Private Members Bills from Serial Number 1 to 145

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—21 REGISTERED NO. DL—(N)04/0007/2003—21 ससीी..जजीी..--डडीीx..एएxललx..G--अअID..--11H1100x22x22x002222--223333330077 CCGG--DDLL--EE--1111002222002222--223333330077 xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 26] ubZ fnYyh] 'kqØokj] fnlEcj 3] 2021@vxzgk;.k 12] 1943 ¼'kd½ No. 26] NEW DELHI, FRIDAY, DECEMBER 3, 2021/AGRAHAYANA 12, 1943 (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 3.12.2021:— BILL NO. 265 OF 2019 A Bill further to amend the Indian Penal Code, 1860. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Indian Penal Code (Amendment) Act, 2019. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 45 of 1860. 2. For section 124A of the Indian Penal Code 1860, the following section shall be Substitution of substituted, namely:— new section for section 124A. “124A. Whoever, by words, either spoken or written or by signs, or by visible Sedition. representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, and thereby generates an inclination to cause harm to public order by violent acts, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Explanation 1.—The expression “disaffection” includes disloyalty and all feelings of enmity. Explanation 2.—Mere casual raising of slogans against the Government established by law in India shall not amount to sedition unless there is direct and imminent incitement to violence.”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 STATEMENT OF OBJECTS AND REASONS The provision of sedition did not find place in the Indian Penal Code when it was enacted in 1860. Subsequently, for purely political reasons, section 124A was inserted in the Code by the British colonial Government. The section was liberally used to stifle free speech and many nationalist leaders, including Bal Gangadhar Tilak and Mahatma Gandhi, were tried under this section, so much so that Pandit Jawaharlal Nehru once described this section as “highly objectionable and obnoxious”. In such historical backdrop, it was expected that the provisions relating to sedition would not remain in our statute books. However, not only was the provision retained in the statute book, its constitutionality was upheld by the Supreme Court in Kedarnath versus State of Bihar (1962). Since then, the provisions have stood firmly in the statute book and have been used a number of times by successive Governments. The Bill, therefore, seeks to restrict the scope of the definition of sedition to only such cases which bring or attempt to bring into hatred or contempt, or excite or attempt to excite disaffection towards, the Government established by law in India, and thereby generates an inclination to cause harm to public order by violent acts. The Bill seeks to achieve the above object. NEW DELHI; BHARTRUHARI MAHTAB October 25, 2019.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 251 OF 2019 A Bill to provide for prohibition on religious conversions by inducement, coercion or undue influence and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Religious Conversion (Prohibition) Act, 2019. commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) “coercion” means compelling an individual to act against his will by the use of psychological pressure or physical force causing bodily injury or threat thereof;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 (b) “inducement” means offering any gratification or benefit, whether material or otherwise; (c) “prescribed” means prescribed by rules made under this Act; and (d) “undue influence” means the unconscientious use by one person of his power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence. 3. (1) No person shall convert or encourage conversion of any individual from one Prohibition of religion to another by inducement or coercion or undue influence. religious conversion on (2) The onus of proof as to whether a religious conversion was not effected through certain inducement, coercion or undue influence shall lie on the person so converted and, where grounds. such conversion has been facilitated by any person, such other person. 4. Every individual converting from one religion to another shall submit to such authority Declaration as as may be prescribed a declaration to the effect that the conversion was not effected through to conversion. inducement, coercion and undue influence: Provided that where the prescribed authority is satisfied that there is evidence of inducement, coercion or undue influence, it may cause the matter to be investigated further. 5. (1) Whoever contravenes the provision of sub-section (1) of section 3 shall be Punishment. punished with imprisonment for a term, which may extend to five years and also liable to a fine, which may extend to five lakh rupees. (2) Notwithstanding anything in sub-section (1), whoever contravenes the provisions of section 3 in respect of any person belonging to the Scheduled Castes or the Scheduled Tribes shall be punished with imprisonment for a term which may extend to seven years and also be liable to a fine which may extend to ten lakh rupees. 6. (1) If any difficulty arise in giving effect to the provisions of this Act, the Central Power to Government may, by order published in the Official Gazette, make such provisions, not remove difficulties. inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 7. The provisions of this Act shall have effect notwithstanding anything inconsistent Act to have therewith contained in any other law for the time being in force or in any instrument having overriding effect. effect by virtue of any law other than this Act. 8. (1) The Central Government may make, by notification in the Official Gazette, rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Constitution confers on each individual the fundamental right to profess, practice and propagate his religion. However, the individual right to freedom of conscience and religion cannot be extended to construe a collective right to proselytise; for the right to religious freedom belongs equally to the person converting and the individual sought to be converted. Still, there have been umpteen cases of religious conversions, both mass and individual. Obviously, such incidents have been hotly debated, more so in a multi-religious society, such as ours. The presence of pseudo-social organizations with a hidden agenda to convert the vulnerable sections of other religions has further vitiated the environment of mutual harmony among different religions. There have been instances when gullible people have been converted by offering inducements or under undue influence. Some have been forced to convert to other religions. Such incidents not only infringe the freedom of religion of the persons so converted but also militate against the secular fabric of our society. The Bill, therefore, seeks to:— (i) prohibit religious conversions which are effected through inducement, undue influence or coercion by making it an offence; (ii) provide greater punishment for such conversion of persons belonging to the Scheduled Castes or the Scheduled Tribes; (iii) provide that the onus of proof that the conversion was not effected through inducement, coercion or undue influence lies on the person converting them and the person converted; and (iv) provide that every individual converting from one religion to another shall submit to the prescribed authority a declaration that the conversion was not effected through inducement, coercion and undue influence and such authority can make an inquiry in suspected cases. The Bill seeks to achieve the above objectives. NEW DELHI; BHARTRUHARI MAHTAB October 25, 2019. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 BILL NO. 290 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of t he Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2019. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. After article 14 of the Constitution, the following article shall be inserted, namely:— Insertion of new article 14A. ‘‘14A. The State shall not discriminate in the matters of personal laws, including State not to but not limited to laws relating to marriage, divorce, succession, guardianship, adoption discriminate in the matters of and maintenance, on the ground of religion.” personal laws on the ground of religion. 3. Article 44 of the Constitution shall be omitted. Omission of article 44.8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Article 44 of the Constitution, in mild diction, persuades the State to secure a uniform civil code for all the citizens. However, despite the fact that a common civil code is considered a desired objective by the very organic law of the country, any semblance of consensus on the issue has eluded us during the seventy years of the working of the Constitution. As a result, different civil laws prevail for different religious communities. Ironically, the Constitution also comprises the principle of equity and equality before law, which, among other things, prohibits the State from discriminating against citizens on the ground of religion. In order to establish equality before law in its true sense, it is necessary that all citizens are subjected to the same civil laws irrespective of their religious persuasions. The Bill, therefore, seeks to insert a new article 14A with a view to provide that the State shall not discriminate in the matters of personal laws on the ground of religion. The Bill also seeks to omit article 44 of the Constitution. Hence this Bill. NEW DELHI; BHARTRUHARI MAHTAB October 25, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 BILL NO. 31 OF 2019 A Bill to provide for special financial assistance to the State of West Bengal for the purpose of promoting the welfare of Scheduled Castes, 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 Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Special Financial Assistance to the State of Short title and West Bengal Act, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Special 2. There shall be paid such sums of moneys out of the Consolidated Fund of India, financial every year, as Parliament may by due appropriation provide, as special financial assistance assistance to to the State of West Bengal to meet the costs of such schemes of development, as may be the State of West Bengal. undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of Scheduled Castes, Scheduled Tribes and Other Backward Sections of people and 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 for the time being in force. other laws.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 STATEMENT OF OBJECTS AND REASONS The State of West Bengal is socially and economically backward. The problems of poverty, unemployment and illiteracy are required to be addressed urgently and in a time-bound manner. Measures for proper utilization of resources, welfare of weaker sections in the region and initiating new development schemes are also required to be undertaken in an expeditious and time-bound manner. The State of West Bengal has also been facing the problem of naxalite violence for a number of years. In view of its economic backwardness, the naxalites have found sympathetic elements within the population. Therefore, economic backwardness is the root cause of the naxalite problem. It is, therefore, necessary that the Central Government should provide special financial assistance to the State of West Bengal for its all-round development including the welfare of weaker sections and for the development and exploitation of its vast natural resources. Such a step of providing financial assistance to this State would go a long way in building this nation more and more strong. Hence this Bill. NEW DELHI; ADHIR RANJAN CHOWDHURY June 3, 2019.12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides that there shall be paid such sums of moneys out of the Consolidated Fund of India, every year, as Parliament may by due appropriation provide, as special financial assistance to the State of West Bengal 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 West Bengal. As the sums of moneys which will be given to the State of West Bengal as special financial assistance by appropriation by law made by Parliament will be known only after the 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 13 BILL NO. 137 OF 2021 A Bill to provide for the welfare of ambulance drivers and helpers and for matters connected therewith. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the Ambulance Drivers and Helpers (Welfare) Act, 2021. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In 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;14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "ambulance" means a vehicle registered under section 66 of the Motor Vehicles Act, 1988 and as defined in the National Ambulance Code provided by 59 of 1988. the National Injury Surveillance Trauma and Registry and Capacity Building Centre (NISC); · (c) "ambulance driver" means the driver of an ambulance who holds a valid driving license and registered with the Ambulance Registry of the State Transport Department concerned; (d) "beneficiary" means an ambulance driver or a helper registered with the registry under section 6; (e) "dependent" includes the parents, spouse, children or siblings of any ambulance driver or helper, as the case may be; (j) "prescribed" means prescribed by rules made under this Act; (g) "registry" means the registry of ambulances within the State maintained under section 6: and (h) "Scheme" means the Insurance Scheme for the Welfare of Ambulance Drivers and Helpers formulated under section 3. Formulation 3. The Central Government shall, by notification in the Official Gazette, formulate an of Insurance Insurance Scheme for the Welfare of Ambulance Drivers and Helpers. Scheme for the Welfare of Ambulance Drivers and Helpers. Payment for 4. The payment for the annual premium in respect of the Insurance Scheme formulated premium for under section 3 shall be borne as under:— Insurance. (a) the Central Government - thirty-five per cent. of the total insurance premium; (b) the State Government - forty-five per cent. of the total insurance premium; (c) the hospital or the trust which runs the ambulance - ten per cent. of the total insurance premium; and (d) ambulance drivers - ten per cent. of the total insurance premium. Implementation 5. The appropriate Government shall designate an authority not below the rank of and State Transport Commissioner to implement and monitor the provisions of this Act. Monitoring of the Act. Registry. 6. (1) The appropriate Government shall maintain an online Registry of the ambulance drivers and helpers under their respective jurisdiction. (2) The Registry maintained under sub-section (1) shall contain details of the— (a) ambulance drivers and helpers including their dependant family members; and (b) entry of transfer of each patient undertaken by every ambulance driver. Agreement 7. (1) The appropriate Government shall enter into an agreement with such Insurance with Insurance Company, as it may deem appropriate, to extend health and life insurance coverage to every Companies beneficiary. and private hospitals. (2) The Insurance Company shall enter into agreement with privately owned hospitals to provide healthcare services to the beneficiaries. (3) The Insurance Company shall,— (a) make payment to private hospitals at such rate, as may be agreed upon by both the parties, for providing healthcare services to the beneficiaries;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 (b) make payment for annual full body medical checkup of every beneficiary; (c) extend life insurance cover upto rupees fifty lakh to each beneficiary against personal mishappening or accident; and (d) extend health insurance cover upto rupees ten lakh to the beneficiary and his dependent family members. 8. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, provide in each financial year such sums of money to the State Governments and Government to provide Insurance Companies as it thinks necessary for implementation of the provisions of this Act. fund. 9. (1) Any Insurance Company which has entered into an agreement with private Inspection of hospital under section 7. may either itself or through an agency designated in that behalf hospitals. inspect privately owned hospitals from time to time to ensure that provisions of th is Act are complied with. (2) If any hospital does not comply with the provisions of this Act, such hospital shall be liable to pay such compensation, as may be prescribed in the agreement under section 7. 10. 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 regulating any of the matters dealt with in th is Act. derogation of any other law. 11. (1) The appropriate Government may, by notification in the Official Gazette, make Power to rules for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid. both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so. however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (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.16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Ambulances are categories of special vehicles as defined under section 66 of the Motor Vehicles Act, 1988. These life saving vehicles ply on road at a high speed. Even though the ambulances are emergency life saving vehicles, there is no safety of drivers and helpers lives who drive to save lives of others. Most of these vehicles have helpers who takes care of emergency needs of the patient being transported. India has a large number of driving professionals who are registered as ambulance drivers. Unfortunately they have not been provided any social security by the Government. Even though the new Labour Code takes gig workers into consideration, it neglects a large number of such ambulance drivers who saves thousands of lives every clay. There is imminent threat to their own life considering the speed at which they undertake their journey. Hence considering the importance of service they render to humanity, the State has the responsibility to protect them. The Bill, therefore, seeks to provide for formulation and implementation of an health and life insurance scheme for the welfare of ambulance drivers and helpers in the country. Hence this Bill. New Delhi; M.K. RAGHAVAN July 7, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for formulation of an Insurance Scheme for the Welfare of Ambulance Drivers and Helpers. Clause 4 provides for the Central Government to contribute thirty-five per cent. of the total amount of insurance premium for the Scheme. Clause 6 provides for the appropriate Government to maintain an online Registry of the ambulance drivers and helpers under their respective jurisdiction. Clause 8 provides for the Central Government to provide funds to the State Governments and Insurance Companies as it thinks necessary for implementation of the provisions of this Act. The expenditure in respect of States shall be met out of the Consolidated Funds of the State Government concerned. The expenditure in respect of Union territories shall be borne by the Central Government. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees one hundred crore would involve from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 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.18 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 139 OF 2021 A Bill further to amend the Representation of the People Act, 1951. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:- Short title and 1. (1) This Act may be called the Representation of the People (Amendment) Act, 2021. commencement. (2) It shall come into force on such date as the Central Government, may by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 43 of 1951. 2. For section 61 of the Representation of the People Act, 1951, the following section Substitution of shall be substituted, namely:— new section for section 61. "61. With a view to preventing personation of electors, provisions may be made Special by rules made under this Act:— Procedure for preventing (a) for usage of biometric authentication using Aadhaar for each electors personation of before casting his vote so as to identify each electors based on the serial number Electors. provided in the electoral roll; (b) for allowing only those electors whose name and serial number has been verified using the Aadhaar biometric to proceed towards the voting compartment; (c) for the verification of identity by the Presiding Officer in case of all those electors who do not have Aadhaar or who wish to vote otherwise under traditional means; (d) for remote voting including postal ballot by means of electronic ballots to be authorized through Aadhaar based OTP enabled system for electors above the age of sixty years.".20 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In the year 1951, the Representation of the People Act was enacted to provide conduct of elections of House of Parliament and to House or Houses of Legislatures of each State, the qualifications and disqualifications of the membership of those Houses, the corrupt practices and other offences at or in connection with such elections and decisions and doubts and disputes arising out of or in connection with such elections. Section 61 provides for special procedure for preventing personation of electors. The usage of indelible ink was prescribed as a means to prevent personation of electors. However with the advent of modern technologies, a much easier way using electronic mode can be used to prevent personation of electors. The usage of Aadhaar enabled biometric system has helped India in building an efficient PDS system. The same principle can be used to enable identify the electors. This would totally eliminate any chance of personation of electors and would save time of the officials conducting polls. It will ensure that 'No Voter is left behind'. All those aged sixty years and above may find it difficult to walk to the polling booths. Considering the vulnerabilities in health caused as a result of pandemic, it's always better to keep senior citizens out of the polling booths. They can be given a better alternative to vote based on the OTP enabled system in a secure and safe manner. The need is to do away with the traditional postal ballot system for all employees engaged in election duty and to bring in an electronic system by means of a portal system authenticated via an OTP system. The method shall be based on secure encrypted technologies and shall be foolproof. The Bill seeks to achieve the above objectives. Hence this Bill. NEW DELHI; M.K. RAGHAVAN July 7, 2021. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 2 of the Bill vide proposed section 61 empowers the Central Government to make rules regarding special provision for preventing personation of elections. As the rules relate to matters of detail only, the delegation of legislative powers is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 BILL NO. 222 OF 2019 A Bill to provide for the appointment of a Commission for the recruitment, appointment and administration of secretarial staff of the House of the People and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the House of the People (Administration) Act, 2019. Short title. 2. In this Act, unless the context otherwise requires,— Definitions. (a) “Commission” means the House of the People Commission constituted under section 3 of this Act; (b) “House” means the House of the People; (c) “Leader of the House” means the Prime Minister or a member of the House, as may be nominated by the Prime Minister for the purposes of this Act;22 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (d) “Leader of the Opposition” means a member of the House who is recognized by the Speaker as such or his nominee, who shall be a member of the House, and if there is no such leader, then the leader of the party in the Opposition having the largest number in the House; (e) “Secretarial Staff” means the staff of the House of the People; (f) “Secretariat” means the Secretariat of the House of the people; and (g) “Speaker” means Speaker of the House of the People. Constitution 3. (1) There shall be constituted a Commission to be known as the House of the People and Commission to perform the functions conferred on it by this Act. composition of the (2) The Commission shall be appointed by the House on a motion to be moved by the Commission. Leader of the House and adopted by the House. (3) The Commission shall consist of the following— (a) the Speaker; (b) the Deputy Speaker; (c) the Leader of the House; (d) the Leader of the Opposition; and (e) three members of the House to be elected by the system of proportional representation by means of a single transferable vote. Time up to 4. The Speaker and the Leader of the House shall continue to be the members of the which Commission until immediately before the assumption of the office by their respective Speaker and successors. Leader of the House continue as Members of Commission. Cessation of 5. A member of the Commission other than the Speaker and the Leader of the House membership shall cease to be a member of the Commission if he ceases to be a member of the House. of the Commission. Chairman of 6. (1) The Speaker shall be the ex-officio Chairperson of the Commission. the Commission. (2) While the office of the Speaker is vacant, the Deputy Speaker shall function as the Chairperson of the Commission and, if for any reason, the Speaker is unable to act as the Chairperson of the Commission, the Deputy Speaker shall act as the Chairperson of the Commission. Appointment 7. (1) There shall be a Secretary-General of the House who shall be appointed by the of Secretary- President of India on the recommendation of the Commission. General. (2) The Secretary-General shall be appointed from amongst those who have distinguished themselves and made their mark in the service of the House in various capacities in the Secretariat for not less than twenty years. (3) The Secretary-General shall be the head of the Secretariat. Vacation and 8. The office of the Secretary-General shall become vacant— resignation of the office of (a) on his attaining the age of superannuation, as may be fixed by the Commission; Secretary- and General. (b) on his resignation in writing addressed to the President of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23 9. Save as otherwise provided in this Act, the Commission shall,— Functions of the (a) frame rules for regulating the recruitment, appointment, promotion and other Commission. service conditions of the Secretary-General and officers and staff of the Secretariat; (b) adopt such service rules of the Government of India as it may deem fit; (c) recruit and appoint officers and staff of the Secretariat; (d) appoint officers and staff on deputation to posts in the Secretariat from other services such as Judicial services or from office of the Comptroller and Auditor General or from State Legislatures; (e) determine the strength of the secretarial staff at various levels and their pay scales and other allowances; (f) ensure that the classification, grading, salaries, allowances and other conditions of service, including pension and other benefits, of the personnel in the Secretariat are kept generally in conformity with those of the personnel in other comparable services in the Government of India and also consistent with the service requirements of the House; (g) consider and decide appeals against the orders of the Speaker or Secretary- General, as the case may be, submitted by the officers and staff of the Secretariat; (h) prepare an estimate for each financial year of the expenses of the services of the House and of any other expenses incurred for the service of the House and lay them before the House; (i) appoint a member of the secretarial staff as “Finance Officer” who will be responsible for accounting for the sums paid out of money provided by Parliament for the service of the House; and (j) exercise all powers necessary to implement the provisions of clause (1) of article 98 of the Constitution of India towards the constitution of a separate, independent and autonomous Secretariat of the House. 10. (1) The Commission may delegate to the Speaker or Secretary-General any of its Delegation of functions under this Act. Functions of Commission. (2) Anything done by or in relation to a person, to whom functions are delegated under this section, in the discharge of functions of the Commission, shall have the same effect as if it were done by or in relation to the Commission. (3) Any delegation of functions made by the Commission under this section or any amendment or revocation of such delegation shall be mentioned in the annual report of the Commission made under section 12. 11. The validity of any proceedings of the Commission shall not be affected by any Validity of vacancy among the members of the Commission, or by any defect in the appointment or the nomination of any members of the Commission. proceedings of the Commission. 12. The Commission shall, as soon as possible, after the end of every financial year Annual present to the House a report on its functions in that year. Report of the Commission. 13. (1) The Commission may make rules to regulate its procedure and conduct of its Power to business. make rules. (2) The Commission may, by notification in the Official Gazette, make rules to regulate recruitment and conditions of service of the secretarial staff.24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the House, 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, the House agrees in making any modification in the rule, or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be. Transitional 14. All persons employed in the secretarial staff immediately before the coming into provisions. force of this Act, shall be treated, for all purposes, as if their appointment had been made by the Commission. Saving. 15. All rules, Regulations and orders made and in force immediately before the coming into force of this Act, shall be deemed to have been made by the Commission and shall continue to be valid and operative unless modified or revoked by the Commission; so, however, anything contained therein being inconsistent with any provisions of this Act, shall be of no effect and be void to the extent of such inconsistency.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25 STATEMENT OF OBJECTS AND REASONS The concept of an independent Secretariat of Parliament is an essential adjunct of Parliamentary democracy. The significance of this conceptualization of a Secretariat independent of the Executive was fully realized in the 1920s when the then Central Legislative Assembly passed unanimously a resolution moved by Pandit Motilal Nehru and seconded by Lala Lajpat Rai. Later, Vithalbhai Patel ceaselessly endeavoured in this direction. The independent position of the Secretariats of the Houses of Parliament was recognized by the makers of our Constitution when they considered it necessary to incorporate a separate and exclusive article (article 98) in the Constitution. This article envisages enactment by Parliament of a law to regulate the recruitment and conditions of service of persons appointed to the secretarial staff of the House. The enactment of such a legislation is long overdue. The unique position of the Lok Sabha Secretariat demands, as it does, a special sense of dedication and impartiality from the secretarial staff in the discharge of their duties and requires a broad-based institutional arrangement representing the House to be statutorily made available to assist the Speaker in watching and safeguarding the interests of the secretarial staff in the service of the House and its members. This institutional arrangement is sought to be made by providing a House of the People Commission. Hence this Bill. NEW DELHI; N.K. PREMACHANDRAN July 8, 2019.26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill seeks to provide for the constitution of a House of the People Commission. Its members shall be the members of the House of the People who would be discharging their duties in relation to the Commission as its members. The expenditure towards the payment of their TA/DA, if any, would be a part of the normal expenditure of the House. The increase in the expenditure, if any, as a result of constituting the Commission would be a marginal one and that would not be possible to be quantified in specific terms at this stage. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 13 of the Bill seeks to confer on the Commission the power to make rules for carrying out the purposes of this Act. As the matters in respect of which such rules may be made 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 27 BILL NO. 17 OF 2019 A Bill to provide for regularization of the services of ASHA workers and conferring the status of permanent employee of the Government on them and for matters connected therewith. BE it enacted by the Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the ASHA Workers (Regularization of Service and Short title, Other Benefits) Act, 2020. extent and commencement. (2) It extends to the Union territories only. (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) "ASHA worker" means accredited social health activist working as community health worker instituted by the Government of India, Ministry of Health and Family Welfare as a part of National Health Mission; and (b) "prescribed" means prescribed by rules made under this Act. Regularization 3. (1) The Central Government shall, by notification in the Official Gazette, of services of take steps to regularize the services of ASHA workers and confer the status of Group "C" ASHA employees of the Government on such ASHA workers who are serving in National Health workers. Mission immediately before the commencement of this Act. (2) Every ASHA worker whose service has been regularized shall be entitled to such tenure, terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits as are available to Group "C" employees of the Central Government. Accommodation 4. The Central Government shall take steps to provide accommodation to all ASHA to ASHA workers within the vicinity of their workplace. workers. Power to 5. 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 expiry of two years from the date of commencement of this Act. Provisions of 6. The provisions of this Act shall be in addition to and not in derogation of any other the Act to be law for the time being in force. in addition to other laws. Power to 7. (1) The Central Government may make rules for carrying out the purposes of this make rules. 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 session 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 29 STATEMENT OF OBJECTS AND REASONS ASHA workers the accredited social health activist are working under the Ministry of Health and Family Welfare as part of National Health Mission contributing remarkable service in Health sector. The ASHA workers working as link between Health Department and Common man so as to create awareness and promote health activities in the country. The contribution of ASHA workers are helpful to improve the health standard of the country. The ASHA workers are good promoters of various schemes of the Central Government and State Government and ensuring the health of common man. The duties and service rendered by the ASHA workers are very important for the protection of the health. The ASHA workers do not have job security and the honorarium given to them are not sufficient for meet their immediate requirement. This may adversely affect the working of the integrated child development scheme. The ASHA workers are one of the main link between Government and general public. They are helping the Government for the effective implementation health programmes. Considering the importance of their duties and service, it is highly necessary to protect their service and welfare. Hence this Bill. NEW DELHI; N.K. PREMACHANDRAN November 8, 201930 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides the regularization of service of ASHA workers and confer the status, wages and welfare not less than the status, wages and welfare of Group "C" employees of the Central Government. Clause 4 provides for provision of accommodation to ASHA workers. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees three thousand crore per annum is likely to be incurred from the Consolidated Fund of India. A non-recurring expenditure of about rupees five thousand crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 7 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character. ————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31 BILL NO. 32 OF 2020 A Bill further to amend the Citizenship Act, 1955. BE it enacted by the Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Citizenship (Amendment) Act, 2020. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 57 of 1955. 2. In the Citizenship Act, 1955, (hereinafter referred to as the principal Act), in Amendment of section 2. section 2, in sub-section (1), in clause (b), for the existing proviso, the following proviso shall be substituted, namely:— "Provided that persons, who have faced persecution on various grounds in their countries and entered into India on or before the 31st day of December, 2014, shall not be treated as illegal migrant for the purposes of this Act.".32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 3. In the Third Schedule to principal Act, in clause (d), for the existing proviso, the of the Third following proviso shall be substituted, namely:— Schedule. "Provided that for the person, who has faced persecution on various grounds in his Country and entered into India, the aggregate period of residence or service of Government in India as required under this clause shall be read as "not less than five years" in place of "not less than eleven years".".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33 STATEMENT OF OBJECTS AND REASONS The Citizenship Act, 1955 (57 of 1955) was enacted to provide for the acquisition and determination of Indian Citizenship. The trans-border migration of population has been happening continuously to the territories of India. Such population faced persecution on various grounds in their countries and entered into India. However, there are certain categories of population who are yet not included in the purview of Act. Even though the population is likely to stay in India permanently, the time period prescribed in the Third Schedule to the Act denies them opportunities. Therefore the amendment in third schedule is required. Hence this Bill. NEW DELHI; N. K. PREMACHANDRAN January 16, 2020. ————34 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 248 OF 2019 A Bill to establish an Employees' Welfare Authority to confer the right on every employee to disconnect from work related telephone calls and emails beyond work hours and on holidays and right to refuse to answer calls and emails outside work hours and for all matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Right to Disconnect Act, 2019. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35 2. In this Act, unless the context otherwise requires,— Definitions. (a) “annual report” means a report giving the details of developmental activities taken up over the year by the Authority and detailing about targets set and achieved; (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 Employees' Welfare Authority constituted under section 3; (d) “company” means an entity registered under the Companies Act, 2013; (e) “Out-of-work hours” means the time other than which is agreed upon, between the employer and employee, in the work contract as the work hours; (f) “society” means an entity registered as society under the Societies Registration Act of 1860; and (g) “prescribed” means prescribed by the rules made under this Act. 3. (1) With effect from such date as the Central Government may, by notification, Constitution of the appoint, there shall be constituted, for the purposes of this Act, an Authority, to be known as Employees' the Employees' Welfare Authority consisting of the following members, namely:— Welfare Authority. (a) Minister of State, Ministry of Electronics and Information Technology— Chairperson ex-officio; (b) Minister of State, Ministry of Communications—Vice-Chairperson ex-officio; (c) Minister of State, Ministry of Labour and Employment—Vice Chairperson ex-officio; (d) Secretaries of the Union Ministries of Electronics and Information Technology, Communication, Labour and Employment and Statistics and Programme Implementation—member ex-officio; (e) Chief Labour Commissioner—member ex-officio; and (f) Director General, Labour Bureau—member ex-officio. (2) The Central Government shall appoint such number of officers and staff as it considers necessary for the functioning of the Authority. (3) The salary and allowances payable to and other terms and conditions of services of officers and staff of the Authority shall be such, as may be prescribed. 4. (1) The Authority shall meet at such times and places and shall observe such rules Meetings of of procedure in regard to transaction of business at its meetings as may be prescribed by the the Authority. Central Government. (2) The expenditure incurred to attend meetings by the members referred to in sub-clauses (a) to (f) of section 3, shall be borne by the Ministry concerned. 5. (1) The Authority shall discharge such functions as may be necessary to ensure the Functions of welfare of employees in the country and formulate a charter that outlines the terms and the Authority. conditions to be negotiated between employees and employers of a company or society, within one year from the date of its constitution. (2) The Authority shall disseminate any necessary knowledge and information collected on the use of digital and communication tools, to the State Governments, to be disseminated to the companies and societies.36 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The rights and benefits conferred on employees, under this Act, shall be in addition to those already being enjoyed by them under different ongoing Government employee welfare schemes. 6. (1) The Authority shall undertake a baseline study to collect comprehensive data about usage of digital and communication tools outside work hours and in personal life by all workers either employed in a company or society, which shall be completed within one year from the date of its constitution. (2) The Authority may direct the appropriate Government, societies and companies to assist in conducting the baseline study. Right to 7. Every employee shall have the right to disconnect out of work hours. disconnect of employees. Explanation.—For the purpose of this section:— (a) 'right to disconnect' means that while the employer may contact the worker after work hours, the employee is not obliged to reply or shall have right to refuse to answer such calls; and (b) in case an employee refuses to reply any call during out-of-work hours, such employee shall not be subject to any disciplinary action by the employer. Drafting of 8. (1) The Authority shall direct every company and society having more than ten customised employees to conduct negotiations with employees, unions or employee representatives to Charter by decide the terms and conditions for working out-of-work hours: individual companies Provided that the right to disconnect rules and protocols shall be negotiated at the and societies. level of individual company or society taking into consideration the diverse work cultures of different entities and their competitive needs. (2) The individual registered entity (company or society) shall produce its own Charter detailing clarification on the out-of-work hours, service conditions of employees and the respective demands of the employers. Charter to be 9. (1) The Charter of individual entity made under sub-section (2) of section 8 shall included in identify on an individual basis, as to when an employee be contacted during out-of-work the Charter hours and holidays which are arrived at through negotiations and mutual agreement of of individual employer and employee. entities. (2) Every employee shall be entitled to right to disconnect, when contacted for work related purpose during time other than that agreed upon under sub-sections (1) and (2). Contact via 10. An employer may contact any employee either through telecom, videocall, message, call, message email in other form of communication out-of-work hours, during the time mutually agreed and email, upon by such employee and employers. etc. Overtime pay 11. Every employee working during out-of-work hours mutually agreed, shall be entitled for working to overtime at the normal wage rate. outside work hours. Employees 12. Every registered company and society shall constitute Employees' Welfare Welfare Committees consisting of its employees to assist or represent the employees for negotiation Committees of terms and conditions of out-of-work hours with employers. of individual entities. Negotiations 13. The appropriate Government shall ensure that the negotiations for conditions of to be outside-work-hours, between employees and employer are conducted at regular intervals, to conducted at ensure flexibility in the rules of right to disconnect. frequent intervals.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37 14. The Charter of the individual entity shall explicitly mention normal the out-of-work In case of hours to be followed until an agreement is reached between the employer and its employees: agreement not reached. Provided that if any employer contacts his employee during the period when there is no mutually agreed out-of-work period, the employee, during out of work hours,— (a) shall not be obliged to respond and shall have right to disconnect; or (b) may choose to respond, for which he shall be entitled to get overtime pay in such manner as may be prescribed. 15. Every individual registered entity, company or society, shall frame a policy for its Policy for employees who are working in remote areas or, involved in teleworking or working from employees working home, such policy has to be mutually agreed by employees. remotely. 16. Every individual registered entity, company or society, shall undertake awareness Awareness programmes to sensitise its employees, on reasonable use of digital and communication increasing activities by tools, for work related purposes, during travel and teleworking. entities. 17. The appropriate Government shall, in consultation with the individual entities, Counseling provide counseling services to employees to help them maintain work-life balance. for work-life balance. 18. The appropriate Government shall set up digital detox centres and provide digital Digital Detox detox counseling services to citizens for reasonable personal use of digital and communication Centres. tools. 19. Every individual entity shall pay penalty at the rate of one per cent of total employees' Penalty to be remuneration for,— paid by the entity for (a) any out-of-work service condition not defined in the Charter made under section 9; non- compliance (b) any out-of-work service condition not defined in the policy for employees working with the remotely under section 15; and provisions of the Bill. (c) any non-adherence to any of the provisions of this Act. 20. (1) The Authority shall prepare once every year, as may be prescribed, an annual Annual report report giving the summary of its activities, including schemes it has undertaken and and its laying recommended to the Government over the year and it shall contain statements of annual before the Parliament. accounts of the Authority. (2) A copy of the report shall be forwarded to the Central Government, and the CentralGovernment shall lay the report before each House of Parliament. 21. The Central Government, shall from time to time after due appropriation made by Central Parliament by law in this behalf, provide requisite funds for carrying out the purposes of this Government to Act. provide funds. 22. (1) If any difficulty arises in giving effect to the provisions of this Act, the Power to CentralGovernment, in consultation with the State Governments, may make such order or remove difficulty. give such direction, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for the removal of any difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 23.(1) The Cental Government, in consultation with the State Governments, may by Power to notification in the Official Gazette, make rules for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the38 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 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 39 STATEMENT OF OBJECTS AND REASONS With the advent of digital and communication technology, an average worker can work directly from his smart-phone. According to the report released by the World Economic Forum, the proportion of mobile workers who could work from any location, is expected to rise beyond seventy per cent. While this has benefits in terms of work flexibility, it also carries with it a significant risk of erosion of boundaries between professional and personal life. Studies have found that if an employee is expected to be available round the clock, they tend to exhibit risks of over-work like sleep deprivation, developing stress and being emotionally exhausted. This persistent urge to respond to calls and e-mails (termed as 'telepressure'), constant checking of e-mails throughout the day, and even on weekends and holidays, is reported to have destroyed to work-life balance of employees. According to a study, the constant monitoring of work related messages and e-mails, may over tax employees' brains leading to a condition called 'info-obesity'. The condition is characterised by stress, burnouts and sleeplessness. Studies show that when employees are overburdened with work, either their productivity stays constant or even reduces with increase in work hours. In the year 2014, a study conducted by the University of Stanford found that the output and productivity of employees plateaued off after fifty work hours per week. In fact, workers’ productivity declined when they were over burdened with sixty work hours per week. Research depicts that employees who respond to work related calls and mails after 9 pm, had the worst quality of sleep which consequently had a bearing on their productivity. The need is to respect the personal space of the employees by recognising their right to disconnect and not respond to their employer's calls, e-mails etc., during out-of- work hours. The need is also to recognise the rights of the employees, it also takes into consideration the competitive needs of the companies and their diverse work cultures. Flexibility in the right to disconnect rules and leaves it to the individual companies to negotiate terms of service with their employees is need of the hour. The digital transformation has direct impact on conditions in the employment contract, like the time and the place of work. Hence if an employees agrees to works during out-of- work hours, overtime pay at the same rate as his wage rate is also necessary to check the surge in unpaid overtime work, brought about by digital transformation. Cases of lack of consensus between employer and employee during negotiations needs to be addressed. In such cases the company is required to explicitly lay out their out-of-work demands from their employees, in the Charter, and the employees can either choose to work or enforce their right to disconnect. The companies shall be mandated to draft their own policy towards employees working remotely, tele-working and travelling for work. The Constitution of Employees' Welfare Committees at every company to assist the employees in negotiations with employers is also required. Provision to ensure that these negotiations are held frequently at regular interval, to keep in line with the dynamic business demands are to be incorporated. The present Bill seeks to impose penalty at the rate of one per cent of its total employees' remuneration, on entities (companies or societies) for any non-compliance with the provisions of the Bill. To rein in the adverse effects of hyper- connectivity on employees' personal life, the Bill also provides for counseling services to increase awareness among employees and citizens, on reasonable use of digital and communication tools, for professional and personal use. To free an employee from digital distractions and enable him to truly connect with the people around him, the Bill provides for digital detox centres. The Bill thus champions for the rights and welfare of employees, by mandating individual entities to negotiate out-of-hour service conditions with their employees, and upholding the right of employee to disconnect.40 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— The Bill seeks to recognise right to disconnect as a way to reduce stress and ease tension between an employee's personal and professional life. Hence, this Bill. NEW DELHI; SUPRIYA SULE October 28, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of Employees Welfare Authority. Clause 4 provides for expenditure incurred in conducting meetings of the Authority. Clause5 provides for the various functions of the Authority. Clause 17 provides for counseling services for maintaining work-life balance. Clause 18 provides for setting up digital detox centres. Clause 21 provides for requisite funds for carrying out the functions of this Act. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees one thousand crore would be involved as recurring expenditure per annum. A non-recurring expenditure of rupees one thousand crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 23 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.42 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 337 OF 2019 A Bill to provide for mandatory pre-legislative consultation mechanisms within each Ministry or Department of the Central Government, establishment of internal teams to co-ordinate such consultations and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows: — CHAPTER I PRELIMINARY Short title 1. (1) This Act may be called the Pre-Legislative Consultation Act, 2019. and commencement. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43 2. In this Act, unless the context otherwise requires,— Definitions. (a) "Chief Consultation Commissioner" and "Consultation Commissioner" shall mean the Chief Consultation Commissioner and the Consultation Commissioner appointed under sub-section (3) of section 12; (b) “Consultation Commission" means the Consultation Commission constituted under sub-section (1) of section 12; (c) "Consultation Officer" means the Consultation Officer designated under sub-section (1) of section 11; (d) "draft legislation" means a proposed draft of Bill, draft set of rules or regulations that are presently under consideration, and are required to be tabled in, or passed by the Houses of Parliament to have legal effect; (e) "prescribed" means prescribed by rules made under this Act; (f) "public comments" means communication from stakeholders or the general public, either written or online, detailing data, views, arguments and input regarding a draft legislation; (g) "public consultation" means the conducting of a physical meeting between the relevant department or ministry, the identified stakeholder and/or the general public to discuss and receive inputs on the draft legislation; and (h) "stakeholders" means such individuals or group of individuals who are likely to be affected by a draft legislation. CHAPTER II PUBLISHING OF DRAFT LEGISLATIONS 3. (1) Every Department or Ministry of the Central Government shall proactively Publishing of publish the draft legislation on its website as to be prominently visible and easily accessible draft legislation. to the general public and in such other manner as may be prescribed. (2) Where such draft legislation affects a specific group of people, it may be documented and disseminated through print or electronic media or in such other manner, as may be considered necessary to give wider publicity so as to reach the affected people. 4. Every Department or Ministry concerned of the Central Government shall publish Ministry to or place in public domain the draft legislation and related information, including brief provide details of justification for such legislation, essential elements of the draft legislation, its broad financial draft implications and an estimated assessment of the impact of such legislation on environment, legislation. fundamental rights, lives and livelihoods of the concerned and affected people. 5. The Details as specified under section 4 shall be kept in the public domain in such Time period manner as may be specified by the Department or Ministry concerned for a minimum period for draft legislation to of thirty days. be in public domain. 6. Notwithstanding anything contained in this Act, there shall be no obligation to Exceptions. publish draft legislation following matters:— (a) internal functioning of any Department or Ministry or its personnel, public property, loans, grants, benefits or contracts; and (b) any military, naval or foreign affairs function of the Central Government. CHAPTER III PUBLIC COMMENTS AND CONSULTATION 7. (1) Every Department or Ministry of the Central Government shall, in addition to Public placing any draft legislation in the public domain, provide forums for the relevant comments.44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— stakeholders and the general public to comment on the draft legislation through submission of written data, views and arguments, with or without opportunity to present the same orally in any manner. (2) For the purpose of inviting public comments under sub-section (1), the concerned Department or Ministry shall clearly specify,— (a) the physical address, email address or web link where public comments may by submitted; (b) form of submission of public comment including format and word limit; and (c) deadline for submission of public comment. Public 8. Where the concerned Department or Ministry of the Central Government provides consultation. the opportunity to the public or the stakeholders to comment on the draft legislation, the Department or Ministry shall clearly and publicly provide notice of offering such comments and where such comments are to be obtained only from a specific number of stakeholders, then such stakeholders shall be served notice in person in such form as may be prescribed. (2) the notice under sub-section (1) shall include inter alia:— (a) a statement of the time, place and nature of public comments; (b) reference to the authority under which the draft legislation is proposed; (c) the terms or substance of the draft legislation and a description of the subjects and issues involved; and (d) such other details as may be prescribed. Publishing of 9. The concerned Department of Ministry of the Central Government, shall, after output of consideration of all relevant matter presented through the public consultation and public public comments, publish an output document summarizing the details of stakeholders identified, comments and inputs received and the reasons for accepting and rejecting the suggestions received in consultation. such form as may be prescribed. Reasons to be 10. Notwithstanding anything contained in this Act, if the concerned Department or recorded for Ministry is of the view that it is not feasible or desirable to hold public consultations or not having invite public comments, it shall record its reasons in writing in such form as may be prescribed. public comments and consultation. Designation of 11. (1) Every Department and Ministry of the Central Government shall, within one Consultation hundred days of the coming into force of this Act, designate such number of officers as the Officers. Consultation Officers as may be necessary, for the fulfillment of such department, or ministry's obligations as set out under this Act. (2) The Consultation Officers designated under sub-section (1) of each Department and Ministry shall be responsible for:— (a) ensuring the publication of the draft legislation in the manner set out in section 3; (b) providing the required forum for public comments; (c) identifying key stakeholders to be consulted; (d) coordinating and setting up avenues for public consultations; (e) generating the output document; (f) rendering all required assistance to the Consultation Commission; and (g) fulfilling such other responsibilities as may prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45 CHAPTER IV CONSULTATION COMMISSION 12. (1) the Central Government shall, by notification in the Official Gazette, constitute Constitution a body to be known as the Consultation Commission to exercise the powers conferred of Consultation on, and to perform the functions assigned to it under this Act. Commission. (2) The Consultation Commission shall consist of— (a) the Chief Consultation Commissioner; and (b) such number of Consultation Commissioners, not exceeding ten as may be deemed necessary for carrying out the purposes of this Act. (3) The Chief Consultation Commissioner and Consultation Commissioner shall be appointed by the President on the recommendation of a Committee consisting of— (i) the Prime Minister, who shall be the Chairperson of the Committee; (ii) the Leader of Opposition in the House of the People or Leader of the single largest party in opposition as the case may be; and (iii) a Union Cabinet Minister to be nominated by the Prime Minister. (4) The general superintendence, direction and management of the affairs of the Consultation Commission shall vest in the Chief Consultation Commissioner who shall be assisted by the Consultation Commissioners and may exercise all such powers and do all such acts and things which may be exercised or done by the Central Consultation Commission autonomously without being subjected to directions by any other authority under this Act. (5) The Chief Consultation Commissioner and Consultation Commissioners shall be persons of eminence in Public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. (6) The Chief Consultation Commissioner or any Consultation Commissioner shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (7) The headquarters of the Consultation Commission shall be at New Delhi. 13. (1) The Chief Consultation Commissioner shall hold office for a term of five Term of Chief years from the date on which he enters upon his office and shall not be eligible for Consultation Commissioner reappointment: and Provided that no Chief Consultation Commissioner shall hold office as such after Consultation Commissioner. he has attained the age of Sixty-five years. (2) Every Consultation Commissioner shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier, and shall not be eligible for reappointment as such Consultation Commissioner: Provided that every Consultation Commissioner shall, on vacating his office under this sub-section be eligible for appointment as the Chief Consultation Commissioner in the manner specified in sub-section (3) of section 12: Provided further that where the Consultation Commissioner is appointed as the Chief Consultation Commissioner, his term of office shall not be more than five years in aggregate as the Consultation Commissioner and the Chief Consultation Commissioner.46 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The Chief Consultation Commissioner or a Consultation Commissioner may, at any time, by writing under his hand addressed to the President, resign from his office: Provided that the Chief Consultation Commissioner or a Consultation Commissioner may be removed in the manner specified under section 14. (4) The salaries and allowances payable to and other terms and conditions of service of— (a) the Chief Consultation Commissioner shall be the same as that of the Chief Information Commissioner; (b) a Consultation Commissioner shall be the same as that of a Information Commissioner. (5) The Central Government shall provide the Chief Consultation Commissioner and the Consultation Commissioners with such officers and employees as may be necessary for the efficient performance of their functions under this Act, and the salaries and allowances payable to and the terms and conditions of service of the officers and other employees appointed for the purpose of this Act shall be such as may be prescribed. Removal of 14. (1) Subject to the provisions of sub-section (2), the Chief Consultation Chief Commissioner or any Consultation Commissioner shall be removed from his office only Consultation by order of the President on the ground of proved misbehaviour or incapacity after the Commissioner Supreme Court, on a reference made to it by the President, has, on inquiry, reported that and Consultation the Chief Consultation Commissioner or any Consultation Commissioner, as the case may Commissioner. be, ought on such ground be removed. (2) Notwithstanding anything contained in sub-section (1) the President may be order remove from office the Chief Consultation Commissioner or any Consultation Commissioner if the Chief Consultation Commissioner or a Consultation Commissioner, as the case may be,— (a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the President, involves moral turpitude; or (c) engages during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Chief Consultation Commissioner or a Consultation Commissioner. Functions of 15. The Consultation Commissioner shall,— the Consultation (a) inspect the conduct of public consultations and invitation of public Commission. comments by various Ministries and Departments; (b) prescribe best standards for conducting public consultations; (c) determine the exceptions wherein the requirements of this Act shall not apply; (d) penalize Consultation Officers for in-effective functioning under this Act; and (e) undertake such other functions as may be prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47 CHAPTER V MISCELLANEOUS 16. (1) Where a Department or Ministry of the Central Government fails to— Penalty. (a) designate officers as Consultation officers under sub-section (1) of section 11; or (b) contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made there under by the Central Government or the Consultation Commission as the case may be; such concerned Department or Ministry shall be punishable with a fine which may extend upto fifty thousand rupees. 17. The Central Government shall, after due appropriation made by Parliament by Central law in this behalf, provide requisite funds for carrying out the purposes of this Act from Government to provide time to time. funds. 18. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government, may make such order or give such direction, not inconsistent with the remove difficulties. provisions of this Act, as appears to it to be necessary or expedient for the removal of any difficulty: Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. 19. (1) The Central Government may, by notification in the Official Gazette, make Power to rules for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.48 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The cornerstone of a deliberative democracy is the participation of the citizens in the process of law-making. Laws, after all, are made for the public good, and the simplest way to understand what that public good is, would be to first take the opinion of the public in this regard. Building consensus through consultation can help to create a legislation is truly by the people, and of the people. A Legislation, so built, can be effective in ensuring greater compliance, given that the legislation has the mandate of the people, who have lent their voice towards the making of the law. The purpose of introducing a Bill of this nature is to— (a) promote community participation and inclusion in the dialogue, decision- making, and implementation of solutions to common problems or goals by contributing towards law-making processes. (b) provide for more transparency regarding lawmaking processes; and (c) create strong laws that account or multiple perspectives and approaches. Pre-legislative consultation is not a novel concept, and is being practiced by legislatures and decision making bodies across the governmental and non-governmental sector, advocating for a multi-stakeholder approach towards law making. The Administrative Procedure Act in the United States, for instance, lays down provides for a procedure by way of which the public may participate in rule-making. Several Indian Government Ministries also do conduct consultations, and provide opportunities for public comment on draft legislations, before introducing the same in the Cabinet, and in Parliament. The Ministry of Law and Justice had also released a Pre-Legislative Consultation Policy (PLCP) in 2014, which is to be adhered to by every department or ministry of the Central Government before the submission of any legislative proposal to the Cabinet. The PLCP also requires a similar procedure to be followed in relation to subordinate, or delegated legislations. Like the PLCP, this Bill would be in consonance with the recommendations of the National Advisory Council, the National Commission to Review the Working of the Constitution and the practice followed in other countries. This Bill seeks to provide a degree of legislative backing to the Pre-legislative consultation policy in order to ensure better compliance as well as provide for procedures, mechanisms and penalties in relation to the conducting of consultations. Hence this Bill. NEW DELHI; SUPRIYA SULE October 28, 2019SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for publishing of draft legislation by every Department or the Ministry of the Central Government. Clause 4 provides for providing details of draft legislation by every Department or Ministry concerned in public domain. Clause 9 provides for publishing of output of public comments and consultation by the Department or Ministry concerned. Clause 11 provides for responsibility of the Consultation Officers regarding ensuring the publication of the draft legislation, coordinating and setting up avenues for public and generating the output document. Clause 12 provides for constitution of the Consultation Commission. It also provide for appointment of a Chief Consultation Commissioner and ten Consultation Commissioners. Clause 17 provides that Central Government shall provide adequate fund 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 a recurring expenditure of about one hundred crore per annum would be availed from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 19 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.50 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 39 OF 2020 A Bill to provide for the protection of whistleblowers within the private sector through the setting up of internal and external complaint review and redressal mechanisms and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, 1. (1) This Act may be called the Whistleblowers in Private Sector (Protection) extent and Act, 2020. commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate authority" means a person or organization designated as such by the Central Government; (b) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (c) "Committee" means the Internal Ombudsman Committee constituted under section 6; (d) "company" means a company as defined in clause (20) of section 2 of the 18 of 2013. Companies Act, 2013; (e) "complaint" means a complaint regarding retaliatory practices having been taken against an eligible whistleblower or their relatives; (f) "Council" means the Whistleblowers Complaints and Grievance Redressal Council constituted under section 10; (g) "disclosure" means a disclosure regarding misconduct having taken place, or currently taking place at a regulated organization; (h) "eligible whistleblower" means an individual who, in relation to a regulated organization, is or has been,— (i) an employee of the regulated organization; or (ii) an individual who supplies goods or services to the regulated organization; or (iii) an individual who is an associate of the regulated organization; or (iv) an individual who is a relative of the regulated organization; (i) "employee" means a person employed at a regulated organization for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether, for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name; (j) "employer" means any person responsible for the management, supervision and control of the regulated organization; (k) "prescribed" means prescribed by rules made under this Act; (l) "regulated organization" includes,— (i) any private sector organization, private venture, body corporate, undertaking, enterprise, institution, establishment, company, society, trust, partnership, non-governmental organization, unit or service provider carrying on commercial, professional, vocational, educational, entertaining, industrial, health services or financial activities including production, supply, sale, distribution or service; (ii) hospitals or nursing homes; (iii) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used used for training, sports or other activities relating thereto; and52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (iv) such other regulated organizations as the appropriate authority may, by an order specify in this regard; and (m) "retaliatory practices" includes,— (i) dismissal of an employee; or (ii) injury of an employee in his or her employment; or (iii) alteration of an employee's position or duties to his or her disadvantage; or (iv) discrimination between an employee and other employees of the same employer; or (v) harassment or intimidation of an employee or person related to an employee; or (vi) harm or injury to an employee or person related to an employee, including psychological harm; or (vii) damage to an employee's property; or (viii) damage to an employee's reputation; or (ix) damage to an employee's business or financial position. CHAPTER II REGULATION OF DISCLOSURES Disclosures 3. Any disclosure of information by an individual shall be qualified for protection qualifying for under this Act, if,— protection. (a) such individual is an eligible whistleblower with respect to the regulated organization; (b) has reasonable grounds to suspect that the information indicates the improper functioning of the regulated entity; and (c) such disclosure has been made to the Committee of the regulated organization constituted under section 6 or the Council constituted under section 9, as the case may be. Disclosure of 4. Any eligible whistleblower may disclose information to the Committee or to the any act Council, as the case may be, if such whistleblower has reasonable grounds to suspect that contrary to the information indicates that the regulated organization or an officer, employee or related any provision of certain party to the regulated organization has engaged in conduct that constitutes an offence Acts. against or is in contravention of a provision of any of the following Acts,— (a) the Indian Penal Code, 1860; 45 of 1860. (b) the Income Tax Act, 1961; 43 of 1961. (c) the Prevention of Corruption Act, 1988; 49 of 1988. (d) the Foreign Contribution (Regulation) Act, 2010; 42 of 2010. (e) the Companies Act, 2013; 18 of 2013. (f) the Prevention of Money Laundering Act, 2002; 15 of 2003. (g) the Black Money (Undisclosed Foreign Income and Assets) and Imposition 22 of 2015. of Tax Act, 2015;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53 17 of 2018. (h) the Fugitive Economic Offenders Act, 2018; (i) any applicable rules, regulations, orders and directives of the Reserve Bank of India; (j) any applicable rules, regulations, orders and directives of the Securities and Exchange Board of India; and (k) such other laws as the Central Government may, by order in the Official Gazette, specify. 5. (1) No eligible whistleblower shall be subject to any retaliatory practices as a result Protection of any disclosures made in accordance with the provisions of this Act. from retaliatory (2) If any person inflicts any kind of retaliatory practice against the eligible whistle practices. blower, such whistleblower may make a complaint about the same to the Committee or the Council, as the case may be in such manner as may be prescribed. CHAPTER III DISCLOSURE AND WHISTLEBLOWERS PROTECTION MECHANISMS 6. (1) Every employer of a regulated organization shall, by an order in writing, constitute Constitution a Committee to be known as the Internal Ombudsman Committee for carrying out the purposes of the Internal of this Act: Ombudsman Committee. Provided that where the offices or administrative units of the workplace are located at different places or divisional or sub-divisional level, the Committee shall be constituted at all administrative units or offices. (2) The Committee shall consist of — (a) a Presiding Officer who shall be a person employed at a senior level at the regulated organization: Provided that in case a senior level employee is not available, the Presiding Officer shall be nominated from other offices or administrative units of the workplace referred to in sub-section (1); (b) not less than two members from amongst employees preferably serving in the human resources management sector, or having legal knowledge; and (c) one member from amongst non-Governmental Organisations or associations committed to the cause of transparency and prevention of corrupt activities, to be nominated by employer. (3) The Presiding Officer and every member of the Internal Ombudsman Committee shall hold office for a period not exceeding three years, from the date of appointment as may be specified by the employer. (4) Where the Presiding Officer or any member of the Committee— (a) contravenes the provisions of section 16 of this Act; or (b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or (c) has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or ( d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Presiding Officer or member, as the case may be, shall be removed from the Committee and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section.54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (5) The Presiding Officer and members of the Committee shall be paid such allowances for attending the sitting for of the Committee by the employer, as may be prescribed. Functions of 7. The Committee shall— the Internal Ombudsman (a) set up a whistle blower hotline for receiving complaints and tips about Committee. inconsistent practices in the regulated organization; (b) Institute or conduct an inquiry into the complaints or inconsistent practices in a regulated organization upon receipt of complaints; (c) refer matters and report to the employer in relation to the disclosures made by the whistleblower; (d) maintain confidentiality of the contents of the disclosures made and identity of the eligible whistleblower; (e) reveal the identity of the whistle blower after taking the consent of the eligible whistleblower in writing; (f) coordinate with the Council to draw attention to, and take action against any illegal activities taking place within the regulated organizations; (g) forward the complaint and disclosure to the Council or the local police within a period of seven days for registering the case under the relevant laws, if, laws on the disclosures and inquiry conducted, there exists a prima facie case; (h) provide each party involved a reasonable opportunity of being heard; (i) act as a mediator between the eligible whistleblower and the employer, in the event there have been retaliatory practices; and (j) act in good faith at all times and not jeopardise the identity, employment and life of the eligible whistleblower. Whistle 8. Every eligible whistleblower shall, in the first instance, approach the Committee for Blower to redressal of his grievance: approach Committee for Provided that the eligible whistleblower may choose to directly approach the Council redressal. if,— (a) the Committee has not taken any action despite a disclosure having been, or a complaint having been lodged; or (b) the eligible whistleblower reasonably believes that a member of the Committee is acting illegally; or (c) the disclosure pertains directly to employer at the regulated organization. District 9. The appropriate Government may notify a District Magistrate, or the Collector, or Officer. Deputy Collector as a District Officer for every District to exercise powers or discharge functions under this Act. Constitution 10. (1) Every District Officer notified under section 8, shall constitute a Council to be of the Whistle known as the Whistleblower Complaints and Grievance Redressal Council in the district to blower receive disclosures and whistle blower complaints from,— Complaints and Grievance (a) the Committee; and Redressal Council. (b) an eligible whistle blower. (2) The Council shall consist of a Chairperson, Vice Chairperson and five members with at least one expert from the field of law, one person with expertise in human resource management and one person with experience in law enforcement to be nominated by the District Officer in such manner as may be prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55 (3) The chairperson and every member of the Council shall hold office for a period not exceeding three years from the date of appointment as may be specified by the District Officer. (4) Where the Chairperson or any member of the Council— (a) contravenes the provisions of section 15; or (b) has been convicted for an offence or an inquiry into an offence under any law for the time being in force is pending against him; or (c) has been found guilty in any disciplinary proceedings or a disciplinary proceeding is pending against him; or ( d) has so abused his position as to render his continuance in office prejudicial to the public interest, such Chairperson or member, as the case may be, shall be removed from the Council and the vacancy so created or any casual vacancy shall be filled by fresh nomination in accordance with the provisions of this section. (5) The Chairperson and members of the Council shall be entitled to such fees or allowances for holding the proceedings of the Council as may be prescribed. 11. (1) The Council shall— Functions of the Council. (a) institute or conduct an inquiry into the matter upon receipt of complaints; (b) maintain confidentiality of the contents of the disclosures made, as well as the identity of the eligible whistle blower; (c) reveal the identity of the whistle blower after taking the consent of the eligible whistle blower in writing; (d) coordinate with State and Central law enforcement bodies to draw attention to, and take action against any illegal activities taking place within the regulated organizations; (e) forward the complaint and disclosure to the local police within a period of seven days for registering the case under the relevant legislation, if, based on the disclosures and inquiry conducted, there prima facie exists a case; (f) provide each party involved with the opportunity of being heard; (g) act as a mediator between the eligible whistle blower and the employer, in the event there have been retaliatory practices. (2) For the purpose of making an inquiry under sub-section (i) the Council, shall have 5 of 1908 the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) any other matter as may be prescribed. (3) Every inquiry into any complaint received under clause (a) of sub-section (1) shall be completed within a period of ninety days from the date of receipt of complaint by the Council. CHAPTER IV DISCLOSURES, COMPLAINTS AND INQUIRIES 12. Any eligible whistle blower may make a disclosure or a complaint in writing or Whistle through hotline if so instituted by the Committee or the Council, as the case may be, within blower disclosures and complaints.56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident: Provided further that the Committee or the Council, as the case may be, may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances existed which prevented the eligible whistle blower from filing a complaint within the said period. Action during 13. (1) The Committee or the Council, as the case may be, during the pendency of an pendency of inquiry on a written request made by the eligible whistle blower may recommend to the inquiry. employer to,— (a) transfer the eligible whistle blower or the respondent to any other workplace; or (b) grant leave to the eligible whistle blower up to a period of three months; or (c) grant such other relief to the eligible whistle blower as may be prescribed. (2) The leave granted to the eligible whistle blower under clause (b) of sub-section (1) shall be in addition to the leave he is otherwise entitled to. (3) On the recommendation of the Committee or the Council, as the case may be, the employer shall implement the recommendations made under sub-section (1) and send the report of such implementation to the Committee or the Council, as the case may be. Inquiry report. 14. (1) On the completion of an inquiry under this Act, the Committee or the Council, as the case may be, shall provide a report of its findings to the employer or as the case may be, to the District Officer within a period of ten days from the date of completion of the inquiry and such report be made available to the concerned parties. (2) Where the Committee or the Council, as the case may be, arrives at the conclusion that the allegation against the respondent has not been proved, it shall recommend to the employer and the District Officer that no action is required to be taken in the matter. (3) Where the Committee or the Council, as the case may be, arrives at the conclusion that the allegation against the respondent has been proved, it shall recommend to the employer or the District Officer, as the case may be,— (a) to take action for such misconduct in accordance with the provisions of the service rules applicable to the respondent or where no such service rules have been made in such manner as may be prescribed; (b) to deduct, notwithstanding anything in the service rules applicable to the respondent, such sum from the salary or wages of the respondent, as it may consider appropriate to be paid to the eligible whistle blower as compensation for retaliatory practices initiated against such eligible whistle blower; (c) take necessary legal action against the respondent, including forwarding the disclosure and complaint to law enforcement authorities; or (d) recommend corrective measures. (4) The employer or the District Officer shall act upon the recommendation within a period sixty days of its receipt. Punishment 15. Where the Committee or the Council, as the case may be arrives at a conclusion for false or that the allegation against the respondent is malicious or that the eligible whistle blower malicious making the complaint or disclosure has made the complaint or disclosure knowing it to be complaint. false or the eligible whistle blower has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action againstSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57 the eligible whistle blower who has made the complaint under section 11, as the case may be, in accordance with the provisions of the service rules or where no such service rules exist, in such manner as may be prescribed: Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the eligible whistle blower under this section. 16. Notwithstanding anything contained in this Act, the contents of the complaint or Prohibition of disclosure made under section 11, the identity and addresses of the eligible whistle blower, publication or making known respondent and witnesses, any information relating to conciliation and inquiry proceedings, contents of recommendations of the Committee or the Council, as the case may be, and the action taken complaint or by the employer or the District Officer under the provisions of this Act shall not be published, disclosure. communicated or made known to the public, press and media in any manner: Provided that information may be disseminated, once a complaint or disclosure has been forwarded to the appropriate law enforcement agency or if such information is otherwise made publicly available, regarding the action taken by the employer, the Committee and the Council under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the eligible whistle blower and the witnesses. 17. Where any person entrusted with the duty to handle or deal with the complaint, Penalty for inquiry or any recommendations or action to be taken under the provisions of this Act publication or making known contravenes the provisions of section 15, he shall be liable for penalty in accordance with the contents of provisions or the service rules applicable to the said person or where no such service rules complaint and exist in such manner as may be prescribed. inquiry proceedings. CHAPTER V DUTIES OF THE EMPLOYER 18. Every employer shall— Duties of the employer. (a) provide a safe and inclusive working environment at the workplace which shall include safety from the persons coming into contact at the workplace; (b) display at any conspicuous place in the regulated organization, the available options for highlighting misconduct and illegal activities taking place at the regulated organization, and the order constituting the Committee under sub-section (1) of section 6; (c) organise workshops and awareness programmes at regular intervals for sensitising the employees with the provisions of the Act and orientation programmes for the members of the Committee in the manner as may be prescribed; (d) provide necessary facilities to the Committee or the Council, as the case may be, for dealing with the complaint and conducting an inquiry; (e) assist in securing the attendance of respondent and witnesses before the Committee or the Council, as the case may be; (f) make available such information to the Committee or the Council, as the case may be, as it may require having regard to the complaint or disclosure made under section 11; (g) cause to initiate action, under any law for the time being in force, against the party responsible for the misconduct as detailed in the disclosure or complaint made by the eligible whistle blower. CHAPTER VI MISCELLANEOUS 19. (1) The Committee or the Council, as the case may be, shall in each calendar year Annual Report. prepare, in such form and at such time as may be prescribed, an annual report and submit the same to the employer and the District Officer. (2) The District Officer shall forward a brief report on the annual reports received under sub-section (1) to the State Government in such manner as may be prescribed.58 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Employer to 20. The employer shall include in its report the number of complaints and disclosure include filed, if any, and their disposal under this Act in the annual report of his organisation or where information in no such report is required to be prepared, intimate such number of cases, if any, to the annual report. District Officer. Appropriate 21. The appropriate Government shall monitor the implementation of this Act and Government maintain data on the number of cases filed and disposed of, in respect of all whistle blower to monitor the disclosure and complaints in such manner as may be prescribed. implementation of the Act. Penalty for 22. Where the employer fails to— non- compliance (a) constitute a Committee under sub-section (1) of section 6; and with (b) contravenes or attempts to contravene or abets contravention of other provisions of the Act. provisions of this Act or any rules made thereunder, he shall be punishable with fine which may extend to fifty thousand rupees. Act not in 23. The provisions of this Act shall be in addition to and not in derogation of the derogation of provisions or any other law for the time being in force. any other law. Central 24. The Central Government shall, after due appropriation made by Parliament by Government law in this behalf, provide requisite funds for carrying out the purposes of this Act from to provide time to time. fund. Power to 25. If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may make such order or give such direction, not inconsistent with the provisions difficulties. of this Act, as appears to it to be necessary or expedient for the removal of any difficulty: Provided that no such order shall be made after expiry of three years from the date of commencement of this Act. Power to 26. (1) The appropriate Government may, by notification in the Official Gazette, make make rules. rules for carrying out the purposes of this Act. (2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, Parliament agrees in making any modification in the rule or Parliament agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modifications or annulment shall be without prejudice to the validity of anything previously done under that rule. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59 STATEMENT OF OBJECTS AND REASONS With India's growing corporate and private sectors, and its improved performance on the Ease of Doing Business index, it is necessary to also magnify the legislative focus with respect to the internal workings within the private sector. Massive data leaks that have taken place at the global level, such as WikiLeaks and the Panama Papers, have exposed many cases of corruption, tax evasion, and corporate fraud. These global events indicate how essential it is to encourage the act of whistleblowing within all kinds of work environments, be it public or private. It has also widely been acknowledged that regulatory and legislative interventions, of and by themselves, can have the effect of curbing incidents of fraud, misconduct and non-compliance. While several companies that operate across multiple countries have a whistle blower mechanism in place, the same is not true for most Indian companies. The Whistle Blowers' Protection Act, 2014, which provides for India's first whistle blower protection framework, is yet to be operationalized, and the rules in relation to the legislation are yet to be framed. Moreover, the Whistle blowers' Protection Act, 2014 is limited in scope to public authorities, public servants and Government companies, and the private sector is entirely excluded from the ambit of the 2014 legislation. Given that the nature of the private sector and the public sector, and the implications of whistle blowing in each of the sectors would be strikingly different, this Bill endeavors to create a separate and distinct framework to provide for the protection and regulation of whistle blowing activities within the private sector. The Bill, therefore, seeks to provide for:— (a) setting up of an internal complaints mechanism at the workplace for registering and reviewing complaints by whistle blowers; (b) creating an external quasi-judicial body for reviewing cases of harassment of complainants by their employer or employee organizations. (c) spreading awareness regarding protections and resourses available to whistle blowers within each organization, as well as on applicable laws relating to corruption and fraudulent activities. (d) detailing the inquiry procedure and follow-up proceedings to be undertaken after receipt of a complaint. The need of the hour is increased transparency and accountability starting within each workplace, in order to ensure the stability and resiliency of India's corporate and private sector, while simultaneously protecting the interests of employees in the private sector. Hence, this Bill. NEW DELHI; SUPRIYA SULE January 20, 2020.60 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 10 of the Bill provides for the establishment of the Whistle blower Complaints and Grievance Redressal Council by the District Officer for redressal of complaints and grievances. Clause 23 provides for payment of adequate funds for carrying out the purposes of the Act. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one hundred crore per annum would involve from the Consolidated Fund of India. A non-recurring expenditure of about rupees Fifty Crore is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 26 of the Bill empowers the appropriate Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power, therefore, is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61 BILL NO. 315 OF 2019 A Bill to provide for complete prohibition of 'Light fishing' and protection and development of traditional fishing technique in coastal areas and for matters connected thereto. BE it enacted by Paliament in the Seventeith Year of the Republic of India as follows:— 1. (1) This Act may be called the Complete Prohibition of Light Fishing and Protection Short title, and Development of Traditional Fishing Technique in Coastal Areas Act, 2019. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.62 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) "coastal area" means the coastal and sea regions under the sovereignty of India; (b) " light fishing" means fishing by using nets and the other things by attracting fishes with the help of Light Emitting Diode (LED); (c) "traditional technique" means various methods being used for fishig in coastal areas since ancient time. Board for 3. (1) The Central Government shall, by notification, constitute a Board for protection protection and and promotion of traditional technique for fishing in coastal areas. promotion of traditional (2) The headquarters of the Board shall be at Mumbai in the State of Maharashtra and techniques. the Board may establish its offices in various coastal States of the country. (3) The Board shall consists of— (a) a chair person; (b) a deputy chairperson; (c) one representative from each of the coastal States & Union territories with minimum 20 years of experience in traditional techniques of fishing to be nominated by the concerned State Government; (d) minimum 5 Members of Lok Sabha regarding coastal districts; (4) The Board shall elect its chairperson by consensus from amongst themselves. (5) The Board shall meet at least once every month and Central Government shall make such provisions as may be necessary for review of its work and coordination among various ministries. (6) The Board shall constitute a Monitoring Committee to prepare and publish a report of the functioning of the Board. (7) Every report under sub-section (6) shall be forwarded to the Central Government which shall be laid before each House of Parliament. Functions of 4. The Board shall,— the Board. (a) impose a complete ban on light fishing within twelve nautical miles (nm) from sea coast and in sea level in each coastal area: Provided the traditional Chinese technique of fishing being used in coastal districts of south India and special nets being used for fishing in coastal areas in the State of Kerala shall not be prohibited; (b) review and consider the appropriate use of latest technique in fishing and its effect on the fisherman community using traditional techniques; (c) take special measures for betterment and upliftment of traditional techniques of fishing and providing of financial assistance to fishermen. (d) take such other measures as it may deem appropriate. Grants by the 5. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, provide to the Board by way of grants such sums of money as it may think fit for Government. being utilized for the purposes of this Act. Power to give 6. The Central Government may give directions to the Government of coastal States to directions. implement any provisions of this Act or any rules made thereunder in the regional jurisdiction of the State which it may consider necessary.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63 7. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purpose 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 maybe comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule.64 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In coastal States of India including Maharashtra, fisherman community in a large number catch fish with traditional techniques for their livelihood and it not only feeds their families but also it has been a carrier of diverse culture of India since thousands of years. Therefore, the livelihood crisis in front of this community means abolition of rich and glorious folk culture from Indian society. India is the only country in the world where different cultures not only flourished but also helped each other in development during their co-existence. But during last few years there is a livelihood crisis in front of fishermen community of the country. It is evident for last few years that in the coastal states of India latest technique known as "light fishing" is being used for fishing. Although, light is being used in fishing from ancient time but it is evident that its form and uses have changed a lot with latest technique. Fishes are being caught in huge sea boats with big nets by attracting them in large number by powerful LED lights used on the surface and inside the sea water. Because of this method there is a livelihood crisis in front of fishermen community fishing with traditional techniques. So, it is imperative to ban "light fishing"' immediately under the sea borders of Sovereign of India so that livelihood can be ensured to fishermen with traditional techniques. It is also required to empower and uplift the traditional methods of fishing by improving and upgrading such fishing techniques. Hence the Bill. NEW DELHI; VINAYAK BHAURAO RAUT October 26, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of a Board for protection and promotion of traditional technique of fishing. The Bill, therefore if enacted, will involve expenditure from the Consolidated Fund of India. It is not possible to give the exact estimates of recurring expenditure, which would be involved out of the Consolidated Fund of India at this stage. However, an annual recurring expenditure of rupees one hundred crore will be involved. A non-recurring expenditure of Rupees ten crore is also likely to be incurred from the Consolidated Fund of India. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 7 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of details only, the delegation of legislative power is of a normal character.66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 62 OF 2020 A Bill to provide for establishment of a Horticulture Crops, Fresh Water Crops and Saline Water Crops in Coastal Areas (Minimum Support Price) Commission to determine the minimum support price of horticulture crops, fresh water crops and saline water crops in coastal areas and for matters connected therewith. BE it enacted by Parliament in the Seventy first Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Horticulture Crops, Fresh Water Crops and Saline extent and Water Crops in Coastal Areas (Minimum Support Price) Act, 2020. commencement. (2) It extends to the whole of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67 (3) It shall come into force on such date as the Central Government may, by a notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "coastal area" means sea and coastal area under the sovereignty of India; (b) "Commissioner" means Horticulture Crops, Fresh Water Crops and Saline Water Crops in Coastal Areas (Minimum Support Price) Commission established under section 3; (c) "comprehensive cost price" includes comprehensive cost incurred on seeds, fertilizers, pesticides, wages, rent of machines, family labour, rental value of agriculture land, capital and cost on cultivation of horticulture crops, fresh water crops and saline water crops in coastal areas; (d) "fresh water crops" means crops grown in fresh water in the coastal areas; (e) " Geographical Index (GI)" in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region of locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be; (f) "horticulture crops" includes crops like mango, cashew and bnanas regarding which schemes are being implemented by the Government of India for their growth and protection; (g) "minimum support price" means the price that ensures a minimum fifty per cent. profit margin over and above the comprehensive cost price of horticulture and for crops grown on fresh and saline water in coastal areas as determined under section 4; (h) "prescribed" means prescribed by rules made under this Act; and (i) "saline water crops" means crops grown in sea saline water including shrimp. 