Private Members Bills (31 Nos)

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—24 REGISTERED NO. DL—(N)04/0007/2003—24 सी.जी.-डी.xएxलx.G-अI.D-2H10x8x2x024-256503 CG-DxxLx-EG-2I1D0E82x0x2x4-256503 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 10] ubZ fnYyh] 'kqØokj] tqykbZ 26] 2024@Jko.k 4] 1946 ¼'kd½ No. 10] NEW DELHI, FRIDAY, JULY 26, 2024/SRAVANA 4, 1946 (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 26th July, 2024:— Bill No. 48 of 2024 A Bill further to amend the Mahatma Gandhi National Rural Employment Guarantee Act, 2005. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Mahatma Gandhi National Rural Employment Guarantee Short title and (Amendment) Act, 2024. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 2. In Section 3 of Mahatma Gandhi National Rural Employment Guarantee Act, 2005,— 42 of 2005. of section 3. ‘‘(a) in sub-section (1), for the words "one hundred days", the words "two hundred and fifty days" shall be substituted ; and (b) for sub-section (2), the following sub-section shall be substituted, namely:— (2) Every person who has done the work given to him shall be entitled to receive wages at the rate of rupees seven hundred for each day of work or at such wage rate for each day of work as may be determined, whichever is higher.’’.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 STATEMENT OF OBJECTS AND REASONS The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 is a social security legislation that provides employment for rural population and ensuring minimum number of employment days. We all are aware that India is a Welfare State and Indian Constitution itself stipulates desirable implementation of the provision of Directive Principle of State Policy as enshrined in Part-IV of the Constitution. Even in Fundamental Rights as enshrined Part-III provides the right to a decent living, which is not possible without adequate means of living with gainful employment. The number of working days and wages being given under the Mahatma Gandhi National Rural Employment Guarantee Act is at present very less. Keeping in view, the current rate of inflation, the wages needs to be enhanced to an amount of rupees seven hundred per day and also there is need to enhance the number of days of employment under the Act to two hundred and fifty days. Hence this Bill. N EW DELHI; C. N. ANNADURAI July 3, 2024.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for increasing the number of days of employment of the registered persons from one hundred days to two hundred and fifty days under the Act. It also provides for ensuring minimum wage of registered persons to rupees seven hundred for each day of work. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees ten lakh crore per annum is likely to be involved from the Consolidated Fund of India. No non-recurring expenditure is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 Bill No. 30 of 2024 A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Short title. Act, 2024. 22 of 1950. 2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Part XIV, Amendment of the Tamil Nadu, for entry 18, the following entry shall be substituted, namely:— Schedule. ‘‘18. Kuruma, Kuruman, Kurumba, Kurmbagounder, Kurumban and Kurumbar.’’.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Kurumans is aboriginal tribe of Tamil Nadu and are dwelling throughout the State of Tamil Nadu with their tradition, culture, custom, traits, etc. but still being denied the ST categorisation and other affirmative actions in the better interest of the tribe community. As per the article 366(25) of the Constitution of India, Scheduled Tribe means such tribe or tribal communities or parts of or groups within such tribe for the purpose of Constitution of article 342(2) to specify the Tribe. Kurumans synonyms are presently deprived and denied their constitutional rights being extended to tribes. The said community is tribal by birth, culture, customs, traits, as concluded, under an ethnographic detailed study by the Tribal Research Centre, Ooty, Tamil Nadu. Moreover, as early as Meckenzie Manuscript's 1816, First India Surveyor General of India and other Tribal Literature viz. Madras General of Literature and Science support the Kurumans Tribes synonyms with common and generic name & culture, customs, history and origination, therefore, to be identified under ST Categorisation. In order to render the social justice and affirmative actions without further loss of time, this bill seeks to amend 'The Constitution (Scheduled Tribes) Order, 1950' for inclusion of Kurumans synonyms names such as "Kuruma, Kuruman, Kurumba, Kurmbagounder, Kurumban, Kurumbar tribes" in the ST List in order to render social justice to oppressed and suppressed Kurumans & its synonyms names. That will ensure constitutional protection to the adivasi's Kurumans tribal synonyms against all sorts of socio-economic exploitation. Moreover it will confer all Constitutional and Legal Rights to Kuruman generic tribes as guaranteed under article 46 of the Constitution. Hence this Bill. NEW DELHI; C.N. ANNADURAI July 3, 2024. ———— FINANCIAL MEMORANDUM The Bill seeks to include Kuruma, Kuruman, Kurumba, Kurmbagounder, Kurumban and Kurumbar as the synonym name of Kurumans to the list of Scheduled Tribes with respect to the State of Tamil Nadu by way of amending the Constitution (Scheduled Tribes) Order, 1950. The Bill, if enacted, would involve recurring and non-recurring expenditure on account of the benefits to be given under the schemes and programmes of the Government meant for social, educational and economic development of the Scheduled Tribes. At this stage, it is not possible to mention the exact amount which may be incurred on this account. However, it is estimated that a sum of approximately rupees thirty-five crore is likely to be involved as a recurring expenditure per annum. A non-recurring expenditure of about rupees seventy crore is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 Bill No. 33 of 2024 A Bill to provide for the setting up of a Commission to regulate and promote the development of Information Technology industry in the country and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Commission for Regulation and Development of Short title and Information Technology Industry Act, 2024. commencement. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means in the case of a State, the government of that State and in all other cases, the Central Government. (b) "Commission" means the Commission for Regulation and Development of Information Technology Industry established under section 3; and (c) "prescribed" means prescribed by rules made under this Act.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Establishment 3.(1) Notwithstanding anything contained in any other law for the time being in of force, the Central Government shall by notification in the official gazette, establish a Commission Commission to be known as the Commission for Regulation and Development of Information for Regulation Technology Industry to regulate and expedite growth of information technology Sector in and Development the country. of Information (2)The Commission shall consist of a Chairperson and four other members to be Technology appointed by the Central Government having such qualifications as may be prescribed. industry. (3)The Commission shall have such number of officers and staff as may be required for the efficient functioning of the Commission. (4)The conditions of service, salaries and allowances of Chairperson, members, officers and staff of the Commission shall be such as may be prescribed. Functions of 4. The Commission shall,— the Commission. (i) take appropriate steps to set up information technology parks in cities with population of more than one million and in cities having potential for development of information technology parks; (ii) recommend to the Central Government regarding concessions or incentives to be given to the Information Technology industry for the promotion of export of hardware and software; and (iii) such other functions as may be assigned to it by the Central Government, from time to time. Appropriate 5. The appropriate Government shall provide all assistance to the Commission in government making available land free of cost infrastructural facilities including electricity, water and to provide roads for setting up Information Technology parks in the cities as mentioned under facilities. section 4. Formulation 6. (1) The Central Government shall, as soon as possible, but in no case later than six of National months from the commencement of this Act, by notification in the official Gazette, formulate Policy on a national policy on setting up of information technology parks. setting up of Information (2)The policy formulated under sub-section (1) shall be reviewed at least once in Technology every three years or earlier, if such review is deemed necessary by the Central Government. Parks. Central 7. The Central Government shall, after due appropriation made by Parliament by Government law in this behalf, provide adequate funds for the implementation of the provisions of the to provide Act. funds. Act not in 8. The provisions of this Act shall be in addition to and not in derogation of any derogation of other aw for the time in force. other law. Power to 9. If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order, published in the Official Gazette, make such provisions not difficulty. inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act. Power to 10. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the purposes of the Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the HousesSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 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 Information technology industry is one of the fastest growing industries of the country. There is tremendous potential for further growth of this industry. What is needed is the formulation of a proper policy and assistance from the Government. If these are put in place, there is no doubt that our country will rank number one in terms of export of software and hardware. At present, there is no clear policy for the development of information technology in the country. The Government does not give any assistance to the companies working in this field. Several foreign companies are willing to set up their offices in our country but due to lack of required infrastructure they prefer to stay away. As a result these companies go to other countries who offer better infrastructure. This industry can prove to be a major source of revenue for the Government and also provide immense employment opportunities to our people but so far the Government has not done much to tap the huge growth potential of Information Technology industry. Therefore, it is proposed that a National Commission on Information Technology be set up to regulate and promote the development of information technology industry in the country. It is also proposed that a national policy on information technology be formulated. Hence this Bill. NEW DELHI; C.N. ANNADURAI July 3, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the establishment of a Information Technology Commission for Regulation and Development of Information Technology Industry. It also provides for the composition of the Commission and salaries and allowances of the Chairperson and members of the Commission. Clause 4 provides that the Commission shall set up information technology parks in cities with population of one million or more. Clause 5 provides that the appropriate Government shall provide all assistance to the Commission in setting up of information technology parks. Clause 7 provides for the Central Government to provide adequate funds. The expenditure relating to States shall be borne out of the Consolidated Funds of the respective States. However, the expenditure in respect of Union territories shall be borne out of the Consolidated Fund of India. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees ten thousand crore will be involved. A non-recurring expenditure of about rupees five thousand crore is also likely to be involved.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 Bill No. 43 of 2024 A Bill to provide for social security and welfare measure for artists and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Artists (Social Security) Act, 2024. Short title, extent and (2) It extends to the whole of India. commencement. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2.In this Act, unless the Context otherwise requires,— Definitions. (a) "artist" means a person who through his creative skill performs any activity concerned with the production, exhibition of imaginative designs, videos, sounds, actions or ideas including a person engaged in cinema industry either as an actor, dancer, singer, producer, photographer, editor or distributor of films or a group of persons who exhibit their skills in unison to produce or exhibit such designs, videos, sounds, action or idea but does not include a person who works under any State Government or the Central Government or in any Public Sector Undertaking under the control of the Central Government or a State Government;14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "Board" means the National Artists Security Advisory Board constituted under section 4; (c) "cinema" means a feature film or a documentary or a short film; (d) "Fund" means the National Artists Welfare Fund constituted under section 6; and (e) "prescribed" means prescribed by rules made under this Act. Framing of 3. The Central Government may formulate, from time to time, suitable welfare schemes welfare for artists on the matters relating to— schemes for artists by the (a) insurance covering life and disability; Central Government. (b) health and maternity benefits; (c) provident fund; and (d) old age protection. Constitution 4. (1) The Central Government shall, by notification in the Official Gazette, constitute of the a Board to be known as the National Artists Social Security Advisory Board to exercise the National powers conferred upon, and to perform the functions assigned to it, under this Act. Artists Social Security (2)The Board shall consist of the following, namely:— Advisory Board. (a) a Chairperson to be appointed by the Central Government; (b) two eminent artists to be nominated as members by the Central Government; and (c) the Secretary to the Government of India in-charge of the Ministry of Culture shall be the ex-officio member-Secretary to the Board. (3) The salary and allowances payable to and other terms and conditions of service of the Chairperson and members of the Board shall be such as may be prescribed. (4) The Central Government shall make available to the Board such number of officers and staff as may be required for efficient functioning of the Board. Functions of 5. The Board shall,— the Board. (a) make recommendations to the Central Government to formulate and implement suitable schemes for the welfare of artists; (b) advise the Central Government on such matters arising out of the administration of this Act as may be referred to it; (c) advise the Central Government regarding administration of the Fund; and (d) undertake such other functions as may be assigned to it by the Central Government from time to time. Constitution 6. The Central Government shall, by notification in the Official Gazette, constitute a of National Fund to be known as the Artists Welfare Fund for carrying out the purposes of this Act. Artists Welfare Fund. Central 7. The Central Government may, after due appropriation made by Parliament by law in Government this behalf, credit such sums of money to the Fund as it may think fit for being utilized for to grant the purposes of this Act. funds. Utilization of 8. The Fund shall be utilized to provide financial assistance to the artists for the Fund. following purposes:— (a) compensation in case of death or accident; (b) old age pension;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 (c) disability assistance; (d) free healthcare facility to the artists and their family members; and (e) subsidized housing facilities. 9. The provisions of this Act and the rules made thereunder shall have effect Act to have notwithstanding anything inconsistent therewith contained in any other law for the time overriding effect. being in force. 10. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2)Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India is a welfare State and it is the duty of the State to ensure that all sections of the society are covered by a State sponsored social security network. On account of their unorganized nature of profession artists do not get adequate social security. There is practically no welfare scheme for their benefit. There is an urgent need to enact a legislation to provide for social security and welfare of the artists so that they can live a life of comfort and dignity. The present Bill provides for:— (a) empowering the Central Government to formulate welfare schemes for the artists; (b) constitution of a Board to be known as the National Artists Social Security Advisory Board to recommend the Government to formulate and implement suitable schemes for welfare of artists; and (c) constitution of a Welfare fund to be known as National Artists Welfare Fund in order to provide social security to the artists in the country. Hence this Bill. NEW DELHI; RAVI KISHAN June 14, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 FINANCIAL MEMORANDUM Clause 4 provides for constitution of the National Artists' Social Security Advisory Board. Clause 6 provides for constitution of a Fund to be known as a National Artists Welfare Fund by the Central Government. Clause 7 provides for supply of fund by the Central Government. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. At this stage, it is difficult to give an exact estimate of expenditure likely to be involved as the exact amount of expenditure likely to be involved will depend upon the number of schemes formulated by the Government. However, it is estimated that an annual recurring expenditure of about rupees five hundred crore is likely to be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees two hundred crore is also likely to be involved.18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Act. Since the rules will relate to the matters of detail only. The delegation of legislative power is, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 Bill No. 28 of 2024 A Bill to provide for protection of traditional fishermen in the country and for welfare measures including life insurance coverage, healthcare, educational facilities to the children of traditional fishermen and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Traditional Fishermen (Protection and Welfare) Short title and Act, 2024. commencement. (2) 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) "accident" means an accident caused during the course of fishing activity including drowning;20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (c) "Authority" means the National Traditional Fishermen Welfare Authority constituted under section 3; (d) "traditional fisherman" means a person who generation by generation earns his livelihood by catching fish from the fisheries and whose only source of income is the money he earns from selling such fish; (e) "fisheries" which includes the management, catching, processing and marketing of fish; (f) "Fund" means the Traditional Fishermen Welfare Fund constituted under section 5; and (g) "prescribed" means prescribed by rules made under this Act. National 3. The Central Government shall, as soon as may be, but within one year from the Policy for the commencement of this Act, in consultation with the Government of the States having welfare of substantial population of fishermen, formulate, a national policy for the welfare of traditional traditional fishermen and their families and protect their fishing rights and interests. fishermen. Constitution 4. (1) The Central Government shall, as soon as may be, by notification in Official of the Gazette, constitute an Authority to be known as the National Traditional Fishermen Welfare National Authority for carrying out the purposes of this Act. Traditional Fishermen (2) The Authority shall be a body corporate by the name aforesaid, having perpetual Welfare succession and common seal, with power to acquire, hold and dispose of property both Authority. movable and immovable and to contract and shall, by the said name, sue or be sued. (3) The Authority shall consist of— (a) a Chairperson having adequate knowledge and professional experience in fisheries sector to be appointed by the Central Government in such manner as may be prescribed; (b) a Deputy Chairperson with such qualification, to be appointed by the Central Government in such manner as may be prescribed; (c) three members to represent traditional fishermen to be appointed by the Central Government in such manner as may be prescribed; (d) four members to represent the Union Ministries of Ministry of Fisheries, Animal Husbandry & Dairying (Department of Fisheries), Finance, Planning and Labour and Employment, to be appointed by the Central Government in such manner as may be prescribed; (e) five members of Parliament, of whom three shall be from the House of the People and two shall be from the Council of States, to be nominated by the Presiding Officers of the respective Houses; and (f) four members to be nominated by the Government of the States on rotation basis in alphabetical order. (4) The term of Office of the Chairperson, Deputy Chairperson and members of the Authority and the procedure to be followed in the discharge of the functions of the Authority shall be such as may be prescribed. (5) The salary and allowances payable to, and other terms and conditions of the service of the Chairperson and members of the Authority shall be such as may be prescribed. (6) The headquarter of the Authority shall be at Gorakhpur in the State of Uttar Pradesh.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 (7) The Authority may establish its offices at such other places, as it may deem necessary for carrying out the purposes of this Act. (8) The Authority shall have a secretariat with such Officers and members of staff and with such terms and conditions of services as may be prescribed. 