pesticides, fertilisers and other inputs; (c) total investment of betel growers; and (d) such other factors as may be prescribed. Insurance. 6. The entire betel produced by the betel growers shall be compulsorily insured free of cost by the Central Government against natural calamities, fall in the productivity of betel, fall in the price of betel and such other eventualities as may be prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 291 7. (1) The Central Government shall constitute a Fund to be known as the Betel Betel Growers Growers' Welfare Fund for carrying out the purposes of this Act. Welfare Fund. (2) The Central Government and the State Government shall contribute to the Fund in such ratio as may be prescribed. 8. The Fund shall be used for the following purposes, namely:— Utilisation of Fund. (a) to provide financial assistance to betel growers for the expenditure on construction of structures like bajra, mandap for the betel farming, loss to crop due to pesticides, fertilisers, storm, excessive rain, hailstorming, flood, drought or in condition of loss of productivity of betel; (b) for the payment of compensation to the next kin of betel growers in the event of their death; (c) to provide free medical services to betel growers and their families; (d) to provide assistance to betel growers in the event of disability; and (e) for such other purposes as may be prescribed. 9. (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) 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 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.292 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Agriculture is the main source of income in the Bundelkhand region of the country. Since many decades, condition of agriculture economy is fragile in Bundelkhand region due to climate change and people are forced to migrate from this region due to unavailability of other employment alternative. However, at present due to completion of project on water management and approval of rupees forty-four thousand and six hundred and fifty crore ken-Betwa project there has been a considerable reform in the field of agriculture and investment in agriculture has also increasing. However, there is a need to upgrade the agricultural technology, agriculture infrastructure development, investment, easy loan availability and simplified agriculture insurance scheme in Bundelkhand. With the continuous and integrated efforts, the condition of agriculture may be improved in Bundelkhand. Betel farming is being done in the Mahoba district of Bundelkhand region and also in various parts of the country since ancient times. Mahoba betel is famous in the world. Betel farming in fully controlled manner is very expensive but it creates employment opportunities at very large scale. In Mahoba, betel farming is done in a co-operative manner which is done by five to ten families collectively and surprisingly, this is very successful in this region since long time. The structures like bajra and mandap are constructed to control the humidity and temperature for betel farming. They are rare examples of scientific and technical application of Indian traditional agriculture which has been used since 2000 years and probably this is the most revolutionary application in India after the use of iron in agriculture. However, betel, which has religious, cultural, medicinal and economic significance, is fighting for its existence today, particularly in Bundelkhand region. On one hand, new research is required for protection of betel farming, on the other hand, special provisions are very much necessary for the welfare of betel growers. This Bill, therefore, seeks to provide for improvement in betel production methods through new research and special provisions for the welfare of betel growers. Hence this Bill. NEW DELHI; KUNWAR PUSHPENDRA SINGH CHANDEL January 17, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 293 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for establishment of Research Centre to study, research and suggest measures to increase the productivity and quality of betel farming. Clause 4 provides for procurement of betel from betel growers by an agency to be set up by the Central Government. Clause 6 provides for compulsory free insurance by the Central Government of betel against natural calamities, etc. Clause 7 provides for constitution of a Betel Growers Welfare Fund to which the Central Government and the State Governments shall contribute in such ratio as may be prescribed. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees two hundred crore will be involved per annum. A non-recurring annual expenditure of about rupees twenty crore is also likely to be involved.294 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 295 BILL NO. 66 OF 2022 A Bill to amend the Code on Social Security, 2020. 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 Code on Social Security (Amendment) Act, 2022. Short title and (2)It shall come into force on such date as the Central Government may, by notification commencemnet. in the Official Gazette, appoint. 2. In section 60 of the Code on Social Security (hereinafter referred to as the Code), Amendment of 36 of 2020. in sub-section (1), the following proviso shall be inserted, namely: Section 60. "Provided that in case of a woman employed in any establishment having ten or less employees or woman being a wage worker, the maternity296 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— benefit shall be payable by the appropriate Government through Social Security Organisations and the details of such organisation shall also be shown at the e-shram Portal of the Government of India.". Amendment of 3. In section 62 of the Code,— Section 62. (a) in sub-section (1), the following proviso shall be inserted, namely: "Provided that in case of a woman employed in any establishment having ten or less employees or woman being a wage worker, such woman shall give notice in writing in such form, as may be prescribed by the Central Government, through institutions of local self-Government to the designated Social Security Organisations or any other authority."; and (b) in sub-section (5), the following proviso shall be inserted, namely: "Provided that in case of a woman employed in any establishment having ten or less employees or woman being a wage worker, the amount of maternity benefit for the period preceding the date of her expected date of delivery and the amount due for subsequent period shall be payable by the designated Social Security Organisation or any other authority on production of such proof as may be prescribed by the Central Government.". 4. In section 63 of the Code, the following proviso shall be inserted, Amendment of Section 63. namely: "Provided that in case of a woman employed in any establishment having ten or less employees or woman being a wage worker, the designated Social Security Organisations shall pay the maternity benefit or any other amount to the person nominated by such woman.". Amendment of 5. In section 64 of the Code, the following proviso shall be added, namely: Section 64. "Provided that in case of a woman employed in any establishment having ten or less employees or woman being a wage worker, the medical bonus or such amount as may be notified by the Central Government shall be payable by the designated Social Security Organisations.". Amendment of 6. In the First Schedule of the Code, under the heading "Maternity Benefit", after First Schedule. entry (b), the following entries shall be inserted, namely:— "(c) to every establishment, factory or shop in which ten or less employees are employed; and (d) to every domestic worker.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 297 STATEMENT OF OBJECTS AND REASONS Social security will remain incomplete unless appropriate maternity benefits are available for all working women. If maternity benefits are restricted to women working in organized sector and those working in a set-up of 10 or more workers, large number of women will be left out. Women make up a disproportionate part of the unorganized sector as part-time or full-time domestic help, seasonal agriculture workers, handloom and handicraft workers, frontline workers. Women in unorganized sector are not homogeneous group and therefore, ambit of 'unorganized sector workers' requires to be broadened by taking the reality into consideration. Such workers belong to low-income group that is particularly neglected when it comes to health. Most of these women usually start off as weak mothers in terms of weight, hemoglobin levels etc. and due to that, the new born infants are usually low birthweight with lower immunity. Mental stress of a mother in difficult circumstances affects her own health along with the health of the child. Since most of these women workers are engaged in manual arduous work, they need more rest and better nutrition. In absence of entitlement like paid 26-week leave, the woman is much more likely to return to work within a few days after delivery to avoid wage loss. The infant born to such mothers further suffers as exclusive breastfeeding and mother care are compromised. Evidence from all scientific study and policy research emphasizes upon the early child care for his/her physical and cognitive development for life. Provision of proper care to the mother and infant is fundamental to the growth and well-being of the society. As labour force participation of women is considered as a crucial indicator of nation's development path, legislature framework needs to ensure their well-being as well. The proposed Bill seeks to guarantee certain rights for the women working in unorganized sector at par with all other working women in India. The Bill thus endeavours to ensure maternity benefit for all women workers by amending the code of social security 2020. Hence this Bill. NEW DELHI; POONAMBEN HEMATBHAI MAADAM February 1, 2022.298 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill vide proposed amendment to section 60 provides for payment of maternity benefit also to women employed in any establishment having ten or less employees or women being wage workers by the appropriate Government through Social Security Organisations. Clause 3 vide proposed amendment to section 62 provides for payment of maternity benefit also to women employed in any establishment having ten or less employees or women being wage workers for period preceding the date her expected delivery and the amount due for subsequent period by the designated Social Security Organisations or any other Authority. Clause 4 vide proposed amendment to section 64 provides for payment of maternity benefit also to persons nominated by women who are employed in any establishment having ten or less employees or who are wage workers. Clause 5 vide proposed amendment to section 65 provides for payment of medical bonus also to women employed in any establishment having ten or less employees or women being wage workers. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees Seven thousand eight hundred crore per annum would involve from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. —————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 3 of the Bill vide proposed amendment to sub-section (1) of section 62 provides that a woman employed in any establishment having ten or less employees or a woman being a wage worker shall give notice in writing in such form as may be prescribed by the Central Government through institutions of local self-Government to the designated Social Security Organisations or any other authority. As the form of notice will relate to matter of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 299 BILL NO. 78 OF 2022 A Bill to establish an effective regime to regulate online gaming industry to prevent fraud and misuse 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 Online Gaming (Regulation) Act, 2022. Short title, extent and (2) It extends to the whole of India. commencemnet. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.300 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) "appropriate authority" means a person or organization designated as such by the Central Government; (b) "Commission" means the Online Gaming Commission constituted under section 3; (c) "license" means a license granted by the Commission under the provisions of the Act for the purpose of facilitating Online Gaming; (d) "licensee" means any person who has been granted a license to install and operate Online Gaming Server, and any other activity to facilitate Online Gaming; (e) "Online Gaming" means games played on any electronics device including Personal Computers, Mobile Phones, Tablets and other devices; (f) "Online Gaming Server" means any main frame computer or set of computers, installed or maintained by the Licensee, that accepts, processes, stores and validates transactions arising out of Online Gaming, and which manages, monitors and controls the entire system of Online Gaming; (g) "Online Gaming Website" means the internet domain registration or URL address of the Licensee through which Online Sports Gaming is conducted; (h) "player" means a participant of any online game as certified by the Commission; and (i) "prescribed" means prescribed by rules made under this Act. CHAPTER II REGULATION OF ONLINE SPORTS BETTING Constitution 3.(1) The Central Government shall constitute a Commission, to be known as the of Online Online Gaming Commission, to exercise the powers conferred upon, and to perform the Gaming functions assigned to it, under this Act. Commission. (2) The Commission shall consists of a Chairperson, Vice-Chairperson and five members to be nominated by the Central Government, with at least one expert from the field of law, one expert from the field of cyber technology and one person with experience in law enforcement. (3) The Chairperson, Vice-Chairperson and every member of the Commission shall hold office for a period of three years from the date such person assumes office. (4) The Chairperson, Vice-Chairperson or a member may, by writing under his hand addressed to the Central Government, resign from the office as such Chairperson, Vice-Chairperson or member, as the case may be. (5) The Central Government shall remove a person from the office of Chairperson, Vice-Chairperson or a member if that person— (a) becomes an undischarged insolvent; (b) is convicted and sentenced to imprisonment; (c) becomes of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of discharging his functions; (e) has in the opinion of the Central Government, so abused his position as a member, so as to render a person's continuance in office detrimental to public interest.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 301 (6) The Central Government shall provide the Commission with a Secretary and such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act. (7) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees appointed for the purpose of the Commission shall be such as may be prescribed by the Central Government. 4. The Commission shall— Function of the (a) oversight the functioning of Online Gaming Websites; Commission. (b) make periodical or special reports to the Central Government on any matter pertaining to Online Gaming; (c) suggest appropriate measures to control or curb illegal Online Gaming; (d) grant, suspend and revoke licenses for online gaming websites and to determine fee for license applications and license renewals of such websites; and (e) any other matter referred to it by the Central Government. 5. (1) No person shall engage in Online Gaming except through an Online Gaming Ambit of Website. Online Gaming. (2) No person shall operate an Online Gaming Server or an Online Gaming Website without a license granted under this Act. (3) Any person who operates an Online Gaming Server or an Online Gaming Website without a license, shall be punishable with imprisonment for a term not exceeding three years and with such fine as may be prescribed. 6. (1) Any person desiring to obtain a license shall make an application in writing to the License for an Commission in such form and manner, as may be prescribed. Online Gaming Server. (2) On receipt of the application, the Commission may, after making such inquiry as it considers necessary, by order in writing, either grant the License or refuse to grant the License, assigning reasons for its decision. 7. (1) A license, unless it is cancelled or surrendered, shall remain in force for such Cancellation period, not exceeding six years, as may be specified in it. or surrender of the (2) A licensee may surrender the license through a notice in writing to the Commission. license. (3) The cancellation, surrender, or expiry of a License shall not affect any liability for anything done or omitted to be done before the date on which it ceases to have effect. 8. An applicant for the license shall pay to the Commission such amount as may be Fee for the prescribed as application fee for grant of the license. license. 9. The license issued shall not be transferable. License to be non- transferable. 10. The Commission may, on application made to it, renew the license granted under Renewal of this Act, on payment of fee prescribed for renewal of a License or refuse to renew any such the license. license after assigning the reasons for refusal in writing. 11. (1) The Commission may, at any time, after giving the licensee a reasonable Suspension or opportunity of being heard, suspend or cancel the license on any of the following grounds, Cancellation of the license. namely: (i) that there has been a breach of any of the conditions subject to which the license was granted.302 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) that the licensee has contravened any of the provisions of this Act or rules made hereunder. (2) Whenever a license is suspended or cancelled, the Commission shall record the reasons for such suspension or cancellation and furnish a copy thereof to the person whose license has been cancelled or suspended. (3) If the licensee is found to have breached any of the conditions of the license, then the licensee shall be punished with such fine as may be prescribed. Maintenance 12. The licensee shall maintain accounts relating to Online Gaming in such form and of accounts manner, as may be prescribed and submit it to the Commission. relating to Online Gaming by the licensee. Punishment for 13. (1) If any person, other than the licensee while engaging in Online Gaming through breach of Online Gaming Website, commits a breach of any of the conditions of the License as exhibited conditions of or of the rules to be observed in playing such games, such person shall be punished with licensee by such fine as may be prescribed. players. (2) The Licensee shall exhibit on the approved website, the conditions subject to which the License was granted, and all rules governing the conduct of Online Gaming. Request by the 14. (1) The Commission may request the police to investigate any acts of violations of Commission the sections under this Chapter. for investigation. (2) It shall be lawful for any police officer, not below the rank of Deputy Superintendent of Police, to search premises and to seize materials in accordance with the provisions of the Code of Criminal Procedure, 1973. Offences to be 15. All offences under this chapter shall be cognizable and bailable. cognizable and bailable. Foreign Direct 16. The Central Government may, by notification, permit Foreign Direct Investment Investment and including technological collaboration, in Online Gaming, subject to any conditions or Technology restrictions as may be prescribed. Collaboration in Online Gaming. Exclusions. 