3. (1) The Central Government shall, by notification in the Official Gazette, constitute Commission a Commission to be known as the Horticulture Crops, Fresh Water Crops and Saline Water for determination Crops in Coastal Areas (Minimum Support Price) Commission to determine the minimum of feasible support price of horticulture crops, fresh water crops and saline water crops in coastal areas. minimum support price. (2) The Commission shall consist of minimum twenty-five members to be appointed by the Central Government in such manner as may be prescribed: Provided that the number of members may be increased by the Central Government, as and when it deems necessary for carrying out the purposes of this Act: Provided further that at least five Members of Parliament from the coastal districts shall be the members of the Commission to be nominated by the Central Government in such manner as may be prescribed: Provided also that at least one member having at least twenty years of experience in horticulture development or in agriculture in saline water of the Commission shall be from the Coastal State to be appointed by the Central Government in such manner as may be prescribed. (3) The Commision shall have its headquarter at Mumbai in the State of Maharashtra:68 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that the Commission may establish such number of offices in the States as it deems necessary for carrying out the purposes of this Act. (4) The Central Government shall provide to the Commission such number of officers and other employees, as it thinks fit for the purposes of this Act. (5) The salary and allowances payable to, and other terms and conditions of service of members of the Commission shall be such as may be prescribed by the Central Government. (6) The Commission shall meet at least once in every month and at such place and shall observe such rules of procedure with regard to transaction of its business at the meetings as may be prescribed. Functions of 4. The Commission shall,— the Commissions. (a) determine the minimum support price at minimum fifty per cent profit margin over and above the comprehensive cost price of horticulture crops, fresh water crops and saline water crops in coastal areas every year in such manner as may be prescribed; (b) review and assess the cost incurred on cultivation of horticulture crops, fresh water crops and saline water crops in coastal areas on practical and real time basis; (c) establish Special Committee to recommend to the Commission at fixed time interval measures for the welfare of farmers cultivating horticulture crops, fresh water crops and saline water crops in coastal areas; (d) set up such number of procurement centres and storage centres of international standards equipped with state of the art facilities not only for the procurement but also for preservation of perishable horticulture crops, fresh water crops and saline water crops in coastal areas; (e) Work in coordination with the Government of India for promoting export of horticulture crops, fresh water crops and saline water crops at minimum support price; (f) undertake special efforts with the concerned State Government to provide Geographical Index (GI) to special crops of specific region such as Hapus mangoes of Ratnagiri district of the State of Maharashtra and make Geographical Index (GI) available to the farmers cultivating horticulture crops, fresh water crops and saline water crops in coastal areas by creating a database of specific crops of specific region of coastal States of the country; and (g) undertake such other functions as may be prescribed. Monitoring of 5. (1) The Central Government shall, by notification in the Official Gazette, constitute Minimum as Expert Committee consisting of five members for monitoring of minimum support price of Support Price. horticulture crops, fresh water crops and saline water crops in coastal areas. (2) The salary and allowances payable to, and other terms and conditions of service of members of the Expert Committee shall be such as may be prescibed by the Central Government. Financial 6. The Central Government shall, in addition to minimum support price of horticulture incentive to crops, fresh water crops and saline water crops in coastal areas as determined under farmers section 4, provide rupees eight thousand per month for two years as financial incentive to cultivating farmers cultivating horticulture crops, fresh water crops and saline water crops in coastal horticulture crops, fresh areas. water crops and saline water crops in coastal areas.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69 7. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, provide from time to time necessary funds to the Commission to carry out the Government to provide purposes of this Act. funds. 8. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to give Government may make such order and give such directions, not inconsistent with the directions. provisions of this Act, as appears to it to be necessary or expedient for the removal of such difficulty: Provided that no such order shall be made after the expiry of three years of commencement of this Act. 9. The Provisions of this Act or any rule or order made thereunder shall have effect Overriding notwithstanding anything inconsistent therewith contained in any other law for the time effect of Act. 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.70 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS All cultures of the world, including Indian culture could achieve stability only when cultures developed their agricultural knowledge. After getting over their long period of journey from one place to another, Indian culture was transformed into a civilization like other cultures and exists as one of the best civilizations in the world even today in "Sanatan' form. Agriculture and its related knowledge and science have contributed significantly in this transformation. Therefore, the farmers have been the savior of the world's best culture and not just the food providers. In relation to devotion in Indian society with all kinds of knowledge, there is also a famous proverb that "without having food, nobody even think of God", which evinces the very important contribution of the food provider farmers. In addition to this, at present, about seventy per cent. of the country's population also gets employment in the agricultural sector. In this way, it is very important to make every possible effort for the welfare of agriculture and farmers who are the savior of the Indian culture. Although the minimum support prices of around twenty four crops in the country are determined by the Government of India with the help of a large administrative system, it does not include all the crops grown especially in the Indian coastal States and it also does not include any horticultural crops at all. Moreover, they are handed over to risky uncertain fluctuations in market hands. The rationale behind not including all crops in the minimum support pricing process is that other crops are in small quantities and are easily perishable but according to one figure, the year 2016-17 registered a production of horticultural crops with 28.47 crore tons, while food production was 27.33 crore tons. Therefore, keeping them out of the minimum support price process is not logical keeping in view their quick perishable nature and also that the Government has resolved to double the income of farmers. It is commonly seen that the farmers do not even get the fixed minimum support price of these crops and they get caught in severe economic crisis and are then forced to take suicidal measures. The Central Government has declared the Minimum Support Price one and a half times of the cost but actually it is not so. It needs to be made practicable and realistic. At present, price is done by the Government based on the sum of A-2 (input cost) and FL (family labour) but it is widely used as C-2 system (including land and capital rents with A-2 and Fl, and other costs). With this, it is necessary to provide financial support of rupees eight thousand per family per month for the next two years to the farmers in order to bring about quick improvement in their economic condition. The Government's data on doubling farmers' income cannot work and will have serious long term consequences. The Government will not only have to broaden the scope for fixation of minimum support prices of crops, but also broaden the selection of crops for this and it includes horticultural crops as well as fresh and brackish water crops of coastal areas. Moreover, it is very important to include the popular crops of the coastal regions by providing Geographical Index (GI) status. This will not only protect the interests of the farmers genuinely, but also enable us indirectly to pay respect to our mother land and repay the land loan according to our values "Janani Janma Bhomishch Swargadapi Gariyasi" which means 'Mother and motherland are superior even to heaven'. The Bill, therefore, seeks to constitute a Horticulture Crops, Water Crops and Saline Water Crops in Coastal Areas (Minimum Support Price) Commission to determine the minimum support price of horticulture crops, fresh water crops and saline water crops in coastal areas. Hence this Bill. NEW DELHI; VINAYAK RAUT February 2, 2020SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of a Horticulture Crops, Fresh Water Crops and Saline Water Crops in Coastal Areas (Minimum Support Price) Commission. It also provides for appointment of members and staff to the Commission. Clause 4 provides for establishment of a Special Committee to recommend to the Commission at fixed time interval measures for the welfare of farmers cultivating horticulture crops, fresh water crops and saline water crops in coastal areas. It also provides for setting up of such number of procurement centres and storage centres of international standards equipped with state of the art facilities not only for the procurement but also for preservation of perishable horticulture crops, fresh water crops and saline water crops in coastal areas. Clause 5 provides for constitution of an Expert Committee consisting of five members for monitoring of minimum support price of horticulture crops, fresh water crops and saline water crops in coastal areas. Clause 6 provides for rupees eight thousand per month for two years as financial incentive to farmers cultivating horticulture crops, fresh water crops and saline water crops in coastal areas in addition to minimum support price. Clause 7 provides that the Central Government shall provide necessary funds for carrying out the purposes of this Bill. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. As the moneys to be provided will be determined after identifying the proposals to be implemented by the State Governments on the recommendation of Government, it is not possible at this stage to estimate the recurring expenditure that would be involved out of the Consolidated Fund of India. A non-recurring expenditure of about rupees eight lakh crore would be involved from the Consolidated Fund of India. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Act. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.72 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 314 OF 2019 A Bill to provide for the establishment of the Speices Remunerative Support Price Authority for the fixation of Remunerative Support price of spices such as black pepper, cardamom, ginger, turmeric, garlic and other spices on annual or seasonal basis and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Spices (Remunerative Support Price) Act, 2019. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 73 2. In this Act, unless the context otherwise requires,— Definition. (a) ‘Authority’ means Remunerative Support Price to Spices Authority constituted under section 3; (b) ‘prescribed’ means prescribed by rules made under this Act; and (c) ‘spices’ shall have the same meaning as assigned to it in the Spices Board 10 of 1986. Act, 1986. 3. (1) The Central Government shall constitute an authority to be known as the Spices Constitution Remunerative Support Price Authority for the purpose of regulating and controlling the of Spices (Remunerative price of spices such as black pepper, cardamom, ginger, turmeric, garlic, and other spices on Support Price) an annual or seasonal basis in such manner as may be prescribed. Authority. (2) The Authority shall consist of the Chairperson and such other member as may be prescribed. (3) The Central Government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the Authority. (4) The headquarter of the Authority shall be situated at Kattappana in Idukki District of Kerala. 4. The Authority shall perform the following functions:— Functions of the Authority. (i) fixation of remunerative support price of black pepper, cardamom, ginger, turmeric and garlic on annual seasonal basis; (ii) payment of additional amount to the farmers if the market price is lower than the remunerative support price fixed; (iii) assessment of damage to spice crops due to natural calamities and loss suffered by farmers and determine compensation to be paid to the farmers; (iv) assessment of damage to spice crops due to plant disease and loss suffered by farmers and payment of compensation to the farmers; (v) assessment of damage to spice crops by wild animals and loss suffered by farmers and payment of compensation; and (vi) advice the Central Government, from time to time, on policy matters of import duty fixation and free trade agreements. 5. The Central Government, shall from time to time provide, after due appropriation Central made by Parliament by law in this behalf, requisite funds for carrying out the purposes of Government this Act. to provide funds. 6. The provision of this Act and rules made there under shall have effect Act to have notwithstanding anything inconsistent therewith contained in any other law for the time overriding effect. being in force. 7. (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 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.74 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENTS OF OBJECTS AND REASONS In 2015-16, we earned a total of Rs. 11,997 crore in foreign exchange through spice exports which is the fourth largest agricultural export commodity in terms of value. It is also important to note that the productivity of spices in our country continues to be low compared to the world average. It is inevitable to provide a Remunerative Support Price to the farmers for their spice produce, as it would help them in repaying their agriculture loans apart from meeting their social and personal obligations. It has been a common occurrence for the post harvest price of the spices to drop sharply. For example in October 2019, the price for pepper was reduced to rupees three hundred per kilogram which is relatively a huge blow to a farmer who spends around five hundred per kilo gram for the production of the same volume of pepper. The oversupply in the global market and rising imports have been the primary cause, pushing the pepper prices to the lowest in a decade. Apart from the price issues, the farmers are also affected by low volume of output owing to various factors such as epidemics, climate variations, wildlife intrusion, etc. Most of the farmers are not aware of the factors determining the price of their produce. The prices are directly and indirectly influenced by the international market scenarios and the Nations obligation to Regional and International Free Trade Agreements (FTAs). Considering all these issues, it is important to set up an Authority for the fixation and payment of Remunerative Support Price for the spice produce and other welfare measures for farmers who grow spice crops. Hence this Bill. NEW DELHI; DEAN KURIAKOSE November 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of Remunerative Support Price to Spices Authority. Clause 5 provides for the Central Government to provide adequate funds for the functioning of the Authority. The Bill, therefore, if enacted, is likely to involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of rupees five hundred crore is likely to be involved per annum. A non-recurring expenditure of rupees two hundred and fifty crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 7 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 312 OF 2019 A Bill for prevent all kinds of torture and atrocities by public servants on ordinary citizens and to provide punishment for torture inflicted by public servants or by any person with the consent or acquiescence of any public servant and for matters connected therewith or incidental thereto. WHEREAS India is a signatory to the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; AND WHEREAS it is considered necessary to ratify the said Convention and to provide for more effective implementation. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Prevention of Torture and Atrocities (By Public extent and Servants) Act, 2019. commencement. (2) It extends to the whole of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77 (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) words and expressions used but not defined in this Act shall have the same 45 of 1860. meaning as assigned to them in the Indian Penal Code, 1860; and (b) any reference in this Act to any enactment or any provision thereof shall in any area in which such enactment or provision is not in force be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area. 3. (1) Whoever, being a public servant or being abetted by a public servant or with the Torture. consent or acquiescence of a public servant, intentionally does any act in order to obtain from a third person such information or confession which causes,— (i) grievous hurt to any person; or (ii) danger to life, limb or health (whether mental or physical) of any person, is said to inflict torture: Provided that nothing contained in this section shall apply to any pain, hurt or danger as aforementioned caused by any act, which is inflicted in accordance with any procedure established by law or justified by law. Explanation.—For the purposes of this section, 'public servant' shall, without prejudice to section 21 of the Indian Penal Code, 1860 also include any person acting in his official capacity under the Central Government or the State Government. 4. (1) Where the public servant referred to in section 3 or any person abetted by or with Punishment the consent or acquiescence of such public servant, tortures any person,— for torture. (a) for the purpose of extorting from him or from any other person interested in him, any confession or any information which may lead to the detection of an offence or misconduct; and (b) on the ground of his religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, shall be punishable with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. (2) If the torture was inflicted by the public servant or any person abetted by or with the consent or acquiescence of such public servant in a lock up room or at any official premise under the control of such public servant and the torture causes death of the victim then the punishment of such torture shall be life imprisonment and fine. (3) (i) The fine contemplated in sub-sections (1) and (2) of this section shall be determined after considering the gravity of torture inflicted and resultant loss suffered by the victim; and (ii) The fine so recovered from the convict shall be payable to the victim or the dependents of victim in case of death. 5 of 1974. 5. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no Cognizance of court shall take cognizance of an offence under this Act unless the complaint is made within offences. six months from the date on which the offence is alleged to have been committed.78 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) No court shall take cognizance of an offence punishable under this Act, alleged to have been committed by a public servant during the course of his employment except with the previous sanction,— (a) in the case of a person, who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government; (b) in the case of a person, who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government; (c) in the case of any other person, of the authority competent to remove him from his office.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79 STATEMENT OF OBJECTS AND REASONS The Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment was adopted by the United Nations General Assembly on 9th December, 1975 [Resolution 3452(XXX)]. India signed the Convention on 14th October, 1997. Ratification of the Convention requires enabling legislation to reflect the definition and punishment for "torture". Although some provisions relating to the matter exist in the Indian Penal Code, 1860 yet they neither define "torture" as clearly as in article 1 of the said Convention nor make it a criminal offence as called for by article 4 of the said Convention. In the circumstances, it is necessary for the ratification of the Convention that domestic laws of our country are brought in conformity with the Convention. This would necessitate either amendment of the existing laws such as Indian Penal Code, 1860 or bringing in a new legislation. In the year 2010 the matter was examined by Central Government at length in consultation with the Law Commission of India and the then learned Attorney General of India. After considerable deliberations on the issue, it was decided to bring in standalone legislation so that the aforesaid Convention can be ratified. Thereafter, the then Home Minister had introduced a similar legislation, inter alia, defining the expression "torture", providing for punishment to those involved in the incidents of torture and specifying the time limit for taking cognizance of the offence of torture. The said Bill was passed in the Lok Sabha but could not pass in Rajya Sabha. Eventually that Bill lapsed on dissolution of that House. It is high time to have such legislation in force to achieve these objects. Therefore, this Bill is introduced in pursuance of the same objects. Hence this Bill. NEW DELHI; DEAN KURIAKOSE November 6, 2019.80 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 48 OF 2021 A Bill to provide for constitution of an Authority for determining and payment of compensation to the victims of wildlife encounters and for matters connected therewith. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Payment of Compensation to Victims of Wildlife commencement. Encounters Act, 2021. (2) It shall come into force on such date, not later than six months from the date on which it receives the assent of the President, as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81 2. In this Act, unless the context otherwise requires,— Definitions (a) "Authority'' means the Compensation Claim Payment Authority for the Victims of Wildlife Encounters constituted under section 3; (b) "Fund" means the Victims of Wildlife Encounters Welfare Fund constituted under section 7; (c) "prescribed'' means prescribed by rules made under this Act; and (d) "victim of wildlife encounter" refers to any person residing within the forest area or in the vicinity of forest area and who suffers loss of life or bodily injury or damage to his crops, property or livestock due to attack or otherwise by wild animals. 3. (1) The Central Government shall, by notification in the Official Gazette, constitute Constitution of an Authority to be known as the Compensation Claim Payment Authority for the Victims of the Compensa- tion Claim Wildlife Encounters for determining and payment of compensation to the victims of wildlife Payment encounters. Authority for the Victims of (2) The Authority shall consist of— Wildlife Encounters. (a) a Chairperson, who shall be a retired judge of the High Court; and (b) four other members having such qualifications as may be prescribed, to be appointed by the Central Government in such manner as may be prescribed. (3) The Authority shall have its office in the capital of each State. (4) The Central Government shall make available to the Authority such administrative and other staff, as it may consider necessary for the efficient functioning of the Authority. 4. (1) The Authority shall— Functions of the Authority. (i) entertain the application from victims of wildlife encounter; (ii) assess the loss suffered by victims; (iii) determine the compensation to be paid to the victims; (iv) ensure timely payment of compensation to victims; and (v) payment of interest, if any, for delay in payment of compensation. (2) The Authority shall perform such other functions in respect of compensation claims under this Act as the Central Government may assign to it, from time to time. (3) The Authority shall, while determining compensation, take into consideration the following factors— (a) loss of life; (b) extent of injury; (c) loss of livestock; (d) damage to crops; and (e) damage to property. 5. (1) An application for claiming compensation shall be made by the victim of wildlife Application encounter or any of the person referred to in sub-section (2), to the office of the Authority in for compensation. the State in which the victim ordinarily resides or became subject to wildlife encounter. (2) The application for compensation under sub-section (1) may also be made by— (a) next kin of the victim who has lost his life; or (b) any person duly authorized by the victim of wildlife encounter and in case of death of victim, by next kin of the victim.82 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The application for compensation shall be made in such form and manner as may be prescribed. Payment of 6. Notwithstanding anything contained in any other law for the time being in force, compensa- minimum compensation to be paid to a victim of wildlife encounter under this Act shall be— tion to victims of (i) rupees twenty lakh, in case of death; wildlife encounters. (ii) rupees five lakh, in case of an injury; (iii) rupees fifteen lakh per hector in case of damage to crops; (iv) rupees two lakh, in case of loss of livestock; and (v) rupees five lakh, in case of damage to property. Constitution 7. (1) The Central Government shall, by notification in the Official Gazette, constitute of Victims of a Fund to be known as the Victims of Wildlife Encounters Welfare Fund to which the Central Wildlife Government and State Governments concerned shall contribute every year in such ratio as Encounters may be prescribed. Welfare Fund. (2) The Fund shall be administered by the Authority. (3) The Fund shall be utilized for payment of compensation to the victims of wildlife encounters. Payment of 8. (1) The Authority shall pay the compensation to the applicant within a period of interest for fifteen days from the date of determination of compensation, failing which an interest at the delay in rate of eighteen per cent. per annum shall be paid to him. payment of compensation. (2) The Authority shall be at liberty to recover the interest part from the officer responsible for delay in payment of compensation. Act to have 9. The provisions of this Act shall have effect notwithstanding anything inconsistent overriding therewith contained in any other law for the time being in force. effect. Power to 10. (1) The Central Government may, by notification in the Gazette, make rules for make rules 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 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 83 STATEMENT OF OBJECTS AND REASONS In India, human-animal conflict is one of the significant contentious issues among conservation initiatives. Lack of locally acceptable law, which ensures protection and adequate compensation to the farmers and persons residing in areas vulnerable to wildlife attack and their crop, is profoundly felt. Usually, the human- animal conflict takes place in agricultural villages adjacent to forest areas. Crop raiding by wildlife has a significant impact on farmer's livelihoods and lives. It is, therefore, important to treat any human-animal conflict issue within the context of farmer's social-economic lives and not as an isolated phenomenon. Effective mitigation strategies must be taken into account regarding the degree to which wildlife conflicts impact crop yields and household economics. Crop losses can also aggravate other costs to farmers, including an increased need to guard agriculture land from further attacks and increased risk of injury from wildlife. There are many Acts to punish farmers who are compelled to attack wild animals for self defense or safety of their crops. But there is no provision to ensure adequate compensation for them if wild animals attack farmers, their livestock, and cause damages to their agriculture crops and other properties. Most of the time, the farmers who are deprived of their precious crops or properties or who suffer bodily injuries or whose dependents die on account of wild life attack, are forced to be satisfied with some meager solatium announced by State Government or local self governments. Sometime even this solatium will remain as paper announcement and the victim of wild life attack may not get it at all or gets in a belated stage. Hence there must be an effective mechanism to ensure payment of compensation to the victims of wildlife encounters. Further, it must also be made sure that the compensation so determined is distributed to the victim within a reasonable time. Therefore, it is inevitable to initiate a Bill, namely, 'The Payment of Compensation to Victims of Wildlife Encounters Bill, 2021', which shall make sure that the victims of wildlife encounters are compensated expeditiously for the loss they have suffered in wildlife encounters. Hence this Bill. NEW DELHI; DEAN KURIAKOSE January 25, 202184 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of the Compensation Claim Payment Authority for the Victims of Wildlife Encounters for determining and payment of compensation to the victims to the wildlife encounters. Clause 6 provides for payment of minimum compensation to the victims for bodily injury or damage to crops or properties or livestock by wild animals. Clause 7 provides for constitution of the Victims of Wildlife Encounters Welfare Fund. Clause 8 provides for payment of interest at the rate of eighteen per cent. to victims of wildlife encounters if there is delay in payment of compensation. 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 two hundred and fifty crore per annum. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85 BILL NO. 249 OF 2019 A Bill to regulate the manner of the functioning and exercise of powers of Indian Intelligence Agencies within and beyond the territory of India and to provide for the coordination, control and oversight of such agencies. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— PART I PRELIMINARY 1. (1) This Act may be called the Intelligence Services (Powers and Regulation) Bill, Short title, 2019. extent, com- mencement and application.86 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. (3) It extends to the whole of India. (4) It shall apply to— (a) all citizens of India, inside and outside India; (b) persons in the service of the Government wherever they may be; and (c) persons on ships and aircrafts registered in India wherever they may be. Definitions. 2. In this Act, unless the context otherwise requires,— (i) "Committee" means the National Intelligence and Security Oversight Committee established under section 12; (ii) "Intelligence Bureau" means the Intelligence Bureau constituted under section 4; (iii) "Indian territory" shall have the same meaning as is ascribed to the territory of India under article 1 of the Constitution; (iv) "law enforcement agency" includes— (a) any Government department; and (b) any other person charged with the duty of investigating offences or charging offenders; (v) "Member of the Tribunal" means the members appointed under section 24; (vi) "National Technical Research Organisation" means the National Technical Research Organisation constituted under section 6; (vii) "national security" includes the sovereignty, territorial integrity, economic stability and upholding of the Constitution; (viii) "prescribed" means prescribed by rules made under this Act; (ix) "Research and Analysis Wing" means the Research and Analysis Wing constituted under section 3; (x) "threats to national security" includes:— (a) terrorist acts, including international terrorism; (b) espionage directed against the country or otherwise detrimental to the security of the country; (c) sabotage directed against the vital national infrastructure of the country or otherwise directed against the country; (d) organized crime directed against the country or otherwise detrimental to the security of the country; (e) drug, arms and human trafficking directed against the country or otherwise detrimental to the security of the country; (f) illegal international proliferation of weapons of mass destruction or the components thereof as well as materials and tools required for their production; (g) illegal trafficking of internationally controlled products and technologies; and (h) organized acts of violence or intimidation against ethnic or religious groups within the country; (xi) "terrorist act" shall have the same meaning as assigned to it in the Unlawful Activities (Prevention) Act, 1967; and 37 of 1967.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87 (xii) "Tribunal" means the National Investigation Tribunal established under section 23. PART II THE RESEARCH AND ANALYSIS WING 3. (1) There shall be constituted a Research and Analysis Wing (hereinafter referred to Research and as the R&AW) which shall function under the control of the Prime Minister. Analysis Wing. (2) The functions of the R&AW shall be exercisable:— (a) in the interests of national security, with particular reference to the defence, security strategic, economic and foreign policies of the Union of India; or (b) in aid of the neutralization of threats from external sources. (3) The day-to-day operation of the R&AW shall be vested in an officer not below the rank of a Secretary to the Government of India who shall be appointed by the Prime Minister and who shall hold office for a period of two years or till he attains the age of sixty-two years, whichever is later. (4) It shall be the duty of the head of the R&AW to ensure that— (a) no information is collected and used by the R&AW except what is necessary for discharge of its functions and that no information under their custody is disclosed by it except so far as necessary for the proper and efficacious conduct of functions assigned to it; (b) the R&AW does not take any action that furthers the interests of any political party or coalition of political parties or other such interest groups; and (c) there are appropriate arrangments for coordination with the IB, the NTRO, Central Para-Military Organisations and other law enforcement agencies for proper implementation of the mandate of this Act. (5) The head of the R&AW shall submit a bi-annual report on the working of the R&AW, including of its accounts, to the Prime Minister and may, at any time, report to the Prime Minister on any matter relating to its work. (6) The head of the R&AW shall not be eligible for reappointment to any post under the State except as an Advisor to the Government of India. PART III THE INTELLIGENCE BUREAU 4. (1) There shall be constituted an Intelligence Bureau (hereinafter referred to as the Intelligence IB) which shall function under the control of the Prime Minister. Bureau. (2) It shall be the duty of the IB to work for national security in the context of internal conflict and, in particular, provide protection against threats from espionage, terrorist acts organized by other countries within the territory of India with the help of Indian nationals or residents and from actions intended to subvert the Constitution of India by violent means. (3) It shall perform the following functions:— (i) collection and management of intelligence within the country; (ii) safeguarding the economic well-being of the Union of India against threats posed by the actions or intentions of any person whether Indian national or otherwise within the country; and (iii) acting in aid to the Central and State police agencies including Para-Military Organisations and other law enforcement agencies.88 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Director of the 5. (1) The day-to-day control of the IB shall be vested in a Director who shall be IB. appointed by the Prime Minister and shall hold office for a period of two years or till he attains the age of sixty-two years, whichever is earlier. (2) It shall be the duty of the Director to ensure that— (a) no information is collected and used by the IB except what is necessary for discharge of its functions and that no information under their custody is disclosed by it except so far as necessary for the proper and efficacious conduct of functions assigned to it; (b) the IB does not take any action that furthers the interests of any political party or coalition of political parties or other such interest groups; and (c) there are appropriate arrangements for coordination with the R&AW, the NTRO, Central Para-Military Organisations and other law enforcement agencies for proper implementation of the mandate of this Act. (3) The Director shall submit a bi-annual report on the working of the IB, including of its accounts, to the Prime Minister and may, at any time, report to the Prime Minister on any matter relating to its work. (4) The Director shall not be eligible for reappointment to any post under the State except as an Advisor to the Government of India. PART IV THE NATIONAL TECHNICAL RESEARCH ORGANISATION National 6. (1) There shall be constituted a National Technical Research Organisation (hereinafter Technical referred to as the NTRO) which shall function under the control of the Prime Minister. Research Organisation. (2) It shall perform the following functions— (a) to monitor and interfere with all forms of communications using such technical equipments as it may think fit within and beyond the territorial boundaries of India and also monitoring the uses of such equipments; (b) to collate and provide information so collected in such form and to such agencies as may be prescribed; and (c) to provide advice and assistance about— (i) languages including technical terminology used for technical matters, and (ii) cryptography and other matters relating to the protection of classified information and other such material, to the armed forces of the Union of India, to the Central Government or to any other organisation which is determined for the purposes to this section in such manner as may be specified by the Prime Minister. (3) The function referred to in sub-section (2)(a) above shall be exercisable only— (a) in the interests of national security, with particular reference to the fields of defence, internal security and furtherance of foreign policy of the country; or (b) in the interests of economic well-being of the country in relation to the actions or intention of any person whether Indian national or otherwise, inside or outside the Indian territory; or (c) in support of prevention, detection, interdiction or investigation of such crimes as may be assigned to it by the Prime Minister. (4) In this Act, the expression "NTRO" refers to the National Technical Research Organisation and to any unit or part of a unit of the armed forces of the Union of India, which is for the time being, required by the Prime Minister to assist the NTRO in carrying out its functions.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89 7. (1) The day-to-day operation of the NTRO shall be vested in a Chairperson who Chairman of shall be appointed by the Prime Minister and who shall hold office for a period of two years the NTRO. or attaining the age of sixty-two years, whichever is earlier. (2) It shall be the duty of the Chairperson to ensure that— (a) no information is obtained by NTRO except when it is necessary for the discharge of its functions under the Act and that no information is disclosed to any person or agency except when it is necessary for discharge of its functions or for the purpose of any matter connected with ensuring the security, stability and sovereignty of the country; (b) it does not take any action that furthers only the interests of any political party or similar interest group. (3) The Chairperson shall submit a bi-annual report on the working of the NTRO, including of its accounts, to the Prime Minister and may, at any time, report to the Prime Minister on any matter relating to its work. (4) The Chairperson shall not be eligible for reappointment to any post under the State except as an Advisor to the Government of India. PART V AUTHORISATION AND PROCEDURES 8. (1) No entry on any property or interference with any form of communication Authorisation including wireless telegraphy under the Act shall be lawful unless it is authorised by a of certain warrant issued by the authority designated for the purpose by the Central Government: actions for the R&AW, the IB Provided that the authority so designated shall not be an officer below the rank of a and the NTRO. Secretary to the Government of India (hereinafter referred to as the Designated Authority). (2) The Designated Authority may, on an application made by the IB or the R&AW or the NTRO, as the case may be, issue a warrant under this section authorising the taking of such action as is specified in the warrant in respect of any property or in respect of all forms of communication including wireless telegraphy, if the Designated Authority— (a) deems it necessary for the action to be taken on the ground that it is likely to be of substantial value in assisting, as the case may be,— (i) the R&AW in carrying out any of its functions under section 3; or (ii) the IB in carrying out any of its functions under section 4; or (iii) the NTRO in carrying out any function which falls within section 6; (b) is satisfied that the objective cannot reasonably be achieved by any other means; and (c) is satisfied that adequate arrangements are in force with respect to the disclosure of information obtained under this section and that any information obtained under the warrant shall be subject to those arrangements. (3) A warrant authorising action for prevention or detection or interdiction of any terrorist act may also include action outside the country in such manner as may be prescribed. (4) The IB may make an application under sub-section (2) for a warrant to be issued authorising the IB (or a person acting on its behalf) to take such action as is specified in the warrant on behalf of the R&AW or the NTRO and, where such a warrant is issued, the functions of IB shall include the carrying out of the action so specified, whether or not it would otherwise be within its functions :90 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that no application shall be made for a warrant by virtue of sub-section (4) above except where the action proposed to be authorised by the warrant— (a) is an action in respect of which the R&AW or the NTRO, as the case may be, could make such an application; or (b) is to be taken otherwise than in support of preservation of national security. Warrants, 9. (1) A warrant shall not be issued except— procedure, duration for (a) under the hand of the Designated Authority; or the R&AW, the IB and (b) in an urgent case where the Prime Minister has expressly authorised its issue the NTRO. and a statement of that fact is endorsed on it, under the hand of the Director of IB or the Secretary of the R&AW or the Chairperson of the NTRO, as the case may be. (2) A warrant shall, unless renewed under sub-section (3), cease to have effect,— (a) if the warrant had been issued under the hand of the Designated Authority, at the expiry of the period of three months from the date on which it was issued; and (b) in any other case, at the expiry of the period ending with the second working day following the day on which it was issued. (3) If, at any time before the day on which a warrant would cease to have effect, the Designated Authority considers it necessary for the warrant to continue to have effect for the purpose for which it was issued, he may, by an instrument, under his hand, renew it for a further period of three months beginning with the day it would otherwise have ceased to be effective. (4) The Designated Authority may cancel a warrant if he is satisfied that the action authorised by it is no longer necessary. Authorisation 10. (1) If, except in so far as provided for in this Part, a person is liable to the Union of of the acts India for any act done outside the Indian territory, he shall not be so liable if the act is one outside the which is authorised to be done by virtue of an authorisation given by the Designated Indian Authority under this section. territory for the R&AW (2) The Designated Authority shall not give an authorisation under this section and the NTRO. unless he is satisfied— (a) that any act which may be done in reliance on the authorisation or, as the case may be, the operation in the course of which the acts may be done will be necessary for the proper discharge of a function of the R&AW and the NTRO, as the case may be; and (b) that satisfactory arrangements are in force to ensure— (i) that nothing is done in reliance on the authorisation beyond what is necessary for the proper discharge of a function of the R&AW or the NTRO, as the case may be; (ii) that, in so far as any act may be done in reliance on the authorisation, their nature and likely consequences will be reasonable, having regard to the purposes for which they are carried out; and (c) that satisfactory arrangements are in force with respect to the disclosure of information obtained by virtue of this section and that any information obtained by virtue of anything done in reliance on the authorisation will be subject to those arrangements. (3) Without prejudice to the generality of the power of the Designated Authority to give an authorisation under this section, such an authorisation— (a) may relate to a particular act or acts, of a description specified in the authorisation or to acts undertaken in the course of an operation so specified;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91 (b) may be limited to a particular person or persons of a description so specified; and (c) may be subject to such conditions as may be specified. (4) An authorization shall not be given under this section except— (a) under the hand of the designated authority; or (b) in an urgent case where the Prime Minister has expressly authorized its issue and a statement of that fact is endorsed on it, under the hand of the Director of IB or the head of the R&AW or the Chairperson of the NTRO, as the case may be. (5) An authorization shall, unless renewed under sub-section (6) below, cease to have effect— (a) if the authorization was given under the hand of the Designated Authority, at the expiry of the period of three months from the date of its issue; (b) in any other case, at the expiry of the period ending with the second working day following the day on which it was given. (6) If, at any time before the day on which a warrant would cease to have effect, the Designated Authority considers it necessary for the authorization to continue to have effect for the purpose for which it was issued, he may, by an instrument, under his hand, renew it for a further period of three months beginning with the day it would otherwise have ceased to be effective. (7) The Designated Authority shall cancel an authorization if he is satisfied that any act authorized by it is no longer necessary. 11. (1) Any information obtained by the R&AW, the IB and the NTRO without a Unauthorised specific warrant or authorization under section 9 or 10, shall not be used to take action information. against individuals to whom this information relates to. (2) Such information obtained without specific warrant may only be used for the limited purpose of authorizing fresh warrants. (3) The R&AW, the IB and the NTRO, as the case may be, shall apply for fresh warrants in accordance with section 9 and 10 herein within forty-eight hours of obtaining any such information in the event of any such information being relevant to the discharge of functions and duties of the R&AW, the IB and the NTRO, as applicable. PART VI THE NATIONAL INTELLIGENCE AND SECURITY OVERSIGHT COMMITTEE 12. (1) There shall be constituted a Committee, to be known as the National Intelligence Establishment and Security Oversight Committee (hereinafter referred to as the Committee) to examine the of National administration and compliance of policy laid down under this Act. Intelligence and Security (2) The Committee shall, unless it is necessary to perform the functions assigned to it Oversight Committee. under the Act, not go into the operational aspects and sources of intelligence of the functioning of the R&AW, the IB and the NTRO, as the case may be. (3) The Committee shall consist of the following:— (a) the Chairman of the Council of States, Chairperson; (b) the Speaker of the House of the People, Member; (c) the Prime Minister, Member; (d) the Minister of Home Affairs, Member; (e) the Leader of Opposition in the House of the People, Member; (f) the Leader of Opposition in the Council of States, Member; and92 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (g) one member each from the House of the People and the Council of States to be nominated by the presiding officers of the respective Houses, as members. (4) The Cabinet Secretary shall be the Secretary to the Committee, ex-officio. (5) The Committee shall submit an annual report on their functioning to the Prime Minister and may at any time report to him on any matter relating to discharge of those functions. (6) If it appears to the Prime Minister, after consultation with the Committee, that the publication of any matter in a report would be prejudicial to the discharge of the functions of the R&AW, the IB or the NTRO, the Prime Minister may exclude that matter from the annual report. (7) The Prime Minister shall lay on the Table of each House of Parliament a copy of each annual report submitted by the Committee under sub-section (5) together with a statement as to whether any matter has been excluded. Tenure of 13. (1) Subject to the provisions of this section, a member of the Committee shall hold Office. office for the duration of his membership of the House to which he has been elected. (2) A member of the Committee shall vacate office— (a) if he ceases to be the Speaker of the House of the People or a member of the House of the People; (b) if he ceases to be the Chairperson of the Council of States or a member of the Council of States; (c) if he ceases to be the Leader of Opposition in the Council of States or the House of the People; (d) by resigning at any time through a notice to the Chairperson of the Committee. Procedure. 14. (1) Subject to the provisions of this section, the Committee may determine its own procedure. (2) If on any matter there is an equality of voting among the members of the Committee, the Chairperson shall have and exercise the casting vote. (3) The Chairperson may appoint one of the members of the Committee to act, in his absence, as the Chairperson at any meeting of the Committee, but the person acting as such shall not have a casting vote. (4) The quorum for a sitting of the Committee shall be three. Access to 15. (1) If the Director of the IB or the head of the R&AW or the Chairperson of the information. NTRO is asked by the Committee to disclose any information under their custody, then as to the whole or part of the information which is sought, he shall either— (a) arrange for it to be made available to the Committee subject to and in accordance with arrangements approved by the Cabinet Secretary; or (b) inform the Committee that it cannot be disclosed because— (i) it is sensitive information which, in his opinion, may not be made available; or (ii) the Prime Minister has certified that it should not be disclosed. (2) The fact that any particular information is sensitive shall not prevent its disclosure, if the Director, IB or the head of the R&AW or the Chairperson, NTRO, as the case may be, consider it safe to disclose. (3) Any information which has not been disclosed to the Committee on the ground that it is a sensitive information, shall be disclosed to them if the Cabinet Secretary certifies in the prescribed manner that it is fit to be disclosed in public interest.