Bills were introduced in Lok Sabha on 9th December, 2019

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19 REGISTERED NO. DL—(N)04/0007/2003—19 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 47] ubZ fnYyh] lkseokj] fnlEcj 09] 2019@vxzgk;.k 18] 1941 ¼'kd½ No. 47] NEW DELHI, MONDAY, DECEMBER 09, 2019/AGRAHAYANA 18, 1941 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. LOK SABHA ———— The following Bills were introduced in Lok Sabha on 9th December, 2019:— BILL NO. 371OF 2019 A Bill to further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (One Hundred and Twenty-sixth Short title and Amendment) Act, 2019. commencement. (2) It shall come into force on the 25th day of January, 2020. 2. In article 334 of the Constitution,— Amendment of article 334. (a) for the marginal heading, the following marginal heading shall be substituted, namely:— “Reservation of seats and special representation to cease after certain period”; (b) in the long line, after clauses (a) and (b), for the words "seventy years", the words "eighty years in respect of clause (a) and seventy years in respect of clause (b)" shall be substituted.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Article 334 of the Constitution lays down that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castes and the Scheduled Tribes and the representation of the Anglo-Indian community by nomination in the House of the People and Legislative Assemblies of the States shall cease to have effect on the expiration of the period of 70 years from the commencement of the Constitution. In other words, these provisions will cease to have effect on the 25th January, 2020, if not extended further. 2. Although the Scheduled Castes and the Scheduled Tribes have made considerable progress in the last 70 years, the reasons which weighed with the Constituent Assembly in making provisions with regard to the aforesaid reservation of seats have not yet ceased to exist. Therefore, with a view to retaining the inclusive character as envisioned by the founding fathers of the Constitution, it is proposed to continue the reservation of seats for the Scheduled Castes and the Scheduled Tribes for another ten years i.e. up to 25th January, 2030. 3. The Bill seeks to achieve the above objects. NEW DELHI; RAVI SHANKAR PRASAD. The 4th December, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 BILL NO. 370 OF 2019 A Bill further to amend the Citizenship Act, 1955. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Citizenship (Amendment) Act, 2019. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 2. In the Citizenship Act, 1955 (hereinafter referred to as the principal Act), in section 2, 57 of 1955. of section 2. in sub-section (1), in clause (b), the following proviso shall be inserted, namely:— "Provided that any person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community from Afghanistan, Bangladesh or Pakistan, who entered into India on or before the 31st day of December, 2014 and who has been exempted by the Central Government by or under clause (c) of sub-section (2) of section 3 of the Passport (Entry into India) Act, 1920 or from the application of the provisions of the 34 of 1920. Foreigners Act, 1946 or any rule or order made thereunder, shall not be treated as 31 of 1946. illegal migrant for the purposes of this Act;". Insertion of 3. After section 6A of the principal Act, the following section shall be inserted, new section 6B. namely:— Special '6B. (1) The Central Government or an authority specified by it in this behalf provisions as may, subject to such conditions, restrictions and manner as may be prescribed, on an to citizenship application made in this behalf, grant a certificate of registration or certificate of of person covered by naturalisation to a person referred to in the proviso to clause (b) of sub-section (1) of proviso to section 2. clause (b) of (2) Subject to fulfilment of the conditions specified in section 5 or the sub-section (1) of section 2. qualifications for naturalisation under the provisions of the Third Schedule, a person granted the certificate of registration or certificate of naturalisation under sub-section (1) shall be deemed to be a citizen of India from the date of his entry into India. (3) On and from the date of commencement of the Citizenship (Amendment) Act, 2019, any proceeding pending against a person under this section in respect of illegal migration or citizenship shall stand abated on conferment of citizenship to him: Provided that such person shall not be disqualified for making application for citizenship under this section on the ground that the proceeding is pending against him and the Central Government or authority specified by it in this behalf shall not reject his application on that ground if he is otherwise found qualified for grant of citizenship under this section: Provided further that the person who makes the application for citizenship under this section shall not be deprived of his rights and privileges to which he was entitled on the date of receipt of his application on the ground of making such application. (4) Nothing in this section shall apply to tribal area of Assam, Meghalaya, Mizoram or Tripura as included in the Sixth Schedule to the Constitution and the area covered under "The Inner Line" notified under the Bengal Eastern Frontier Regulation, 1873.'