17. The provisions of this Act shall not apply to a person providing backend services in India, including hosting and maintenance services, for any international gaming website based outside India. Rule-making 18. (1) The Commission may, in consultation with the Central Government, make rules power of the for carrying out purposes of this Act. Commission. (2) In particular and without prejudice to the generality of the foregoing power, the rules may provide for all or any of the following matters, namely:— (i) the form and manner of making an application for a License, the fees to be paid for its grant or renewal, and the conditions subject to which it may be granted; (ii) the manner of keeping accounts relating to Online Gaming, the form in which and the intervals at which they shall be submitted to the Commission; (iii) the restrictions or conditions with regard to the age or other conditions of the persons who may be employed for Online Gaming or may be permitted to play such games online or otherwise take part in the organization or exhibition of such games; (iv) the restrictions or conditions with regard to the admission of participants and the fees, if any, to be charged for their admission;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 303 (v) the type of notices to be exhibited and the manner in which they are to be exhibited on the Online Gaming Website; (vi) the restrictions or conditions with regard to providing credit facilities by the Licensee to participants of Online Gaming and the prohibition or regulation of participation by proxy in Online Gaming; (vii) the fine to be paid by persons for violating provisions under Chapter II of the Act; and (viii) any other matter which is required to be or may be prescribed. CHAPTER III MISCELLANEOUS 19. The provisions of this Act, shall be in addition to and not in derogation of the Act to have provisions of any other law for the time being in force and, in case of any inconsistency, the overriding effects. provisions of this Act shall have effect to the extent of such inconsistency. 20.(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may, by order, published in the Official Gazette, make such provisions not remove inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient difficulties. for removal of the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.304 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Online gaming industry has grown leaps and bounds in the last decade in India. India has around 420 million active online gamers and the industry is slated to grow to $5 billion by 2025. Since the gaming industry has such a profound impact on the nation, it is necessary that it should be regulated. The internet is rapidly spreading to new areas in rural India. In this context, more people will be exposed to the Online games in the coming years. The effect of long hours of gaming, especially amongst the adolescents are well known. It can impair normal socialisation, can cause physical and mental harm and even monetary loss. Many games also offer "in-app purchases" that generate huge revenue for them. In many cases, children play these games due to peer pressure and sometimes spend money to acquire these "assets" inside the game. This leads to wastage of national resources. The games also lead to wastage of productive time by the players. While the recreational utility of these games are well known, their addictive features are also well documented. In this context, it is imperative that a national commission must be instituted to regulate them. There should be rules and regulations based on which Online games should be allowed to operate in India. There should be limitations like the amount of time one can play the game every day, maximum money that could be spent by one person etc. The rules and regulations must also keep up with the times, and the Online gaming commission will be in a position to regulate the industry by setting standards accordingly. Hence this Bill. NEW DELHI; DEAN KURIAKOSE February 4, 2022. —————— FINANCIAL MEMORANDUM Clause 3 of this Bill provides for establishment of the Online Gaming Commission. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one hundred crore per annum will be incurred from the Consolidated Fund of India. A non-recurring expenditure of rupees one hundred crore is also likely to be involved. —————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clauses 3 and 18 of the Bill empower the Central Government and the Online Gaming Commission, respectively to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 305 BILL NO. 53 OF 2022 A Bill further to amend the Rights of Persons with Disabilities Act, 2016. 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 Rights of Persons with Disabilities (Amendment) Short title and Act, 2022. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.306 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 2. In section 2 of the Rights of Persons with Disabilities Act, 2016 (hereinafter referred 49 of 2016. of section 2. to as the principal Act):— (a) in clause (s), the words "mental, intellectual or sensory" shall be omitted; and (b) after clause (t), the following clause shall be inserted, namely:— (ta) 'person with mental disability' means a person with long term mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others. Amendment 3. In section 32 of the principal Act, after sub-section (1), the following sub-section of section 32. shall be substituted, namely:- "(1) All Government institutions of higher education and other higher education institutions receiving aid from the Government shall reserve not less than,— (a) five per cent. seats for persons with benchmark disabilities; and (b) one per cent. seats for persons with mental disability.". Amendment 4. In section 33 of the principal Act, in clauses (i) and (ii), for the words "persons with of section 33. benchmark disabilities", at both the places, the words "persons with benchmark disabilities and persons with mental disabilities" shall be substituted. Amendment 5. In section 34 of the principal Act, in sub-section (1)— of section 34. (a) for the words "not less than four per cent." the words "not less than five per cent." shall be substituted; (b) after the words "one per cent. for persons with benchmark disabilities under clauses (d) and (e)", the words "and one per cent. for persons with mental disabilities under clause (f)" shall be inserted; (c) in clause (d), the words "and mental illness" shall be omitted; (d) after clause (e), and before the proviso, the following clause shall be inserted, namely:— "(f) mental disability:"; and (e) after the second proviso, the following proviso shall be added, namely: "Provided also that one per cent. of seats reserved for persons with mental disabilities shall be compulsorily filled.". Amendment 6. In the Schedule to the principal Act, in paragraph 3, for the words "Mental of the Behaviour", the words "Mental Disability" shall be substituted. Schedule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 307 STATEMENT OF OBJECTS AND REASONS The Rights of Persons with Disabilities Act, 2016 was a landmark legislation in the history for protecting the rights of differently able people of India. According to 2011 census, 2.68 crore or 2.2 per cent. of Indian population lives with certain mental or physical disability. However, this number is based on a very narrow definition of benchmark disability. If we broaden the definition, the number will increase. According to Human Rights Watch, there are more than 70 million people suffering from psycho-social disabilities in the country. The Rights of Persons with Disabilities Act, 2016 provides reservation as a means to ensure representation in the Government. However, the number of mentally disabled people who avail these benefits are very less, compared to the physically disabled people. Hence, these categories should be clearly defined and steps taken to ensure the representation of mentally challenged people in higher education institutions and government positions. There should be effort to identify the posts and earmark them to be filled by the people with mental disabilities. The Bill, therefore, seeks to amend the Rights of Persons with Disabilities Act, 2016 with a view to specify the term "persons with mental disabilities" and provide them reservation in higher educational institutions and in posts in the establishments of the appropriate Government. Hence this Bill. NEW DELHI; DEAN KURIAKOSE February 4, 2022.308 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 63 OF 2022 A Bill to provide for the constitution of a Board for the development and standardization of Palliative care services in the country and for matters connected therewith. 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 Palliative Care Board 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 309 2. In this Act, unless the context otherwise requires,— Definitions. (a) "Board" means the Palliative Care Board constituted under sub-section (1) of section 3; (b) "caregiver" means a person engaged in providing palliative care services; (c) "doctor" means a registered medical practitioner with a valid degree from any of the affiliated medical colleges in the country under National Medical Commission; (d) "institution" means an entity that provides palliative care services; and (e) "prescribed" means prescribed by rules made under this Act. CHAPTER II PALLIATIVE DRUGS 3. (1) For the purposes of this Act, "palliative drug" means a drug approved for Palliative palliative care and used to ameliorate the symptoms of terminal illness, as specified in the drugs. Schedule to this Act. (2)The Central Government may, if it is satisfied that it is necessary so to do in the public interest and for reasons to be specified in the notification published in the Official Gazette, amend the Schedule so as to add a palliative drug to the said schedule or remove any palliative drug from the said schedule. (3)Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, before both Houses of Parliament. CHAPTER III THE PALLIATIVE CARE BOARD 4. (1) The Central Government shall, by notification in the Official Gazette, constitute, Constitution for the purposes of this Act, a Board, to be called the Palliative Care Board. and incorporation (2)The Board shall be a body corporate by the name aforesaid having perpetual of the Board. succession and a common seal with power, subject to the provisions of this Act, to contract and shall, by the said name, sue and be sued. (3) The Board shall consist of such number of members, not exceeding ten, as may be prescribed, and unless the rules made in this behalf otherwise provide, the Board shall consist of the following members, namely:— (a) a Chairperson; (b) three members from amongst Members of Parliament, of whom two shall be elected by the House of the People and one by the Council of States; (c) three members to represent respectively the Ministries of the Central Government dealing with— (i) Health and Family Welfare; (ii) Chemicals and Fertilizers; (iii) Finance; (d) three members to represent the National Medical Commission, as nominated by its chairperson; (4)The office of member of the Board shall not disqualify its holder for being chosen as, or for being, a member of either House of Parliament.310 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (5) The term of office of the members and other conditions of service of the members shall be such as may be prescribed. (6)The Chairperson shall, in addition to presiding over the meetings of the Board, exercise and discharge such powers and duties of the Board as may be delegatedto him by the Board and such other powers and duties as may be prescribed. (7)The Board shall elect from amongst its members a Vice-Chairperson who shall exercise such of the powers and perform such of the functions of the Chairperson as may be prescribed or as may be delegated to him by the Chairperson. (8) No act or proceeding of the Board shall be invalidated merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Board; (b) any defect in the appointment of a person acting as a member of the Board; (c) any irregularity in the procedure of the Board not affecting the merits of the case. Secretary and 5. (1) The Board may appoint the Secretary and such other officers and employees as other officers. it considers necessary for the efficient discharge of its functions under this Act. (2) The terms and conditions of service of the Secretary and other officers and employees of the Board shall be such as may be determined by regulations. 6. (1) Subject to any rules made in this behalf, the Board may, from time to time, Advisory constitute such committees as may be necessary for the efficient discharge of its functions. Committees. (2) Every committee constituted under sub-section (1) shall consist of such number of persons as the Board may deem fit. Functions of 7. The Board may— the Board. (i) develop, promote and regulate palliative care infrastructure in the country; (ii) undertake programs and projects for promotion of palliative services in the country; (iii) assist and encourage studies and research for improvement of palliative care medicines, treatment methods and training of practitioners; (iv) strive towards stabilization of prices of drugs and implements used in palliative care; (v) evolve suitable quality standards and introduce certification of services provided by doctors and caregivers; (vi) suggest measures for control of quality of drugs and treatment methods; (vii) give licenses, subject to such terms and conditions as may be prescribed, to the caregivers in the palliative care domain; (viii) collect statistics with regard to palliative care demand and supply in the country; (ix) promote co-operative efforts among doctors and caregivers in collaboration with local self governments;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 311 (x) provide financial or other assistance for improved methods of palliative care in different parts of the country with special focus to rural areas and remote, inaccessible regions; (xi) provide guidelines for training in palliative care, administration of drugs and treatment methods; (xii) maintain register of doctors, caregivers and institutions for palliative care purpose; (xiii) suggest measures for improvement and availability of drugs and give recommendations on price, export conditions and manufacturing conditions; (xiv) collect statistics from institutions, doctors, caregivers and public to assist policy making in the palliative care field; (xv) secure better working conditions improvement of amenities and incentives for doctors, caregivers engaged in palliative care; and (xvi) undertake, assist or encourage scientific, technological and economic research. CHAPTER IV REGISTRATION OF OWNERS OF PALLIATIVE CARE FACILITIES 8. (1) Every owner or trustee of palliative care facilities, shall, before the expiration of Registration one month from the date on which he first became owner or trustee of such facilities, apply of owners of palliative care to the registering officer appointed in this behalf by the State Government to be registered facilities. as an owner in respect of each facility owned by him: Provided that the State Government may, for sufficient reasons, extend the time-limit for registration by such period as it thinks fit. (2) The registration once made shall continue to be in force until it is cancelled by the registering officer. 9. (1) Every owner and trustee registered under section 8, shall furnish such details, Details to be including the number of persons given palliative care and palliative drugs administered, to made by registered the Board in such form and manner, as may be prescribed. owners. (2)Any person who fails to furnish any detail as required under sub-section (1) or furnishes any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees. (3)The Board may authorize an officer to visit any facility at any time to verify the accuracy of any detail made under this section or to ascertain the productive capacity of the estate. 10. (1) The State Government may, by notification in the Official Gazette, make rules to Power of carry into effect the provisions of section 8. State Government to make rules. (2) Without prejudice to the generality of the foregoing power, such rules may prescribe the form of the application for registration and for cancellation of registration, the fee payable on such applications, the particulars to be included in such application, the procedure to be followed in granting and cancelling registration, the registers to be kept by registering officers and the supply by registering officers of information to the Board.312 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER V FINANCE, ACCOUNTS AND AUDIT Grants and 11. The Central Government may, after due appropriation made by Parliament by law, in loans by the this behalf, make to the Board grants and loans of such sums of money as it may consider Central necessary. Government 12. (1) There shall be constituted a Fund to be called the Palliative Care Fund to which Palliative Care Fund. shall be credited— (a) grants and loans made to the Board by the Central Government; (b) fee levied and collected in respect of licenses granted under this Act; and (c) sums received by the Board from such other sources as may be decided by the Central Government. Budget. 