Bills were introduced in Rajya Sabha on the 3rd August 2018

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—18 REGISTERED NO. DL—(N)04/0007/2003—18 vlk/kkj.k EXTRAORDINARY Hkkx [k.M II — 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ ubZ fnYyh] 'kqØokj] vxLr 3] 2018@Jko.k 12] 1940 ¼'kd½ 13] No. 13] NEW DELHI, FRIDAY, AUGUST 3, 2018/SHRAVANA 12, 1940 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. RAJYA SABHA ———— The following Bills were introduced in Rajya Sabha on the 3rd August, 2018:— I BILL NO. XIII OF 2018 A Bill to provide for universal health insurance and healthcare coverage to all citizens and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. (1) This Act may be called the Universal Health Insurance and Healthcare Coverage Short title and Act, 2018. commencement. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) ‘appropriate Government’ means, in the case of a State, the Government of that State, and in other cases, the Central Government. (b) ‘Fund’ means the Universal Healthcare Fund constituted under section 6; (c) “prescribed” means prescribed by rules made uder this Act;2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Central 3. The Central Government shall ensure universal access to healthcare services for Government every citizen through health insurance in such manner as may be prescribed: to provide Universal Provided that citizens who are covered under any health insurance scheme or such Health other healthcare services as may be notified, shall be excluded from the purview of this Act: Insurance and Healthcare Services. Provided further that no citizen shall be excluded from the purview of this Act only on the ground that he has any pre-existing disease. Annual Health 4. (1) The appropriate Government shall pay an annual health insurance premium in Insurance respect of all citizens covered under this Act, which shall entitle them to access universal premium. healthcare services. (2) Central Government shall cause the annual health premium to be collected in such manner as may be prescribed. Committee to 5. (1) The Central Government shall, by notification constitute a Committee to decide decide health on the health insurance premium to be paid in respect of citizens covered under this Act for insurance availing the universal healthcare services. premium. (2) The Committee shall consist of,— (a) the Secretary in the Union Ministry of Health and Family Welfare, Chairman ex-offcio; and (b) the Principal Secretaries in-charge of the Department of Health and Family Welfare in the State Governments or such other officer as may be nominated by the State Government—ex officio Members; and (c) such number of professional membes to be appointed in such manner as may be prescribed, having experience in the field of insurance, actuarial science and medicine. (3) The salaries and allowances payable to and other terms and conditions of service of the Members of the committee, shall be such as may be prescribed. (4) In determining the amount of annual health insurance premium for any class of citizens, the Committee shall give due regard to the annual income of such class of citizens. Universal 6. (1) With effect from such date as the Central Government may, by notification in the Health Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, Insurance and a Fund to be called as the Universal Health Insurance and Healthcare Fund. Healthcare Fund. (2) The Fund shall be under the control of the Central Government and there shall be credited thereto— (a) any sums of money paid as annual health insurance premium under section 4; (b) any sums provided by the Central Government to carry out the purposes of this Act; and (c) such other sums as may be specified from time to time. (3) The Fund shall be utilised by the Central Governments,— (a) provide universal healthcare services as provided under this Act; (b) augment medical infrastructure in areas where such infrastructure is inadequate;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 (c) take any steps to promote maternal health and child health; (d) create awareness regarding any disease afflicting any area; and (e) carry out such other activities as may be specified. 7. The Central Government shall, after due appropriation made by law by Parliament, Central provide requisite funds for the purposes of this Act, from time to time. Government to provide funds. 8. 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. 9. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Removel the Government may, by order published in the Official Gazette, make such provisions not difficulties. inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 10. (1) The Central Government may, by notification, make rules for carrying out the Power to 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 Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS A major constituent of United Nations Human Development Indiex (HDI) is a long and health life. Despite being among world’s leading economies, India has just managed only recently to enter the club of mid-ranked countries in terms of HDI. This, to a large extent, is attributable to the lack of universal health services. The widespread disparities of income and wealth in India account for a largely skewed distribution of healthcare facilities. On one hand, we have world class healthcare system led primarily by private corporate hospitals which cater to not just domestic patients, but attract patients from world over, in what has flourised as medical tourism in India. On the other hand, large sections of population have little or no access to even primary and secondary healthcare services. The stark differences in access to healthcare are clearly evident by the differences in healthcare indicators in vital statistics. For example, according to 2013 statistics, the Infant Mortality Rate in urban areas was 27. The corresponding figure for rural areas was 44, which is , by any yardstick, substantially higher (almost 63%) than the urban areas. The Central Government, alive to this fact, came out with the National Health Policy, 2017 with the object to provide access to healthcare with focus on the equity aspect so that the poorest in the country get affordable healthcare facilities. The prime target of the Policy is the vulnerable section of society, including the poor and the tribals, who are not able to utilise healthcare facilities either because such facilities are not available at their place or, if these are available, the costs of healthcare services makes them beyond their reach. With the broad object to achieve universalisation of access to affordable healthcare, the Bill seeks to— (i) provide that the Central Government shall ensure universal access to healthcare services for every citizen through health insurance; (ii) provide for payment of annual health insurance priemium in respect of citizens covered under this Bill by the appropriate Government; and (iii) establish Universal Health Insurance and Healthare Fund to achieve universal access to health insurance and healthcare and to promote healthcare services. The Bill seeks to achieve the above objects. NARAYAN LAL PANCHARIYASEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 FINANCIAL MEMORANDUM Clause 4 of the Bill provides that the appropriate Government shall pay annual health insurance premium for all citizens wherein burden in respect of UTs will fall on Central Govt. Clause 5 provides for salaries and allowance payable to and other terms and conditions of service of the members of the Committee. Clause 7 provides that the Central Government shall, after due appropriation made by law by Parliament, provide requisite funds for the purposes of this Bill. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. The recurring and non-recurring expenditure on this count cannot be estimated at this stage, but has to be worked out by the Central Government while implementing the provisions of the Bill. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the appropriate Government to frame rules by notification in the Official Gazette, to carry out the provision of the Bill. The rules to be framed by the Government pertain to matters of administrative detail, which cannot be laid down in the Bill itself. The delegation is, therefore, normal in character.