5. (1) The Authority shall, subject to guidelines issued by the Central Government in Functions of this regard, in coordination with the State Governments take, steps for the overall welfare of the Authority. traditional fishermen including, removal of poverty and indebtedness, raising the standard of living and making easy availability of market for selling fish. (2) Without prejudice to the generality of the foregoing provisions, the Authority shall,— (a) implement the national policy for the traditional fishermen formulated under section 3; (b) maintain records of traditional fishermen in all villages and districts throughout the country; (c) maintain a district-wise register of traditional fishermen with such particulars and in such manner as may be prescribed; (d) provide modern tools and techniques for fishing to the traditional fishermen; (e) encourage and provide all necessary assistance to traditional fishermen cooperatives; (f) organize exhibitions, melas and such other activities to promote fisheries in different parts of the country; (g) make suitable arrangements for purchase of fishes by Government agencies on cash and carry basis; (h) encourage export of fish; and (i) perform such other functions as may be assigned to it by the Central Government from time to time. 6. (1) The Central Government shall, by notification in the Official Gazette, Constitution constitute a Fund to be known as the Traditional Fishermen Welfare Fund with a corpus of of the Traditional rupees five thousand crore. Fishermen (2) The Central Government and the State Governments shall contribute to the Fund Welfare Fund. in such ratio as may be prescribed. (3) There shall also be credited to the Fund such other sums as may be received by way of donations, contributions, assistance or otherwise from individuals, body corporates, financial institutions, firms and partnerships. (4) The Fund shall be administered by a Board of Trustees, which shall be constituted by the Central Government in such manner as may be prescribed. (5) The Fund shall be utilized for:— (a) interest free loans to traditional fishermen for purchasing of boats, nets and life boat; (b) making ex-gratia payments at prescribed rates to each of the bereaved families of traditional fishermen who die in accident; (c) life insurance cover to the traditional fishermen and their families; (d) healthcare facilities to the traditional fishermen and their dependent family members;22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (e) financial assistance to the traditional fishermen for the purchase and repair of fishing nets, boats and other equipments required for fishing; (f) unemployment allowance during illness or financial crisis during lean periods; (g) providing educational facilities and vocational training to the wards of; traditional fishermen; and (h) such other welfare measures as may be prescribed. Miscellaneous 7. The appropriate Government shall,— Provisions. (a) establish adequate number of schools and vocational training institutes and healthcare centres in and around the areas inhabitated by traditional fishermen for their benefit including their families and children; (b) protect the fishing rights and interests of the traditional fishermen; and (c) take such other measures as it may deem necessary for the protection and welfare of traditional fishermen. Central 8. The Central Government shall, after due appropriation made by Parliament by law Government in this behalf, provide to the Authority such sums as may consider necessary for the to provide efficient functioning of the Authority. Funds. Annual 9. (1) The Authority shall prepare, in such form and manner, as may be prescribed, an Report. annual report giving a true and full account of its activities during the previous year and submit it to the Central Government. (2) The Central Government shall cause the report submitted to it under sub-section (1) to be laid before each House of Parliament. Power to 10. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order published in the Official Gazette, make such provisions, not difficulties. inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of the period of two years from the date of the commencement of this Act. (2) Every order made under this section shall, as soon as may be, after it is made, be laid before each House of Parliament. Act not in 11. The provisions of this Act shall be in addition to and not in derogation of any derogation of other law for the time being in force regulating any of the matters dealt with in this Act. any other law for time being in force. Power to 12. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23 STATEMENT OF OBJECTS AND REASONS There are millions of traditional fishermen spread across various parts of our country. In the State of Uttar Pradesh the traditional fishermen are termed as 'nishad' or 'mallah'. Their main occupation and means of livelihood is catching fish and selling it in the market and they are doing this for generations. However, the fishermen and their families live in abject poverty nearly hand to mouth. There are many problems experienced by traditional fishermen, including a lack of skills, limited facilities, and extreme competition. For most of the traditional fishermen, it is their family profession which passes on from one generation to other and their entire families are involved in this profession. For them, fishing is the only source of their livelihood and prosperity. Since these poor fishermen are part and parcel of our society and ours being a welfare State, it is necessary that the fisherman too are provided with adequate insurance cover against accidents, healthcare, financial assistance in case of need, educational, vocational facilities for their children, etc. Urgent remedial measures have to be taken for the welfare and protection of traditional fishermen. It has, therefore, been proposed to establish the National Traditional Fishermen Authority and also the Traditional Fishermen Welfare Fund to improve the lot of traditional fishermen and save them from starvation in various parts of our nation. Hence this Bill. NEW DELHI; RAVI KISHAN June 14, 2024.24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill seeks to constitute the National Traditional Fishermen Welfare Authority. Clause 5 provides for certain steps to be taken by the Authority for welfare of traditional fishermen. Clause 6 provides for the constitution of the Traditional Fishermen Welfare Fund. Clause 7 provides for the appropriate Government to establish adequate number of schools and vocational training institutes and healthcare centres in and around the areas inhabitated by traditional fishermen for their benefit including their families. Clause 8 provides that the Central Government shall provide Funds to the Authority. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees five hundred crore may involve as recurring expenditure per annum. A non-recurring expenditure of rupees two hundred crore is also likely to be incurred. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 12 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25 Bill No. 58 of 2024 A Bill further to amend the Constitution of India. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2024. Short title. 2. In the Eighth Schedule to the Constitution, the existing entries 3 to 22 shall be Amendment re-numbered as entries from 4 to 23, respectively and before entry 4 as so re-numbered, the of the Eighth Schedule. following entry shall be inserted, namely:— "3. Bhojpuri.".26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Bhojpuri language which originated in the Gangetic plains of India is a very old and rich language having its origin in the Sanskrit language. Bhojpuri is the mother tongue of a large number of people residing in Uttar Pradesh, Western Bihar, Jharkhand and some parts of Madhya Pradesh as well as in several other countries. In Mauritius, this language is spoken by a large number of people. It is estimated that around one hundred forty million people speak Bhojpuri. Bhojpuri films are very popular in the country and abroad and have deep impact on the Hindi film industry. Bhojpuri language has a rich literature and cultural heritage. The great scholar Mahapandit Rahul Sankrityayan wrote some of his work in Bhojpuri. There have been some other eminent writers of Bhojpuri like Viveki Rai and Bhikhari Thakur, who is popularly known as the "Shakespeare of Bhojpuri". Some other eminent writers of Hindi such as Bhartendu Harishchandra, Mahavir Prasad Dwivedi and Munshi Premchand were deeply influenced by Bhojpuri literature. Bhojpuri language and its literature is gaining new heights because of the efforts made by various scholars. Many personalities with Bhojpuri background have achieved highest positions in the country. Various International Conferences have been organized to promote Bhojpuri. At present Indira Gandhi National Open University is planning to start a certificate course in Bhojpuri language. Recently, the Bhojpuri study centre had been established in Banaras Hindu University to propagate and develop the Bhojpuri language. In Uttar Pradesh and Bihar, movements have been initiated to give Bhojpuri language its due place. But it is unfortunate that the "Bhojpuri" language is yet to find a place in the Eighth Schedule to the Constitution. For the promotion of literacy and the development of this language, it is necessary that this language be included in the Eighth Schedule to the Constitution. Hence this Bill. NEW DELHI; RAVI KISHAN June 14, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27 Bill No. 40 of 2024 A Bill to provide for the constitution of Greenfield Infrastructure Board in each zone of the country to assess the availability of land in the respective zone and decide on the fitness of sites for development of a greenfield infrastructure project and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Greenfield Infrastructure Development Boards Short title, Act, 2024. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.28 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) "Board" means the Greenfield Infrastructure Development Boards constituted under section 3; (b) "economically backward regions" means the under-developed regions in the country that demonstrate characteristics such as low levels of income as well as poor infrastructure and connectivity including but not limited to States like Bihar, Jharkhand, Uttar Pradesh, Madhya Pradesh and Meghalaya; (c) "five year plan" means the plan to be created by the Greenfield Infrastructure Boards for their respective zones post the land survey including development landmarks, processes of commissioning projects, schemes and programmes of the Center and State Governments that may potentially be utilized for sanction of projects and systems and mechanisms of accountability; (d) "greenfield infrastructure" means the infrastructure developed on empty land or previously undeveloped land and a project whose commissioning, planning and construction process is carried out from the scratch and grass route level; (e) "infrastructure" means National Highways, ring roads, bypass, railway tracks, railway stations, regional air strips, under bridges and over bridges; (f) "prescribed" means prescribed by rules made under this Act; and (g) "zone" means the following six zones:— (i) North Zone comprising the States of Himachal Pradesh, Punjab, Uttarakhand and Haryana; (ii) East Zone comprising the States of Bihar, Orissa, Jharkhand and West Bengal; (iii) West Zone comprising the States of Rajasthan, Gujarat, Goa and Maharashtra, the South Zone comprising the States of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu; (iv) South Zone comprising the States of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu; (v) Central Zone comprising the States of Madhya Pradesh and Chhattisgarh; and (vi) North East Zone comprising the States of Assam, Sikkim, Nagaland, Meghalaya, Manipur, Mizoram, Tripura and Arunachal Pradesh. CHAPTER II GREENFIELD INFRASTRUCTURE DEVELOPMENT BOARDS Constitution 3. (1) With effect from such date as the Central Government may, by notification, of Boards. appoint, there shall be constituted, for the purposes of this Act, Boards in each zone to be known as the Greenfield Infrastructure Development Boards in such manner as may be prescribed. (2) Each Greenfield Infrastructure Development Boards constituted under sub-section (1) shall consist of:— (a) at least ten and not exceeding fifteen Members of Parliament representing the States in the zone taken up to be nominated by the Central Government-members, ex officio; (b) at least five and not exceeding eight Members of the State Legislative Assembly to be nominated by the Central Government in consultation with State Government concerned-members, ex officio;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29 (c) not exceeding ten representatives of the Central Government not below the rank of Joint Secretary or equivalent dealing with matters relating to infrastructure in the Ministries including but not limited to Road, Transport and Highways, Civil Aviation, Ports, Shipping and Waterways, Railways, Housing and Urban Affairs and Tourism to be nominated by the Central Government -members, ex officio; (d) not exceeding seven representatives of the State Governments not below the rank of Joint Secretary to that Government or equivalent dealing with matters relating to infrastructure to be nominated by the Central Government in consultation with the State Government -members, ex officio; and (e) not exceeding three specialists in the field of infrastructure and allied fields with a minimum experience of fifteen years in the respective zone to be nominated by the Central Government-members; (3) The Chairperson of the Boards shall be appointed from amongst the Members of Parliament in the Boards to be decided by consensus: Provided that the position of Chairperson shall not remain vacant for more than ten days. (4) The Central Government shall, for the purpose of enabling the Boards to perform functions under this Act, provide such number of officers and other employees as it may consider necessary. (5) The salary and allowances payable to and other functions, powers, terms and conditions of service of the officers and other employees appointed under sub-section (3) shall be such as may be prescribed. 4. (1) Each Board shall meet at such times and places and shall observe such rules of Meetings of procedure in regard to the transaction of business at its meetings in such manner as may be the Committees. prescribed: Provided that the Board shall meet at least twice in a year: Provided further that the Board shall be allowed to meet even in the absence of the Chairperson with the next senior-most Member of Parliament presiding over the meeting: Provided also that the meetings shall be convened by an officer as designated by the Chairperson. (2) Each Board may invite the representatives responsible for development of infrastructure as it may consider appropriate for the discharge of its functions. (3) The expenditure incurred on the Boards shall be in such manner as may be prescribed. 5. Each Board shall— Function of the (a) commission a survey of all the land area in their respective zones, to ascertain Committees. the need and scope of Greenfield Infrastructure Projects in their zones to enhance connectivity in such manner as may be prescribed; (b) fix the priority of the development work to be undertaken particularly in economically backward regions in each zone and draw out five year plans with fixed priorities and landmarks of development, financing model suitability, tendering processes, structure of accountability and any other matter as it deemed fit; (c) identify schemes and programmes of the Central or the State Governments under which the project may be carried out and submit the proposal thereof to the respective Government who in turn shall be required to revert with the feasibility of the project within thirty days; (d) submit the five year plans to the Central Government;30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (e) facilitate coordinated action to commission the proposed projects while deciding the best financing model suitability as well as remove constraints of any kind in the implementation of the projects; (f) resolve matters related to provision of land and space in consultation with the respective Government for faster roll out of priorities; (g) identify issues for follow up in each Houses of Parliament, State Legislative Assemblies and Local Governments for timely achievement of five year plan objectives; (h) intensively monitor all time bound deliverables of the five year plans; (i) closely review the flow of funds including the funds allocated and released by both Central Government and the State Government, utilization and unspent balances for each project; (j) have the authority to summon and inspect any record for the purposes of looking into complaints/alleged irregularities received in respect of the implementation of the projects including complaints of mis-appropriation and diversion of funds and recommend follow-up action; and (k) refer any matter for enquiry or suggest suitable action to be taken in accordance with the rules which should be acted upon by the concerned authority within thirty days. CHAPTER III ACCOUNTABILITY OF THE BOARDS Dissemination 6. (1) The knowledge and information collected or generated by each Board, including of but not limited to the five year plan shall be disseminated to all the stakeholders in written information format by a designated officer as nominated by the Chairperson. by the Boards. (2) The meetings shall be recorded and made publicly available through a Management Information System (MIS) Portal to be developed by the Central Government in such manner as may be prescribed: Provided that the proceedings of the meetings shall be recorded and uploaded on the MIS portal not exceeding five days after the conclusion of any meeting of the Board by a designated officer as nominated by the Chairperson. (3) The Central Government shall monitor the five year plans developed by each Board and ensure that the targets are achieved. CHAPTER IV MISCELLANEOUS Central 7. The Central Government shall, after due appropriation made by Parliament by law Government in this behalf, provide requisite funds to the Authority for carrying out the purposes of this to provide Act. funds. Act not in 8. The provisions of this Act shall be in addition to, and not in derogation of the derogation of provisions in any other law, for the time being in force. other laws. Power of 9. (1) The Central Government may, by notification, make rules to carry out the Central provisions of this Act. Government to make rules. (2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the qualifications, experience, functions, powers, and terms and conditions of service of the officers and other employees of the Boards under sub-section (3) and (4) of section 3;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31 (b) the time and place of the meetings of the Committees and the procedure to be followed at such meetings under sub-section (1) of section 4 and the expenditure incurred on the meetings of the Boards under sub-section (3) of section 4; (c) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the Central Government by rules. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both the Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS States, cities and villages face immense economic, demographic and environmental challenges that prompt the public and private sectors to rethink their conduct of business. These challenges share an underlying need for modern, efficient and reliable infrastructure as well as optimal land use. With an enhanced expenditure on capital, there is a multiplier effect that leads to millions of jobs generated in building and maintenance of the infrastructure as well as scope for easier and faster migration. This also provides for more effective delivery of services through last mile connectivity. Moreover, by connecting supply chains, these infrastructures enhance trade, commerce, tourism and travel by reducing costs of logistics and facilitating connectivity. For the entire country to grow, we need to enhance connectivity at all levels of administration and governance which requires a reassessment of potential infrastructural spaces of development. The need is to create a Greenfield Infrastructure Board in each of the six zones of the country. Greenfield Infrastructure refers to the infrastructure developed on empty land or previously undeveloped land and a project whose commissioning, planning and construction process is carried out from the scratch and grass route level. The Board shall be entrusted with carrying out an initial survey and developing a plan with a five year perspective to identify areas where a greenfield project can be developed, fix priorities as per the need to enhance the connectivity in Economically Backward regions first as well as coordinate to remove constraints related to provision of land and space and monitor the flow of funds. The need is also to assess the Central, Centrally Sponsored or State schemes and programmes wherein the requisite infrastructure can be built and include the same in the plan. It is also necessary that each Board shall have representation from the Central and State Governments including the Members of Parliament and Members, Legislative Assemblies. The Boards shall be required to meet at least twice a year to monitor the progress of the projects. They shall also be required to submit the plans developed by them to the Central Government and record all meetings to disseminate the information to all stakeholders. The Bill, therefore, seeks to assess the land in the entire country to identify areas for development of greenfield infrastructure to facilitate development of backward regions as well as support the entire economy through enhanced trade and commerce. Hence this Bill. New Delhi; RAJIV PRATAP RUDY June 18, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of the Greenfield Infrastructure Development Boards in each of the six zones in the country. It also provides for appointment of specialists, dedicated officers and other employees to each Board. Clause 7 of the Bill provides for the Central Government to provide adequate fund. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees two crore and fourty thousand per annum would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees sixty lakh is also likely to be incurred for survey.34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules regarding the qualifications, experience, functions, powers, and terms and conditions of service of the officers and other employees of the Boards, the time and place of the meetings of the Boards and the procedure to be followed at such meetings, etc. As the matters in respect of which rules may be made by the Central Government are matters of procedure and administrative details only, the delegation of legislative power is, therefore, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35 Bill No. 60 of 2024 A Bill further to amend the Constitution of India. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2024. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. For article 48A of the Constitution, the following article shall be substituted, Substitution namely:— of new article for article 48A. "48A. (1) The State shall endeavour to protect and improve the environment so Protection and as to ensure a pollution-free environment for its citizens and to safeguard the forests improvement of environment and wild life of the country. and safeguarding (2) The State shall, through such enforcement agencies as it consider necessary, strive of forests and wild life. hard to ensure that forty per cent. of the total geographical area of the country be covered under forest or areas covered by trees.". 3. In article 51A of the Constitution, for clause (g), the following clause shall be Amendment of substituted, namely:— article 51A. "(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures and to actively participate in the State's endeavour to promote the forest cover in the country to forty per cent. of the total geographical area.".36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Forests are key to all forms of life. They provide for the continuity of the world's biodiversity which is necessary for economic development, human livelihood, medical discoveries, and to provide environmental adaptive responses. Forests are also important because they stabilize climate, prevent soil erosion, watershed protection and provides habitat to thousands of life forms. Despite our dependence on forests, we are still allowing them to disappear. India accounts for about 2.4 per cent. of the total geographical area of the world and is also home to 17 per cent. of the world population. India is one of the richest countries in the world in terms of biodiversity making it one of the Mega-diverse countries accounting for nearly 8 per cent. of the species of the world. It is estimated that nearly 1/3rd of Indian plants are endemic, being found nowhere else in the world. To promote this diversity and economic growth the National Forest Policy, 1952 emphasized on the extension of forest and tree cover by proposing that 33% of the total geographical area should be under forest tree cover. The National Forest Policy, 1988 which was formulated four years before the Earth Summit 1992 embodies the principles of sustainable forest management and mandated an increase in the forest/tree cover in the country to 33 per cent. of the land area. However, according to the India State of Forest Report (ISFR) 2017, the total forest cover is 7, 08, 273 Sq. Km. which is only 21.54 per cent. of the total geographical area of the country. Forest and tree cover combined is 8, 02, 088 Sq. Km. and is 24.39 per cent. of the total geographical area. The Bill proposes to conserve the natural heritage of the country by preserving the remaining natural forests and at the same time also promote the increase in the forest cover with the vast variety of flora and fauna by ensuring that the State with active participation of the citizens will be able to preserve and promote the remarkable biological diversity and genetic resources of the country. It also enable the country to meet our climate change targets without any binding obligations. Hence this Bill. NEW DELHI; RAJIV PRATAP RUDY June 18, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37 Bill No. 25 of 2024 A Bill further to constitute District Development and Monitoring Committees in each district to promote efficient coordination among all elected representatives in Parliament, State Legislatures and Local Governments, including the Panchayati Raj Institutions and Municipal Bodies, for time bound development of districts through a streamlined model of monitoring and accountability for implementation of Central Sector and Centrally sponsored schemes in each district and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the District Development and Monitoring Committee for Short title, Implementation of Central Sector and Centrally Sponsored Schemes Act, 2024. extent and commencement. (2) It extends to the whole of India. (3)It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) "Central Sector Schemes" means poverty alleviation, social inclusion and livelihood generation programmes funded and implemented by the Central Government in States as per the national development agenda; (b) "Centrally Sponsored Schemes" means poverty alleviation, social inclusion and livelihood generation programmes funded partially by the Central Government and implemented by the States; (c) "Committees" means the District Development and Monitoring Committees; (d) "District" means the districts in a State; (e) "District Planning Committees" means the District Planning Committees formulated under article 243ZD of the Constitution; (f) "Lok Sabha" refers to the Lower House of the Parliament of India; (g) "Member of Parliament" means the elected representative of the people in the Parliament of India; (h) "MIS Portal" means the Management Information System developed by the Central Government wherein the records of the meeting are uploaded for display before all the relevant stakeholders; and (i) ''prescribed'' means prescribed by rules made under this Act. CHAPTER II DISTRICT DEVELOPMENT AND MONITORING COMMITTEE Constitution 3. (1) With effect from such date as the Central Government may, by notification, of appoint, there shall be constituted, for the purposes of this Act, Committees to be Committees. known as the District Development and Monitoring Committees of Central Sector and Centrally Sponsored Scheme, at the level of each district, consisting of the following members, namely:— (a) the Member of Parliament, Lok Sabha, elected from the district concerned to be nominated by the Central Government in such manner as may be prescribed-Chairperson, ex- officio: Provided that in case there are more than one Member of Parliament, Lok Sabha, representing the district, the senior-most Member of Parliament, Lok Sabha, shall be nominated as the Chairperson: Provided further that in case the district has more than one Parliamentary Constituency in Lok Sabha as its segment and the senior-most Member of Parliament, Lok Sabha, has been made the Chairperson in another district, the next senior-most Member of Parliament, Lok Sabha, shall be nominated as the Chairperson: Provided also that in case there is same seniority, the Member of Parliament, Lok Sabha, in whose Parliamentary Constituency the largest geographical area of the district falls shall be nominated as the Chairperson. (b) the other Members of Parliament, Lok Sabha, representing the district- Co-Chairpersons, ex-officio; (c) the District Magistrate-Member Secretary, ex-officio; (d) all Members of State Legislative Assembly elected from the district-Members, ex-officio; (e) not exceeding one representative of the State Governments to be nominated by the Central Government-Members, ex-officio;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39 (f) all Mayors and Chairpersons of Municipalities in the respective districts-Members, ex-officio; (g)not exceeding five elected heads of the Gram Panchayats in the respective districts- Members, ex-officio; and (h) such other member as nominated by the Nominating Committee comprising the following members, namely:— (i) the Chairperson of the Committees; and (ii) the Co-Chairpersons of the Committees: Provided that at least one member of the Committees under clause (f) shall be woman: Provided further that at least two members of the Committees under clause (g) shall be women. (2)The Committees shall be constituted within a period of thirty days from the date of commencement of this Act: Provided that the position of Chairperson shall not remain vacant for more than thirty days. 4. (1) The Committees shall meet at such times and places and shall observe such rules Meetings of of procedure in regard to the transaction of business at its meetings in the manner as may be the Committees. prescribed: Provided that the Committees shall meet at least once in each quarter of a year. (2) The Member Secretary shall be responsible for convening the meeting of the Committee: Provided that the Committees shall meet even in the absence of the Chairperson with the next senior-most Co-Chairperson presiding over the meeting. (3)The Committees may invite the representatives responsible for implementation of the Centrally Sponsored Schemes or other stakeholders as it may consider appropriate for the discharge of its functions. (4)The expenditure incurred on the Committees shall be in such manner as may be prescribed. 5. The Committees shall— Functions of the (a) ensure that all Central Sector Schemes and Centrally Sponsored Schemes Committees. as specified in the Schedule are implemented in accordance with their programme guidelines; (b) facilitate coordinated solutions to remove constraints of any kind in the implementation of the Central Sector Schemes and Centrally Sponsored Schemes; (c) resolve matters related to provision of land and space for faster roll out of priorities; (d) guide District Planning Committees about all the national programmes and their leveraged for transformation of the district; (e) identify issues for follow up for timely achievement of scheme objectives; (f) intensively monitor all time bound national initiatives for universal coverage; (g) recommend improvements in design of approved programmes and suggest mid-course corrections to address implementation constraints; (h) have the authority to summon and inspect any record to look into complaints and alleged irregularities received in respect of the implementation of the Central40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Sector and Centrally Sponsored Schemes including complaints of wrong selection of beneficiaries, mis-appropriation and diversion of funds and recommend follow-up action thereto; (i) refer any matter for enquiry to the District Collector or CEO of the Zila Panchayat or Project Director of District Rural Development Agency (or Poverty Alleviation Unit) or suggest suitable action to be taken in accordance with the rules which shall be acted upon by the concerned authority within thirty days; and (j) closely review the flow of funds including the funds allocated and released by both Central Government and the State Government, utilization and unspent balances under each Scheme. CHAPTER III ACCOUNTABILITY OF THE COMMITTEE AND SOCIAL AUDITS Dissemination 6. It shall be the responsibility of the Member Secretary of the each Committees to,— of (a) disseminate knowledge and information collected or generated by the information by the Committees to all the stakeholders in written format in such manner as may be prescribed; Committees. and (b) made publicly available the recording of the meetings of the Committees through an MIS Portal developed by the Central Government in not exceeding five days after the conclusion of such meeting. Ensuring 7. (1) The Central Government shall monitor the conduct of the meetings of the timely and Committees in such manner as may be prescribed: regular conduct of Provided that if the meetings of the Committees may not be conducted, the Central meetings. Government shall urge the District Collectors to convene the meetings. (2) The Central Government shall nominate five officers who shall randomly select ten districts per representative each year and attend the meetings of the respective Committees. (3) The officers nominated under sub-section (2) shall report the progress and conduct of the meetings to the Central Government in such manner as may be prescribed. (4) The expenditure incurred by the officers shall be in such manner as may be prescribed. CHAPTER IV MISCELLANEOUS Power to 8. (1) If the Central Government is satisfied that it is necessary or expedient so to do, amend it may, by notification, amend the Schedule and thereupon the Schedule, shall be deemed to Schedule. have been amended accordingly. (2) The Central Government shall make the necessary amendment to the Schedule within fifteen days of introduction or discontinuation of any Central Sector Scheme or Centrally Sponsored Scheme. (3)A copy of every notification made under sub-section (1) shall be laid before each House of Parliament as soon as may be after it is made. Power of 9. (1) The Central Government may, by notification, make rules to carry out the provisions Central of this Act. Government to make rules. (2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the time and place of the meetings of the Committees and the procedure to beSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41 followed at such meetings under sub-section (1) of section 4 and the expenditure incurred on the meetings of the Committees under sub-section (3) of section 4; and (b) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the Central Government by rules. (3)Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or 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.42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— THE SCHEDULE [See section 5(a)] CENTRAL SECTOR AND CENTRALLY SPONSORED SCHEMES 1. Mahatma Gandhi National Rural Employment Guarantee Program 2. Deen Dayal Antyodaya Yojana - NRLM 3. Deen Dayal Upadhyaya-Grameen Kaushalya Yojana (DDU-GKY) 4. National Social Assistance Progamme 5. Umbrella Programme for Development of Minorities 6. Umbrella Programme for Development of Other Vulnerable Groups 7. Umbrella Programme for Development of Scheduled Tribes 8. Umbrella Scheme for Development of Scheduled Castes 9. Prime Minister Jan Aarogya Yojana (by subsuming RSBY) 10. Blue Revolution 11. Border Area Development Programme 12. Environment, Forestry and Wildlife 13. Infrastructure Facilities for Judiciary 14. Jal Jeevan Mission (JJM)/National Rural Drinking Water Mission 15. Mission for Protection and Empowerment for Women 16. National Education Mission 17. National Health Mission 18. National Livelihood Mission - Ajeevika 19. Pradhan Mantri AwasYojna (PMAY) 20. Pradhan Mantri Gram SadakYojna 21. Pradhan Mantri Krishi Sinchayee Yojna 22. Soil Health Card 23. e-National Agriculture Markets (E-NAM) 24. Rashtriya Gram Swaraj Abhiyan (RGSA) 25. Shyama Prasad Mukherjee Rurban Mission 26. Swachh Bharat Mission 27. Swachh Bharat Mission (Gramin) 28. Digital India Land Records Modernization Programme (DILRMP) 29. Deen Dayal Upadhyaya Gram Jyoti Yojana (DDUGJY) 30. Urban Rejuvenation Mission: AMRUT and Smart Cities Mission 31. Heritage City Development and Augmentation Yojana (HRIDAY) 32. National River Conservation Plan-Other Basins 33. Fortification of Rice and its Distribution under Public Distribution System 34. Prime Minister Formalisation of Micro Food Processing Enterprises SchemeSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43 35. Safe Tourist Destination for Women 36. Strengthening Teaching-Learning and Results for States (STARS) 37. Development Programmes (Animal Husbandry) 38. Saksham Anganwadi and POSHAN 2.0 (Umbrella ICDS - Anganwadi Services, Poshan Abhiyan, Scheme for Adolescent Girls) 39. Mission Shakti (Mission for Protection and Empowerment for Women) 40. Mission VATSALYA (Child Protection Services and Child Welfare Services) 41. Pradhan Mantri Ayushman Bharat Health Infrastructure Mission (PMABHIM) 42. Digitalization of Primary Agriculture Cooperative Societies 43. Krishionnati Yojana 44. ASPIRE (Accelerating State Education Program to Improve Results) 45. Pradhan Mantri Poshan Shakti Nirman (PM POSHAN) 46. Prosperity through Cooperatives 47. Rashtriya Krishi Vikas Yojna 48. Revision of norms for Central Assistance released to States/ UTs for meeting expenditure on intra-state movement, handling of foodgrains and FPS dealers margin under NFSA 49. Green Revolution 50. National Programme of Mid Day Meal in Schools 51. India COVID-19 Emergency Response and Health System Preparedness Package (PhaseII) (DBS) (CSS) 52. Umbrella ICDS 53. White Revolution 54. Beti Bachao Beti Padhao44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Government implements several Central Sector Schemes and Centrally Sponsored Schemes to supplement the efforts of the State Government financially. These are also implemented to align the objectives of the National Development Agenda with that of the State's as well as to ensure inclusive development of all States by targeting key structural objectives like poverty elimination, social inclusion and livelihood guarantee. However, it has been witnessed that the systems of compliance and accountability for efficient and time bound implementation of these schemes have been lacking. Many problems like appropriate dispensation of funds or governance problems with respect to availability of land, impede the potential progress of these schemes. Therefore, to strengthen these mechanisms and for the effective dispensation of public goods, the District Development and Monitoring Committees are being instituted. These committees comprise the Members of Parliament who would monitor the progress of the Central Sector and Centrally Sponsored Schemes in the districts of their constituencies. The Committees include representations from the District Collectors, Members of State Legislative Assemblies, State Governments, Municipalities and Gram Panchayats, hence, covering all wings of the Government to ensure coordination and alignment of objectives. The functions of these Committees include coordination between all wings of the Government to solve problems of governance, resolving matters of land and space, recommending improvements in system design of the schemes, looking into appropriate dispensation of funds and following up with the Parliament, State Assembly and Local Government. The present Bill institutes mechanisms to ensure accountability of the Committees themselves. The minutes of the meeting are required to be recorded and uploaded on an MIS portal by the Central Government as well as information distributed to all the relevant stakeholders. Additionally, a randomized audit is also required to be conducted of a few districts each year to oversee whether the meetings are being conducted as per the prescribed mandate. It is important to note that the present Bill respects and keeps intact the division of power under the Seventh Schedule of the Constitution of India by having an advisory nature and a monitoring role of schemes with the Central Government's involvement. The Bill, therefore, seeks to provide for a smooth flowing system of accountability to effectively achieve universal coverage of all development schemes that have the involvement of the Central Government. Hence this Bill. NEW DELHI; RAJIV PRATAP RUDY June 18, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of the District Development and Monitoring Committees at the district level by the Central Government. Clause 4 provide for the meetings of the Committees. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that about rupees four crores and eight lakh per annum would involve from the Consolidated Fund of India. Clause 7 provides for deputing five officers from the Central Government to oversee the timely conduct of meetings of the Committee. In respect of this clause, an indicative recurring expenditure of about rupees eight lakh per annum is estimated. A non-recurring expenditure of about rupees sixty lakh is also likely to be involved.46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47 Bill No. 27 of 2024 A Bill to provide for the establishment of a Permanent Bench of the High Court of Kerala at Thiruvananthapuram. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the High Court of Kerala (Establishment of a Permanent Short title and Bench at Thiruvananthapuram) Act, 2024. commencement. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 2. There shall be established a permanent Bench of the High Court of Kerala at Establishment of Thiruvananthapuram and such Judges of the High Court of Kerala, being not less than five a Permanent Bench of High in number, as the Chief Justice of that High Court may, from time to time nominate, shall sit at Court of Thiruvananthapuram in order to exercise the jurisdiction and power for the time being vested Kerala at in that High Court in respect of cases arising in the district of Thiruvananthapuram and such Thiruvananthapuram. other territories within that State as the President may by notification specify.48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The principal seat of the Kerala High Court is at Ernakulam, which is situated at a distance of 200 kilometers from the State Capital, Thiruvananthapuram. Ever since the formation of the State of Kerala in 1956, there has been a demand for the establishment of a permanent Bench at the State Capital. It has been observed that the State is a principal litigant in a majority of cases pending in the High Court of Kerala. This leads to the State Government incurring considerable expenditure on account of travelling allowance and leave allowance given to the Government employees for travelling from Thiruvananthapuram, the state capital to Ernakulam for depositions. Moreover, it has been the policy of the successive Governments that justice should be taken to the doors of the litigants and therefore the litigants should not be compelled to go long distance to the Court. In the interest of administration of justice, the court must be easily accessible to the litigants and witnesses. It will be, therefore, appropriate if a Bench of High Court is established at Thiruvananthapuram. Hence this Bill. NEW DELHI; SHASHI THAROOR June 18, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49 Bill No. 26 of 2024 A Bill to amend the Transgender Persons (Protection of Rights) Act, 2019. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Transgender Persons (Protection of Rights) Short title and Amendment Act, 2024. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 40 of 2019. 2. After section 8 of the Transgender Persons (Protection of Rights) Act, 2019 Insertion of (hereinafter referred to as the principal Act), the following section shall be inserted, namely:— new section 8A. "8A. (1) Every Government establishment shall reserve at least one per cent. of Reservation in the total vacancies for transgender persons in each category including General, the Employment. Scheduled Castes, the Scheduled Tribes and the Other Backward Classes, meant to be filled by direct recruitment in such manner as may be prescribed: Provided that if sufficient number of transgender persons are not available, such unfilled vacancies shall be filled by male or female candidates belonging to the same category in such manner as may be prescribed. (2) For the purpose of direct recruitment of transgender persons under sub-section (1), there shall be a separate column of "Others" along with the male and female categories in the Gender Section of the application form for all such posts.". 