. Reg. 5 of 1873. Amendment 4. In section 7D of the principal Act,— of section 7D. (i) after clause (d), the following clause shall be inserted, namely:— "(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of any other law for time being in force as may be specified by the Central Government in the notification published in the Official Gazette; or". (ii) after clause (f), the following proviso shall be inserted, namely:— "Provided that no order under this section shall be passed unless the Overseas Citizen of India Cardholder has been given a reasonable opportunity of being heard.". Amendment 5. In section 18 of the principal Act, in sub-section (2), after clause (ee), the following of section 18. clause shall be inserted, namely:— "(eei) the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B;".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 6. In the Third Schedule to the principal Act, in clause (d), the following proviso shall Amendment be inserted, namely:— of Third Schedule. 'Provided that for the person belonging to Hindu, Sikh, Buddhist, Jain, Parsi or Christian community in Afghanistan, Bangladesh or Pakistan, the aggregate period of residence or service of Government in India as required under this clause shall be read as "not less than five years" in place of "not less than eleven years".'.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Citizenship Act, 1955 (57 of 1955) was enacted to provide for the acquisition and determination of Indian citizenship. 2. It is a historical fact that trans-border migration of population has been happening continuously between the territories of India and the areas presently comprised in Pakistan, Afghanistan and Bangladesh. Millions of citizens of undivided India belonging to various faiths were staying in the said areas of Pakistan and Bangladesh when India was partitioned in 1947. The constitutions of Pakistan, Afghanistan and Bangladesh provide for a specific state religion. As a result, many persons belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities have faced persecution on grounds of religion in those countries. Some of them also have fears about such persecution in their day-to-day life where right to practice, profess and propagate their religion has been obstructed and restricted. Many such persons have fled to India to seek shelter and continued to stay in India even if their travel documents have expired or they have incomplete or no documents. 3. Under the existing provisions of the Act, migrants from Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Pakistan or Bangladesh who entered into India without valid travel documents or if the validity of their documents has expired are regarded as illegal migrants and ineligible to apply for Indian citizenship under section 5 or section 6 of the Act. 4. The Central Government exempted the said migrants from the adverse penal consequences of the Passport (Entry into India) Act, 1920 and the Foreigners Act, 1946 and rules or orders made thereunder vide notifications, dated 07.09.2015 and dated 18.07.2016. Subsequently, the Central Government also made them eligible for long term visa to stay in India, vide, orders dated 08.01.2016 and 14.09.2016. Now, it is proposed to make the said migrants eligible for Indian Citizenship. 5. The illegal migrants who have entered into India up to the cut of date of 31.12.2014 need a special regime to govern their citizenship matters. For this purpose the Central Government or an authority specified by it, shall grant the certificate of registration or certificate of naturalisation subject to such conditions, restrictions and manner as may be prescribed. Since many of them have entered into India long back, they may be given the citizenship of India from the date of their entry in India if they fulfil conditions for Indian citizenship specified in section 5 or the qualifications for the naturalisation under the provisions of the Third Schedule to the Act. 6. The Bill further seeks to grant immunity to the migrant of the aforesaid Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities so that any proceedings against them in respect of their status of migration or citizenship does not bar them from applying for Indian citizenship. The competent authority, to be prescribed under the Act, shall not take into account any proceedings initiated against such persons regarding their status as illegal migrant or their citizenship matter while considering their application under section 5 or section 6 of the Act, if they fulfil all the conditions for grant of citizenship. 7. Many persons of Indian origin including persons belonging to the said minority communities from the aforesaid countries have been applying for citizenship under section 5 of the Citizenship Act, 1955 but they are unable to produce proof of their Indian origin. Hence, they are forced to apply for citizenship by naturalisation under section 6 of the said Act, which, inter alia, prescribe twelve years residency as a qualification for naturalisation in terms of the Third Schedule to the Act. This denies them many opportunities and advantages that may accrue only to the citizens of India, even though they are likely to stay in India permanently. Therefore, it is proposed to amend the Third Schedule to the Act to make applicants belonging to the said communities from the aforesaid countries eligible for citizenship by naturalisation if they can establish their residency in India for five years instead of the existing eleven years.