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EXTRAORDINARY
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II — 2
PART II—Section 2
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PUBLISHED BY AUTHORITY
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No. 26] NEW DELHI, FRIDAY, AUGUST 8, 2014/SRAVANA 17, 1936 (SAKA)
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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 8th August, 2014:—
BILL NO. 85 OF 2014
A Bill to provide assured minimum price of agricultural produce to farmers by
establishing Farmers’ Commissions at National and State levels and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Farmers (Right to Assured Minimum Price for Short title,
Agricultural Produce) Act, 2014. 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 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) "agricultural produce" means agricultural produce specified in the Schedule
to this Act;
(b) "assured minimum price" means the price declared by the Central Government
under section 3;
(c) "farmer" means a person who, in general, is engaged in producing agricultural
produces or in their promotion either by self or by hired workers or otherwise but does
not include a trader of agricultural produce;
(d) "farmers’ court" means the Court established under section 24;
(e) "Fund" means the National Fund for Farmers constituted under section 26;
(f) "Gram Panchayat" means panchayat set up at the village level under
article 243B of the Constitution;
(g) "in-charge" in relation to a Procurement Centre means a person appointed to
oversee the functioning of Procurement Centres;
(h) "minimum wages" means the minimum wages prescribed for semi-skilled
workers under the Minimum Wages Act, 1948; 11 of 1948.
(i) "National Commission" means the National Farmers' Commission established
under section 10;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "Procurement Centre" means Procurement Centres set up under section 4 for
purchase of agricultural produce on the basis of price declared under section 3; and
(l) "State Commission" means the State Farmers' Commission established under
section 17.
CHAPTER II
ASSURED INCOME TO FARMERS
Central 3. (1) The Central Government shall, at least fifteen days before the beginning of every
Government sowing season, declare, by notification in the Official Gazette, an assured minimum price for
to declare
every agricultural produce specified in the Schedule to this Act.
assured price
of agricultural (2) The declaration of assured minimum price under sub-section (1) shall be on the
produce.
basis of recommendations made by the National Commission:
Provided that where the Central Government does not accept the recommendation of
the National Commission, it shall publish the reasons for not accepting the recommendations
of the National Commission in the Official Gazette before making a declaration under
sub-section (1).
(3) The declaration made under sub-section (1) shall be given wide publicity by the
Central Government.
Establishment 4. (1) The Central Government shall, within six months of the coming into force of this
of Act, establish a Procurement Centre in every district to facilitate procurement of agricultural
Procurement produce of farmers at assured minimum price.
Centres.
(2) The constitution, management and operation of the Procurement Centres
established under sub-section (1) shall be such, as may be prescribed.
(3) It shall be the responsibility of every farmer to bring his agricultural produce for
sale at the Procurement Centre.
(4) The Procurement Centre shall purchase the agricultural produce brought by a
farmer for sale at the assured minimum price and make payment to the farmer without any
delay.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
(5) Notwithstanding anything in sub-section (4), the Procurement Centre may refuse
to purchase the agricultural produce brought by a farmer if the quantum of impurities in the
agricultural produce is more than the prescribed limit:
Provided that where a farmer does not agree with the decision regarding impurities in
the agricultural produce, the in-charge of the Procurement Centre shall, in the presence of
two persons, other than the persons employed at the Procurement Centre, take a sample of
the agricultural produce in such manner, as may be prescribed and seal the sample properly
and forward it, after recording thereon the contention of the concerned farmer, to the Farmers'
Court.
(6) The Farmers' Court shall, on receipt of the sample, satisfy itself about the safety of
the seal and the statements of the farmer and the in-charge concerned of the Procurement
Centre in such manner, as may be prescribed, and thereafter, take a decision either on his own
or with the assistance of a specialist.
(7) Where the sample is not found damaged or does not contain impurities more than
the prescribed limit, the Farmers' Court shall direct the in-charge of the Procurement Centre to
immediately purchase the agricultural produce.
(8) Where the in-charge of a Procurement Centre, in spite of a direction under sub-
section (7), refuses to purchase the agricultural produce, he shall pay rupees ten thousand
as compensation to the farmer.
5. (1) Where the National Commission recommends any area to be declared as an area Declaration
affected by natural calamity or a deficient area, the Central Government shall, by notification of an area as
an area
in the Official Gazette, declare such area to be an affected area.
affected by
natural
(2) Where the Central Government does not declare an area to be an affected area on
calamities.
the recommendation of the National Commission, it shall publish the reasons for not accepting
the recommendation in the Official Gazette.
6. (1) The Central Government shall, within six months of the coming into force of Scheme for
this Act, prepare a scheme for providing suitable employment to farmers in the affected providing
employment
areas:
to farmers in
affected
Provided that where a centrally-sponsored scheme is already being implemented in an
areas.
affected area, the farmers of that area shall be provided employment under that scheme.
(2) Every farmer of an affected area, who desires to get an employment under sub-
section (1), shall approach the nearest Procurement Centre for getting his name registered by
the in-charge of the Procurement Centre for employment.
(3) The in-charge of the Procurement Centre after registering the name of a farmer shall
provide him employment in such manner, as may be prescribed:
Provided that where the in-charge of a Procurement Centre is unable to provide
immediate employment to a farmer, he shall ask the farmer in writing to report after seven
days:
Provided further that where the employment is not provided to a farmer after a lapse
of seven days, the in-charge of Procurement Centre shall pay to the farmer minimum wages
for a period beginning from the day of registration of his name till he is provided
employment.
7. (1) Every farmer whose crops are damaged due to natural calamities or by wild Farmers' right
animals shall have the right to claim compensation for losses suffered by him in accordance to claim
compensation.
with the provisions of this section.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) The assessment of compensation under sub-section (1) shall be made on the
following basis:—
(i) average agricultural production per hectare of land during the last
seven years;
(ii) the loss in respect of agricultural produce shall be assessed on the basis of
assured minimum price declared for agricultural produce in the year in which the loss
has occurred; and
(iii) in case of loss suffered due to wild animals resulting in death, the
compensation shall be calculated in accordance with the provisions of the Motor
Vehicles Act, 1988. 59 of 1988.
(3) For the purpose of assessing loss suffered by a farmer, every State Government
shall, by notification, establish an Assessment Expert Committee for every affected area.
(4) The Assessment Expert Committee shall consist of such persons, from the affected
area, as may be prescribed.
(5) The Committee shall make a report on the assessment of loss within three days of
receiving information in this regard and submit it to the in-charge of the concerned Procurement
Centre.
(6) The in-charge of the concerned Procurement Centre shall pay the amount of
compensation as recommended in the report of the Assessment Expert Committee.
Payment of 8. Notwithstanding anything in section 7, a farmer who has suffered losses on account
insurance of natural calamity or due to wild animals, shall also be paid the insurance amount by the
amount to
insurance company, which shall not be less than the assured minimum price which the
farmers.
agricultural produce would have fetched to him.
Farmer to 9. (1) Notwithstanding anything in this Act, a farmer may avail loan from a Procurement
avail loan Centre against his agricultural produce.
from
Procurement (2) The maximum amount of loan under sub-section (1) shall be calculated on the basis
Centre against of prevailing assured minimum price of the agricultural produce.
agricultural
produce. (3) Nothing in sub-section (2) shall prevent the farmer from selling his agricultural
produce, against which the loan was taken, on a future date at an assured minimum price as
existing on that future date to the Procurement Centre.
CHAPTER III
NATIONAL FARMERS' COMMISSION
Establishment 10. (1) Within one year from the commencement of this Act, the Central Government
of National shall establish a Commission to be known as the National Farmers' Commission.
Commission.
(2) The National Commission shall be a body corporate having perpetual succession
and a common seal with the 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 National Commission shall consist of—
(i) a renowned person having expert knowledge and —Chairperson
practical experience in the field of agriculture, to be
nominated by the Central Government;
(ii) five persons from amongst the Chairpersons of — members
the State Farmer Commissions to be nominated by the
Central Government on recommendation of the Selection
Committee constituted under sub-section (4);
(iii) five persons representing farmers' organisations — membersSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5
to be nominated by the Central Government in such manner
as may be prescribed;
(iv) one person who shall be an eminent scholar in — member
the discipline of agriculture having taught the subject
for at least ten years in a university, to be nominated by
the Central Government in such manner as may be
prescribed;
(v) one person representing the Union Ministry of — member
Agriculture, to be nominated by the Central Government;
(vi) one person having special knowledge or practical — member-secretary
experience in the field of agriculture, marketing, agricultural
economics or agricultural management, to be nominated
by the Central Government.
(4) For the purpose of nominating members under clause (ii) of sub-section (3), there
shall be constituted a Selection Committee consisting of—
(a) the Prime Minister who shall be the Chairperson of the Committee;
(b) Leader of Opposition in Lok Sabha; and
(c) Minister-in-charge of the Union Ministry of Agriculture.
Explanation.— For the removal of doubts, it is clarified that when nobody has been
given recognition as a Leader of Opposition, the leader of the largest opposition party shall
be deemed as the Leader of Opposition.
(5) The head office of the National Commission shall be at New Delhi and it may
establish its offices, with the prior approval of the Central Government, at such other places
as it deems appropriate.
11. (1) The term of office of the Chairperson and other members of the National Term and
Commission shall be five years from the date on which they enter their office or till they attain Conditions of
the age of sixty-five years, whichever is earlier: the
Chairperson
Provided that the Chairperson and other members of the National Commission shall and members
not be eligible for re-appointment. of the National
Commission.
(2) The Chairperson or any member of the National Commission may, by writing under
his hand addressed to the President, resign his office.
(3) The salary, allowances and other conditions of service of—
(i) the Chairperson shall be the same as that of the Chief Election Commission of
India;
(ii) other members shall be such as may be prescribed:
Provided that if the Chairperson or a member is, at the time of his appointment, in
receipt of pension (other than disability pension) in respect of any previous service under
the Government of India or under the Government of a State, his salary in respect of service
as the Chairperson or, as the case may be, as a member, be reduced—
(a) by the amount of that pension; and
(b) if he has, before such appointment, received, in lieu of a portion of the
pension due to him in respect of such previous service, the commuted value thereof,
by the amount of that portion of the pension:
Provided that the salary, allowances and pension payable to, and other conditions of
service of, the Chairperson or a member shall not be varied to his disadvantage after his
appointment.
12. (1) The Chairperson or any member shall be removed from his office by an order of Removal of the
the President on the ground of proved misbehaviour or incapacity if, on a reference made to Chairperson
and members
the Supreme Court by the President, the Supreme Court opines that the grounds for removal
of the National
are justified.
Commission.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) The President may suspend from office the Chairperson or any member in respect
of whom a reference has been made to the Supreme Court under sub-section (1) till the
receipt of the opinion of the Supreme Court.
(3) Notwithstanding anything contained in sub-section (1), the President may, by
order, remove from office the Chairperson or any member if the Chairperson or such member,
as the case may be,—
(a) is adjudged an undischarged insolvent; or
(b) is convicted of any serious crime; or
(c) engages, during his term of office, in any paid employment outside the duties
of his office; or
(d) is, in the opinion of the President, unfit to continue in office by reason of
infirmity of mind or body; or
(e) is concerned or interested in any contract or agreement made by or on behalf
of the Government of India or the Government of a State or participates in any way in
the profit thereof or in any benefit or emolument arising therefrom, otherwise than as a
member, which is detrimental to his work in the National Commission.
Vacancies, etc. 13. No act or proceeding of the National Commission shall be invalid merely by reason
not to of—
invalidate
proceedings of (a) any vacancy in, or any defect in the constitution of, the National Commission;
the National or
Commission.
(b) any defect in the appointment of a person as the Chairperson or a member; or
(c) any irregularity in the procedure of the National Commission not affecting
the merits of the case.
Officers and 14. (1) The Central Government, shall appoint such number of officers and staff as are
staff of the necessary for the efficient functioning of the National Commission.
National
Commission. (2) The salary and allowances payable to, and other terms and conditions of the
service of the officers and staff shall be such as may be prescribed.
Functions of 15. The National Commission shall perform the following functions—
the National
(a) recommend to the Central Government the assured minimum support price
Commission.
for every agricultural produce at least six weeks before beginning of every sowing
season;
(b) take into consideration the following in determining the assured minimum
support price of an agricultural produce—
(i) cost of inputs required for agricultural produce; and
(ii) that a farmer gets profit of not less than fifty per cent. of the total
investment made by him;
(c) recommend to the Central Government an area affected by natural calamity be
declared as an affected area after conducting such study of that area as it may consider
necessary with a view to provide compensation to farmers;
(d) recommend to the Central Government in regard to measures required for
agricultural growth, improving quality and quantity of produce and making agriculture
a remunerative occupation;
(e) give wide publicity to the assured minimum price after its announcement by
the Central Government through such print and electronic media as it may deem
appropriate;
(f) disseminate information among the farmers about the market prices of
agricultural produce prevailing in various States and also in international markets;
(g) encourage research in future demand of agricultural products in order toSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7
provide inputs to the farmers to grow such produce as would fetch remunerative
prices;
(h) evaluate various measures for the development of agriculture and welfare of
farmers;
(i) review the safeguards provided under the Constitution to the farmers and
recommend to the Central Government suitable legislative measures to strengthen the
existing safeguards by enactment of suitable laws by the Parliament and suggesting
appropriate laws to be enacted by the State Legislatures;
(j) issue guidelines regarding duties, functions and responsibilities of the State
Commissions; and
(k) such other works as it may consider necessary for carrying out the purposes
of this Act or assigned to it by the Central Government.
16. (1) The National Commission shall observe such rules of procedure in the transaction Functioning
of its business, including the quorum at its meetings, as may be prescribed, and till such of the
rules are framed, the National Commission shall function under the directions of the National
Commission.
Chairperson.
(2) The National Commission may, for effective discharge of its functions, constitute
committee comprising of its members or members and other persons including experts.
(3) The National Commission may frame rules and regulations in regard to terms and
conditions of service of any person, who is not a member of the National Commission, in a
committee constituted under sub-section (2), with the approval of the Central Government.
(4) While discharging its functions under the Act, the National Commission shall,
5 of 1908. have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 and,
in particular, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) discovery and production of any document;
(c) asking for any public document or its copy from any court or office;
(d) receiving evidence on affidavits;
(e) requisitioning any public record or copy thereof from any court or office; and
(f) issuing commisions for the examination of witnesses or documents.
CHAPTER IV
STATE FARMERS' COMMISSION
17. (1) Within one year from the commencement of the Act, every State Government Establishment
shall establish a Commission to be known as the State Farmers' Commission, by notification of the State
Commission.
in the Official Gazette, to exercise the powers and perform functions assigned to it under the
Act.
(2) The State Commission 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 State Commission shall consist of—
(i) a renowned person having expert knowledge and — Chairperson
practical experience in the field of agriculture, to be nominated
by the State Government;
(ii) five persons representing farmers' organisations in — members
the State, to be nominated by the State Government in such
manner as may be prescribed;
(iii) one person who shall be an eminent scholar in the — member8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
discipline of agriculture having taught the subject for at
least ten years in a university, to be nominated by the
State Government on recommendation of the Selection
Committee constituted under sub-section (4);
(iv) one person representing the Ministry or Department of — member
Agriculture in the State, to be nominated by the State Government;
(v) one person representing the State Agriculture — member
Research Council or such other body engaged in agricultural
research on recommendation of the Selection Committee
constituted under sub-section (4); and
(vi) one person having special knowledge or practical — member-secretary
experience in the field of agriculture, marketing, agricultural
economics or agricultural management to be nominated by
the State Government.