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— II BILL NO. XIX OF 2018 A Bill to provide for an institutional mechanism for identification of illegal immigrants in the country and their deportation and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— Short 1. (1) This Act may be called the Illegal Immigrants Identification and Deportation title and Act, 2018. commencement. (2) It extents to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 2. In this Act, unless the context otherwise requires,— Definitions. (a) 'appropriate Government' menas, in the case of a State, the Government of that State, and in other cases, the Central Government. (b) "illegal immigrant" means a foreign national who comes to India without any visa or proper and valid documents issued by the designated authority of the Government of India and settles or attempts to settle in India in the garb of bonafide Indian citizen by obtaining ration card and other government documents by fraudulent means; (c) 'National Commission' means the National Commission for Identification and Deportation of Illegal Immigrants constituted under Section 3 of the Act; (d) 'State Commission' means the State Commission or a Joint State Commission for identification and deportation of illegal immigrants constituted under section 6 of the Act; (e) "prescribed" means precribed by rules made under this act; 3. The Central Government shall, by notification in the official gazette, constitute a National Commission to be known as the National Commission for Identification and Deportation of Commission for Illegal Immigrants for carrying out the purposes of this Act. Identification and Deportation of Illegal Immigrants. 4. (1) The National Commission shall consist of— Composition of National (i) a Chariperson who shall be a retired Judge of the Supreme Court, to be Commission. appointed by the President of India in such manner as may be prescribed; and (ii) four other members to be appointed by the President of India in such manner as may be prescribed. (2) The Chairperson and other members shall hold office for a term of five years or till they attain the age of seventy years and shall be entitled to such salaries and allowances as may be determined by the Central Goverment. 5. (1) The Central Government shall provide the National Commission with such officers Officers and and other employees as may be necesary for the efficient functioning of the National other employees of Commission under this Act. National (2) The salaries and allowances payable to, and the other terms and conditions of Commission. service of, the officers and other employees appointed for the purpose of the national Commission shall be such as may be prescribed. 6. The Central Government shall set up a State Commission for each State or a Joint Setting up of State Commission for two or more States for identitication and deportation of illegal immigrants. State Commissions. 7. (1) Every State Commission shall consist of,— Composition of State (i) a Chairperson who shall be a retired Judge of the High Court; and Commission. (ii) four other members. (2) The Chairperson and other members of the State Commission shall be appointed by the Central Government in consultation with the Chairperson of the National Commission in such manner as may be prescribed. (3) The Chairperson and other members of the State Commission shall hold office for a term of five years or till they attain the age of seventy years and shall be entitled to such salaries and allowances as may be determined by the Central Government.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Officers and 8. (1) The State Government shall provide the State Commission with such officers other and other employees as may be necessary for the efficient functioning of the State employees of Commission under this Act. State Commission. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the State Commission shall be such as may be prescribed. Identification 9. (1) Every State Commission shall— and deportation of (i) carry out necessary exercise to identify illegal immigrants and their nationality illegal within the areas under their jurisdiction; and immigrants. (ii) prepare a list of illegal immigrants and supply it to— (a) the National Commission; and (b) the district administration, which shall publish such list in the official gazette: Provided that an appeal against the inclusion of the name of an individual in the list of illegal immigrants by the State Commission shall be made before the National Commission within ninety days of publication of the said list in the official gazette. (2) The National Commission shall take necessary action for deportation of illegal immigrants named in the list of illegal immigrants supplied by the State Commission; Power of 10. The Central Government may, if it considers so in national interest, exempt any Central illegal immigrants or any class of illegal immigrants from deportation or any other provisions Government to of this Act. exempt certain immigrants. National 11. (1) The National Commission and the State Commission shall, for the purposes of Commission discharging its functions under this Act, have all the powers of a civil court trying a suit and and State in particular, in respect of the following matters, namely:— Commission to have (a) summoning and enforcing the attendance of any person from any part of powers of India and examining him on oath; civil court. (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) subject to the provisions of section 123 and section124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or 1 of 1872 document from any office; (e) issuing summons for the examination of witnesses or documents; and (f) any other matter which may be prescribed. (2) No court, except the Supreme Court and a High Court exercising jurisdiction under articles 226 and 227 of the Constitution shall entertain any suit, application or other proceedings in respect of any order made by the National Commission and the State Commission. Power of 12. The National Commission may direct the respective State Government to:— National Commission (i) stop all assistance or benefits being enjoyed by the illegal immigrants to direct State immediately; Governments. (ii) impound the ration card in the possession of illegal immigrants; (iii) terminate the services of illegal immigrants, in case such immigrants are employed in any public sector organisation and inform persons concerned in case they are employed in private sector;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 (iv) seize and dispose of any movable or immovable property owned by illegal immigrants and take such necessary action to recover loans, if any, borrowed by them; and (v) facilitate speedy hearing of any civil or criminal cases against illegal immigrants. 13. The Central Government shall, after due appropriation made by law by Parliament, Central provided requisite funds for the purposes of this Act, from time to time. Government to provide funds. 14. 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. 15. If any difficulty arises in giving effect to the provisions of this Act, the Central Removal of Government may, by order published in the Official Gazette, make such provisions not Difficulties. inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 16. (1) The Central Government may, by notification, make rules for carrying out the Power to make provisions of this Act. rules. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both 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.