3. After section 13 of the principal Act, the following section shall be inserted, Insertion of namely:— new section 13A. "13A. Every educational institution funded or recognised by the appropriate Reservation in Government including preschool, primary, secondary and higher education and Educational Institutions. universities (including a technical, trade, or vocational school) shall reserve at least of one per cent. of the total seats in each class or course for the transgender persons in such manner as may be prescribed.".50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS For centuries, the transgender community has been ostracized across the world leading to denial of basic human rights that cisgender individuals enjoy. This extreme social exclusion has translated to increased marginalisation and limited access to opportunities. Offering a glimmer of hope, the Hon'ble Supreme Court of India passed a landmark judgement on the April 15, 2014 which acknowledged the rampant discrimination faced by the transgender community and recognised their constitutional rights to equality, liberty and dignity. As a means to uplift the trans people, the Court further directed the Central and State Governments to take proactive steps towards the advancement of their community. This included extending "all kinds of reservation in cases of admission in educational institution and for public appointments" as the community is "entitled to reservation in the matter of appointment, as envisaged under Article 16(4) of the Constitution". In 2021, the Central Government had moved a Cabinet note proposing to add transgender persons to the list of Other Backward Classes (OBCs). Although created with the right intentions of addressing the plight of the transgender community, the proposed legislation amounts to vertical reservation for the community which fails to account for the intersection between caste identities and the diverse notion of gender. Such an arrangement results in certain caste groups left with entrenched discrimination and stigma on both these accounts. According to a study conducted by the Centre for Law and Policy Research on the experience of intersectionality, Dalit transgender persons faced the most violence in school and were especially vulnerable to sexual violence at work with 33 per cent. reporting sexual assault and harassment at work. They also faced harassment in their interactions with police officials: 23 per cent. of Dalit transgender persons were forcibly denuded or stripped by the police and 19 per cent. were sexually assaulted when they approached the police seeking assistance. It extended to matters pertaining to accessing public transport and public spaces as well such as parks (50 per cent.), police stations (46 per cent.) and Government hospitals (43 per cent.). Furthermore, 56 per cent. of Dalit transgender respondents were forced to engage in sexual activity to access shelter, food or gain employment. In the state of Karnataka, horizontal reservation has been implemented for transgender persons in the state civil services across all caste categories by providing 1 per cent. separate reservation for transgender persons within each 'vertical' SC/ST/OBC/General category. This adequately tries to redress the discrimination received by the community of complex social and economic dimensions. A policy of horizontal reservation recognises the intersectionality of caste, class and gender and the nuances of discrimination, creating an environment that is inclusive and allows every individual of the transgender community to thrive in every space of society. Hence this Bill. NEW DELHI; SHASHI THAROOR June 18, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51 Bill No. 56 of 2024 A Bill further to amend the Constitution of India. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2024. Short title, and (2)It shall come into force on such date as the Central Government may, by notification commencement. in the Official Gazette, appoint. 2. In article 43A of the Constitution, for the words, 'engaged in any industry', the Amendment words, 'engaged in any industry including labour engaged in plantation industry' shall be of article 43A. substituted.52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Forty-second amendment Act, 1976 was a seminal legislation that added many seminal worker and downtrodden friendly provisions to the constitution. One such Article hitherto inserted is the Article 43A. It seeks to promote the involvement of labour in the way industries and other enterprises are being run. It is well known that the plantation labour in India is one of the most marginalised sections amidst the labour community. Despite their whole lives dedicated to the upkeep of the plantation estates, they seldom get the fruits of their labour. They live in subhuman conditions with scant avenues for social mobility. There is a need for an urgent intervention to make sure that they get a fair share of their labour by getting an opportunity to be part of the management. The Bill seeks to achieve this aim. Hence this Bill. NEW DELHI; DEAN KURIAKOSE June 21, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53 Bill No. 63 of 2024 A Bill further to amend the Constitution of India. Be it enacted by the Parliament in the Seventy-fifth year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2024. Short title and commencement. (2) It shall come into force on such date as the Central Government, may by notification in the Official Gazette, appoint. 2. After article 49 of the Constitution, the following article shall be inserted, namely:— Insertion of new article "49A. The State shall endeavour to— 49A. (a) include lessons regarding secularism in the school and college Promotion of curriculum; and secularism. (b) encourage exercises and social conventions that foster the unity and integrity of India by promoting a sense of fraternity that is firmly rooted in the secular ethos of the Republic.".54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Indian model of secularism is very different from the European model of secularism. It is rooted in the ideals of cooperation and harmonious existence. The state is not completely separated from religion. Rather, the state treats every religion equally and promotes an atmosphere of harmonious co-existence. This is because, the founding fathers of the republic realised that the state has to play a pro-active role in maintaining the secular fabric of the country. The elected union government and other organs of the state should uphold the secular spirit of the constitution. But, the secular ethos of the Constitution is not something, that could be left to the vagaries of transient electoral majorities. The nature of Indian society must be protected by inculcating a spirit of fraternity amongst all communities that reside in India. To ensure this, a constitutional mandate must be placed over the elected governments to inculcate the spirit of secularism through school and college education. Hence this Bill. NEW DELHI; DEAN KURIAKOSE June 21, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55 Bill No. 34 of 2024 A Bill to regulate and control the rabid animals for the prevention and control of rabies in the interest of the public health and for matters connected thereto. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Rabies Control Act, 2024. Short title, extent and (2) It extends to Union territories only. commencement. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires;— (a) 'animal' means any mammal of species naturally susceptible to rabies, except man; (b) 'authority' means the Licensing and Registering Authority constituted under section 7; (c) 'authorised officer' means an officer appointed by the Department to issue licence under this Act or to carry out any function under this Act as required; (d) 'department' means the Department of Animal Husbandry and Dairying under Union Ministry of Fisheries, Animal Husbandry and Dairying; (e) 'dog' means an animal belonging to the species (Mammals) Canis familiarizes of the order of mammals Carnivora; (f) 'exposed to rabies' means a person or an animal being bitten, scratched or licked by or having being other direct physical contact with a rabid dog or a dog or other animals suspected of being affected with rabies; (g) 'infected area' means an area which is declared to be an infected area for the purpose connected with the control and elimination of rabies by an order of the Department; (h) 'licence' means a licence granted under this Act and includes any permit, approval or other form of authorization; (i) 'local authority' means the members of the public authorized by the Department or the local Panchayat or local urban bodies of the area concerned; (j) 'notification' means a notification published in the Official Gazette; (k) 'owner' means every person who is the sole or part owner of any animal and includes any person who is in-charge of an animal, and the occupier of the premises on which any animal is found shall be deemed to be the owner of such animals until the contrary is proved; (l) 'prescribed' means prescribed by rules made under this Act; (m) 'stray dog' means any dog not kept in compliance with the regulations of rabies control; (n) 'vaccination' means the administration of all approved anti-rabies vaccine to an animal; (o) 'veterinary hospital' means an institution or centre by whatever name called where such animals are admitted for treatment; (p) 'veterinary officer' means an registered Veterinary Practitioner appointed by the Central Government to receive information about animals and car cases affected or suspected of being affected with specified diseases for the area in which the animal or carcass exists. Notice of 3. (1) A person who know or suspect that an animal is exposed to rabies or was at the Rabies or time of its death so affected, shall with all practicable speed, give notice to an officer of the suspected local authority, a health worker or to an officer-in-charge of the respective Police Station in rabies. such manner as may be prescribed. (2) The officers of the local authority, healthcare worker or officer-in-charge of the Police Station as the case may be, upon receipt of information, he shall immediately transmit the information received by him in the most expeditious manner in all cases to the Veterinary Officer.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57 4. Where the department believes or suspects that rabies exists in an area, may by Declaration of order declare that area together with any adjoining area in to which he considers that there infected area. may be a possibility of rabies spreading to be an infected area for the purposes connected with the control and eradication of that disease. 5. (1) The Veterinary Officer shall cause any dog or other animals bearing proof of valid Determination vaccination having registration taken or certificate which has been exposed to rabies, to be or destruction re-vaccinated or to be detained at home, nuzzle and leash confinement for ninety days under of any dog or exposed to veterinary surveillance. rabies. (2)The dog or other animals shall be presented twice a month before the Veterinary Officer. (3) A Veterinary Officer shall cause any stray dog or any other animal which has been exposed to,— (a) a dog or any other animals of suspected or unknown rabies status to be destroyed without payment or any compensation to the owner; (b) a known rabid dog or any other rabid animals to be destroyed for with under the powers conferred under sub-section (3). 6. (1) The department may require that all dogs and other animals over the age of three Vaccination of months shall be vaccinated against rabies and that the vaccination shall be repeated every dogs and other twelve months. animals in an infected area. (2)The vaccination shall be carried out by the Department at such place and as such time with the collaboration of the local authority. (3) Every owner shall present his dog or a pet animal for vaccination and the veterinary officer of the area concerned shall provide the owner with a certificate of vaccination in such manner as may be prescribed. (4) Any owner not presenting his dog or dogs for vaccination shall be guilty of an offence punishable under this Act. (5)If a dog is not vaccinated and is suspected to be exposed to rabies, it may be seized and kept under observation and if it starts to show symptoms, it could be destroyed for with under the powers conferred by sub-section (3) of section 5. 7. (1) There shall be constituted an authority to be called the Licensing and registering Registration and licencing authority consisting of such number of Veterinary Officers to cause registration of dogs over of dogs. the age of three months and thereafter annually in such manner as may be prescribed. (2) Every dog owner shall— (a) present the dog on its attaining the age of three months at such time and place as determined by the Department for registration and licensing of dogs; (b) produce a certificate that the dog had been vaccinated at the period of not more than twelve months; and (c) pay such registration and licensing fee as may be determined by the department by notification. (3) The Licensing and Registering Authority shall,— (a) provide the owner with a certificate of registration of the dog; and (b) provide distinguishing token collar as proof of registration. (4) Every adult dog shall be registered and licensed in every twelve months in such manner as may be prescribed.58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (5) Any owner not presenting their dog or dogs for annual registration or licensing shall be guilty of an offence under this Act and shall be liable to a fine or rupees one hundred which may extend to rupees five hundred. (6) The license and the certificate of registration shall be renewed in such manner as may be prescribed. (7) The Central Government may, by notification in the Official Gazette— (a) ascertain first vaccination age of dogs; (b) declare time for providing booster dose; (c) prepare annual schedule of registration; (d) postpone registration schedules for want of vaccine stock for unavoidable circumstances. Seizure, 8. (1) A Veterinary Officer, an Officer of the local authority or Officer-in-charge of the detention and respective Police Station may, after due notice has been given to the members of the public disposal of in the area, seize and detain or destroy any stray dog in the area duly applying the provisions animals not namely:— under control. (a) the local authority shall take all reasonable steps to draw the attention of members of the public in their area in the address or location of any place at which dogs seized under sub-section (1) to a period for three days unless claimed by or on behalf of its owner within that period; (b) an owner claiming his dog from a place of detention under the provisions of sub-section (1) shall be liable to appropriate penalties and fines if it is established that he has committed offences under sub-section (5) of section 7 of this Act; (c) where a dog seized under this section is not claimed by or on behalf of its owner within the period specified under clause (a) of sub-section (1) of section 8, the local authority may order it to be destroyed and disposed of its carcass; (d) where circumstances prevents a dog which is liable to be seized under this section from being so seized , it shall be lawful for a Veterinary Officer or an Officer of the local authority of Officer-in-charge of the respective Police Station to destroy the dog without seizing it; (e) the Department shall issue guidelines on the methods to be applied for destruction of stray dogs; (f) a Veterinary Officer of the local authority or Officer-in-charge of the respective Police Station may enter any land for the purpose of seizing and destroying a dog which is liable to be seized under this Act; and (g) the local authority shall be responsible for the collection and safe disposal of the carcasses of any dog destroyed under this Act. Offences. 9. Any person who contravenes any provisions of this Act shall be punishable with a fine of rupees five thousand or an imprisonment for a period of one month or with both. Power to 10. If any difficulty arises in giving effect to the provision of this Act, the Government remove may, by general of special order published in the Official Gazette, make such provisions not difficulties. inconsistent with the provisions of this Act as may appear to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act. Power to 11. (1) The Central Government may be, by notification, make rules to carry out all or make rules. any of the purposes of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59 (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) charges to be levied for registration and vaccination. (b) manner of disposal of carcass and charge of its disposal. Cost of destruction of stray animals affected with rabies. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of thirty days as aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be made without prejudice to the validity of anything previously done under the rule.60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Dogs have been the companions of humans for a long time. They deserve just and humane treatment. At the same time, they also deserve to be cared for at a place under good human supervision. If such a supervision is not available, they could turn into a menace. While individual dogs actually help humans and live in a symbiotic relationship, uncontrolled expansion of canine population could lead to their packs turning into more and more territorial and aggressive behaviour. There has been many documented cases in which dogs from such packs attacking humans without any provocation. In many States like Kerala and Jammu and Kashmir, stray dog menace has reached epic proportions. There are legislations on force in States like Sikkim where there are measures available to control the stray dog menace. Such a legislation also helps to control the population and ensure quality care to existing dog population. Instituting a mechanism to ensure control of canine population and also control spread of rabies is in the best interest of people and dogs living with them. The Bill, therefore, seeks to regulate the destruction of rabid animals and for the prevention and control of the disease in the interest of the public health. Hence this Bill. NEW DELHI; DEAN KURIAKOSE June 21, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61 FINANCIAL MEMORANDUM Clause 7 of the Bill provides for the constitution of the Licensing and Registering Authority for the purpose of registration of dogs over the age of three months and thereafter annually. The Bill, therefore if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of rupees ten crores will be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees two crore is also likely to be involved.62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63 Bill No. 61 of 2024 A Bill further to amend the constitution of India. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2024. Short title, and (2) It shall come into force on such date as the Central Government may, by notification commencement. in the Official Gazette, appoint. 2. In article 81 of the Constitution,— Amendment of article 81. (a) in clause (1), after sub-clause (b), the following proviso shall be inserted, namely:— "Provided that at least ten seats under clause (a) shall be reserved for the persons below the age of thirty-five years to be chosen by direct election, on rotation basis, in such manner as the Parliament may, by law, determine.". (b) after clause (3), the following clause shall be inserted, namely:— "(3A). The reservation of seats for the persons below the age of thirty- five years to the House of the People under clause (1) shall come into effect from the next general election after the enactment of the Constitution (Amendment) Act, 2024.".64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India has more than 50 percent of its population below the age of twenty- five and more than 65 percent below the age of thirty-five. The country's median age is twenty-eight. India as a country is young. However, its leaders are not. The average age of an Indian parliamentarian is fifty-five. In particular, young citizens are an "excluded majority" with an insufficient presence. Today, those under the age of thirty-five represent more than half of the world's population but in political office, as elected representatives, they are a clear minority. This in itself is a democratic deficit. If voters are seeking representatives who reflect their interests, they may choose candidates who are roughly their age. This proactive measure of reserving seats in the House of the People will send a signal to our youth that they also have a place in politics. Young adults need representatives whom they can relate to, and who are sensitive to their aspirations and motivated to raise issues that impact them as well. Our youth population is one of the largest in the world and this creates a demographic dividend that could play a significant role in making India a developed nation. As a young country, we should aim to include the youth in our legislative procedures and discussions, making them the custodians of their own future. They can be indispensable in crafting policies that are futuristic and take into account new and emerging challenges. If India desires to become a world leader, it must make a conscious effort to give its youth a chance to voice their opinions as an integral part of the House of the People. Thus, in order to facilitate greater participation of young Indians as public representatives in policy-making at the national level, it is imperative to introduce this constitutional amendment to provide for ten seats of the total number of seats in the House of the People for individuals under the age of 35 years who have presented themselves to the electorate in the general elections but failed to secure the election in their own right from a constituency. These ten unsuccessful candidates under the age of 35 years with the best voting percentage in their constituencies shall be deemed elected, and these ten seats would be considered reserved. Hence this Bill. NEW DELHI; SHASHI THAROOR June 26, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65 Bill No. 24 of 2024 A Bill to provide for setting up of residential schools for children belonging to the Scheduled Castes and the Scheduled Tribes and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Residential Schools (for Scheduled Castes and Short title, Scheduled Tribes) Act, 2024. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definition. 