(4) For the purpose of nominating members under clauses (iii) and (v) of sub-section
(3), there shall be constituted a Selection Committee consisting of—
(a) the Chief Minister who shall be the Chairperson of the Committee;
(b) Leader of Opposition in State Legislative Assembly; and
(c) Minister-in-charge of the ministry/department of Agriculture in the State.
Explanation.—For the purpose of removal of doubts, it is clarified that when nobody
has been given recognition as a Leader of Opposition, the leader of the largest opposition
party shall be deemed as the Leader of Opposition.
(5) The head office of the State Commission shall be located at the capital city of that
State and it may establish its offices, with the prior approval of the State Government, at such
other places within the State, as it deems appropriate.
Conditions of 18. (1) The Chairperson or any other member shall hold office for a term not exceeding
service and five years from the date on which he enters upon his office or until he attains the age of
terms of office
Sixty-five years, whichever is earlier :
of the
Chairperson Provided that the Chairperson or any member may, by writing under his hand addressed
and members to the Governor, resign his office:
of the State
Commission. Provided further that the Chairperson and other members of the State Commission
shall not be eligible for re-appointment.
(2) The salary, allowances and other conditions of service of the Chairperson and
other members of the State Commission shall be such as may be prescribed:
Provided that if the Chairperson or a member is, at the time of his appointment, in
receipt of pension (other than disability pension) in respect of any previous service under
the Government of a State, his salary in respect of service as the Chairperson or, as the case
may be, as a member, be reduced—
(a) by the amount of that pension; and
(b) if he has, before such appointment, received, in lieu of a portion of the
pension due to him in respect of such previous service, the commuted value thereof,
by the amount of that portion of the pension:
Provided that the salary, allowances and pension payable to, and other conditions of
service of, the Chairperson or a member shall not be varied to his disadvantage after his
appointment.
Removal of the 19. (1) The Chairperson or any member shall be removed from his office by an order of
Chairperson the Governor on the ground of proved misbehaviour or incapacity, if, on a reference made to
and the
the High Court by the Governor, the High Court opines that the grounds for removal are
members of the
State justified.
Commission.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9
(2) The Governor may suspend from office the Chairperson or any member in respect
of whom a reference has been made to the High Court under sub-section (1) till the receipt of
the opinion of the High Court.
(3) Notwithstanding anything contained in sub-section (1), the Governor may, by
order, remove from office the Chairperson or any member if the Chairperson or such member,
as the case may be,—
(a) is adjudged an undischarged insolvent; or
(b) is convicted of any serious crime; or
(c) engages, during his term of office, in any paid employment outside the duties
of his office; or
(d) is, in the opinion of the Governor, unfit to continue in office by reason of
infirmity of mind or body; or
(e) is concerned or interested in any contract or agreement made by or on behalf
of the Government of India or the Government of a State or participates in any way in
the profit thereof or in any benefit or emolument arising therefrom, otherwise than as a
member, which is detrimental to his work in the State Commission.
20. (1) The State Government shall appoint such number of officers and staff as are Officers and
necessary for the efficient functioning of the State Commission. staff for the
State
(2) The salary and allowances payable to, and other terms and conditions of the
Commission.
service of the officers and staff of the State Commission shall be such as may be prescribed.
21. The State Commission shall perform the following functions— Functions of
the State
(a) forward the details of natural calamities occurring in various parts of the
Commission.
State to the National Commission with a view to provide adequate compensation to
farmers;
(b) recommend to the State Government in regard to measures required for
agricultural growth, improving quality and quantity of produce and making agriculture
a remunerative occupation;
(c) give wide publicity to the assured minimum price after its announcement by
the Central Government through such print and electronic media, including media in
the language spoken in the State as it may deem appropriate;
(d) disseminate information among the farmers about the market prices of
agricultural produce prevailing in different parts of the State;
(e) encourage research in future demand of agricultural products in order to
provide input to the farmers in the State to grow such produce as would fetch
remunerative prices;
(f) evaluate various measures for the development of agriculture and welfare of
farmers in the State;
(g) review the safeguards provided under the Constitution to the farmers and
recommend to the State Government suitable legislative measures to strengthen the
existing safeguards;
(h) issue guidelines for the State Government regarding compilation and
maintenance of land records, all relevant agricultural data including data of sowing
and harvest of crops; and
(i) such other works as it may consider necessary for carrying out the purposes
of this Act or assigned to it by the State Government.
22. (1) The State Commission shall observe such rules of procedure in the transaction Functioning
of its business, including the quorum at its meetings, as may be prescribed, and till such rules of the State
are framed, the State Commission shall function under the directions of the Chairperson. Commission.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) The State Commission may, for effective discharge of its functions, constitute
committee comprising of its members or members and other persons including experts.
(3) The State Commission may frame rules and regulations in regard to terms and
conditions of service of any person, who is not a member of the Commission, in a committee
constituted under sub-section (2), with the approval of the State Government.
(4) While discharging its functions under the Act, the Commission shall have all the
powers of a civil court trying a suit under the Code of Civil Procedure, 1908 and, in particular, 5 of 1908.
in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) discovery and production of any document;
(c) asking for any public document or its copy from any court or office;
(d) receiving evidence on affidavits;
(e) requisitioning any public record or copy thereof from any court or office; and
(f) issuing commissions for the examination of witnesses or documents.
State 23. (1) The State Government shall provide such necessary staff and technical
Government to assistance to the State Commission as may be necessary for effective implementation of this
provide Act.
necessary staff
and technical (2) The State Government shall, in such manner as may be prescribed, provide for
assistance to effective mechanism for proper implementation of the provisions of this Act and ensuring
the State
transparency and accountability at all the levels.
Commission.
CHAPTER V
FARMERS' COURT
Farmers' Court. 24. (1) For the purpose of exercising the jurisdiction and powers conferred by this Act,
the State Government, after consultation with the High Court, may, by notification, establish
one or more Farmers' Court for every Gram Panchayat or a group of contiguous Gram
Panchayats.
(2) The State Government shall, after consultation with the High Court, specify, by
notification, the local limits of the area to which the jurisdiction of a Farmers' Court shall
extend and may, at any time, increase, reduce or alter such limits.
(3) The Farmers' Court established under sub-section (1) shall be in addition to the
courts established under any other law for the time being in force.
(4) Every Farmers' Court shall consist of,—
(i) a Chairperson and not more than two members, to be nominated by the Gram
Sabha; and
(ii) not more than two members, to be nominated by the parties to the case.
(5) The terms and conditions of the service of the Chairperson and members of a
Farmers' Court shall be such as may be prescribed.
(6) Notwithstanding anything contained in any other law for the time being in force,
the Farmers' Court shall have the power to:—
(a) try any decision made by a Procurement Centre under section 4; and
(b) try a complaint filed by any person regarding the operation of the Procurement
Centre.
25. (1) Any person serving under the Central or a State Government, who fails to
Penalty and
punishment. comply with the order or award passed by the Farmers' Court, shall be punishable with a fine
which shall not be less than rupees five thousand but may extend to rupees one lakh.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, 2 of 1974.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11
Farmers' Court shall have the power of a First Class Judicial Magistrate for trial of offences
under this Act.
CHAPTER VI
NATIONAL FUND FOR FARMERS
26. (1) The Central Government shall, by notification in the Official Gazette, constitute National Fund
a Fund to be known as the National Fund for Farmers. for Farmers.
(2) The Central Government shall, after due appropriation made by Parliament, by law,
in this behalf, provide adequate funds to the Fund for being utilised for the purposes of this
Act.
(3) The Fund shall be utilized in such a manner and be subject to such conditions, as
may be prescribed by the Central Government.
27. It shall be the responsibility of the Central Government to ensure proper utilisation Central
and management of the Fund for the purposes of this Act. Government
to ensure
proper
utilisation and
management
of the Fund.
CHAPTER VII
MISCELLANEOUS
22 of 2005. 28. Notwithstanding anything contained in the Right to Information Act, 2005, every Provision of
State Government shall provide the information on matters referred to in this Act within a information
period of seven days from the date of receipt of application regarding information. on matters
covered under
this Act.
29. The Central Government shall bear the entire expenditure made in connection with Central
the National Commission and the State Commissions. Government
to bear
expenditure.
30. The Central Government shall provide adequate financial assistance to the State Central
Governments for proper implementation of this Act. Government
to provide
financial
assistance to
State
Governments.
31. (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
difficulties.
inconsistent with the provisions of this Act, as may appear to be necessary 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 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.
32. No suit, prosecution or other legal proceeding shall lie against the Central Protection of
Government, the State Government, the National Commission, the State Commission, or any action taken
in good faith.
member thereof or any person acting under the direction either of the Central Government,
State Government, the National Commission or the State Commission, in respect of anything
which, is in good faith done or intended to be done in pursuance of this Act or of any rules
made thereunder or in respect of the publication by or under the authority of the Central
Government, State Government, the National Commission, or the State Commission of any
report or paper.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Overriding 33. The provisions of this Act shall have effect notwithstanding anything inconsistent
effect of the therewith contained in any enactment other than this Act or in any instrument having effect
Act.
by virtue of any enactment other than this Act.
Act to be in 34. The provisions of this Act shall be in addition to, and not in derogation of, any
addition to other law for the time being in force.
other laws.
Power to give 35. For the purposes of this Act, the Central Government may, from time to time, give
directions. such general or special directions as it thinks fit, and the State Governments shall, in the
discharge of its functions under this Act, comply with such directions.
Power to 36. (1) Where the Central Government is satisfied that it is necessary or expedient so
amend to do, it may, by notification, add to or omit from Schedule any item.
Schedule.
(2) Every notification issued under sub-section (1) shall be laid before each House of
Parliament.
Power to 37. (1) The Central Government may, by notification, make rules for carrying out the
make rules. 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, as the case may be, each House of the State Legislature,
while it is in session, for a total period of thirty days which may be comprised in one session
or two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, Parliament or, as the case may
be, the State Legislature agrees in making any modification in the rule or 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 modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
Power of the 38. (1) The State Government may, by notification, make rules for carrying out the
State purposes of this Act.
Government
to make rules. (2) 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 State Legislature consists of one House, before that House.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13
SCHEDULE
[see sections 3(1) and 36(1)]
1. Fibre Cotton, Sugarcane.
2. Cereals Wheat, Millet, Pearl Millet, Barley, Maize, Paddy.
3. Leguminous Lentil, Arhar, Chola, Batla, Chana, Groundnut, Moth, Gwar,
Cereals Horsegram.
4. Oilseeds Sesame, Mustard, Black Mustard, Tara, Linseed, Soyabean,
Sunflower.
5. Fruits Lemon, Malta, Orange, Pumpkin, Papaya, Guava, Mango,
Muskmelon, Watermelon, Pomegranate, Water Chestnut, Banana,
Ber, Mausambi, Grapes, Falsa, Cucumber, Apple, Shehtoot, Khirni,
Sapota, Leechi, Leekat, Aonla, Khurmani, Adu, Jamun, Kamalgatta,
Alubukhara.
6. Vegetables Potato, Sugarbeet, Onion, Tomato, Pumpkin, Cauliflower,
Cabbage, Carrot, Brinjal, Raddish, (Green and Red Pepper),
Ladyfinger, Green Pea, Garlic, Leafy Vegetables, Tinda, Gourd,
Taro, Torai, Bitter Gourd, Green Cholai, Raw Turmeric, Kauraunda,
Kairi, Shaljam, Parwal, Jamikand, Kathal, Kamalkakari, Ratalu.
7. Animal Husbandry Wool and Ghee.
8. Spices Cumin, Coriander, Methi, Asafoetida, Ajwain, Ginger.
9. Forest Produce Construction Woods (Except for the wood imported for handicraft
manufacturing).
10. Miscellaneous Posta seeds, Isabgoal, Mehendi (1. Fruit, Dry leaves of flowers
2. Tea leaves 3. Coffee 4. Coconut 5. Coconut water 6. Pind Dates
7. Sonamukhi), Aswagandha.14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
The Supreme Court has recognized the right to dignified livelihood as an essential part
of right to life enshrined in article 21 of the Constitution.
Article 38(2) states that the State shall, in particular, strive to minimise the inequalities
in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not
only amongst individuals but also amongst groups of people residing in different areas or
engaged in different locations.
Articles 46 and 47 of the Constitution give directions to the State for formulating laws for
raising the standard of living of weaker sections of society by protecting from social injustice
with augmentation of their educational and economical interests with special attention.
According to a 2003 report of the National Sample Survey Organisation, income of a
farmers’ family is Rs. 2115 per month whereas the starting monthly salary of a Class IV
employee of the Government is rupees 15,000 per month. On the other hand, agriculture is
not a preferred occupation of the new generation because it is not remunerative. Those who
are engaged in agriculture are doing so because they do not have any alternative. According
to another survey of the National Sample Survey Organisation conducted in the year 2005,
forty per cent. farmers will leave agriculture if other occupations are made available to them.
Though industrial sector have full freedom to charge whatever price they desire, the prices
of agricultural produce are fixed by the Government on the basis of cost price. Farmers do not
have the freedom to determine prices of agricultural products and the prices of agricultural
produce are fixed by those who are not directly concerned with agriculture. Prices of agricul-
tural produce are not fixed on the basis of cost and dividend like the industrial sector,
therefore, dual standards exist in the price fixation of agricultural products.
The prices of agricultural produce have risen very slowly compared to other products.
In 1956, the cost of 45 kilogram wheat could buy 200 litre diesel, and now the situation is that
to buy same quantity diesel the cost of 8 quintals of wheat is required. In 1970, the cost of
one quintal of wheat was required to buy ten grams of Gold and today approximately the cost
of 30 quintal wheat is required for the same quantity of Gold. Decline in purchasing power of
cereals has also adversely affected farmers and has led them to a pitiable condition.
Today, agriculture is in crisis. The contribution of agriculture in Gross National Product
was fifty-five per cent. in the year 1951 before the start of first five-year plan which has
decreased to 13.9 per cent. in the year 2011-12. Farmers are helpless both at the time of selling
their agricultural produce and are equally helpless at the time of purchasing consumer goods
from markets. A farmer is born under the debt and dies under its burden. According to a
survey of National Crime Records Bureau, approximately 2.5 lakh farmers had to end their life
due to vicious cycle of debt. Farmers are forced to sell their produce at prices less than their
cost of production due to lack of storage capacity and facility. The Government does not
provide the benefit of minimum support price to them. As a result, unrest, anarchy and
naxalism and terrorism have spread due to widening of social disparity.
At present, there is no sector other than agriculture which can provide employment to
more than sixty per cent. population which is dependent on agriculture. Interests of farmers
have been neglected in the last sixty-four years. Till date, Minimum Support Price is fixed for
a few agricultural produces only which are fixed less than the actual cost and a stable system
has not been developed for purchase at Minimum Support Price in the last forty-seven years.
The present Bill is very important to solve the problems of farmers and save agriculture by
ensuring minimum price of agricultural produce to farmers. If the required quantity of wheat,
rice, maize, pearl, pulses and the foodgrains grown in an area are kept in that area for
providing the same to persons living below poverty line then the expenditure on transport,
carriage and Government machinery will be avoided and farmers will also be given assured
income.
NEW DELHI; DEVJI M. PATEL
June 27, 2014.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides that the Central Government shall declare an assured
minimum price of every agricultural produce specified in the Schedule of this Act. It also
provides that the declaration shall be given wide publicity by the Central Government.