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 8. Presently, there is no specific provision in section 7D of the Act to cancel the registration of Overseas Citizen of India Cardholder who violates any provisions of the Act or any other law for the time being in force. It is also proposed to amend the said section 7D so as to empower the Central Government to cancel registration as Overseas Citizen of India Cardholder in case of violation of any provisions of the Act or any other law for the time being in force. 9. Since there is no specific provision in the Act at present to provide an opportunity of being heard to the Overseas Citizen of India Cardholder before cancellation of the Overseas Citizen of India Card under section 7D, it is proposed to provide the opportunity of being heard to the Overseas Citizen of India Cardholder before the cancellation of the Overseas Citizen of India Card. 10. The Bill further seeks to protect the constitutional guarantee given to indigenous populations of North Eastern States covered under the Sixth Schedule to the Constitution and the statutory protection given to areas covered under "The Inner Line" system of the Bengal Eastern Frontier Regulation, 1873. 11. The Bill seeks to achieve the above objectives. NEW DELHI; AMIT SHAH. The 4th December, 2019.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 5 of the Bill seeks to insert a new clause (eei) in sub-section (2) of section 18 of the Citizenship Act, 1955 so as to empower the Central Government to make rules to provide the conditions, restrictions and manner for granting certificate of registration or certificate of naturalisation under sub-section (1) of section 6B of the said Act. 2. The matters in respect of which the aforementioned rules may be made are matters of procedure and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 BILL NO. 369-C OF 2019 A Bill to make special provisions for repression of piracy on high seas and to provide for punishment for the offence of piracy and for matters connected therewith or incidental thereto. WHEREAS India is a party to the United Nations Convention on the Law of the Sea adopted by the United Nations on the 10th December, 1982 and has ratified the same on the 29th June, 1995; AND WHEREAS the aforesaid Convention, among other things, states that all States shall co-operate to the fullest possible extent in the repression of piracy on high seas or any other place outside the jurisdiction of any State; AND WHEREAS it is considered necessary to implement the provisions relating to piracy contained in the aforesaid Convention. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Anti-Maritime Piracy Act, 2019. Short title, commencement and application.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (3) The provisions of this Act shall apply to all parts of the sea adjacent to and beyond the limits of Exclusive Economic Zone of India. Definitions. 2. (1) In this Act, unless the context otherwise requires,— (a) "Code" means the Code of Criminal Procedure, 1973; 2 of 1974. (b) "Convention" means the United Nations Convention on the Law of the Sea, 1982; (c) "Convention State" means a State party to the United Nations Convention on the Law of the Sea, 1982; (d) "Designated Court" means a Court of Session specified as such under section 8; (e) "notification" means a notification published in the Official Gazette; (f) "piracy" means— (i) any illegal act of violence or detention or any act of depredation committed for private ends by the crew or any passenger of private ship or a private aircraft and directed— (A) on the high seas against another ship or aircraft or against person or property on board such ship or aircraft; (B) against a ship, aircraft, person or property in a place outside the jurisdiction of India; (ii) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts, making it a pirate ship or aircraft; (iii) any act of inciting or of intentionally facilitating an act described in sub-clause (i) or sub-clause (ii); or (iv) any act which is deemed piratical under the international law including customary international law; (g) "pirate ship or aircraft" means a ship or aircraft which— (i) is intended by the person in dominant control to be used for the purposes of committing any of the acts referred to in sub-clauses (i) to (iv) of clause (f); or (ii) has been used to commit any such act, referred to in sub-clause (i) of this clause, so long as it remains under the control of the person guilty of that act; (h) "stateless person" means a person who is not considered as a national by any country by virtue of its laws. (2) The words and expressions used in this Act and not defined but defined in the Indian Penal Code, the Code or the Territorial Waters, Continental Shelf, Exclusive Economic 45 of 1860. Zone and Other Maritime Zones Act, 1976, shall have the meanings respectively assigned to 80 of 1976. them in such Code or the Act. (3) Any reference in this Act to a law which is not in force in any area, shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 3. Whoever commits any act of piracy, shall be punished— Punishment for piracy. (i) with imprisonment for life; or (ii) with death, if such person in committing the act of piracy causes death or an attempt thereof, and in addition shall also be subject to restitution or forfeiture of property involved in the commission of such offence. 