2. In this Act, unless the context otherwise requires, "appropriate Government"' means in the case of a State, the Government of that State and in all other cases, the Central Government; Central 3. (1) The Central Government shall set up a residential school in every area having Government such high population of the Scheduled Castes or the Scheduled Tribes as it may deem to set up appropriate. residential schools for (2) The residential school shall cater to the schooling need of children belonging to the Scheduled the Scheduled Castes and the Scheduled Tribes only. Castes and Scheduled (3) The residential school shall conduct classes from nursery to twelfth standard. Tribes. (4) The medium of instruction shall be English, Hindi and the language of the State in which the school is located. (5) No fees or other expenses, whatsoever, shall be charged from any student and the education shall be imparted free of cost to the children. Appropriate 4. The appropriate Government shall provide land free of cost for setting up of Government residential schools within its territorial jurisdiction and shall not charge any money for to provide providing essential services like electricity and water. land for setting up of residential schools. Residential 5. (1) The residential schools shall be affiliated to Central Board of Secondary schools to be Education, New Delhi and shall follow the curriculum prescribed by it. a?liated to CBSE. (2) The students shall also be given training in vocational courses of their choice. Residential 6. The residential schools shall have all basic infrastructure facilities like playground, schools to library, laboratories, hostels, dining facilities, etc. have basic facilities. Power to 7. (1) The Central Government may by notification in the Official Gazette, make rules make rules. for carrying out the purposes of this Act. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67 STATEMENT OF OBJECTS AND REASONS Certain areas of our country have large population of the Scheduled Castes and the Scheduled Tribes. But there are not enough educational facilities in those areas. The children belonging to the Scheduled Castes and the Scheduled Tribes, being generally poor, cannot afford good education in private schools and the number of good Government schools are limited in number. Therefore, it is proposed that free residential schools should be set up exclusively for children belonging to Scheduled Castes and Scheduled Tribes with all facilities in those areas where the population the Scheduled Castes or the Scheduled Tribes is significantly high. Hence this Bill. NEW DELHI; CHANDRA SHEKHAR AZAD June 26, 2024.68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill seeks to set upresidential schools exclusively for children belonging to the Scheduled Castes and the Scheduled Tribes in areas where their concentration is high. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is likely to involve an annual recurring expenditure of about rupees three hundred crore. A non-recurring expenditure of about rupees five hundred crore would also be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 7 of the Bill seeks to empower the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69 Bill No. 39 of 2024 A Bill to provide for reservation for the Scheduled Castes, the Scheduled Tribes and the Other Backward Classes in private sector and for matters connected therewith. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Reservation for the Scheduled Castes, the Scheduled Short title and Tribes and the Other Backward Classes in Private Sector Act, 2024. commencement. (2) 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) “private sector” means any organization, establishment, educational institutes or institution which is owned fully by private individual or corporation or limited company or an organization in which the Government of India or a State has no financial interest and wherein not less than twenty persons are employed; and (b) “prescribed” means prescribed by rules made under this Act. 3.(1) The Central Government shall give due encouragement to private sector to Government make provisions for reservation in favour of persons belonging to the Scheduled Castes, provide incentives to the Scheduled Tribes and the Other Backward Classes in their establishment/organisation. Private Sector (2)The encouragement as provided in sub-section (1) may include— to make provisions for (i) special concessions under various existing Central schemes; and reservation. (ii) loans from nationalized banks at lower rate of interest. 4.The Central Government shall cause an annual report to be laid before both the Annual report. Houses of Parliament on the action taken under this Act. 5.(1) The Central Government may, by notification in the Official Gazette, make rules Power to make for carrying out the purposes of this Act. rules. (2)Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS At present, reservation is available for persons belonging to the Other backward Classes, the Scheduled Castes and the Scheduled Tribes in service and posts under the Central Government. The number of posts and appointments in Government sector come down considerably, especially after the economic liberalization. Today, private sector has become more important and job oriented. In such scenario, the private sector is more involved in the nation building activities alongwith infrastructure and economical projects. People belonging to Other Backward Classes, Scheduled Castes and Scheduled Tribes find it very difficult to get into Government service due to availability of less number of posts. Under the provisions of article 16(4) and 16(4A) of the Constitution, Public Sector Undertakings (PSU) including Public Sector Banks under the Central Government and Financial Institutions are following the instructions issued by the Government of India mutatis mutandis. Implementation of the Provisions or reservation is a pre-requisite for such voluntary organizations, autonomous bodies/institutions etc. where the body receiving grant-in-aid, employs more than twenty people on regular basis and minimum fifty per cent. of its recurring expenditure is met by grant-in-aid of the Central Government and such body should be a registered society of any cooperative society and should be in receipt of rupees two lakh or more from the Consolidated Fund of India as annual grant-in-aid for general purpose. There are several schemes and special provision in the country for the welfare of the people belonging to the Other Backward Classes, Scheduled Castes and Scheduled Tribes. However, in spite of all these measures, there has not been any big change visible in their socio-economic status. In this situation, their presence is very vital in the private sector in order to ensure their all-round development. At present, there is no provision for reservation of persons belonging to Other Backward Classes, Scheduled Castes and Scheduled Tribes in private sector. However, the Government also cannot pressurise them to provide reservation. In such a scenario, the private sector can be incentivised to provide reservation to persons belonging to Other backward Classes, Scheduled Castes and Scheduled Tribes by way of making provisions for concessions and special schemes. Hence this Bill. N EW DELHI; CHANDRA SHEKHAR AZAD June 26, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71 Bill No. 54 of 2024 A Bill to establish schools imparting education upto senior secondary level free of cost to all children in the country. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Establishment of Schools Upto Senior Secondary Short title, Level Act, 2024. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2.In this Act, unless the context otherwise requires,— (a) “appropriate Government” means in case of a State, the Government of that State and in all other cases, the Central Government; and (b) “child” means a boy or a girl who is below the age of eighteen years. Establishment 3.(1) The appropriate Government shall establish adequate number of schools upto of schools senior secondary level to impart education to children from class first to senior secondary upto senior level. secondary level. (2) For the purpose of sub-section (1), the appropriate Government may, if it deems necessary, upgrade any of the existing primary, middle or secondary school to senior secondary level. (3)Notwithstanding anything in sub-section (1), there shall be at least one senior secondary school per one thousand population in every area. Facilities to 4.The appropriate Government shall provide the following facilities to every child be provided to enrolled in a school established or upgraded under section 3:— the students enrolled in (i) cost of admission and all other expenditure including tuition fee; schools. (ii) books, notebooks and all other stationary items free of cost; (iii) free hostel facilities, whenever necessary; and (iv) scholarship in deserving cases. Duty of 5.(1) It shall be compulsory for every parent to admit their wards in school for the parents to purpose of education upto senior secondary level. send their wards to (2)No person shall employ any child in any job which prevents him from attending schools. school. Penalty. 6.Whoever prevents any child from getting education upto senior secondary level shall be punished with simple imprisonment for a term which may extend to six months. Grants by the 7. The Central Government shall, after due appropriation made by Parliament by Central law in this behalf, provide to the State Governments by way of grants such sums of money Government. as the Central Government may think fit for being utilized for the purposes of this Act. Act not in 8. The provision of this Act shall be in addition to and not in derogation of any other derogation of law, for the time being in force in relation to any of the matters provided under this Act. other laws. Power to 9. (1) The appropriate Government may, by notification in the Official Gazette, make make rules. rules for carrying out the purposes of this Act. (2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State legislature.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 73 STATEMENT OF OBJECTS AND REASONS While a large number of primary, middle and secondary schools have been established, the students, especially in big cities, have to face hardships in securing admission to senior secondary schools because, in most of the cases, the last attended school imparts education upto primary, middle or secondary level. Students are compelled to run to district education office, schools and other authorities to get recommendations or relevant certificates to fulfil the formalities for admission in senior secondary schools. In such a situation, it is quite natural that the children as well as parents have to suffer mental agony. Therefore, it has become necessary in the public interest to provide for the establishment of schools imparting education from classes first to twelfth or upgrade the existing primary, middle or secondary level schools to senior secondary level. Hence this Bill. NEW DELHI; CHANDRA SHEKHAR AZAD June 26, 2024.74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for establishment of adequate number of schools or upgrade the existing primary, middle or secondary level schools upto senior secondary lev- el. Clause 4 provides that the appropriate Government shall bear the cost of admission and all other expenditure including providing of free of cost books, notebooks, stationary item, hostel facility and scholarship to the students enrolled in schools. Clause 7 provides that the Central Government shall provide funds to the State Governments for establishment of schools. The Bill, if enacted, would involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees fifty crore per annum. A non-recurring expenditure of about rupees seventy five crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the appropriate Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75 Bill No. 51 of 2024 A Bill to provide for the establishment of an Airfare Regulatory Board for monitoring and regulation of airfare and for matters connected therewith. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1.(1) This Act may be called the Airfare Regulatory Board Act, 2024. Short title extent and (2) It extends to the whole of India. commencement. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) “airline” means all commercial flights operating in the country either on domestic or international routes; (b) “appropriate Government” means in the case of a State, the Government of that State and in all other cases the Central Government; (c) “Board” means the Airfare Regulatory Board established under section 3; (d) “member” means a member of the Board; and (e) “prescribed” means prescribed by rules made under this Act. Establishment 3. (1) The Central Government shall, by notification in the Official gazette, establish a of the Airfare quasi-judicial body to be known as the Airfare Regulatory Board (hereinafter referred to as Regulatory the Board) to exercise the powers conferred on and to perform the functions assigned to it Board. under this Act. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3)The head office of the Board shall be at New Delhi and the Board may establish such offices at other places in the country as it deems necessary for carrying functions under this Act. (4) The Board shall consist of,— (a) a Chairperson; (b) two Members, to be appointed by the Central Government from amongst person of ability and integrity and having extensive experience and adequate professional knowledge in the domain of civil aviation, consumer affairs, law, economics and public policy in such manner as may be prescribed. (5)The Chairperson and members of the Board shall hold office for such period, not exceeding four years as may be specified by the Central Government in this behalf. (6) The Central Government may appoint such number of officers and staff including experts to the Board as may be required for its efficient functioning. (7) The salary and allowances payable to, and other terms and conditions of service of the Chairperson, member, officers, staff and experts of the Board shall be such as may be prescribed. (8)The Board shall have the power to regulate its own procedure. Functions of 4. The Board shall,— the Board. (i) function as an apex quasi-judicial authority for regulating and monitoring the tariff of all airlines operating in the country; (ii) design a regulatory environment for commercial airlines keeping into account the economic viability of airline operations, cost of operations, reasonable profits, rate and value of the services, cost of fuel and changes in existing tax structure; (iii) determine an upper limit of the airfare that can be collected from a passenger in each class and route;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77 (iv) monitor the tariff of airlines on a regular basis and issue directions and take disciplinary actions against any airline, if the Board is satisfied that the specific airline has charged excessive or predatory tariff; (v) call for such information and records which are necessary for determining the upper limit or maximum airfare to be collected from passengers in each route and class; (vi) hold due consultations with all the relevant stakeholders while determining the air tariff and any other matter as may be referred to it; (vii) call upon the representative of any airline to furnish in writing any such information and explanation related to its functions and operations; (viii) direct any of its officers and staff to inspect the website, books of account and relevant document of the airline; and (ix) advise the appropriate Government in any other matter as may be referred to it, from time to time. 5. The Board shall, while investigating any matter referred to it in section 4, have all Board to have the powers of a Civil Court trying a suit and, in particular in respect of the following matters, powers of Civil Court. namely:— (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discover and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commission for the examination of witness and documents; and (f) any other matter which may be prescribed. 6. The appropriate Government shall consult the Board on all policies related to the Appropriate monitoring and regulation of airfare in the country. Government to consult the Board. 7. The Central Government shall, after due appropriation made by Parliament, by law Central in this behalf, provide adequate funds to the Board for carrying out the purposes of this Government to provide Act. funds. 8. (1) The Board shall prepare, in such form and at such time in each financial year, as Annual may be prescribed, its annual report, giving a true and full accounts of its activities undertaken Report. under section 4 during the previous financial year and submit a copy thereof to the Central Government. (2) The Central Government shall cause the annual report to be laid, as soon as may be after receipt of the report under sub-section (1), before each House of Parliament along with a memorandum explaining the reasons for not accepting any of the recommendations made thereto. (3) Where the report or any of its part is related to any of the issues connected with a State Government, a copy of such report shall be forwarded to the Governor of that State, who shall in turn, along with an explanatory memorandum concerned with the action taken or proposed to be taken on the recommendations related to the State, if any, and reasons for not accepting any of the recommendations, cause to be laid such report before each House of the State legislature.78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Power to 9. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order, published in the Official Gazette, make such provisions not difficulties. inconsistent with the provisions of this Act, as appear to it to be necessary for removal of difficulty: Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. Act to have 10. The provisions of this Act and the rules made thereunder shall have effect overriding notwithstanding anything inconsistent therewith contained in any other law for the time effect. being in force. Power to make 11. (1) The Central Government may, by notification in the Official Gazette, make rules rules. for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79 STATEMENT OF OBJECTS AND REASONS The exorbitant increase in airfare has been recognized as a serious issue ever since the airline sector has been de-regulated. With the repeal of Air Corporations Act in March, 1994, airlines are free to fix reasonable tariffs under the provisions of sub-rule (1) of Rule 135 of Aircraft Rules, 1937. Therefore, there is no regulating and monitoring mechanism to rationalize the airfare without affecting the passengers. In some sectors, the Directorate General of Civil Aviation has created ‘Tariff Monitoring Unit’. But these units only ensure that the fares charged by the airlines are within the prescribed tariffs of the airlines displayed on their websites. As a result, the airlines often charge excessive rates particularly during festival or holiday seasons. The airfare is dynamic in nature and follows the principle of demand and supply. Besides, the airline companies are always influenced by shareholder interests and revenue management rather than passenger concern and affordability. All these issues seriously affect the passengers. The expatriates who work in the Gulf region are often the victims of this unscrupulous airfare charges as they are forced to pay three to four times of the regular fare during vacations reasons. Realizing the gravity of the situation, the Parliamentary Committee on Transport, Tourism and Culture have also expressed their concern on the self-regulating mechanism of the current airline monitoring regime which is inadequate to address the financial burden of the passengers on the one hand and the predatory tariff structure of the airline companies on the other. The Committee also suggested the establishment of a quasi-judicial entity to regulate and monitor the air tariff in an ethical and equitable manner. Since there is no such monitoring agency to regulate the airfare in the current context of liberalized economy, there is an urgent need to set up an apex authority with all the relevant powers and functions to regulate the airfare dynamics and fix an upper limit to the maximum tariff. The establishment of the Airfare Regulatory Board would be the right direction in this regard. Hence this Bill. NEW DELHI; SHAFI PARAMBIL July 2, 2024.80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the establishment of the Airfare Regulatory Board. It also provides for the appointment of a Chairperson, members, officers, staff and experts to the Board. Clause 7 provides for the Central Government to provide funds to the Board for carrying out the purposes of this Act. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that about rupees one hundred crore will be incurred per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees fifty crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Act. As the rules will relate to the matters of detail only, the delegation of legislative power is, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81 Bill No. 53 of 2024 A Bill further to amend the Mahatma Gandhi National Rural Employment Guarantee Act, 2005. Be it enacted by Parliament in the Seventy-fifth year of the Republic of India as follows:— 1.(1) This Act may be called the Mahatma Gandhi National Rural Employment Short title and Guarantee (Amendment) Act, 2024. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint. 2.In the long title of the Mahatma Gandhi National Rural Employment Guarantee Amendment 42 of 2005. Act, 2005 (hereinafter referred to as the principal Act), for the words “one hundred days”, of Long Title. the words “one hundred and fifty days” shall be substituted;82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 3.In section 3 of the principal Act,— of section 3. (a) in sub-section (1), for the words “one hundred days”, the words “one hundred and fifty days” shall be substituted; and (b) for sub-section (2), the following sub-section shall be substituted namely,— “(2) Every person who has done the work given to him under the Scheme shall be entitled to receive wages at the rate of rupees four hundred for each day of work or at such wage rate of each day of work, as may be determined, whichever is higher.”