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93 (4) The disclosure of information to the Committee in accordance with the provisions of this section shall be regarded for the purposes of this Act as necessary for the proper discharge of the functions of the R&AW, the IB and the NTRO. Explanation. In this section the expression 'sensitive information' shall include— (a) an information which might lead to the identification of, or provide details of the sources of information or operational methods used by the R&AW, the IB and the NTRO; (b) information about specific operations which have been, are being or are proposed to be undertaken in pursuance of any of the functions of those bodies; and (c) information provided by the Government or an agency of any other country which does not consent to the disclosure of the information. PART VII INTELLIGENCE OMBUDSMAN 16. (1) The Central Government shall, in consultation with the National Intelligence Intelligence and Security Oversight Committee, appoint an Intelligence Ombudsman (hereinafter referred Ombudsman. to as the "Ombudsman") from amongst persons having special knowledge in the field of intelligence to address the grievance of the members of staff and officers of the R&AW, the IB and the NTRO: Provided that no person shall be appointed as an Ombudsman who has served as the head of the R&AW; the Director, IB or the Chairman, NTRO. (2) The administrative control of the Ombudsman shall be vested in the Cabinet Secretary. (3) The Ombudsman shall be appointed for a tenure of three years from the date of his appointment or till he attains the age of sixty-eight years, whichever is earlier. (4) The Ombudsman shall perform the following functions:— (i) resolve grievances of members of staff or officers of the R&AW, the IB and the NTRO, as the case may be; (ii) suggest changes in the administrative practices of the R&AW, the IB and the NTRO, as the case may be, to mitigate the problems of the members of staff or officers of the R&AW, the IB and the NTRO, as the case may be. (5) Not later than thirty-first day of March of each calendar year, the Ombudsman shall prepare and submit a report of its functioning to the Prime Minister. (6) Without prejudice to the generality of the foregoing provision, the report shall contain— (a) the recommendations of the Ombudsman for improving functioning of the R&AW, the IB and the NTRO; (b) a summary of the problems of the members of staff or officers with the R&AW, the IB and the NTRO, as the case may be, including a description of the nature of such problems; (c) a summary of,— (i) action taken in matters enumerated in clauses (a) and (b); (ii) the result of such action; (iii) the matters where no action was taken and the period for which the matter has been pending;94 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (iv) the reasons why no action was taken alongwith the persons responsible for such non-action; (v) the recommendations with a view to solve the problems of the members of the R&AW, the IB and the NTRO; and (d) such other information as the Ombudsman may deem necessary. (7) The Ombudsman may consult the heads of the R&AW, the IB and the NTRO, as the case may be, in carrying out the Ombudsman's responsibilities under this section. Procedure. 17. (1) The orders of the Ombudsman in relation to any complaint by a member of staff or officer of the R&AW, the IB and the NTRO, as the case may be, shall be implemented by the Government in such manner as it may specify. (2) It shall be the duty of every member of the R&AW, the IB or the NTRO to disclose or to give to the Ombudsman such documents or information as may be required for the purpose of enabling him to carry out his functions under this Act. (3) The Ombudsman shall carry out his functions in such a way as to ensure that no document or information disclosed or given to him by any person is disclosed without the consent of such person to any complainant or to any person holding office under the Union of India or to any other person; and accordingly the Ombudsman shall not, except in its reports under sub-section (1) of section 22, give any reasons for a determination notified by them to a complainant. (4) Subject to sub-section (3), the Ombudsman may determine his own procedure. Complaints 18. Any complaint by a member or ex-member of the IB, the R&AW or the NTRO, as to the the case may be, in relation to his service and, unless the Ombudsman consider that the Ombudsman. complaint is frivolous, vexatious or without any valid basis, shall be dealt with accordance with this Part. References and 19. (1) After the submission of the complaint, if the Ombudsman is prima facie investigations satisfied, a copy of such complaint shall be forwarded to the persons heading the IB, the by the R&AW and the NTRO, as the case may be, for their replies and comments on the allegations Ombudsman. or grievances reported in the application by the complainant. (2) The R&AW, the IB and the NTRO shall submit their replies or comments, as the case may be, within three weeks of receipt of the complaint from the Ombudsman. (3) The Ombudsman shall give its decision within forty-five days of the receipt of the complaint. 20. Where the Ombudsman determines that the R&AW, the IB and the NTRO, as the Disposal of the complaints. case may be, did not have reasonable grounds for their actions or inactions, they shall— (a) give notice to the complainant that they have made a determination in his favour; and (b) send a recommendation of their findings to the persons heading the R&AW, the IB and the NTRO, as the case may be. Remedies. 21. Where the Ombudsman passes a finding or an order, the Ombudsman may do all or any of the following, namely,— (a) direct that any action by which the complainant is so aggrieved be reversed or if the act cannot be reversed, give such relief including compensation to the complainant as it may determine;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95 (b) direct the persons heading the R&AW, the IB or the NTRO, as the case may be, to pay to the complainant such sums by way of compensation as may be specified by the Ombudsman. 22. The Director of IB or the head of the R&AW or the Chairperson of the NTRO, as R&AW, the IB the case may be, shall establish procedures, requiring a formal response to all complaints and NTRO to comply with received from the Ombudsman and comply with the findings, orders or recommendations of the orders of the Ombudsman within three weeks of the receipt of the order of the Ombudsman. the Ombuds- man. PART VIII NATIONAL INTELLIGENCE TRIBUNAL 23. The Central Government shall, by notification in the Official Gazette, establish a National Tribunal to be known as the National Intelligence Tribunal (hereinafter referred to as the Intelligence Tribunal. Tribunal), for the purpose of investigating complaints against the R&AW, the IB or the NTRO. 24. The Tribunal shall consist of:— Constitution of the Tribunal. (i) a Chairperson who shall be a sitting or a retired judge of the Supreme Court, to be appointed by the Central Government in consultation with the Chief Justice of the Supreme Court; (ii) one member who is or has been a judge of the High Court to be appointed by the Central Government in consultation with the Chief Justice of the High Court con- cerned; and (iii) one member who shall be appointed from amongst persons who have been the head of the IB or the R&AW, to be appointed from the two services alternately. 25. The Chairperson or members of the Tribunal shall hold office for a term of Term of five years from the date on which they enter upon office and shall not be eligible for Office. reappointment. 26. (1) The Chairperson or a member of the Tribunal may, by notice in writing under his Resignation hand, addressed to the President, resign his office: and removal. Provided that the Chairperson or a member shall, unless permitted by the President to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his terms of office, whichever is earlier. (2) The Chairperson or a member other than a sitting Judge of the Supreme Court or a High Court, as the case may be, of the Tribunal shall not be removed from office except by an order made by the President on the ground of proved misbehaviour or incapacity after an inquiry made by a sitting Judge of the Supreme Court in which such Chairperson or other member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. (3) The Central Government may, by rules to be prescribed, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairperson or other members referred to in sub-section (2). 27. (1) The Chairperson shall have the power to review the exercise by the State of its Functions powers of issuing authorizations or warrants under sections 8, 9, 10 and 11 of this Act. of the Chairperson. (2) The Tribunal shall submit a bi-annual report on their functioning to the Prime Minister.96 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The Prime Minister shall cause to lay before each House of Parliament a copy of each bi-annual report submitted by the Committee under sub-section (2) together with a statement as to whether any matter has been excluded from that report in pursuance of sub- section (4). (4) If it appears to the Prime Minister, after consultation with the Chairman of the Tribunal, that the publication of any matter in a report would be prejudicial to the discharge of the functions of the R&AW, the IB or the NTRO, as the case may be, he may exclude that matter from the bi-annual report laid before each House of Parliament. (5) The Prime Minister may, in consultation with the Chairperson provide the Tribunal with such staff and infrastructure facilities as the Chairperson thinks necessary for the discharge of his functions. Salaries and 28. The Chairperson and members shall hold office in accordance with the terms of expenses. their appointment and they shall be paid such salary and allowances equivalent to their last drawn salary and allowances. Financial and 29. The Chairperson shall exercise such financial and administrative powers over the Administrative Tribunal as may be prescribed: Powers of the Chairperson. Provided that the Chairperson shall have the authority to delegate such of his financial and administrative powers as he may think fit to any other member or any officer of the Tribunal, subject to the conditions that such member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairperson. Staff of the 30. (1) The Central Government shall determine the nature and categories of the Tribunal. officers and other employees required to assist the Tribunal in the discharge of its functions and provide the tribunal with such officer and other employees as it may think fit. (2) The salaries and allowances payable to, and the other terms and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed. (3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairperson. Jurisdiction, 31. (1) It shall be the duty of the Government or any of its agencies to implement the powers and orders of the Tribunal. authority of the Tribunal. (2) It shall be the duty of the R&AW, the IB or the NTRO to disclose or give to the Tribunal such documents or information as it may require for the purpose of carrying out its functions under this Act. (3) The Tribunal shall carry out its functions under this Act in such a way as to ensure that no document, or information disclosed or given to the Tribunal by any person is disclosed without the consent of such person to the complainant or to any person holding office under the Union of India or to any other person; and accordingly the Tribunal may not give any reason for their decision notified to a complainant. (4) Subject to sub-section (3) the Tribunal may determine its own procedure. (5) For the purpose of investigating and adjudicating a complaint under this Act, the Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:— 5 of 1908. (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, requisitioning any public record or document or copy of such record or 1 of 1872. document from any office;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97 (e) issuing commissions for the examination of witnesses or documents; and (f) reviewing its decisions. (6) The Tribunal shall have the power to decide both questions of interpretation of provisions of this Act and facts that may be raised before it. 32. (1) Any person may complain to the Tribunal if he is aggrieved by anything which Investigation he believes the R&AW or the IB or the NTRO, as the case may be, has wrongfully done in of complaints. relation to him or to his property. (2) On receipt of a complaint by any person aggrieved by the actions of the R&AW or the IB or the NTRO, as the case may be, if the Tribunal, after such inquiry, as it may deem necessary, is satisfied that it is fit for adjudication by it, admit such complaint; but where the Tribunal is not satisfied, it may dismiss the application after recording its reasons in writing. (3) In so far as the complaint alleges that anything has been done wrongfully in relation to any property of the complainant, the Tribunal shall investigate— (a) whether the R&AW or the IB or the NTRO, as the case may be, had obtained or provided information or performed any other tasks in relation to the submissions of the complainant; and (b) if so, whether the R&AW or the IB or the NTRO, as the case may be, had reasonable grounds for taking that action. (4) If, in the course of the investigation of a complaint by the Tribunal, if the Tribunal consider it necessary to establish whether a warrant and/or an authorization was issued/ given to the R&AW or the IB or the NTRO, as the case may be, under sections 9 and/or 11 of this Act for the commission of any act, it shall refer so much of the complaint as relates to the doing of that act to the Designated Authority for validation of the actions. (5) If the Tribunals hold that a valid warrant was issued or a valid authorization was given, it shall determine whether the Designated Authority was acting properly in issuing or renewing the warrant or, as the case may be, in giving or renewing the authorization. (6) The Tribunal shall make a determination within forty-five days of the receipt of the complaint. (7) All proceedings before the Tribunal shall be deemed to be judicial proceedings for 45 of 1860. the purposes of sections 193, 219, 228 and 196 of the Indian Penal Code, 1860 and the Tribunal shall be deemed to be a court for the purposes of section 195 and Chapter XXVI of 2 of 1974. the Code of Criminal Procedure, 1973. (8) The decision of the Tribunal shall be taken by majority and it shall be binding on all parties. 33. (1) A person making a complaint to the Tribunal may either appear in person or Assistance take the assistance of a legal practitioner before the Tribunal. of legal practitioner. (2) The Central Government or the competent authority, as may be prescribed, may authorize one or more legal practitioners or any of its law officers to act as counsel and every person so authorized by it may present its case with respect to any complaint before the Tribunal. 34. Where the Tribunal determines under section 32 that the R&AW or the IB or the Relief, NTRO, as the case may be, did not have reasonable grounds for its actions or inactions, the compensation and Tribunal may, by an order, direct— restitution. (a) that the obtaining and providing of information in relation to the complainant or, as the case may be, the conduct of other activities in relation to him or to any property of his shall cease and that any records relating to such information so obtained or provided shall be destroyed in such manner as to render them unusable henceforth and such activities shall be stopped forthwith;98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) payment of compensation to the person who has been aggrieved by the actions of the R&AW or the IB or the NTRO, as the case may be; (c) restitution of property damaged by such actions; (d) quashing of any warrant or authorization which the Tribunal has found to have been improperly issued, renewed or given; (e) institution of proceedings under the relevant statutes and applicable laws against the persons responsible for that. 35. Any person, aggrieved by an order made by the National Intelligence Tribunal, Appeal. may prefer an appeal to the Supreme Court within a period of ninety days from the date of such order. Power to 36. (1) The Central Government may, by notification in the Official Gazette, make make rules. rules for carrying out the purposes of the Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said, 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 99 STATEMENT OF OBJECTS AND REASONS Intelligence agencies are responsible for maintaining internal security and combating external threats to the sovereignty and integrity of the nation. These responsibilities range from counter-terrorism measures tackling separatist movements to critical infrastructure protection. These agencies are operating without an appropriate statutory basis delineating their functioning and operations. This tends to, among other things, compromise operational efficiency and weakens the professional fabric of these agencies. It also results in intelligence officers not having due protection when performing their duties. Assessments and gathering of information by intelligence agencies are catalysts for law enforcement units to act, necessitating that these be reliable, accurate and in accordance with law. This kind of efficiency has been hindered by obscured responsibilities that have plagued the functioning of the agencies. Article 21 of the Constitution provides that no person shall be deprived of his life and personal liberty except according to the procedure established by law. The Supreme Court of India has carved a right to privacy from the right to life and personal liberty. Such rights to privacy are compromised when agencies undertake surveillance operations. In Re: Peoples Union of Civil Liberties vs. Union of India, the Supreme Court issued detailed guidelines regarding telephone tapping. A proper legal framework is required to regulate surveillance of other forms, using different technologies, as well. There is an urgent need to balance the demands of security and privacy of individuals, by ensuring safeguards against the misuse of surveillance powers of intelligence agencies. Therefore, legislation is imperative to regulate the possible infringement of privacy of citizens, while giving credence to security concerns. In view of the reasons stated, the Bill seeks to enact a legislation pursuant to Entry 8 of List I of the Seventh Schedule to the Constitution of India to provide:— (a) a legislative and regulatory framework for the Intelligence Bureau, the Research and Analysis Wing and the National Technical Research Organisation; (b) designated Authority regarding authorization procedure and system of warrants for operations by these agencies; (c) a National Intelligence Tribunal for the investigation of complaints against these agencies; (d) a National Intelligence and Security Oversight Committee for an effective oversight mechanism of these agencies; and (e) an Intelligence Ombudsman for efficient functioning of the agencies and for matters connected therewith. The Bill seeks to achieve the aforesaid objectives. NEW DELHI; MANISH TEWARI October 24, 2019.100 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of a Research and Analysis Wing under the control of the Prime Minister. Clause 4 provides for the establishment of an Intelligence Bureau under the control of the Prime Minister. Clause 5 provides for appointment of a Director for day-to-day operation of the IB. Clause 6 provides for the establishment of a National Technical Research Organisation under the control of the Prime Minister. Clause 7 provides for appointment of a Chairperson in whom shall be vested the day-to-day operations of the NTRO. Clause 12 provides for the constitution of a National Intelligence and Security Oversight Committee to examine and administer and ensure compliance of the policies laid down under the Act. Clause 16 provides that an Intelligence Ombudsman shall be appointed by the Central Government. Clause 21 provides for remedies including compensation to the persons aggrieved by the actions of the intelligence agencies. Clause 23 provides that a National Intelligence Tribunal shall be established by the Central Government. Clause 24 provides for the appointment of the Chairperson and members of the Tribunal. Clause 28 provides for salaries and other expenses of the chairperson and members of the Tribunal. Clause 30 provides for the staff for the effective functioning of the Tribunal. Clause 34 provides for the payment of compensation to the persons who have suffered loss by any action of the R&AW or the IB or the NTRO. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees ten thousand crore will be involved as recurring expenditure per annum. A non-recurring expenditure to the tune of rupees five hundred crore is also likely to be incurred from the Consolidated Fund of India. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 36 of the Bill gives power to 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 101 BILL NO. 289 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title. 2. In the Tenth Schedule to the Constitution, in paragraph 2,— Amendment of the Tenth (i) in sub-paragraph (1)— Schedule. (a) for the words "shall be disqualified for being a member", the words "shall cease to be a member" shall be substituted;102 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) for clause (b), the following clause shall be substituted, namely:— “(b) if he votes or abstains from voting in such House with regard to a— (i) motion expressing confidence or want of confidence in the Council of Ministers; or (ii) motion for an adjournment of the business of the House; or (iii) motion in respect of financial matters as enumerated in articles 113 to 116 (both inclusive) and articles 203 to 206 (both inclusive); or (iv) Money Bill, contrary to any direction issued by the political party to which he belongs or by any person or authority authorized by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority, and where the Chairman or, as the case may be, the Speaker of such House makes an announce- ment, as soon as possible, on receipt of a communication from the political party regarding issue of such direction as aforesaid, to the effect that— (i) the political party or the person or authority authorized by it has issued a direction in respect of voting in regard to motions mentioned in this paragraph; and (ii) the defiance of such direction by a member belonging to that political party shall result in automatic cessation of his member- ship from the House." (ii) after sub-paragraph (1), the following sub-paragraph shall be inserted, namely:— "(LA) Notwithstanding anything contained in para I above, within fifteen days of a member having ceased to be so, he may, for restoration of membership, apply to the Chairman or the Speaker, as the case may be, urging therein the reasons, in justifi- cation of his impugned voting or abstention therefrom, and the competent authority shall, within ten days of the receipt of the same, seek confirmation from the political party concerned, whether the said action of the member stood condoned and if the same is received within fifteen days, the membership shall be restored forthwith: Provided that in case of non-confirmation or non receipt thereof, the Chairman or the Speaker, as the case may be, shall decide the matter within sixty days.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 103 STATEMENT OF OBJECTS AND REASONS The Tenth Schedule to the Constitution popularly known as Anti-Defection Law was added to the Constitution by the Constitution (Fifty-second Amendment) Act, 1985. The 52nd Amendment to the Constitution heralded in an era of healthy parliamentary democracy and sought to put an end to the scourge of political defections that were plaguing our body politic. Since the coming into force of the Act, our parliamentary democracy has taken healthier roots and the entailing punitive provisions contained in the Tenth Schedule have managed to rein in defections to a great extent. After thirty four years of the enactment of the Tenth Schedule, it needs certain adaptations and further strengthening so as to be of greater relevance to our democratic process today. As against the need of the hour when the Tenth Schedule was brought in the debate and voting in Parliament and State Legislatures have matured to such an extent as would merit revisiting some of the provisions of the said Schedule in order to streamline and strengthen them further; albeit without losing sight of its salutary intent and purpose. At present, the Tenth Schedule to the Constitution provides, inter alia, for disqualifi- cation of a member if he votes or abstains from voting in the House contrary to any direction issued by the political party to which he belongs to. The Tenth Schedule to the Constitution is lacking in the following two important aspects— (a) the disqualification of a member of a House should be only on the grounds that if he votes or abstains from voting in the House with regard to a Confidence Motion, No-confidence Motion, Adjournment Motion, Money Bill or financial matters contrary to the direction issued in this behalf by the party to which he belongs to, and in no other case; and (b) the Tenth Schedule is silent on the issue of disqualification in cases where a political party does not represent against a member who has acted contrary to the direction of the party to which he belongs to, while voting or abstaining from voting in the House, without prior permission of that political party. It is therefore, proposed to amend the Tenth Schedule to the Constitution with a view to provide for the following— (a) a member shall incur loss of his membership only when he votes or abstains from voting in the House with regard to a Confidence Motion, No-confidence Motion, Adjournment Motion, Money Bill or financial matters contrary to any direction issued in this behalf by the party to which he belongs to, and in no other case; (b) the Chairman or the Speaker of a House shall make an announcement in the House regarding any direction issued by a political party in respect of the aforesaid Motions, Bill or financial matters, as soon as possible, after such direction has been communicated to him by that political party. While making such announcement, the Chairman or the Speaker of House shall also specifically inform the members that the defiance of the direction issued by a political party by any member shall result in automatic cessation of his membership; and (c) a member shall have the right to appeal against cessation of his membership to the Chairman or the Speaker, as the case may be, within a period of fifteen days from the date of such cessation and the appeal shall be disposed of within a period of sixty days from the date of its receipt by the Chairman or the Speaker of a House. NEW DELHI; MANISH TEWARI October 24, 2019.104 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 51 OF 2021 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title. 1. This Act may be called the Constitution (Amendment) Act, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 105 2. In article 80 of the Constitution, in clause (5), the following proviso shall be Amendment of article 80. added at the end, namely:— "Provided that the representative of the Union territory of Chandigarh in the Council of States shall be elected by an electoral college consisting of elected members of the Municipal Corporation of Chandigarh constituted under the Punjab Municipal Corporation 45 of 1994 (Extension to Chandigarh) Act, 1994.". 3. In the Fourth Schedule to the Constitution, in the Table— Amendment of the Fourth (a) after entry 31, the following entry shall be inserted, namely:- Schedule. "32. Chandigarh………………... 1"; (b) for the figures "233", the figures "234" shall be substituted.106 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Article 79 of the Constitution provides for the constitution of Parliament. Article 80 stipulates the Composition of the Council of States. Article 80 (5) states that the representatives of the (Union territories) in the Council of States shall be chosen in such manner as Parliament may by law prescribe. The words "States specified in Part C of the First Schedule" were omitted and replaced by Union territories by section 3 (1) (d) of the Constitution (Seventh) Amendment Act 1956 with effect from the 1st day of November, 1956. The Union territories of Puducherry, Jammu and Kashmir and the National Capital territory of Delhi find representation in the Council of States. While the Union territories of Ladakh, Chandigarh, Dadra & Nagar Haveli—Daman and Diu, Andaman and Nicobar Islands and Lakshadweep are unrepresented in the Council of States. A special law in terms of article 80 (5) of the Constitution therefore needs to be enacted to provide representation to the unrepresented Union territories in the Council of States. The proposed Bill is however specific to providing representation to the Union territory of Chandigarh in the Council of States. The Bill provides that one person shall be elected to the Council of States from Chandigarh. Just as the Delhi Metropolitan Council served as the electoral college for electing three persons to the Council of States from Delhi from 1966 to 1990, similarly it is proposed that an electoral college consisting of the elected members of the Municipal Corporation of Chandigarh as brought into existence by an Ordinance, namely, the Punjab Municipal Corporation Act, 1976 as extended to Union territory Chandigarh by the Punjab Municipal Corporation Law (Extension to Chandigarh) Ordinance, 1994 and promulgated by the President of the India with effect from the 24th day of May, 1994 bringing the said Municipal Corporation of Chandigarh into existence, shall for the purposes of providing representation to Chandigarh in the Council of States constitute the electoral college for the same. The said ordinance was replaced by the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994 as further amended by the Punjab Municipal Corporation Law (Extension to Chandigarh) Amendment Act, 2017. The Bill seeks to amend the Constitution with a view to provide one seat to Union territory of Chandigarh in the Council of States. The representative would be elected by an electoral college consisting of elected members of the Municipal Corporation of Chandigarh constituted under the Punjab Municipal Corporation (Extension to Chandigarh) Act, 1994. Hence this Bill. NEW DELHI; February 11, 2021. MANISH TEWARISEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 107 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for allocation of one seat in the Council of States to the Union territory of Chandigarh. 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 two lakhs from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved.108 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 27 OF 2020 A bill to provide for effective protection of the Constitutional rights of vulnerable persons, to punish acts of lynching, to provide for designated courts for the expeditious trial of such offences, for rehabilitation of victims of lynching and their families and for matters connected therewith or incidental thereto. WHEREAS the Constitution of India guarantees to all persons the right to life and personal liberty and the Equal Protection of Laws: AND WHEREAS in recent times, there have been a spate of incidents resulting in loss of livelihood, injuries and death of persons at the hands of lynch mobs; AND WHEREAS it is deemed necessary and expedient to enact legislation for the protection of these rights guaranteed by the Constitution: BE it enacted by Parliament in the Seventy-first year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, 1. (1) This Act may be called the Protection from Lynching Act, 2020. extent and commencement.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 109 (2) It extends to the whole of India. (3) It shall come into force within thirty days of its enactment. 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) "hostile environment" means intimidating or coercive environment that is created against the victim or the family members of the victim or against any witnesses or any one providing assistance to the witness or victim, which includes being subjected to the following act— (i) boycott of the trade or businesses of such person or making it otherwise difficult for him or her to earn a living; or (ii) extern such person or his family from the locality where he or his family has normally been residing as permanent resident; or (iii) public humiliation through exclusion from public services, including education, health and transportation or any act of indignity; or (iv) deprive or threaten to deprive such person of his fundamental rights; or (v) force such person to leave his home or place of ordinary residence or livelihood without his or her express consent; or (vi) any other act, whether or not it amounts to an offence under this Act, that has the purpose or effect of creating an intimidating, hostile or offensive environment. (c) "lynching" means any act or series of acts of violence or aiding, abetting or attempting an act of violence, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity or any other relate grounds. (d) "mob" means a group of two or more individuals, assembled with an intention of lynching. (e) "offensive material" means any material that can be reasonably construed to have been made to incite a mob to lynch a person on the grounds of religion, race, caste, sex, place of birth, language, dietary practices. sexual orientation, political affiliation, ethnicity or any other related grounds. (f) "victim" means any person, who has suffered physical, mental, psychological or monetary harm as a result of the commission of any offence under this Act, and includes his or her relatives, legal guardian and legal heirs of a deceased victim. (g) "witness" means any person who is acquainted with the facts and circumstances, or is in possession of any information or has knowledge necessary for the purpose of investigation, inquiry or trial of any crime involving an offence under this Act, and who is or may be required to give information or make a statement or produce any document during investigation, inquiry or trial of such case and includes a victim of such offence. (h) Words and expressions used but not defined in this Act and defined in the 20 of 1947. Code of Criminal Procedure, 1973 or the Indian Penal Code shall have the meanings assigned to them respectively in the Code of Criminal Procedure, 1973, or as the case 45 of 1860. may be, in the Indian Penal Code, 1860.110 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER II DUTIES OF POLICE OFFICER AND DISTRICT MAGISTRATE Designation of 3. (1) The Director General of Police shall appoint a State Coordinator to prevent Nodal Officer. lynching who shall be the officer not below the rank of inspector General of Police. (2) Every District Superintendent of Police shall be the District Coordinator, who shall be assisted by one of the Deputy Superintendents of Police in the distict for taking measures to prevent incidents of mob violence and lynching. Duties of 4. (1) The District Coordinator so designated under sub-section (2) of Section 3 shall Nodal Officer. hold regular meetings (at least once in a month) with the local intelligence units in the district along with all the officers in-charge of the Police Station of the district so as to identify the existence of the tendencies of vigilantism, mob violence or lynching in the district and take steps to prohibit instances of dissemination of offensive material for inciting such tendencies. (2) The District Coordinator shall,— (i) make efforts to eradicate hostile environment against any community or caste which is targeted in such incidents; (ii) bring to the notice of the State Coordinator and Director General of Police any issue having inter district ramification of mob violence for devising a strategy to tackle the same at the State level; (iii) monitor the investigation of such offenders personally and be duty bound to ensure that the investigation is carried out effectively and that the charge-sheet is filed within the statutory period from the date of registration of the First Information Report or arrest of the accused as the case may be. Duties of 5. (1) Every police officer, directly in charge of maintaining law and order in an area Police Officer. shall take all reasonable steps to prevent any act of lynching including its incitement and commission; and to that end— (i) make all possible efforts to identify instances of dissemination of offensive material or any other means employed in order to incite or promote lynching of a particular person or group of persons; (ii) act in furtherance of the duty to prevent lynching in accordance with the powers vested in them; and (iii) make all possible efforts to prevent the creation of hostile environment against a person or group of persons. (2) Every police officer shall take every possible action to the best of their ability, to prevent the commission of all offences under this Act. Duties of 6. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 2 of 1974. District whenever the District Magistrate has reason to believe that in any area within his jurisdiction, Magistrate. a situation has arisen where there is an apprehension of lynching he may, be order in writing, prohibit any act which in his opinion is likely to lead to the incitement and commission of an act of lynching. (2) The District Magistrate shall take every possible action to the best of his or her ability to prevent the creation of a hostile environment against a person or group of persons. CHAPTER III PREVENTION OF ACTS LEADING TO LYNCHING Duty to 7. (1) It shall be the duty of every police officer, in-charge of a police station to take all prevent reasonable steps to prevent any incident of lynching, including its incitement, commission lynching. and possible spread in the area under their jurisdiction and to that end— (i) make all possible efforts to identify patterns of violence in the area under their jurisdiction, that indicate occurrence of targeted violence;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 111 (ii) obtain information regarding the likelihood of an act of lynching; and (iii) act in furtherance of the duty to prevent any act of lynching in accordance with the powers vested in them. (2) Every police officer exercising powers under this Act in discharge of their duties shall act without any delay in a fair, impartial and non-discriminatory manner. 8. (1) It shall be the duty of every police officer in-charge of a police station to exercise Power to his authority on a mob in order to cause it to disperse. exercise authority (2) In exercise of his authority, a police officer in-charge of a police station may use against mobs. such powers as vested under Section 129 of the Code of Criminal Procedure, 1973. CHAPTER IV PUNISHMENT FOR LYNCHING 9. Whoever commits an act of lynching— Punishment for offence of (a) where the act leads to the victim suffering hurt, shall be punished with lynching. imprisonment of either description for a term which may extend to seven years and with fine which may extend to one lakh rupees. (b) where the act leads to the victim suffering grievous hurt shall be punished with imprisonment of either description for a term which may extend to ten years, and with fine which shall not be less than twenty-five thousand rupees and may extend to three lakh rupees. (c) where the act leads to the death of the victim, shall be punished with rigorous imprisonment for life and with fine which shall not be less than one lakh rupees and may extend to five lakh rupees. 10. Whoever takes part in a conspiracy or conspires to lynch another person, or abets Punishment or aides or attempts an act of lynching shall be punished in the same manner as if they had for conspiracy or abetment taken part in the actual incident of lynching. or aides or attempt to lynch. 11. Any person who— Punishment for obstructing (a) knows or have reasonable cause to believe that any other person is guilty of legal process. an offence under this act, give that other person any assistance with intent thereby to prevent, hinder or otherwise interfere with his arrest, trial or punishment for the said offence, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine which may extend to one lakh rupees. (b) threatens a witness with any injury to his person or property or to the person or property of any one in whom that person is interested, with intent to cause harm to that person, or to compel that person to refrain or withdraw from being a witness in any investigation or trial under this Act shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine which may extend to one lakh rupees. CHAPTER V OTHER OFFENCES AND PUNISHMENT 12. Notwithstanding anything contained in any other law for the time being in force, Punishment whoever publishes, communicates or disseminates by any method, physical or electronic, for dissemination any offensive material, shall be punished with imprisonment of either description for a term of offensive of not less than one year which may extend to three years, and with fine which may extend to material. fifty thousand rupees.112 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Punishment 13. Notwithstanding anything contained in any other law for the time being in force, for causing whosoever cause damage to any property movable or immovable in the act of lynching, shall damage to any be punished with imprisonment of either description for a term of not less than one year property movable and which may extend upto three years, and with fine which may extend to twice the amount of immovable. damage or loss caused to the property, as may be determined by the Court. Punishment 14. Any person willfully and maliciously giving false information and so causing an for false arrest or a search to be made under this Act shall on conviction be liable for imprisonment for information a term which may extend to two years with fine which may extend upto fifty thousand rupees or failure to give or both. information. Dereliction of 15. When any police officer, directly in charge of maintaining law and order in an area, duty by Police omits to exercise lawful authority vested in them under law, without reasonable cause and Officer. thereby fails to prevent lynching shall be guilty of dereliction of duty. Explanation.—For the purposes of this section, dereliction of duty by a police officer shall also include the following: (i) failure to provide protection to a victim of lynching; (ii) failure to act upon apprehended lynching; (iii) refusing to record any information under sub-section (1) of section 154 of 2 of 1974. the Code of Criminal Procedure, 1973 relating to the Commission of an offence under this Act; and (iv) failure to perform his duties under section 3, 4 and 5 of this Act. Punishment 16. Notwithstanding anything contained in any other law being in force, whoever for dereliction being a police officer is guilty of dereliction of duty shall be punished with imprisonment of of duty by Police Officer. one year, which may extend to three years, and with fine which may extend to fifty thousand rupees. Dereliction of 17. Whoever being a District Magistrate authorized to act under any provisions of this duty by Act— District Magistrate. (a) exercised the lawful authority vested in him under this Act in a mala fide manner, which causes or is likely to cause harm or injury to any person or property; or (b) willfully omits to exercise lawful authority vested in him under this Act and thereby fails to prevent the commission of any act of lynching, shall be guilty of dereliction of duty. Punishment 18. Whoever being a District Magistrate is guilty of dereliction of duty shall be punished for dereliction with imprisonment for a term of one year which may extend to three years, and with fine of duty by which may extend to fifty thousand rupees. District Magistrate. Punishment 19. Whoever contributes or enforces a hostile environment on a person or a group of for enforcing person, shall be punished with imprisonment for six months. a hostile Environment. CHAPTER VI INVESTIGATION, PROSECUTION AND TRIAL Application of 20. The provisions of the code of Criminal Procedure, 1973, shall apply to this Act, 2 of 1974. Code of save and except as amended or supplemented to the extent provided under this Chapter. Criminal Procedure, 1973. Offences to be 21. Unless otherwise specified, all offences specified under this Act, shall be cognizable, cognizable, non-bailable and non-compoundable. non-bailable and non- compoundable.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 113 22. No police officer below the rank of Inspector of Police shall investigate any offence Investigation committed under this Act. by senior Police Officers. 2 of 1974. 23. The provisions of sections 196 and 197 of the Code of Criminal Procedure, 1973 Sanction not shall not apply to offences by police officers and the Court may take cognizance of such required for offences under offence when satisfied that the said offence has been committed. the Act. 2 of 1974. 24. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in Cases triable any other law for the time being in force, the offences specified under this Act shall be tried by Designated by designated Judges appointed under this Act. Judges. 25. (1) The appropriate Government by notification in the Official Gazette, appoint as Power to many Designated Judges in consultation with the Chief Justice of the High Court as it may be appoint Designated necessary to try offences punishable under this Act. Judges. (2) A person shall not be qualified for appointment as a Designated Judge or Additional Designated Judge under this Act unless he or she is or has been a Sessions Judge under the 2 of 1974. Code of Criminal Procedure, 1973. 26. (1) A designated Judge may take cognizance of any offence, without the accused Procedure and being committed to it for trial, upon a police report. Power of the Designated (2) In trying the accused persons, the Designated Judge shall follow the procedure for Judge. 2 of 1974. the trial of warrant cases prescribed by the Code of Criminal Procedure, 1973. (3) The provisions of the Code of Criminal Procedure, 1973, shall, so far as they are not 2 of 1974. inconsistent with this Act, apply to be proceedings before a Designated Judge; and for the purposes of the said provisions, the Court of the Designated Judge shall be deemed to be a Court of Session. (4) When trying the accused person, a Designated Judge may also try any offence, other than an offence specified under this Act, with which the accused may, under the Code of Criminal Procedure, 1973, be charged at the same trial if the offence is connected with the 2 of 1974. offence under this Act. (5) If in the course of any trial under this Act, it is found that the accused person has committed any other offence, the Designated Judge may, whether such offence is or is not an offence under this Act, try such person of such offence and pass any sentence authorised by law for the punishment thereof. 2 of 1974. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 a Designated Judge shall hold the trial of an offence on day-to-day basis save and except for reasons beyond the control of parties: Provided that where a Designated Judge is unable to hold the trial of the offence on a day-to-day basis, the reasons for the same, shall be recorded in writing by the Designated Judge. (7) In so far as reasonably possible, all statements of victims and witnesses should be recorded within a period of one hundred and eighty days from the date of incident. (8) In so far as reasonably possible, it shall be the endeavour of the Court to ensure that any witness is not required to attend court on more than two dates of hearing. 27. (1) A Designated Judge may, on an application made by a witness in any proceedings Rights of before it or by the Public Prosecutor in relation to such witness or on its own motion, take victims and witnesses such measures as it deems fit for keeping the identity and address of the witness secret. during trial. (2) A victim shall have the right to reasonable, accurate, and timely notice of any court proceeding and shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submissions on conviction, acquittal or sentencing.114 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The Superintendent of Police, or officer designated by him or her shall inform the victim in writing about the progress of investigations into the offence, whether or not the offender has been arrested, charge-sheeted, granted bail, charged, convicted or sentenced, and if a person has been charged with the offence, then the name of the suspected offender. (4) The victim shall have the right to receive a copy of any statement of the witness recorded during investigation or inquiry, and a copy of all statements and documents filed under section 173 of the Code of Criminal Procedure, 1973 including the charge-sheet or 2 of 1974. closure report submitted by police. (5) A victim shall be entitled to receive free legal aid if he or she so chooses and to engage any advocate who he or she chooses from among those enrolled in the legal aid panel under the Legal Services Authorities Act, 1987 and the Legal Aid Services Authority 39 of 1987. established under the said Act shall pay all costs, expenses and fees of the advocate appointed by the victim or informant in accordance with relevant rules. (6) Notwithstanding anything contained in any other law being in force, the Designated Judge trying a case may permit the prosecution to be conducted by any advocate recommended by the victim: Provided that no person, other than the Advocate-General or Government advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to conduct the prosecution without the prior approval of the Designated Judge. (7) Where the prosecution is conducted by an advocate recommended by the victim, the expenses arising out of such service, shall be borne by the appropriate Government. (8) It shall be the duty and responsibility of the appropriate Government for making arrangements for the protection of victims and witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence. (9) The appropriate Government shall inform the concerned Designated Judge about the protection provided to any victim, informant or witnesses and the Designated Judge shall periodically review the protection being offered under this section and pass appropriate orders. (10) It shall be the duty of the Investigating Officer to record the complaint of victim, informant or witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence, whether given orally or in writing and copy of the same shall be sent to the Designated Judge within twenty-four hours of recording it. Constitution 28. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, of Review every case, registered in connection with an offence under this Act and where the Investigating Committee. Officer does not file a charge sheet within a period of three months from the date of registration of the First Information Report, shall be reviewed by a Committee headed by an officer of the level of an Inspector-General of Police to be constituted by the appropriate Government and such committee may pass orders for a further investigation by another officer not below the rank of Deputy Superintendent of Police wherever it comes to the conclusion that, having regard to the nature of investigation already carried out, such investigation would be necessary. (2) The Committee constituted under sub-section (1) may also review cases of such offences where the trial ends in acquittal and issue orders for filing appeal, wherever required. (3) The Committee shall submit a report of its findings and action taken in each case or cases to the Director General of Police. CHAPTER VII RELIEF AND REHABILITATION Treatment of 29. All hospitals, public or private, whether run by the Central Government, the State victim. Government, local bodies or any other person, shall immediately provide the first aid or medical treatment free of cost to victim and shall immediately inform the police of such incident.