Clause 4 provides that the Central Government shall establish a Procurement Centre in every
district to facilitate procurement of agricultural produce of farmers at assured minimum price.
It also provides for compensation to farmers in case the in-charge of Procurement Centre
refuses to purchase the agricultural produce. Clause 6 provides for preparing scheme on
providing employment to a farmer in affected areas. It also provides that if a farmer is not
provided with employment he shall be given minimum wages for a certain period. Clause 7
provides for constitution of an Assessment Expert Committee to assess loss suffered by
farmers and payment of compensation. It also provides for payment of compensation by the
in-charge of Procurement Centre. Clause 8 provides for payment of insurance amount to
farmers by the insurance company on account of natural calamity or loss suffered due to wild
animals. Clause 9 provides for availability of loan to farmers from a Procurement Centre
against their agricultural produce. Clause 10 provides for establishment of the National
Farmers’ Commission by the Central Government. Clause 11 provides for payment of salary,
allowance and other conditions of service of Chairperson and members of the National
Commission. Clause 14 provides for appointment of adequate number of officers and staff of
National Commission. It also provides for payment of salary and allowances and other terms
and conditions of the officers and staff of the National Commission. Clause 15 provides for
giving wide publicity to the assured minimum price announced by the Central Government
through print and electronic media and also disseminate information among the farmers
about the market prices of agricultural products in various States. Clause 17 provides for
establishment of State Farmers’ Commission. Clause 18 provides for conditions of service of
the Chairperson and members of the State Commission. Clause 20 provides for officers and
staff of the State Commission. Clause 24 provides for establishment of Farmers' Court in
every Gram Panchayat. Clause 26 provides for constitution of National Fund for Farmers by
the Central Government. Clause 29 provides that the Central Government shall bear the entire
expenditure made in connection with the National Commission and the State Commissions.
Clause 30 provides for financial assistance to the State Governments for carrying out the
purposes of this Act. The Bill, therefore, if enacted, will involve expenditure from the Con-
solidated Fund of India. It is estimated that an annual recurring expenditure of about rupees
fifteen thousand crore is likely to be incurred from the Consolidated Fund of India.
A non-recurring expenditure of about rupees fifteen thousand crore is also likely to be
incurred.
—————
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 16 of the Bill empowers the National Commission for framing of rules of
procedure, transaction of its business, quorum at its meetings, etc. for discharging certain
functions under this Act.
Clause 22 of the Bill empowers the State Commission for framing of rules of procedure,
transaction of its business, quorum at its meetings, etc. for discharging certain functions
under this Act.
Clause 37 empowers the Central Government to make rules for carrying out the pur-
poses of the Act.
The rules made by the Central Government are required to be laid, as soon as they are
made, before each House of Parliament.
Clause 38 of the Bill empowers the State Governments to make rules for carrying out
the purposes of the Act.
The rules made by the State Governments are required to be laid, as soon as may be
after they are made, before their respective State Legislatures.
The matters in respect of which rules may be made are generally matters of procedure
and administrative details and it is not practicable to provide for them in the Bill itself. The
delegation of legislative power is, therefore, of a normal character.16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 63 OF 2014
A Bill to provide for certain welfare measures and other facilities for coconut growers
and for matters connected therewith.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as
follows:—
Short title. 1. This Act may be called the Coconut Growers (Welfare) Act, 2014.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) “appropriate Government” means in the case of a State, the State Government,
and in other cases, the Central Government;
(b) “coconut” means coconut and its products including by-products and its
extracts;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17
(c) “Committee” means Coconut Development Committee constituted under
section 3;
(d) “prescribed” means prescribed by rules made under this Act; and
(e) “scheme” means Coconut Growers Welfare Scheme formulated under
section 3.
3. (1) The Central Government shall formulate a scheme for the welfare of coconut Coconut
growers to be known as the Coconut Growers Welfare Scheme. Growers
Welfare
(2) The scheme shall be administered by a Committee to be known as the Coconut Scheme.
Development Committee.
(3) The Committee shall consist of—
(i) a Chairperson, who shall be nominated by the Central Government;
(ii) two members, representing the Governments of coconut growing States, to
be nominated by the Central Government;
(iii) two members representing coconut agriculturists who are growing coconut
on large scale; and
(iv) two members representing small coconut growers.
(4) The Chairperson and members of the Committee shall be nominated by the Central
Government in such manner as may be prescribed.
(5) The salary and allowances payable to, and other conditions of service of the
Chairperson and members of the Committee, shall be such as may be prescribed.
4. Without prejudice to the powers of the Central Government, the scheme shall Provisions to
include:— be made under
the scheme.
(i) framing of a comprehensive insurance scheme for loss or destruction of
coconuts;
(ii) providing technical and other kinds of specialized assistance to coconut
growers;
(iii) fixing minimum support price for coconuts;
(iv) creation of adequate procurement and storage facility for coconuts;
(v) providing assistance for export of coconuts and its products;
(vi) encouraging research in coconut related fields with a view to promote it as a
healthy edible item;
(vii) provision of adequate marketing facilities for coconut growers; and
(viii) provision of electricity and water facilities to coconut growers at subsidized
rate.
5. The Central Government shall, after due appropriation made by Parliament by law in Central
this behalf, provide adequate funds for the purposes of this Act. Government
to provide
funds.
6. (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.18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
Coconut is an important item in our daily life. It is not only used as an important food
item but also used as offering in temples. It is regarded as a religious symbol also. Coconut
and its by-products like coconut oil, coconut water are used in large quantities for various
purposes. But unfortunately, there are no adequate facilities for coconut growers. Coconut
is grown only in few States in our country and also in very few other countries of the world.
As such, there is adequate export potential for coconut which would earn us
considerable foreign exchange. Coconut oil has a number of uses including preparation of
certain medicines. The coconut based industries are suffering from numerous problems
including problems relating to its storage, marketing, procurement and export.
The Bill seeks to overcome the problems mentioned above.
Hence this Bill.
NEW DELHI; M.K. RAGHAVAN
June 30, 2014.
—————
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the formulation of a welfare scheme for coconut
growers. It also provides for the constitution of a Committee to administer the scheme.
Clause 4 provides for the activities to be undertaken under the scheme. Clause 5 provides
that the Central Government shall provide adequate funds for the purposes of this Act. 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 one hundred crore per annum.
A non-recurring expenditure of about rupees eight crore is also likely to be involved.
—————
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 6 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 19
BILL NO. 76 OF 2014
A Bill to provide for payment of compensation to persons attacked by wild animals and
for matters connected therewith.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Payment of Compensation to Persons Attacked by Short title and
Wild Animals Act, 2014. extent.
(2) It extends to the whole of India.
2. In this Act, ‘wild animal’ has the same meaning as assigned to it in the Wild Life Definitions.
53 of 1972. Protection Act, 1972.20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Central 3. (1) The Central Government shall frame a Scheme for payment of compensation to
Government persons attacked by wild animals.
to frame a
scheme for (2) Without prejudice to the generality of the foregoing provision, the scheme shall
compensation
include:—
to persons
attacked by (i) payment of compensation of rupees two lakh in case of death caused by a
wild animals.
wild animal;
(ii) payment of compensation of rupees fifty thousand in case of an injury
caused by a wild animal;
(iii) an insurance scheme for persons residing near areas generally inhabited or
frequented by wild animals; and
(iv) compensation in case of damage or loss to property or crops due to attack
by wild animals.
(3) The Central Government may, by notification in the Official Gazette, make rules for
payment of compensation to the persons attacked by wild animals.
Compensa- 4. Notwithstanding anything contained in section 3, no compensation shall be payable
tion not to a person attacked by wild animal under the following circumstances:—
payable in
certain (i) if he has gone to a forest area or an area generally inhabited or frequented by
circum- wild animals for the purpose of hunting or capturing the wild animals alive;
stances.
(ii) if he has attacked a wild animal except under the circumstance of self-defence;
(iii) if he has strayed into an area which is exclusively specified for wild animals;
and
(iv) if he commits any act which would result in hunting or torturing or leading to
cruelty to or exploiting a wild animal.
Administra- 5. The Scheme shall be administered by such authority, not lower in rank than the
tion of the District Collector, as may be specified by the Central Government.
Scheme.
Act to have 6. 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 make 7. (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 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 21
STATEMENT OF OBJECTS AND REASONS
In the recent days, there have been several cases of attacks by wild animals on innocent
persons resulting in death or serious injury to those persons. There have also been instances
when property and crops were damaged by wild animals.
It has also been seen that the victims of attack by wild animals are mostly poor people.
After such attacks, it often happens that they either die or suffer from permanent disability.
In either case, their dependants have to fight for their survival. At present there is no
provision for payment of compensation to the persons attacked by wild animals. There is a
provision for punishment for cruelty to wild animals but there is no provision for compensation
if wild animals attack innocent persons.
Therefore, a provision, with due safeguards, has been made for payment of
compensation to persons attacked by wild animals.
NEW DELHI; M. K. RAGHAVAN
June 30, 2014.
—————
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides that the Central Government shall frame a Scheme for
payment of compensation to the persons attacked by wild animals. 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 three hundred crore per annum.
A non-recurring expenditure of about rupees two hundred crore is also 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 matters of detail only, the delegation of
legislative powers is of a normal character.22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 64 OF 2014
A Bill to provide for the establishment of a permanent Bench of the
High Court of Kerala at Kozhikode.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as
follows:—
Short title. 1. This Act may be called the High Court of Kerala (Establishment of a permanent
Bench at Kozhikode) Act, 2014.
Establishment 2. There shall be established a permanent Bench of the High Court of Kerala at
of a Kozhikode and such Judges of the High Court of Kerala, being not less than three in
permanent
number, as the Chief Justice of that High Court may from time to time nominate, shall sit at
Bench of the
Kozhikode in order to exercise the jurisdiction and power for the time being vested in that
High Court of
Kerala at High Court in respect of cases arising in the districts of Kasaragod, Kannur, Wayanadu,
Kozhikode. Kozhikode, Malappuram and Palakkad.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23
STATEMENT OF OBJECTS AND REASONS
The High Court of Kerala is located at Ernakulam. Kerala, being a vast State, people
have to travel long distances with a lot of inconveniences in order to reach the High Court
at Ernakulam to pursue their cases. This is a time consuming and costly exercise. For long,
there has been a demand from the people of the State that a Bench of the High Court be
established at Kozhikode which is a very important city in the State of Kerala.
If a permanent Bench of the Kerala High Court is established at Kozhikode, it would
greatly help not only the people living in Kasaragod, Kannur, Wayanadu, Kozhikode,
Malappuram and Palakkad districts to pursue their cases in the High Court at significantly
low cost but also the advocates based in and around the city of Kozhikode.
Hence this Bill.
NEW DELHI; M.K. RAGHAVAN
June 30, 2014.24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 84 OF 2014
A Bill to provide for payment of compensation to victims of natural calamities and snake
bite and for matters connected therewith.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
Short title and 1. (1) This Act may be called the Payment of Compensation to Victims of Natural
extent. Calamities and Snake Bite Act, 2014.
(2) It extends to the whole of India.
2. In this Act, unless the context otherwise requires,—
Definitions.
(a) “natural calamity” includes flood, lightning, thunder, tsunami, storm, hail
storm, dust storm, cyclone, cloud burst, high sea tide, drought, landslide, earthquake;
(b) “victim of natural calamity” means a person who suffers bodily harm or loss
by way of damage or destruction of property, including livestock, crop, orchard, field,
machine or tools to such an extent as the Central Government may, by notification
specify, and shall include in the case of death of such victim, his family members; andSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25
(c) “victim of snake bite” means a person who suffers bodily harm to such an
extent as the Central Government may, by notification specify, by the bite of a venomous
snake, and shall include in the case of death of such victim, his family members.
3. (1) The Central Government shall frame a scheme for determining the amount of Scheme for
compensation to be paid to the victims of natural calamities and the victims of snake bite. compensa-
tion to
(2) Without prejudice to the generality of the foregoing provision, the scheme shall victims of
provide for— natural
calamities
(i) payment of minimum compensation of rupees two lakh in case of death caused and snake
due to natural calamity or snake bite; bite.
(ii) payment of minimum compensation of rupees fifty thousand in case of bodily
harm caused due to natural calamity or snake bite; and
(iii) an insurance scheme for persons residing near areas which are prone to
natural calamities or generally inhabited or frequented by venomous snakes.
4. 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.
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 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.26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
There have been several cases of deaths due to natural calamities and bites by
venomous snake. Such calamities lead to loss of lives and property. Of course, the occurrence
of natural calamities cannot be anticipated and innocent persons suffer without any prior
notice but miseries of the victims of natural calamities or snake bites could be minimized by
enacting suitable laws. At present, there is no provision for compensation either for the
victims of natural calamities or snake bites.
Therefore, the Bill makes provision of adequate compensation to the victims of natural
calamities and snake bites.
NEW DELHI; M.K. RAGHAVAN
July 7, 2014.
————
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides that the Central Government shall frame a Scheme for
payment of compensation to the victims of natural calamities and snake bites. 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 three hundred crore per annum.
A non-recurring expenditure of about rupees two hundred crore is also 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 powers is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27
BILL NO. 59 OF 2014
A Bill to amend the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention Short title and
of Atrocities) Amendment Act, 2014. 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 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment
33 of 1989. Act, 1989 (hereinafter referred to as the principal Act), in section 3, in sub-section (1),— of section 3.
(a) in clause (ii), after the word "injury", the words "or grievous injury" shall be
inserted; and28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) after clause (xv), for the words "six months but which may extend to five
years and with fine", the words "five years but which may extend to ten years and with
fine" shall be substituted.
Insertion of 3. In the principal Act, after section 3, the following new section shall be inserted,
new section namely:—
3A.
Punishment for "3A. Notwithstanding anything contained in the Indian Penal Code, 1860, 45 of 1860.
rape or attempt whoever, commits or attempts to commit rape on a woman belonging to the Scheduled
to rape.
Caste or the Scheduled Tribe shall be punished with life imprisonment.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29
STATEMENT OF OBJECTS AND REASONS
There has been a sharp rise in the offences committed against persons belonging to
the Scheduled Castes and the Scheduled Tribes. In particular, the incidents of offences
against women belonging to these communities are becoming order of the day across the
country. A large number of cases of grave and serious nature like outraging of modesty,
attempt to rape or rape of women belonging to the Scheduled Castes or the Scheduled Tribes
go unreported as these women are vulnerable and hardly dare to report such cases. Even in
the cases where the offences have been reported, the perpetrators of such crimes go
unpunished for several reasons. It is, therefore, necessary to amend the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 to make penal provisions more
stringent for offences of atrocities against persons belonging to the Scheduled Castes or the
Scheduled Tribes committed under section 3 of the Act. The Bill also proposes to provide life
imprisonment in case a person commits rape or attempts to commit rape on a woman belonging
to the Scheduled Castes or the Scheduled Tribes.
Hence this Bill.
NEW DELHI; KIRIT PREMJIBHAI SOLANKI
June 27, 2014.30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 61 OF 2014
A Bill to provide for regulation of surrogacy and for matters connected therewith
or incidental thereto.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as
follows: —
1. (1) This Act may be called the Surrogacy (Regulation) Act, 2014.