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Historically, India has attracted people from all corners of the world. Many were so smitten with the greatness of our culture that they chose to settle here permanently and over time they have been assimilated into the Indian society. However, in the recent few decades, illegal immigration into the country has increased manifold so much so that the influx of immigrants created a crisis of identity among the indigenous citizens of our country. As a result, the cultural survival of citizens is in jeopardy, their political control is weakened and their employment opportunities are undermined by such illegal migration. It is found that though the immigrants had settled in various States of our country, most of them failed to identify themselves with the mainstream. Due to linguistic similarities between illegal migrants from Bangladesh, Myanmar and other neighbouring countries and the indigenous people, it becomes difficult to identify and deport the illegal immigrants from Indian soil. Illegal immigrants have increased pressure on resources of our country and the Government has to increase expenditure on education and health facilities. Illegal immigrants are not only adding number to our booming population but are indulging in criminal and anti-national activities. Most of the illegal immigrants have got their names enlisted in the voting list illegally, thereby claiming the rights of citizens. The NRC (National Register of Citizens) has taken initiatives for the detection of illegal migrants. However, success of such initiatives will depend on strong political will. This silent and insidious demographic invasion may result in the loss of the geo-strategic importance of several bordering districts in the States of Assam, Tripura, Jammu and Kashmir, West Bengal and other States. The influx of these illegal migrants is turning these regions into such ghettos where the original inhabitants have been reduced to a minority and are facing an identity crisis. In view of the dangers posed by illegal immigrants, the problem is required to be dealt effectively. Illegal migration from neighbouring countries is no longer a regional problem which can be pushed under the carpet since these migrants have now settled in several States including the NCT of Delhi, Madhya Pradesh and Maharashtra. Since we do not want our country to become world's capital of refugees and immigrants, it is high time to solve the problems of illegal migration to save culture and identity of our people in their own land and to save the nation from the momument threat of immigrants. With the above objectives, the Bill seeks to — (i) establish a National Commission and State Commissions for Identification and Deportation of Illegal Immigrants; (ii) provide that the State Commission shall carry out necessary exercise for identification of illegal immigrants; (iii) provide that Appeal against inclusion of an individual's name in the list of illegal immigrants shall lie with the National Commission; (iv) provide that the illegal immigrants identified by the State Commission shall be deported by the National Commission; (v) provide that the Central Government may, if it considers so in national interest, exempt any illegal immigrants or any class of illegal immigrants from deportation or any other provision of the Bill. (vi) confer powers of civil court upon both the National Commission and the State Commission; andSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 (vii) empower the National Commission to direct the State Governments to withdraw all services provided to illegal immigrants and seize and dispose of their property to meet their liabilities; The Bill seeks to achieve the above objects. NARAYAN LAL PANCHARIYA ————— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for Constitution of the National Commission for Identification and Deportation of Illegal Immigrants. Clause 4 seeks to provide for appointment of a Chairperson and other members of the National Commission. Clause 13 of the Bill provides that the Central Government shall, after due appropriation made by law by Parliament, provide requisite funds for the purposes of this Bill. The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India. The recurring and non-recurring expenditure on this count cannot be estimated at this stage, but has to be worked out by the Central Government while implementing the provisions of the Bill. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 16 of the Bill empowers the Central Government to frame rules by notification in the Official Gazette, to carry out the provision of the Bill. The rules to be framed by the Government pertain to matters of administrative detail only, which cannot be laid down in the Bill itself. The delegation is, therefore, normal in character.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— III BILL NO. XX OF 2018 A Bill further to amend the Information Technology Act, 2000. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Information Technology (Amendment) Act, 2018. commencement. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. Insertion of 2. In the Information Technology Act, 2000 (hereinafter referred to as the principal new sections Act), after section 67B, the following sections shall be inserted, namely:— 67BA and 67BB. Punishment for ‘‘67BA. Whoever publishes or transmits or causes to be published or transmitted publishing or in the electronic form, any material which is repugnant to well established cultural transmitting ethos, shall be punished on first conviction with imprisonment of either description for material a term which may extend to six months and with fine which may extend to two lakh repugnant to rupees and in the event of second or subsequent conviction with imprisonment of cultural ethos. either description for a term which may extend to two years and also with fine which may extend to five lakh rupees.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 Provided that any material shall not be deemed to be against cultural ethos merely on the ground that it goes against or contradicts an established practice or custom.’’ ‘‘67BB. Whoever hosts any online gaming resource which induces users to Punishment commit— for hosting dangerous (a) dangerous acts which are harmful to such users or others; or online gaming resource. (b) acts which cause injury to themselves or others; or (c) any illegal act; shall be punished on first conviction with imprisonment of either description for a term which may extend to one year and with fine which may extend to two lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to three years and also with fine which may extend to five lakh rupees.’’ 3. In the principal Act, after Chapter XIIA, the following Chapter shall be inserted, Insertion of namely— new Chapter XIIB. ‘‘CHAPTER XIIB SPECIAL PROVISIONS RELATING TO ONLINE GAMING ‘‘79B. Whoever hosts an online gaming resource or produces any storage media Special containing a gaming resource to be sold offline, shall ensure that— provisions for gaming (a) the game resource is categorised for use by appropriate age group on resources. the basis of game contents; and (b) there is a suitable mechanism within the game resource to warn the users against repeating the dangerous acts, if any, shown in the game in their real lives.’’14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The information technology has been the biggest change that has been brought in human life during the last few decades. It has touched every aspect of our lives and changed the way we live. With the advent of smartphones, the information technology has reached the hands of each and every individual. However, information technology is not an unmixed blessing. In the last few months, we witnessed a series of incidents where children were doing dangerous act just to complete task given in a game called Blue Whale Challenge. Soft minds of children were completely captured by the game and they were tasked to do acts such as carving figure on arm, inflicting injury on self and eventually committing a suicidal act. Not just worldwide, in India too a number of children lost their lives while attempting Blue Whale tasks. Mindful of the dangers posed by this trend, the Central Government did sensitise administration and schools. As a result, we were able to rescue a number of children from the clutches of this fatal game. Still, there are many games in public domain which involve a lot of violent and pernicious acts. Therefore, it is necessary that adequate safeguards are placed in law to protect players of such games, especially children, from any undesirable effects of these games. Another worrisome aspect about what is being offered over internet is that it militates against the cultural ethos of the country which we have valued and preserved for centuries. Today, our children and youth are exposed to all kinds of literature, videos, etc. that are repugnant to our cultural values and tend to undermine them. If we are to protect our great cultural ethos, we msut act now to protect