. Amendment 4.In section 4 of the principal Act, in sub-section (1), for the words “one hundred of section 4. days” the words “one hundred and fifty days” shall be substituted. Amendment 5.In section 6 of the principal Act, in sub-section (1) for the words “sixty rupees per of section 6. day”, the words “four hundred rupees per day” shall be substituted. Amendment 6.In section 7 of the principal Act, in sub-section (3), for the words “one hundred of section 7. days”, wherever they occur, the words “one hundred and fifty days” shall be substituted. Amendment 7.In section 25 of the principal Act, for the words “one thousand rupees”, the words of section 25. “twenty thousand rupees” shall be substituted. Amendment 8.In Schedule I of the principal Act, in para 3, in sub-para (a) for the words “one of Schedule I. hundred days”, the word “one hundred and fifty days” shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83 STATEMENT OF OBJECTS AND REASONS The Mahatma Gandhi National Rural Employment Guarantee (MGNREGA) Act, 2005 is perhaps the most significant social policy initiative in India since independence. The main objective of the Act is to provide enhancement of livelihood security of the households in rural areas by providing at least one hundred days of guaranteed wage employment to every household in unskilled manual work. Ever since its inception, the rural employment guarantee program has provided lifeline to the poor households in the rural areas, especially during the periods of rural distress. While the country is witnessing an alarming rate of unemployment with limited job opportunities in manufacturing sector, there is a high demand for the jobs under the MGNREGA Scheme. But the existing provisions of the Act are unable to address the growing aspirations of the rural poor. For example, the average wage rate for unskilled manual workers under the program has been growing at a sluggish pace since 2018-19. The average wage rate was Rs. 207 in 2018- 19, growing to Rs. 259 in 2023-24. The slight increase in wage rate is insufficient to meet the increase in cost of basic goods, which have risen due to spike in inflation in the last few years. The Parliamentary Standing Committee on Rural Development and Panchayati Raj in 2021-22 critically noted that the fluctuations and huge disparity in wage rates among the States are unjustified. Hence, there is a need to rise the lower limit of the wage rate under the scheme in such a way that it can guarantee a decent income which can manage the chronic of price rice. While considering the existing wage rate of different States, it is understood that a minimum wage of rupees four hundred would be a balanced amount to be fixed for a day’s work. Besides, the last few years have witnessed significant increase in demand for job across the country. Therefore, there is a need to guarantee at least one hundred and fifty days of employment instead of one hundred days. Considering the changing dynamics of the unemployment situation, rural distress and chronic inflation in the country, it is envisaged that increasing the days of guaranteed employment to one hundred and fifty days and fixing the minimum wage rate at rupees four hundred would transform the lives of the rural poor substantially. Hence this Bill. NEW DELHI; SHAFI PARAMBIL July 2, 2024.84 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provide for increasing the days of guaranteed employment under the Act from existing one hundred days to one hundred and fifty days. Clause 3 provides for fixing the minimum wages to at least rupees four hundred per day. Clause 4 provides for the State Government to increase the number of days of guaranteed employment in a financial year to every household in the rural areas under the Scheme from existing one hundred days to one hundred and fifty days. Clause 6 provides for the specifying the minimum wage rate from existing sixty rupees per day to four hundred rupees per day. Clause 7 provides for the State Government to pay unemployment allowance to a household from existing one hundred days to one hundred and fifty days. Clause 8 provides for increasing the days of guaranteed employment under the Act from existing one hundred days to one hundred and fifty days. The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees fifty crore would be involved from the Consolidated Fund of India per annum. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85 Bill No. 42 of 2024 A Bill further to amend the Advocates Act, 1961. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Advocates (Amendment) Act, 2024. 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, and different dates may be appointed for different provisions of this Act. 25 of 1961. 2.In section 2 of the Advocates Act, 1961, (hereinafter referred to as the principal Act) Definition. in sub-section (1):— (i) for clause (a) the following clauses, shall be substituted, namely:— “(a) “advocate” means an advocate entered in any roll under the provisions of this Act and includes an advocate carrying on practice in law with a law firm, by whatever name called, and a foreign lawyer registered under any law in a country outside India and recognised by the Bar Council of India in such manner as may be prescribed;”; (aa) “Advocates Social Security Fund” means the fund maintained by the Central Government under section 44B to be specifically used for the purposes mentioned under section 44A;”;86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) after clause (i), the following clause shall be inserted, namely:— (ia) “practicing advocate” means an advocate with twelve or more recorded hearings and name in five or more vakalatnamas in a year;”; (iii) after clause (n), the following clauses shall be inserted, namely:— “(na) “Vakalatnama” means a written document submitted before a court by an advocate declaring that his client has authorised him to represent him in a legal proceeding; (nb) “young practicing advocate” means an advocate under the age of thirty years who is practicing for a period of less than three years from the date of registration.”. Insertion of 3.After section 44 of the principle Act, the following sections shall be inserted, new sections namely:— 44A and 44B. “CHAPTER VA SOCIAL SECURITY BENEFITS Welfare 44A. (1) The Central Government shall, in consultation with the Bar Council of India, Scheme for formulate and notify, from time to time, suitable welfare schemes for practicing lawyers on lawyers. matters relating to— (a) life and disability cover; (b) health and maternity benefits; (c) stipend for young practicing lawyers; (d) group health insurance cover; (e) compensation in case of death; and (f) any other benefits as may be determined by the Central Government. (2) The State Government may, in consultation with the State Bar Council formulate and notify, from time to time, suitable welfare schemes for practicing advocates, including schemes relating to— (a) housing; and (b) capacity building of practicing lawyers. Constitution 44B. (1) The Central Government shall, by notification in the Official Gazette constitute of the a fund to be called the “Advocates’ Social Security Fund” which shall be managed by the Advocates Central Government in consultation with the Bar Council of India in such manner as may be Social prescribed. Security Fund. (2) There shall be credited to the fund, a compulsory contribution called the social security contribution one per cent of the net income after tax or such higher percentage as may be prescribed by the Central Government, from time to time from practicing advocates having income after tax exceeding rupees one crore. (3) There shall also be credited to the Fund— (a) any voluntary donation or contribution made to the Fund by the Bar Council of India, any State Bar Association, any State Advocates’ Association or other association or institution, or any advocate or other person; and (b) any grants which may be made by the Central Government or a State Government to the Fund.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87 STATEMENT OF OBJECTS AND REASONS The Preamble of the Constitution of India speaks of a solemn resolution to secure to all of its citizens, amongst other things, justice. Of the entire apparatus put in place to ensure timely delivery of justice, the most crucial component is the human resource element— the advocate. Even after 75 years after the country’s freedom there is no social security scheme for advocates.The importance of the role of advocates is unquestionable and their role in shaping our society, already acknowledged. Therefore, the well-being of lawyers and a plan for their social security is a matter of grave concern and one that demands the closest attention of the Government, Bar Councils, the Bar and the legal fraternity at large. The primary aim of the Advocates Act, 1961, is to constitute a single class of legal practitioners, ‘Advocates’ as well as to introduce the powers of the Bar Council of India and the State Bar Council. According to this Act, only Advocates, who are enrolled in the Bar Council, have the power to practice the law in the court. With the enactment of the Advocate’s Welfare Fund Act, 2001, some steps were sought to be taken in this direction. Ineffective implementation of its provisions, however, has rendered it almost defunct. This seeks to amend the Advocates Act, 1961 with a view to constitute Advocates’ Social Security Welfare Fund and the rules for the disbursement funds to be made by the Central or the State Government to create a financial security net for the advocates who have retired from practicing because of their age or illness and to the young lawyers who have just started out in the profession for their sustenance. Hence this Bill. NEW DELHI; SHRIKANT EKNATH SHINDE July 2, 2024.88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of the Advocates’ Social Security Fund to be managed by the Central Government. It also provides for the Central Government to provide grants for the fund. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. However, at this stage it is not possible to calculate the exact amount which is likely to be incurred towards recurring and non-recurring expenditure for the purpose.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89 Bill No. 32 of 2024 A Bill to provide for measures to ensure welfare and holistic development of orphans and for matters connected therewith. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Orphan Child (Welfare and Development) Act, 2024. Short title and commencement. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 2. In 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;90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) “foster care home” means foster care home established under section 6; (c) “orphan child” means any child below eighteen years of age, who has lost both of his biological parents and registered in Central Registry of orphans established under section 3; (d) “prescribed” means prescribed by rules made under this Act; (e) “Registry” means the Central Registry of Orphans established under section 3 of this Act; (f) “Scheme” means the Orphans Welfare Scheme formulated under section 4; and (g) “social security” means provision of food, shelter, education, healthcare, job reservation quota, establishment of recreation centers and such other amenities necessary for the welfare of orphan child. Central 3.(1) The Central Government shall, in consultation with State Governments, conduct Government and publish the survey of orphan children after every ten years along with census in such to conduct manner as may be prescribed. survey of orphan (2)The survey conducted under sub-section (1) shall include— children. (a) socio-economic status of orphan children; (b) data on the cause and effect of becoming orphans; (c) Demographic profile of orphan children; (d) performance appraisal of existing orphan children welfare schemes and programmes; and (e) the number of special needs children who are orphans. (3) The Central Government shall establish, maintain and operate a Registry to be known as the Central Registry for Orphans, for implementation of Orphans Welfare Scheme formulated under section 4. (4)The Registry shall contain such details of every orphan child as may be prescribed. Orphans 4. (1) The Central Government shall, by notification in the Official Gazette, formulate Welfare a scheme to be known as “Orphans Welfare Scheme” to provide social security to all Scheme. orphan children and to ensure healthy upbringing and also ensure protection from exploitation and ill treatment so as to ensure peaceful life thereon. (2) The appropriate Government shall provide every orphan child under the Scheme— (i) a Bank account and deposit every month in that account an amount as may be prescribed and the total sum accrued shall be handed over to the child on attaining eighteen years of age; (ii) Free education; (iii) Free medical and healthcare facilities; (iv) Free food, lodging and clothing; (v) Free travel by road, railways or by air; (vi) Free sports facilities; and (vii) Free legal assistance.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91 5. (1) The Central Government shall, as soon as may be, by notification in the Constitution Official Gazette, constitute a Fund to be known as the Orphan Children Welfare of an Orphan Children Fund for carrying out the purposes of this Act with an initial corpus of rupees two Welfare Fund. thousand crores, to be provided by the Central Government, after due appropriation made by Parliament by law in this behalf. (2) The Fund shall also include, (a) contributions made by the Central Government and State Governments in such ratio, as may be prescribed; (b) money received by way of donations, contributions, assistance or otherwise from individuals, body corporate, domestic and foreign financial institutions. (3) The Fund shall be utilised for rehabilitation and welfare of orphan children in such manner as may be prescribed. 6. (1) The appropriate Government shall establish such number of foster care homes Establishment as may be necessary for the purposes of this Act. of foster care homes. (2) The foster care homes established under sub-section (1) shall provide free of cost boarding and lodging and such other facilities to the orphan children as may be prescribed. 7. The provisions of this Act shall be in addition to and not in derogation of any other Act not in law for the time being in force. derogation of any other law. 8. (1) The Central Government may, by notification in the Official Gazette, make rules Power to make for carrying out the purposes of this Act. rules. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Usually, when we talk of an orphan, we mean a child who has been either abandoned deliberately by their parents or a child who has lost his/her parents in an accident or mishap. As per the United Nations Conventions on Rights of the Child (UNCRC), a child is anyone who is below the age of 18 years or unless under the law applicable to the child, the majority is attained earlier. Every child has the right to family care. This provision is found in the Convention on the Rights of the Child, 1989, the UN Guidelines for Alternative Care 2009, the Indian Constitution and the jurisprudence of the Indian Supreme Court on child rights. India is home to approximately 29.6 million orphan children, which amounts to nearly four percent of the youth population. This alarming figure underscores the urgent need for comprehensive and effective legislation to safeguard the rights and welfare of these vulnerable children. The Bill seeks to provide social security and welfare measures to orphan children and to address the needs of special needs children who are orphans, who are among the most vulnerable sections of our society. Moreover, the existing provisions do not adequately address the issue of overcrowding in orphan care homes or orphanages. Overcrowding can lead to inadequate care and attention for each child, compromising their development and well-being. The proposed amendments also include the establishment of a Central Registry of all orphan children by the Central Government to streamline the adoption process and ensure transparency. This will help in the efficient tracking and placement of orphan children in suitable homes. In India, there is no separate legislation dealing with Orphans. Orphans and vulnerable groups are included under the Juvenile Justice Act. According to the concept of Parens Patriae, the State is your parent if you have none. This statement is truer for no other category of citizens but orphans. Therefore, the bill has been brought exclusively for the Orphans to ensure that they are provided with their fundamental right to life, as guaranteed under our Constitution. Hence this Bill. NEW DELHI; SHRIKANT EKNATH SHINDE July 3, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for survey of orphan children. Clause 4 of the Bill provides for social security to orphan child, monthly bank savings for child welfare in future, free education, food, clothing and lodging, medical and other healthcare facilities, free travel and free legal assistance may be provided to orphan child. Clause 5 provides for constitution of an Orphan Children Welfare Fund. Clause 6 provides for establishment of foster care homes to provide free food, lodging and other requisite amenities to orphans. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees two thousand crore would be involved as recurring expenditure per annum. A non-recurring expenditure of about rupees ten thousand crore is also likely to be involved.94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the Central Government to make rules for carrying out the provisions of the Bill. As the rules will relate to matters of detail only, therefore, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95 Bill No. 37 of 2024 A Bill further to amend the Right of Children to Free and Compulsory Education Act, 2009. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Right of Children to Free and Compulsory Education Short title and (Amendment) Act, 2024. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In section 2 of the Right of Children to Free and Compulsory Education Act, 2009, Amendment (hereinafter referred to as the principal Act),— of section 2. (a) for sub-section (ee), the following sub-section shall be substituted, namely:— “(ee) child with disability” includes,— (A) a child, being a ‘person with disability’ as defined in clause (s) of section 2 of the Rights of Persons with Disabilities Act, 2016; and (B) a child, being a ‘person with benchmark disability’ as defined in clause (r) of section 2 of the Right of Persons with Disabilities Act, 2016; (C) a child, being a ‘person with disability having high support needs’ as defined in clause (t) of section 2 of the Right of Persons with Disabilities Act, 2016; and (D) a child with ‘multiple disabilities’ as defined in para 5 of the Schedule to the Right of Persons with Disabilities Act, 2016; and (b) after clause (g), the following clause shall be inserted, namely:— “(ga) “inclusive education” means inclusive education as defined in clause (m) of section 2 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016);”. 3. In section 3 of the principal Act, in sub-section (1), for the words “neighbourhood Amendment school”, the words “neighbourhood school providing inclusive education” shall be of section 3. substituted. 4.In section 8 of the principal Act in clause (b), for the words “neighbourhood school”, Amendment the words “neighbourhood school providing inclusive education” shall be substituted. of section 8. 5.In section 11 of the principal Act, for the word “may”, the word “shall” shall be Amendment substituted. of section 11. 6.In section 29 of the principal Act, in sub-section (2), after clause (c), the following Amendment clauses shall be inserted, namely:— of section 29. “(ca) needs of children with disabilities; and (cb) universal design for learning;”.96 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Education is a fundamental right of every child, which is essential for their growth and development. The importance of education cannot be overstated, as it enables children to acquire knowledge, skills, and values that are necessary for their personal and social development. The right to education for children is enshrined in various international and national laws, including the United Nations Convention on the Rights of the Child (UNCRC) and the Indian Constitution. Article 26 of the UNCRC recognizes the right of every child to an education, which should be directed to the development of the child’s personality, talents, and mental and physical abilities to their fullest potential. The Indian Constitution also recognizes the right to education as a fundamental right under article 21A, which was inserted by the 86th Amendment Act in 2002. This amendment made free and compulsory education a fundamental right for children between the ages of 6 and 14 years. It has been more than a decade since the Right to Free and Compulsory Education Act, 2009 (RTE Act) was enacted to enforce the fundamental right to education for children between six and fourteen years of age. Since then, India’s disability rights framework has also evolved to enforce obligations under the United Nations Convention on the Rights of Persons with Disabilities. With the passage of the Rights of Persons with Disabilities Act, 2016 (RPWD Act), inclusive education got statutory backing in India. However, even as legal standards that guarantee the right to education for children with disabilities have evolved in India, several inconsistencies exist. As a result of the inconsistencies, there’s a lack of clarity in what ‘inclusion’ means in terms of quality education for children with disabilities, leading to challenges in on-ground implementation of the laws. The Bill seeks to focus on inclusive education by amending the definition of children with disability who have been identified as specially abled or divyangjan by the Honorable Prime Minister and we need to reform laws concerning education to provide them accessibility and a feasible environment which will take care of their special needs. We also need to focus on pre school education and the Bill also makes pre school education mandatory and the onus for the same is on the government. Hence this Bill. NEW DELHI; SHRIKANT EKNATH SHINDE July 3, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97 Bill No. 31 of 2024 A Bill further to amend the Railways Act, 1989. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Railways (Amendment) Act, 2024. 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. 24 of 1989. 