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.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) "assisted reproductive technology" means techniques that attempt to
obtain a pregnancy by handling or manipulating the sperm or the oocyte outside
the human body, and transferring the gamete or the embryo into the reproductive
tract;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31
(b) "assisted reproductive technology clinic" means any premises used
for procedures related to assisted reproductive technology;
(c) "child" means a child born through the use of assisted reproductive
technology;
(d) "couple" means two persons living together and having a sexual
relationship that is legal in India;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "surrogacy" means an arrangement in which a woman agrees to a
pregnancy, achieved through assisted reproductive technology, in which neither
of the gametes belong to her or her husband, with the intention to carry it and
hand over the child to the person or persons for whom she is acting as a
surrogate; and
(g) "surrogacy agreement" means a contract between the person availing
the assisted reproductive technology and the surrogate mother.
3. (1) The Central Government shall, in consultation with the State Establishment
Governments, establish a Board to be known as the National Board for Regulation of National
of Surrogacy (hereinafter referred to as the National Board) to exercise such powers Board for
Regulation of
and discharge such functions and duties conferred or imposed on the Board by or
Surrogacy.
under this Act.
(2) The National Board shall consist of—
(i) the Secretary to the Government of India, in-charge of Chairperson,
the Department of Health Research; ex-officio;
(ii) one person each representing,— Members; and
(a) the Ministry of Health and Family Welfare; and
(b) the Indian Council of Medical Research.
(iii) ten women representatives who shall have special Members
knowledge or practical experience in the field of assisted
reproduction, gynaecology, embryology, andrology, bioethics,
mammalian reproduction, medical genetics, social science, law
or human rights, to be nominated by the Central Government in
such manner as may be prescribed.
(3) The National Board shall meet as and when necessary, and at such place as
the Chairperson of the National Board may think fit.
(4) The National Board shall establish its offices in every district.
(5) The salary and allowances payable to, and other terms and conditions of
service of the Chairperson and other members of the Board shall be such as may be
prescribed.
(6) The Central Government shall provide to the Board such number of officers
and staff, as is necessary for the efficient functioning of the Board.
4. The National Board shall— Functions of
National Board.
(i) lay minimum requirements related to staff and physical infrastructure
for various categories of assisted reproductive clinics;
(ii) lay regulation in respect of permissible assisted reproductive
technology procedure;
(iii) lay regulation in respect of selection of patients for assisted
reproductive technology procedure;
(iv) encourage and promote research in the field of assisted reproductive
technology;32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(v) issue guidelines for counselling and providing patients with all
necessary information and advice on various aspects of surrogacy and assisted
reproductive technology procedures;
(vi) maintain national database in respect of infertility;
(vii) prescribe proforma for obtaining information from donor of gametes
and surrogate mothers, consent forms for various procedure, and contracts or
agreements between parties involved in surrogacy; and
(viii) frame policies, from time to time, on surrogacy and assisted
reproductive technology procedures.
Assisted 5. (1) Every assisted reproductive technology clinic shall, within such period
reproductive and in such form and manner as may be prescribed, apply for registration to the office
technology
of the National Board established in the district.
clinics to apply
for registration
(2) The National Board may, subject to such terms and conditions as may be
to the National
prescribed, register any assisted reproductive technology clinic on the basis of the
Board.
techniques, procedures and assisted reproductive technology practiced, including
surrogacy procedures, at such clinic.
(3) The surrogacy procedures referred to in sub-section (2) includes—
(a) infertility treatment, including Intra-Uterine Insemination (IUI), Artificial
Insemination with Husband's semen (AIH), and Artificial Insemination using
Donor Semen (AID), involving the use of donated or collected gametes;
(b) infertility treatment involving the use and creation of embryos outside
the human body;
(c) processing or storage of embryos; and
(d) research.
(4) No assisted reproductive technology clinic performing any of the functions
under sub-section (2) or any other advanced diagnostic, therapeutic or research
functions, shall practice any aspect of such diagnosis, therapy or research without
obtaining a Registration Certificate from the office of the National Board.
(5) Every assisted reproductive technology clinic registered under this Act
shall be deemed to have satisfied the provisions of the Pre-Conception and Pre-Natal
Diagnostic Techniques Act, 1994, and shall not be required to seek a separate 57 of 1994.
registration under that Act.
(6) Every assisted reproductive technology clinic shall forward every month to
the office of the National Board in the district the details of services provided to every
patient for surrogacy purpose, in such form, as may be prescribed.
Procedure 6. Any couple who intends to seek surrogacy through the use of assisted
regarding reproductive technology shall—
persons seeking
use of assisted (i) inform the office of the National Board in the district about assisted
reproductive
reproductive technology clinic where he intends to seek surrogacy through the
technology.
use of assisted reproductive technology;
(ii) declare about the woman who has agreed to act as a surrogate mother
or potential surrogate mother;
(iii) enter into an agreement with the woman who has agreed to act as a
surrogate mother and who is otherwise eligible to enter into an agreement for
the purpose of surrogacy;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33
(iv) bear all expenditure incurred on medical tests and treatment, food,
health insurance, compensation and other requirements of the surrogate mother
from the date of agreement, during the period of pregnancy and after delivery
as per medical advice and till the child is ready to be delivered as per medical
advice, to the biological parents.
7. (1) Notwithstanding anything contained in section 3, and subject to the Provisions of
surrogacy agreement, every woman seeking to or agreeing to act as a surrogate mother,— surrogacy
agreement and
(i) may also receive monetary compensation from the couple for agreeing medical tests of
to act as surrogate mother; woman seeking
to act as a
(ii) shall be medically tested for all communicable diseases including surrogate
mother.
sexually transmitted disease; and
(iii) shall be declared medically fit to act as a surrogate mother by the
assisted reproductive technology clinic where she intends to take medical
treatment for the purpose on the date she enters into an agreement to act as a
surrogate mother.
(2) All expenditure to be incurred on medical tests under sub-section (1) shall
be borne by the couple seeking surrogacy through the use of assisted reproductive
technology.
8. Any married woman, who intends to act as a surrogate mother for a couple, Eligibility
shall be eligible to enter into an agreement for surrogacy, if she has— conditions for
women to be
(i) attained the age of 21 years but is not above the age of 35 years; surrogate
mother.
(ii) procreated not less than two children from her marriage; and
(iii) obtained consent of her spouse for acting as a surrogate mother.
9. No woman shall act as a surrogate for more than four live births in her life, No woman to
including her own children. act a surrogate
for more than
four live births
in her life.
10. A surrogate mother shall, in respect of all medical treatments or procedures Surrogate
in relation to the concerned child, register at the hospital or such medical facility in mother to
register at the
her own name, clearly declare herself to be a surrogate mother and provide name or
hospital.
names and addresses of the persons, as the case may be, for whom she is acting as a
surrogate.
11. A surrogate mother shall relinquish all parental rights over the child. Surrogate
mother to
relinquish all
parental rights
over the child.
12. A child born to a woman through surrogacy may, upon reaching the age of Right of child to
eighteen years, ask for any information, excluding personal identification about his/ seek information
excluding
her genetic parent or parents or surrogate mother.
personal
information
about his genetic
parent or parents
or surrogate
mother.
13. Any foreign couple, not resident of India, seeking surrogacy in India shall— Procedure
regarding
(i) appoint a local guardian who shall be legally responsible for taking foreign couples
care of the surrogate during and after pregnancy of such woman; seeking
surrogacy in
(ii) pay premium for insurance cover to the surrogate mother and the India.
child she delivers until the time the child is handed over to the commissioning34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
parents or any other person as per agreement and till the surrogate mother is
free of all health complications arising out of surrogacy.
(iii) produce a letter from either the embassy of the country in India or
from the Foreign Ministry of that country clearly stating—
(a) the country of foreign couple permits surrogacy, and
(b) the child born through surrogacy in India will be permitted entry
in the country as a biological child of the commissioning couple.
Act not in 14. The provisions of this Act shall be in addition to and not in derogation of
derogation of any other law for the time being in force.
any other law.
Power to make 15. (1) The Central Government may, by notification in the Official Gazette,
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 35
STATEMENT OF OBJECTS AND REASONS
In recent years, the cases of child births through the use of advanced medical
technologies in surrogacy have been increasing. Not only common people but also
celebrities are taking recourse to assisted reproductive technologies to become
parents. As the cost in our country is lower in comparison to other countries, even
foreign couples are coming to India for this purpose. In view of ever larger number of
people taking recourse to this new technology, a number of legal issues have arisen
which needs urgent attention. Accordingly regulation of surrogacy is the need of the
hour.
The primary concern in surrogacy cases is the plight of women who agree to act
as surrogate mother. Mostly, such women are poor and belong to marginalized sections
of society who easily agree to act as surrogate mother for monetary reasons. To
protect such women and also to address certain legal and ethical issues concerning
surrogacy, it is proposed to regulate functioning of such clinics to ensure that the
services provided are ethical and the medical, social and legal rights of all concerned
are protected.
Hence this Bill.
NEW DELHI; KIRIT PREMJIBHAI SOLANKI
June 27, 2014.
————
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for establishment of a National Board for Regulation
of Surrogacy. 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 one thousand crore per annum.
A non-recurring expenditure of about rupees one hundred 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 the rules will relate to matters of detail only, the
delegation of legislative powers is of a normal character.36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 62 OF 2014
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as
follows:—
Short title. 1. This Act may be called the Constitution (Amendment) Act, 2014.
Insertion of 2. After article 16 of the Constitution, the following article shall be inserted, namely:—
new article
16A.
Employment "16A. Nothing in this Constitution shall prevent the State from taking any step
opportunity for to encourage private sector to provide reservation in the matter of employment in
persons private enterprises in favour of persons belonging to the Scheduled Castes and the
belonging to
Scheduled Tribes in such manner as the State may, by law, determine."
the Scheduled
Castes and the
Scheduled
Tribes in
Private Sector.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37
Explanation.—In this article, "private enterprise" means any private enterprise or
organization whose annual turnover is not less than rupees twenty crore.
3. In article 335 of the Constitution, the words "consistently with the maintenance of Amendment of
efficiency of administration" shall be omitted. article 335.38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
The framers of the Constitution felt that unless special provisions were made for the
protection of the rights of Scheduled Castes and Scheduled Tribes to secure fair representation
in public employment in proportion to their population, they would never be in a position to
catch up and compete successfully for securing public employment. Therefore, to secure fair
representation of Scheduled Castes and Scheduled Tribes in services and posts under the
State, special provisions of reservation and other welfare measures under articles 15(4),
16(4), 16 (4A), 16(4B), 46 and article 335 of the Constitution were made.
It has been observed that even after sixty-five years of independence and with the
facilities of aforesaid provisions, the representation of the Scheduled Castes and the Scheduled
Tribes in various Departments and Public Sector Undertakings of Government of India has
not reached the prescribed level of reservation i.e., 15 per cent. for Scheduled Castes and
7.5 per cent. for Scheduled Tribes. A substantial shortfall of Scheduled Castes in Group A
and B category and Scheduled Tribes in almost all categories of posts can be noticed; the
post-wise analysis has indicated that percentage of representation of these communities in
higher posts is far below the requirement. The reservation for Scheduled Castes and Scheduled
Tribes in services, though constitutionally guaranteed, has become a farce due to the frequent
and unwarranted interference on the part of Administrators and Judiciary.
One of the main reasons for non-implementation of reservation policy effectively has
been invented, by the persons in authority, in the provisions of article 335 wherein the words
"consistently with the maintenance of efficiency of administration" have been read
emphatically and eloquently than the article as a whole with a view to find a leeway for denial
of reservation to the persons belonging to the Scheduled Castes and Scheduled Tribes in
services and posts under the State. Such dubious interpretation of this lucidly worded article
has obliterated and stolen the plain meaning of article 335 of the Constitution. Moreover,
these words are no longer relevant at the time when suitable, efficient, eligible candidates
with sound educational background are available from the Scheduled Castes and Scheduled
Tribes categories. Now, these people want their full representation not only reservation in
posts and services under the States. Therefore, these words should be omitted from the
article 335 of the Constitution so that there is no scope of denying benefits to the Scheduled
Castes and the Scheduled Tribes on this ground.
At present, job opportunities in Government sector are very limited due to increasing
privatisation of services in each sector. Today, most of the job opportunities are available in
private sector but there is no reservation policy in existence even though they are supposed
to share and contribute in discharging their social responsibility. It may be seen that there is
nothing private in the private sector because most of the players in private sector have
availed loan up to ninety-five percentage of the cost of their establishment from the
nationalised banks and financial institutions to carry out their business. Loan raised by them
is public money which is being utilised for promoting private vested interests without
performing any social responsibility. Therefore, it becomes imperative for the State to encourage
private sector to provide reservation in favour of persons belonging to the Scheduled Castes
and Scheduled Tribes in order to fulfil their social obligation.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39
The Bill seeks to amend the Constitution with a view to:—
(i) enable the State to take steps to encourage private sector to provide reservation
in favour of persons belonging to the Scheduled Castes and Scheduled Tribes
in their establishments; and
(ii) omit the words 'consistently with the maintenance of efficiency of
administration' from article 335 to remove any hindrance in the way for
implementation of reservation policy effectively;
in order to safeguard the interests of persons belonging to the Scheduled Castes and
Scheduled Tribes ensured in the various provisions of the Constitution and to secure them
social justice and providing opportunities to have a reasonable share in the governance and
administration of the country.
Hence this Bill.
NEW DELHI; KIRIT PREMJIBHAI SOLANKI
June 27, 2014.40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 60 OF 2014
A Bill to provide for control of sale and distribution of acids in order to prevent the acid
attacks on human beings particularly women and girls and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Acid (Control) Act, 2014.
Short title
and extent.
(2) It extends to the Union territories only.
2. In this Act, unless the context otherwise requires,—
Definitions.
(a) "acid" means any acidic solution, the sale and distribution of which is declared
by the Central Government to be governed by or under the provisions of this Act;
(b) "dealer" means a person carrying on either personally or through any other
person the business of selling any acid, whether wholesale or retail;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41
(c) "Controller" means the Controller of Acids appointed by the Central Govern-
ment under section 4; and
(d) "prescribed" means prescribed by rules made under this Act.
3. (1) The Central Government shall, by notification in the Official Gazette, publish a Central
list of acids to which the provisions of this Act shall apply. Government
to publish list
(2) The Central Government may, at any point in time, amend the list published under of acids.
sub-section (1).
4. (1) The Central Government shall, by notification in the Official Gazette, appoint a Appointment
Controller of Acids to control and regulate the sale and distribution of acids in such manner of Controller
as may be prescribed. of Acids.
(2) Without prejudice to the generality of the provisions contained in sub-section (1),
the Controller shall be empowered to,—
(a) ban the retail sale of acid to specified persons;
(b) prescribe compulsory licences for dealers authorised to sell acid in retail;
(c) ensure that the dealers, who sell acids, shall record the sale transactions in
such manner as may be prescribed.
(3) The Controller shall be assisted by such number of officers, inspectors and
employees as may be prescribed.
(4) The salary, allowances payable to and the terms and conditions of service of the
officers and employees shall be such as may be prescribed.
5. Subject to provisions of section 6, no person other than the authorised dealers shall Authorised
sell or possess any acid. dealers to sell
acid.
6. The Controller may, by notification, exempt any bonafide industrial or academic user Exemptions
from the provisions of this Act. on use of
acids.
7. (1) Whoever contravenes any of the provisions of this Act or fails to comply with Penalties.
any direction made under authority conferred by this Act shall be punished with imprisonment
for a term which may extend to three years, or with fine, which may extend to fifty thousand
rupees or with both.
(2) The Court may, at any stage of trial, order that the whole or any part of the stock of
acids in respect of which the offence was committed be forfeited to the Government and the
establishment from which the stock was released be sealed.