13. The Board shall prepare in such form and at such time, as may be prescribed, its budget for each financial year, showing the estimated receipts and expenditure of the Board and forward the same to the Central Government. Annual report. 14. The Board shall prepare, in such form and at such time, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit the report to the Central Government. 15. The accounts of the Board shall be maintained and audited in such manner as may, Accounts and audit. in consultation with the Comptroller and Auditor-General of India, be prescribed and the Board shall furnish to the Central Government before such date, as may be prescribed, copy of its audited accounts together with the auditors' report thereon. Annual report 16. The Central Government shall cause the annual report and auditor's report to be and auditors' laid, as soon as may be after they are received, before each House of Parliament. report to be laid before CHAPTER VI Parliament. MISCELLANEOUS Penalties for 17. Any person who— obstructing an officer or (a) obstructs any member authorized by the Chairperson in writing or any officer or member of other employee of the Board authorized by it in this behalf or any person authorized in this the Board in behalf by the Central Government, in the exercise of any power conferred, or in the discharge the discharge of any duty imposed, on him by or under this Act; or of his duties and for failure (b) having control over or custody of any account book or other record, fails to to produce books and produce such book or record when required to do so by or under this Act, shall be punishable records. with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Delegation. 18. The Board may, by general or special order in writing, delegate to the Chairperson or any other member or to any officer of the Board, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary. Members, 19. All members, officers and other employees of the Board shall be deemed, when officers and acting or purporting to act in pursuance of any of the provisions of this Act, to be public employees of servants within the meaning of section 21 of the Indian Penal Code, 1860. the Board to be public servants. Protection of 20. No prosecution or other legal proceeding shall lie against the Government, or the action taken Board or any committee appointed by it, or any member of the Board or such committee, or in good faith. any officer or employee of the Government or the Board or any other person authorized bySEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 313 the Government or the Board, for anything which is done or intended to be done in good faith under this Act or the rules or regulations made thereunder. 21. Subject to any rule made in this behalf, any person, generally or specially authorized Power to enter. by the Board in this behalf, may, whenever it is necessary so to do, for any of the purposes of this Act, at all reasonable times, enter upon any land or premises and make any inspection or inquiry or do such other act or thing as may be prescribed: Provided that no such person shall enter any building or any enclosed courtyard or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least twenty-four hours' notice in writing of his intention to do so. 22. (1) The Central Government may, by notification in the Official Gazette, make rules Power to make to carry out the purposes of this Act. rules. (2)Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the constitution of committees under section 6; (b) the conditions and the restrictions with respect to the exercise of the power to enter under section 22; and (c) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rules. 23. The Board may, with the previous approval of the Central Government, by notification Power to make in the Official Gazette, make regulations consistent with this Act and the rules made thereunder regulations. to carry out the purposes of this Act. 24. Every rule made by the Central Government and every regulation made under Rules and this Act shall be laid, as soon as may be after it is made, before each House of Parliament, regulations to while it is in session, for a total period of thirty days which may be comprised in one session be laid before Parliament. 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation. 25. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may, by order, published in the Official Gazette, make such provisions not remove inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulties. difficulty: Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act. (2)Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.314 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— THE SCHEDULE [See Section 3] 1. ALS 2. Alzheimer's Disease 3. Breast Cancer 4. Bone Marrow Transplant 5. Cancer 6. Chronic Obstructive Pulmonary Disease (COPD) 7. Colon Cancer 8. Congestive Heart Failure 9. COVID-19 10.Dementia 11.Eosinophil Associated Disease (EAD) 12.Head and Neck Cancer 13.HIV/AIDS 14.Huntington's Disease 15.Kidney Disease 16.Leukemia and Lymphoma 17.Liver disease 18.Lung Cancer 19.Multiple Myeloma 20.Multiple Sclerosis 21.Ovarian Cancer 22.Pancreatic Cancer 23.Parkinson's Disease 24.Prostate Cancer 25.Pulmonary Fibrosis 26.Sickle Cell Anemia 27.Stroke 28.Organ Transplant 29.Neurological Disorders 30.Muscular Atrophy 31.Spinal Muscular AtrophySEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 315 STATEMENT OF OBJECTS AND REASONS The number of citizens affected by non-communicable diseases is increasing at a very rapid rate. This situation is set to worsen with the increase of elderly population in the country. The diseases like cancer and terminal decline of internal organs are getting more common. This is partly because of the lifestyle changes and also because of the increase in life expectancy. In this situation, it is imperative that the nation have robust systems for palliative care. Palliative care is basically aimed for that population which suffers from terminal illness and the efficacy of standard treatment methods on their well-being is low. In many cases, the medication could lower the quality of life. This is seen in the case of chemotherapy for cancer. These medicines could be toxic to body and could decrease the quality of life of patient, while only marginally increasing the living years of the patient. In this situation, the patient and family must be given an option to take an informed decision. This decision could take patient away from standard medical care, and be placed under palliative care. Here, the patient will be given drugs and other treatment mechanisms to ameliorate pain and suffering. The patient could be put on the palliative track, where they can attain a peaceful death without prolonged suffering. This is part of modern medicine and is a theme of intense research. The need is to set up a system that will govern and regulate palliative care. It is also necessary to conduct research and create rules and regulations that will improve the drug availability, mode of drug administration and other treatment methods adopted in the palliative care. Palliative care need not be always conflated with terminal illness. It could also be useful for patients who are bedridden for a long time for treatment or takes a long time for recuperating from an illness or surgery. Having a robust ecosystem to support such medical interventions greatly improves the standard and quality of life of the people of our country. Hence this Bill. NEW DELHI; DEAN KURIAKOSE February 4, 2022.316 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill provides for constitution of the Palliative Care Board. Clause 5 provides for appointment of secretary, offices and employees of the Board. Clause 11 provides for grants and loans by the Central Government for the Board. Clause 12 provides for constitution of Palliative Care Fund. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about one hundred crore per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved. —————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clauses 10 of the Bill empowers the State Governments to make rules to give effect to the provisions of registration of owners and trustees of palliative care facilities. Clauses 22 and 23 of the Bill empower the Central Government and the Palliative Care Board, respectively to make rules and registration, respectively, for carrying out the purposes of this Bill. As the rules and regulations will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 317 BILL NO. 34 OF 2022 A Bill further to amend the Central Universities Act, 2009. 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 Central Universities (Amendment) Act, 2022. Short title and (2) It shall come into force on such date, as the Central Government may, by commencement. notification in the Official Gazette, appoint. 25 of 2009. 2.After section 3E of the Central Universities Act, 2009 (hereinafter referred to as the Insertion of principal Act), the following section shall be inserted, namely:— new section 3F. "(3F) There shall be established a University, which shall be a body corporate, to Establishment be known as the Barpeta Central University, having its territorial jurisdiction extending of Central University of to the territory in the lower districts in the State of Assam, as specified in the First Barpeta. Schedule to this Act.". 3. In the First Schedule to the principal Act, after serial number 2A and the Amendment entries relating thereto, the following serial number and entries shall be inserted, of the First Schedule. namely:— "2A. Assam Barpeta Central Territory in the lower University districts in the State of Assam.".318 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Central Universities Act, 2009 was enacted to establish and incorporate Universities for teaching and research in various States and to provide for matters connected therewith or incidental thereto. One cannot dispute the fact that higher education plays a significant role in the development of human resources and society in general. Higher education produces high level of professionals. The State of Assam has a literacy rate of about 73 per cent. as per 2011 census. According to Gross Enrolment Ratio of Higher Education (2021), Assam's rate is 17.3 per cent. and national rate is 27.1 per cent. And the huge gap is due to lack of basic amenities and state-of-the-art educational infrastructure in Assam. As Swami Vivekananda said, "A nation is advanced in proportion to education and intelligence spread among the masses". To shrink the gap of 9.8 per cent. Gross Enrolment Ratio there is a need to enhance the infrastructure of higher education in the State. Further lower Assam region is devoid of any major educational institutions. Many students have to go out of the State for higher education thereby causing huge brain drain. Therefore, Central University for the lower district of the State of Assam is required to raise the level of education in the region. The Bill, therefore, seeks to amend the Central Universities Act, 2009 with a view to establish a Central University to be known as the Barpeta Central University for the lower districts in the State of Assam. Hence this Bill. NEW DELHI; ABDUL KHALEQUE February 7, 2022. —————— FINANCIAL MEMORANDUM Clause 2 of the Bill seeks to insert a new section 3F in the Central Universities Act, 2009, so as to establish a new University as a body corporate to be known as Barpeta Central University having its territorial jurisdiction in the territory in the lower districts in the State of Assam. At this stage, it is not practicable to make an estimate of exact expenditure, both recurring and non-recurring, likely to be involved from Consolidated Fund of India. However, the expenditure would be met from the Consolidated Fund of India through the budgetary provisions of the Ministry of Human Resource Development.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 319 BILL NO. 37 OF 2022 A Bill to provide for health insurance to persons living below poverty line 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 Health Insurance (For Persons Living Below Poverty Short title Line) Act, 2022. and extent. (2) It extends to the whole of India. 2. In this Act, unless the context otherwise requires,— Definitions. (i) “person living below poverty line” means a person, whose annual income from all sources is less than rupees fifty thousand; and (ii) “prescribed” means prescribed by rules made under this Act.320 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Health 3. The Central Government shall frame a health insurance scheme for persons living Insurance below poverty line. Scheme. Health cards 4. (1) The Central Government shall, through the State Government or the Union territory to persons Administration, as the case may be, issue a health card to every citizen living below poverty living below line. poverty line. (2) The health card shall contain the details such as name and age, address, details of family members, annual income and such other information as may be prescribed. Citizens to 5. Any citizen, who is entitled to a health card but has not been issued the same, may approach approach the district administration, which shall, after necessary verification, issue the health District card. Administration if card is not issued to them. Right of 6. (1) Any person, who has been issued a health card, may approach any hospital, health including a privately run hospital for treatment of self or any of his family member, whose cardholders to name has been included in the health card. get treatment from (2) The hospital shall not charge any fees from the cardholder for his treatment or hospitals. treatment of any member of his family and shall also provide the prescribed medicines free of charge. (3) The hospital shall make entries in the health card regarding the total expenditure incurred by it in the treatment of the cardholder or his family members and send a copy of the detailed expenses to the Central Government in such manner as may be prescribed. Limit of 7. The total expenditure on the treatment in respect of a health cardholder and his expenditure family members shall not exceed rupees twenty-five thousand per year: on the treatment of Provided that the cardholder may submit an application in the form as may be prescribed cardholders. to the Central Government for enhancing the limit in case of any critical illness and the Central Government may allow an enhanced expenditure for the treatment of the particular disease. Hospitals not 8. Subject to the provisions of section 7, no hospital shall refuse treatment to any to refuse cardholder, on the ground that the cardholder has not made any advance deposit with the treatment to hospital for treatment. cardholders. Procedure for 9. The hospital shall make its claim for reimbursement of expenses in connection with reimbursement. treatment of a cardholder or a member of his family to the Central Government in such manner as may be prescribed. Reimbursement 10. The Central Government on receipt of a claimunder section 9 shall process the same to be made and reimburse the expenses within one month of the receipt of the claimto the hospital within a concerned. month. Life insurance 11. (1) Every cardholder shall be insured for a sum of rupees twenty-five thousand. for nominee of the (2) The amount of insurance shall be paid to a nominee of the cardholder in case of his cardholder. death. (3) The premium for insurance of the cardholder shall be paid by the Central Government. Penalty for 12. If any hospital refuses to treat any cardholder or member of his family without any violation. valid reason, the Central Government shall issue directions for cancellation of the licence of the hospital.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 321 13. (1) The appropriate Government may, by notification in the Official Gazette, make Power to rules for carrying out the purposes of this Act. make rules. (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, 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.322 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Poor people cannot afford treatment in hospitals as it has become a costly affair. Huge crowds in Government hospitals discourage elderly, physically challenged persons and women from taking treatment there. As a result, they are left uncared for. Even in Government hospitals, they have to spend money on purchasing medicines, etc. India, being a welfare State, care has to be taken of the under privileged sections of the society by the Government. It is proposed to provide that persons living below poverty line will be allowed to take free treatment in hospitals including private hospitals and there is also a provision for their life insurance. This, it is hoped, will mitigate the hardship of the poor people to some extent. Hence this Bill. NEW DELHI; February 10, 2022. JANARDAN SINGH ‘SIGRIWAL’ ———— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for a health insurance scheme for all persons living below poverty line. Clause 4 provides for issuance of health cards to all persons living below poverty line to enable them to take treatment in hospitals. Clause 10 provides for reimbursement of expenses by the Central Government to the hospitals concerned. There is also a provision for free life insurance of the cardholder under clause 11. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees five thousand crore per annum. A non-recurring expenditure of about rupees one thousand crore will also be involved for issuing health cards. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 13 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 323 BILL NO. 51 OF 2022 A Bill to provide for the measures to be undertaken by the State for the protection and maintenance of neglected, abandoned and destitute widows by establishing a Welfare Board for such widows 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 Widows (Protection and Maintenance) Act, 2022. Short title and extent. (2) It extends to the whole of India.324 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) “abandoned widow” means who has been deserted or thrown out of the household by her relatives to fend for herself and who has no means to support her and her dependent children, if any; (b) “appropriate Government” means in the case of State the Government of that State and in other cases the Central Government; (c) “Board” means the National Widows Welfare Board established under Section 3; (d) “destitute widow” means a widow stricken with infirmity due to old age, physical disability, chronic ailment, mental imbalance or who has no source of income to support herself and her dependent children, if any; (e) “prescribed” means prescribed by rules made under this Act; and (f) “widow” means a legally married woman whose husband has expired. Establishment 3. (1) The Central Government shall, by notification in the Official Gazette, establish a of the Board to be called the National Widows Welfare Board for the purposes of this Act. National Widows (2) The Board shall be a body corporate by the name aforesaid having perpetual Welfare succession and a common seal with power to acquire, hold and dispose of property, both Board. movable and immovable, and to contract and shall by the said name sue and be sued. (3) The Head Office of the Board shall be situated at such place as may be decided by the Central Government and the Board may establish its branches in the States and Union territories in such manner as may be prescribed. (4) The Board shall consist of,— (a) a chairperson, ex-officio, who shall be Minister in charge of the Union Ministry of Social Justice and Empowerment; (b) a Vice-Chairperson preferably a widow to be appointed by the Central Government; (c) three members of Parliament of whom two shall be from Lok Sabha and one from the Rajya Sabha to be nominated by the presiding officers of respective Houses; (d) two officers not below the rank of Joint Secretary in the Union Ministry dealing with the administration of this Act to be appointed by the Central Government; (e) not more than four members to be appointed by the Central Government in consultation with the Governments of States, by rotation in alphabetical order, to represent the Governments of the States; and (f) three members to be appointed by the Central Government from amongst the Non-Governmental Organizations working for the welfare of widows. (5) The Board shall follow such procedure in discharge of its agenda and hold meetings in such manner as may be prescribed. (6) The Salary, allowances and other conditions of service of the Vice-Chairperson and other members of the Board shall be such as may be prescribed. (7) The Board shall have a Secretariat with such number of officers and employees with such terms and conditions of service, as may be necessary for the efficient functioning of the Board as may be prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 325 4. (1) The Central Government shall constitute a fund to be known as the Widows Constitution Welfare Fund. of a Widows Welfare Fund. (2) The Central Government and the State Governments shall contribute to the Fund in such ratio as may be prescribed. (3) There shall also be credited to the fund such other sums as may be received by way of donation, contribution, assistance or otherwise by the Board. 5. (1) The Board shall promote and provide, by such measures as it thinks fit, for the Functions of protection, maintenance and welfare of neglected, abandoned and destitute widows and for the Board. their dependent children. (2) Without prejudice to the generally of the provisions of sub-section (1), the Board shall,— (a) maintain district-wise register of widows with such particulars and in such manner as may be prescribed; (b) collect and get verified the antecedents of every widow covered under this Act to assess her need for assistance in such manner as may be prescribed; (c) perform such other functions as may be assigned to it from time to time. 6. The Board shall provide to the abandoned or destitute widows, on an application Facilities to prescribed for the purpose, the following facilities, namely:– be provided to the (a) subsistence allowance of rupees two thousand per month in case the widow is widows. infirm and destitute or is having one or more dependent children or rupees one thousand per month in case she has no dependent; (b) residential accommodation free of cost wherever necessary; (c) free education including technical education to the dependent children of the widows; (d) gainful employment; (e) vocational training wherever required; (f) such other facilities as may be necessary and as may be prescribed: Provided that if a widow covered under this Act gets gainful employment or remarries, the facilities provided to her under this Act shall stand withdrawn from the date such widow gets employment or remarries, as the case may be: Provided further that a widow residing with her in-laws or parents according to custom or due to other circumstances shall not be denied the facilities under this Act on this ground. 7. Notwithstanding anything contained in any other law for the time being in force or Miscellaneous in any custom, a widow:— provisions. (i) shall not be evicted or thrown out of the house of the in-laws or parents, as the case may be, where such widow was residing at the time of death of her husband; (ii) shall be entitled to inherit the property or the share of her late husband in case of joint ownership of the property from her in-laws; and (iii) shall be entitled for maintenance from the heir or in-laws who abandon a widow for subsistence. 8. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, provide requisite funds for carrying out the purposes of this Act. Government to provide requisite funds.326 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Act to have 9. The provisions of this Act and rules made thereunder shall have effect notwithstanding overriding anything inconsistent therewith contained in any other law for the time being in force, but effect. save as aforesaid the provisions of this Act shall be in addition to and not in derogation of any other law for the time being applicable to the widows. Power to 10. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carry out the purpose 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, 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 327 STATEMENT OF OBJECTS AND REASONS In our country, there are millions of unfortunate widows who are leading a miserable life. Their number is nearly three per cent of total population. More than fifty per cent of these widows are old, infirm, disabled and have no source of income or livelihood. Their position becomes miserable for they have dependent children to support and bring up. They work as housemaids and take up other jobs for survival. It commonly occurs that when a widow does not have any permanent source of income or livelihood, she is driven out of her in-laws’ home or even from her parental home. Sometimes condition of such widows become miserable and their problems increase manifold due to poverty and other compelling reasons. Many such widows can be seen begging in the streets and public places. Several women who become widows in their youth are not only sexually exploited by their known ones but also forced into prostitution. At some places, widows are termed as witches and tortured even by their own kith and kin or other persons from the community. They are treated as bad women by the society. Ours is a welfare State. It is the foremost duty of the State to initiate welfare measures and to protect and provide maintenance to the hapless widows so that they can live gracefully in the society. It is, therefore, proposed in the Bill to set up a Welfare Board to exclusively look after the welfare of neglected, abandoned and destitute widows. Hence this Bill. NEW DELHI; JANARDAN SINGH ‘SIGRIWAL’ February 10, 2022.328 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of the National Widows Welfare Board. Clause 4 provides for the constitution of a Welfare Fund. Clause 6 provides for facilities like subsistence allowance, free residential accommodation, medical facilities, gainful employment, etc. to widows. Clause 8 provides that Central Government shall provide requisite funds for carrying out the purposes of the Bill. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of rupees one thousand crore approximately is likely to be involved. A non-recurring expenditure of about rupees two hundred crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 329 BILL NO. 38 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. This Act may be called the Constitution (Amendment) Act, 2022. Short title. 2. In article 51A of the Constitution, after clause (k), the following clause shall be Amendment inserted, namely: — article 51A. “(l) to respect and propagate the use of the official language of the Union.’’.330 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Article 51A of the Constitution provides a list of Fundamental Duties which every citizen of India is required to abide by. Article 343 provides that Hindi in Devanagari script shall be the official language of the Union. Hence it becomes the duty of every citizen to respect the official language of the Union and propagate the use of Hindi in daily life. The Bill, therefore, seeks to amend article 51A with a view to make it a fundamental duty of every citizen to respect and propagate the use of Hindi, the official language of the union in daily life. Hence this Bill. NEW DELHI; JANARDAN SINGH ‘SIGRIWAL’ February 10, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 331 BILL NO. 75 OF 2022 A Bill to repeal the Unlawful Activities (Prevention) Act, 1967. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:– 1. This Act may be called the Unlawful Activities (Prevention) Repeal Act, 2022. Short title. 2. The Unlawful Activities (Prevention) Act, 1967 is hereby repealed. Repeal of Act No. 37 of 1967. 3. This Act shall not affect the validity, invalidity, effect or consequences of anything Savings. already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing.332 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Unlawful Activities (Prevention) Act, 1967 (UAPA) has opened the door to a gross abuse of power that is in contravention of the standards set by article 21 of the Constitution of India and international counter-terrorism legislation. As per the 2019 amendment to the UAPA, the state now commands the power to designate individuals as “terrorists”, which was previously restricted to naming groups as “terrorist organisations”. Interfering with the privacy and liberty of individuals, the UAPA contravenes constitutionally mandated provisions which protect against arbitrary or unlawful interference with a person’s privacy. The Act also allows for searches, seizures, and arrests based on the “personal knowledge” of the police without written validation from a superior judicial authority. Further, it turns the presumption of innocence on its head, giving the Government unfettered power to declare any individual a terrorist. The UAPA also violates several fundamental rights along with their various extensions, namely, the right to dissent, the right to reputation, and the right to access the internet. In the leading case of Nikesh Tarachand Shah v. Union of India, the Hon’ble Supreme Court has cautioned that laws which “make drastic inroads into the fundamental right of personal liberty guaranteed by Article 21” should only be applied when there is “compelling state interest for tackling serious crimes”. However, there exists an evident lack of such discrimination in UAPA. The United Nations has also emphasised the importance of preserving and protecting human rights and the rule of law while countering terrorism. In 2020, eight UN special rapporteurs had raised concerns following the 2019 amendment of the UAPA. They found the Act to be incompatible with global standards of human rights legislation, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. As per international law, to call an offence a “terrorist act”, three elements must be cumulatively present: the means used must be deadly; the intent behind the act must be to cause fear among the population or to compel a government or an international organisation to do or refrain from doing something; and the aim must be to further an ideological goal. They noted that the UAPA provided no precise and unambiguous definition of what constitutes a “terrorist threat” which allowed the Government to apply the Act widely and indiscriminately, often to the detriment of human rights. The UAPA allows the Government to take action against individuals for acts that are “likely to threaten” or “likely to strike terror in people”, and it is this notion of ‘potential terrorism’ that violates the principle of proportionality in punishment and encourages misuse. The death of Father Stanislaus Lourduswamy, a prominent tribal rights activist known for his decades-long service, in judicial custody after being repeatedly denied bail, and the prolonged indefinite detention of journalist Siddique Kappan, highlights the worrying implications of this regime. The UAPA has also been criticised for making the process itself a punishment. For example, according to the National Crime Records Bureau, between 2014 and 2016, over 75% of cases under the UAPA ended either in acquittal or discharge. Data also suggests that each year between 2014 and 2020, an average of 985 cases under UAPA were registered, of which the number of pending cases rose by 14.38% annually. Over the last 7 years, though around 10,552 Indians have been arrested under UAPA, only 253 have been convicted, making the conviction rate a meagre 2.4%. During the same period, merely 40.58% of the cases taken up for investigation were sent to trial, of which trial was completed in a scarce 4.5% of the cases. These statistics are representative of the grave miscarriages of justice that the UAPA enables and too often entails. Several noted Supreme Court judges, such as Justice DY Chandrachud, Justice Madan B. Lokur, Justice Deepak Gupta, Justice Aftab Aslam, Justice Gopala Gowda, and Justice RF Nariman, have expressed concern over the UAPA and its potential for misuse and wrongful incarceration. Similarly, senior advocates and civil society leaders alike have criticised the Act, noting its liability for abuse, and suggested that its powers be curtailed or struck downSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 333 entirely. Over the years, UAPA has become a tool of repression—a weapon to keep people entangled in the legal system and place people in jails for as long as the state wants. The state owes a duty of care to its citizens and the fear of dissent and criticism is no excuse to violate fundamental rights and impinge on natural freedoms. Behind the facts, figures, and analysis lie the human cost at the heart of a draconian and unjust act, such as the UAPA. Such a law, which is a weapon of misuse and abuse, has no place in a democracy. It is, therefore, important to repeal this legislation. Hence this Bill. NEW DELHI; SHASHI THAROOR February 17, 2022.334 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 87 OF 2022 A Bill to provide for the in-situ protection, preservation, promotion and sustainable devel- opment of India’s Traditional Knowledge 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 Protection of Traditional Knowledge Act, 2022. 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. Definitions. 2. In this Act, unless the context otherwise requires,— (i) “appropriate Government” means the concerned State Government or the Union Territory Administration; (ii) “commercial use” means making available any product, process, material, form, practice or performance, that is traditional knowledge, for sale in the market or making available for sale in market the outcome of any research in traditional knowledge; (iii) “knowledge society” means a group of people or family, whether indigenous, tribal or otherwise, residing within the boundaries of the national territory, who may beSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 335 identified as a separate group from other groups or other members of the society by reason of their exclusive association with one or more forms of traditional knowledge: Provided that such group of people or family shall constitute itself as a legal entity such as trust, society or company other than large enterprise but including a company under sub-section (62) of section 2 of the Companies Act, 2013 and is constituted specifically and exclusively for managing commercial and non-commercial use of one or more forms of traditional knowledge; (iv) “licensee” means any person who holds traditional knowledge license under this Act and is authorized to use the traditional knowledge subject to the conditions of the license; (v) “large enterprise” means an enterprise which is not a micro, small or medium enterprise under the Micro, Small and Medium Enterprise Development Act, 2006 and includes any industry classified as a large industry by the Central Government by notification in the Official Gazette; (vi) “non-commercial use” means making available any product, process, material, form, practice or performance, that is traditional knowledge, for purposes other than commercial use and includes the use of such knowledge for research, provided that the research is conducted and knowledge disseminated as per the guidelines of the Central Government; (vii) “person” means any citizen of India, body corporate, whether incorporated or not, partnership or organization, whether registered or not, or anyone who is not a citizen of India; (viii) “prescribed” means prescribed by rules made under this Act; (ix) “traditional knowledge” means knowledge and expression of culture, which may subsist in codified or oral or other forms, whether publicly available or not, that is dynamic and evolving and is passed on from generation to generation, for at least three generations, whether consecutively or not, which is associated with group or groups who are maintaining, practicing or developing it in traditional cultural context and includes know-how, skills, innovations, practices, learning, medicinal preparations, method of treatment, literature, music, art forms, designs and marks but does not include any traditional knowledge covered by any law for the time being in force providing for its preservation, promotion, management or unauthorized commercial exploitation; (x) “NATK” means the National Authority on Traditional Knowledge constituted under section 12; (xi) “State Board” means the State Board constituted under section 24; (xii) “TKDL” means Traditional Knowledge Digital Library, that is, the system of identifying, classifying, codifying and cataloguing traditional knowledge obtained or derived from India and maintained by the unit of the Council of Scientific and