4. Whoever attempts to commit the offence of piracy or aids or abets or counsels or Punishment procures for the commission of such offence shall be punished with imprisonment for a term for attempt to commit which may extend to fourteen years and shall also be liable to fine. piracy, etc. 5. Whoever participates or organises or directs other person to participate in an act of Punishment piracy shall be punished with imprisonment for a term which may extend to fourteen years for organising, and shall also be liable to fine. directing others to participate in an act of piracy. 6. Notwithstanding anything contained in the Code, the Central Government may, for Conferment the purposes of this Act, by notification, confer the powers of arrest, investigation and of power of arrest, prosecution of any person exercisable by a police officer under the Code on any of its investigation, Gazetted officer or such officer of a State Government. etc. 7. (1) On the high seas, or in any other place outside the jurisdiction of India, a pirate Arrest and ship or aircraft, or any ship or aircraft taken for piracy and under the control of pirates may be seizure of property. seized and the persons on board may be arrested and the property on board may be liable to be seized. (2) A seizure on account of piracy under sub-section (1) may be carried out only by warships or military aircraft of the Indian Navy or the ships or aircraft of the Indian Coast Guard or other ships or aircraft clearly marked and identifiable as being on Government service and authorised for such purpose. 8. For the purposes of providing speedy trial of offences under this Act, the Central Designated Government shall, after consulting the Chief Justice of the concerned High Court, by Court. notification, specify— (i) one or more Courts of Sessions in a State, to be the Designated Court for the purposes of this Act; and (ii) the territorial jurisdiction of each such court. 9. (1) The Designated Court shall have jurisdiction to try an offence punishable under Jurisdiction of this Act where such offence is committed— Designated Court. (i) by a person who is apprehended by, or is in the custody of, the Indian Navy or the Indian Coast Guard, regardless of the nationality or citizenship of such person; (ii) by a person who is a citizen of India or a resident foreign national in India or any stateless person: Provided that where such offence is committed on board a foreign flagship, such court shall not have jurisdiction to try such offence unless the law enforcement agency or the public authority of the port or place, where the ship is located, has been requested to intervene by the concerned State whose flag the ship is entitled to fly or by the owner of the ship or its master or any other person on board the ship: Provided further that nothing in this sub-section shall apply to a warship or its auxiliary ship or a Government owned ship employed for non-commercial service and12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— is under the control of Government authorities at the time of commission of the offence of piracy. (2) Notwithstanding anything contained in any other law for the time being in force, the Designated Court shall have the jurisdiction to try a proclaimed offender in absentia. Trial of 10. (1) Notwithstanding anything contained in the Code,— offences by Designated (a) all offences under this Act shall be tried by the Designated Court notified as Court. such under sub-section (1) of section 8; (b) where a person accused of, or suspected of, the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code, such Magistrate may authorise the detention of such person in such custody, as he thinks fit, for a period not exceeding fifteen days in the whole, where such Magistrate is a Judicial Magistrate, and seven days in the whole where such Magistrate is an Executive Magistrate: Provided that where such Magistrate considers— (i) at the time when such person is forwarded to him under this sub-section; or (ii) at any time before the expiry of the period of detention authorised by him, that the detention of such person is not necessary, he shall order such person to be forwarded to the Designated Court having jurisdiction. (2) The Designated Court may exercise, in relation to the person forwarded to him under clause (b) of sub-section (1), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code, in relation to an accused person in such case who has been forwarded to him under that section. (3) A Designated Court may, upon a perusal of a complaint made by an officer of the Central Government or the State Government, as the case may be, authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial. (4) While trying an offence under this Act, a Designated Court may also try an offence under any other law, other than an offence under this Act, with which the accused may be charged at the same trial under the Code. (5) Notwithstanding anything contained in the Code, a Designated Court shall, as far as practicable, hold the trial on a day-to-day basis. Presumption. 