8. Where a person committing an offence punishable under this Act is a company Offences by
or an association or a body of persons, whether incorporated or not, every director, corporations.
manager, secretary, agent or other officer or person concerned with the management
thereof, shall, unless he proves that the offence was committed without his knowledge
or that he has exercised all due diligence to prevent its commission, be deemed to be
guilty of such offence.
9. In all trials for offences under this Act, the magistrate shall follow the procedure Offences to be
1 of 1974. prescribed in the Code of Criminal Procedure, 1973 for the trial of summary cases. tried
summarily.
10. In trials of offences under this Act, it shall be presumed, unless and until the Presumption
contrary is proved, that the accused has committed an offence under this Act in respect of of possession.
any acid preparations for the possession of which he fails to account satisfactorily.42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Power of 11. Any person competent to investigate an offence under this Act may search any
search and place in which he has reason to believe that an offence under this Act has been, or is being
seizure.
or is likely to be committed, and take possession of any stock of acid in respect of which the
offence has been or is being committed and the provisions of the Code of Criminal Procedure,
1973, shall, so far as may be applicable, apply to any search or seizure under this Act as they 1 of 1974
apply to any search or seizure made under the authority of a warrant issued under that Code.
Vexatious 12. (1) Any officer exercising powers under this Act or the rules made thereunder
search and who—
seizure.
(a) without reasonable ground for believing that it is necessary so to do, searches
or causes to be searched any house, building or enclosed place or any vehicle, vessel
or aircraft;
(b) vexatiously or unnecessarily seizes any acidic preparation;
(c) vexatiously or unnecessarily detains, searches or arrests any person; or
(d) commits, as such officer, any other act resulting in an injury to any person,
without having any reason to believe that such act is required for the execution of his
duty;
shall for every such offence be punished with fine which may extend to twenty thousand
rupees.
(2) Any person who wilfully and maliciously gives false information so as to cause an
arrest or a search to be made under this Act shall be punished with a fine which may extend
to twenty thousand rupees, or with imprisonment for a term which may extend to one year, or
with both.
Saving of 13. The provisions of this Act shall be in addition to, and not in derogation of, any
other laws. other law for the time being in force regulating any of the matters dealt with in this Act.
Power to 14. (1) The Central Government may, by notification in the Official Gazette, makes 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 43
STATEMENT OF OBJECTS AND REASONS
During the past few years there is a sudden spurt in the incidents relating to acid
attacks particularly on women in the country. Every year many women are killed, maimed,
blinded or scarred for life by the acid attacks. The main and simple reason for increase in such
incidents is the absence of any law in the country to regulate the sale of acids. As of now,
anybody can walk down to the nearby store and purchase any amount of acid over the
counter for less than twenty rupees. In many countries, including Bangladesh, there is an
Acid Control Act which regulates the sale of acids and also the way it is produced, stored
and transported. Unfortunately, in our country, the acid is carelessly allowed to become a
deadly weapon. Once this weapon is used on any woman, the victim goes through a trauma
throughout her life as even after many cosmetic surgeries and corrections the scar does not
leave.
Besides, there is permanent scar on the mind of a woman reminding her of the gruesome
incident throughout her life. There is a constant demand that a separate law should be in
place to punish offenders of acid attacks but at the same time there is also a proposal that the
focus of the remedial action should be on controlling the sale of acids, rather than punishing
the perpetrators. It is, therefore, high time that a law on controlling the sale of acids should
be framed and the violators should be severely punished. However, the bona fide users for
industrial, research and academic purposes should be exempted from the purview of such
law which shall be applicable to Union territories only in view of the jurisdiction of the
respective Governments on the subject.
The Bill seeks to achieve the above objectives.
Hence this Bill.
NEW DELHI; KIRIT PREMJIBHAI SOLANKI
June 27, 2014.
______
FINANCIAL MEMORANDUM
Clause 4 of the Bill provides for appointment of Controller of Acids, Officers, Inspectors
and other employees by the Central Government to control and regulate the sale and
distribution of acids. It is estimated that an amount of rupees one hundred crore per annum
would be involved from the Consolidated Fund of India as recurring expenditure.
It is also estimated that a non-recurring expenditure of rupees fifty crore will 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. As the rules will relate to matters of detail only, the delegation of
legislative power is of a normal character.44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO.66 OF 2014
A Bill to provide for the regulation of appointments on compassionate grounds in offices
under the control of Central Government and for matters connnected therewith.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as
follows:—
Short title, 1.(1) This Act may be called the Government Services (Regulation of Compassionate
extent and Appointments) Act, 2014.
commencement.
(2) It shall apply to the offices under the control of Central Government.
(3) It shall come into force at once.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) "appointment on compassionate grounds" means any appointment to the
Government service of a member of the family of a Government servant who dies while
being in service;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45
(b) "Dependent Family Member" means
(i) spouse; or
(ii) son (including adopted son); or
(iii) daughter (including adopted daughter); or
5
(iv) brother or sister in the case of unmarried Government servant, who
was wholly dependent on the Government servant at the time of his death in
harness; or
(v) parents, if the Government servant was their only child;
(c) "Government" means the Central Government;
(d) “Government servant” means a person who was a Government servant at the
time of his death but does not include a person ‘who’ was appointed on daily wage or
casual or apprentice or on ad hoc basis or contract or re-employment basis;
(e) “Government service” means any service to any Ministry, organization,
undertaking, autonomous body or society or any establishment for which funds are
provided by the Central Government or where majority of shares are held by the
Central Government; and
(f) “prescribed” means prescribed by rules made under this Act.
3. (1) Notwithstanding anything contained in any other law or rule or order or bye-law Appointment
on
or notification or judgement or order of any Court, for the time being in force, the Central
compassionate
Government shall provide appointment on compassionate grounds to one dependent family grounds to be
provided
member of a Government servant who dies in harness within a period of two months from the
within two
date of death of the Government servant in such manner as may be prescribed. months from
the date of
(2) The appointment on compassionate grounds provided under sub-section (1) shall death of a
government
not be subject to any quota or ceiling prescribed for such appointments. servant.
4. (1) The Central Government may prescribe such eligibility conditions and other Central
guidelines for appointment on compassionate grounds, as it may think fit. Government
to prescribe
(2) Without prejudice to the generality of the foregoing provision, such eligibility guidelines.
conditions shall also include,—
(i) that the dependent family member shall be living with the Government servant
at the time of his death;
(ii) that the eligible family member makes an application for appointment on
compassionate grounds; and
(iii) that the total income of the dependent family members shall not be more
than rupees two lakh per annum.
5. (1) Subject to section 4, if no suitable employment is available on compassionate Government
grounds in the organisation in which the Government servant was working at the time of his to provide
employment.
death, it shall be mandatory for the Government to provide employment in another organization
in the Government, preferably in the same city in which the Government servant was residing
at the time of his death.
(2) If none of the family members is eligible for compassionate appointment, then the
oldest member of the family who has not attained the age of fifty years shall be provided with
employment after giving him suitable training necessary for the job.46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Power to 6. (1) The Central Government may, by notification in the Official Gazette, make rules for
make rules. 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
When a Government servant dies in service, his immediate family is left uncared for.
With the meagre pension benefits, the family will not be able to sustain in the present day
when cost of living is going up consistently. Of course, there is a provision for providing
employment to eligible dependent member of the immediate family of the Government servant
on compassionate grounds. But it has been observed that the employment is refused on
flimsy grounds or the family is made to run from pillar to post to get employment. Sometimes,
employment is also refused on the ground that quota fixed for such appointments is already
over or none of the family members was found eligible for appointment in Government
service. Only in very few cases, compassionate employment is provided to immediate family
members of the Government servants.
In order to mitigate the sufferings of the family members of the Government servant,
the Bill seeks to provide for compulsory employment to dependent family members of the
Government servant on compassionate grounds within a given time frame.
The Bill will go a long way in mitigating the sufferings of the family members of the
Government servants. Moreover, the Supreme Court has, in a judgement, ordered that
compassionate appointments can be mandatory but can only be given in certain
circumstances. As a result, many of the families are suffering.
The Bill seeks to achieve the above objectives.
NEW DELHI; A. T. NANA PATIL
June 27, 2014.
————
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for appointment of dependent family members of the
Government servant on compassionate grounds within a given time frame. The Bill also
provides for suitable training to dependant family members in order to make them eligible for
Government service. 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 involved.
A non-recurring expenditure of about rupees ten crore is also likely to be involved.
————
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 6 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.48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 78 OF 2014
A Bill to provide for the declaration and recognition of national assets and for matters
connected therewith.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as
follows:—
Short title, 1. (1) This Act may be called the National Assets (Protection) Act, 2014.
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.
Declaration 2. Notwithstanding anything contained in any other law for the time being in force, the
and protection
following shall be recognized as National assets and protected as such:—
of National
Assets. (i) Peacock—the National Bird;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49
(ii) Lotus—the National Flower;
(iii) Tiger—the National Animal;
(iv) Ganga—the National River;
(v) Cow and its progeny; and
(vi) Yathartha Geeta—National Book.
3. Whoever,— Punishment.
(i) causes any injury or kill or attempt to kill any animal or bird protected as
National Assets under this Act; or
(ii) pollute or damage or causes to pollute or damage river Ganga in any manner;
or
(iii) mutilates, burns or shows disrespect to the National Book,
shall be punished with imprisonment for a term which shall not be less than five years
and with fine which may extend upto rupees one lakh.
4. (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 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.50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
Since time immemorial, certain things in our country have been recognized as sacred
and national assets. Steps have been taken by successive Governments to preserve and
protect them and to give them their due place in events of national importance. Infact, the
Project Tiger was started to protect the tiger from extinction, as tiger was considered as the
national animal. The Ganga Action Plan was started to cleanse and protect river Ganga.
Similarly, our national bird Peacock is on the verge of extinction, and therefore needs immediate
steps to protect it. Moreover, replicas of Peacock, Lotus and Tiger are used in National
events and functions to showcase our national pride in having them in our country. But
cases of showing disrespect to these symbols of national pride by causing injury to them or
killing them or damaging or by acts of polluting have increased. If we are to protect our
national assets, we have to take stringent action to ensure its safety and preservation.
The Bill seeks to preserve and protect these national assets.
Hence this Bill.
NEW DELHI; A.T. NANA PATIL
June 27, 2014.
————
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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51
BILL NO. 65 OF 2014
A Bill to provide for the welfare of agricultural workers and for matters
connected therewith.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Agricultural Workers Welfare Act, 2014. Short title and
extent.
(2) It extends to the whole of India.
2. In this Act, unless the context otherwise requires,— Definitions.
(a) "agricultural workers" means a person who follows one or more of the
following agricultural occupations in the capacity of labourer on hire or in exchange
whether in cash or in kind or partly in cash and partly in kind:—
(i) farming, including the cultivation and tillage of soil;
(ii) dairy farming;
(iii) pisciculture;52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(iv) production, cultivation, growing and harvesting of any horticulture,
floriculture commodity;
(v) raising of livestock, bee-keeping or poultry;
(vi) any practice performed on a farm as incidental to, or in conjunction
with, the farm operations (including any forestry or timbering operations and the
preparation for market and delivery to storage or to market or to carriage for
transportation of farm products); and
(vii) growing fodder or thatching grass or for grazing cattle;
(b) "appropriate Government" means in the case of a State, the State Government,
and in all other cases, the Central Government; and
(c) "prescribed" means prescribed by rules made under this Act.
Formulation 3. (1) As soon as may be, but not later than one year from the commencement of this
of a scheme Act, the Central Government shall, in consultation with the State Governments, formulate a
for the welfare
scheme for the welfare of agricultural workers.
of agricultural
workers. (2) Without prejudice to the generality of the foregoing provision, the scheme shall
provide for the agricultural workers,—
(i) a comprehensive insurance scheme;
(ii) old age pension;
(iii) free health care facilities; and
(iv) payment of compensation in cases of accident during agricultural operations.
Implementation 4. The appropriate Government shall take steps to implement the schemes formulated
of the scheme. under section 3 in such manner and within such time as may be prescribed.
Constitution 5. (1) The Central Government shall constitute a Fund to be known as the Agricultural
of Agricultural Workers Welfare Fund to which the Central Government and the State Governments shall
Workers
contribute in such ratio as may be prescribed.
Welfare Fund.
(2) The Fund constituted under sub-section (1) shall be utilized to give effect to the
provisions of this Act.
Power to make 6. (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 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 53
STATEMENT OF OBJECTS AND REASONS
The economy of our country depends, to a considerable extent, upon agriculture.
More than Sixty-five per cent of the population in the country is directly or indirectly engaged
in agriculture. Lakhs of workers are involved in agricultural operations. But their role as key
contributors in the national economy has never been given due importance. They live in
miserable conditions. They are not even paid the minimum wages which they are entitled to
get. They do not have any access to health care, pension and other such benefits.
The miserable living conditions of the agricultural workers largely go unnoticed as
they are in unorganized sector and they do not have any forum to vent their grievances.
They have been a neglected lot.
Therefore, it is proposed in the Bill to formulate a scheme for the welfare of agricultural
workers.
NEW DELHI; A.T. NANA PATIL
June 27, 2014.
————
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for formulation of a scheme for the welfare of agricultural
workers. Clause 4 provides for implementation of the scheme for the welfare of agricultural
workers. Clause 5 provides for constitution of an Agricultural Workers Welfare Fund. 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 thousand crore per annum will
be involved.
A non-recurring expenditure of about rupees five hundred crore is also likely to be
involved.
————
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 6 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.54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 77 OF 2014
A Bill further to amend the Ancient Monuments and Archaeological
Sites and Remains Act, 1958.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as
follows:—
Short title 1. (1) This Act may be called the Ancient Monuments and Archaeological Sites
and and Remains (Amendment) Act, 2014.
commence-
ment. (2) It shall come into force at once.
Amendment 2. In section 20A of the Ancient Monuments and Archaeological Sites and Remains
of section Act, 1958 (hereinafter referred to as the principal Act), in sub-section (1),— 24 of 1958.
20A.
(i) for the words "one hundred meters", the words "fifty meters" shall be
substituted; and
(ii) the proviso shall be omitted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55
3. In section 20B of the principal Act,— Amendment
of section
(i) for the words "two hundred meters", the words "one hundred meters" shall
20B.
be substituted; and
(ii) the first proviso shall be omitted.
4. In section 20C of the principal Act, in sub-section (1), for the words, "before the Amendment
16th day of June, 1992", the words, "on the date of coming into force of the Ancient of section
Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010," 20C.
shall be substituted.
5. In section 20-I of the principal Act, in sub-section (1), after clause (b), the following Amendment
clause shall be inserted, namely:— of section
20-I.
"(ba) prepare plans for beautification, renovation and development of ancient
monuments and archaeological sites and upgradation and creation of infrastructural
facilities in and around the ancient monuments and archaeological sites.".
6. After section 20Q of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
20R.
"20R. The Central Government shall make available adequate funds for Central
development of all monuments and archaeological sites and for creation and upgradation Government
to provide
of infrastructure at such sites, as recommended by the Authority under clause (ba) of
funds for
sub-section (1) of section 20-I”.
development
of all
monuments
and archaeo-
logical sites.56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
The Ancient Monuments and Archaeological Sites and Remains Act, 1958 was amended
in 2010 which came as a shock to thousands of people owning properties near monuments
and sites covered under the Act. With the coming into force of the Act, thousands of people
can no longer construct or repair or renovate their properties because of the restriction
imposed by the Act on any such activity within the stipulated distance from the monuments.