our children and youth from all kinds of cultural invasions over the internet. With the above objects in consideration, the Bill seeks to amend the Information Technology Act, 2000 to provide adequate safeguards against dangerous gaming resources and online material that militate against our cultural values and ethos. The Bill seeks to achieve the above objects. NARAYAN LAL PANCHARIYASEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 IV Bill No. XXIX of 2018 A Bill to make special provisions for the National Capital Territory of Delhi for a period upto the 31st day of March, 2020 and for matters connected therewith or incidental thereto. WHEREAS the Master Plan for Delhi, 2001 was extensively modified and notified by the Central Government on the 7th day of February, 2007 with the perspective for the year 2021 keeping in view the emerging new dimensions in urban development vis-a-vis the social, financial and other ground realities; AND WHEREAS the Master Plan for Delhi with the perspective for the year 2021 specifically acknowledges the need for permitting use of land for purposes other than that for which it was originally envisaged and lays down the conditions under which this may be applied in different situations; AND WHEREAS a strategy and a scheme has been prepared by the local authorities in the National Capital Territory of Delhi for regulation of commercial activities in residential areas in accordance with the Master Plan for Delhi, 2021, and is being implemented; AND WHEREAS based on the policy finalised by the Central Government regarding categorisation of colonies, mixed land use and its extension, the guidelines and regulations for this purpose have been issued;16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— AND WHEREAS in pursuance of the guidelines and regulations necessary steps are being taken for regularisation of unauthorised construction for commercial activities in residential areas which, inter alia, involve scrutiny of layout plans, assessment of built up percentage existed as on the 31st day of March, 2002, identification of mixed use of land, approval of layout plans, fixation of boundaries and changes in land use; AND WHEREAS more time is required for dealing with the situation arising out of unau- thorised construction in residential areas for commercial activities keeping people of the National Capital Territory of Delhi in mind; AND WHEREAS the National Capital Territory of Delhi Laws (Special Provisions) Act, 2007 was enacted on the 5th day of December, 2007 to make special provisions for the 43 of 2007. areas of the National Capital Territory of Delhi for a period up to the 31st day of December, 2008 which ceased to operate after the 31st December, 2008 and the National Capital Territory of Delhi Laws (Special Provisions) Act, 2009 was enacted in continuation of the aforesaid 24 of 2009. Act for a period up to the 31st day of December, 2009 followed by the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2009 enacted in continuation for a 40 of 2009. period up to the 31st day of December, 2010; AND WHEREAS is expedient to have a law in terms of the Master Plan for Delhi, 2021, in continuation of the said Act for a period up to the 31st day of March, 2020 to provide for temporary relief and to minimise avoidable hardships and irreparable loss to the people of the National Capital Territory of Delhi against any action by the concerned agency in respect of persons covered by the policies referred to above. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows: — Short title, 1. (1) This Act may be called the National Capital Territory of Delhi Laws (Special extent, Provisions) Act, 2018. commencement and duration. (2) It extends to the National Capital Territory of Delhi. (3) It shall be deemed to have come into force on the day of its notification. (4) It shall cease to have effect on the 31st day of March, 2020, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the General Clauses Act, 1897, shall apply as if this Act had then been repealed by a Central Act. 10 of 1897. Definitions. 2. (1) In this Act, unless the context otherwise requires,— (a) "building bye-laws" means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 or the bye-laws made under section 188, sub-section 66 of 1957. (3) of section 189 and sub-section (1) of section 190 of the Punjab Municipal Act, 1911, Punjab Act 3 of 1911. as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957, relating to buildings; 61 of 1957. (b) "Delhi" means the entire area of the National Capital Territory of Delhi except the Delhi Cantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957; 66 of 1957. (c) "sealing" means shutting down of unauthorised constructions for commercial use in residential areas by way of prohibiting all economic activity; (d) "local authority" means the Delhi Municipal Corporation established under the Delhi Municipal Corporation Act, 1957, or the New Delhi Municipal Council 66 of 1957. established under the New Delhi Municipal Council Act, 1994 or the Delhi Development 44 of 1994. Authority established under the Delhi Development Act, 1957, legally entitled to exercise 61 of 1957. control in respect of the areas under their respective jurisdiction; (e) "Master Plan" means the Master Plan for Delhi with the perspective for the year 2021, notified vide notification number S.O.141(E), dated the 7th day of February, 2007 under the Delhi Development Act, 1957; 61 of 1957.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 (f) "notification" means a notification published in the Official Gazette; (g) "punitive action" means action taken by a local authority under the relevant law against unauthorised development and shall include demolition, sealing of premises and displacement of persons or their business establishment from their existing location, whether in pursuance of court orders or otherwise; (h) "relevant law" means in case of— 61 of 1957. (i) the Delhi Development Authority, the Delhi Development Act, 1957; (ii) the Municipal Corporation of Delhi, the Delhi Municipal Corporation 66 of 1957. Act, 1957; and (iii) the New Delhi Municipal Council, the New Delhi Municipal Council; 44 of 1994. Act, 1994; (l) "unauthorised development" means use of land or use of building or construction of building or development of colonies carried out in contravention of the sanctioned plans or without obtaining the sanction of plans, or in contravention of the land use as permitted under the Master Plan or Zonal Plan or layout plan, as the case may be, and includes any encroachment. (2) Words and expressions used but not defined herein shall have the meanings 61 of 1957 respectively assigned to them in the Delhi Development Act, 1957, the Delhi Municipal 66 of 1957 Corporation Act, 1957 and the New Delhi Municipal Council Act, 1994. 44 of 1994 3. (1) Notwithstanding anything contained in any relevant law or any rules, regulations Enforcement or bye-laws made thereunder, the Central Government shall before the expiry of this Act, take to be kept in abeyance. all possible measures to finalise norms, policy guidelines, feasible strategies and make orderly arrangements to deal with the problem of sealing of unauthorised constructions in the form of commercial enterprises in residential areas, as mentioned below:— (a) orderly arrangements for regularisation and rehabilitation of unauthorised commercial establishments in residential areas in the National Capital Territory of Delhi in accordance with the provisions of the Master Plan for Delhi, 2021 to ensure its development in a sustainable, planned and humane manner; (b) orderly arrangements pursuant to guidelines and regulations for regularisation of unauthorised constructions, as existed on the 1st day of January, 2006, and where construction took place even beyond that date and up to the 8th day of February, 2007; (c) policy regarding existing residences involving construction for commercial use beyond permissible building limits; and (2) Subject to the provisions contained in sub-section (1) and notwithstanding any judgment, decree or order of any court, status quo— (i) as on the 1st day of January, 2006 in respect of unauthorised development; (ii) in respect of unauthorised construction for commercial activities in residential areas, which existed on the 31st day of January, 