Industrial Research; and (xiii) “TKDS” means Traditional Knowledge Docketing System of information to identify communities with their respective traditional knowledge, maintained by the State Boards and coordinated by the NATK. CHAPTER II DEEMED OWNERSHIP AND DEEMED RIGHTS 3. (1) For all traditional knowledge that is obtained, derived or practiced solely within Ownership a State or Union Territory, the respective appropriate Government shall be deemed as the and License Rights. owner of the traditional knowledge:336 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that if a particular traditional knowledge is practiced in more than one State or Union territory, then all such appropriate Government shall be deemed to have joint ownership and equal and undivided share on any claim or interests in that traditional knowledge. (2) Every knowledge society shall apply to the appropriate government according to the procedure laid down in section 35 to get recognition as the custodian of traditional knowledge: Provided that the appropriate government shall encourage individual practitioners of traditional knowledge to form knowledge societies. (3) Subject to sub-section (8) of section 22 and sub-section (8) of section 33, an application under sub-section (2) made by a knowledge society, shall be accepted only if another knowledge society is not a company under sub-section (62) of section 2 of Companies Act, 2013 and recognized as a custodian of the same traditional knowledge. (4) Subject to sub-section (4) of section 22, the appropriate Government shall forward the application to NATK under sub-section (2) of section 33 for issuing a letter of recognition after recording vital information about the traditional knowledge and the custodian in TKDS in accordance with sub-section (5) of section 35. (5) The knowledge society shall, consequent upon recognition as the custodian of the traditional knowledge by NATK under sub-section (4) be deemed to have a non-exclusive perpetual license for commercial use and non-commercial use of the traditional knowledge and all the members of the knowledge society shall enjoy the rights collectively: Provided that the letter of recognition shall contain provisions of deemed license in the prescribed format and such letter shall be deemed as a duly signed contract between the appropriate Government and the custodian under the Indian Contract Act, 1872: Provided further that the knowledge society or its members shall not have the right to sub-license the non-exclusive perpetual license granted under this sub-section, except for the right to permit limited use by others under sub-section (3) of section 4. (6) Without prejudice to sub-section (4), there shall be no registration of the traditional knowledge or creation of rights. (7) Subject to sub-section (4) of section 22 and sub-section (3) of section 35, the appropriate Government and NATK shall not recognize another knowledge society as a custodian of the traditional knowledge without providing an opportunity of being heard under section 42 to the knowledge society which is already recognized as the custodian or as one of the custodians of such traditional knowledge: Provided that all such knowledge societies may be encouraged by NATK to form a consortium of custodians of that traditional knowledge. (8) The knowledge society recognized as the custodian of the traditional knowledge shall bring all instances of usurpation or misappropriation to the notice of the appropriate Government and the appropriate Government shall entrust the NATK or the State Boards, to take appropriate legal action against the usurper or appropriator as the case may be. (9) Without prejudice to sub-section (8), the custodian of such traditional knowledge may sue any person against any matter other than remedies for infringement of ownership rights on traditional knowledge. Rights of 4. (1) A knowledge society, recognized as custodian of traditional knowledge under members of section 3, shall have the collective right to— Knowledge Society. (i) create, maintain, control and develop their protected traditional knowledge; (ii) authorize, deny or revoke, the access to and utilization of traditional knowledge by non-members;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 337 (iii) offer membership to interested persons; (iv) be informed of access to their traditional knowledge through a disclosure mechanism in all applications, which shall require evidence of consent prior to the applications, and benefit sharing requirements, in accordance with this Act; (v) a fair and equitable share of benefit, whether in monetary or non-monetary terms, arising from the utilization of traditional knowledge. (2) All persons who are members of the knowledge society, shall have the right to commercial and non-commercial use of the attributed traditional knowledge. (3) The knowledge society shall have the right to permit the use of traditional knowledge by a non-member, for a limited period of time and for a specific application and revoke such license, for good cause: Provided that grant of license to a non-member shall be notarised by the appropriate Government. (4) The knowledge society may seek advice of the appropriate government on granting permission to a non-member as per sub-section (3). (5) The knowledge society shall regulate the rights relating to deemed license and its use with respect to the traditional knowledge, against members and non-members, by forming a decision making body in such form and manner as the knowledge society deems appropriate. (6) The decision making body under sub-section (5) shall be formed by election of its members by majority vote of each of the member of the knowledge society. (7) The term of the decision making body shall be five years. 5. (1) An agreement shall be executed between the knowledge society and the non- Access member, who seeks the grant of permission under sub-section (3) of section 4, for allowing agreement for use by non- commercial or non-commercial use of the traditional knowledge by the non-member and a members. copy thereof shall be deposited with the concerned State Board or NATK, as the case may be: Provided that such permission for commercial or non-commercial use of traditional knowledge shall be non-transferable and non-exclusive in nature: Provided further that the NATK or State Board, as the case may be, shall ensure that an equitable benefit sharing contract under section 6 is signed within a period of three months if the use of traditional knowledge is for commercial purposes. (2) The agreement for commercial or non-commercial use of the traditional knowledge shall be accompanied with clear labelling, demarcation or identification of the original traditional knowledge, period of permitted use, specific nature of application for which permission is granted, and other information as considered necessary in this regard. (3) Any enrichment, development or advancement of the traditional knowledge as a result of its non-commercial or commercial use shall be included within the realm of the original traditional knowledge held by the custodian of the traditional knowledge. (4) The non-member granted permission for commercial or non-commercial use of the traditional knowledge shall not transfer any technology associated with the traditional knowledge to any other person or allow the use of traditional knowledge by unauthorised persons. (5) Any enrichment, development or advancement of the traditional knowledge as a result of its non-commercial use shall be included back to the realm of the original traditional knowledge to be placed in the custody of the original custodian: Provided that a non-disclosure agreement shall be signed with the knowledge society to ensure compliance to this sub-section.338 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Equitable 6. Where permission for the commercial use of the traditional knowledge has been granted benefit under section 5, a mutually agreeable and equitable benefit sharing contract shall be signed by sharing and between the knowledge society, the appropriate Government and the non-member who has agreement. been granted the permission for commercial use of the traditional knowledge: Provided that NATK shall receive the lump sum and royalty on behalf of the knowledge society and appropriate Government, as per the benefit sharing contract specified under this section, to be transferred to its National Traditional Knowledge Fund set up under section 20, and shall ensure the equitable sharing of benefits between the knowledge society and the appropriate Government. Recognition 7. (1) Subject to the provisions of sub-section (3) of section 5, a request for of value- non-commercial use of traditional knowledge in a non-exclusive manner, especially for research addition to purposes, shall not ordinarily be rejected by the knowledge society unless it is detrimental traditional knowledge. to the interests of the knowledge society: Provided that the use of the traditional knowledge shall be accompanied with clear labelling and demarcation or identification that the traditional knowledge is obtained or derived from India. Illustration.—The use of traditional knowledge for research shall be accompanied with referencing in the following words: “This traditional knowledge referring to was obtained/derived from India and is in the custody of the Union of India.” (2) Subject to the provisions of sub-section (3) of section 5, the non-member granted permission for non-commercial use of traditional knowledge shall be felicitated by the appropriate government for having contributed to such enrichment, development or advancement of traditional knowledge, in a manner as prescribed by the appropriate government. (3) Subject to the provisions of sub-section (3) of section 4, the non-member granted permission for the commercial or non-commercial use of the traditional knowledge may also be made an associate member of the knowledge society at the discretion of its decision body: Provided that such associate member shall become entitled to one vote in the decision making body of the knowledge society with regard to the use and enrichment, development or advancement, whether for commercial or non-commercial use, of such traditional knowledge. Intellectual 8. (1) No patents or any other form of intellectual property protection shall be granted Property or applied for by any person, within India or abroad, on any traditional knowledge or Rights and aggregation thereof, on any traditional knowledge obtained or derived from India, whether in traditional knowledge. the custody of the knowledge society or in public domain. (2) Subject to sub-section (1), an invention, according to clause (j) of sub-section (1) of section 2 of the Patents Act, 1970, which is the output of advanced research on traditional knowledge, may be patented: Provided that prior to submitting an application to the patent office for acquiring a patent for such invention based on the traditional knowledge, the applicant shall acquire permission from the NATK. Misappropriation 9. (1) The misappropriation of traditional knowledge shall include, but is not limited and regulation to— of traditional knowledge. (i) access and use of the traditional knowledge without prior approval of the appropriate Government or knowledge society; (ii) transfer of traditional knowledge in violation of the conditions laid down in sub-section (4) of section 5; (iii) where applicable, violation of any terms of the agreement between theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 339 authorised user of the traditional knowledge under sub-section (3) of section 4 and the custodian of traditional knowledge, for whatever purpose, whether commercial or non-commercial; (iv) willful attempt to apply or obtain a patent or intellectual property protection for a traditional knowledge in the custody of a recognized knowledge society through deliberate efforts; (v) any act that is in breach of confidence and which results in the violation of any law in force; and (vi) such misappropriation, which may or may not have resulted into gainful profit for the violator or may or may not have caused any harm to the custodians, monetary or otherwise. (2) Subject to section 49, the misappropriation of traditional knowledge shall be deemed as an offence and shall be punishable under this Act. (3) Notwithstanding anything contained in sub-section (3) of section 4, the following persons shall apply to the appropriate government to seek permission to enter into an agreement with a knowledge society under sub-section (1) of section 5 and the appropriate government shall entrust NATK or State Boards, as the case may be, to decide on the matter:– (i) a person who is not a citizen of India; (ii) a citizen of India, who is a non-resident as defined in clause (30) of section 2 of the Income tax Act, 1961; (iii) a body corporate, association or organization not incorporated or registered in India; (iv) a body corporate, association or organization incorporated or registered in India under any law for the time being in force which has any non-Indian participation in its share capital or management; (v) a body corporate, association or organization incorporated or registered in India which is a large scale enterprise; and (vi) anyone, who is not a relevant custodian of the traditional knowledge, defined as per this Act. (4) Without prejudice to clause (iii) of sub-section (2) of section 20 and clause (iv) of sub-section (2) of section 31, any person continuing the use or practice of traditional knowledge post enforcement of this Act shall be considered to constitute the offence of misappropriation as specified under sub-section (1) of this section, unless a recognition is obtained under sub-section (4) of section 3. 10. Where traditional knowledge has been misappropriated, the appropriate government Civil remedies shall, subject to sub-section (8) of section 3, be entitled to all such remedies by way of for misappropriation injunction, damages, accounts and otherwise as are or may be conferred by law for the of traditional infringement of a right. knowledge. 11. (1) Whoever is found guilty of misappropriation under clause (i) of sub-section (1) Punishment of section 9 shall be punishable with imprisonment for a term which may extend to five years for misappropriation. or with fine which may extend to ten lakh rupees and, where the damage caused exceeds ten lakh rupees, such fine as may commensurate with the damage caused, or with both. (2) Whoever is found guilty of misappropriation under clauses (ii) to (vi) of sub-section (1) of section 9 shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees, and, where the damage caused exceeds five lakh rupees, such fine as may commensurate with the damage caused, or with both.340 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) If any person contravenes any direction given or order made by the Central Government, the State Government, the NATK or the State Board for which no punishment has been separately provided under this Act, he shall be punished with a fine which may extend to one lakh rupees and in case of a second time offence, with fine which may extend to two lakh rupees and in the case of continuous contravention with additional fine may extend to two lakh rupees everyday during which the default continues. (4) Where an offence or contravention under this Act has been committed by a company, every person who at the time of the offence or contravention 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 or contravention committed unless proved that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention. (5) Notwithstanding anything contained in sub-section (4), where an offence or contravention under this Act has been committed by a company and it is proved that the offence or contravention 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 the offence or contravention and shall be liable to be proceeded against and punished accordingly. CHAPTER III NATIONAL AUTHORITY ON TRADITIONAL KNOWLEDGE Establishment 12. (1) With effect from such date as the Central Government may, by notification in the of National Official Gazette, appoint, there shall be established by the Central Government for the purposes Authority on of this Act, a body to be called the National Authority on Traditional Knowledge (NATK). Traditional Knowledge. (2) The NATK shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) The head office of the NATK shall be at Thiruvananthapuram and the NATK may, with the previous approval of the Central Government, establish offices at other places in India. (4) The NATK shall consist of the following members– (i) a Chairperson, who shall be an eminent person having adequate knowledge and experience in the conservation and sustainable use of India’s traditional knowledge, patents and intellectual property protections, and in matters relating to equitable sharing of benefits, to be appointed by the Central Government; (ii) a Member Secretary, who is the head of staff structure created under section 15 and shall be a person of adequate experience in handling knowledge resources, docketing and documentation to be appointed by the Central Government; (iii) ex-officio members, to be appointed by the Central Government, one each as representatives of the following ministries and departments– (a) Ministry of Tribal Affairs; (b) Ministry of Science and Technology; (c) Ministry of Law and Justice; (d) Office of the Controller General of Patents, Designs and Trade Marks; (iv) the Director General of the Council of Scientific and Industrial Research; (v) the Chairperson of the National Biodiversity Authority;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 341 (vi) five non-official non-voting members, to be appointed by the Chairperson of NATK for a period of three years, from amongst specialists and scientists, in an advisory capacity, having special knowledge of, or experience in, matters relating to conservation and sustainable use of traditional knowledge, patents and intellectual property protections, and equitable sharing of benefits arising out of the use of traditional knowledge, representatives of industry, conservers, creators and knowledge holders of India’s Traditional knowledge: Provided that one such member shall be the head of the Traditional Knowledge Digital Library unit of the Council of Scientific and Industrial Research. 