Several public projects have come to standstill or have been disallowed due to
restrictions imposed under the Act. On the one hand people are suffering because they are
not allowed to undertake any construction activity and on the other hand public works have
been stalled.
There are thousands of monuments in our country which are lying in a dilapidated
condition. They are misused by anti-social elements for illegal activities. A situation has
arisen that these monuments are neither improved nor used for any purpose nor any
construction activity is allowed near the monuments. It is accordingly proposed to renovate/
upgrade facilities in these sites so as to exploit their tourism potential. The Bill seeks to
amend the Act, with a view to relax the restrictions imposed under the Act so as to mitigate
the difficulties faced by the people.
Hence this Bill.
NEW DELHI; A.T. NANA PATIL
June 27, 2014.
————
FINANCIAL MEMORANDUM
Clause 6 of the Bill provides that the Central Government shall make available adequate
funds for preparing plan for beautification, renovation, development, upgradation, creation
of infrastructural facilities in and around ancient monuments and archaeological sites. 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 is also likely to be
involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57
BILL NO. 89 OF 2014
A Bill to provide financial assistance to the State Governments for protection of water
bodies.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Financial Assistance to the State Governments (for Short title,
Protection of Water Bodies) Act, 2014. 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.58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Definitions. 2. In this Act, unless the context otherwise requires,—
(i) "aquatic eco-system" 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;
(ii) "drain" included gutters, waste water canals, sewers and all outlets or flow
of waste water including overflow of rain water;
(iii) "groundwater" means all water under the surface of the ground, whether in
solid or liquid form;
(iv) "water" means all surface water and ground water, whether in solid or liquid
form; and
(v) "water body" means anybody 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.
State 3. Every State Government shall inform the Central Government—
Governments
(i) about the existence of water bodies in the respective State; and
to inform the
Central
(ii) requirement of financial assistance to protect the water bodies in the State.
Government.
Power of State 4. Every State Government shall, before informing the Central Government under
Governments section 3, make the regulation for the purpose of—
to make
regulations. (a) designating any area as a water quality control zone for the purpose of
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.
State 5. Every State Government shall, before informing to the Central Government under
Government section 3, take into consideration the scientific, intrinsic and other information relating to—
to consider
the scientific, (a) the physical characteristics of land in the area, including its topography and
intrinsic and
soil types;
other
information (b) the ability of the soil or water in the area to assimilate nutrients and other
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 eco-systems;
(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; andSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59
(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.
6. The Central Government shall render scientific and technical advice and assistance Central
to State Governments if so required to achieve the purposes of this Act. Government
to render
scientific and
technical
advice.
7. (1) The Central Government shall, after due appropriation made by Parliament by Central
law in this behalf, provide financial assistance to every State Government for protection of Government
to provide
water bodies and for promotion of rain harvesting and watershed management programmes.
financial
(2) The Central Government before releasing the money shall ensure that assistance to
State
State Government has complied with the provisions of this Act.
Governments.60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
Water is the most valuable natural resource 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 country 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 Governments for
the protection of water bodies and promotion of rain harvesting and watershed management
programmes.
Hence this Bill.
NEW DELHI; MULLAPPALLY RAMACHANDRAN
June 30, 2014.
—————
FINANCIAL MEMORANDUM
Clause 6 of the Bill provides for rendering of scientific and technical advice and
assistance to the State Governments. Clause 7 provides for financial assistance to every
State Governments for protection of water bodies, etc.
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 be involved as recurring
expenditure per annum.
A non-recurring expenditure of about rupees one thousand crore is also likely to be
involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61
BILL NO. 87 OF 2014
A Bill to provide for conducting yearly demand and supply survey of labour force
across various sectors of economy in order to provide demand and supply
estimates of employment and bridge the gap between demand and
supply of labour force for effective performance of the economy.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the Labour Force (Demand and Supply Survey) Act, 2014. 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) "Committee" means the Advisory Committee constituted under section 3;
(b) "Fund" means the Labour Survey Fund constituted under section 5;62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(c) "labour force" includes workers employed or employable or seeking
employment in organised or unorganised sector; and
(d) "prescribed" means prescribed by rules made under this Act.
Constitution 3. (1) The Central Government shall, in consultation with the State Governments,
of Advisory constitute an Advisory Committee to conduct yearly survey of demand and supply of labour
Committee. force.
(2) The Committee shall consist of a Chairperson and such number of members including
experts, as may be prescribed, to be appointed by the Central Government.
(3) The salary and allowances payable to, and other conditions of service of the
Chairperson and members of the Committee, shall be such as may be prescribed.
(4) The Committee shall have its headquarters at Delhi and may establish its regional
office in every district.
(5) The Central Government shall provide such number of officers and staff, as may be
necessary for the efficient functioning of the Committee.
Functions of 4. The Committee shall—
the
Committee. (i) collect and maintain yearly information on demand and supply of labour
force through survey across various sectors of economy;
(ii) maintain a consolidated report of demand and supply mismatch by dividing
the working-age group population into three mutually exclusively categories, namely,
demand, supply and requirement;
(iii) in consultation with the State Governments, conduct demographic analysis
of labour market and suggest measures to bridge the gap between demand and supply
of labour force mismatch in different sectors of economy;
(iv) submit periodical reports, in such form and manner, as may be specified by
the Central Government; and
(v) carry out such other tasks as may be assigned by the Central Government for
the purposes of this Act.
Constitution of 5. (1) The Central Government shall constitute a Fund to be known as the Labour
Labour Survey Survey Fund.
Fund.
(2) The Fund shall be administered by the Chairperson of the Committee.
(3) The Fund shall be utilized by the Chairperson of the Committee to meet the
expenditure in connection with any work relating to yearly surveys under this Act.
Central 6. The Central Government shall, after due appropriation made by Parliament by law in
Government this behalf, provide such sums to the Labour Survey Fund as may be necessary for carrying
to provide
out the purposes of this Act.
funds.
Power to make 7. (1) The Central Government may, by notification in Official Gazette, make rules for
to rules. 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, as the case may be, each House of the State Legislature,
while it is in session, for a total period of thirty days which may be comprised in one session
or two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, Parliament or, as the case may
be, the State Legislature agrees in making any modification in the rule or 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 modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63
STATEMENT OF OBJECTS AND REASONS
Due to globalization and technological progress, there has been a considerable growth
in demand for labour with higher skills whereas the supply has not grown correspondingly.
Therefore, projections on demand and supply of labour force require conducting of a
detailed survey from time to time to identify emerging trend of demand and supply in labour
market.
The demand and supply of labour force study also helps to know about how jobs are
changing and what knowledge, skills, educational qualifications and competence are required
to be developed to meet the need of labour market.
There is also a need to have a clearer idea of how supply and demand of labour force
can match. This information is crucial to understand if there is a mismatch between skills
possessed by workers and skills required by the employers.
Therefore, it is proposed to conduct a yearly survey on demand and supply of labour
force in order to match the dynamics of the labour market.
Hence this Bill.
NEW DELHI; RAJIV PRATAP RUDY
June 30, 2014.
————
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for constitution of an Advisory Committee to conduct
yearly survey on demand and supply of labour force in various sectors. Clause 5 provides
for constitution of a Labour Survey Fund to meet expenditure in connection with any work
relating to yearly surveys. Clause 6 provides for supply of funds to the Labour Survey Fund
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
one hundred crore is likely to be incurred from the Consolidated Fund of India.
A non-recurring expenditure of about rupees five hundred crore is also likely to be
incurred.
————
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 7 of the Bill empowers the Central Government to make rules for carrying out
the purpose of the Bill. As the rules will relate to matters of detail only, the delegation of
legislative powers is of a normal character.64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 90 OF 2014
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
Short title. 1. This Act may be called the Constitution (Amendment) Act, 2014.
Amendment of 2. In the Eighth Schedule to the Constitution,—
the Eighth
Schedule. (i) existing entries 3 to 9 shall be renumbered as entries 4 to 10, respectively, and
before entry 4 as so renumbered, the following entry shall be inserted, namely:—
‘‘3. Bhojpuri.’’;
(ii) after entry 10 as so renumbered, the following entry shall be inserted,
namely:—
‘‘11. Magahi.’’;
(iii) entries 10 to 16 shall be renumbered as entries 12 to 18, respectively, and
after entry 18 as so renumbered, the following entry shall be inserted, namely:—
‘‘19. Rajasthani.’’
(iv) entries 17 to 22 shall be renumbered as entries 20 to 25, respectively.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65
STATEMENT OF OBJECTS AND REASONS
Language is not only a medium of communication, but also a sign of respect. Language
also reflects on the history, culture, people, system of governance, ecology, politics, etc.
‘Bhojpuri’ language is also known as Bhozpuri, Bihari, Deswali and Khotla and is a
member of the Bihari group of the Indo-Aryan branch of the Indo-European language family
and is closely related to Magahi and Maithili languages.
Bhojpuri language is spoken in many parts of north-central and eastern regions of this
country. It is particularly spoken in the western part of the State of Bihar, north-western part
of Jharkhand and the Purvanchal region of Uttar Pradesh. Many Bhojpuri magazines and
newspapers are published in the States of Bihar and Uttar Pradesh. Bhojpuri language is
spoken by over 40 million people in the country. As per the Census 2001, the figure shows
that a total of 3,30,99,497 persons in the country have written Bhojpuri as their Mother
Tongue.
The history of Bhojpuri language dates back to 7th century. Due to a long history of
emigration from the Bhojpuri regions, this language has spread over all continents of the
world. It is also one of the national languages of Fiji spoken as ‘Fiji Hindi’.
Bhojpuri culture is popular even in countries like Nepal, Mauritius, Sri Lanka, Thailand,
England and Greece. In about twenty countries across the world, fifteen to sixty-five per
cent. of the population is Bhojpuri speaking. In Nepal, Bhojpuri is spoken by over two million
people. Bhojpuri is also spoken by over four lakh people in Mauritius.
Variants of Bhojpuri are spoken by descendants of Bhojpuri-speaking plantation
workers in several countries like Guyana, Suriname, Fiji, Trinidad and Tobago.
In addition to Bhojpuri, ‘Magahi’ is one of the prominent language spoken by millions
in the eastern part of India specially in various districts of the States of Bihar, Jharkhand,
Odisha and West Bengal. The language carries the rich cultural heritage and traditions of the
people residing in these areas.
Rajasthani is another prominent language having rich traditions spoken widely in the
States of Rajasthan, Madhya Pradesh, Haryana, Gujarat and Punjab. Around thirty-five
million people speak this language in the State of Rajasthan alone. Efforts have been made
by the eminent scholars to get this language the recognition which it deserves. However, the
language has not yet got the due recognition.
In view of above, in order to promote, integrate and empower Bhojpuri, Magahi and
Rajasthani languages and to protect the culture and traditions of the speakers of these
languages and also taking into consideration of these languages, which are spoken by
millions of people, it is necessary that these languages be given their due recognition by
including them in the Eighth Schedule to the Constitution.
NEW DELHI; RAJIV PRATAP RUDY
June 30, 2014.66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO. 86 OF 2014
A Bill further to amend the Electricity Act, 2003.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
Short title and 1. (1) This Act may be called the Electricity (Amendment) Act, 2014.
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Substitution of 2. For section 4 of the Electricity Act, 2003 (hereinafter referred to as the principal Act), 36 of 2003.
new section for the following section shall be substituted, namely:—
section 4.
National Policy "4. (1) The Central Government shall, after consultation with the State
on stand alone Governments, prepare and notify a national policy, permitting stand alone systems
systems for rural
(including those based on renewable sources of energy and other non-conventional
areas and non-
sources of energy) for rural areas within six months from the date of coming into force
conventional
energy systems. of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67
(2) The Central Government and the concerned State Governments shall jointly
create necessary infrastructure in rural areas to harness solar power and other forms of
renewable energy to ensure access to electricity to every rural household by the year
2020.".
3. In section 6 of the principal Act, for the words "electrification of households" the Amendment of
words "electrification of households by the year 2020" shall be substituted. section 6.
4. After section 6 of the principal Act, the following section shall be inserted, namely:— Insertion of
new section
6A.
"6A. (1)The Central Government shall, in consultation with the State National
Governments, as soon as possible but not later than six months from the date of policy on
promotion of
coming into force of this Act, prepare and notify a national policy aimed at encouraging
use of
the use of renewable sources of energy to ensure electrification in rural and urban
renewable
areas. sources of
energy.
(2) The Central Government shall, by notification in the Official Gazette, constitute
a Fund to—
(i) ensure availability of financial resources for the promotion and use of
renewable sources of energy;
(ii) promote research and innovation in the use of renewable sources of
energy;
(iii) provide incentives like subsidies or financial assistance to persons
who opt for use of non-renewable energy; and
(iv) provide incentives for setting up of small scale industry based on
solar energy.
(3) The Central Government shall, in consultation with the State Governments
and the Appropriate Commission, set the target to be achieved by the States regarding
use of renewable sources of energy in generation of electricity.".68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
The Electricity Act, 2003, seeks to provide, inter alia, for generation, transmission,
distribution, trading and use of electricity to all areas. The Act was further amended in 2007
to give effect to certain changes that were considered necessary.
As per census 2011 figures, close to 45 per cent. of rural India lack access to electricity.
Hence, it becomes essential to formulate a time bound dynamic national policy permitting
stand along systems for the use of renewable sources of energy.
The census further indicates that 43 per cent. of India's rural households continue to
depend on kerosene for lighting. The usage of kerosene for domestic heating and lighting
leads to respiratory diseases and impaired eyesight. Therefore, in order to harness a clean,
cost-effective and safe source of energy, necessary programmes are required to be framed
and implemented in rural areas by the State Governments concerned.
Section 6 of the parent Act provides that the concerned State Governments and the
Central Government shall jointly endeavour to provide access to electricity to all areas
including villages and hamlets through rural electricity infrastructure and electrification of
households. However, more than 33 per cent. of Indian households are still have no access
to electricity. Moreover, even in cities, households suffer on account of shortage of power.
Therefore, a time-frame to ensure that 400 million people get access to electricity and the
mechanism adopted by the Central and the State Governments to resolve these issues is
vital.
India is already the fourth largest energy consumer in the world. The Indian economy
is fast growing. But, millions of households in the country still lack sufficient energy access.
Increasing dependence on oil imports for meeting the country's rising energy needs is
becoming a major concern for India's energy security. In light of the above factors, equal
stress needs to be put on utilization of the renewable energy sources for generating power in
the country. This requires substantial amount of scaling up of renewable energy systems, in
addition to conventional systems to cater to needs of different economic and social segments.
Hence this Bill.
NEW DELHI; RAJIV PRATAP RUDY
June 30, 2014.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69
FINANCIAL MEMORANDUM
Clause 2 of the Bill provides for creation of necessary infrastructure to harness solar
power and other sources of renewable energy to ensure electrification to rural households
by the year 2020. Clause 4 provides for preparation of a national policy aimed at encouraging
the use of renewable sources of energy to ensure electrification in rural and urban areas and
constitution of a Fund in this regard.
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 ten thousand crore per
annum.
A non-recurring expenditure of about rupees two thousand crore is also likely to be
involved.70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO.68 OF 2014
A Bill to provide for effective measures for the prevention of cruelty to cows
and for matters connected therewith.