2006 and where construction took place even beyond that date and up to the 8th day of February, 2007, mentioned in sub-section (1), shall be maintained. (3) All notices issued by any local authority for initiating action against or unauthorised construction referred to in sub-section (1), shall be deemed to have been suspended and no punitive action shall be taken till the 31st day of March, 2020.18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provision of 4. During the period of operation of this Act, no relief shall be available under the this Act set to provisions of section 3 in respect of the encroachment on public land except in those cases apply in which are covered under clauses (a), (b) and (c) of sub-section (1) of section 3; certain cases. Power of 5. The Central Government may, from time to time, in consultation with the Government Central of National Capital Territory of Delhi issue such directions to the local authorities as it may Government deem fit, for giving effect to the provisions of this Act and it shall be the duty of the local to give authorities, to comply with such directions. directions. Validation of 6. Notwithstanding any judgment, decree or order of any court, all things done, or, acts done or omitted to be done, and all action taken, or, not taken, during the period beginning on or after omitted to be the 12th day of March, 2018 and ending immediately before the date of commencement of done, etc. this Act, shall, in so far as they are in conformity with the provisions of this Act, be deemed during 12th March, 2018 to have been done, or, omitted to be done, or, taken, or, not taken, under these provisions as upto the date if such provisions were in force at the time such things were done or omitted to be done and of action taken or not taken during the aforesaid period. commencement of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 STATEMENT OF OBJECTS AND REASONS A situation has arisen in National Capital Territory of Delhi with the sealing activity leading to loss of economic activity and livelihood of people including daily wage workers. The economic ecosystem has collapsed as large sections of people dependent directly or indirectly on commercial establishments being targeted by sealing drive have suffered avoidable hardships and irreparable loss. Worst affected are daily wage earners and marginal shopkeepers whose lives are increasingly getting defined by uncertainty, insecurity and poverty rooted in whimsical policymaking and lax implementation. There is no unified underlying criteria for sealing as even family-run establishments operating for decades, some of them existing before any regulatory framework got into play are being sealed. Almost Rupees 4,000 Crore, collected as conversion charges on the direction of the Honourable Supreme Court for the development of local area, has not been used to provide temporary relief to minimise hardships and undertake development work. Economic activity in National Capital Territory of Delhi has taken a setback as traders, workers and other allied individuals are unable to experience a conducive climate of doing business. Instead, the regulations, fines and punitive measures have adversely affected individuals involved in all kinds of commercial activity. In some instances, establishments have been sealed despite paying conversion charges. If continued, sealing might result into deterioration of law and order situation on account of rising discontent among the people and may result in violent outbreaks of anger which must be stopped through sound, far-reaching and humane legislation. This Bill seeks to exempt the category of people affected by sealing going on currently in order to lay down measures for immediate relief to affected citizens. Hence, this Bill. SANJAY SINGH20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— V Bill No. XXIV of 2018 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— Short Title, 1. (1) This Act may be called the Constitutional (Amendment) Act, 2018. and Commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment 2. In Article 19 of the Constitution, of Article 19. (i) in clause (2) the words "the sovereignty and integrity of India" shall be omitted. (ii) in clauses (3) and (4) the words " the sovereignty and integrity of India or" shall be omitted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 STATEMENT OF OBJECTS AND REASONS Article 19 being an important fundamental right provides for our right to freedom. It constitutes a part of our basic human rights. Article 19 is also of great significance as it provides for those rights which are necessary in a democratic system such as ours. Any limitations placed on this right should be provided for by law and should meet a high standard of necessity. Being provided for by law, the expression used to restrict human rights should be precise, clear and the implication of which should be sufficiently foreseeable. The terms used to restrict the right must be narrowly defined. The restrictions to such basic rights if governed by vague terms will allow for the arbitrary and unnecessary interference of these rights and will amount to a violation of the individual's basic human right. It will allow for an unnecessarily overbroad scope for enforcement, infringing the person's rights. Such laws need to be removed in order to protect the rights of the people and the same was iterated by the Supreme Court in the case of Shreya Singhal v. Union of India (2015). The term "the sovereignty and integrity of India" was never part of the original text of the constitution and was added much later in 1963 by the Constitution (Sexteenth Amendment), Act. The original drafters had provided for ample and adequate restrictions upon each of the rights. The use of such superfluous language cannot be permitted for legislative purposes especially with regard to determining the limitations upon the fundamental right. Thereby in light of ensuring the protection of the right to freedom of the citizens, in furtherance of democratic values and upholding the principles of law, the vague term employed in the article requires to be removed. Hence, this Bill. V. VIJAYASAI REDDY22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— VI Bill No. XXVI of 2018 A Bill further to amend the Indian Penal Code, 1860 and Code of Criminal Procedure, 1973. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— Short, 1. (1) This Act may be called the Criminal Law (Amendment) Act, 2018. title and (2) It shall come into force on such date as the Central Government may, by notification commencement. in the Official Gazette, appoint. Amendment 2. For section 497 of the Indian Penal Code 1860, the following section shall be 5 of 1860. of section substituted, namely:— 497. “497. Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the spouse of another person, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23 2 of 1974. 3. In section 198 of the Code of Criminal Procedure, 1973,— Amendment of section 198. (i) in sub-section (2), the words and figure “section 497 or” shall be omitted. (ii) after sub-section (2), the following shall be insterted, namely:— (3) “For the purposes of sub-section (1), no person other than the spouse shall be deemed to be aggrieved by any offence punishaable under 497 of the said Code.”24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECT AND REASONS The provisions with regard to the offence relating to marriage seek to protect the sanctity of marital ties in society. Section 497 of the Indian Penal Code (IPC) is such a provision that criminalizes adulterous relationships. The IPC which was drafted in 1860 was based on archaic notions of morality that existed in those periods where women were seen to be inferior to men. In particular, married women were considered to be the property of the husband. These notions of morality and marital relations manifested itself as penal provisions in the code. Such laws, violative of equality and based on an age old sense of morality need to be changed. Section 497 of the IPC exists in violation of the basic principles of equality as well as of human dignity. Under the section, it is only the husband who can prosecute another man for having an adulterous relationship with his wife. The wife is seen as a property in the dispute matter and is absolved