13. (1) The salary, term of office and conditions of service of the Chairperson, Conditions of Member-Secretary and honorarium for non-official non-voting members other than the service of Chairperson ex-officio members of the NATK shall be such as may be prescribed. and members. (2) The Chairperson shall be the presiding officer of the NATK and shall exercise such powers and perform such duties, as may be prescribed by rules made by the Central Government. (3) The Central Government may remove from the NATK any member who, in its opinion, has— (i) been adjudged as an insolvent; or (ii) been convicted of an offence which involves moral turpitude; or (iii) become physically or mentally incapable of acting as a member; or (iv) so abused his position as to render his continuance in office detrimental to the public interest; or (v) acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (vi) acquired any other conflict of interest as is likely to affect prejudicially his functions as a member. (4) The NATK shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be prescribed by rules made by the Central Government. (5) The Chairperson of the NATK shall preside at the meetings of the NATK. (6) If for any reason, the Chairperson is unable to attend any meeting of the NATK, one of the ex-officio members of the NATK, as chosen by the members present at the meeting, shall preside over the meeting. (7) All questions and appeals which come before any meeting of the NATK shall be decided by a majority of votes consisting of two-thirds of the members present and voting and in the event of equality of votes, the Chairperson or, in his absence, the person presiding, shall have and exercise a second or casting vote. (8) Every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and after such disclosure, the member concerned or interested shall not attend that meeting. (9) No act or proceeding of the NATK shall be invalidated merely by reason of– (i) any vacancy in, or any defect in the constitution of the NATK; or (ii) any defect in the appointment of a person acting as a member; or (iii) any irregularity in the procedure of the NATK not affecting the merits of the case.342 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Committees 14. (1) The NATK may constitute such number of committees as it deems fit for the of NATK. efficient discharge of its duties and performance of its functions under this Act. (2) A committee constituted under this section shall co-opt such number of persons, who are not the members of the NATK, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote. Officers and 15. The NATK may appoint such officers and other employees as it considers necessary employees of for the efficient discharge of its functions under this Act. National Authority. Authentication 16. All orders and decisions of the NATK shall be authenticated by the signature of of orders and the Chairperson or any other member authorized by the NATK in this behalf and all other decisions. instruments executed by the NATK shall be authenticated by the signature of the Member Secretary of the NATK. Delegation of 17. The NATK may, by general or special order in writing, delegate to any member or powers. officer of the NATK or any other person subject to such conditions, if any, as may be specified in the order, such of the powers and functions under this Act (except the power to prefer an appeal under section 43 and the power to make rules under section 50) as it may deem necessary. Salaries and 18. The salaries and allowances payable to the members and the administrative expenses Allowances of the NATK including salaries, allowances and honorarium to non- official non-voting members, of NATK. and pension payable to, or in respect of, the officers and other employees of the NATK shall be defrayed out of the Consolidated Fund of India. Central 19. The Central Government shall, after due appropriation made by Parliament by law in Government this behalf, pay by way of grants or loans such sums of money to the NATK as the Central to provide Government may think fit for carrying out the purposes of this Act. grants and loans to the NATK. National 20. (1) There shall be constituted a Fund, to be managed by the NATK, to be called the Traditional National Traditional Knowledge Fund and there shall be credited to the Fund— Knowledge Fund. (i) any grants and loans made to the NATK under section 19; (ii) all royalties and other benefits received by the NATK on traditional knowledge under its custody; and (iii) all sums received by the NATK from such other sources as may be decided upon by the Central Government. (2) The Fund shall be applied for— (i) channelling benefits to the knowledge societies and appropriate governments; (ii) in-situ conservation, promotion and sustainable development of traditional knowledge; and (iii) socio-economic development of persons practising traditional knowledge and incentivizing formation of knowledge societies within the country. Budget 21. (1) The NATK shall prepare a budget, maintain proper accounts and other relevant accounts and records (including the accounts and other relevant records of the National Fund) and prepare audit. an annual statement of account in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor General of India. (2) The accounts of the NATK shall be audited by the Comptroller and Auditor General of India at such intervals as may be specified by him and any expenditure incurred inSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 343 connection with such audit shall be payable by the NATK to the Comptroller and Auditor General of India. (3) The Comptroller and Auditor General of India and any other person appointed by him in connection with the audit of the accounts of the NATK shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor General 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 National Authority. (4) The accounts of the NATK 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. 22. (1) NTKA shall be deemed as the institutional repository of vital information Functions of concerning the traditional knowledge owned by the appropriate government under the NATK. Section 3 and custodian of unified TKDS. (2) The NATK shall advise the Central Government on matters relating to grants of erroneous patents based on India’s traditional knowledge and shall directly oppose the grant of such patents by the Patent Offices. (3) The NATK shall compile and maintain a central and unified TKDS, by acquiring such details from the State TKDS as may required. (4) The NATK shall settle all disputes and ambiguities in regard to recognition of new knowledge societies, subject to sub-section (7) of section 3 and sub-section (3) of section 33, post investigation and consultation with the TKDL unit or any experts it deems necessary, and the decision shall reflect in the TKDS. (5) The NATK shall examine any dispute, application or appeal, brought to its notice in a manner prescribed by the Central Government, and after due investigation and hearing, grant decisions as per powers vested in it by this Act. (6) The NATK may— (i) advise the Central Government on matters relating to the in-situ conservation, sustainable management and use of traditional knowledge and equitable sharing of benefits arising out of the utilization of traditional knowledge; (ii) advise the Central Government on matters relating to TKDL access (non-disclosure) agreements with foreign patent offices and such other matters as may be deemed necessary, for access to material from the TKDL; (iii) assist the right holders to negotiate terms with other possible users, whether commercial or non-commercial; (iv) undertake promotional activities for traditional knowledge; and (v) perform such other functions as may be necessary to carry out the provisions of this Act. (7) The NATK shall issue guidelines in accordance with provisions of sub- section (2) of section 3 for the certification of knowledge society with the State Board, in order for them to be recognized as custodians of traditional knowledge. (8) The NATK may, after consultation with any expert committee constituted in this regard, declare any form of traditional knowledge, ‘under threat of extinction’, and shall constitute special provisions and programmes to prevent the extinction of the traditional knowledge. (9) The NATK shall, in consultation with the Central Government, State Boards and an expert committee constituted for such purpose, frame guidelines for benefit sharing344 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— agreements, for the benefit of the knowledge societies and the appropriate governments, which may be given effect in all or any of the following manner, namely: (i) transfer of technology; (ii) location of production, research and development units in such areas which will facilitate better living standards to the benefit claimers; (iii) association of benefit claimers and the local people with research and development in traditional knowledge and its utilization; (iv) setting up of venture capital fund, for aiding the cause of benefit claimers; (v) payment of such monetary compensation and non-monetary benefits to the benefit claimers as the NATK may deem fit; (vi) payment of lump sum or royalty on commercial use; and (vii) joint patenting under sub-section (2) of section 8 or royalty from benefits arising out of licensing of patenting. (10) The NATK shall prepare an annual report on sustainable management of traditional knowledge in accordance with this Act, including the functioning of the NATK, the State Boards, and the appropriate governments with regard to India’s traditional knowledge. (11) The NATK shall lay the report prepared under sub-section (10) before each House of Parliament and shall also publish the report on its website. Powers of the 23. (1) The NATK shall have, for the purpose of discharging its functions under this National Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in Authority. respect of the following matters, namely:– (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) requiring the discovery and production of documents; (iii) receiving evidence on affidavits; (iv) issuing commissions for the examination of witness or documents; (v) reviewing its decisions; (vi) dismissing an application for default or deciding it ex-parte; (vii) setting aside any order of dismissal of any application or any order passed by it ex-parte; (viii) any other matter which may be prescribed. (2) All members, officers and other employees of the NATK shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code,1860. CHAPTER IV STATE BOARD OF TRADITIONAL KNOWLEDGE Establishment 24. (1) With effect from such date as the respective State Government may, by notification of State in the Official Gazette, appoint in this behalf, there shall be established by that Government Board on for the purposes of this Act, a body for the State to be known as the (name of the State) State Traditional Board on Traditional knowledge. Knowledge. (2) Notwithstanding anything contained in this section, no State Board shall be constituted for a Union territory and in relation to a Union territory, the NATK shall exercise the powers and perform the functions of a State Board for that Union Territory:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 345 Provided that in relation to any Union Territory, the NATK may delegate all or any of its powers or functions under this sub-section to such person or group of persons as the Central Government may specify. (3) The State Board shall be a statutory body by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. (4) The State Board shall consist of the following members, namely: (i) a Chairperson, who shall be an eminent person having adequate knowledge and experience in the conservation and sustainable use of traditional knowledge, patents and intellectual property protection and in matters relating to equitable sharing of benefits, to be appointed by the NATK. (ii) three ex-officio members, namely:– (a) President of the State Sahithya Academy or Folklore Academy; (b) Vice-Chancellor of a University to be nominated by the State Government; (c) the Advocate-General of the State; (iii) one scientist having adequate knowledge and experience in the conservation and sustainable use of traditional knowledge, patents and intellectual property protection and in matters relating to equitable sharing of benefits nominated by the State Government; and (iv) not more than five non-official members from amongst experts in matters relating to conservation and sustainable use of traditional knowledge, patents or other forms of intellectual property protections and equitable sharing of benefits arising out of the use of traditional knowledge, to be appointed by the State Government. (5) The head office of the State Board shall be at such place as the State Government may, by notification in the Official Gazette, specify. 25. (1) The salary, term of office and conditions of service of the Chairperson and the Conditions of service of members other than ex-officio members of the State Board shall be such as may be prescribed Chairperson by rules made by the State Government. and members. (2) The Chairperson shall be the Chief Executive Officer of the State Board and shall exercise such powers and perform such duties, as may be prescribed by rules made by the State Government. (3) The State Government may remove from the State Board any member who, in its opinion, has– (i) been adjudged as an insolvent; or (ii) been convicted of an offence which involves moral turpitude; or (iii) become physically or mentally incapable of acting as a member; or (iv) so abused his position as to render his continuance in office detrimental to the public interest; or (v) acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or (vi) acquired any other conflict of interest as is likely to affect prejudicially his functions as a member. (4) The State Board shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be prescribed by rules made by the State Government.346 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (5) The Chairperson of the State Board shall preside at the meetings of the State Board. (6) If for any reason, the Chairperson is unable to attend any meeting of the State Board, any member of the State Board chosen by the members present at the meeting shall preside at the meeting. (7) All questions and appeals which come before any meeting of the State Board shall be decided by a majority of votes consisting of two-thirds of the members present and voting and in the event of equality of votes, the Chairperson or, in his absence, the person presiding, shall have and exercise a second or casting vote. (8) Every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and after such disclosure, the member concerned or interested shall not attend that meeting. (9) No act or proceeding of the State Board shall be invalidated merely by reason of— (i) any vacancy in, or any defect in the constitution of the State Board; or (ii) any defect in the appointment of a person acting as a member; or (iii) any irregularity in the procedure of the State Board not affecting the merits of the case. Officers and 26. The State Board may appoint such officers and other employees as it considers employees of necessary for the efficient discharge of its functions under this Act. State Board. Authentication 27. All orders and decisions of the State Board shall be authenticated by the signature of orders and of the Chairperson or any other member authorized by the State Board in this behalf and all decisions of other instruments executed by the State Board shall be authenticated by the signature of an State Board. officer of the State Board authorized by it in this behalf. Delegation of 28. The State Board may, by general or special order in writing, delegate to any member powers. or officer of the State Board or any other person subject to such conditions, if any, as may be specified in the order, such of the powers and functions under this Act (except the power to prefer an appeal under section and the power to make rules under section 50) as it may deem necessary. Expenses of 29. The salaries and allowances payable to the members and the administrative State Board expenses of the State Board including salaries, allowances and pension payable to, or in on respect of, the officers and other employees of the State Board shall be defrayed out of the Traditional Consolidated Funds of the State. Knowledge. Grants and 30. The State Government may, after due appropriation made by the State Legislature loans to State by law in this behalf, pay to the State Board by way of grants or loans such sums of money Board. as the State Government may think fit for being utilized for the purposes of this Act. Constitution 31. (1) There shall be constituted a Fund, to be managed by the State Board, to be of State called the State Traditional Knowledge Fund and there shall be credited to the Fund— Traditional Knowledge (i) any grants and loans made to the State Board under section 30; Fund. (ii) any grants or loans made by the State Government; (iii) all sums received by the State Board from such other sources as may be decided upon by the State Government or the NATK including benefits received from NATK in line with equitable benefit sharing contracts under section 6. (2) The State Fund shall be applied for— (i) the management and conservation of traditional knowledge;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 347 (ii) compensating or rehabilitating any section of the people economically affected by acts committed under sub-section (1) of section 9 or the violation of the rights of traditional knowledge societies; (iii) in-situ conservation, promotion and sustainable development of traditional knowledge; (iv) socio-economic development of persons practicing traditional knowledge and incentivizing formation of knowledge societies within the State; and (v) meeting the expenses incurred for the purposes authorized by this Act. 32. The accounts of the State Board shall be maintained and audited in such manner as Audit of the State Government may, in consultation with the Accountant General of the State, prescribe accounts of State Board. and the State Board shall furnish, to the State Government, before such date as may be prescribed, its audited copy of accounts together with auditor’s report thereon. 