11. Where a person is accused of having committed an offence punishable under this Act and, if,— (a) the arms, ammunitions, explosives and other equipments are recovered from the possession of the accused, and there are reasonable grounds to believe that such arms, ammunitions, explosives or other equipments of similar nature were used or intended to be used in the commission of the offence; (b) there is evidence of use of force, threat of force or any other form of intimidation caused to the crew or passengers of the ship in connection with the commission of the offence; or (c) there is evidence of an intended threat of using bombs, arms, firearms, explosives or committing any form of violence against the crew, passengers or cargo of a ship,SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 then, the Designated Court shall presume, unless the contrary is proved, that the accused person had committed such offence. 12. (1) Notwithstanding anything contained in the Code, no person accused of an Provisions as offence punishable under this Act shall, if in custody, be released on bail or on his own bond to bail. unless— (a) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding grant of bail under section 439 of the Code. 13. Save as otherwise provided in this Act, the provisions of the Code shall apply to Application the proceedings before a Designated Court and the person conducting a prosecution before of Code in a Designated Court shall be deemed to be a Public Prosecutor appointed under the said proceedings before Code. Designated Court. 14. (1) The offences under this Act shall be deemed to have been included as extraditable Provision as offences and provided for in all extradition treaties made by India with Convention State and to extradition. which extend to and are binding on India on the date of commencement of this Act. (2) In the absence of a bilateral extradition treaty, the offences under this Act shall be extraditable offences between India and other Convention State on the basis of reciprocity. (3) For the purposes of application of the provisions of the Extradition Act, 1962 to the 34 of 1962. offences under this Act, any ship registered in a Convention State shall, at any time while that ship is plying, be deemed to be within the jurisdiction of that Convention State whether or not it is for the time being also within the jurisdiction of any other State. 15. (1) No suit, prosecution or other legal proceedings shall lie against any person for Protection of anything which is in good faith done or intended to be done in pursuance of the provisions action taken in good faith. of this Act. (2) No suit or other legal proceeding shall lie against the Central Government for any damage caused or likely to be caused for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 2] STATEMENT OF OBJECTS AND REASONS In today's times, the menace of piracy is growing. The Gulf of Aden, which separates Somalia and Yemen and connects the Arabian Sea to the Red Sea and through the Suez Canal to the Mediterranean Sea, has seen a major spurt in attacks by pirates operating from Somalia since 2008. This route is used by about 2000 ships each month for trade between Asia and Europe and East coast of Africa. With the enhanced naval presence in the Gulf of Aden, pirates shifted their area of operations eastwards and southwards. This led to a flurry of piracy incidents towards the western coast of India as well. 2. India does not have a separate domestic legislation on piracy. The provisions of the Indian Penal Code pertaining to armed robbery and the Admiralty jurisdiction of certain courts have been invoked in the past to prosecute pirates apprehended by the Indian Navy and the Coast Guard but in the absence of any specific law relating to the offence of maritime piracy in India, problems are being faced in ensuring effective prosecution of the pirates. 3. Given the increasing incidences of piracy, including within India's Exclusive Economic Zone, and the increasing number of pirates apprehended by the Indian Naval forces, the need is felt for a comprehensive domestic legislation on piracy, which is an outcome to the commitment made by India by signing the United Nations Convention on the Law of the Sea (UNCLOS) in the year 1982 and ratified in the year 1995. 4. In view of the above, it has been decided to bring about a domestic anti-piracy legislation for the prosecution of persons for piracy-related crimes and to promote the safety and security of India's maritime trade including the safety of our vessels and crew members. 5. Accordingly, the Anti-Maritime Piracy Bill, 2019, inter alia, provides for the following: (a) to make the provisions of the proposed legislation applicable to all parts of the sea adjacent to and beyond the limits of Exclusive Economic Zone of India; (b) to make the act of piracy on high seas as an offence punishable with imprisonment for life or with death; (c) to provide for punishment for attempt to commit offence of piracy or being an accessory to the commission of offence; (d) to provide for presumption of guilt in case certain conditions are satisfied; (e) to make the offence extraditable; (f) to enable the Central Government, in consultation with the Chief Justice of the concerned High Court, to specify certain courts as Designated Courts for speedy trial of offences of piracy under the proposed legislation. 6. The Bill seeks to achieve the above objectives. NEW DELHI; DR. S. JAISHANKAR. The 2nd December, 2019. ———— SNEHLATA SHRIVASTAVA Secretary General. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—4258GI(S3)—12-12-2019.