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 115 30. (1) The appropriate Government through the office of the level of Chief Secretary Duty to shall provide compensation to victims of lynching within thirty days of the incident. provide compensation. (2) Where the death of a person has occurred as a consequence of lynching, the compensation for such death shall be paid to the next of kin of the deceased. (3) While computing compensation, the appropriate Government must give due regard to the bodily injury, psychological injury, material injury and loss of earnings including loss of opportunity of employment and education expenses incurred on account of legal and medicinal assistance: Provided that in no case of death caused due to lynching, should the compensation given be less than twenty five lakh rupees. 31. (1) Where the offence under this Act has led to displacement of the victims from Displacement. their residence, the appropriate Government shall arrange for the accommodation of the victims and take all necessary steps to rehabilitate such victims. (2) Where the offences under this Act, have led to the displacement of more than fifty persons, the appropriate Government shall setup relief camps in the manner specified under Section 27. 32. (1) In accordance with sub-section 2 of section 27, the appropriate Government Establishment shall establish relief camps in safe locations for all victims. of Relief Camps. (2) Relief camps under sub-section (1) shall continue to be operated by the appropriate Government until such persons return to their original habitations, or are resettled in a new suitable location. (3) Relief camps established under sub-section (1) shall, at the minimum, regardless of the circumstances and without discrimination, provide such persons with: (a) basic shelter which is appropriate and adequate to protect the residents of the camps from extremes of the weather and which provides due privacy especially to women and girls; (b) twenty four hour security at the relief camp; (c) adequate nutritious and culturally appropriate food; (d) potable drinking water; (e) adequate clothing which is culturally appropriate and sufficient to protect the residents of the camp from extremes of weather; (f) essential medical services including antenatal and postnatal care of expectant mothers, pediatric care and emergency and rehabilitative services for the injured and referral services wherever necessary; (g) adequate sanitation; (h) psycho-social and trauma counselling and psychiatric services; (i) child care services for infants and small children; (j) educational facilities for children; (k) special facilities and assistance, as may be necessary and reasonable for the medical condition and treatment of certain residents of the relief camps as children, especially unaccompanied minors, expectant mothers, mothers with young children, female heads of household, elderly and disabled persons with special needs. CHAPTER VIII APPEALS 2 of 1974. 33. Notwithstanding anything contained in the Code of Criminal Procedure, 1973; Appeals. (i) an appeal shall lie as a matter of right from any judgment, sentence or order, not being interlocutory order, of a Designated Judge to the High Court both on facts and on law; and116 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) Every appeal under this section shall be preferred within a period of sixty days from the date of the judgment, sentence or order appealed from: Provided that the High Court may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of sixty days. CHAPTER IX MISCELLANEOUS Power to 34. 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 expiry of the period of two years from the date of commencement of this Act. Act to be in 35. The provisions of this Act shall be in addition to, and not in derogation of, any addition to other law for the time being in force except to the extent the provisions of other laws are any other law. inconsistent with the provisions of this Act. Power to 36. (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 117 STATEMENT OF OBJECTS AND REASONS The idea of India, as envisaged by our founding fathers, is of one land embracing many, a nation that may endure differences of caste, ceed, colour, conviction, culture, cuisine, costume and custom and continue to maintain its composition as a pluralistic democracy, the underlying seamless web that unites India as a sovereign, socialist, secular, democratic republic. Article 21 of the Constitution of India guarantees every person the right to life and personal liberty which includes the right to a dignified existence, in celebration of one's choices and social identity. The freedom of speech and expression under article 19 of the Constitution, which includes the freedom to express one's identity and choices without fear of repercussions, is the embodiment of the freedom that the makers of modern India dedicated their lives for. Every Indian has the right to a dignified existence irrespective of their religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation and ethnicity. The rising spate of vigilantism and mob lynching on the basis of one's individual identity and choices threatens the notion of an all-embracing India and is a direct threat to the Constitutional ethos of our country. This, therefore, necessitates the need for a special law to aid vulnerable individuals and communities. The act of wilful omissions and commissions by the custodians of the State, which facilitates mob lynching, must be recognized as a criminal act under the eyes of the law. The State must act as the bulwark of the freedoms enshrined in the Constitution of India, and special procedures are required to ensure an effective and independent prosecution of crimes, to deter the growing number of vigilante groups which act with impunity, in contempt of the secular fabric of India. Therefore, there is an urgent requirement to re-enforce the founding values of our nation through special laws and procedure to curb mob lynching and related violence against an individual Indian citizen's identity. Hence this Bill. NEW DELHI; SHASHI THAROOR November 6, 2019118 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the appointment of a State Coordinator and District Coordinators to prevent acts of lynching. Clause 27 mandates the appropriate Governments to remunerate the expenses arising out of the prosecution in the manner set forth under such provision. Clause 29 provides for medical treatment of victims. Clause 30 provides for payment of compensation to the victims. Clause 31 provides for arrangement of accommodation to the victims by the appropriate Government. Clause 32 provides for establishment of relief camps by the appropriate Government. The expenditure relating to States shall be borne out of the Consolidated Funds of respective States. The expenditure relating to Union territories shall be incurred from the Consolidated Fund of India. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees two hundred crore per annum would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees ten crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 36 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 119 BILL NO. 254 OF 2019 A Bill to provide for the establishment of permanent Benches of the High Courts in State Capitals where the principal seat or a permanent Bench of the High Court concerned is situated at a place other than the State Capital and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Establishment of Permanent Benches of High Courts Short title and at State Capitals Act, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. (1) Notwithstanding anything contained in any other law for the time being in force, Establishment where the principal seat or a permanent Bench of the High Court of a State is situated at a of a permanent Bench of the place other than the State Capital, the President may, on recommendation of the State High Court Government, by order, provide for the establishment of a permanent Bench of that High concerned at Court at the State Capital. capital city of every State.120 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The number of Judges who will sit at the permanent Bench at the State Capital shall be such as the Chief Justice of the High Court of that State may from time to time nominate. (3) The permanent Bench at the State Capital shall exercise the jurisdiction and power for the time being vested in the High Court of that State in respect of cases arising in the territories comprising of the State Capital and such other territories within that State as the President may by notification specify.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 121 STATEMENT OF OBJECTS AND REASONS There have been constant demands from several quarters for establishing permanent Benches of High Courts at State Capitals where the principal seat of the High Court of a State is situated at a place other than the State Capital. The principal seat of the Kerala High Court is at Ernakulam, which is situated at a distance of 200 kms. 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 before various High Courts. This had led to the State Governments incurring considerable expenditure on account of travelling allowance and leave allowance given to the Government employees for travelling from State Capitals to the places of principal seats of the High Courts concerned 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 travel long distance to reach the Court. In the interest of administration of justice, the court must be easily accessible to the litigants and witnesses. There is no provision for establishing a permanent Bench of High Court in State Capital in respect of existing States where the principal seat of that High Court exists at a place other than the State Capital. Therefore, it is necessary to enact a legislation providing for establishing a permanent Bench of a High Court of the State in the State Capital on the recommendation of the State Government concerned, where such seat does not exist or the principal seat of that High Court exists at a place other than the State Capital. Hence this Bill. NEW DELHI; SHASHI THAROOR November 6, 2019.122 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 341 OF 2019 A Bill to establish an effective regime to protect the right to privacy of data all natural person; to set out conditions of surveillance and interception of communications of natural persons; and to constitute a Privacy Commission and for matters connected therewith or incidental thereto. WHEREAS the right to privacy is an inalienable right of all persons; AND WHEREAS the need to protect privacy has increased in the digital age with the emergence of big data analytics; AND WHEREAS the delivery of goods and provision of services requires the collection, storage, processing and disclosure including international transfers of personal data; AND WHEREAS good governance requires that all interceptions of communications and surveillance must be conducted in a systematic and transparent manner subservient to the rule of law; AND WHEREAS it is necessary to harmonise any conflicting interests and competing legislations;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 123 NOW, THEREFORE, it is expedient to provide for an enforceable means to protect the privacy of persons; BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Data Privacy and Protection Act, 2019. Short title, extent and (2) It extends to the whole of India and, save as otherwise provided in this Act, it commencement. shall also apply to any offence or contravention hereunder committed outside India by any person. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. (1) In this Act unless the context otherwise requires,— Definitions. (a) “anonymise” means, in relation to personal data, the encryption or removal of all data that may, whether directly or indirectly in conjunction with any other data, be used to identify a natural person or data subject; (b) “appropriate Government” means, in relation to the Central Government or a Union territory Administration, the Central Government; in relation to a State Government, that Government of that State; and, in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly: (i) by the Central Government or a Union Territory Administration, the Central Government; (ii) by a State Government, the Government of that State; (c) “armed force” means any body raised or constituted pursuant to or in 46 of 1950 connection with, or presently governed by, the Army Act, 1950, the Indian Reserve 4 of 1888 Forces Act, 1888, the Territorial Army Act, 1948, the Navy Act, 1957, the Air Force Act, 56 of 1948 1950, the Reserve and Auxiliary Air Forces Act, 1952, the Coast Guard Act, 1978 or the 62 of 1957 Assam Rifles Act, 2006; 45 of 1950 62 of 1952 (d) “authorised officer” means a Gazetted Officer of an All India Service or a 30 of 1978 47 of 2006 Central Civil Service, as the case may be, who is empowered by the Central Government, by notification in the Official Gazette, to intercept a communication of another person or carry out surveillance of another person under the provisions of this Act; (e) “biometric data” means any data relating to the physical, physiological or behavioural characteristics of a natural person which allow their unique identification including, but not restricted to, facial images, finger prints, hand prints, foot prints, iris recognition, hand writing, typing dynamics, gait analysis and speech recognition; (f) “Chief Privacy Commissioner” and “Privacy Commissioner” means the Chief Privacy Commissioner and Privacy Commissioner, respectively appointed under section 33; (g) “collect”, with its grammatical variations and cognate expressions, means, in relation to personal data, any action or activity that results in a data controller, police force, armed force, intelligence organisation, public authority, company, person, State or other entity (natural or otherwise) obtaining, or coming into the knowledge or possession of, any personal data of another person; (h) “communication” means words, signs, gestures, spoken, written or indicated, in any form, manner or language, encrypted or unencrypted, meaningful or otherwise,124 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— and includes visual representations of words, ideas, symbols and images, and the meta data in relation whether transmitted or not transmitted and, if transmitted, irrespective of the medium of transmission; (i) “competent organisation” means an organisation or public authority listed under Schedule to this Act; (j) “consent” means an unambiguous indication of a data subject's agreement to the collection, processing, use or dissemination of personal data relating to him or her; (k) “data controller” means a person who, either solely, or jointly or in combination with other persons, determines the purposes for which and the manner in which any personal data is processed; (1) “data processor” means a person who processes any personal data on behalf of a data controller; (m) “data subject” means a natural person who is the subject of personal data; (n) “deoxyribonucleic acid data” means all data, of whatever type, concerning the characteristics of a natural person that are inherited or acquired during early prenatal development; (o) “destroy”, with its grammatical variations and cognate expressions, means, in relation to personal data, to cease the existence of, by deletion, erasure or otherwise, any personal data; (p) “disclose”, with its grammatical variations and cognate expressions, means, in relation to personal data, any action or activity that results in a person coming into the knowledge or possession of any personal data of another person; (q) “intelligence organisation” means an intelligence organisation under the Intelligence Organisations (Restriction of Rights) Act, 1985 and includes the National 58 of 1985. Investigation Agency constituted under sub-section (1) of section 3 of the National Investigation Agency Act, 2008 and the Central Bureau of Investigation constituted under the Delhi Special Police Establishment Act, 1946; (r) “interception” or “intercept” means any activity intended to capture, read, listen to or understand the communication of a person; (s) “officer-in-charge of a police station” shall have the meaning ascribed to it under clause (o) of section 2 of the Code of Criminal Procedure, 1973; 2 of 1974. (t) “person” means and includes a natural person, a company, a firm, an association of persons or a body of individuals, whether incorporated or not; (u) “personal data” means any data which relates to a natural person if that person can, whether directly or indirectly in conjunction with any other data, be identified from it and includes sensitive personal data: Provided that the term “personal data” shall not include data which is a matter of public record except details of victims in cases of sexual assault, kidnapping or abduction. (v) “police force” means— (i) anybody raised or constituted by the appropriate government for the preservation of law and order and enforcement of laws related to customs, revenue, foreign exchange, excise, income tax and narcotics; (ii) the bodies raised or constituted pursuant to or in connection with, or presently governed by, the Police Act, 1861, the Central Reserve Police Force 5 of 1861. Act, 1949, the Border Security Force Act, 1968, the Indo-Tibetan Border Police 66 of 1949. 47 of 1968. Force Act, 1992, the Sashastra Seema Bal Act, 2007, the Central Industrial Security 35 of 1992. 53 of 2007.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 125 50 of 1968 Force Act, 1968, the Railway Protection Force Act, 1957 and the National 23 of 1957 Security Guard Act, 1986; or 47 of 1986 (iii) the bodies raised or constituted pursuant to or in connection with, or 25 of 1946 presently governed by, the Delhi Special Police Establishment Act, 1946, the 43 of 1961 Income Tax Act, 1961, the National Investigation Agency Act, 2008 and the 34 of 2008 Central Vigilance Commission Act, 2003; or 45 of 2003 (iv) any police forces raised or constituted by the States, armed or otherwise; (w) “prescribed” means prescribed by rules made under this Act; (x) “Privacy Commission” means the Privacy Commission constituted under sub-section (1) of section 33; (y) “Privacy Officer” means the Privacy Officer designated under sub-section (3) of section 22 and sub-sections (3) and (4) of section 30; (z) “process", with its grammatical variations and cognate expressions, means, in relation to personal data, any action or operation which is performed upon personal data of another person, whether or not by automated means including, but not restricted to, organisation, structuring, adaptation, modification, retrieval, consultation, use, alignment or destruction; (za) “public authority” shall have the meaning ascribed to it under clause (h) of section 2 of the Right to Information Act, 2005; 22 of 2005 (zb) “receive", with its grammatical variations and cognate expressions, means, in relation to personal data, to come into the knowledge or possession of any personal data of another person; (zc) “sensitive personal data” means personal data or metadata including— (i) biometric data; (ii) deoxyribonucleic acid data; (iii) sexual preferences and practices; (iv) medical history and health; (v) political affiliation; (vi) ethnicity, religion, race or caste; and (vii) financial and credit information, including financial history and transactions. (zd) “store", with its grammatical variations and cognate expressions, means, in relation to personal data, to retain, in any form or manner and for any purpose or reason, any personal data of another person; and (ze) “surveillance” means any activity, directly or indirectly intended to watch, monitor, record or collect, or to enhance the ability to watch, record or collect, any information, images, signals, data, movement, behaviour or actions, of a person, a group of persons, a place or an object, for the purpose of obtaining information of a person, but does not include collection of personal data under sections 7 and 8 of this Act. (2) All other expressions used herein shall have the meanings assigned to them 10 of 1897 under the General Clauses Act, 1897 or the Code of Criminal Procedure, 1973, as the case 2 of 1974 may be.126 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Principles 3. In exercising the powers conferred by this Act, regard shall be had to the following applicable to considerations, namely: — protecting privacy. (a) that personal data with its attributes belongs solely to the person to whom it pertains; (b) that personal data is required by Governments and commercial service providers and others to enable good governance and the delivery of goods and provision of services without undue delay which may be provided by a meaningful, revocable notice and consent framework; (c) that the right to privacy is recognised as a fundamental human right by various international treaties to which India is a party; (d) that intrusions into privacy need always be measured by principles of necessity and proportionality; (e) that the right to privacy is a fundamental right essential to the maintenance of a democratic society; and (f) that privacy must be upheld by a competent authority that is independent, impartial, well resourced and free from unwarranted influence. CHAPTER II RIGHT TO PRIVACY Right to 4. (1) Without prejudice to the generality of the provisions contained herein, all natural privacy. persons shall have a right to privacy which shall be implemented subject to provisions of section 3. (2) For the purpose of sub-section (1) no person shall collect, store, process, disclose or otherwise handle any personal data of a natural person, intercept any communication of another person, or carry out surveillance of another person except in accordance with the provisions of this Act. Exemptions. 5. Nothing in this Act shall apply to— (a) the collection, storage or processing by a person of their own personal data for personal or family use; or (b) surveillance by a resident of their own residential property. CHAPTER III PROTECTION OF PERSONAL DATA Effective 6. A data subject may be said to have given effective consent only when it is— consent from a data subject. (1) free, in the terms of section 14 of the Indian Contract Act, 1872; 9 of 1872 (2) obtained prior to all data collection, except in the cases expressly excluded by section 8; (3) voluntarily given through an express and affirmative act and is recorded in writing: Provided that effective consent shall only be said to have been obtained where: (i) a conspicuous means for its withdrawal is made available to the data subject; and (ii) the means for its withdrawal may be employed with the same ease as the means by which it was obtained. (4) obtained after the data subject has been duly informed, in language that a reasonable person may comprehend, of the matters enumerated in sub-section (3) of section 7 or sub-section (3) of section 13 as the case may be, and:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 127 Provided that, in case of any dispute, ambiguities in the terms of the notice and of any privacy policies that apply will be resolved in favour of the data subject; (5) specific and limited as to the purpose and duration. Explanation 1.—For the purposes of this section consent shall be deemed to be limited only if it is obtained in respect of the purposes and duration strictly necessary to provide the product or service in relation to which personal data is sought to be collected, processed or disclosed; Explanation 2.—When the purposes for which personal data was collected are materially altered or expanded subsequent to its collection, consent shall be deemed to be specific only if it is obtained afresh in respect of that alteration or expansion— (i) after duly informing the data subject of the alteration or expansion in purpose, and (ii) prior to any use of that data for the expanded purposes. 7. (1) No person, including a data controller and data processor, shall collect any Collection of personal data without obtaining the effective consent of the data subject to whom it pertains. personal data. (2) Subject to sub-section (1), no person shall collect any personal data that is not necessary for the achievement of a purpose that is connected to a stated function of the person seeking its collection. (3) A person seeking to collect any personal data shall, prior to its collection and as notified by the Privacy Commission, inform the data subject free of any charges, direct or indirect, to whom it pertains of the following details in respect of their personal data, namely— (a) when it shall be collected; (b) its content and nature; (c) the purpose of its collection; (d) the purpose and manner in which it shall be used; (e) the persons to whom it shall be made available; (f) the duration for which it shall be stored; (g) the manner in which it may be accessed, checked and modified; (h) the security practices and other safeguards, if any, to which it shall be subject; (i) the privacy policies and other policies, if any, that shall protect it; (j) whether, and the conditions and procedure upon which, it may be disclosed to others; (k) the time and manner in which it shall be destroyed, or the criteria used to determine that time period; (l) the procedure for recourse in case of any grievance in relation to it; and (m) the identity and contact details of the data collector and data processor. (4) The personal data collected in pursuance of a grant of consent by the data subject to whom it pertains shall, if that consent is subsequently withdrawn for any reason, be destroyed forthwith: Provided that the person who collected the personal data in respect of which consent is subsequently withdrawn may, only if the personal data is necessary for the delivery of any good or the provision of any service, or the fulfillment of a lawful128 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— contract, not deliver that good or deny that service or fulfil that contract to the data subject who withdrew the grant of consent easily and at any point during the duration of a service. Collection of 8. Personal data may be collected without the prior consent of the data subject if it personal data is— without prior consent. (a) necessary for the provision of an emergency medical service to the data subject; (b) required for the establishment of the identity of the data subject and the collection is authorised by a law in this regard; and (c) necessary to prevent, investigate or prosecute a cognisable offence. Storage and 9. (1) No person, including a data controller and a data processor, shall store any destruction of personal data for a period longer than is necessary to achieve the purpose for which it was personal data. collected or received, or, if that purpose is achieved or ceases to exist for any reason, for any period following such achievement or cessation. (2) Save as provided in sub-section (3), any personal data collected or received in relation to the achievement of a purpose shall, if that purpose is achieved or ceases to exist for any reason, be destroyed forthwith. (3) Notwithstanding anything contained in this section, any personal data may be stored for a period longer than is necessary to achieve the purpose for which it was collected or received, or, if that purpose has been achieved or ceases to exist for any reason, for any period following such achievement or cessation, if — (a) the data subject to whom it pertains grants their effective consent to such storage prior to the purpose for which it was collected or received being achieved or ceasing to exist; or (b) it is adduced for an evidentiary purpose in a legal proceeding; or (c) it is required to be stored for historical, statistical or research purposes under the provisions of an Act of Parliament: Provided that only such amount of personal data that is necessary to achieve the purpose of storage under this sub-section shall be stored and any personal data that is not required to be stored for such purpose shall be destroyed forthwith: Provided further that any personal data stored under this sub-section shall, to the extent possible, be anonymised. Processing of 10. (1) No person shall process any personal data that is not necessary for the personal data. achievement of the purpose for which it was collected or received. (2) Save as provided in sub-section (3), no personal data shall be processed for any purpose other than the purpose for which it was collected or received. (3) Notwithstanding anything contained in this section, any personal data may be processed for a purpose other than the purpose for which it was collected or received if the data subject grants their effective consent to such processing and only that amount of personal data that is necessary to achieve the other purpose is processed. (4) Notwithstanding anything contained in this section, any personal data may be processed for a purpose other than the purpose for which it was collected or received if — (a) the data subject grants his/her effective consent to the processing and only that amount of personal data that is necessary to achieve the other purpose is processed; (b) it is necessary to perform a contractual duty to the data subject;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 129 (c) it is necessary to prevent a reasonable threat to security of the State or public order; or (d) it is necessary to prevent, investigate or prosecute a cognisable offence. 11. (1) No person shall collect, receive, store, process or otherwise handle any personal Security of data without implementing measures, including, but not restricted to, technological, physical personal data and duty of and administrative measures, adequate to secure its confidentiality, secrecy, integrity and confidentiality. safety, including from theft, loss, damage or destruction. (2) Any person who collects, receives, stores, processes or otherwise handles any personal data shall be subject to a duty of confidentiality and secrecy in respect of it. (3) The data controllers and data processors shall be subject to a duty of confidentiality and secrecy in respect of personal data in their possession or control. (4) Without prejudice to the provisions of this section, any person who collects, receives, stores, processes or otherwise handles any personal data shall, if its confidentiality, secrecy, integrity or safety is violated by theft, loss, negligence, damage or destruction, or as a result of any collection, processing or disclosure contrary to the provisions of this Act, or for any other reason whatsoever, as soon as he or she becomes aware of such violation, notify the person to whom it pertains, the Privacy Commission and any other agencies whom the Central Government notifies for this purpose, in such form and manner as may be prescribed, forthwith. Further, any persons, who collects, receives, stores, processes, or otherwise handles any personal data shall report all breaches of provisions of this Chapter III to the Privacy Commission, that are brought to its notice, or are reasonably expected to be known to such persons. 12. (1) Subject to the provisions of this section, personal data that has been collected Transfer of in conformity with this Act may be transferred by a data controller for to a data processor, personal data for processing. whether located in India or otherwise, if the transfer is pursuant to an agreement that explicitly binds the data processor to same or stronger measures in respect of the storage, processing, destruction, disclosure and other handling of the personal data as are contained in this Act. (2) No data processor shall process any personal data transferred under this section except to achieve the purpose for which it was collected. (3) A data controller that transfers personal data under this section shall remain liable to the data subject for the actions of the data processor. 13. (1) Save as provided in this section, no person shall disclose, or otherwise cause Disclosure of any other person to receive, the content or nature of any personal data, including any other personal data. details in respect thereof, except to the person to whom it pertains. (2) No person shall disclose any personal data without obtaining the prior effective consent of the data subject and such effective consent may be obtained in any manner, and through any medium, but shall not be obtained as a result of a threat, duress, denial of service or coercion. (3) For the purpose of sub-section (2), a person seeking to disclose any personal data shall, prior to its disclosure, inform the data subject of the following details in respect of their personal data, namely:— (a) when it shall be disclosed; (b) the purpose of its disclosure; (c) the security practices and other safeguards, if any, to which it shall be subject to; (d) the privacy policies and other policies, if any, that shall protect it; and (e) the procedure for recourse in case of any grievance in relation to it.130 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (4) Notwithstanding anything contained in this section, any person who collects, receives, stores, processes or otherwise handles any personal data may disclose it to a person other than the data subject, whether located in India or otherwise, for the purpose only of processing it to achieve the purpose for which it was collected if such a disclosure is pursuant to an agreement that explicitly binds the person receiving it to same or stronger measures in respect of its storage, processing, destruction, disclosure or other handling as are contained in this Act. Quality and 14. (1) Any person who collects, receives, stores, processes or otherwise handles any accuracy of personal data shall, to the extent possible, ensure that it is accurate and, where necessary, is personal data. kept up to date. (2) No person who collects, receives, stores, processes or otherwise handles any personal data shall deny, to the data subject, the opportunity to review and obtain a copy of such data and, where necessary, rectify anything that is inaccurate or not up to date. (3) Any person to whom any personal data collected, received, stored, processed or otherwise handled under this Act pertains may, if it is not necessary to achieve the purpose of its collection, reception, storage, processing or other handling, demand its destruction, and the person so collecting, receiving, storing, processing or otherwise handling that personal data shall destroy it forthwith. Special 15. Notwithstanding anything contained in this Act and the provisions of any other provisions for law for the time being in force— sensitive personal data. (a) no person shall collect sensitive personal data without explicit effective consent from the data subject; (b) no person shall store sensitive personal data for a period longer than is necessary to achieve the purpose for which it was collected or received, or, if that purpose has been achieved or ceases to exist for any reason, for any period following such achievement or cessation; (c) no person shall process sensitive personal data for a purpose other than the purpose for which it was collected or received; and (d) no person shall disclose sensitive personal data to another person, or otherwise cause any other person to come into the knowledge or possession of, the content or nature of any sensitive personal data, including any other details in respect thereof, except the data subject. Special 16. (1) Notwithstanding anything contained in this Act, the provisions of sections 6, provisions for 7, 8, sub-section (4) of section 10 and section 11 shall not apply in respect of an intelligence intelligence organisation. organisations. (2) Any intelligence organisation seeking to collect any personal data shall prefer an application, in such form and manner as may be prescribed, to the Chief Privacy Commissioner or any other person authorised by him in this behalf. (3) The Chief Privacy Commissioner, or any other person authorised by him in this behalf, may, if he is satisfied that the collection of the personal data is necessary to prevent a reasonable threat to security of the State or public order, or prevent, investigate or prosecute a cognisable offence, order the collection of the personal data by recording reasons in writing within a period of fourteen days from the receipt of an application under sub-section (2). (4) Notwithstanding anything contained in sub-section (2) and sub-section (3), if the Central Government is satisfied that a serious threat to the security of the State or public order exists, it may, for reasons to be recorded in writing, which shall include the reason for not getting an order under sub-section (3), order the collection of any personal data.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 131 (5) Before the expiry of a period of seven days from the date of an order for collection of personal data made under sub-section (4), the intelligence organisation that collected the personal data shall notify the Chief Privacy Commissioner of the fact of such collection, the name and address of the person to whom the personal data pertains and shall furnish a copy of the order of the Central Government authorising the collection of the personal data. (6) No intelligence organisation shall process or store any personal data without implementing measures to secure that the number of persons within that intelligence organisation to whom it is made available, and the extent to which it is copied, is limited to the minimum that is necessary to fulfil the purpose for which it is processed or stored, as the case may be. (7) Any intelligence organisation that processes or stores personal data shall, before the expiry of a period of seven days from the date of the processing or storage, as the case may be, notify the Chief Privacy Commissioner of the fact of such processing or storage and the name and address of the person to whom the personal data pertains. (8) Any intelligence organisation that processes or stores personal data shall have to comply with the provisions of section 10 with respect to such data. CHAPTER IV INTERCEPTION OF COMMUNICATIONS 17. (1) Notwithstanding anything contained in any other law for the time being in Bar against force, but save as provided in this chapter, no person shall intercept, or cause to be intercepted, interception any communication of another person save in pursuance of an order by the Chief Privacy of communications. Commissioner or any other person authorised by him in this behalf. (2) No interception of any communication shall be ordered or carried out that is not necessary to achieve the purpose for which the interception is sought. 18. (1) Any authorised officer seeking to intercept any communication of another Prior person shall prefer an application, in such form and manner as may be prescribed, to the authorisation Chief Privacy Commissioner or any other person authorised by him in this behalf. by the Chief Privacy (2) The Chief Privacy Commissioner, or any other person authorised by him in this Commissioner. behalf, may, if he is satisfied that the interception is necessary to prevent a reasonable threat to security of the state or public order, or prevent, investigate or prosecute a cognizable offence, order the interception of communications by recording reasons in writing within a period of fourteen days from the receipt of an application under sub-section (1). (3) The Chief Privacy Commissioner, or any other person authorised by him in this behalf, shall prior to issuing an order for interception of any communication, satisfy himself that all other lawful means to acquire the information sought to be intercepted have been exhausted and that the proposed interception is reasonable, proportionate and not excessive. (4) Any interception of any communication ordered, authorised or carried out prior to the commencement of this Act shall, immediately upon the constitution of the Privacy Commission, be reported to the Chief Privacy Commissioner. 19. (1) Notwithstanding anything contained in section 17, if the Home Secretary of the Authorisation appropriate government is satisfied that an imminent serious threat to the security of the by Home State or public order exists, he may, for reasons to be recorded in writing, order the interception Secretary in emergent of any communication. circumstances. (2) No order for interception of any communication made under this section shall be valid upon the expiry of a period of seven days from the date of the order. (3) Before the expiry of a period of seven days from the date of an order for interception made under this section, the person who carried out the interception of communication shall notify the Chief Privacy Commissioner of the fact of such interception, the name and address of the person whose communication is being intercepted, and the duration of the interception132 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— and, furthermore, shall furnish a copy of the order of the Home Secretary authorising the interception. Duration of 20. (1) An order for interception of any communication shall specify the period of its interception. validity and, upon the expiry of the validity of the order, all interception carried out in relation to that order shall cease forthwith: Provided that no order for interception of any communication shall be valid upon the expiry of a period of sixty days from the date of such order. (2) The Chief Privacy Commissioner, or any other person authorised by him in this behalf, may, upon receipt of an application from an authorised officer in such form and manner as may be prescribed, renew any order for interception of any communication if he is satisfied that the conditions upon which the original order was issued continue to exist. Duty to 21. (1) Subject to sub-section (2), before the expiry of a period of sixty days from the inform the conclusion of any interception of communication ordered or carried out under this Act, the person authorised officer who carried out the interception of communication shall, in writing in such concerned. form and manner as may be prescribed, notify, with reference to the relevant order of the Chief Privacy Commissioner, each person whose communication was intercepted of the fact of such interception and duration thereof. (2) The Chief Privacy Commissioner may, on an application made by an authorised officer in such form and manner as may be prescribed, if he is satisfied that the notification under sub-section (1) may reasonably present a reasonable threat to the security of the state or public order, or adversely affect the prevention, investigation or prosecution of a cognizable offence, for reasons to be recorded in writing addressed to the authorised officer, order that the person whose communication was intercepted not be notified of the fact of such interception or the duration thereof: Provided any orders passed preventing disclosure of interception under section (2) shall not operate in infinity and shall record reasons in writing with the period till when the reasonable threat is anticipated to extend, on whose cessation the duty to inform under sub-section (1) shall operate. Security and 22. (1) No person shall intercept any communication of another person without duty of implementing measures, including, but not restricted to, technological, physical and confidentiality administrative measures, to secure the confidentiality and secrecy of all information obtained and secrecy. as a result of an interception of communication, including from theft, negligence, loss or unauthorised disclosure. (2) Any person who carries out any interception of any communication, or who obtains any information, including personal data, as a result of an interception of communication, shall be subject to a duty of confidentiality and secrecy in respect of it. (3) Every competent organisation shall, before the expiry of a period of one hundred days from the date of enactment of this Act, designate as many officers as it deems fit as Privacy Officers who shall be administratively responsible for administration of all interceptions of communications carried out by that competent organisation. Disclosure of 23. (1) Save as provided in this section, no person shall disclose to any other person, intercepted or otherwise cause any other person to come into the knowledge or possession of, the communications. content or nature of any information, including personal data, obtained as a result of an interception of any communication including the fact that the interception of communication was carried out. (2) Notwithstanding anything contained in this section, if the disclosure of any information, including personal data, obtained as a result of an interception of any communication is necessary to prevent a reasonable threat to the security of the state or public order, or prevent, investigate or prosecute a cognizable offence, an authorised officer may disclose the information, including personal data, obtained as a result of theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 133 interception of any communication to any authorised officer of any other competent organization: Provided that no authorised officer shall disclose any information, including personal data, obtained as a result of the interception of any communication that is not necessary to achieve the purpose for which the disclosure is sought. 24. (1) Subject to sub-section (2), no person shall store any information, including Storage of personal data, obtained as a result of an interception of any communication for a period intercepted communications. longer than one hundred and eighty days from the date on which the last order for interception of the communication to which the obtained information pertains expired. (2) The Chief Privacy Commissioner may, on an application made in such form and manner as may be prescribed, if he is satisfied that it is necessary to prevent a reasonable threat to the security of the state or public order, or to prevent, investigate or prosecute a cognizable offence, for reasons to be recorded in writing, order that any information, including personal data, obtained as a result of an interception of any communication may be stored for a period longer than one hundred and eighty days from the date on which the last order for interception of the communication to which the obtained information pertains expired. (3) Any data obtained as a result of interception of any communication shall be stored in a manner that complies with the provisions of section 9 with respect to such data. CHAPTER V SURVEILLANCE 25. Notwithstanding anything contained in any other law for the time being in force, Bar against but save as provided in this chapter, no person shall order or carry out, or cause or assist the surveillance. ordering or carrying out of, any surveillance of another person: Provided that there shall be an absolute bar to the subjection of persons to indiscriminate monitoring through any methods of mass or bulk surveillance given that it is neither necessary or proportionate to any stated purpose including but not limited to the security of state, interests of public order or to prevent, investigate or prosecute a commission of a cognizable offence. 26. (1) No member of a police force, armed force, intelligence organisation, public Surveillance authority or the State shall order or carry out, or cause to be ordered or carried out, any by the State. surveillance of another person save in pursuance of an order by the Chief Privacy Commissioner or any other person authorised by him in this behalf. (2) No surveillance shall be ordered or carried out that is not necessary to achieve the purpose for which the surveillance is sought. (3) Any authorised officer seeking to carry out any surveillance of another person shall prefer an application, in such form and manner as may be prescribed, to the Chief Privacy Commissioner or any other person authorised by him in this behalf. (4) The Chief Privacy Commissioner, or any other person authorised by him this behalf, may, if he is satisfied that the surveillance is necessary to prevent a reasonable threat to the security of the state or public order, or to prevent, investigate or prosecute a cognizable offence, for reasons to be recorded in writing addressed to the authorised officer, order the surveillance. (5) Prior to issuing an order for surveillance, the Chief Privacy Commissioner, or any other person authorised by him in this behalf, shall satisfy himself that all other lawful means to acquire the information sought to be obtained as a result of the proposed surveillance have been exhausted and that the proposed surveillance is reasonable, proportionate and not excessive.134 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Surveillance 27. (1) Notwithstanding anything contained in any other law for the time being in by private force, and without prejudice to the provisions of section 25, no person who is not a member persons or of a police force, armed force, intelligence organisation, public authority or the State shall entities. carry out, or cause to be carried out, any surveillance in any public place or in any property or premises that is not in his possession. (2) Without prejudice to sub-section (1), any person who carries out any surveillance under this section shall be subject to a duty to inform, in such manner as may be prescribed, members of the public of such surveillance. Duration of 28. (1) An order for surveillance shall specify the period of its validity and, upon the surveillance. expiry of the validity of the order, all surveillance carried out in relation to that order shall cease forthwith: Provided that no order for surveillance shall be valid upon the expiry of a period of sixty days from the date of the order. (2) The Chief Privacy Commissioner, or any other person authorised by him in this behalf, may, upon receipt of an application from an authorised officer in such form and manner as may be prescribed, renew any order for surveillance if he is satisfied that the conditions upon which the original order was issued continue to exist. Duty to 29. (1) Subject to sub-section (2), before the expiry of a period of sixty days from the inform the conclusion of any surveillance ordered or carried out under this Act, the authorised officer person who carried out the surveillance shall, in writing in such form and manner as may be prescribed, concerned. notify, with reference to the relevant order of the Chief Privacy Commissioner, each person in respect of whom surveillance was carried out of the fact of such surveillance and duration thereof. (2) The Chief Privacy Commissioner may, on an application made by an authorised officer in such form and manner as may be prescribed, if he is satisfied that the notification under sub-section (1) may present a reasonable threat to the security of the State or public order, or adversely affect the prevention, investigation or prosecution of a cognizable offence, for reasons to be recorded in writing addressed to the authorised officer, order that the person not be notified of the fact of such surveillance or the duration thereof: Provided that any order passed which prevent disclosure of surveillance under Sub-section (2) shall not operate in infinity and the Chief Privacy Commissioner shall record reasons in writing with the period till when the reasonable threat is anticipated to extend, on whose cessation the duty to inform under sub-section (1) shall operate. Security and 30. (1) No person shall carry out any surveillance of another person without duty of implementing measures, including, but not restricted to, technological, physical and confidentiality administrative measures, to secure the confidentiality and secrecy of all information obtained and secrecy. as a result of surveillance, including from theft, loss or unauthorised disclosure. (2) Any person who carries out any surveillance, or who obtains any information, including personal data, as a result of surveillance, shall be subject to a duty of confidentiality and secrecy in respect of it. (3) Every police force, armed force, intelligence organisation, public authority or State shall, before the expiry of a period of one hundred days from the enactment of this Act, designate as many officers as it deems fit as Privacy Officers who shall be administratively responsible for all surveillance carried out: Provided that a public authority that does not order or carry out surveillance shall not be required to designate any Privacy Officers under this sub-section. (4) Every person who is not a member of a police force, armed force, intelligence organisation, public authority or State and who seeks to carry out any surveillance shall, at least seven days before the surveillance is first carried out, designate or appoint as manySEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 135 persons as it deems fit as Privacy Officers who shall be responsible for all surveillance carried out: Provided that where surveillance is carried out by a single person, that person shall be deemed to be a Privacy Officer. 