from any liabilities in the matter. Furthermore, the section also provides for an illicit sexual relationship to be legal if the husband has consented to the wife’s sexual relationship with another man. The wife’s sexuality and actions are subjected to the will of the husband by means of this section. The section fails to provide women with the necessary right to send their husbands to court on the grounds of adulterous relationship. These patriarchal concepts which exist in the statute controlling the behaviour of women must be removed. The sanctity of marriage is to be maintained through the means of gender equality and not on discriminatory grounds. The section cannot be said to be in protection of women when it views women as mere objects of possession in the hands of their husbands. It is necessary to bring about changes in such old laws to protect the autonomy and dignity of women in a social institution such as marriage. The Supreme Court had in the case of Sowmithri Vishnu v. Union of India (1985) while dealing with the constitutional validity of the Section stated that it is for the legislature to decide the policy of law with respect to adultery. A three judge bench of the Supreme Court while dealing with a petition regarding section 497 (Joseph Shine v. Union of India) had opined in its order the absence of gender equality in the criminal provision and stated that the time has come for society to realise that a women is equal to a man in every field. Hence, the present Bill, accordingly, seeks to amend section 497 of the Indian Penal Code and the Section 198 of the code of Criminal Procedure, 1973. V. VIJAYASAI REDDYSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25 VII Bill No. XXVIII of 2018 A Bill to provide for the protective measures to the agricultural and other rural workers against exploitation and for ensuring minimum wages, pension, provident fund facilities and financial compensation with paid leave in case of accidents, medical, maternity and creche facilities to women workers, education and nutrition for the children and such other welfare measures to be ensured by the state and for the establishment of a Welfare Authority and Welfare Fund for such workers of the rural areas and for matters connected therewith and incidental thereto. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:— 1. (1) This Act may be called the Agricultural and Other Rural Workers (Protection and Welfare) Act, 2018. Short, title extent (2) It extends to the whole of India and commencement. (3) It shall come into force with immediate effect. 2. In this Act, unless the context otherwise requires:— Definitions (a) "agricultural worker" means a person who works as a labourer on being hired or works in exchange, whether in cash or kind or partly in cash and partly in kind, in any of the agricultural or related operations of an employer, farmer or other person, as the case may be; (b) " appropriate Government" means in the case of a state, the Government of26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— that state and in all other cases, the Central Government; (c) "Authority" means the National Agricultural and other Rural Workers Welfare Authority established under Section 3; (d) "employer" means any person who employs directly or through any other person or agent or contractor, whether on his own behalf or on behalf of any other person, one or more agricultural or other rural worker, for any work or work connected with the agricultural or horticulture operations or for any other work connected with village industries; (e) "prescribed" means prescribed by rules made under this Act; (f) "rural worker" means a worker who works as artisan, weaver, potter, blacksmith, etc. in rural areas on hire or contract or in exchange whether in cash or kind or partly in cash and partly in kind for any other person or employer; (g) "Welfare Fund" means the Agricultural and other Rural Workers Welfare Fund established under section 5. 3. (1) The Central Government shall, as soon as may be, for carrying out the purposes Establishment of this Act, by notification in the Official Gazette, establish the National Agricultural and of the National other Rural Workers Welfare Authority. Agricultural and other Rural (2) The Authority shall be a body corporate by the name aforesaid, having perpetual Workers succession and common Seal, with power to acquire, hold and dispose of property, both Welfare movable and immovable, and to contract and shall by the said name sue and be sued. Authority. (3) The headquarters of the Authority shall be at Lucknow in the State of Uttar Pradesh and the Authority may establish regional and branch offices at other conspicuous places in the country as it may deem necessary for carrying out the purposes of this Act. (4) The Authority shall consist of the following members, namely:— (a) a Chairperson to be appointed by the Central Government having adequate experience, qualifications and knowledge of labour laws and issues related to working class or of agricultural operations or of the higher Judiciary at least of sessions level; (b) a Deputy Chairperson to be appointed by the Central Government having such education qualifications and experience as may be prescribed; (c) five members to be appointed by the Central Government each to represent the Union Ministries of Agriculture, Finance, Labour and Employment, Rural Development and Social Justice and Empowerment; (d) five Members of Parliament of whom three shall be from Lok Sabha and two from the Rajya Sabha to be nominated by the respective Presiding officers of the two Houses; (e) four members to be appointed by the Central Government from amongst the agricultural and other rural workers: Provided that one such member shall be a woman. (f) four members from amongst the agricultural and other rural workers to be nominated by the Government of the States which shall be rotated amongst the States in alphabetical order. (5) The term of office, remuneration, honorarium and other perks of the Chairperson, Deputy Chairperson and members of the Authority shall he such as may be preseribed from time to time; (6) The Authority in discharging of its functions and procedure to be followed during the meetings shall be such, as may be prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27 (7) The Authority shall have a Secretariat with such number of officers and other staff with such terms and conditions of service as may be prescribed from time to time. 4. (1) The authority shall, for the purpose of this Act, promote and undertake by such Functions of measures as it thinks fit or deem necessary and expedient, welfare measures so as to provide the Authority. protective measures to agricultural and rural workers from exploitation. (2) Without prejudice to the generality of the provisions of sub-section (1) the measures referred to therein may provide for: — (a) maintaining district and village-wise register of all the agricultural and other rural workers, gender-wise, with such particulars, and in such manner as may be prescribed; (b) maintaining land records and micro and small industrial units at homes or other places from village to district level in such manner and with such details as may be prescribed; (c) maintaining district and village-wise register of employers of agricultural and other rural workers, as the case may be, with such particulars and in such manner as may be prescribed; (d) maintaining village and district-wise list of doctors, dispensaries, clinics, health centres and hospitals tor providing medicare facilities, both indoor and outdoor, with medicines to the agricultural and other rural workers; (e) long term action plan for making work available throughout the year to the agricultural and other rural workers; (f ) payment of minimum wages fixed by the appropriate Government by each employer by setting up grievances redressal committees at conspicuous places; (g) maternity and creche facilities with paid maternity leave and for making vailable necessary medicines, iron and multi vitamin capsules for the female agricultural and other rural workers covered under this Act; (h) financial compensation with paid leave in case of accidents of agricultural and other rural workers in such manner as may be prescribed; (i) grant of old age pension to the agricultural