WHEREAS cow is subjected to inhuman cruelty and atrocities resulting in law and order
problems and breach of peace, alarming depletion in its population, decline in its growth rate
and sharp reduction in cow-human ratio and consequent malnutrition, disease, disabledness,
poverty, unemployment and pollution of agricultural products and environment, it is expedient
in the interest of the nation to take effective steps to prevent cruelty to and killing of cows
and its progeny by an effective legislation to give effect to the provisions of the Directive
Principles of State Policy contained in articles 47, 48 and 48A of the Constitution.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
Short title, 1. (1) This Act may be called the Prevention of Cruelty to Cows Act, 2014.
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) "beef" means flesh of cow or its progeny in any form;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71
(b) "beef products" include extraction from beef;
(c) "cow" includes its progeny including bulls and bullocks;
(d) "export" means taking to a place outside India;
(e) "injury" means—
(i) torturing any cow so as to subject it to unnecessary pain or suffering or
causing or permitting any cow to be so treated;
(ii) abandoning any cow in such circumstances which render it likely that
it will suffer pain;
(iii) wilfully permitting any cow, by its owner to go at large in any street,
while the cow is affected with any contagious or infectious disease or without
reasonable excuse permit any diseased cow to die and includes killing of cow; and
(iv) practicing phooka or doom dev or injecting any substance in the body
of the cow for improving lactation.
(f) ‘‘killing’’ means killing by any method whatsoever and includes inflicting
physical injury which in ordinary course causes death; and
(g) "prescribed" means prescribed by rules made under this Act.
3. It shall be the duty of every person having the care or charge of any cow to take all Duty of
reasonable measures to ensure that the contravention of the provisions of this Act does not persons
take place. having
charges of
cows.
4. (1) Notwithstanding anything contained in any other law for the time being in force Killing or
or any usage or custom to the contrary, no person shall cause any injury or kill or attempt to causing injury
cause injury or kill for any purpose, whatsoever, any cow in any place to which this Act or cruelty to
cow
extends.
prohibited.
(2) Nothing in this section shall apply to,—
(a) the dehorning of cows; or
(b) the extermination and destruction of cows under the authority of any law for
the time being in force and in the manner prescribed thereunder.
5. No person shall export a cow for the purpose of killing it either directly or through Restriction on
his agent or servant or by any other person acting on his behalf. export of
cows.
6. Notwithstanding anything contained in any other law for the time being in force, no
Prohibition on
person shall possess or offer for sale or sell or transport beef or beef products in any form. sale of beef.
7. (1) Whoever kills or attempts to kill or abets the killing of cow shall be deemed to be Penalty.
guilty of committing an offence punishable with rigorous imprisonment for a term which may
extend to seven years but which shall not be less than two years and with fine which may
extend to fifty thousand rupees on each cow.
(2) Whoever causes or attempts to cause or abets in causing injury to, other than
killing of, cow shall be deemed to be guilty of committing an offence punishable with fine
which may extend to ten thousand rupees.
(3) Whoever contravenes or attempts to contravene or abets the contravention of the
provisions of section 5 or section 6 shall be deemed to be guilty of committing an offence
punishable with imprisonment for a term which may extend to five years and with fine which
may extend to fifty thousand rupees.
8. The Central Government shall establish a Research and Development Institute for Establishment
cow and its progeny. of Research
and
Development
Institute.72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Act to have 9. The provisions of this Act shall override the provisions of the Prevention of Cruetly
overriding to Animals Act, 1960 or any other law for the time being in force to the extent of inconsistency. 59 of 1960.
effect.
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 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 73
STATEMENT OF OBJECTS AND REASONS
Cow is subjected to inhuman cruelty resulting in decline in its growth rate and sharp
reduction in cow-human ratio. It is in the interest of the nation to take effective steps to
prevent cruelty to cows including killing of cows, which is the most extreme form of cruelty
and to punish the guilty. With the growing adoption of non-conventional energy sources
like bio-gas plants, even waste material have come to assume considerable value. After the
cattle cease to breed or are too old to do work, they still continue to give dung for fuel,
manure and bio-gas, and therefore, they cannot be termed as useless. It is well established
that the cow is the backbone of Indian agriculture.
Under article 48 of the Constitution, a duty has been cast upon the Government to
prohibit slaughter of cows and calves. Acting under this Directive Principle, the Union
Parliament has got the legislative competence to enact a law on the subject.
It is, therefore, proposed to enact a uniform central law, namely, the Prevention of
Cruelty to Cows Act, 2014 under entry 17 of the Concurrent List in the Seventh Schedule to
the Constitution.
The salient features of the Bill are—
(i) making it a duty of every person having the care or charge of any cow to
prevent any cruelty to it;
(ii) prohibition on killing or causing injuries to cows;
(iii) restriction on export of cows;
(iv) prohibition on sale or transport of beef or beef products; and
(v) penalties for contravention of the aforesaid provisions.
Hence this Bill.
NEW DELHI; SUNIL KUMAR SINGH
July 1, 2014.74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
FINANCIAL MEMORANDUM
Clause 8 of the Bill provides for the establishment of a Research and Development
Institute for Cow and its Progeny. The Bill, therefore, if enacted, would involve expenditure
from the Consolidated Fund of India. It is likely to involve a recurring expenditure to the tune
of rupees two hundred crore per annum.
A non-recurring expenditure to the tune of 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 power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75
BILL NO.70 OF 2014
A Bill to provide for constitution of a National Commission for Youth for their overall
development and for matters connected therewith.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. (1) This Act may be called the National Commission for Youth Act, 2014. Short title,
extent and
(2) It extends to the whole of India. commence-
ment.
(3) It shall come into force on such date as the Central Government may, by notification
in the official Gazette, appoint.76 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 National Commission for Youth constituted under
section 3;
(iii) "prescribed" means prescribed by rules made under this Act; and
(iv) "Youth" means person who has attained the age of eighteen years but is not
above the age of forty years.
National 3. (1) The Central Government shall, by notification in the Official Gazette, constitute
Commission a National Commission for Youth.
for Youth.
(2) The Commission shall consist of—
(i) a Chairperson having special knowledge in the field of youth affairs, to be
appointed by the Central Government; and
(ii) such number of other members having such qualification as may be
prescribed.
(3) The conditions of service, salaries and allowances of Chairperson and other members
of the Commission shall be such as may be prescribed.
Central 4. The Central Government shall make available such number of officers and staff
Government including experts to the Commission as may be required for its efficient functioning.
to provide
officers and
staff for the
Commission.
Functions of 5. The Commission shall—
the
Commission. (i) formulate a national policy for the overall development of youth in the country;
(ii) perform such functions in regard to formulation and implementation of
schemes for the welfare of youth as may be assigned to it by the appropriate
Government; and
(iii) undertake such other functions as may be assigned to it by the Central
Government.
Youth 6. (1) The Central Government shall constitute a Fund to be known as the Youth
Development Development Fund to implement the provisions of this Act.
Fund.
(2) The Central Government and the State Governments shall contribute to the Fund in
such ratio as may be prescribed.
Power to 7. (1) The Central Government may, by notification in the Official Gazette, make rules
make 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 77
STATEMENT OF OBJECTS AND REASONS
Even after six decades of independence, no clear-cut policy for the overall development
of youth has been formulated in our country so far. Today, youth of our country are facing
many problems. These include, problems relating to education, poverty, nutrition, self-
employment, vocational training, health, etc. There is no institutional mechanism to harness
their potential and channelise their energy for the betterment of the country. There is no
proper planning for comprehensive development of the youth. The plight of youth belonging
to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes is even worse.
Apart from all the problems mentioned above, youth belonging to these categories also have
to face social ostracisation.
We need to instill a sense of belonging among the youth by providing them all
opportunities for their all-round development so that they can contribute to the progress of
the country to their full potential. The facilities should be provided as a matter of right and
not as privilege. Employment should be guaranteed to the youth. The youth should be
linked directly with the production process. The disparities between the rural and urban
youth should be eliminated in a phased manner. Steps taken in this direction will not only
uplift the conditions of the youth but will also create a better society leading to a civilized
and strong nation. A comprehensive youth policy through the National Commission for
Youth, for their all-round development is, therefore, need of the hour.
The Bill seeks to achieve the above objectives.
NEW DELHI; SUNIL KUMAR SINGH
July 1, 2014.
————
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for constitution of a National Commission for Youth.
Clause 4 provides that the Central Government shall make available necessary officers and
staff for the efficient functioning of the Commission. Clause 6 provides for constitution of a
Youth Development Fund. 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 two hundred fifty crore will be involved.
A non-recurring expenditure of about rupees five hundred crore is also 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 matters of detail only, the delegation of
legislative power is of a normal character.78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO.71 OF 2014
A Bill to provide for uniform conditions of service for the non-teaching staff of the
Central Universities and for matters connected therewith.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
Short title and 1. (1) This Act may be called the Central Universities (Conditions of Service of Non-
commence- Teaching Staff) Act, 2014.
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) "non-teaching service or post" in relation to a Central University means any
service or post other than teaching;
(b) "prescribed" means prescribed by rules made under this Act; and
(c) "Central University" means a university established or incorporated by or
under an Act of Parliament.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79
3. (1) Notwithstanding anything contained in any other law for the time being in force, Conditions of
the conditions of service of a person who holds any non-teaching service or post in any service of
non-teaching
Central University for such period, as may be prescribed, shall be same as that of a person
staff of
holding comparable service or post in the Central Secretariat Service. Central
Universities.
(2) For the purpose of determining services or posts in Central Secretariat Service Constitution
which shall be comparable to non-teaching services or posts in Central Universities, the of Expert
Central Government shall appoint an Expert Committee headed by the Chairperson of the Committee.
University Grants Commission and consisting of such number of other members, as it may
deem fit.
Explanation.—For the purpose of sub-section (1), the expression 'conditions of service'
includes pay, allowances, leave, gratuity, pension, provident fund, medical benefits, insurance
and such other matters as may be specified by the Central Government, from time to time.
4. If any difficulty arises in giving effect to the provisions of this Act, the Government Power to
may, by order published in the Official Gazette, make such provisions, not inconsistent with remove
difficulty.
the provisions of this Act, as appear to it to be necessary or expedient for removing such
difficulty:
Provided that no such order shall be made after the expiration of two years from the
commencement of this Act.
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.80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
There are thousands of non-teaching staff employed in the universities. As far as the
teaching staff of the universities are concerned, the University Grants Commission has fixed
uniform pay and allowances for them through recommendations from time to time. But there
is no uniformity in the pay and allowances of non-teaching staff. This has resulted in variance
in the service conditions of similarly situated employees performing similar duties in different
universities. There is no protection for such non-teaching staff under any statute. They are
also entitled to same benefits of pay and allowances, etc. as are available to similarly placed
staff in the Central Government.
The non-teaching staff of the universities have been agitating for this cause for a long
time and it is, therefore, essential to regulate their service conditions in this regard.
Hence this Bill.
NEW DELHI; JAGDAMBIKA PAL
July 3, 2014.
————
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides that the non-teaching staff of Central Universities shall
have the same conditions of service as are admissible to the comparable staff of the Central
Secretariat Service. It also provides for the constitution of an expert committee for the purpose
of determining the posts of non-teaching staff in Central Universities which shall be
comparable to the posts in the Central Secretariat Service. 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 crore is likely to be
involved from the Consolidated Fund of India per annum.
It is also likely to involve a non-recurring expenditure of about rupees two crore per
annum.
————
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 5 of the Bill empowers the Central Government to make rules for carrying out
the provisions of the Bill. Since 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 81
BILL NO.82 OF 2014
A Bill to provide for the establishment of an autonomous Board for the overall
development of economically backward areas of the country.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. This Act may be called the Backward Areas Development Board Act, 2014. Short title.
2. (1) The Central Government shall, by notification in the Official Gazette, declare the Identification
areas of the country which in the opinion of the Central Government are economically of Backward
backward. areas.82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(2) Till such time the Central Government by notification declares, the following areas
shall be treated as backward areas:—
(i) Vidarbha region of the State of Maharashtra;
(ii) State of Telangana except the capital region of Hyderabad;
(iii) Southern districts of the State of Tamil Nadu;
(iv) Northern areas of the State of Bihar;
(v) Tribal areas of the States of Odisha, Madhya Pradesh and Chhattisgarh;
(vi) Hilly regions of the State of Uttar Pradesh;
(vii) State of Himachal Pradesh;
(viii) Hilly areas of the State of Uttarakhand;
(ix) North-eastern States; and
(x) Eastern part of the State of Uttar Pradesh.
Backward 3. (1) There shall be established by the Central Government, by notification in the
Areas Official Gazette, a Board to be called the Backward Areas Development Board.
Development
Board. (2) The Board 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 Board shall be at New Delhi and Board may, with the
previous approval of the Central Government, establish offices at other places in the country.
Composition 4. The Board shall consist of the following members, namely:—
of Board.
(a) a Chairperson, who shall be the Vice-Chairperson of the Planning Commission,
ex-officio;
(b) a Vice-Chairperson to be appointed by the Central Government;
(c) six Members of Parliament of whom four shall be from Lok Sabha and two
from Rajya Sabha to be elected by the Members of the respective Houses, who belong
to the backward areas, from amongst themselves;
(d) nine members to be appointed by the Central Government to represent
respectively:—
(i) the Planning Commission (other than the Chairperson of the Board);
(ii) the Ministry of the Central Government dealing with Agriculture;
(iii) the Ministry of the Central Government dealing with Industrial
Development;
(iv) the Ministry of the Central Government dealing with Finance;
(v) the Ministry of the Central Government dealing with Railways;
(vi) the Ministry of Central Government dealing with Communications and
Information Technology;
(vii) the Ministry of Central Government dealing with Education;
(viii) the Ministry of Central Government dealing with Health and Family
Welfare; and
(ix) the Ministry of Central Government dealing with Irrigation.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83
(e) not more than five members to be appointed by the Central Government, by
rotation in alphabetical order, to represent the Government of the States having the
backward areas; and
(f) four members to be appointed by the Central Government, who, in the opinion
of that Government, are experts in various fields of economic development.
5. (1) It shall be the duty of the Board to promote, by such measures as it thinks fit, the Development
all-around development of the backward areas of the country. of Backward
Areas.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Board
shall take measures for the development, particularly, of railways, roads, posts and telegraphs
and other means of communications, agriculture and irrigation, industries, banking, drinking
water and water power, forests, live-stock, health and family welfare, education, vocational
training and tourism in the backward areas of the country.
(3) the Central Government shall set up such industries in the backward areas as it may
determine.
6. The Central Government shall provide from time to time, afte due appropriation made Appropriation
by Parliament by law in this behalf, adequate funds for— of fund.
(a) development works undertaken by the Board; and
(b) administrative expenses of the Board.
7. The Board shall have a fund to be called the Development Fund to which shall be Development
credited all receipts from the Central Government for the purposes of development of the fund.
backward areas and all payments by the Board towards development expenditure shall be
made therefrom.
8. The Board shall also have a fund to be called the Administration Fund to which shall Administration
be credited all receipts from the Central Government for the purposes of administration of the Fund.
Board and all administrative expenses shall be met therefrom.
9. The Vice-Chairperson of the Board shall be entitled to such salary and Allowances Salary of Vice-
as may be prescribed by the Central Government. Chairperson.
10. The Central Government shall appoint a Secretary to the Board to exercise such Secretary to
powers and perform such duties as may be delegated to him by the Chairperson and the Vice- the Board.
Chairperson.
11. The Board may appoint such officers and employees as may be necessary for the Appointment
efficient performance of its functions. of officers and
staff.