2. After section 24 of the Railways Act, 1989, the following section shall be inserted, Insertion of namely:— new section 24A. "24A. Notwithstanding anything contained in section 22, 23 and 24 of the Act, the Special Central Government may, by notification, sanction the running or extension or diversion of Provisions of super fast trains via Thawe junction in the State of Bihar by approving the proposal received railway at Thawe from the Railway Division of the North-Eastern Region and extension of train no. 22411/ junction in 22412 (Arunachal Express) via route Siwan-Thawe- Kaptanganj-Gorakhpur.". the State of Bihar.98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The section of Varanasi division of North-Eastern Railway which comprises Thawe- Gopalganj junction is facing number of challenges and disadvantage due to non-availability of superfast trains for various metropolitan cities of the country. To overcome such difficulties and to make railway connectivity from this neglected section by providing the train facilities would certainly provide ample revenue to railways. At Thawe junction in the Thawe-Gopalganj section, there is one of the most important and reverable religious peeth. Seeing the rush of pilgrims during normal days and huge rush during auspicious days, and considering the fact that this area is the native to lakhs of migrant labours who are working in different parts of country, especially, NCR and the States of Haryana, Punjab, J&K, Gujarat, Maharashtra, Rajasthan, Karnataka, Tamil Nadu, Kerala, West-Bengal, Assam, Arunachal Pradesh etc., the train facilities to this junction is must. Apart from the above, people of this area depends on bigger cities of country for any specialized medical facilities and education too. This section/area does not have any direct train for Delhi or any other metropolitan cities. The Bill, therefore, seeks to amend the Railways Act, 1989 with a view to implement the proposal of North-Eastern Railway once received for approval without any further delay to augment the train services to cater the need of the neglected Thawe Junction which is a long awaited demand of lakhs of people of the various districts of the State of Uttar Pradesh and Bihar. Hence this Bill. New Delhi; ALOK KUMAR SUMAN July 3, 2024. ———— FINANCIAL MEMORANDUM Clause 2 of the Bill vide proposed section 24A seeks to provide diversion or extension of the superfast trains via Thawe junction by giving the approval of the proposal received from the railway division of the North-Eastern Region. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is likely to involve an annual recurring expenditure of about rupees two hundred and fifty crore from the Consolidated Fund of India. A non-recurring expenditure of about rupees three hundred crore is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 99 Bill No. 47 of 2024 A Bill to provide for the constitution of a National Flood and Drought Control Board to control flood and drought and for matters connected therewith and incidental thereto. WHEREAS entry 56 of List I-Union list of the Seventh Schedule to the constitution provides for regulation and development of Inter-State rivers and river valleys to the extent to which such regulation and development under the control of the union is declared by Parliament by law to be expedient in the public interest; AND WHEREAS a lot of havoc is caused by floods and drought every year in almost all parts of the country; AND WHEREAS it is expedient in the public interest to take effective measures to control flood and drought. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Flood and Drought Control Act, 2024. 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.100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) "Board" means the National Flood and Drought Control Board constituted under section 3; and (b) "prescribed" means prescribed by rules made under this Act. Constitution 3. (1) The Central Government shall, by notification in the Official Gazette, of the constitute a Board to be known as the National Flood and Drought Control Board to National perform functions assigned to it under this Act. Flood and Drought (2) The headquarter of the Board shall be at New Delhi and regional office at Gopalganj Control in the State of Bihar. Board. (3) The Board shall consist of,— (a) a Chairperson; and (b) a member representing each of the State Government and Union territory, to be appointed, from amongst persons of eminence having special knowledge and experience in the field of flood and drought control, by the Central Government. (4) The salary and allowances payable to, and other terms and conditions of service of the Chairperson and other members of the Board shall be such as may be prescribed. (5) The Central Government shall make available such officers and staff to the Board as it may require for its efficient functioning. Functions of 4. The Board shall,— the Board. (a) identify areas which are prone to floods and droughts; (b) suggest measures for flood and drought control; (c) make a time bound plan for inter-linking of rivers which are prone to floods with the ones which are not so; (d) suggest measures for the development of land in areas which are prone to floods and drought; (e) install flood forecasting system in areas which are prone to floods; (f) suggest steps that shall be taken to evacuate the inhabitants from flood affected areas to safer places; (g) suggest measures to the State Governments for rehabilitation of inhabitants of flood and drought affected areas; and (h) suggest measures to the State Governments for rain water harvesting and construction of dams. Expenditure 5. The expenditure incurred on implementation of flood and drought control incurred on measures as suggested by the Board shall be borne by the Central Governments and the implementation State Governments in such ratio, as may be prescribed. of the Act to be borne by the Central and State Governments. Recommendations 6. It shall be the duty of the Central Government to implement the recommendations of the Board of the Board: to be implemented Provided that where it is felt that any recommendation cannot be implemented due to by the Central any reason, the Central Government may, for reasons to be recorded in writing, inform the Government. Board accordingly.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 101 7. (1) The Board shall prepare, in such form and at such time in each financial year, as Annual may be prescribed, its annual report, giving a true and full accounts of its activities during Report. the previous financial year and submit a copy thereof to the Central Government. (2) The Central Government shall cause the annual report to be laid, as soon as may be after receipt of the report under sub-section (1), before each House of Parliament. 8. (1) The Central Government may, by notification in the Official Gazette, make rules Power to make for carrying out the 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 House agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.102 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India is the land of many great rivers. Disaster such as floods occur in almost all river basins of the country. The water resources of the country are not being fully utilized. Every year there are floods in some parts of the country which cause immense loss of life and property. It has been observed that at the same time, there is flood in one part of the country and the other part is affected by drought. The national resources are damaged by floods and drought. The problem, therefore, needs to be addressed urgently to mitigate the affects of floods and droughts. Therefore, it is expedient in public interest to evolve an integrated and scientific approach to deal with the problem of frequent occurrence of floods and drought and to draw out a national plan fixing priorities for implementation of strategies in the future. The Bill seeks to provide for the constitution of a National Flood Control Board to suggest measures to prevent flood and deal with the problem of drought in the country. Hence this Bill. NEW DELHI; ALOK KUMAR SUMAN July 3, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 103 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of a National Flood and Drought Control Board. Clause 4 provides inter alia for a time bound action plan for inter-linking of rivers and installing of flood forecasting system. Clause 5 provides that the expenditure incurred on implementation of the provisions of this Act shall be borne by the Central Government and State Governments. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees one hundred crore per annum. A non-recurring expenditure of about rupees one hundred crore is also likely to be incurred.104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the Central Government to frame rules for carrying out the purposes of the Bill. The rules will relate to matters of detail only and as such the delegation of legislative power is, therefore, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 105 Bill No. 36 of 2024 A Bill to provide for special economic assistance to the State of Bihar for the purpose of promoting the welfare of the Scheduled Castes, the Scheduled Tribes and Other Backward Sections of people and for the development, exploitation and proper utilization of its resources. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Special Economic Assistance to the State of Bihar Short title Act, 2024. and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.106 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Special 2. There shall be paid such sums of moneys out of the Consolidated Fund of India, Economic every year, as Parliament may by due appropriation provide, as special economic assistance assistance to to the State of Bihar to meet the costs of such schemes of development, as may be undertaken the State of by the State with the approval of the Government of India for the purpose of promoting the Bihar welfare of the Scheduled Castes, the Scheduled Tribes and Other Backward Sections of people or for the development, proper utilization and exploitation of the resources in the State. Act not in 3. The provisions of this Act shall be in addition to and not in derogation of any other derogation of law to be made by Parliament or for the time being in force. other laws.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 107 STATEMENT OF OBJECTS AND REASONS The State of Bihar is socially and economically backward. The low pace of development in the State has resulted in the impoverishment of the State and its people. The development of Bihar is the need not only of that State but of the entire country as a whole. The development of the State can be ensured only with the active involvement of the Central Government. For this, it is necessary that the Central Government provides special economic assistance to the State for its all round development including the welfare of weaker sections and for the development and exploitation of its vast resources. Such a step would go a long way in building our nation more and more strong. Hence this Bill. NEW DELHI; ALOK KUMAR SUMAN July 3, 2024.108 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides that there shall be paid such sums of moneys out of the Consolidated Fund of India, every year, as Parliament may by due appropriation provide, as special economic assistance to the State of Bihar to meet the costs of such schemes of development, as may be undertaken by the State with the approval of the Government of India. The Bill, therefore, on enactment, will involve expenditure out of the Consolidated Fund of India for providing special financial assistance to the State of Bihar. As the sums of moneys which will be given to the State of Bihar as special financial assistance by appropriation by law made by Parliament will be known only after the welfare schemes to be implemented by the State Government with the approval of Government of India are identified, it is not possible to give the estimates of recurring expenditure, which would be involved out of the Consolidated Fund of India at this stage. No non-recurring expenditure is likely to be incurred from the Consolidated Fund of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 109 Bill No. 46 of 2024 A Bill to provide for a framework to enable the country to achieve its goal of eliminating single use plastic by the year 2025 and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Single-use Plastic (Regulation) Act, 2024. Short title, extent and (2) It extends to the whole of India. commencement. (3) It shall come into force on such date as the Central Government may, by notification in the Gazette, appoint.110 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires:— (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "higher education institution" includes institutions imparting education on completion of senior secondary level; (c) "plastic" means material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl, low density polyethylene, polypropylene, polystryrene resins or multimaterials like acrylonitrile butadiene styrene, polyephylene oxide, polycarbonate or polybutylene terephthalate; (d) "plastic packaging" means all products which are— (i) used for the containment, protection handling, delivery and presentation of goods; and (ii) partly or wholly composed of plastic; (e) "prescribed" means prescribed by rules made under this Act; (f) "recycle"means the reprocessing in a production process of the waste materials of a plastic product for the original purpose or for other purposes; (g) "reuse" means any operation by which a plastic product, which has been conceived and designed to accomplish within its life cycle a minimum number of trips or rotations, is refilled or used for the same purpose for which it was conceived; and (h) "single-use plastic" means any disposable plastic item which is designed to be used only once before it is thrown out or recycled and includes plastic forks and knives, plastic shopping bags, plastic coffee cup, lids, plastic water bottles, styroforam, plastic take out containers and plastic straws. Plastic target 3. The Central Government shall, within six months from the commencement of this setting. Act,— (a) prescribe a target of complete elimination of plastic waste by the year 2050 in accordance with international obligations, if any, agreed to by India; (b) specify the year 2025 target year to implement a complete ban on single-use plastic and the proportion of reduction of single-use plastic during each year following the date of fixing of target year 2025; and (c) formulate and implement a National Plastic Control Strategy for carrying out the purposes of this Act. Promote 4. The appropriate Government shall take necessary measures to promote sustainable sustainable alternatives to single-use plastic including,— alternatives to plastic. (a) research by higher education institutions and others into sustainable alternatives to plastic packaging; and (b) the use of sustainable alternatives to plastic packaging. Phasing out of 5. The appropriate Government shall take measures to ensure— existent (a) elimination of the production and use of plastics; plastic. (b) increase in recycling, reuse and other forms of waste recovery in relation to plastics; and (c) removing plastics already in the environment for the purpose of recycling, reusing or applying another form of waste recovery to the plastics.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 111 6. Notwithstanding anything contained in any other law for the time being in force, no Ban on single person shall, after the target year 2025, use, stock, distribute, manufacture, sell or trade in use plastic items. any single-use plastic item. 7. Whoever violates the provision of this Act shall be punished with a fine which Penalty. shall not be less than rupees one lakh but which may extend upto five lakhs. 8. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, provide requisite funds for carrying out the purposes of this Act. Government to provide requisite funds. 9. (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.112 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India generates close to 26000 tonnes of plastic a day. A little over 10000 tonnes of plastic waste remains uncollected and these uncollected waste eventually ends of in the natural environment in our seas and oceans piling up on our lands. By 2050 the amount of plastic in seas and oceans across the world will weigh more than all the marginal creatures. At less than 11 kg India's per capital plastic consumption is nearly a tenth of the United States, at 109 kg. Nearly one sixth of the plastic waste is generated by 60 cities and half of this comes from Delhi, Mumbai, Bangaluru, Chennai and Kolkata. The National Green Tribunal has also rapped 25 cities in U.P. for not following its order on submitting a plan on how they would comply with the plastic waste management. Plastic is highly non-biodegradable causing permanent damage to the environment by disrupting ecosystems. Single-use plastic can block waterways and exacerbate natural disasters. By clogging sewers and providing breeding grounds for mosquitoes and pests, plastic bags can increase the transmission of vector borne diseases like Malaria. Troubles with single use plastic came to the fore during floods in various parts of the country on the source of pollution as addition to landfills is adversely impacting the already frail ecological balance. Heaps of plastic wastes were washed ashore highlighting the lack of awareness and infrastructure to effectively deal with the product. Efforts to ban single-use plastic and promote sustainable alternatives to it can help in mitigating the ill-effects on human life and environment. India's commitment towards sustainable development can only be realized through concerted efforts to reduce pollution caused by plastic. Hence this Bill. NEW DELHI; NISHIKANT DUBEY July 3, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 113 FINANCIAL MEMORANDUM Clause 4 of the Bill provides for research by higher education institutions and other into sustainable alternatives to plastic packaging. Clause 5 provides that the appropriate Government shall take measures to recycling, reuse and other forms of waste recovery in relation to plastic. Clause 8 of the Bill provides that the Central Government shall provide requisite funds for carrying out the purpose of this Act. The Bill, therefore, if enacted will involve expenditure out of the Consolidated Fund of India and at this stage it is not possible to estimate that figures. No non-recurring expenditure is like to be involved.114 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of details only the delegation of legislature power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 115 Bill No. 29 of 2024 A Bill to provide for the protection and rehabilitation of victims of floods which may be caused due to heavy rains, cloudbursts, cyclones, breached bunds of dams, reservoirs and other reasons by making various provisions through a statutory board at national level which may also suggest measures to be taken by the Central and the State Governments to control floods and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Victims of Floods caused due to Heavy Rains, Short title, Cyclones and Other Reasons (Rehabilitation and Welfare) Act, 2024. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force with immediate effect.116 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) "appropriate Government" means in the case of a State, the Government of that State, and in all other cases, the Central Government; (b) "Board" means the National Board for Rehabilitation and Welfare of Flood Victims established under section 3; and (c) "prescribed" means prescribed by rules made under this Act. Establishment 3. (1) The Central Government shall, as soon as may be, but within a period of sixty of Board. days from the date of commencement of this Act, by notification in the Official Gazette, establish for the purposes of this Act a Board to be known as the National Board for Rehabilitation and Welfare of Flood Victims for carrying out the purpose of this Act. (2) The Board shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of properties, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. (3) The headquarters of the Board shall be at Deogarh in the State of Jharkhand and its regional offices shall be located in the capital of each State and Union territory. (4) The Board shall consist of:— (i) a Chairperson, a Deputy Chairperson and six other members to be appointed by the Central Government in such manner as may be prescribed; (ii) not more than one representative from the each State and Union territory to be nominated by the respective State Government and Union territory Administration. (5) The Central Government shall provide to the Board such number of officers and staff as may be necessary for the efficient functioning of the Board. (6) The salaries and allowances payable to and other terms and conditions of service of the Chairperson, Deputy Chairperson and other members, officers and staff of the Board shall be such as may be prescribed. (7) The Board shall comply with such directions as may, from time to time, be given to it by the Central Government. (8) The Board shall meet at such place and observe such rules of procedure in regard to the transaction of business at its meetings in the manner as may be prescribed. Functions of 4. (1) The Board shall discharge such functions as may be necessary for the protection the Board. and rehabilitation of victims of floods caused by heavy rains, cloudbursts, cyclones, breached bunds of dam, reservoirs. (2) without prejudice to the generality of the provisions contained in sub-section (1), the Board may also provide for:— (a) making a detailed study and analysis of floods caused in the past in the different regions and areas of the country and identify areas in every State and Union territory which are prone to floods; (b) making provision for accelerated water drainage system in the residential areas prone to floods in particular which are near the rivers or the sea, as the case may be; (c) suggesting policy with regard to construction of houses and commercial establishments near the rivers and beaches; (d) making provision for providing permanent shelters capable of withstanding the severity and intensity of flood waters to the inhabitants of identified floodprone areas;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 117 (e) steps to be taken for plantation of trees and shurbs as afforestation measure in and around floodprone areas and in particular near the rivers and hilly areas where landslides are caused by floods or heavy rain to mitigate the gravity of floods and cloudbursts; (f) installing flood forecasting systems to alert the persons of floodprone areas; (g) making provision of food, drinking water and other necessities in flood- affected areas during floods in such manner as may be prescribed; (h) making provision for boats and other rescue materials for the rescue of persons in flooded areas; (i) making recommendations to the Central Government for minimizing the loss of lives and properties in flood affected and flood prone areas; (j) keeping perpetual surveillance, carrying out inspections and monitoring rescue operations during the floods; 5. It shall be the duty of the appropriate Government to implement the recommendations Appropriate of the Board. Government to implement recommendations of the Board. 6. Notwithstanding anything in this Act or any other law for the time being in force, Compensation the Central Government shall pay compensation of,— in case of death or (i) rupees ten lakh to the nearest kin of a person who has lost his life in flood; serious injury during flood. (ii) rupee five lakh in case of a serious injury to a person affected by flood; 7. (1) The Board shall prepare, in such form and at such time, as may be prescribed, its Annual Report. annual report, giving a true and full account of its activities during the previous financial year and submit a copy thereof to the Central Government. (2) The Central Government shall cause the annual report to be laid before each House of Parliament. 