33. (1) The State Board shall be the trustee of traditional knowledge owned by the Functions of State under sub-section (1) of section 3. State Board. (2) The State Board shall, if satisfied after sufficient scrutiny of application received under sub-section (2) of section 3 and following the procedures under sub-section (2) of section 35, forward the application to NATK with a clear recommendation for processing the same under sub-section (4) of section 22. (3) Subject to sub-section (1) of section 23, NATK shall pass an order within a period of six months, recognizing or rejecting the claim of the knowledge society for recognition as a custodian of traditional knowledge. (4) The State Board shall ensure that the TKDS remains up to date and that all orders of NATK, in regard to custodianship of traditional knowledge, are reflected in the TKDS within one month of the order of NATK under sub- section (3) above. (5) The State Board may— (i) advise the State Government on matters relating to the conservation and sustainable use of traditional knowledge and equitable sharing of benefits arising out of the utilization of traditional knowledge; (ii) advice the NATK or appropriate government on matters relating to grants of erroneous patents based on India’s traditional knowledge; (iii) assist the right holders to negotiate terms with other possible users under sub-section (3) of section 4, whether commercial or non-commercial for which they may charge a fee; (iv) undertake promotional activities for traditional knowledge, protection and management; (v) perform such other functions as may be necessary to carry out the provisions of this Act. (6) The State Board may facilitate and support, in any manner necessary, the indentifying, classifying, codifying and cataloguing of all traditional knowledge of the State, which are already in public domain and no custodianship can be claimed thereon, in collaboration with the TKDL unit of Council of Scientific and Industrial Research. (7) The State Board shall, by any act or measure necessary, promote and protect the traditional knowledge of the State and the rights of the knowledge societies, and build awareness of the communities on the aforementioned rights as custodians of traditional knowledge. (8) The State Board may, after consultation with any expert committee constituted in this regard, recommend to NATK for declaring any form of traditional knowledge ‘under348 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— threat of extinction’, and shall constitute special provisions and programs to prevent the extinction of such traditional knowledge. (9) The State Board shall prepare an annual traditional knowledge report on sustainable management of traditional knowledge in accordance with this Act, including the functioning of the State Board and State Government with regards to the State’s Traditional knowledge. (10) The State Board shall lay the report prepared under sub-section (8) before the State’s Legislative Assembly and Council if applicable, for a total period of thirty days and shall also publish the report on its website. Powers of the 34. All members, officers and other employees of the State Board shall be deemed, State Board when acting or purporting to act in pursuance of any of the provisions of this Act, to be on public servants within the meaning of section 21 of the Indian Penal Code, 1860. Traditional knowledge. CHAPTER V PROCEDURES, TKDS, TKDL AND FUNCTION OF GOVERNMENT Application 35. (1) The NATK or the State Board, as the case may be, shall receive an application for grant of under sub-section (2) of section 3 and fees in a manner prescribed and sufficient scrutiny of custodianship. details as per sub-section (2) of section 3, accept an application from a knowledge society, to be recognized as custodians of traditional knowledge. (2) The NATK or the State Board, as the case may be, shall give wide publicity for at least one month to the application for grant of custodianship of traditional knowledge to a knowledge society with a view to invite any objections or grievances to such grant of custodianship before the procedure under sub-section (4) of section 22 is initiated by NATK. (3) The NATK or the State Board, as the case may be, shall examine objections or grievances brought to its notice in regard to grant of custodianship and after following due process under sub-section 4 of section 22, take a decision on application for grant of custodianship. (4) The NATK or the State Board, as the case may be, shall decide on grant of custodianship as per powers vested in it by this Act. (5) In case of grant of custodianship to the knowledge society, the NATK or the State Board, as the case may be, shall issue a letter of recognition, and a unique and exclusive docket number from its TKDS, to the knowledge society with due intimation to the respective State Board. Traditional 36. (1) A Traditional Knowledge Docketing System (TKDS) shall be created and Knowledge maintained by each State Board for its jurisdiction and centrally coordinated and maintained by Docketing the NATK. System. (2) The TKDS shall be deemed as a repository of vital information in order to identify the custodian knowledge society with the traditional knowledge. (3) The TKDS shall constitute— (i) details of the custodian knowledge society in respect of nature or definition by which members of the knowledge society may be identified and where they may be found. (ii) a short non-exploitable description of the traditional knowledge: Explanation.— The description of the traditional knowledge shall be enough to identify the traditional knowledge but not so much that it can be exploited without the consent of the knowledge society. (iii) the details of constitution of knowledge society, if any, which shall include matters like details of the decision making body of the knowledge society, whom to contact and how to approach the knowledge society.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 349 37. (1) The Traditional Knowledge Digital Library unit under Council of Scientific and Traditional Industrial Research (CSIR) shall maintain, protect and develop India’s Traditional Knowledge Knowledge Digital Digital Library (TKDL) for the purposes of identifying, classifying, codifying and cataloguing Library. the traditional knowledge that is obtained or derived from India. (2) The TKDL unit shall attempt to identify, classify, codify and catalogue India’s traditional knowledge which is in the custody of the appropriate Government. (3) The TKDL unit shall attempt to identify, classify, codify and catalogue the traditional knowledge in the custody of any knowledge society, if the knowledge society provides consent to the TKDL unit, prior to its use. (4) In the case of traditional knowledge in the TKDL, before the custody of traditional knowledge is transferred to a knowledge society, the knowledge society may, by way of notification through the appropriate Government, choose to purge the information relating to their traditional knowledge from the TKDL. (5) The TKDL shall be made available to patent or intellectual property offices around the world, by whatever name called, as ‘prior art’, to prevent or revoke the grant of erroneous patents on India’s Traditional Knowledge, under reasonable and necessary non-disclosure and privacy agreements. (6) The access to the TKDL shall only be granted on consent of the custodian and after signing a non-disclosure agreement with the TKDL unit of Council of Scientific and Industrial Research (CSIR). 38. (1) The Central Government may take any measures necessary to oppose, prevent Functions of or get revoked, the grant of patents or any other form of intellectual property protection, the Central within India or abroad, which is based on traditional knowledge obtained or derived from Government. India. (2) The Central Government may constitute such schemes and programs, as it deems necessary, for the protection, in-situ preservation, promotion and sustainable development of traditional knowledge obtained or derived from India, as per the spirit of this Act. 39. (1) The State Government may take any measures necessary to oppose, prevent or Functions of get revoked the grant of patents or any other form of intellectual property protection, within the State Government. India, which is based on traditional knowledge obtained or derived from its jurisdiction. (2) The State Government may constitute such schemes and programs, as it deems necessary, for the protection, preservation, promotion and development of traditional knowledge, as per the spirit of this Act. CHAPTER VI MISCELLANEOUS 40. (1) Without prejudice to the foregoing provisions, the NATK shall, in the discharge National of its functions and duties under this Act, be bound by such directions on questions of Authority to be bound by policy as the Central Government may give in writing to it from time to time: the directions Provided that the NATK shall, as far as practicable, be given opportunity to given by Central express its views before any direction is given under this sub-section. Government. (2) The decision of the Central Government whether a question is one of policy or not shall be final. 41. (1) Without prejudice to the foregoing provisions, the State Board shall, in the Power of the discharge of its functions and duties under this Act, be bound by such directions on questions State of policy as the State Government may give in writing to it from time to time: Government to give Provided that the State Board shall, as far as practicable, be given an opportunity directions. to express its views before any direction is given under this sub-section.350 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The decision of the State Government whether a question is one of policy or not shall be final. Settlement of 42. (1) Every determination, order or adjudication made by the NATK in regard to any disputes. dispute shall be given in such form and after following such procedure as may prescribed by rules made by the Central Government: Provided that before determining, ordering or adjudicating, the parties shall be given a reasonable opportunity of being heard. (2) While adjudicating any dispute under this section, the NATK shall be guided by the principles of natural justice. Appeals. 43. Any person, aggrieved by any determination or order of the NATK or State Board under this Act, may file an appeal to the respective High Court within sixty days from the date of communication to him, of the determination or order of the NATK or State Board, as the case may be: Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days. Execution of 44. Every determination or order made by the NATK or by the High Court in any appeal determination against any determination or order of the NATK shall, on a certificate issued by any officer or order. of the NATK or the Registrar of the High Court, as the case may be, be deemed to be decree of the civil court and shall be executable in the same manner as a decree of that court. Protection of 45. No suit, prosecution or other legal proceedings shall lie against the Central action taken Government or the State Government or any officer of the Central Government or the State in good faith. Government or any member, officer or employee of the NATK or the State Board for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. Offences to 46. The offences under this Act shall be cognizable and non-bailable. be cognizable and non- bailable. Act to have 47. The provisions of this Act shall be in addition to, and not in derogation of, the effect in provisions in any other law, for the time being in force, relating to bio-diversity. addition to other Acts. Power of 48. The Central Government may give directions to any State Government as to the Central carrying into execution in the State of any of the provisions of this Act or of any rule or Government regulation or order made thereunder. to give direction to State Goverment. Cognizance 49. No Court shall take cognizance of any offence under this Act except on a complaint of offences. made by— (a) the Central Government, appropriate government, NATK, State Boards or any authority or officer authorized in this behalf by that Government; or (b) any knowledge society or user under sub-section (3) of section (4) who has given notice of not less than thirty days in the prescribed manner, of such offence and of his intention to make a complaint, to the Central Government, appropriate government, NATK, State Boards or an officer authorized as aforesaid. Power of Central 50. (1) The Central Government may, by notification in the Official Gazette, make rules Government to for carrying out the purposes of this Act. make rules.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 351 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for any of the following matters, namely:– (i) form of letter of recognition and provisions of deemed license under sub-section (5) of section 3; (ii) manner of felicitation under sub-section (2) of section 7; (iii) terms and conditions of service of the Chairperson and members under sub-section (1) of section 13; (iv) powers and duties of the Chairperson under sub-section (2) of section 13; (v) procedure under sub-section (4) of section 13 in regard to transaction of business at meetings; (vi) allowances of committee members under sub-section (2) of section 14. (vii) form in which the annual statement of account shall be prepared under sub-section (1) of section 21; (viii) form of application and payment of fees for undertaking activities under sub-section (1) of section 35; (ix) the additional matter in which the NATK may exercise powers of the civil court under sub-section (1)(viii) of section 23; (x) the manner of giving notice under sub-section (5) of section 22; (xi) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. (3) Every rule made under this section and every regulation 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 or 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation. 51. (1) The State Government may, by notification in the Official Gazette, make rules for Power of carrying out the purposes of this Act. State 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:— (i) form of application for recognition as custodian and the manner for transfer of traditional knowledge under sub-section (2) of section 35; (ii) manner of felicitation under sub-section (4) of section 6; (iii) terms and conditions of service of the Chairperson and members under sub-section (1) of section 25; (iv) powers and duties of the Chairperson under sub-section (2) of section 25; (v) procedure under sub-section (4) of section 25 in regard to transaction of business at meetings; (vi) the manner of maintaining and auditing the accounts of the State Board and the date before which its audited copy of the accounts together with auditor’s report thereon shall be furnished under section 32;352 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (vii) manner in which the application to be forwarded to NATK under sub-section (2) of section 33; (viii) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules. (3) 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. Power to give 52. The NATK shall, with the previous approval of the Central Government, by effect to the notification in the Official Gazette, make regulations for carrying out the purposes of this Act. provisions of the Act. Power to 53. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order, not inconsistent with the provisions of this Act, remove the difficulties. difficulty: Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. (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 353 STATEMENT OF OBJECTS AND REASONS India is one of the oldest societies of the world, as well as one that has been most aware and conscious of its surroundings. Its observations over the years have translated into one of the largest repositories of knowledge about medicinal preparations, methods of treatment, literature, music, art forms, designs, marks etc. as well as a vast range of know-how, skills, innovations, practices and learnings. Collectively, this constitutes India’s traditional knowledge, which has become, in many ways, an expression of our culture. The advancement of science, technology and commerce offers considerable opportunities for the benefit and spread of India’s traditional knowledge. However, since many of the indigenous communities who are its custodians still rely on their traditional knowledge for their livelihood and identity, its misappropriation can severely prejudice their interests. For instance, patenting and intellectual property protection grants ownership and exclusive rights of use over innovative knowledge. There have already been several attempts to acquire such exclusive access to India’s traditional knowledge, which is a gross injustice. Traditional knowledge is neither an innovation nor held by any single person. Rather it is passed down and refined over several generations and therefore may not be considered as ‘intellectual property’. Even as the World Intellectual Property Organization (WIPO) holds consultations to define and provide guidelines for traditional knowledge and its management, India must appropriate all its traditional knowledge to ensure that any application of it is accompanied with recognition of its original custodians. Moreover, India must ensure that the application of traditional knowledge does not harm the interests of its custodians and the benefits are equitably shared between the knowledge societies and the users. In this regard, India has even set up an innovative and one-of-its-kind ‘Traditional Knowledge Digital Library’ to classify and codify India’s traditional knowledge so that it can be offered as ‘prior art’ to prevent the grant of erroneous patents. Parliamentary recognition shall give it the due importance it deserves to protect India’s interests. However, it should be complimented with a system of registration that identifies the traditional knowledge with its rightful custodians. The protection of traditional knowledge must ensure that there is enough incentive for research and innovation and for its benefits to be shared in a fair manner. There is a vast amount of social benefit from further development of traditional knowledge, and it must equally reward those who are willing to invest in it. This Bill recognizes the complete and absolute right of the Union of India over the traditional knowledge that exists within its national territory. In addition, it recognizes the contribution of specific communities in the development of the traditional knowledge by giving them certain rights, including the right to self-determination. The Bill also proposes administrative framework to manage traditional knowledge in India. Legislation is required so that traditional knowledge of India is rightly attributed, correctly defined and its use appropriately incentivized to maximize its potential benefits. Hence this Bill. NEW DELHI; SHASHI THAROOR February 17, 2022.354 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 12 of the Bill provides that the Central Government shall establish a NATK. It also provides for appointment of a Chairperson and other members to the NATK. Clause 13 provides for conditions of service of Chairperson and members. Clause 15 of the Bill provides for appointment of Officers and other employees to the NATK. Clause 18 provides the salaries and allowances payable to the members and the administrative expenses of the NATK. Clause 19 of the Bill provides that Central Government shall provide grants and loans to the NATK for carrying out the purposes of this Act. Clause 20 provides for the constitution of a National Traditional Knowledge Fund. Clause 35 of the Bill provides that NATK shall give wide publicity for application for grant of custodianship of traditional knowledge to a knowledge society. Clause 36 provides for creation of a Traditional Knowledge Docketing System. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees ten crore would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees seventy-five crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 50 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matter of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 355 BILL NO. 85 OF 2022 A Bill further to amend the Indian Penal Code, 1860. 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 Indian Penal Code (Amendment) Act, 2022. Short title and (2) It shall come into force on such date as the Central Government may, by notification commencement. in the Official Gazette, appoint. 2. In section 299 of the Indian Penal Code, 1860, for the words “doing an act”, the 45 of 1860. Amendment words “doing an act including lynching” shall be substituted. of section 299.356 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The word lynching was unknown to many of Indians until some seven or eight years ago. However, it invaded like a storm and it became so acquainted and even turned into a talking point among even the ordinary citizens of our country. Incidents of lynching started a few years ago from many parts of the country and since then these incidents are continuing unabated. To prevent this heinous crime legislations have been passed by many State Governments, but the same could not be implemented as the bills passed by the State Governments have been reserved by the respective Governors for consideration of the President. The President has to go with the advice given by the Council of Ministers, in the case of such legislation, represented by the Union Government. Union Government is of the view that lynching is not defined as a crime under the Indian Penal Code, 1860 and the bills are still being examined by them. Lynching is a crime which is different from other crimes, and therefore, it has to be defined as a crime in the Indian Penal Code, so that proper steps can be taken up to deal with such crimes and to curtail the growing number of such crimes in the country. Such crimes cannot be simply left out or altogether treating it as a crime together with other crimes, stating that it has not been defined as a crime in the Indian Penal Code, 1860. The Bill, therefore, seeks to amend the Indian Penal Code 1860, with a view to include act of lynching with an intent of causing death or bodily injuries under the offence of culpable homicide. Hence this Bill. NEW DELHI; V. K. SREEKANDAN February 28, 2022.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 357 BILL NO. 89 OF 2022 A Bill further to amend the Mahatma Gandhi National Rural Employment Guarantee Act, 2005. BE it enacted by Parliament in the Seventy-third Year of the Republic of India as follows:— 1. (1) ThisAct may be called the Mahatma Gandhi National Rural Employment Guarantee 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. In section 3 of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 Amendment (hereinafter referred to as the principal Act), in sub-section (1) for the words “one hundred of section 3. days”, the words “two hundred days” shall be substituted.358 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 3. In section 6 of the principal Act, in sub-section (1), after the second proviso, the of section 6. following proviso shall be added, namely:— “Provided also that the wage rate to be fixed by the Central Government or the State Government for any area shall be based on the prevailing Consumer Price Index and the wages shall be disbursed accordingly to persons employed under this Act.”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 359 STATEMENT OF OBJECTS AND REASONS The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 has been helping to uplift the rural economy and ushering our National economy as this scheme has provided an opportunity to put the money back into the pockets of rural masses. This scheme has been a great success since its launch way back in 2005 and there has been a huge demand to increase the number of guaranteed employment from one hundred days to a minimum of two hundred days as the current number of days is insufficient to meet the needs of the households. Moreover, those who have been doing work under this Act, are detached from other work or sources of work and they solely now depend upon thus guaranteed employment under this Act. Therefore, remaining unemployed for the rest of the year, not only creates social tension but also puts them into great economical difficulties. Hence, it is a must situation to enhance the number of guaranteed employment from hundred days to at-least a minimum of two hundred days. The skyrocketing inflation and the upward trend in consumer price index, demand for the revision of wage paid under this Act. The rate can be fixed by either the Central Government or the State Government. But it should be justifiable or match with the cost of living in rural areas. Therefore, the rate fixed by either the Central Government or the State Government should be supported with the Consumer Price Index and the wages should be paid accordingly. The Bill, therefore, seeks to amend the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, with a view to:— (a) increase the minimum number of days of employment to the registered persons from one hundred days to two hundred days; and (b) provided that the wage rate to be fixed by the Central Government or the State Government to any area shall be based on the prevailing consumer Price Index provide that and the wages shall be disbursed accordingly to persons employed under this Act. Hence this Bill. NEW DELHI; V. K. SREEKANDAN February 28, 2022.360 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for increasing the number of days of employment of the registered persons from one hundred days to two hundred days. Clause 3 provides the wage rate to be fixed by the Central Government or the State Government to any area shall be based on the prevailing consumer Price Index provide that and the wages shall be disbursed accordingly to persons employed under this Act. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one lakh forty six thousand crore per annum is likely to be involved from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 361 BILL NO. 101 OF 2019 A Bill further to amend the Sikh Gurdwaras Act, 1925. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Sikh Gurdwaras (Amendment) Act, 2019. Short title and commencement. (2) It shall be deemed to have come into force from 8th October, 2003. 2. In section 2 of the Sikh Gurdwaras Act, 1925 (hereinafter referred to as the principal Punjab Act Amendment VIII of 1925. Act), for clause (10-A), the following clause shall be substituted namely:— of section 2. “(10-A). ‘Sahajdhari Sikh’ means a person— (i) who may be born into a non-Sikh family but chooses to follow the Sikh religion; (ii) who faithfully believes in the Guru Granth Sahib; (iii) who follows the teachings of the ten Gurus; (iv) who does not have long hair with turban; (v) who has not gone through the Amrit Sanchar Ceremony;362 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (vi) who does not use tobacco or Kutha (halal meat) in any form; (vii) who does not take alcohol or any other intoxicants; (viii) who is not a patit in any way; and (ix) who can recite the Mul Manter.”. Amendment 3. In section 49 of the principal Act, for the existing proviso, the following proviso shall of section 49. be substituted, namely:— “ Provided that no person shall be registered as an elector who — (a) trims or shaves his beard or keshas, except for Sahajdhari Sikhs; (b) smokes; and (c) takes alcoholic drinks.”. Amendment 4. In section 92 of the principal Act, for the existing proviso, the following shall be of section 92. substituted namely:— “Provided that no person shall be registered as an elector who — (a) trims or shaves his beard or keshas, except for Sahajdhari Sikhs; (b) smokes; and (c) takes alcoholic drinks.”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 363 STATEMENT OF OBJECTS AND REASONS Article 25 gives our citizens the power to freely profess their religion. This fundamental right was given to an individual by the Constitution to choose the religion to practice which they believe is closest to connecting with his spiritual self, not necessarily the religion they were born into. Keeping with this principle, Sahajdhari Sikhs in Punjab had the right to vote in the elections to the Shiromani Gurudwara Parbhandak Committee (SGPC). However, under section 45 of the Sikh Gurdwaras Act, 1925 only Amritdhari Sikhs could contest the elections. The Act of 1925 was applicable to undivided Punjab which now consists of Punjab, Haryana, Himachal Pradesh and the Union territory of Chandigarh. According to the 2011 Census, 1.75 crore Sikhs are present in these 4 States. Out of these, seventy lakhs are Sahajdhari Sikhs in Punjab alone. Surprisingly, the Government amended the Sikh Gurdwaras Act, 1925 to remove the exemption given to Sahajdhari Sikhs to vote in the SGPC. This has meant the rights of more than seventy lakh people who have been voting to be removed, thus, creating a sub-minority. It also has a retrospective effect from the 8th day of October, 2003 which is neither fair, just nor reasonable. The Sikh Gurdwaras (Amendment) Act, 2016 brought by the Government was also done in pursuance of notification No. S.O. 1190(E) dated 08th October, 2003. However, that very notification was quashed by the High Court of Punjab and Haryana in 2011 in the case of Sahajdhari Sikh Federation vs. Union of India & Ors. The matter is still sub-judice and awaiting a decision by the Supreme Court. The Government did not wait for the Supreme Court’s decision and went ahead with removing the voting rights of Sahajdhari Sikhs. The need is to restore the Sikh Gurdwaras Act of 1925 to its original version to await the judiciary’s decision. The need is also to make the Act applicable retrospectively to nullify the original amendment of the Government. There was a valid argument of not comprehensively defining what a Sahajdhari Sikh is as there is no definition in the textual doctrine of the Sikh religion. The present Bill amends the definition of a Sahajdhari Sikh, in line with the Mahan Kosh, to provide a strict meaning as to who a ‘Sahajdhari’ is and gives them back the right to vote in the SGPC elections. There is no intelligible reason why seventy lakh Sahajdhari’s who faithfully donate to the Gurdwaras and have been voting peacefully for the last seventy years are being excluded from participating in the management of their own religious institution. Hence this Bill. NEW DELHI; RAVNEET SINGH June 10, 2019.364 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 116 OF 2019 A Bill further to adequately fund de-addiction centres at all districts in the country and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Provision of Financial Assistance for De-Addiction extent and Centres Act, 2019. 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. Definitions. 2. In this Act, unless the context otherwise requires,— (a) “de-addiction centre” means any health establishment, meant for the treatment of persons with drug addiction illness-established, owned, controlled or maintained by the State Government, local authority, trust, co-operative society or any other entity;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 365 (b) “doctor” means a medical practitioner registered with the Medical Council of India; (c) “drug addiction” means physical or psychological dependence on an illegal substance; (d) “facilities” means— (i) low-cost medicines; (ii) adequate number of psychiatrists and doctors; (iii) diagnostics, x-ray, ultra sound, ECG and ECHO; (iv) any other facilities for the prevention, detection and treatment of drug addiction as prescribed; (e) “prescribed” means prescribed by rules and regulations made under this Act; and (f) “psychiatrist” means a medical practitioner possessing a post-graduate degree or diploma in psychiatry awarded by an university recognised by the University Grants Commission established under the University Grants Commission Act, 1956 (3 of 1956), or awarded or recognised by the National Board of Examinations and included in the First Schedule to the Indian Medical Council Act, 1956 (102 of 1956), or recognised by the Medical Council of India, constituted under the Indian Medical Council Act, 1956. 3. (1) The Central Government shall provide adequate financial assistance of not less Central than rupees five hundred crores every year for the purpose of assisting States in dealing with Government to provide problem of drug addiction. annual funds (2) The Central Government shall ensure that adequate facilities at every de-addiction to the States. centre are made available through regular inspection. 4. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of the Act. make rules. (2) Every rule made under this section 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 ssmay be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.366 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS According to the 2017 report by United Nations Office on Drugs and Crime (UNODC), 255 million people worldwide use illicit drugs, of which 29.5 million suffered from drug use- related disorders. In India, this figure is close to eight lakh people. There is a big need for financial and technical intervention by the Central Government in assisting the States in tackling the increasingly wide-spread situation of drug addiction. The Central Government must utilize its huge financial war chest in aiding the States to implement adequate facilities. The State of Punjab along with other States have been suffering with this epidemic for an inordinate amount of time. It is high time that the Centre and States Governments should coordinate efficiently to reduce and eliminate problem of drug addiction which has ruined lakhs of families. The Bill seeks to direct the Central Government to give to the States, at least a minimum sum of rupees five hundred crores for tackling the problem of drug addiction and also authorize them to conduct inspections to ensure that adequate facilities are available at the drug de-addiction centres. Hence this Bill. NEW DELHI; RAVNEET SINGH June 10, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 367 FINANCIAL MEMORANDUM Clause 3 of the Bill provides that the Central Government shall provide adequate financial assistance to State Governments for providing facilities such as an adequate number of doctors and psychiatrists or low-cost medicines etc. to treat those who are addicted to drugs as well as inspect those facilities. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees one thousand crore per annum will be involved from the Consolidated Fund of India. A non-recurring expenditure of about one thousand crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 4 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.368 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 89 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title. Substitution 2. For article 248 of the Constitution the following shall be substituted, namely:— of new article for article 248. “248. (1) Subject to article 246A, the Legislature of any State shall have the exclusive Residuary powers of power to make any law with respect to any matter not enumerated in the Union List, State List legislation. or Concurrent List. (2) Notwithstanding anything in clause (1), Parliament shall have the exclusive power to make any law imposing a tax with respect to any matter not enumerated in the Union List, State List or Concurrent List.”. 3. In the Seventh Schedule to the Constitution,— Amendment of the (i) in List I-Union List, for entry 97, the following entry shall be substituted, Seventh Schedule. namely:— “97. Any tax not mentioned in List II or List III.”. (ii) in List II-State List, after entry 66, the following entry shall be added, namely:— “67. Any other matter not enumerated in List I or List III subject to entry 97 of List I.”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 369 STATEMENT OF OBJECTS AND REASONS Article 248 grants residuary powers of legislation and taxation to the Centre. It has been increasingly noticed that with residuary powers vested in Parliament, our Constitution lean more towards a unitary structure, rather than, a federal structure as was intended by the Constitution makers. Although the Constitution envisioned a strong Centre, the arbitrary legislative powers embedded within it are too powerful and goes against the increasingly decentralised structure which has worked for the country. The present Bill is not only in keeping with other decentralised countries such as the United States of America, which directs that residuary power of legislation shall vest in the States, but, it also follows the recommendations of the Sarkaria Commission which submitted its report in 1988. The Bill seeks to amend article 248 and the Seventh Schedule to the Constitution by removing the residuary power of legislation (except taxation) from the Union List and transferring it to the State List. Hence this Bill. NEW DELHI; RAVNEET SINGH June 10, 2019. ———— UTPAL KUMAR SINGH Secretary General UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—69GI(S3)—12-05-2022.