and other rural workers covered under this Act; (j) provident fund facility to the agricultural and other rural workers; (k) educational and vocational training facilities to the children of agricultural and other rural workers free of cost; (l) insurance cover for the agricultural and other rural workers covered under this Act for such works and in such manner as may be prescribed; (m) regular supply of meals and nutrition for the children, old and incapacitated agricultural and other rural workers; (n) such other provisions as the Authority may deem necessary for carrying out the purposes of this Act. 5. (1) The Central Government shall, as soon as may be by notification in the Establishment Official Gazette, establish the Agricultural and other Rural Workers Welfare Fund with an of the Agricultural initial corpus of rupees ten thousand crore to be provided by the Central Government by due and other appropriation made by Parliament by law in this behalf and Governments of the States shall Rural Workers contribute to the Welfare Fund to such extent and in such manner as may be prescribed. Welfare Fund.28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The Welfare Fund may also receive moneys from body corporates, financial institutions, both domestic and international ones, firms, partnerships, individuals and other bodies in the form of contributions or donations, as the case may be. (3) The Welfare Fund shall be utilized for the welfare of agricultural and other rural workers covered under this Act in such manner and for such purposes as may be prescribed. Miscellaneous 6. (1) Notwithstanding anything contained in any other law for the time being in force, provisions. it shall be the duty of every employer to:— (a) engage only such workers who have registered themselves with the Authority; (b) pay minimum wages to the workers engaged by him or such wages in cash or kind as may he voluntarily agreed to by such workers; (c) not to deduct the wages in case of accident or illness or maternity stage of his workers; and (d) give rest and leave to his workers from time to time. (2) The appropriate Government shall provide necessary assistance to the Authority in carrying out the provisions of this Act within the territorial Jurisdiction of such Government. Central 7. The Central Government shall, after due appropriation made by Parliament by law Government made in this behalf, provide from time to time the requisite funds to the States and Union to provide Territories and for expenditure of the Secretariat and other purpose of this Act. funds. Annual Report. 8. The Authority shall prepare and submit an Annual Report in such manner and in such form as may be prescribed, of its activities, achievements and shortfalls, if any, pertaining to the welfare and protection of agricultural and other rural workers covered under this Act to the President of India, who shall cause the Report to be laid in both Houses of Parliament along with action taken by the Central Government thereon after its receipt, as soon as may be, but within three months of the receipt thereof. Penalty. 9. Notwithstanding anything contained in any other law for the time being in force, whoever contravenes any of the provisions of this Act shall be guilty of an offence and shall be punishable with simple imprisonment which may extend to six months and also with fine which may extend to four lakh rupee. Act to have 10. The provisions of this Act and rules made thereunder shall have effect overriding notwithstanding anything inconsistent therewith contained in any other law for the time effect and to being in force but save as aforesaid the provisions of this Act shall be in addition to and not supplement in derogation of any other law for the time being applicable to any matter dealt with by this other laws Act. Power to make 11. The Central Government may, by notification in the Official Gazette, make rules for rules. carrying out the purposes of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29 STATEMENT OF OBJECTS AND REASONS In India, the agriculture sector generates maximum employment opportunities in comparison to other sectors of economy. As a result, crores of agricultural workers in the country including women constitute a major chunk of this workforce. Similarly, there are village industries which also provide substantial employment opportunities in rural India. However, the agricultural and rural workers are still unorganised and, as a result, they remain exploited throughout their lives. It has been observed that in the organised sectors there are trade unions and associations to take care and protect the interests of their workers who get their genuine demands fulfilled by their employers and also get the welfare measures implemented but the unorganised agricultural and rural workers do not even get their reasonable and just demands fulfilled by their employers. They are denied minimum wages, provident fund, pension, maternity benefits, creche facility, medical care, accident insurance, rest, leave, etc. There is no guarantee of work round the year or for majority of days during the year. Policy of hire and fire is applied at the whims and fancy of the employers. As a result the agricultural and other rural workers remain exploited, poverty-stricken and indebted throughout their lives. When there is natural calamity, their living condition goes from bad to worse and they do not even get two square meals a day. It is a matter of serious concern that their condition is going from bad to worse and there is no legal protection for these hapless workers. Though the centre has initiated a legislation for unorganized workers but it does not cover most of the issues of the agricultural and other rural workers. Ours is a welfare state and it is the sacred duty of the state to protect the poor agricultural and other rural workers by extending protective umbrella to them and initiating welfare measures for them so that they too get their share of the development of the nation. Hence this Bill. AMAR SHANKAR SABLE30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the establishment of the National Agricultural and other Rural Workers Welfare Authority. Clause 5 of the Bill provides for the establishment of the Agricultural and other Rural Workers Welfare Fund with an initial corpus of rupees ten thousand crore to be provided by the Central Government and thereafter, the Central and State Governments will contribute to the welfare fund. Clause 7 makes it obligatory for the Central Government to provide funds for carrying out the purposes of the Bill. The Bill if enacted will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees thirty thousand crore may involve as recurring expenditure per annum. A sum of rupees five thousand crore may also involve as non-recurring expenditure from the Consolidated Fund of India. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill gives power to the Central Government to make rules for carrying out the purposes of the Bill. The rules will relate to matters of details only. The delegation of legislative power is of normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31 VIII Bill No. XXXI of 2018 A Bill to provide for the formulation and implementation of a comprehensive national policy for ensuring overall development of the youth belonging to Scheduled Castes, Scheduled Tribes and those from Other Backward Classes and oppressed categories from the religious and linguistic minorities and for their welfare to be undertaken by the State and for matters connected therewith and incidental thereto. BE it enacted by Parliament in the Sixty-ninth Year of the Repulbic of India as follows:— 1. (1) This Act may be called the Downtrodden, Backward and Oppressed Youth Short title, (Development and Welfare) Act, 2018. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force with immediate effect. 