8. The Central Government shall, after due appropriation made by Parliament by law Central in this behalf provide to the Board requisite funds every year for the effective implementation Government of this Act. to provide requisite funds. 9. This Act shall be in addition to and not in derogation of any other law for the time Act to being in force dealing with the subject matter of this Act. supplement other laws. 10. (1) The Central Government may, by notification in the official Gazette, make rules Power to make for carrying out the purposes of this Act. rules. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.118 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In several parts of our vast nation floods are a regular phenomenon caused by mother nature fury every year. Even this year floods have wreaked havoc in various States such as Bihar, Uttar Pradesh, Punjab, Himachal Pradesh, Uttarakhand, Madhya Pradesh, Chhattisgarh, Maharashtra, Assam and Odisha. It has not spared even desert States such as Gujarat and Rajasthan. Bihar, Assam and eastern Uttar Pradesh which face the fury of floods every year caused by rivers emanating from Nepal and China. Apart from the fury of mother nature humans too have contributed immensely in the matter. Polluted environment, unplanned and uncontrolled development in the cities particularly those which are near the rivers and sea, ruthless destruction of jungles, rampant use of plastic, toxic gases, chemicals, etc. lead to disruption in the weather cycle in the country frequently culminating in the fury of floods. The floods devastate quite a large number of villages, cities and damage properties, crops, roads and kill human being and livestock. The agricultural land also undergoes severe soil erosion. Due to these floods country suffers huge losses in terms of human lives, livestock, properties, crops, etc. thereby increasing the financial burden of the Governments of the day. At the same time persons become homeless and get displaced and face innumerable problems including safety of their lives. Though the Central Government and State Governments and their agencies do their level best to provide relief to the victims of floods and their kins by making temporary arrangements of shelter, food etc. for them, it is felt that there still is need to have a permanent statutory body to suggest measures to control floods. As such a National Board needs to be established to exclusively deal with natural calamity of floods in the country. Hence this Bill. NEW DELHI; NISHIKANT DUBEY July 3, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 119 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the establishment of a National Board for Rehabilitation and Welfare of Flood Victims. Clause 8 seeks to provide requisite funds by the Central Government for effective implementation of the provisions of the Bill. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. However, at this stage, it is not possible to quantify the amount but it is estimated that an amount of one thousand crore rupees may involve as recurring expenditure per annum. A non-recurring expenditure to the tune of five hundred crore rupees may also involve for creating assets.120 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is therefore of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 121 Bill No. 49 of 2024 A Bill further to amend the Central Educational Institutions (Reservation in Admission) Act, 2006. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Central Educational Institutions (Reservation in Short title and Admission) Amendment Act, 2024. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In section 2 of the Central Educational Institutions (Reservation in Admission) Amendment of 5 of 2007. Act, 2006 (hereinafter referred to as the principal Act),— Section 2. (i) after clause (c), the following clause shall be inserted, namely:— "(ca) ''appropriate Government'' means in the case of a State, the Government of that State and in other cases, the Central Government.'' (ii) after clause (e), the following clause shall be inserted, namely:— "(ea) ''government school'' means any recognised school managed by the appropriate Government, imparting elementary or higher secondary education or both and includes— (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; and (iii) corporation schools, municipal schools, tribal welfare schools, forest department schools and other schools managed by the Government departments." 3. In section 3 of the principal Act, after sub-clause (iii), the following sub-clause Amendment of shall be inserted, namely:— Section 3. ''(iv) out of the annual permitted strength in each branch of study or faculty, ten per cent. seats shall be reserved horizontally for the students of government schools in so far as by doing so the total reservation does not exceed fifty per cent in any case: Provided that where reservation exceeds fifty per cent by the reservation of ten per cent. seats for students of government schools, reservation of seats shall be provided up to the maximum extent possible without breaching the ceiling of total reservation of fifty per cent.''122 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India is the world's largest populated country and hosts pluralism in culture, religion, ethnicity, language and multilayered caste system which often imposes challenges on the Indian Government to structure and manage a harmonious society. The challenges include creating equal employment opportunities, providing and allocating equal distribution of resources and funds of the government and making education available to all citizens of India without discrimination on the grounds of their religion, caste, race, sex, socio-economic background etc. In order to overcome such challenges, the government uses reservation as a tool for the smooth administration of the country. The term reservation can be described as 'certain policy measures or the techniques adopted by the Indian governance in order to empower, promote and uplift those social segments or members of community which have remained backward, or discriminated, or historically oppressed, by reserving their access to seats or quota for admission into educational institutes, in governmental jobs and legislatures. Students from government schools and those studying in private schools hail from different socio-economic backgrounds. Considering these disparities, it would be unfair to weigh them on an equal footing. Students from government schools must get access to quality education and a chance to fulfil their dreams. Those who are brilliant must not be stopped because of social or economic boundaries. Professional courses are the stepping stone towards a bright future of young talents in the country. Providing reservation to students from government schools in Central Educational Institutions would be a step in the right direction considering the principles of equality under article 14 and non- discrimination under article 15 as enshrined under the Constitution of India. If implemented across the country, this reservation policy may also help in increasing the enrolments in government schools. Affirmative action by the Government is the need of the hour to place students from all walks of life at an equal footing to secure their future and thereby ensure that students from weaker socio-economic backgrounds do not suffer in the long run. Suitable amendment is, therefore, required in the Central Educational Institutions (Reservation in Admission) Act, 2006. Hence this Bill. NEW DELHI; NISHIKANT DUBEY July 3, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 123 Bill No. 41 of 2024 A Bill to promote rational thought, critical thinking and evidence-based decision-making in society with a view to create an environment that fosters the cultivation of reason and intellectual discourse. WHEREAS, rational thought and critical thinking are essential for informed decision- making, fostering innovation and creating a society based on reason and evidence; AND WHEREAS, a culture that values rational discourse contributes to the well-being of individuals, communities and the nation as a whole; NOW, THEREFORE, it is expedient to enact legislation to promote and uphold the principles of rational thought, Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called The Promotion of Rational Thought Act, 2024. Short title, extent and (2) It extends to the whole of India. commencement. (3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "Appropriate Government" means in the case of a State, the Government of that State and in other cases, the Central Government; (b) "Board" means the Board for the Promotion of Rational Thought and Critical Thinking constituted under section 6; (c) "critical thinking" means the intellectually disciplined process of actively and skillfully conceptualizing, applying, analyzing and /or evaluating information to make a reasoned decision about any concept;124 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (d) "prescribed" means prescribed by rules made under this Act; and (e) "rational thought" means the thought based on reason and logic to consider and analyze any information with a view to arrive at systematic conclusion. Appropriate 3. Notwithstanding anything contained in any other law for the time being in force, it Government shall be duty of the appropriate Government to— to promote (i) promote rational thought and critical thinking in educational institutions, rational thought and workplaces and public discourse; critical (ii) encourage evidence-based decision-making in their policies, public thinking in educational programmes and social initiatives; and institutions (iii) foster a culture that values intellectual discourse, respectful debate and and open- mindedness, workplaces. in such manner as may be prescribed. Formulation 4. The appropriate Government shall, for the purposes of promotion of rational thought of policy for and critical thinking by notification in the Official Gazette, formulate a policy provided integration of that,— critical thinking, (i) every educational institution may incorporate curricula and teaching logic and methodologies that emphasize critical thinking, logic and scientific reasoning; and scientific (ii) teacher training programmes shall include component for fostering reasoning in education. rational thought among students; (iii) public awareness campaigns to promote the importance of rational thought, critical thinking, and evidence-based decision-making may be initiated in such manner as may be prescribed; and (iv) the media organizations be encouraged to contribute in awareness campaigns initiated under clause (iii) by providing requisite platforms for rational discourse and fact-based reporting. Central 5. The Central Government shall provide requisite funds to institutions who are Government engaged in research on cognitive science, logical reasoning and educational methodologies to provide that enhance rational thought and critical thinking. funds to institutions for research on cognitive science, logical reasoning and educational methodologies. Constitution 6. (1) The Central Government shall, by notification in the Official Gazette, constitute of Board for a Board to be known as the Board for the Promotion of Rational Thought and Critical the promotion Thinking for implementing the provisions of this Act. of rational thought and (2) The Board shall consist of a Chairperson and such other members as may be critical prescribed. thinking. (3) The salary and allowances payable to and other terms and conditions of service of the Chairperson and members of the Board shall be such as may be prescribed. Functions of 7. The Board shall— the Board. (1) monitor the proper implementation of the provisions of this Act; and (2) evaluate the impact of rational thought and critical thinking in the society, in such manner as may be prescribed. Annual report. 8. The Board shall prepare, in such form and at such time each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit the report to the Central Government.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 125 9. Any person or institution found violating the provisions of this Act shall be liable Penalties. for penalties as prescribed by regulations. 10. The Central Government shall, after due appropriation made by Parliament by law Central in this behalf, provide adequate funds, from time to time, for carrying out the purposes of Government this Act. to provide funds. 11. The provisions of this Act shall be in addition to and not in derogation of any Act to other law for the time being in force regulating any of the matters dealt with in this Act. supplement other laws. 12. (1) The appropriate Government may, by notification in the Official Gazette, make Power to make rules for carrying out the purposes of this Act. rules. (2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.126 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Rational thought and critical thinking are the bedrock of a progressive and informed society. In recognizing the fundamental importance of fostering intellectual curiosity, logical reasoning, and evidence-based decision-making, the proposed Bill seeks to:— (a) emphasize the integration of curricula and teaching methodologies in educational institutions that focus on nurturing critical thinking skills, logical reasoning, and scientific inquiry; (b) foster an environment that encourages questioning and analysis aimed to empower individuals with the tools necessary for sound decision-making; (c) promote the use of empirical evidence and rational analysis in government policies, public programmes, and societal initiatives, evidence-based decision-making to ensure that decisions are grounded in facts rather than unsupported opinions; (d) cultivate a culture that values intellectual discourse, respectful debate, and open- mindedness by encouraging individuals to engage in constructive conversations based on reason and evidence and seeks to build a society that celebrates diverse perspectives while upholding the principles of rational thought; (e) recognize the influential role of media in shaping public opinion, by encouraging media organizations to contribute to the promotion of rational thought; (f) provide platforms for well-informed discussions and fact-based reporting is essential in countering misinformation and promoting public understanding; (g) advance our understanding of cognitive processes and effective educational methodologies, allocate resources to support research in areas such as cognitive science and logical reasoning as a commitment to research is essential for continually refining educational practices that enhance rational thought; (h) establish a monitoring and evaluation mechanism to assess the impact of its provisions on society; and (i) submission of reports to the Parliament to provide insights into the progress made and areas requiring further attention, ensuring the continuous improvement of initiatives promoting rational thought. In conclusion, the proposal "Promotion of Rational Thought Bill" is a forward-looking legislative initiative aimed at fortifying the intellectual foundations of our society. By prioritizing critical thinking, evidence-based decision-making, and a culture of reasoned discourse, the Act envisions a society better equipped to navigate the complexities of the modern world. Hence this Bill. NEW DELHI; BENNY BEHANAN July 3, 2024.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 127 FINANCIAL MEMORANDUM Clause 5 of the Bill provides that Central Government to provide requisite resources for research on cognitive science, logical reasoning and educational methodologies. Clause 6 provides for constitution of Board for the promotion of rational thought and critical thinking. Clause 10 provides that the Central Government shall provide adequate funds for implementing the provisions of the Bill. The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees two hundred and fifty crore will be involved as recurring expenditure per annum from the Consolidated Fund of India. A non-recurring expenditure of rupees one hundred crore is also likely to be involved.128 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 12 of the Bill empowers the appropriate Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of details only the delegation of legislative power is of normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 129 Bill No. 50 of 2024 A Bill to recognize and address the needs of individuals with Autism Spectrum Disorders, to promote early detection, intervention, and treatment, and to ensure the provision of appropriate support and services. WHEREAS Autism Spectrum Disorders (ASD) are a range of neuro-developmental conditions characterized by challenges in social interaction, communication, and repetitive behaviours; AND WHEREAS Recognizing and addressing ASD early is crucial for the overall well- being and development of affected individuals; NOW, THEREFORE it is expedient to enact legislation for the recognition and treatment of Autism Spectrum Disorders. Be it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Autism Spectrum Disorders (Recognition and Short title and Treatment) Act, 2024. commencement. (2) 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;130 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "Autism Spectrum Disorders (ASD)" mean range of neuro-developmental disorders characterized by persistent deficits in social communication and interaction, and restricted, repetitive patterns of behavior, interests, or activities; and (c) "prescribed" means prescribed by rules made under this Act. Duties of 3. The appropriate Government shall,— appropriate Government. (a) organize awareness programs to educate the public, healthcare professionals, and educators about the early signs of Autism Spectrum Disorder; (b) take measures to ensure the availability of appropriate medical, educational, and therapeutic interventions for individuals with ASD; and (c) conduct specialized training programs for healthcare professionals, teachers, and caregivers to enhance the quality of support and services provided for ASD. Research and 4. (1) The appropriate Government shall facilitate and support research on ASD to Data enhance understanding and improve interventions. Collection. (2) The appropriate Government shall maintain a national database of the individuals identified having ASD. Central 5. The Central Government shall, after due appropriation made by law by Parliament in Government this behalf, provide adequate funds to the States for carrying out the purposes of this Act. to provide funds. Overriding 6. The provisions of this Act shall have effect, notwithstanding anything inconsistent effect of the therewith contained in any other law for the time being in force, but save as aforesaid the Act. provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force. Power to make 7. (1) The Central Government may, by notification in the Official Gazette, make rule rules. for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 131 STATEMENT OF OBJECTS AND REASONS Autism Spectrum Disorders (ASD) represent a significant public health concern affecting individuals across the globe, transcending geographical, cultural, and socioeconomic boundaries. ASD is characterized by a range of neuro-developmental conditions that impact an individual's ability to engage in social interaction, communication, and may involve repetitive behaviors. Recognizing the unique challenges faced by individuals with ASD and the necessity for early intervention and support, the proposed "Autism Spectrum Disorders (Recognition and Treatment) Act" aims to address the following issue: The Bill seeks to establish a framework for the early recognition of Autism Spectrum Disorders. This includes the development and implementation of awareness programs to educate healthcare professionals, educators, and the general public about the early signs of ASD. Timely identification is crucial for initiating interventions that enhance the developmental outcomes for individuals with ASD. The legislation aims to ensure that individuals diagnosed with Autism Spectrum Disorders have access to a comprehensive range of medical, educational, and therapeutic interventions. This involves the promotion of specialized training programs for healthcare professionals, teachers, and caregivers to enhance their capacity to provide tailored support services. Recognizing the importance of ongoing research to deepen our understanding of ASD, the Act encourages and supports research initiatives focused on the various aspects of Autism Spectrum Disorders. Additionally, the establishment of a national database is proposed to systematically collect and analyze data on the prevalence and characteristics of ASD, providing a foundation for evidence-based policymaking. The Bill proposes a legal framework to enforce compliance with its provisions. Penalties are prescribed for individuals or institutions found in violation of the Act, thus ensuring accountability and adherence to the established norms. The proposed legislation takes into account international best practices in the recognition and treatment of Autism Spectrum Disorders. By aligning with global standards, the Act aims to contribute to the creation of a supportive and inclusive environment for individuals with ASD. In conclusion, the Bill is a significant step towards creating an inclusive society that recognizes and supports the unique needs of individuals with Autism Spectrum Disorders. By fostering early intervention, access to appropriate services, and promoting research, the Act aims to improve the quality of life for individuals with ASD and their families. Hence this Bill. NEW DELHI; BENNY BEHANAN July 3, 2024.132 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for conducting awareness programes to educate the public, healthcare professional and educators about the early science of ASD. Clause 4 provides for research and maintenance of database on Autism Spectrum Disorder. Clause 5 provides for the Central Government to give adequate funds to the States. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees two hundred and fifty crore would be involved from the Consolidated Fund of India per annum. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 133 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 7 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Act. As the rules and regulations will relate to matters of detail only, the delegation of legislative power, is therefore, of a normal character. —————— UTPAL KUMAR SINGH Secretary-General. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054. MGIPMRND—194GI—16-08-2024.