12. (1) The Board shall submit every year a report, in such form as may be prescribed, Annual
of its development activities in the backward areas to the Prime Minister. Report.
(2) The Prime Minister shall cause the report to be laid before each House of Parliament
as soon as may be after receipt of the report.
13. (1) The Central Government may, by notification in the Official Gazette, make rules Powers 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 thirty days as 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 made without prejudice to the validity of anything
previously done under the rule.84 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
The need for reducing and removing economic disparities between different regions of
the country was recognised as soon as the nation launched the programme of planned
economic development. Accelerated development of backward areas, with a view to reduce
regional disparities, was one of the important national objectives. But, even after sixty-six
years of independence, the economic disparities among regions have not only persisted but
have also increased. Required attention has not been paid to develop the backward areas.
For the development of the backward areas of the country and to bring them up in a
short time to the level of the rest of the country, the strategy should be to evolve a fully
integrated development programme for identified backward areas to ensure their all-round
progress. For drought-prone areas which have a predominance of small and marginal farmers,
area based programmes which envisage a flow of the necessary inputs in the form of a
package to enable accelerated economic development should be implemented. In addition, a
programme of giving incentives to enable accelerated industrialization of identified backward
areas should be implemented. It should be ensured that infrastructural facilities like power,
water supply and transport are steadily developed and made available to areas which are at
present lagging behind industrially or where there is a greater need for providing opportunities
for employment. In order to achieve these objectives, an autonomous body, though under
the overall control of the Central Government, should be established which would be
responsible for planning and implementation of area based package programmes in
coordination with the Planning Commission and the State Governments.
The Bill seeks to achieve the above objective.
NEW DELHI; JAGDAMBIKA PAL
July 3, 2014.
PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117(3)
OF THE CONSTITUTION
————
[Copy of letter No. H-11016/7/2014-MLP dated 17 July, 2014 from Shri Rao Inderjit
Singh, Minister of State for the Ministry of Planning, Statistics and Programme Implementation
and Minister of State in the Ministry of Defence to the Secretary-General, Lok Sabha].
The President, having been informed of the subject matter of the Backward Areas
Development Board Bill, 2014 by Shri Jagdambika Pal, Member of Parliament, has recommended
the consideration of the Bill by Lok Sabha under article 117(3) of the Constitution.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the establishment of the Backward Areas Development
Board. Clause 4 provides for appointment of Vice-Chairperson and four members who are
experts in various fields of economic development, among others. Clause 9 provides for
payment of salary to Vice-Chairperson. Clauses 10 and 11 provides for appointment of a
Secretary to the Board and other necessary staff for performance of the functions of the
Board. The Bill, therefore, if enacted, is likely to involve a recurring expenditure of about
rupees fifteen lakh from the Consolidated Fund of India on account of administrative
expenses. So far as the development expenditure (Clause 6) is concerned, that will form part
of the annual expenditure on development plans of the country as a whole, and the
development funds shall be made available to the Board after due appropriation by Parliament.
An estimate of such expenditure is not possible at this state. However, a recurring expenditure
of about rupees ten thousand crore would be involved.
A non-recurring expenditure of about rupees fifty crore is also likely to be incurred.
————
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 provide for matters of detail only, the delegation of
legislative power is of a normal character.86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO.79 OF 2014
A Bill to provide for the constitution of a Regulatory Authority for regulation of
Pre-Examination Coaching Centres and for matters connected therewith.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as
follows:—
Short title, 1. (1) This Act may be called the Pre-Examination Coaching Centres Regulatory
extent and Authority Act, 2014.
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) 'Authority' means Pre-Examination Coaching Centres Regulatory Authority
constituted under section 3;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87
(b) 'pre-examination coaching centre' means an institute or establishment where
any coaching is imparted for admission into any professional course including medical
or engineering education or for appearing in any examination conducted by any
Government or private establishment for the purpose of securing employment; and
(c) 'prescribed' means prescribed by rules made under this Act.
3. (1) The Central Government shall constitute a Pre-Examination Coaching Centres Pre-
Regulatory Authority for the purpose of regulating and controlling pre-examination coaching Examination
Coaching
centres, in such manner as may be prescribed.
Centres
(2) The Central Government shall appoint such number of officers and staff as it Regulatory
Authority.
considers necessary for the efficient functioning of the Authority.
(3) The headquarter of the Authority shall be situated at New Delhi.
(4) The Authority shall have its offices in every State/Union territory.
4. The Authority shall perform the following functions,— Functions of
the Authority.
(i) conferring recognition to pre-examination coaching centres imparting coaching
for various competitive examinations;
(ii) prescribing fees to be charged from students for pre-examination coaching
being imparted at the coaching centres;
(iii) fixing minimum number of classroom lectures for various courses being
offered at the coaching centres;
(iv) laying down minimum qualifications for the teachers to be employed in the
coaching centres;
(v) prescribing penalties against such coaching centres which are not following
the provisions of this Act; and
(vi) any other work relating to regulation of coaching centres as may be assigned
to it by the Central Government from time to time.
5. (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.88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
The number of private institutions conducting pre-examination coaching is increasing
at an alarming rate throughout the country. These coaching centres claim to be shaping the
future of the youth of this country. Some of these coaching centres make false claims in order
to attract maximum number of students and get huge amount from them as fees without
providing proper coaching to them, thereby endangering their future. Therefore, there is an
urgent need to enact a legislation to regulate the functioning of such coaching centres in the
country.
Hence this Bill.
NEW DELHI; JAGDAMBIKA PAL
July 3, 2014.
————
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the constitution of a Pre-examination Coaching Centres
Regulatory Authority. The Bill, therefore, if enacted, is likely to involve expenditure from
Consolidated Fund of India. It is estimated that a recurring expenditure of rupees one hundred
crore is likely to be involved per annum.
A non-recurring expenditure of rupees fifty crore is also 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 of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89
BILL NO.80 OF 2014
A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as
follows:—
1. This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Short title.
Act, 2014.
C.O. 22 2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Amendment
of the
PART III.—Bihar,— Schedule.
(i) the existing entry 1 shall be re-numbered as entry 1A, and before entry 1A as
so re-numbered, the following entry shall be inserted, namely:—
"1. Amaat";
(ii) after entry 5, the following entries shall be inserted, namely:—
"5A. Beend
5B. Beldar";90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(iii) after entry 10, the following entries shall be inserted, namely:—
"10A. Dhanuk
10B. Gangaut";
(iv) after entry 12, the following entry shall be inserted, namely:—
"12A. Gorhi";
(v) after entry 13, the following entry shall be inserted, namely:—
"13A. Kahar";
(vi) after entry 14, the following entry shall be inserted, namely:—
"14A. Kewat";
(vii) after entry 22, the following entry shall be inserted, namely:—
"22A. Mallah";
(viii) after entry 24, the following entry shall be inserted, namely:—
"24A. Nunia";
(ix) after entry 33, the following entry shall be inserted, namely:—
"34. Turha".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91
STATEMENT OF OBJECTS AND REASONS
In pursuance of article 342 of the Constitution, the list of Scheduled Tribes of various
States was first notified in 1950 and since then the list has been modified from time to time.
However, there are still certain tribes, namely, Amaat, Beend, Beldar, Dhanuk, Kahar, Gangaut,
Gorhi, Kewat, Mallah, Nunia and Turha in the State of Bihar which have not yet been
included in the list of Scheduled Tribes, in respect of that State. The people belonging to
these tribes are still socially, educationally and economically backward and are leading a
miserable life even after decades of planned development. These communities fulfill all the
criteria for being included as a tribe in the Constitution (Scheduled Tribes) Order, 1950.
Moreover, they have also been demanding such a status for a long time. Therefore, conferring
the status of Scheduled Tribe to these communities is necessary to secure justice for them.
The Bill seeks to achieve the above objective by amending the list of Scheduled Tribes
in respect of the State of Bihar.
Hence this Bill.
NEW DELHI; JAI PRAKASH NARAYAN YADAV
July 4, 2014.
————
FINANCIAL MEMORANDUM
The Bill seeks to include certain tribes in the list of Scheduled Tribes in respect of the
State of Bihar because of their social, educational and economic backwardness. The Bill,
therefore, if enacted, would involve recurring and non-recurring expenditure on account of
benefits to be provided to the persons belonging to these communities under continuing
schemes meant for development of the Scheduled Tribes from the Consolidated Fund of
India. At this stage, it is not possible to give the exact amount to be incurred on this account.
However, it is estimated that a sum of approximately rupees one hundred crore would be
involved as a recurring expenditure per annum.
A non-recurring expenditure of about rupees fifty crore is also likely to be involved.92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
BILL NO.75 OF 2014
A Bill further to amend the Constitution (Scheduled Castes) Order, 1950.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
Short title. 1. This Act may be called the Constitution (Scheduled Castes) Order (Amendment)
Act, 2014.
Amendment 2. In the Schedule to the Constitution (Scheduled Castes) Order, 1950, in PART III.— C.O. 19.
of the Bihar,—
Schedule.
(i) after entry 8, the following entry shall be inserted,—
“8A. Dhanuk”;
(ii) after entry 14, the following entry shall be inserted,—
“14A. Kahar”;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93
(iii) after entry 15, the following entries shall be inserted,—
“15A. Kewat
15B. Kumhar”;
(iv) after entry 17, the following entry shall be inserted,—
“17A. Mallah”;
(v) after entry 19, the following entry shall be inserted,—
“19A. Nunia”;
(vi) after entry 22, the following entries shall be inserted,—
“22A. Tatma
22B. Turha”.94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
In pursuance of article 341 of the Constitution, the list of Scheduled Castes of various
State was first notified in 1950 and since then the list has been modified from time to time.
However, there are still certain castes, namely, Dhanuk, Kahar, Kewat, Kumhar, Mallah,
Nunia, Tatma and Turha in the State of Bihar which have not yet been included in the list of
Scheduled Castes, in respect of that State. The people belonging to these castes are still
socially, educationally and economically backward and are leading a miserable life even after
decades of planned development. Therefore, conferring the status of Scheduled Caste to
these communities is necessary to secure justice for them.
The Bill seeks to achieve the above objective by amending the list of Scheduled
Castes in respect of the State of Bihar.
Hence this Bill.
NEW DELHI; JAI PRAKASH NARAYAN YADAV
July 4, 2014.
————
FINANCIAL MEMORANDUM
The Bill seeks to include certain castes in the list of Scheduled Castes in respect of the
State of Bihar because of their social, educational and economic backwardness. The Bill,
therefore, if enacted, would involve additional recurring and non-recurring expenditure on
account of benefits to be provided to the persons belonging to these communities under
continuing schemes meant for development of the Scheduled Castes from the Consolidated
Fund of India. At this Stage, it is not possible to give the exact amount to be incurred on this
account. However, it is estimated that a sum of approximately rupees one hundred crore
would be involved as a recurring expenditure per annum.
A non-recurring expenditure of about rupees fifty crore is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95
BILL NO. 67 OF 2014
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. This Act may be called the Constitution (Amendment) Act, 2014. Short title.
2. Article 243A of the Constitution shall be re-numbered as clause (1) of that article Amendment
and, after clause (1) as so re-numbered, the following clauses shall be inserted, namely:— of article
243A.
‘‘(2) Subject to the provisions of this Part, a Gram Sabha shall meet at least four
times in a year at such time and place as it may determine but three months shall not
intervene between its two consecutive sittings.
(3) Every Gram Sabha shall endeavour to disseminate as much information,
suo-motu, about the schemes and programmes introduced by the Government to be
implemented through the agency of Gram Sabha, among the people within its jurisdiction
at regular intervals, so that people can effectively monitor the functioning of Gram
Sabha.".96 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
There is a provision in our Constitution for sittings of Parliament and State Assemblies
at regular intervals. But no similar provision has been made for sittings of Gram Sabha. Gram
Sabhas are grass root level democratic institutions which are working for the welfare of the
people living in rural areas. People in rural areas are largely ignorant about the schemes being
implemented by the Government and they do not have any mechanism to monitor the
functioning of Gram Sabha. Unless a provision is made in the Constitution itself for holding
regular sittings of Gram Sabha, the very purpose of delegation of powers to local self
government institutions will be defeated and the democracy at the grass root level will be
difficult to sustain. Therefore, it is proposed to make it mandatory on the part of Gram Sabhas
to hold their sittings at regular intervals across the country.
Hence this Bill.
NEW DELHI; SHAILESH KUMAR (BULO MANDAL)
July 4, 2014.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97
BILL NO. 81 OF 2014
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-fifth year of the Republic of India as follows:—
1. This Act may be called the Constitution (Amendment) Act, 2014. Short title.
2. In article 171 of the Constitution,— Amendment
of article 171.
(i) in clause (3), in sub-clause (c), the words "not lower in standard than that of
a secondary school," shall be omitted; and
(ii) after clause (3), the following clause shall be inserted, namely:—
"(3A). Any law made by Parliament under sub-clause (c), before the coming
into force of the Constitution (Amendment) Act, 2014 shall, to the extent that
such law bars educational institutions lower in standard than that of a secondary
school, be void."98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
STATEMENT OF OBJECTS AND REASONS
Legislative Councils exist in the States of Andhra Pradesh, Bihar, Uttar Pradesh,
Maharashtra, Karnataka and Jammu and Kashmir. According to article 171 of the Constitution,
teachers of higher secondary schools and colleges only are eligible to vote in elections to
the Legislative Councils of those States. It is ironical that the teachers of primary schools
have been denied this privilege inspite of the fact that the number of primary schools in the
country is very large and the number of teachers in such schools is also equally large.
Moreover, the teachers of primary schools play a crucial role in moulding the future of the
country by instilling good values in children. When our Constitution was being drafted, the
number of Government primary schools were very few in number. That may be the reason for
non-inclusion of teachers of primary schools as electors of Legislative Councils.
Therefore, the Bill seeks to amend the Constitution with a view to enable a large
number of primary school teachers to vote in elections to Legislative Councils alongwith the
teachers of higher secondary schools and colleges in order to give them a voice in elections
to Legislative Councils. The demand for the same is going on for a long time and it is high
time that such a legislation is brought forth.
Hence this Bill.
NEW DELHI; SHAILESH KUMAR (BULO MANDAL)
July 4, 2014.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 99
BILL NO. 72 OF 2014
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—
1. This Act may be called the Constitution (Amendment) Act, 2014. Short title.
2. In article 39 of the Constitution, after clause (a), the following clauses shall be Amendment
inserted, namely:— of article 39.
"(aa) that every citizen has the right to have access to safe drinking water;
(ab) that every citizen has the right to have access to sanitation services;".100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC.2]
STATEMENT OF OBJECTS AND REASONS
Drinking water and sanitation are basic necessities for sustaining life. The Right
to life enshrined in article 21 of the Constitution is meaningless unless a citizen has the
right to access to clean and safe drinking water and sanitation services. In the year
2010, the UN General Assembly and the Human Rights Council recognized provisions
of safe drinking water and sanitation as human rights. The right to safe drinking water
and sanitation services should be treated as two distinct human rights and recognized
as human rights of every citizen so that every citizen is able to maintain a decent
standard of living.
The Bill, therefore, seeks to amend the Constitution with a view to make it a duty
of the State to recognise and secure rights to have access to safe drinking water and
sanitation services to every citizen of the country.
NEW DELHI; P.P. CHAUDHARY
July 7, 2014.
PRINTED BY DIRECTORATE OF PRINTING AT GOVT. OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014.
GMGIPMRND—2162GI(S3)—27.08.2014.