2. In this Act, unless the context otherwise requires:— Definitions. (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "backward" means those youth who belong to castes which have been declared, by notification in the Official Gazette, as backward by the appropriate Government from time to time;32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) "downtrodden youth" means the youth belonging to Scheduled Castes and Scheduled Tribes not provided with opportunities; (d) "oppressed youth" means the youth who have been cruelly or unjustly treated in the society due to faith or religion, caste or creed or language or have been oppressed with poverty as such; (e) "prescribed" means prescribed by rules made under this Act; (f) "youth" means any person who has attained the age of eighteen years but is not above the age of thirty-five years. National policy 3. (1) The Central Government shall, as soon as may be, formulate a comprehensive for the national policy for the overall development and welfare of the downtrodden, backward and downtrodden, oppressed youth of the nation for implementation throughout the country. backward and oppressed (2) Without prejudice to the generality of the provisions of sub-section (1) of youth. Section 3, the national policy referred to therein may provide for; (a) freehigher education, including medical, technical and information technology; (b) free coaching training for admission to management courses with assured admission in management institutes of repute; (c) books, stationery, equipments and educational gadgets free of cost; (d) scholarships in deserving cases; (e) free hostel facilities; (f) free public transport facilities; (g) monthly pocket expenses allowances at such rate as may be prescribed; (h) free entertainment facilities; (i) free access to all libraries and technical institutions; (j) training in sports to every eligible youth covered under this Act and facilities and appropriate incentives to participate in sports activities, events and tournaments in and outside the country; (k) provision for free of cost healthy and nutritious meals to all the youth covered under this Act in the schools, colleges, universities, hostels and technical institutions; (l) free medical and healthcare; (m) providing modern apprenticeship in business, trade, vocation etc., in factories and commercial establishments; (n) providing military training to physically fit youth covered under this Act and those successfully completing training to be given preference for recruitment in defence services; (o) free of cost coaching and study material •for all India Services and other competitive examinations which are conducted by Union Public Service Commission, State Public Service Commissions and other examination bodies such as of Railways, Banks Staff Selection Commission and other bodies of the Government at the Centre, States and Union Territories; (p) such other facilities, incentives and welfare measures as may be prescribed from time to time.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33 4. It shall be the duty of every appropriate Government to implement in letter and spirit Appropriate the national policy formulated under this Act. Government to implement national policy. 5. Notwithstanding anything contained in any other law for the time being in force, the Employment appropriate Government shall provide gainful employment to the youth covered under this and Act as per their ability and qualification after completing their education or training, as the unemployment allowance. case may be, and in case that Government fails to provide them employment, the youth shall be paid unemployment allowance on monthly basis at such rate as may be prescribed by the Central Government until they are given gainful employment. 6. (1)The appropriate Government shall appoint such number of expert committees in Miscellaneous the capital of every State and Union Territory and in every district as it may deem necessary provisions for carrying out the purposes of this Act comprising renowned educationists and psychologists and others to recommend some trade or vacation related education or training to be imparted to the youth covered under this Act after passing their Secondary or Matriculation examination. (2) The appropriate Government shall establish such number of youth hostels on the lines of international youth hostels at conspicuous places in the country for the youth covered under this Act as it may deem necessary for the purposes of this Act. (3) The appropriate Government shall promote youth cooperatives at villages and district levels for establishing their village industries ventures, dairy projects, food processing, poultry, fair price shops, LPG distribution, etc. and provide requisite financial assistance and guidance to them for procuring raw materials and promoting marketing, etc. (4) The appropriate Government shall ensure the availability of requisite credit at nominal rate of interest from the Banks and other Financial Institutions to the youth covered under this Act for their self employment projects. (5) The appropriate Government shall extend such welfare measures to the youth covered under this Act as that Government may deem appropriate and necessary for carrying out the purposes of this Act. 7. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, provide requisite funds for carrying out the purposes of this Act. Government to provide requisite funds. 8. The Central Government may by notification in the Official Gazette, make rules for Power to to carrying out the purposes of this Act. make rules.34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The youth are always at the centre stage of socio-political activities in our nation.To maintain this strength, a clear cut youth policy is required to rid the youth of problems relating to education, poverty, nutrition, employment opportunities, self employment, vocational training, health, sports, etc. The country at present has no institutional mechanism to harness the potential of our youth and channelise their energy for the betterment of the country. The plight of the youth belonging to downtrodden communities such as Scheduled Castes, Scheduled Tribes and Other Backward Classes ( OBCs) who have been oppressed for centuries is even worse. Even today the downtrodden youth have to face social ostracisation. Though thanks to the reservation policy propounded and given by the messiah of the downtrodden Babasaheb B.R. Ambedkar, many of them have made some progress but the downtrodden youth still require special attention because there is a need to instill a sense of belonging among the downtrodden, backward and oppressed youth of the nation by providing them all opportunities for their overall development so that they too contribute to the progress of the country to their full potential. The facilities and opportunities should be provided as a matter of right. Good education should be their right and it should not be a privilege of the elite only. Employment needs to be guaranteed to them and if employment opportunity is not provided they have to be given unemployment allowance. They have to be linked directly with the production processes by eliminating the disparities between the rural and urban downtrodden youth. For this a comprehensive national policy for the downtrodden backward and oppressed youth should be in place to ensure their all round development which is the need of the hour and an absolute necessity. The state has to extend welfare measures for them and enable them to fight against fanaticism, fundamentalism and separatism. Hence this Bill. AMAR SHANKAR SABLESEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for a national policy for the downtrodden backward and oppressed youth under which various facilities are to be provided to such youth. Clause 5 provides for employment opportunities and payment of unemployment allowance by the Government. Clause 7 makes it mandatory for the Central Government to provide requisite funds to carry out the provisions of the Bill. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is not possible at present to quantify the funds that may involve but it is estimated that a sum of rupees thirty thousand crore may involve as recurring expenditure per annum. Non-recurring expenditure to the tune of rupees twenty thousand crore may also involve for creating assets and infrastructure. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill gives power to the Central Government to make rules for carrying out the purposes of the Bill. The rules will relate to matters of details only. The delegation of legislative power is of normal character. ————— DESH DEEPAK VERMA, 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—1398GI(S3)—08-08-2018.