31. (1) Save as provided in this section, no person shall disclose to any other person, Disclosure of or otherwise cause any other person to come into the knowledge or possession of, the surveillance. content or nature of any information, including personal data, obtained as a result of any surveillance including the fact that the surveillance was carried out. (2) Notwithstanding anything contained in this section, if the disclosure of any information, including personal data, obtained as a result of surveillance is necessary to prevent a reasonable threat to the security of the State or public order, or prevent, investigate or prosecute a cognizable offence, that information, including personal data, obtained as a result of surveillance may be disclosed to a police force, armed force, intelligence organisation, public authority or State only: Provided that no person shall disclose any information, including personal data, obtained as a result of surveillance that is not necessary to achieve the purpose for which the disclosure is sought. 32. (1) Subject to sub-section (2), no person shall store any information, including Storage of personal data, obtained as a result of surveillance for a period longer than one hundred and surveillance data. eighty days from the date on which the surveillance to which the obtained information pertains ceased. (2) The Chief Privacy Commissioner may, on an application made in such form and manner as may be prescribed, if he is satisfied that it is necessary to prevent a reasonable threat to the security of the state or public order, or to prevent, investigate or prosecute a cognizable offence, for reasons to be recorded in writing, order that any information, including personal data, obtained as a result of surveillance may be stored for a period longer than one hundred and eighty days from the date on which the last order for surveillance to which the obtained information pertains expired. (3) Any data obtained as a result of surveillance shall be stored in a manner that complies with the provisions of section 9 with respect to such data. CHAPTER VI THE PRIVACY COMMISSION 33. (1) The Central Government shall, by notification, constitute, with effect from such Constitution date as may be specified therein, a body to be called the Privacy Commission consisting of of the Privacy a Chief Privacy Commissioner and not more than six other Privacy Commissioners, to be Commission. appointed by the President, by warrant under its hand and seal, to exercise the jurisdiction and powers and discharge the functions and duties conferred or imposed upon them by or under this Act. (2) The Chief Privacy Commissioner shall be a person who has been a Judge of the Supreme Court of India. (3) One Privacy Commissioner shall be a person who is or has been a Judge of a High Court. (4) One Privacy Commissioner shall be a person of ability, integrity and standing who has a special knowledge of, and professional experience of not less than ten years in privacy law and policy. (5) The other Privacy Commissioners shall be persons with technical expertise and knowledge in the fields of data collection and storage practices, or data protection and ethics, or big data analytics and technologies or information technology while one Privacy136 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Commissioner should be an ordinary citizen representing the interests of the public who are consumers of data. (6) The headquarters of the Privacy Commission shall be at New Delhi: Provided that the Central Government shall, in consultation with the Chief Privacy Commissioners may establish its offices at such other places as it deems fit. (7) The office of the Privacy Commission shall be a body corporate by the name of aforesaid, autonomous, independent, and free from external interference and shall by the said name, sue or be sued. (8)The office of the Privacy Commission shall be provided with sufficient operational resources including human, technical, and financial for the effective discharge of its duties and exercise of its powers: Provided that such powers shall be subject to audit by the Comptroller and Auditor General of India. (9) The Central Government shall issue a public advertisement inviting applications to fill all vacancies in the Privacy Commission. (10) For the purpose of filling vacancies under sub-section (8) the Privacy Commissioner shall constitute a selection committee which shall consist of the Chief Justice of India, the Law Minister, the Leader of the Opposition from the House of the People or of the single largest Opposition party being one with the greatest numerical strength in the House of the People, one eminent person representing the private sector and one eminent person representing the civil society to be nominated by the Central Government in such manner as may be prescribed. (11) Every proceeding of the selection committee shall constitute as a public record. Explanation.—For the purpose of this section, the term “Civil Society” shall mean the aggregate of non-Governmental and non-profit organisations that perform activities for the general upliftment and interests of the people in the field of privacy and is independent of government funding, interference or influence. Term of 34. (1) The President shall before appointing any person as the Chief Privacy office, Commissioner or Privacy Commissioner, as the case may be, satisfy himself that the person conditions of does not, and shall not, have any such financial or other interest as is likely to affect service, etc. of Chief Privacy prejudicially their functions as such Chief Privacy Commissioner or Privacy Commissioner Commissioner as the case may be. and Privacy Commissioners. (2) The Chief Privacy Commissioner and every Privacy Commissioner shall hold office for such period, not exceeding five years, as may be specified by the President in the order of his appointment and be eligible for reappointment: Provided that no person shall hold office as the Chief Privacy Commissioner or Privacy Commissioner for more than two terms; Provided further that no person shall hold office as the Chief Privacy Commissioner or Privacy Commissioner after they have attained the age of seventy-five years. (3) Notwithstanding anything contained in sub-section (2), the Chief Privacy Commissioner or any Privacy Commissioner may— (a) by writing under his hand and addressed to the President resign his office at any time; or (b) be removed from office in accordance with the provisions of section 35. (4) A vacancy caused by the resignation or removal of the Chief Privacy Commissioner or Privacy Commissioner under sub-section (3) shall be filled by fresh appointment.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 137 (5) In the event of the occurrence of a vacancy in the office of the Chief Privacy Commissioner, the President may, by notification, authorise in his behalf, one of the Privacy Commissioners as the Chief Privacy Commissioner till the date on which a new Chief Privacy Commissioner, appointed in accordance with the provisions of this Act, enters upon his office. (6) When the Chief Privacy Commissioner is unable to discharge his functions owing to absence, illness or any other cause, such one of the Privacy Commissioners as the Chief Privacy Commissioner may authorise in writing in this behalf shall discharge the functions of the Chief Privacy Commissioner, till the date on which the Chief Privacy Commissioner resumes his duties. (7) The salaries and allowances payable to and the other terms and conditions of service of the Chief Privacy Commissioner and Privacy Commissioners shall be such as may be prescribed: Provided that neither the salary and allowances nor the other terms and conditions of service of the Chief Privacy Commissioner and any Privacy Commissioner shall be varied to their disadvantage after their appointment. (8) The Chief Privacy Commissioner and Privacy Commissioners ceasing to hold office as such shall not hold any appointment under the Government of India or under the Government of any State for a period of five years from the date on which they cease to hold such office. 35. (1) The President may remove from office the Chief Privacy Commissioner or any Removal of Privacy Commissioner, who — Chief Privacy Commissioner (a) is adjudged an insolvent; or and Privacy Commissioners (b) engages during his term of office in any paid employment outside the duties from office in of his office; or certain circumstances. (c) is unfit to continue in office by reason of infirmity of mind or body; or (d) is of unsound mind and stands so declared by a competent court; or (e) is convicted for an offence which in the opinion of the President involves moral turpitude; or (f) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Chief Privacy Commissioner or Privacy Commissioner, or cause some conflict of interest including benefits directly or indirectly to relatives or family members; or (g) has so abused his position as to render his continuance in offence prejudicial to the public interest. (2) Notwithstanding anything contained in sub-section (1), neither the Chief Privacy Commissioner nor any Privacy Commissioner shall be removed from his office on the ground specified in clause (f) or clause (g) of that sub-section unless the Supreme Court on a reference being made to it in this behalf by the President, has on an inquiry held by it in accordance with such procedure as it may specify in this behalf, reported that the Chief Privacy Commissioner or Privacy Commissioner ought, on such grounds, to be removed. 36. (1) The Privacy Commission may, through decisions arrived at by a simple majority Functions of of its members present and voting as set out in Section 44(1) of this Act, authorise, review, the Privacy investigate, make an inquiry, and/or monitor, suo moto or on a petition presented to it by any Commission. person or by someone acting on his behalf, the implementation and application of this Act and give such directions or pass such orders as are necessary for reasons to be recorded in writing.138 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) Without prejudice to the generality of the foregoing provision, the Privacy Commission shall perform all or any of the following functions, namely— (a) review the safeguards provided under this Act and under other laws for the time being in force for the protection of personal data and recommend measures for their effective implementation or amendment, as may be necessary from time to time; (b) authorise, review, investigate, make an inquiry, and/or monitor any measures taken by any competent organisation, police force, armed force, intelligence organisation, public authority, company, person or other entity for the protection of privacy and take such further action is it deems fit; (c) authorise, review, investigate, make an inquiry, and/or monitor any action, code, certification, policy or procedure of any competent organisation, police force, armed force, intelligence organisation, public authority, company, person or other entity to ensure compliance with this Act and any rules made hereunder; (d) Investigate and direct data controllers and processors to do or cease to do any act in order to address activity which is in contravention of the provisions of this Act; (e) formulate through public consultation with experts, other stakeholders, and the general public, norms for the effective protection of privacy by competent organisations, police forces, armed forces, intelligence organisations, public authorities, companies, persons or other entities; (f) promote awareness and knowledge of personal data protection through any means necessary and to all stakeholders including providing information to any data subject regarding their rights under this Act as requested; (g) undertake and promote research in the field of protection of personal data and privacy; (h) encourage the efforts of non-governmental organisations and institutions working in the field of personal data protection and privacy; (i) publish periodic reports concerning the incidence of compliance including violations of this Act and data breaches as reported under sub-section (4) of section 11 of this Act, collection, processing, storage, disclosure and other handling of personal data, interception of communications and surveillance; (j) hear and decide applications for interception and surveillance under Chapters IV and V of this Act; (k) exercise its powers under section 28, to ensure the speedy and efficient redressal of all complaints whose cause of action arises from this Act; and (l) such other functions as it may consider necessary for the protection of privacy, personal data, and enforcement of this Act. (3) The Periodic Reports published by the Privacy Commission, stipulated in sub-section (2) of section 36, shall be tabled by the Central Government before the House of the People during the Parliamentary Session that succeeds the publication of such Periodic Report. (4) The Chief Privacy Commissioner and the Privacy Commissioners shall appear before an ad hoc Committee, constituted by the Speaker of the House of the People and comprising of members from both the governing and the opposition parties from both houses of Parliament to be nominated by presiding officers of the House concerned, on an annual basis, in such manner as may be prescribed which shall,— (i) review the functioning of the Privacy Commission, and may ask the Chief Privacy Commissioner and the Privacy Commissioners any questions in this regard; andSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 139 (ii) present periodic reports to both houses of Parliament in such manner as may be prescribed. (5) Subject to the provisions of any rules prescribed in this behalf by the Central Government, the Privacy Commission shall have the power to review any decision, judgement, decree or order made by it. (6) In the exercise of its functions under this Act, the Privacy Commission shall give such directions or pass such orders as are necessary for reasons to be recorded in writing. 37. (1) The Central Government shall appoint a Secretary to the Privacy Commission to Secretary, exercise and perform, under the control of the Chief Privacy Commissioner such powers and officers and duties as may be prescribed. other employees of (2) The Central Government may provide the Privacy Commission with such other the Privacy Commission. officers and employees as may be necessary for the efficient performance of the functions of the Privacy Commission. (3) The salaries and allowances payable to and the conditions of service of the Secretary and other officers and employees of the Privacy Commission shall be such as may be prescribed. 38. No act or proceedings of the Privacy Commission shall be questioned on the Vacancies, etc. ground merely of the existence of any vacancy or defect in the constitution of the Privacy not to invalidate Commission or any defect in the appointment of a person acting as the Chief Privacy proceedings of Commissioner or Privacy Commissioner. the Privacy Commission. 39. The Chief Privacy Commissioner and Privacy Commissioners and other employees Chief Privacy of the Privacy Commission shall be deemed to be a public servant within the meaning of Commissioner, section 21 of the Indian Penal Code, 1860. Privacy Commissioners and employees of the Privacy Commission to be public servants. 40. (1) Subject to the provisions of this Act, the Privacy Commission shall have Procedure to powers to regulate — be followed by the Privacy (a) the procedure and conduct of its business; and Commission. (b) the delegation to one or more Privacy Commissioners of such powers or functions as the Chief Privacy Commissioner may specify. (2) In particular and without prejudice to the generality of the foregoing provisions, the powers of the Privacy Commission shall include the power to determine the extent to which persons interested or claiming to be interested in the subject-matter of any proceeding before it may be allowed to be present or to be heard, either by themselves or by their representatives or to cross-examine witnesses or otherwise take part in the proceedings: Provided that any such procedure as may be prescribed or followed shall be guided by the principles of natural justice. 41. (1) The Privacy Commission shall, for the purposes of any inquiry or for any other Power relating purpose under this Act, have the same powers as are vested in a civil court under the Code to inquiries. of Civil Procedure, 1908, while trying suits in respect of the following matters, namely— (a) the summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) the discovery and production of any document or other material object producible as evidence;140 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) the reception of evidence on affidavit; (d) the requisitioning of any public record from any court or office; (e) the issuing of any commission for the examination of witnesses; and (f) any other matter which may be prescribed. (2) The Privacy Commission shall have power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Privacy Commission, may be useful for, or relevant to, the subject matter of an inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of sections 176 and 177 of the Indian Penal Code, 1860. (3) The Privacy Commission or any Gazetted Officer, specially authorised in this behalf by the Privacy Commission may enter any building or place where the Privacy Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973, in so far as it may be applicable. (4) The Privacy Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code, 1860 is committed in the view or presence of the Privacy Commission, the Privacy Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973. Decisions of 42. (1) The decisions of the Privacy Commission shall be taken by majority of the the Privacy member present and voting and be binding and enforceable as a decree of a court as per the Commission. provisions of the Code of Civil Procedure, 1908. (2) In its decisions, the Privacy Commission shall have the power to— (a) require a competent organisation, police force, armed force, intelligence organisation, public authority, company, person or other entity to take such steps as may be necessary to secure compliance with the provisions of this Act; (b) require a competent organisation, police force, armed force, intelligence organisation, public authority, company, person or other entity to compensate any person for any loss or detriment suffered; and (c) impose any of the penalties provided under this Act. Proceedings 43. The Privacy Commission shall be deemed to be a civil court for the purposes of before the section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973, and every proceeding Privacy before the Privacy Commission shall be deemed to be a judicial proceeding within the meaning Commission of section 193 and section 228 and for the purposes of section 196 of the Indian Penal to be judicial proceedings. Code, 1860. Appeal. 44. No order passed under this Act shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the Privacy Commission is empowered by, or under, this Act to determine and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act. Jurisdiction. 45. On and from the appointed day, no court or authority shall have, or be entitled to exercise, any jurisdiction, powers or authority, except the Supreme Court and a High Court exercising powers under articles 32, 226 and 227 of the Constitution, in relation to matters over which the Privacy Commission has jurisdiction.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 141 CHAPTER VII REGULATION BY DATA CONTROLLERS AND DATA PROCESSORS 46. (1) Without prejudice to the provisions of clause (d) of sub-section (2) of section Co-regulation 36, the Privacy Commission may, after a public consultation, formulate codes of conduct for by Data Controllers the collection, storage, processing, disclosure or other handling of any personal data. and the Privacy (2) No code of conduct formulated under sub-section (1) shall be binding on a data Commission. controller unless— (a) it has received the written approval of the Chief Privacy Commissioner and at least two Privacy Commissioners; and (b) it has received the approval, by signature of a director or authorised signatory, of the data controller. 47. (1) The Privacy Commission may encourage data controllers and data processors Self-regulation to formulate professional codes of conduct to establish rules for the collection, storage, by data processing, disclosure or other handling of any personal data. controllers. (2) No code of conduct formulated under sub-section (1) shall be effective unless it is registered, in such form and manner as may be prescribed, by the Privacy Commission. (3) The Privacy Commission shall, for reasons to be recorded in writing, not register any code of conduct formulated under sub-section (1) that is not adequate to protect personal data. 48. Any code of conduct formulated under this chapter shall be without prejudice to Co-regulation the jurisdiction, powers and functions of the Privacy Commission. and Self- regulation without CHAPTER VIII prejudice to other OFFENCES AND PENALTIES remedies. 49. (1) Whoever, except in conformity with the provisions of this Act, collects, receives, Punishment stores, processes, discloses or otherwise handles anypersonal data shall be liable to fine for offences which may extend to one crore rupees: related to personal data. Provided that if the person commits the offence either intentionally, or with reckless disregard, he shall be liable for a term of imprisonment which may extend upto three years, and shall also be liable to fine. (2) Whoever, except in conformity with the provisions of this Act, collects, receives, stores, processes, discloses or otherwise handles any sensitive personal data shall be liable to fine which may extend upto ten crore rupees: Provided that if the person commits the offence either intentionally, or with reckless disregard, he shall be liable for a term of imprisonment which may extend upto five years and shall also be liable to fine. 50. Whoever, except in conformity with the provisions of this Act, intercepts, or Punishment causes the interception of, any communication of another person shall be liable to a fine for offences which may extend upto one crore rupees: related to interception of Provided that if the person commits the offence either intentionally, or with communication. reckless disregard, he shall be liable for a term of imprisonment extending upto three years, and shall also be liable to fine.142 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Punishment 51. Whoever, except in conformity with the provisions of this Act, orders or carries for offences out, or causes the ordering or carrying out, of any surveillance of another person shall be related to liable to a fine which may extend to ten crore rupees: surveillance. Provided that if the person commits the offence either intentionally, or with reckless disregard, shall be liable for a term of imprisonment extending upto five years, and shall also be liable to fine. Abetment and 52. Whoever abets any offence punishable under this Act shall, if the act abetted is repeat committed in consequence of the abetment, be punishable with the punishment provided for offenders. that offence. Offences by 53. (1) Where an offence under this Act has been committed by a company, every companies. person who, at the time of the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly. Cognizance. 54. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offences under this chapter shall be treated as cognizable and non-bailable. General 55. Whoever, in any case in which a penalty is not expressly provided by this Act, fails penalty. to comply with any notice or order issued under any provisions thereof, including an order of the Chief Privacy Commissioner or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to one crore rupees, and, in the case of a continuing failure or contravention, with an additional fine which may extend upto ten lakh rupees for every day after the first during which he has persisted in such failure or contravention. Punishment to 56. The award of punishment for an offence under this Act shall be without prejudice be without to any other action which has been or which may be taken under this Act with respect to prejudice to such contravention. any other action. CHAPTER IX MISCELLANEOUS Protection of 57. No suit or other legal proceeding shall lie against the Central Government, State action taken Government, Privacy Commission, Chief Privacy Commissioner, Privacy Commissioner or in good faith. any person acting under the direction either of the Central Government, State Government, Privacy Commission, Chief Privacy Commissioner or Privacy Commissioner in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or any order made thereunder. Power to 58. (1) If any difficulty arises in giving effect to the provisions of this Act, the remove Central Government may, by order, published in the Official Gazette, make such provisions, difficulties. not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of three years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 143 59. Subject to the provisions of the Schedule to this Act, the provisions of this Act Overriding shall have effect notwithstanding anything inconsistent therewith contained in any other effect. law for the time being in force. 60. (1) The Central Government may, by notification in the Official Gazette, make Power to rules to carry out the provisions of this Act. make rules. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the notification of theft, loss or damage under sub-section (4) of section 11; (b) the notification of disclosure under sub-section (4) of section 13; (c) the application by an intelligence organisation under sub-section (2) of section 15; (d) the application to intercept a communication under sub-section (1) of section 18; (e) the application to renew an interception of communication under sub-section (2) of section 20; (f) the notification of an interception of communication under sub-section (1) of section 21; (g) the application to not inform under sub-section (2) of section 21; (h) the application to store information obtained as a result of any interception of communication under sub-section (2) of section 24; (i) the application to carry out surveillance under sub-section (3) of section 26; (j) notification to the general public under sub-section (2) of section 27; (k) the application to renew surveillance under sub-section (2) of section 28; (l) the notification of surveillance under sub-section (1) of section 29; (m) the application to not inform under sub-section (2) of section 29; (n) the application to store information obtained as a result of surveillance under sub-section (2) of section 32; (o) salaries, allowances and other terms and conditions of service of the Chief Privacy Commissioner, Privacy Commissioners, Secretaries and other members, staff and employees of the Privacy Commission; (p) procedure to be followed by the Privacy Commission; (q) powers and duties of Secretaries, officers and other employees of the Privacy Commission; (r) the effective implementation of this Act. (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 period of thirty days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, 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.144 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— THE SCHEDULE 1. Statutes, provisions whereof, shall have to comply with the requirements of this Act— (a) Sections 43A, 69, 69B, 72 and 72A of the Information Technology Act, 2000. (b) Sections 28, 29, 30, 31, 32 and 33 of the AADHAAR (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016. (c) Section 5(2) of the Indian Telegraph Act, 1885. (d) Section 21 of the Prevention of Money Laundering Act, 2002 (e) The Census Act, 1948. 2. Statutes, provisions whereof shall not be required to comply with the provisions of this Act— (a) The Representation of the People Act, 1951. (b) The Right to Information Act, 2005.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 145 STATEMENT OF OBJECTS AND REASONS Our country is at the threshold of a new technological revolution, marrying welfare with programmes of digitization for the quick and effective delivery of Government services and benefits from various schemes. For this process, ranging from electronic banking to the transfer of subsidies, vast amounts of data are collected from our citizens, the integrity of which must be protected. This data can be used for seemingly innocuous purposes such as targeted advertising but also for provision of essential services such as ration, credit, insurance, and more, while unprotected and in the wrong hands, it could also cause damage to the interests of the individual. Beyond its commercial exploitation there is also an inherent equation of power when a person or entity possesses data and information concerning another individual or groups of individuals. Today, most such interactions are unregulated and put the users of internet and technological services at risk, and this risk will only grow with more and more digitization and as technological involvement in the delivery of services to citizens develops. Many concerns arise from the absence of a comprehensive data protection and privacy statute which provides rights to individuals in a data governed world. This has been recognized by past efforts of the Government of India notably by the Report of the Group of Experts on Privacy chaired by Justice A.P. Shah, Former Chief Justice, Delhi High Court. Drawing on the recommendations of this expert group, global best practices and also the unique factors that exist locally, this Data Privacy And Protection Bill aims to provide a comprehensive law to protect privacy and data collected from our citizens. This Bill puts a person in control of his/her own data and further permits them to make an informed choice concerning its use. The Bill further provides an industry friendly model of co-regulation that aims to foster a higher degree of certainty for the private sector. The concerns of Government are also sought to be addressed with a balanced provision for interception and access, making special provisions to safeguard the security of the State. The aims and objectives of the bill are sought to be implemented by an autonomous privacy commission. The Data Privacy and Protection Bill, 2017 aims to protect and promote our constitutional ideals in a networked, increasingly digitized society. Hence this Bill. NEW DELHI; SHASHI THAROOR November 6, 2019146 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 33 of this Bill provides for establishment of the Privacy Commission. It also provides for appointment of a Select Committee to fill vacancies in the Privacy Commission. Clause 34 provides for salaries and allowances payable to the Chief Privacy Commissioner and allowances or remuneration payable to the Privacy Commissioners. Clause 36 provides for constitution of an adhoc Committee to serve the functions of the Privacy Commission. Clause 37 provides for the appointment of a secretary, officers and other employees of the Privacy Commission. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees six hundred crore per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred and twenty five crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 60 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 147 BILL NO. 287 OF 2019 A Bill further to amend the Constitution of India BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title. 2. After article 26 of the Constitution, the following article shall be inserted, namely:— Insertion of new article 26A. 26A. (1) Notwithstanding anything contained in articles 25 and 26, the State shall not State not to administer, control or manage any institution, including its properties, established or administer, control or maintained for religious or charitable purposes by a religious denomination or any section manage any thereof. institution, including its (2) All laws in force in the territory of India, or any law stipulated hence, in so far as properties, they are inconsistent with the provisions of clause (1), shall, to the extent of such established or inconsistency, be void.". maintained for religious or charitable purposes by a religious denomination.148 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The right to religious freedom, persevered from article 25 to article 28 of the Indian Constitution, has served as a hallmark of India's status as a secular republic. However, despite this right being sacralized in the coveted text, India's Hindu community has, over the years, lost autonomous control over managing its temples and places of ritualistic worship. Several State Governments, through tailor-made versions of 'Hindu Religions and Charitable Endowments Act', have seized away, from the Hindu community, administrative and financial control over Hindu temples. On the other hand, presenting the more positive and ideal trend, other faiths that equally co-inhabit secular India have continued to rightfully exercise and celebrate their religious institutions. There is an imbalance prevalent in the rights to religious freedoms in practicality. State laws that produce a situation of State control over temples have also resulted in an increase in malpractices and mismanagement of temples. As a result, several hundred temples in India are in an overall disgruntled condition. It is pertinent to raise the question of the relevance of State Governments administering temples in a secular country. The Supreme Court, in the case of the Chidambaram (Nataraja) temple in 2014, has shown the same questionability concerning the legality or requirement of the State Governments on taking over temples and their management. The Court has reinstated the undeniable importance of article 26 of the Indian Constitution, which confers on the Indian citizens inalienable religious freedoms. It has been established that a state’s permanent observation of control over a religious institution would be tantamount to usurpation of the community's proprietary rights and violation of the fundamental rights guaranteed by the Constitution. Despite these proclamations, State control over temples has been on an upward trend. The temples of India are required to be restored to being managed by true devotees of the faith. The Bill, therefore, seeks to insert article 26A to the Constitution with a view to rework the fundamental rights to ensure that such a discrepancy is resolved by preventing the Governments from legislating over any matter that thwarts a religious community's control over their places of worship or their religious freedoms. The Bill, therefore, attempts to restore article 26 to its true intent and purpose. Hence this Bill. NEW DELHI; GAURAV GOGOI October 31, 2019SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 149 BILL NO. 336 OF 2019 A Bill further to amend the Air (Prevention and Control of Pollution) Act, 1981. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Air (Prevention and Control of Pollution) (Amendment) Short title, Act, 2019. extent and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.150 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 2. In section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter 14 of 1981. of section 5. referred to as the principal Act), in sub-section (2),— (i) for clause (a), the following clause shall be substituted, namely:— “(a) a full-time Chairman, being a person possessing special knowledge upon obtaining a degree of post-graduation in Environmental Sciences or Environmental Management or a degree of post-graduation in engineering or technology in environmental engineering or an equivalent degree or practical experience relating specifically to environmental protection while possessing a graduate degree in science related to subjects of Geology, Botany, Chemistry, or allied subjects or someone who has rendered remarkable and distinguished service to the cause of environment protection, to be nominated by the State Government.” (ii) for clause (f), the following clauses shall be substituted, namely:— “(f) a full-time member-Secretary, being a person possessing special knowledge or practical experience relating specifically to environmental protection, possessing a post-graduation degree in Engineering, Technology, Environmental Engineering, or allied Sciences where Pollution Control forms a component of the curriculum, with a demonstrated knowledge and experience in administering institutions dealing with matters of environment protection, and who has rendered remarkable and distinguished service to the cause of environment protection, to be nominated by the State Government; and “(fa) two persons to represent organisations or academicians or media representatives or distinguished personalities working for the improvement of the quality of air, or the prevention, control or abatement of air pollution to be nominated by the State Government;”. Amendment 3. In section 7 of the principal Act, in sub-section (5), for the words “shall be filled by of section 7. fresh nomination”, the words “shall be filled by fresh nomination made by the State Government in a period as early as practicable but not later than six months from the date of occurrence of such vacancy” shall be substituted. Insertion of 4. After section 10 of the principal Act, the following section shall be inserted, namely:— new section 10A. Central “10A. (1) The Central Government shall convene a joint, cross ministerial meeting on a Government half yearly basis to track progress, targets achieved, targets missed and new targets to be set to convene to prevent, control or abate air pollution in the country. meeting to prevent, (2) The meeting under sub-section (1) shall be convened at such time and place and control and shall observe such rules of procedure in regard to the transaction of business (including the abate air quorum at the meetings) as may be prescribed. pollution in the country. (3) The Union Minister of Environment, Forest and Climate Change shall preside as the Head at the meeting. (4) The meeting shall host mandatory participation from the Chairman and Member Secretaries of all State Boards as well as cross-ministerial participation and representation from all relevant ministries. (5) The Chairman of the Central Board shall convene and prepare, in such form and time after the meetings as prescribed, its half-yearly report, giving full account of the details of the meeting, points of coordination established, targets achieved, targets missed, new targets set, and an efficiency assessment and performance ranking of the State Boards, and submit a copy to the State Boards and State Governments. (6) Every report published under sub-section (4), complete in all its aspects, shall be made public on Central and State Board websites.”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 151 5. In section 16 of the principal Act, in sub-section (2),— Amendment of section 16. (i) for clause (c), the following clause shall be substituted, namely:— “(c) co-ordinate the activities of the State Board, resolve disputes among them, and facilitate active sharing of information between State Boards on issues relevant to their functioning, including best available technologies, emission standards, protocols and mechanisms for enforcement, and outcomes of enforcement actions and processes.” (ii) after clause (h), the following clause shall be inserted, namely:— “(ha) frame emission standards if there is reason to believe and data to provide evidence of new harmful pollutants exacerbating air pollution and inform concerned authorities regarding such evidence.”. 6. In section 17 of the principal Act, in sub-section (1), after clause (f), the following Amendment of clause shall be inserted, namely:— section 17. “(fa) to frame emission standards if there is reason to believe and data to provide evidence of new harmful pollutants exacerbating air pollution and inform concerned authorities regarding such evidence.”. 7. In section 21 of the principal Act, after sub-section (7), the following sub-sections Amendment of shall be inserted, namely:— section 21. “(7A) The State Board may require applicants under sub-section (2) of section 21 to submit a bank guarantee at the time of granting of consent which may be forfeited, in full or part, in case conditions included in the consent are not complied with, applicant continues to operate without renewal of consent, if environmental damage is caused by the applicant, or if directions issued under section 31A to the applicant are not complied with. (7B) The amount of bank guarantee to be submitted under sub-section (7A), and the process to be followed in case of forfeiture shall be prescribed by the State Governments in consultation with the State Boards. (7C) Every amount of collected from forfeiture of bank guarantee shall be used by the State Board for rehabilitation and restoration of damage caused by the applicant.”. 8. In section 22A of the principal Act, in sub-section (2), for the words, “such order as Amendment of it deems fit”, the words “such order as it deems fit in an expeditious manner” shall be section 22A. substituted. 9. In section 23 of the principal Act, after sub-section (2), the following sub-section Amendment of shall be inserted, namely:— section 23. “(2A) On receipt of information with respect to the fact or apprehension of any occurrence of the nature referred to in sub-section (1), the State Board shall ensure the issuing of public health advisories informing the concerned populace of such fact or apprehension and the preventive measures that may be taken thereto.”. 10. After section 23 of the principal Act, the following section shall be inserted, Insertion of namely:— new section 23A. “23A. Where the Central Board or a State Board has reason to believe that air quality Public Health has deteriorated exceptionally within a particular region or territory based on available data, Emergency. they may, if they find necessary, declare a public health emergency, wherein they may exercise the power to contain all such activities, industries, operations, that they consider to be incidental to aforementioned increase in air pollution, including but not limited to directions of closures for a specific period of time as prescribed.”. 11. In section 26 of the principal Act, after sub-äection (4), the following sub-section Amendment of shall be inserted, namely:— section 26.152 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— “(5) Notwithstanding anything stated in sub-section (2), the Central Government may prescribe any other source for data collection on emissions and the same shall be admissible as evidence in legal proceedings.”. Amendment of 12. In section 37 of the principal Act, in sub-section (1), for the words “six years and section 37. with fine” the words “six years and with fine, as well as an environmental compensation for the damage caused due to emissions of air pollutants in excess of prescribed standards” shall be substituted. Amendment of 13. In section 53 of the principal Act, in sub-section (1),— section 53. (i) after clause (a), the following clauses shall be inserted, namely:— “(aa) the timing, place, intervals, composition, procedure to be followed at such meetings, quorum necessary for the transaction of business and other matters incidental thereto under sub-section (1) of section 10A; (ab) the form in which the half-yearly report of the joint meeting may be prepared and published under sub-section (4) of section l0A; and (ii) after clause (e), the following clauses shall be inserted, namely:— “(ea) determining the use of any new technological development or method of extracting samples from industries, and the manner of such extraction thereto, that are admissible as evidence under the courts, as under sub-section (5) of section 26.” Amendment of 14. In section 54 of the principal Act, in sub-section (2)— section 54. (i) after clause (n), the following clause shall be inserted, namely:— “(na) the details of the bank-guarantee requirements, conditions of forfeiture or encashment, and all other matters incidental thereto, under sub- sections (7A), (7B) and (7C) of section 21; (nb) the time-period, procedure, industries or polluting agencies to be sent temporary closure notices, and overall region wherein such an emergency is to be declared under section 23A.”; and (ii) after clause (x), the following clause shall be inserted, namely:— “(xa) determining the nature such environmental compensation, the violations of provisions for which such a compensation needs to be made, and all other matters incidental thereto, under sub-section (1) of section 37.”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 153 STATEMENT OF OBJECTS AND REASONS An escalating rise in air-pollution has gripped most parts of the sub-continent, raising critical concerns about its impact on human health. Internationally acclaimed research has posited India as housing some of the most polluted cities in the world. The severe impacts of air pollution on human health are finally being recognized, in light of the insurmountable rise of respiratory diseases, reduced life expectancy, and even mortality. According to the World Health Organisation, as many as ninety eight per cent. children under five years of age in low and middle income countries like India are exposed to toxic air. As we face an impending health crisis, India’s pollution regulatory regime needs to work on an emergency mode to counter the ill-effects of pollution on human health and to prevent any further transgressions. While several programmes and policies exist to counter pollution, the lack of a legal mandate often makes these efforts lax in enforcement. This increases aims at re-energising and empowering the Pollution Control Boards under the Air Act, 1981. Over the years, the Pollution Control Boards have been unable to act as powerful watchdogs over industries and polluting agencies. These observations have especially been made by the Rajya Sabha’s 192nd Committee Report and National Green Tribunal order of 2016 that have questioned and deliberated over the functioning and composition of the Boards. This inefficiency has manifested itself because of certain provisions in the Act that are now dated in scope. The aim for this Bill is to align the Air Act with contemporary India and to make it more relevant in scope. This Bill attempts to refocus the mandate of the pollution control boards in India towards the detrimental health impacts of rising pollution. With a fresh vision, focused on alleviating the deleterious health impacts of rising pollution, the Bill strengthens the composition and functioning of the Pollution Control Boards. It also integrates the requirement for the Boards to proactively ensure that the public is aware of any impending public health emergency that arises as a result of increasing emissions. In circumstances of extreme pollution emissions, the Bill also empowers the State Boards to declare public health emergencies and temporarily halt all polluting activities within a region. Through provisions that require joint coordination between the State Boards and the Central Board through half- yearly meetings, the Bill also improves the coordination and communication between the two entities. By including several such changes in the existing Air Act, the legislation gives more teeth to the Pollution Control Boards in dispensing their duty as the first respondents for the menace of air pollution in India. Hence this Bill. NEW DELHI; GAURAV GOGOI November 1, 2019.154 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill vide proposed section 10A stipulates half-yearly joint meetings by the Central Government with the Central Board, the State Boards, and representation from Ministries to prevent, control and abate air pollution. It also provides for publishing reports of the meeting in the Central Board and State Boards on its websites. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. However, at this stage the recurring and non-recurring expenditure on this count cannot be estimated. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 4 of the Bill vide proposed section l0A stipulates half-yearly joint meetings by the Central Government with the Central Board, the State Boards, and representation from Ministries to prevent, control and abate air pollution in such manner as may be prescribed. Clause 10 vide proposed section 23A provides for declaration by the State Governments of public health emergency due to deteriorated air quality for such period as may be prescribed. Clause 14 provides that the State Government may make rules regarding the details of the bank-guarantee requirements, conditions of forfeiture or encashment for environmental damage by the industrial plants, etc. 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 155 BILL NO. 297 OF 2019 A Bill further to amend the Central Universities Act, 2009. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Central Universities (Amendment) Act, 2019. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.156 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Insertion of 2. After section 3D of the Central Universities Act, 2009 (hereinafter referred to as the 25 of 2009. new section principal Act), the following section shall be inserted, namely:— 3E. Establishment "3E. There shall be established a University, which shall be a body corporate, to of Central be known as the Central University of Maharashtra, having its territorial jurisdiction University of extending to the whole of the State of Maharashtra, as specified in the First Schedule Maharashtra. to this Act.". Amendment 3. In the First Schedule to the principal Act, after entry 12, the following entry shall be of the First inserted, namely:— Schedule. "12A. Maharashtra Central University of Whole of the Maharashtra State of Maharashtra."SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 157 STATEMENT OF OBJECTS AND REASONS India currently has forty-nine Central Universities out of which forty are centrally funded through University Grants Commission (UGC), under the purview of Ministry of Human Resource Development (MHRD) and another nine enjoy the autonomous status, directly funded by the Government of India (GoI). The enactment of the Central Universities Act, 2009 was done with the aim to establish and incorporate universities for teaching and research in various States. Currently there are sixteen Universities under this Act for different States but there is no university for the State of Maharashtra. The need is to establish a Central University of Maharashtra to encourage multi- disciplinary learning by promoting creative and critical thinking for holistic development and self-sustenance for the people of India. Establishment of such University will foster excellence in teaching, research and innovation in pure and applied areas of learning. The establishment of a University in Maharashtra shall be meaningful addition to the existing educational institutions. Maharashtra is known across the world for its educational institutions like IIT, GLC, Armed Forces Medical College, IHM and several colleges of international repute. As the Central Universities are funded it will assist in promoting innovations in teaching- learning process and inter-disciplinary studies and research. The establishment of a Central University will also generate direct and indirect employment and will be helpful in educating and training manpower for the development of the Country. The Central Universities are autonomous and have access to several resources which enable them be centers of excellence and work towards the improvement of the social and economic conditions and welfare of the people, their intellectual, academic and cultural development. A Central University as proposed in the State of Maharashtra will increase access to higher education and set exemplary standards for other universities to emulate and will help in minimizing the regional imbalances in educational facilities. The State of Maharashtra being one of the most developed States of India and also an educational hub has been devoid of a Central University and this Act shall be a right direction in achieving that goal in order to provide better opportunities of learning and research in higher education through a full-fledged university which will not only provide education but also aid in creating human capital. The Bill, therefore, seeks to amend the Central Universities Act, 2009 with a view to provide for the establishment of a Central University in the State of Maharashtra. Hence this Bill. NEW DELHI; SUJAY RADHAKRISHNA VIKHE PATIL November 6, 2019.158 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill seeks to insert the new section 3E in the Central Universities Act, 2009 so that a new Central University, namely "Central University of Maharashtra" can be established which shall be the body corporate, whose jurisdiction extends to whole of the State of Maharashtra. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. At this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the Consolidated Fund of India, if the Bill is enacted into a law. However, it is estimated that a recurring expenditure of about rupees twenty crore will be involved per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 159 BILL NO. 345 OF 2019 A Bill to provide for mandatory rainwater harvesting in government establishments, offices and buildings to promote water conservation, offset the challenges of water scarcity and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Compulsory Rainwater Harvesting in Government Short title, Establishments and Schools Act, 2019. extent and commencement. (2) It extends to the union territories only. (3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.160 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) “building” includes all such structures, sheds, houses and buildings which are wholly or partially owned, possessed, built or occupied by the Government of India as may be notified by the Government under this Act; (b) “government” means the Central Government or the Union territory Administration, as the case may be; (c) “government establishment” means an establishment which is owned, established, controlled, managed or financed by the Government and includes— (i) a Ministry or department or subordinate office or attached office of the Central Government; (ii) a public sector undertaking or statutory authority constituted under any Central Act; (iii) a corporation in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government; and (iv) a Government company as defined under clause (45) of section 2 of the Companies Act, 2013. 18 of 2013. (d) “prescribed means prescribed by rules made under this Act; (e) “rainwater harvesting” means collection and storage of rainwater from rooftop of a building or other parts of a building or from a vacant land for use or for the the purpose of groundwater recharge; and (f) “school” means any recognised school imparting education from first standard to twelfth standard and includes— (i) a school established, owned or controlled by the appropriate Government or a local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the appropriate Government or the local authority; (iii) a school belonging to specified category under the Right of Children to Free and Compulsory Education Act, 2009; and 25 of 2009. (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the appropriate Government or the local authority. Mandatory 3. (1) Notwithstanding anything contained in any other law for the time being in rainwater force, it shall be mandatory to construct and provide necessary infrastructure for rainwater harvesting. harvesting in buildings of government establishments and schools in such manner and within such time as may be prescribed: Provided that the Government shall make it mandatory for constructing and developing rainwater harvesting in houses built under Pradhan Mantri Awas Yojana both in Rural and Urban areas. (2) The Government establishment shall notify designate an officer who shall be responsible for ensuring that the already installed rain water harvesting systems and/or that are installed in future, work efficiently and are maintained properly. (3) The Central Government shall review the progress of rainwater harvesting in Government establishments and shools, from time to time, in such manner as may be prescribed. Policy to 4. Within six months of the coming into force of this Act, the Government shall promote formulate a policy to promote and incentivize the practice of rainwater harvesting through rainwater development of appropriate technology and traditional practices. harvesting.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 161 5. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, provide requisite funds, from time to time, for carrying out the purposes of this Government Act. to provide funds. 6. This provisions of the Act shall be in addition to and not in derogation of any other Act no in law for the time being in force. derogation of other laws. 7. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made 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.162 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS For its water requirement, India depends almost on the annual monsoons. A report by NITI Aayog predicted that as many as 21 cities in the country will see the total depletion of their groundwater by as early as 2020 adding that 40% of india’s population will have no access to drinking water by 2030. The cases of Shimla and Chennai have shown that our cities rune dry like clockwork during summers. the recent years have seen a fast-depleting water table across the country and efforts are being made the Union Government through creation of a Jal Shakti Ministry to promote conservation through rainwater harvesting which is yet to catch up across the country. There has been an increase in demand for water and most cities are facing a water crisis. As urgent measure rainwater harvesting should be made mandatory across the country along with a mechanism to have stringent monitoring of adherence. The summer of 2019 affected more than 25 lakh people in North Maharashtra which include my Parliamentary Constituency of Ahmednagar where 822 tankers were deployed to address water scarcity. The Bill seeks to institutionalize the practice of rainwater harvesting by making it mandatory for government establishments and schools to promote rainwater harvesting through installation and construction of necessary infrastructure for the same. The practice of rainwater harvesting carries multifold benefits as the technology and infrastructure involved is low-cost and has a huge impact in empowering individuals and communities to manage their water. Rainwater harvesting also carries other benefits such as improving the overall floral system, reducing the loss of top layer of the soil, and if water is captured directly, there is lesser dependency on storage dams. For the general public rainwater harvesting helps in reducing water bills, providing water security which translates into savings of up to 200 litres a family. As the primary source, rainwater is the purest form of water and its harvesting will not only solve the problem of availability, but also of quality. An RTI reply in 2018 has stated that a majority of government buildings in Delhi, including important ones like the Supreme Court and NITI Aayog, don’t have rainwater harvesting system. In one of his Mann Ki Baat radio address. Prime Minister Narendra Modi Ji said only 8% of rainwater gets saved in the country. The NGT in one of its order in 2015 had also directed the Centre and all public authorities to ensure that rainwater harvesting systems are installed in every project including flyovers, bridges or any other construction activity carried out by the Government. Bill proposes to promote the practice of water harvesting by legislative sanction for incentivizing rainwater harvesting by launching awareness drives, not just in urban areas but in rural areas as well. The bill will be a right step in creating infrastructure for rainwater harvesting in government buildings and schools. Hence this Bill. NEW DELHI; SUJAY RADHAKRISHNA VIKHE PATIL November 5, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 163 FINANCIAL MEMORANDUM Clause 3 of the Bill provides that it shall be mandatory to construct and provide necessary infrastructure for rainwater harvesting in buildings of government establishments and schools in such manner and within such time as may be prescribed. Clause 5 of the Bill provides that Central Government shall, after due appropriation made by Parliament by law in this behalf, provide requisite funds from time to time, for carrying out the purposes of this Act. This Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. At this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the Consolidated Fund of India, if the Bill is enacted into a law. However, it is estimated that a recurring expenditure of about rupees two hundred crore will be involved per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees five hundred crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 3 of the Bill states that it shall be mandatory to construct and provide necessary infrastructure for rainwater harvesting in buildings of government establishments and schools in such manner and within such time as may be prescribed. Clause 7 of the Bill empowers the Central Government to make rules for carryong out the purpose of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.164 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 311 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Constitution (Amendment) Act, 2019. extent and commence- (2) It shall come into force on such date as the Central Government may, by notification ment. in the Official Gazette, appoint. Insertion of 2. After 21A of the Constitution, the following article shall be inserted, namely:— new article 21B Right to "21 B (1) The State shall provide accessible and affordable healthcare facilities to all Affordable its citizens in such manner as the State may by law, determine. and Accessible Healthcare. (2) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, descent, place of residence or any of them while providing the right to affordable and accessible healthcare. (3) The State shall spend not less than ten percent of the annual estimated receipts of the State for achieving the right to affordable and accessible healthcare as provided under clause (1).".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 165 STATEMENT OF OBJECTS AND REASONS Constitution of the World Health Organization provides that "Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity." The Constitution has no express provision to recognize the fundamental right to health. The scope and ambit of article 21 has been broadened over the years through judicial pronouncements and the expression life in this article means a life with human dignity and not mere survival or animal existence. The right to health is inherent to a life with dignity, and article 21 should be read with articles 38, 42, 43 and 47 to understand the nature of the obligation of the State in order to ensure the effective realization of this right. Health is considered as a vital parameter of human development and human development is the basic ingredient to analyze the economic and social development of a country. The Bill seeks to grant a fundamental right status to healthcare by amending article 21 of the Constitution which will create a legal obligation on the State to ensure access to timely, acceptable, and affordable healthcare of appropriate quality as well as to providing for the underlying determinants of health, such as safe and potable water, sanitation, health-related information and education, and gender equality. In order to realize this goal it is important to cast an obligation on the State to support the right to health through increased spending on healthcare. It is imperative that in order to enforce the right to health it should be done without any kind of discrimination on any grounds. India's healthcare market may see a threefold jump in value terms to reach $372bn. by 2022. India has the lowest Government spend and public spend, as a proportion of Gross Domestic Product (GDP), and the lowest per capita health spend. Indians met more than 62 per cent. of their health expenses from their personal savings, called "out-of-pocket expenses", compared with 13.4 per cent. in the US, 10 per cent in the UK and 54 per cent. in China. The Committee constituted by the 15th Finance Commission has also suggested that India should get ready to declare the 'right to health' as an Independence Day announcement in 2022. It is the primary duty of the State to provide for secured health to its citizen. As the legal guardian responsible for the safety and security of all its citizens, the State is duty bound to protect its citizens from mortality and morbidity which has been on the rise due to increase in diseases as a result of lifestyle. An important objective of this Bill is to make health a fundamental right which would thus give citizens the power to hold the state accountable for fulfilling its responsibility toward them. Hence this Bill. NEW DELHI; SUJAY RADHAKRISHNA VIKHE PATIL November 6, 2019.166 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for making the right to affordable and accessible healthcare a fundamental right. It also provides that the State shall spend not less than ten percent. of the annual estimated receipts of the State for achieving the right to affordable and accessible healthcare. The Bill, therefore, if enacted, will involve expenditure-recurring and non-recurring from the Consolidated Fund of India as well as Consolidated Fund of the concerned State. However, it is not possible to assess the actual financial expenditure likely to be incurred at this stage. —————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 167 BILL NO. 89 OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy first Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2020. Short title. 2. In article 39A of the Constitution, the following proviso shall be added at the end, Amendment namely:— of article 39A. "Provided that in all cases connected to the Securitisation and Reconstruction of 54 of 2002. Financial Assets and Enforcement of Security Interest Act, 2002 in any forum or court or tribunal under, the State shall provide compulsory legal assistance to a debtor or borrower to assert, establish or regain his assets including pride, self-respect and esteem with a sense of honour.".168 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was enacted to regulate securitisation and reconstruction of financial assets in the courts. However, the Act is disadvantageous to certain sections of the society, including dalits and the impoverished who are unable to understand the complexities of this legislation. They are being evicted from their homes when the affluent classes who availed astronomical sums as loans, escape the reach of law and lead a life of comfort. It is disturbing to note that the recovery processes often exercised as the last resort are regularly employed against the poor in the application of the parent Act. The Bill intends to constitute a very comprehensive economic, social and political programme for a modern democratic State which aimed at realising the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution which embody the concept of a 'welfare state'. Article 39A of the Constitution provides that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. Being in debt is not a crime. It is necessary not only to protect the interest of the banks but the interests of the debtors is also required to be protected including pride, self-respect and esteem with a sense of honour in all cases connected with the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The need is to provide constitutional protection in the form of compulsory legal assistance in all forums or courts or tribunals to a debtor or borrower to assert or establish or regain his assets in all cases connected with the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Hence this Bill. NEW DELHI; HIBI EDEN February 13, 2020SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 169 FINANCIAL MEMORANDUM Clause 2 of the Bill vide proposed amendment to article 39A provides for the State to provide compulsory legal assistance to a debtor or borrower to assert, establish or regain his assets including pride, self-respect and esteem with a sense of honour in all cases in every forum or court or tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one hundred crore per annum would be involved from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved.170 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 106 OF 2020 A Bill to provide for the establishment of Circuit Benches of the Supreme Court of India at Ernakulam, Mumbai and Kolkata. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Supreme Court of India (Establishment of Circuit commencement. Benches at Ernakulam, Mumbai and Kolkata) Act, 2020. (2) It shall come into force on such date, not being later than three months from the date of assent of the President, as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 171 2. There shall be established a Circuit Bench of the Supreme Court of India— Establishment of Circuit (a) at Ernakulam and such number of Judges of the Supreme Court of India, Benches of being not less than five, as the Chief Justice of India may, from time to time, with the the Supreme approval of the President, nominate, shall sit at Ernakulam on a rotation basis, in order Court of India at Ernakulam, to exercise the jurisdiction and power for the time being vested in the Supreme Court of Mumbai and India in respect of cases arising in the States of Kerala, Tamil Nadu, Karnataka, Kolkata. Andhra Pradesh, Telangana, Odisha, Union Territories of Puducherry and Lakshadweep and such other territories as may be notified by the Central Government, from time to time, with approval of the Chief Justice of India; (b) at Mumbai and such number of Judges of the Supreme Court of India, being not less than five, as the Chief Justice of India may, from time to time, with the approval of the President, nominate, shall sit at Mumbai on a rotation basis, in order to exercise the jurisdiction and power for the time being vested in the Supreme Court of India in respect of cases arising in the States of Rajasthan, Gujarat, Maharashtra, Goa, Madhya Pradesh, Union Territories of Dadra and Nagar Haveli and Daman and Diu and such other territories as may be notified by the Central Government, from time to time, with approval of the Chief Justice of India; and (c) at Kolkata and such number of Judges of the Supreme Court of India, being not less than five, as the Chief Justice of India may, from time to time, with the approval of the President, nominate, shall sit at Kolkata on a rotation basis, in order to exercise the jurisdiction and power for the time being vested in the Supreme Court of India in respect of cases arising in the States of Arunachal Pradesh, Assam, Bihar, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, West Bengal, the Union Territory of Andaman and Nicobar Islands and such other territories as may be notified by the Central Government, from time to time, with approval of the Chief Justice of India.172 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Judiciary is a co-equal branch of the government within India's democratic and constitutional framework along with the legislature and the executive. The role of courts in society is not merely to adjudicate disputes between parties, but also to protect the rights and liberty of individuals, among which the presence of Supreme Court is important one. It is a well known fact that Justice delayed is justice denied and all other services are at doorstep, except courts. Time is the most valuable thing, some experts feel that this could have an adverse impact on the constitutional superiority of the Supreme Court. Nothing could be farther from the truth as the increase in the faith of a common person that justice is tenable without travel across thousands of kilometres would, any day, be much larger than any minor adjustment that the clerical processes need to undertake in the short term. The time has come for the Parliament to pass the Bill which ensures the accessibility to justice irrespective of one's distance from Delhi and also for the Supreme Court to favour this progressive legislation. Hence this Bill. NEW DELHI; HIBI EDEN March 13, 2020 ———— PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117(1) AND 117(3) OF THE CONSTITUTION ———— [Copies of Letter No. K-15019/04/2020-US.I dated 10 June, 2020 from Shri Ravi Shankar Prasad, Minister of Law and Justice, Communications and Electronics and Information Technology to the Secretary General, Lok Sabha]. I. The President, having been informed of the subject matter of the Supreme Court of India (Establishment of Circuit Benches at Ernakulam, Mumbai and Kolkata) Bill, 2020 by Shri Hibi Eden, M.P., recommends the introduction and consideration of the Bill in Lok Sabha under articles 117(1) and 117(3), respectively, of the Constitution.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 173 FINANCIAL MEMORANDUM Clause 2 of the Bill provides for the establishment of Circuit Benches of the Supreme Court of India at Ernakulam, Mumbai and Kolkata. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure to the tune of about rupees five crore per annum would be involved from the Consolidated Fund of India. A non-recurring expenditure to the tune of rupees eighty crores is also likely to be involved.174 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 352 OF 2019 A Bill further to amend the Wild life (Protection) Act, 1972. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Wild life (Protection) Amendment Act, 2019. commencement. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 175 53 of 1972. 2. In section 2 of the Wild life (Protection) Act,1972 (hereinafter referred to as the Amendment of principal Act), clause (20A) shall be renumbered as clause (20AA), and before clause (20AA) section 2. as so renumbered, the following clause shall be inserted, namely:— “(20A) “Nag Panchami” means an event involving worship of snakes with a view to follow tradition and culture on such days from the months of July to August of a calendar year and at such places, as may be notified by the Central Government;”. 3. After section 9 of the principal Act, the following section shall be inserted, namely:— Amendment of section 9. “9A. Notwithstanding anything contained in section 9 or any judgement, decree or order of any court, the capture and exhibition of snakes for the purpose of worship on ‘Nag Panchami’ shall be permitted under this Act.”.176 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Vedas contain hymns revering the snake. It forms a strong part of the Hindu religion — the garland of Shiva, the protector of Balarama, the bed of Vishnu, the girdle of Ganesh, the sacred thread of the Brahmin, the upholder of the Earth. Lord Krishna’s brother Balarama is considered a snake chieftain. Manasa, the snake goddess, is one of the main deities of Bengal. On Nag Panchami, the fifth day of the lunar month of Shravana (July/August) the snake god is worshipped. A division bench of Justice A.S. Oka & Justice A.S. Chandurkar of the Bombay High Court in the case of Ajit Shridhar Patil v. Union of India, (Public Interest Litigation No.75 of 2011) banned the capture and exhibition of snakes on Nag Panchami. In Gram Sabha of Battis Shirala v. Union of India, (Writ Petition No. 8645 of 2013) citing references to the Wild life (Protection) Act of 1972, the court rejected the writ petition filed by Battis Shirala to oppose the ban. It also set aside the town’s contention that the festival was centuries old, pointing out that the Gazette published in 1858 had no mention of the festival in the town. The High Level Committee chaired by Mr. TSR Subramanian in 2014 had also supported cultural traditions and has stated in its report that Schedule of Wild life (Protection) Act, 1972 should provide appropriate provision for taking into account the needs of local festivals, subject to no harm or injury to animals. India has a varied and glorious cultural tradition; while there are many national festivals, there are also local festivals which are of great local importance in different States. Nature and animal worship has been part of the national culture. Thus, for example Nag Panchami is celebrated in many States and snakes worshipped during five days in Shravana month, as a thousands years-old tradition. It is to be noted that the snakes are never harmed — indeed are worshipped during this period. The town of Battis Shirala in Sangli district of Maharashtra which falls under Parliamentary constituency of Hatkanangale is well known for celebration of Nag Panchami where snakes are worshipped and not harmed. The worship of snake during Nag Panchami is an essential religious practice under articles 25 and 26 and, therefore, in order to conserve the traditional practices this Bill seeks to amend section 2 and 9 of the Wild life (Protection) Act, 1972 for creating an exception for snakes which are worshipped in Nag Panchami as part of Schedule II to the Act. The ban imposed by Bombay High Court on worshipping snakes during Nag Panchami has led to a halt on celebrating Nag Panchami across Maharashtra which is an issue of faith for lakhs of devotees who cause no harm to snakes but just worship them as a matter of tradition for the past 250 years and records of the same have also been found in historical documents like Panhala Fort. Therefore, the Bill seeks to protect the tradition from the judicial restriction imposed by a High Court order and carve an exception to allow devotee to worship snakes without harming them and also follow the spirit and intent of Wild life (Protection) Act, 1972. Hence this Bill. NEW DELHI; DHAIRYASHEEL SAMBHAJIRAO MANE November 6 , 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 177 BILL NO. 359 OF 2019 A Bill to provide for measures to ensure welfare of cotton growers and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Cotton Growers (Welfare) Act, 2019. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In 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) "cotton grower" means any person who cultivates cotton;178 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) "Committee" means the National Cotton Development Committee constituted under section 4; (d) "prescribed" means prescribed by rules made under this Act; and (e) "Scheme" means the Cotton Growers Welfare Scheme formulated under section 3. Cotton 3. The Central Government shall formulate a Scheme for the welfare of Cotton Growers Growers to be known as the Cotton Growers Welfare Scheme. Welfare Scheme. 4. (1) The Scheme shall be administered by a Committee to be known as the National Cotton Development Committee to be constituted by the Central Government in such manner as may be prescribed. (2) The Committee shall consist of— (i) Union Minister of Agriculture and Farmer's Welfare—Chairperson, ex-officio; (ii) Union Minister of State for Agriculture and Farmer's Welfare—Vice- Chairperson, ex-officio; (iii) two members, representing the Governments of Cotton growing States, to be nominated by the respective State Government in such manner as may be prescribed; (iv) two members representing Cotton Association of India; and (v) three Members of Parliament each from Cotton growing States. (3) The Central Government shall appoint such number of officers and staff to the Committee as it deemed necessary for carrying out the purposes of this Act. (4) The salary and allowances payable to, and other conditions of service of the officers and staff of the Committee, shall be such as may be prescribed. Cotton 5. (1) The Central Government shall set up a Fund to be known as the Cotton Growers Growers Welfare Fund for carrying out the purposes of this Act. Welfare Fund (2) The Central Government and the State Governments shall contribute to the Cotton Growers Welfare Scheme Fund in such ratio as may be prescribed. Cotton 6. The Fund shall be utilised for the following purposes, namely:— Farmers and Growers (a) to provide financial assistance to cotton farmers and growers for purchasing Welfare Fund. cotton seeds, pesticides and fertilizers, and in case of low yields of cotton or loss of their crops due to rains, storms, floods, hailstorms and drought; (b) to provide free health facilities for cotton farmers and growers and their families; (c) the provide assistance to the cotton farmers and growers in the event of any disability; (d) to compensate the farmer(s) and grower(s) suitably in case as yield being less than estimated; (e) to provide technical and other kinds of specialized assistance to cotton farmers and growers; (f) to create adequate procurement and storage facility for cotton and assistance for export of cotton and its products; (g) to encourage research in cotton related fields;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 179 (h) to provide electricity and water facilities to cotton farmers and growers at subsidized rate; and (i) for such other purposes as may be prescribed by the Central Government. 7. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made 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 an 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.180 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Cotton is one of the most important fibre and cash crop of India and plays adominant role in the industrial and agricultural economy of the country. It provides the basic raw material (cotton fibre) to cotton textile industry. The textiles and apparels industry in India is valued at around $127 billion in size. Textile units in Ichalkaranji produce cloth for both domestic and overseas markets. Ichalkaranji has a rich legacy in the field of textile industry in the State of Maharashtra. Cotton in India provides direct livelihood to six million farmers and about 40-50 million people are employed in cotton trade and its processing. In India, there are ten major cotton growing States which are divided into three zones, viz. northern zone, central zone and south zone. North zone consists of the State of Punjab, Haryana and Rajasthan. Central zone includes the State of Madhya Pradesh, Maharashtra and Gujarat Southern zone comprises the State of Andhra Pradesh, Telangana, Karnataka and Tamil Nadu. The latest United States Department of Agriculture (USDA) estimate for the marketing year 2019-20 has projected India's cotton crop at 305 lakh US bales (each of 217.7 kg), which works out to 390 lakh India bales (each of 170 kg). Last season in 2018-19, India's cotton crop was reported decade-low at 312 lakh bales by the apex cotton trade body, Cotton Association of India (CIA). Cotton output in India was impacted last year due to drought in many cotton growing States including the States of Maharashtra, Telangana and Andhra Pradesh. The Government increased a mere two per cent in cotton minimum support price (MSP) for 2019-20 compared to five per cent and nine per cent in groundnut and soyabean respectively. The monsoons and unseasonal rains in 2019 have led to huge crop losses and damages to the farmers. The Bill is aimed at creating a targeted scheme for welfare of cotton growers and farmers which will be administered by a committee to be headed by Minister of Agriculture and comprising members from varied fields relating to cotton production and supply. The Bill also makes a provision to create a Fund to be managed jointly through funds of Central and State Governments to be used for a wide range of activities including insurance, electricity, technical assistance, research and health facilities which will aid in providing relief to the cotton farmers not only in the State of Maharashtra but across the country. The Bill, if enacted, will protect the interests and promote the welfare of the cotton growers in the country. Hence this Bill. NEW DELHI; DHAIRYASHEEL SAMBHAJIRAO MANE November 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 181 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for formulation of Cotton Growers Welfare Scheme. Clause 4 provides for the Constitution of National Cotton Development Committee. Clause 5 provides for setting up of a Cotton Farmers and Growers Welfare Fund to which the Central Government and the State Governments shall contribute in such ratio, as may be prescribed. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. However, at this stage, it is not possible to quantify the actual expenditure at this juncture, it is estimated that a recurring expenditure of about rupees seven thousand crore may be incurred per annum from the Consolidated Fund of India. A non-recurring annual expenditure of about rupees two thousand crore is also likely to be incurred. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 7 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of details only, the delegation of legislative power is of normal character.182 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 300 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title. 1. This Act may be called the Constitution (Amendment) Act, 2019. Amendment 2. In the Seventh Schedule to the Constitution, in List III-Concurrent List, after entry of the Seventh 47, the following entry shall be inserted namely:— Schedule. "48. Management of Disasters and Emergencies whether natural or man- made.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 183 STATEMENT OF OBJECTS AND REASONS The monsoon season of 2019 wreaked havoc across the country and one of the most badly affected areas falls under the Parliamentary constituency of Hatkanangle which witnessed huge damage to property and life. The Geo-climatic conditions and socio-economic vulnerability of India makes it one of the most disaster-prone countries. A report by National Institute of Disaster Management (NIDM) and Forest Research Institute (FRI) states that 59 per cent area is prone to earthquakes, 28 per cent to droughts, 25 per cent to landslides, 12 per cent to floods, 8 per cent to cyclones and 50 per cent of the forest area is prone to forest fires. A World Bank report released in 2017 noted that the impact of extreme natural disasters was equivalent to $520 billion of global loss in annual consumption and forces some 26 million people into poverty each year. Due to the magnitude of losses as a result of man-made or natural disasters it is extremely important to step-up appropriate disaster mitigation measures to minimize the loss of property and life. India has a dedicated disaster management force at Central and State levels, as well as effective disaster management policies. However, due to delayed response, inappropriate implementation of the plans and policies, and inadequate technological capacity for accurate forecast, any disaster results in large scale damage. In the current scheme of things, Disaster management doesn't figure in any of the 3 lists of the Constitution and hence under article 248, the Parliament has the competence to legislate on this subject. The Disaster Management Act, 2005 was enacted by invoking entry 23 namely 'Social security and social insurance, employment and unemployment' in the Concurrent List even though all aspects of crisis management cannot be said to be covered by this entry. By practice and convention the primary responsibility for managing disasters rests with the State Governments. Due to the cross cutting nature of activities that constitute disaster management and linkages required which involve co-ordination between the Union, State and local Governments on the one hand and a host of Government departments and agencies on the other; setting up of a broadly uniform institutional framework at all levels is of paramount importance. The imminent need is to ensure congruence and coherence with regard to the division of labour among the agencies at the Union, State and other levels. This could best be achieved if the subject of Disaster Management is placed in the Concurrent List of the Constitution. The Bill proposes to add disaster management whether natural or man-made in the Concurrent List as it would be expedient if certain functions of disaster management are centralized while others are decentralized down to the lowest level. Through addition of disaster management in Concurrent List it will enable both Centre and State to legislate and frame policies according to their requirements. National level planning and adoption of best practices, development of standard operating procedures administration of early warning systems and formulating policy on disaster management are best entrusted to a national body whereas local planning and the actual work of implementation are better left with State Governments. Hence this Bill. NEW DELHI; DHAIRYASHEEL SAMBHAJIRAO MANE November 6, 2019.184 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 274 OF 2019 A Bill to provide for the protection of women from discrimination, and for the basic facilities like creche, recreational facilities, maternity benefits, hostel and transport facilities, and for the welfare measures to be taken by the employers and the State for the women employees working in Government establishments; public sector enterprises including banks and ports, educational institutions including universities, colleges and schools; factories, mines, plantations, agricultural fields, orchards and such other places and for matters connected therewith and incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Working Women (Basic Facilities and Welfare) Short title, Act, 2019. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force with immediate effect.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 185 2. In this Act, unless the context otherwise requires,— Definition. (a) "appropriate Government" means in the case of a State, the Government of that State and in other cases, the Central Government; (b) "child" includes a still born child; (c) " employer" means,— (i) in relation to an establishment which is under the control of an appropriate Government, the person or authority appointed by the appropriate Government for the supervision and control of the employees or where no person or authority is so appointed, the head of the establishment; (ii) in relation to an establishment under any local self-government or authority, the person appointed by such authority or local self-government for the supervision and control of the employees or where no person is so appointed the Chief Executive Officer by whatever name called of the local self-government or the authority, as the case may be; (iii) in other cases, the person who or the authority which has the ultimate control over the affairs of the establishment; (d) "establishment" include an office of the appropriate Government, quasi government or department including telegraph office, post office, telephone exchange a mine, a plantation, an agricultural field, a hospital or nursing home, a shop or any business establishment, a brick kiln, construction site, any banking establishment, any private office or house, any school, college university or like institution, estab- lishment for the exhibition of equestrian, acrobatic and other performances and any other such place where a women is employed for any work whatsoever; (e) "factory" means a factory as defined in the Factories act, 1948; (f) "industry" means an industry as defined in the Industrial Disputes Act. 1947; (g) "prescribed" means prescribed by rules made under this Act; and (h) "working woman" means a woman who is employed whether directly or indirectly through any agency or contractor, as the case may be, for wages in any establishment, factory or industry. 3. It shall be the duty of the appropriate Government to ensure that no discrimination Appropriate is done by any establishment on gender basis with its women employees particularly in the Government to ensure non- matter of payment of wages which are paid to her male counterpart in such establishment. discrimination and equal wages for working women. 4. (1) Notwithstanding anything contained in any other law for the time being in Employer to force, every employer shall provide basic child care facilities such as milk, tiffin, clothes, have childcare facilities for toys, trained ayahs and other essential facilities for the children of women working in the working establishment. women. (2) The appropriate Government shall ensure that every employer of an agricultural field provide mobile childcare facilities for the working women in his establishment; Provided that two or more such employers may provide common childcare facilities for their establishments. (3) The appropriate Government shall open such number of creches at such places as it may deem necessary for carrying out the purposes of this Act.186 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Recreational 5. Every employer shall provide retiring rooms with facilities like bathroom, latrine, facilities. drinking water at the workplace or worksite of the working women and recreational facilities like radio and television for working women and their children. Security 6. Every employer shall provide adequate and proper security measures for the safety Arrangements. of working women in the establishment, factory or industry, as the case may be, and provide transportation facility free of cost if the working women comes to the workplace after the sunset or has to leave the workplace before the sunrise. Maternity 7. It shall be the duty of the employer to ensure proper and adequate maternity facilities. facilities for the working women. Hostel and 8. Every employer shall provide hostel and residential facilities both for married and transport unmarried working women nearest to their place of work and cheap, safe and quick transport facilities. facilities of such working women. Protection 9. The appropriate Government shall ensure protection from health hazards particularly from health for the women working in factories or industries like beedi, tobacco, stone mines, cashew, hazards. fish processing, salt, silk construction projects and such other establishments as may be prescribed. Child care 10. Every employer shall provide one year child care leave with full salary and other leave. benefits to the married working women till the child attains eighteen year of age: Provided that no such facility shall be available for more than two children. Register of 11. (1) The appropriate Government shall maintain a register of working women in women such manner and at such place as may be prescribed. working. (2) The appropriate Government may require an employer to furnish for the purposes of this act, such statistical and other information, in such form and within such period as may be prescribed. Overriding 12. The provisions of this Act and the rules made thereunder shall have effect effect of the notwithstanding anything inconsistent therewith contained in any other law for the time Act. being in force, but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being applicable to the working women. Power to make 13. (1) The appropriate 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 or the Legislative Assembly and the Legislative Council, as the case maybe, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 187 STATEMENT OF OBJECTS AND REASONS Despite the unabated female foeticides and dwindling population of girls in the country and the conservative attitude of the society towards women, more and more women are venturing out of their houses to work to support their families. As a result, the number of working women in Government services, factories, industries, commercial establishments, agriculture, mines, fish processing sector, silk industry and so on so forth is increasing day by day, but their conditions of employment need amelioration. Various basic and essential facilities which are supposed to be made available to the working women by the Government and private employers are either absent or not adequate and satisfactory. Unfortunately, in most of the private sector including agricultural sector, the facilities are rather minimal or negligible and the working women are an exploited lot there. The existing labour laws also do not provide for proper medical, educational recreational and other facilities for the working women and their children. As regards, other social security measures like security, transport, accommodation have also not been made so far. In many establishments they are not given equal pay for work. This discrimination has to be stopped. Hence it has become necessary to provide adequate welfare measures for the working women. Hence this Bill. NEW DELHI; T. SUMATHY(a) THAMIZHACHI THANGAPANDIAN November 4, 2019.188 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill provides for certain childcare facilities of the working women. Clause 5 provides for recreational facilities for working women and their children. Clause 6 provides that the appropriate Government to provide adequate and proper security measures for the safety of working women. Clause 7 provides for maternity facilities. Clause 8 provides for hostel and transport facilities for the working women. Clause 9 provides for appropriate Government shall ensure protection from health hazards of the working women. The expenditure relating to States shall be borne out of the Consolidated Fund of the State Government concerned. However, the expenditure in relation to Union territories shall be borne out of the Consolidated Fund of India. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees two thousand crore may involve as recurring expenditure per annum. A non-recurring expenditure of rupees five thousand crore is also likely to involve. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 13 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of details only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 189 BILL NO. 306 OF 2019 A Bill to provide for financial assistance to the State Governments for providing basic amenities and clearance of Jhuggi-Jhopri areas and slum areas and for matters connected therewith. BE it enacted by Parliament in the Seventieth year of the Republic of India as follows:— 1. (I) This Act may be called The Financial Assistance to State Governments for Short title, Development of Slums and Jhuggi-Jhopri Areas Act, 2019. extent and commencement. (2) It extends to the whole of India.190 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "building" includes any structure or erection or any part of a building but does not include a plant or machinery comprised in a building; (b) "competent authority" means such officer or authority as the Central Government may, by notification in the Official Gazette, appoint as the competent authority for the purpose of this Act; (c) “jhuggi-jhopri” means a small roughly built house or shelter usually made of mud, wood or metal having thatched or tin sheet roof covering; (d) "prescribed" means prescribed by rules made under this Act; (e) "slum" means an area consisting of jhuggi-jhopri areas, badly built and overcrowded houses and buildings; and (f) "slum clearance" means the clearance of any slum area by demolition and removal of buildings therefrom. Financial 3. The Central Government shall provide financial assistance to every State Government Assistance to for implementation of the provisions of this Act. the State Governments. Preparation of 4. (1) Every State Government shall prepare a list of slums and jhuggi-jhopri in every list of slums. district of the State and forward the same to the Central Government. (2) The Central Government shall on receipt of list under section 4 and after such enquiry as it may deem fit, release the fund to the State Government. Declaration of 5. The State Government may, from time to time, by notification in the Official Gazette, slum area. declare any area to be a slum area within the meaning of this Act. Works of 6. For the purpose of effective implementation of this Act, the State Government shall, improvement, through the competent authority,— etc. in slum areas. (i) carry out the work of improvement in slums and jhuggi-jhopri areas from time to time in such manner as may be prescribed; (ii) provide all basic amenities in slums and jhuggi-jhopri areas; (iii) extend financial assistance or vocational training to the inhabitants of slums and jhuggi-jhopri areas for their self-employment; and (iv) construct and allot dwelling units to the inhabitants of slums and jhuggi- jhopri areas where such areas have been declared as slum clearance areas. Competent 7. (1) Where the competent authority is satisfied that most satisfactory method of authority to dealing with conditions in a slum area is the demolition of all the buildings in the area, the declare a slum authority shall by an order notified in the Official Gazette declare the area to be a slum area to be a clearance area. clearance area, that is to say, an area to be cleared of all buildings in accordance with provisions of this Act and the rules made thereunder. (2) The competent authority shall give adequate notice to the inhabitants of slums and jhuggi-jhopri areas before demolition of house, shelters or buildings. (3) The competent authority shall not remove or demolish any jhuggi-jhopri areas till all residents of the area have been evacuated and allotted alternative dwelling units with all basic amenities at convenient locations. Ban on setting 8. On and from the date of commencement of the Act, no person shall be allowed to set up of Jhuggi- up any jhuggi-jhopri in any area. Jhopri areas.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 191 9. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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.192 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Under inhuman conditions. There are no basic facilities of potable water, electricity, sanitation and health services in these areas. However, people have no other option but to live in such slums and jhuggi-jhopri areas under inhuman conditions. The problem is more appaling in metropolitan cities and other big cities where people migrate in large numbers in search of employment. Poverty forces them to find shelter in slums and jhuggi-jhopri areas. However, there is no policy to deal with the problems of slums and jhuggi-jhopri areas. Being a welfare state, it is the duty of the Government to provide alternate houses with basic facilities to persons who are living in slum areas. The Government should also see that slum areas do not come up and those which are already there should be cleared. However, the State Government do not have enough funds to take corrective action. Therefore, it is the duty of the Central Government to provide full financial assistance to the State Government for aforesaid purpose. Hence this Bill. NEW DELHI; T. SUMATHY (a) THAMIZHACHI THANGAPANDIAN November 4, 2019. ————— FINANCIAL MEMORANDUM Clause 3 of the Bill provides that the Central Government shall provide financial assistance to the State Government for carrying out the purpose of the Bill. Clause 6 provide for basic facilities to those who are living in slum areas. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of rupees one thousand five hundred crore will be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees five hundred crore is also likely be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matter of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 193 BILL NO. 296 OF 2019 A Bill to provide for measures for the welfare of cinema artists and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Artists Welfare Act, 2019. Short title, extent and (2) It extends to the whole of India. commencement. (3) It shall come into force at once. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "artist" means any person engaged in cinema industry and performing either as an actor, dancer, singer, producer, photographer, editor or any work connected with194 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— the production, editing and distribution of films or in theatre like drama or promotion of local culture like folk dance or song and includes casual workers employed from time to time on contract basis. (b) "cinema" means a feature film or a documentary or a short film; (c) "fund" means the Artists Welfare Fund constituted under section 3; (d) "prescribed" means prescribed by rules made under the Act. (e) "theatre" means a place where drama is performed or any event held to promote and propagate local culture like folk song and dance. Artists 3. (1) The Central Government shall set up a Fund to be known as the Artists Welfare Welfare Fund. Fund. (2) The Fund shall consist of contributions made by Central Government, film producers and donations received from individuals or organisations. (3) The Fund shall be administered by a Board consisting of— (i) the Minister of Information and Broadcasting, Chairman ex-officio; (ii) two representatives of film or theatre producers, as members to be nominated in such manner as may be prescribed; and (iii) two representatives of cinema or theatre artists as members to be nominated in such manner as may be prescribed. (4) The details regarding conditions of service and terms of appointment of members of the Board shall be such as may be prescribed by rules to be made under this Act. (5) The Artists Welfare Fund shall be utilized for the following purposes— (i) payment of compensation in case of death or accident of an artist while performing the job; (ii) payment of premium of life insurance of artists; (iii) payment of old age pension after an artist has attained the age of sixty years and is not gainfully employed; (iv) payment of disability assistance in case any artist is disabled due to any reason while working in cinema industry; (v) free health care and education facilities for the artists and their family members; (vi) housing facilities to the artists at subsidized rate; and (vii) sustenance allowance at such rate as may be prescribed for those days when they are not gainfully employed. Power to make 4. (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 195 STATEMENT OF OBJECTS AND REASONS Artist engaged in film or theatre industry fall in the category of unorganized workers and face a lot of problems. They entertain the people but a great deal of personal risk is involved in their work. Accidents occur frequently during shooting of the films and as a result many artists sustain injuries while performing. They get a meagre amount as compensation for the loss or injury suffered by them. They do not have proper facilities like health care, education for their children, etc. They do not have regular employment. They get employment only for few days in a month. They are exploited in many ways by unscrupulous persons. Today, the cinema industry generates considerable revenue for the country but nothing is being done by the Government for the welfare of persons engaged in this profession. Therefore, it becomes necessary to provide certain measures for welfare of the persons engaged in the cinema industry. The Bill seeks to provide for setting up of the Artists Welfare Fund providing for insurance cover, educational facilities for the children of cinema workers, old age pension, free health care and housing facilities to the workers engaged in the cinema industry. Hence this Bill. NEW DELHI; T. SUMATHY (a) THAMIZHACHI THANGAPANDIAN November 6, 2019.196 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for setting up of the Artists Welfare Fund by the Central Government for the welfare of workers engaged in cinema or theatre industry. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees one thousand crore per annum. A non-recurring expenditure of about rupees five hundred crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 4 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Act. Since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 197 BILL NO. 65 OF 2020 A Bill to provide for the establishment of an Orphan and Street Children Welfare Authority to ensure social security and implementation of welfare measures for orphan and street children and for matters connected therewith. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called as the Orphan and Street Children (Welfare) Act, 2020. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.198 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definition. 2. In this Act, unless the context otherwise requires,— (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "Authority" means the Orphan and Street Children Welfare Authority constituted under section 3; (c) "child" means a boy or girl who has not completed the age of eighteen years; (d) "intentional abandonment" means a child who has been intentionally abandoned by the parents due to poverty, physical disablement, gender or any other social restriction or reason; (e) "Fund" means the Orphan and Street Children Welfare Fund constituted under section 6; (f) "orphan" means a child with unknown parentage or whose both parents have died and includes a child who is not part of a family either natural or foster; (g) "prescribed" means prescribed by rules made under this Act; and (h) "street children" includes a child who is orphan or has been abandoned, vagabond and who collects all kinds of waste from garbage dumps, streets and other public places including neglected and destitute children who subsist on income from working as a porter, vendor, shoe shiner, beggar or petty criminal and who generally languish on pavements, hutments, slums or railway platforms, bus stops and such other places and remain deprived and exploited. Constitution 3. (1) The Central Government shall, by notification in the Official Gazette, constitute of Orphan and an Authority to be known as the Orphan and Street Children Welfare Authority for the Street purpose of providing social security and welfare measures to orphan and street children, in Children such manner as may be prescribed. Welfare Authority. (2) The Central Government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the Authority. (3) The headquarters of the Authority shall be at New Delhi: Provided that the Authority shall have its offices in every State and Union territory. (4) The salary and allowances payable to, and other terms and conditions of services of Officers and Staff of the Authority shall be such as may be prescribed. Functions of 4. (1) Subject to the guidelines issued by the Central Government, the Authority shall the Authority. formulate a comprehensive national policy within one year of its constitution to achieve the objectives of this Act and perform such functions as may be necessary to ensure welfare of orphan and street children. (2) Without prejudice to the provisions contained in sub-section (1), the functions of the Authority shall include the following:— (a) conducting and publishing the survey of orphan children in regard to following— (i) socio-economic status of orphan children; (ii) data of orphan and street children; (iii) demographic profile of orphan and street children; (iv) register of missing children; and (v) performance appraisal of existing orphan and street children welfare schemes and programmes; (b) taking steps for reunion of missing, orphan and street children with their natural parents or relatives or through adoption by foster ones;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 199 (c) establishment of a robust system of institutional care for orphan and street children who are unable to be re-integrated in a family setting; (d) development of a tracking system for identification of families of abandoned children to facilitate reunification; (e) development of psychological and other support system to prevent abandoning of children by parents due to poverty, deprivation and other such factors as may be specified; (f) simplification and reform of the adoption system by foster parents; (g) training and capacity building to health workers to cater to the complex psychosocial needs of orphan children; (h) specialised medical attention to orphan children suffering from vulnerable diseases such as HIV, AIDS and other communicable diseases and chronic diseases; (i) special attention to orphan children living in militancy and naxal affected areas and their rehabilitation; (j) post-institutional support to ensure education, skill training and livelihood to orphan children; (k) stringent monitoring of foster care institutions to prevent any kind of emotional, physical or sexual abuse of orphan children; (l) issuance of single and multi-purpose 'orphan certificate' containing therein, if available, such information as date of birth, nativity, parental status and family surname to ensure enjoyment of legal rights, entitlements and benefits; (m) linkage of all orphan-related agencies such as cradle baby centres, adoption centres and foster care homes with authorities that issue orphan certificates; (n) promoting awareness about legal rights and entitlements of orphan children; (o) encourage adoption of orphans and to provide for a procedure for facilitating adoption of orphans; (p) provide free medical aid to the orphans and street children up to the age of eighteen years; (q) provide free education for orphans upto the graduation; and (r) such other provisions as may be deemed necessary and expedient for carrying out the purposes of this Act. 5. It shall be the duty of the appropriate Government to implement the national policy Appropriate formulated under sub-section (1) of section 4. Government to implement the Policy. 6. (1) The Central Government shall, as soon as may be, by notification in the official Establishment Gazette, constitute a Fund to be known as the Orphan and Street Children Welfare Fund for the of Homeless Orphan and purposes of this Act with an initial corpus of rupees one thousand crores, to be provided by Street Children the Central Government, after due appropriation made by Parliament by law in this behalf. Welfare Fund. (2) The Fund shall also be credited by— (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 corporates, domestic and foreign financial institutions.200 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The Fund shall be utilised for rehabilitation and welfare of orphan children in such manner as may be prescribed. Reservation 7. There shall be two per cent. reservation in educational institutions and in posts and in Educational services under the Central Government for orphan and street children. institutions and in posts and services. Penalty. 8. Notwithstanding anything contained in the Indian Penal Code, 1860 or any other law for the time being in force, whoever, (a) forces or instigates any child covered under this Act to beg, commit petty crime, rag picking or any act which is injurious to the health of such child shall be punishable with imprisonment which shall not be less than four years but may extend to seven years and also with fine which may extend to five lakh rupees; (b) sexually exploits any child covered under this Act in any manner whatsoever shall be punishable with imprisonment which shall not be less than ten years but may extend to life imprisonment which shall not be less than ten years but may extend to life imprisonment and also with fine which shall not be less than five lakh rupees but may extend to ten lakh rupees; (c) intentionally abandons any child covered under this Act shall be punishable with imprisonment which shall not be less than one year but may extend to three years and fine which may extend to one lakh rupees; and (d) having already been convicted of an offence under this Act or of an abetment of such offence is again convicted of any such offence or abetment shall be punishable with life imprisonment and also with fine which may extend to ten lakh rupees. Nodal Officer 9. (1) The appropriate Government shall designate a nodal officer in every district to to ensure ensure effective implementation of all the schemes and policies meant for welfare of orphan welfare and street children; schemes in every district. (2) Every nodal officer shall submit to the appropriate Government an annual report containing such details, as may be prescribed, of welfare measures provided to orphan children in the district. (3) The appropriate Government shall, if satisfied that schemes and policies are not being implemented properly, remove from the office, the nodal officer for dereliction of duty: Provided that no criminal proceedings shall be initiated against the nodal officer who is removed from office. Central 10. The Central Government shall, after due appropriation made by Parliament, by law Government in this behalf, provide adequate funds to the State Governments for carrying out the purposes to provide of this Act. funds. Overriding 11. The provisions of this Act and rules made thereunder shall have effect effect of the notwithstanding anything inconsistent therewith contained in any other law for the time Act. being in force. Act to 12. The provisions of this Act shall be in addition to and not in derogation of any other supplement law for the time being in force. other laws. Power to 13. (1) The Central Government may, by notification in the Official Gazetee, 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 whichSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 201 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.202 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Children are the future of a nation. It is essential that the upbrining of children happen in a good atmosphere by providing them all the necessities of life, good education and a joyful childhood. But in our country, unfortunately, there are millions of orphans with known or unknown parentage, mostly homeless, abandoned, run away vagabond and destitute who can be seen in most urabn areas loitering, collecting waste papers, plastic and metal scraps from the dumping pits and public places for their subsistence. They are exploited by anti- social elements and even by Police. These children are thus the most vulnerable to abuses, exploitation and depravity. According to UNICEF statistics, 31 million Indian children live as orphans. Orphans have a very low social status, lacking social identity, self esteem and having insufficient access to social support structures and protective mechanisms. It is the duty of the State to ensure that these hapless, homeless orphan and street children are protected against neglect cruelty and exploitation and they must enjoy their childhood by bringing them to the national mainstream by giving every opportunity and protection they deserve to fully develop their potentials. They should be provided with good education, nutrition, healthcare and good atmosphere which will enable them to grow as responsible citizens. The Governments have to establish children homes with all facilities for the street children. The NGOs too have to be encouraged for the uplift of orphans and street children. If the orphans and street children are looked after well, it will not only uplift the conditions of the homeless orphan and street children but it will also create a better society and strong nation. Hence this Bill. NEW DELHI; VANGA GEETHA VISWANATH February 10, 2020. ————— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the establishment of Orphan and Street Children Welfare Authority. Clause 4 provides that the Authority shall formulate a comprehensive policy within one year of its constitution for welfare of orphan and street children including conducting and publishing the survey of orphan children, training and capacity building to health workers to cater the needs of orphan children, etc. Clause 6 provides for the constitution of the Homeless Orphan and Street Children Welfare Fund with an initial corpus of rupees one thousand crore to be provided by the Central Government. Clause 10 provides that the Central Government shall provide requisite funds for carrying out the purposes of the Bill. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees twenty thousand crore will be involved as recurring expenditure per annum. A non-recurring expenditure of rupees fifty thousand crore will also be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 13 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will related to matters of details only the delegation of legislative power is of normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 203 BILL NO. 257 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title. 2. In article 72 of the Constitution, after clause (3), the following clause shall be added, Amendment namely:— of article 72. "(4) Nothing in this article shall apply to the punishment or sentence of any person convicted of— (i) waging, or attempting to wage war, or abetting waging of war against the Government of India; or (ii) conspiracy to wage war against the Government of India by means of criminal force or show of criminal force within or outside India; or (iii) collecting arms with intention of waging war against the Government of India; or (iv) concealing the existence of a design to wage war or facilitating the waging of such war against the Government of India.".204 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Article 72 of the Constitution empowers the President of India to grant pardon, etc., and to suspend, remit or commute sentence in certain cases. However, cases like attack on Parliament House in the year 2001 and later attack on Mumbai known as 26/11 attack in the year 2008 have been held as acts of waging war against India by the Supreme Court. Afzal Guru, the convict in the case of attack on Parliament made a clemency petition to the President. Ajmal Kasab, the accused of Mumbai attack, also made a clemency petition to the President. The acts of violence perpetuated by the above accused amount to waging war against India and, therefore, should not be considered on par with other offences. The feeling of law-abiding citizens of India is that the sentence be executed immediately and such convicts should not be given the benefit of exceptional provision in the Constitution of India. Therefore, the provision of President's discretion of pardoning or suspending the sentence pronounced by the Supreme Court of India should not be available to persons convicted of offence like waging of war against Government of India. Hence this Bill. NEW DELHI; KRUPAL TUMANE October 26, 2019SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 205 BILL NO. 266 OF 2019 A Bill to provide for the constitution of the National Inspection and Investigation Committee for preparation of Uniform Civil Code and its implementation throughout the territory of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Uniform Civil Code Act, 2019. 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) "Uniform Civil Code" means the common civil code or common law for every citizen residing in India irrespective of religion and caste.206 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "Committee" means the National Inspection and Investigation Committee constituted under section 3; and (c) "prescribed" means prescribed by rules made under this Act. Constitution 3. (1) The Central Government shall, within a period of six months from the coming into of the force of this Act, constitute a Committee to be known as the National Inspection and National Investigation Committee for the purpose of preparation of Uniform Civil Code and its Inspection and implementation in the country. Investigation Committee. (2) The Committee shall consist of— (a) a Chairperson, who has been a retired Chief Justice of India to be nominated by the Central Government in such manner, as may be prescribed; (b) the Union Minister of Home Affairs—ex-officio member; (c) the Union Minister of Law and Justice—ex-officio member; (d) two members who have been the retired Chief Justices of the High Courts, to be nominated by the Central Government in such manner, as may be prescribed; (e) one member, to be nominated by the Central Government in such manner, as may be prescribed, from amongst persons of eminence having adequate knowledge and experience in law. (f) one member, to be appointed by the Central Government in such manner, as may be prescribed, from amongst officers of the Indian Administrative Service—ex-officio Secretary; (3) The Chairperson and the members of the Committee shall hold office for a period of three years. (4) The salary and allowances payable to and other terms and conditions of the Chairperson and other members shall be such as may be prescribed. (5) The Central Government shall provide such number of Officers and staff to the Committee, as may be necessary, for its efficient functioning. (6) The Committee shall have the power to regulate its own procedure. Functions of 4. (1) It shall be the duty of the Committee to take such steps, as it may deem appropriate, the for the codification and implementation of the Uniform Civil Code in the country. Committee. (2) Without prejudice to the generality of the foregoing provision, the Committee shall ensure:— (a) implementation of Uniform Civil Code in entire geographical territory of India; (b) that the Uniform Civil Code is applicable for marriage, divorce, succession, adoption, guardianship and partition of land and assets on all citizens without any discrimination; (c) right to equality as guaranteed under article 14 and prohibition of discrimination of any citizen on the basis of religion, caste and gender is referred to under article 15 of the Constitution; (d) gender equality in implementation of the Uniform Civil Code; and (e) substitution of the personal laws (laws based on religious texts and traditions) by Uniform Civil Code. Central 5. The Central Government shall, after due appropriation made by Parliament by law in Government this behalf, provide adequate funds to the Committee for carrying out the purposes of this to provide Act. adequate funds to the Committee.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 207 6. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may make such order or give such direction, not inconsistent with the provisions remove difficulties. of this Act, as may appear 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 commencement of this Act. 7. The provisions of this Act and rules made thereunder shall have effect Act to have notwithstanding anything inconsistent therewith contained in any other law for the time overriding effect. being in force. 8. (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.208 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In 1840, on the basis of Lex Loci Report, Uniform Law was framed for crimes, evidences and annexure but left out some personal laws of the Hindus and the Muslims from the purview of Uniform Civil Law. On the other hand, the British Indian Judiciary had facilitated application by the British Judges under the English Laws. Besides, in those days many social reformers were voicing to make laws to do away with the discrimination against women done under the Sati and other religious customs. In the Constituent Assembly, while on the one hand there were people like Dr. B.R. Ambedkar who desired reforms in the society and wanted to accept the Uniform Civil Code, there were also Muslim representatives who took side of retaining the Personal Laws based on religious enshrines. Due to this there was opposition of the Uniform Civil Code by the minority communities. As a result, regarding the Uniform Civil Code, only one line could be added as article 44 under Part IV as Directive Principles of State Policy in the Constitution. In this, it is stated that the State shall endeavour to secure for citizens a Uniform Civil Code throughout the territory of India. Since the Uniform Civil Code has been included in the Directive Principles of State Policy of the State, hence these laws cannot be implemented by the Constitution. Besides, due to its political anomaly no Government showed proper will power to implement these constitutional provisions, because the minorities, especially the Muslims believed that the Uniform Civil Code will lead to the violation of their personal laws. Hence, only to compile the Hindu Laws, the Bills like the Hindu Marriage Act, 1955; the Hindu Succession Act, 1956; the Hindu Minority and Citizenship Act, 1956; and the Hindu Adoptions and Maintenance Act, 1956 were passed which are collectively known as the Hindu Code Bill. In this Bill, alongwith the Buddhist, Sikh, Jain, laws related to different religious communities of the Hindus are included vide which the women have been given right to divorce and succession and caste has been termed irrelevant for marriage. Also, polygamy has been done away with. In the present context, it seem our country is divided in three words in two classes on Uniform Civil Code, namely political, social and religious. In the Shah Bano Case, the Supreme Court decided that section 125 of the Indian Penal Code is applicable to all irrespective of religion, caste or community. The court directed that Shah Bano must be provided with living expenses. The then Chief Justice Y.V. Chandra said that Uniform Civil Code would end the dissimilarities in the Indian law which would help in establishing national unity. Hence, the Supreme Court had directed the Parliament to make law related to the Uniform Civil Code. Sarla Mudgal Case Vs. the Union of India is the second example vide which the Supreme Court under article 44 had again directed the Government. The Supreme Court said that adopting Islam for marriage is a misuse of the personal laws. It said that a Hindu marriage can be dissolved only under the Hindu Marriage Act, 1955 which means after adopting Islam the marriage performed thereafter cannot be dissolved under the Hindu Marriage Act and it is a crime under section 494(5) of the Indian Penal Code. In John Vellamettam Vs. Union of India, the Supreme Court declared section 118 of the Indian Succession Act, 1925 as unconstitutional. Justice Khare said, "It is mentioned in article 44 that the State of India will strive to provide Uniform Civil Code to all citizens in its entire. But it is said that article 44 as mentioned in the Constitution has not been implemented properly. But the Uniform Civil Code would help in establishing national integration by avoiding contradictions on the grounds of ideologies". The decision to implement the Juvenile Justice (Care and Protection of Children) Act, 2015 seems to be a step towards Uniform Civil Code since this Act permits the people of Muslim community to adopt children whereas Muslims are not permitted or allowed to adopt children under their personal laws. The Supreme Court has again asked the Government to implement the Uniform Civil Code so as to end gender inequality and wrong traditions prevalent under the personal laws.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 209 Under the Uniform Civil Code a collection of laws will be prepared which will protect the personal rights of all citizens without considering the religion, which seems to be the need of the hour. In reality this is the foundation stone of the secularism. Such progressive reforms will not only help to end discrimination against women but also help in strengthening the secular structure and encourage integrity. In fact our social system is replete with injustice, discrimination and corruption and are in conflict with our fundamental rights, hence it needs to be reformed. As we know that there is Penal Code in our country which is equally applicable to all without considering the religion, caste and domicile. But there is no uniform law in our country with regard to divorce and succession and these subjects are controlled by the personal laws. Hence the Uniform Civil Code should be ensured to all citizens residing in areas where the population of entire geographical area resides. Hence this Bill. NEW DELHI; KRUPAL TUMANE October 25, 2019.210 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of the National Inspection and Investigation Committee. It also provides for the salary and allowances of the Chairperson, members, officers and staff of the Committee. Clause 4 provides that the Committee shall take steps for codification and implementation of the Uniform Civil Code in the country. Clause 5 provides that the Central Government shall provide adequate funds to the Committee. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees five hundred 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. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 211 BILL NO. 247 OF 2019 A Bill to provide for compulsory voting by the electorate in the country and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Compulsory Voting Act, 2019. Short title, extent and (2) It extends to the whole of India. commence- ment. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. (1) On and from the date of commencement of this Act, it shall be compulsory for Voting to be every citizen, who is eligible to vote at an election, to exercise his right to vote at an election compulsory for all when called for by the Election Commission: citizens.212 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that a citizen may be exempted from exercising his right to vote— (a) if he is physically incapacitated due to old age or an illness of a serious nature and produces a medical certificate from a registered medical practitioner certifying such incapacity; or (b) if he is physically challenged and is unable to go to a polling booth on his own; or (c) if she is a pregnant woman and not in a position to withstand the physical strain; or (d) if he, in the opinion of the Election Commission, suffers from a disability or infirmity of a nature, which makes him incapable of going to the polling booth on his own; or (e) if he is undergoing indoor treatment in a hospital. (2) Notwithstanding anything in sub-section (1), the Election Commission may allow a suitable attendant to aid or facilitate a citizen, exempted from exercising his right to vote, to exercise his right, if he makes a request to the Election Commission to this effect. Adequate 3. (1) It shall be the duty of the Election Commission to set up adequate number of number of polling booths at convenient locations, in every Assembly and Parliamentary constituency. polling booths. (2) The polling booths shall be set up in such a way that the distance between two polling booths does not exceed one kilometre: Provided that in hilly, forest or desert regions, the Election Commission may set up mobile polling booths according to geographical convenience and density of population. Facilities to 4. Subject to such rules as may be prescribed, any citizen who is eligible to vote at an be provided election and exercises his right to vote shall be provided with the following facilities:— to persons who cast (a) foodgrains and other consumable items at subsidized rates through the their vote. public distribution system; (b) social security benefits including old age pension, disability pension and healthcare facilities; Punishment. 5. (1) The Election Commission shall cause to be prepared a list of names of all eligible citizens, who have not cast their votes, and submit it to the Central Government or the State Government, as the case may be. (2) Any citizen, who fails to cast his vote shall— (i) be liable to a fine of rupees five hundred for first failure and rupees ten thousand for each subsequent failure; (ii) be rendered ineligible to contest any election for a period of ten years from the date he failed to cast his vote; (iii) be not eligible for any service under the Government; (iv) be not eligible for any housing scheme launched by the Government; (v) be not eligible to draw any foodgrain from public distribution system; and (vi) be not eligible to subsidy in any form by the Government. Power to 6. (1) The Central Government may, by notification in the Official Gazette, make make rules. rules for carrying out the purposes of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 213 (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.214 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India is the largest democracy in the world. It has a strong Parliamentary System. Since 1951, free and fair elections to the Houses of Parliament, State Legislatures and local bodies have been held at regular intervals. Indian elections are a benchmark for many other countries. At present a candidate is declared as elected even if he secures one vote more than the votes polled to his nearest candidate. Though he has won the seat, yet he may not have the support of even half of the electors. In the true sense, he is not representing the constituency from which he has been elected. The percentage of votes polled at every election is decreasing which shows that people are not willing to participate in the election process. Sometimes in some of the constituencies, as low as thirty per cent. of the total votes are polled. Therefore, it is proposed to make voting compulsory so that the people can participate in a large number. It is also proposed to provide certain incentives to those voters who exercise their right to vote in elections to the House of the People or State Legislatures. It is also proposed to provide certain punitive measures to those who do not exercise their right to vote. Hence this Bill. NEW DELHI; KRUPAL TUMANE October 25, 2019. ————— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for setting up of adequate number of polling booths in every constituency during election. Clause 4 provides for certain facilities to those voters who cast their votes at an election. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees two hundred crore is likely to be involved. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 6 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. Since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 215 BILL NO. 66 OF 2020 A Bill further to amend the Narcotic Drugs and Psychotropic Substances Act, 1985. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Narcotic Drugs and Psychotropic Substances Short titleand (Amendment) Act, 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.216 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 2. In section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 of section 2. (hereinafter referred to as the principal Act),— (a) for clause (viia), the following clause shall be substituted, namely:— "(viia) 'commercial quantity', in relation to,– (a) narcotic drugs other than hemp (ganja) and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette; and (b) hemp (ganja) means two thousand and five hundred grams of ganja;"; (b) for clause (xxiiia), the following clause shall be substituted, namely:— "(xxiiia) 'small quantity', in relation to,– (a) narcotic drugs other than hemp (ganja) and psychotropic substances means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette; and (b) hemp (ganja) means two hundred and fifty grams of ganja;". Amendment 3. In section 20 of the principal Act, in clause (b), in sub-clause (ii),— of section 20. (a) in entry (A), for the words, "one year", the words "three years" shall be substituted; and (b) in entry (B), for the words, "ten years", the words "seven years" shall be substituted. Amendment 4. In section 37 of the principal Act, in sub-section (1), in clause (b), for the words of section 37. "section 19" the words "section 19 or entry (B) of sub-clause (ii) of clause (b) of section 20" shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 217 STATEMENT OF OBJECTS AND REASONS As per the Narcotic Drugs and Psychotropic Substances Act, 1985, the penalties are divided into three categories based on quantity of drugs (small, medium and commercial). In respect of drugs involved in small quantity cases the offence is bailable and penalty is much lesser. However, the small quantity fixed as per the NDPS Act is not actually small. In the case of Ganja, the small quantity is one kg. Hence the person who possess 999 gram of Ganja will get the bail and he will be able to restart his criminal activity on the same day. Thus the fixing of one kg. as small quantity, many of the smugglers and carriers are utilizing this provisions and is trafficking the substances in quantities less than one kg. to get off with fine in caught. The organized criminals are misusing the provision and it creates threat to the society and handicap to the enforcement agencies. Moreover, Ganja does not have any legal bona fide use for normal citizens. In order to take strong action against those who indulge in the drug trafficking, there should not be any discrimination based on quantity. Thus permitting possession of one kg. is promoting it trafficking. The National Drugs Dependence Treatment Centre (NDDTC), All India Institute of Medical Sciences (AIIMS), New Delhi was entrusted with the responsibility to lead the technical and scientifice aspects of the National Survey which was conducted in all the thirty-six States and UTs of the country, in collaboration with ten oher medical institutes and a network of fifteen NGOs. This is the first occasion in the history of the country when effort has been made to study and document substance use from all the States and UTs of the country. More than 1500 personnel were involved in data collection exercise which was conducted between December 2017 and October 2018. The NDDTC and AIIMS in this report titled" ... of Substance use in India, 2019" also has recommended as follows:— "Considering the enormous challenge of substance use disorders in the country, there is an urgent need of policies and programmes which can bring relief to the large number of affected Indian citizens. It is imperative that these policies and programmes are based upon the scientific evidence and take into consideration the local, socio-cultural context. Substance use Disorders are clearly a significant public health concern in the country, as evident by the findings contained in this report. Thus, we now discuss various measures which must be undertaken to enable the country, deal with this concern.". The Bill, therefore, seeks to amend the Narcotic Drugs and Psychotropic Substances Act, 1985 with a view to— (a) include ganja with two thousand and five hundred grams under the commercial quantity; (b) include ganja with two hundred and fifty grams under the small quantity; (c) increase punishment for producing, manufacturing and possessing, etc. small quantity cannabis; (d) reduce punishment for producing, manufacturing and possessing, etc. quantity less than commercial quantity and greater than small quantity cannabis; and218 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (e) restrict on release on bail or on his own bond to a person accused of producing, manufacturing and possessing, etc. cannabis either in commercial quantity or less than commercial quantity but greater than small quantity. NEW DELHI; E.T. MOHAMMED BASHEER February 6, 2020.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 219 BILL NO. 218 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title. 2. After article 300A of the Constitution, the following article shall be inserted, Insertion of namely:— new article 300B. "300B. (1) Notwithstanding anything in article 300A, the Parliament or the Right to legislature of a State shall not make any law which deprives any citizen to acquire, acquire, hold and dispose of hold and dispose of property in any part of the territory of India. property in any part of (2) Any law in force in the territory of India immediately before the the territory commencement of the Constitution (Amendment) Act, 2019, in so far it is inconsistent of India. with the provisions of clause (1), shall, to the extent of such inconsistency, be void.".220 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Food, clothing and housing are the basic needs of human life. In our country, it is the duty of the Government to provide basic facilities to its citizens. The Constitution provides certain fundamental rights to all the citizens both individually as well as collectively. However, even today, there are several States in our country where the citizens belonging to another State don't have the right to purchase land or house. Every Indian citizen should be conferred upon the right to purchase land or house anywhere in any part of the territory of the country. Nonetheless, such arrangements have not yet been put in place to enable citizens of our country so that they can purchase land and house in any part in any State according to his own will. Therefore, in order to attain the socialist objectives enshrined in the Constitution, the provisions of right to purchase land or house anywhere in any State is being proposed for incorporation in the Constitution. Hence this Bill. NEW DELHI; GOPAL CHINAYYA SHETTY July 16, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 221 BILL NO. 18 OF 2020 A Bill further to amend the Prevention of Insults to National Honour Act, 1971. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Prevention of Insults to National Honour Act, 2020. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 69 of 1971. 2. In section 2 of the Prevention of Insults to National Honour Act, 1971, in Amendment Explanation4, after clause (1) the following clause shall be added at the end, namely:— of section 2. ‘‘(m) display by any regional or national political party of its election symbol in the centre or any other part of the Indian National Flag.’’222 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Shri Pingali Venkaiyananda Ji envisaged Indian National Flag and it was adopted in its present form by the Constituent Assembly of India in its meeting held on 22nd July, 1947, i.e. a few days before the independence of India on 15th August, 1947 and thereafter it was adopted by the Indian Republic. In our country "Tricolour" refers to the Indian National Flag. Indian National Flag represents the expectations and aspirations of the citizens of the country. It is not only the symbol of our national pride, but also a symbol of dignity and respect of the country. Personnel of the Armed Forces including many citizens have sacrificed their lives to keep the dignity of tricolour intact over the period of the last six decades. Our National Flag represents expectations and aspirations of the people of the whole country. Therefore, it is necessary that no regional or national political party of the country should display the National Flag in its election symbol. The Bill, therefore, seeks to amend the Prevention of Insults to National Honour Act, 1971 to maintain honour to the Indian National Flag. Hence this Bill. NEW DELHI; GOPAL CHINAYYA SHETTY November 27, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 223 BILL NO. 13 OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2020. Short title. 2. In article 312 of the Constitution,— Amendment of article (i) in clause (1), the words "(including an all-India judicial service)" shall be 312. omitted; and (ii) after clause (1), the following clause shall be inserted, namely:— "(1A) Notwithstanding anything in Chapter VI of Part VI or Part XI, the Parliament shall, within one year of the coming into force of this Act, by law, provide for the creation of an all-India judicial service common to the Union and the States, and, subject to the other provisions of this Chapter, which shall also apply mutatis mutandis to all-India judicial service, regulate the recruitment, and the conditions of service of persons appointed to all-India judicial service.".224 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS There is a provision in the Constitution under article 312 for creation of All-India Services. Under this article, the Indian Administrative Service, the Indian Police Service, the Indian Foreign Service and the Indian Forest Service have been created by law, from time to time, but the creation of all-India judicial service is still awaited. In 1976, necessary amendments in the Constitution were made to create all-India judicial service but still the same has not been created. Now, it is felt by the civil society and citizens that proper representation of all sections of the society be made in the judic ial service. Therefore, the Bill seeks to amend the Constitution with a view to provide that the Parliament shall, within one year of the coming into force of this Act, by law, provide for creation of an all-India judicial service common to the Union and the States. Hence this Bill. NEW DELHI; GOPAL CHINAYYA SHETTY November 27, 2019SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 225 BILL NO. 307 OF 2019 A Bill further to amend the Indian Easements Act, 1882. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Indian Easements (Amendment) Act, 2019. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 5 of 1882. 2. In section 15 of the Indian Easements Act, 1882 (hereinafter referred to as the Amendment of principal Act), Explanation IV. shall be omitted. section 15. 3. In section 17 of the principal Act, clause (d) shall be omitted. Amendment of section 17. 4. In section 28 of the principal Act, clause (d) shall be omitted. Amendment of section 28.226 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Indian Easements Act, 1882 was enacted to define and amend the law relating to Easements and Licenses. The Supreme Court has held that water is a public trust and that the public trust doctrine is part of the law of the land. It is now essential to make citizens the public trustees of ground water and ensure that the State perform its duties under article 39 of the Constitution of India to ensure that ownership and control of the material resources of the community are so distributed as best to sub-serve the common good, and also to ensure that operation of the economic system does not result in the concentration of the means of production to the common detriment. Therefore, colonial era laws such as the Indian Easements Act, 1882 need to be amended to compensate for archaic redundancies. The Draft National Water Framework Act, 2011, the Draft National Water Framework Bill, 2013 and the Draft National Water Framework Bill, 2016 have all recognized water to be held in public trust. The NITI Aayog's Composite Water Management Report, 2019 suggests that industrial water requirement will quadruple between 2005 and 2030. It also reports that industries will need to draw three times the water compared to their actual consumption by the year 2030 due to water efficiency challenges. Groundwater accounts for forty per cent. of India's water supply, including sixty-two per cent. of irrigation water. Due to this dependence, there has been a demand to prevent private enterprises from exploiting groundwater as it is the collective heritage of all who depend on it for their lives and livelihood. There is an urgent need to democratize water resources. The Bill, therefore, seeks to amend the Indian Easements Act, 1882 so as omit the provisions contained therein that allow for the privatization of groundwater and pollution of air and water. Hence this Bill. NEW DELHI; LAVU SRI KRISHNA DEVARAYALU October 29, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 227 BILL NO. 322 OF 2019 A Bill further to amend the Representation of the People Act, 1951. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Representation of the People (Amendment) Act, Short title 2019. and com- mencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. After section 127A of the Representation of the People Act, 1951, the following Insertion of section shall be inserted, namely:— new section 127B. "127B. (1) No person shall print or publish, or cause to be printed or published, Duty to an election manifesto unless the manifesto contains:— publish responsible (a) a rationale for the promises made to any section of citizens or residents manifesto. of India; and228 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) the general means by which the financial requirements for the promises, schemes and initiatives shall be satisfied. (2) An election manifesto shall not contain anything, including illustrations, which is repugnant to the ideals and principles enshrined in the Constitution or which is in the nature of a promise seeking to alter the basic structure of the Constitution. (3) Every political party, candidate or his agent, who seeks to publish an election manifesto, shall, before three days of its release, submit three copies of the manifesto to the concerned Chief Electoral Officer along with its English version in case the manifesto is in a language other than English. (4)While submitting copies of an election manifesto under sub-section (3), every political party, candidate or his agents shall make— (a) a declaration stating that the contents to be published in the manifesto are in consonance with paragraph VIII of the Model Code of Conduct issued by the Election Commission; and (b) a satisfactory elucidation of the proposed finances and means to meet the financial requirements for the promises and schemes. (5) If in the opinion of the Election Commission the conditions specified in sub-section (4) have not been adequately satisfied by any political party or a candidate or an agent, the Election Commission may exercise its powers under section 146 to satisfy itself of the same. (6) Any political party, candidate or agent or any other person who contravenes the provisions of this section shall be punishable with fine which may extend up to five thousand rupees.’’.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 229 STATEMENT OF OBJECTS AND REASONS The Representation of the People Act, 1951 was enacted to provide for the conduct of elections of the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. The Supreme Court in its judgment in the matter of S. Subramaniam Balaji and Anr V. Government of Tamil Nadu and others on July 5th, 2018 noted that there was scope for the misuse of election manifestos to 'shake the roots of free and fair elections to a large degree' and that there was no enactment to govern the contents of election manifestos. The supreme Court, therefore, urged the Election Commission to urgently frame guidelines for the same. Paragraph VIII of the Model Code of Conduct issued by Election Commission of India states that in the interest of transparency, a level playing field and credibility of promises, it is expected that manifesto also reflect the rationale for the promises and broadly indicate the ways and means to meet the financial requirement for it. It further states that political parties should avoid making those promises which are likely to vitiate the purity of the election process or exert undue influence on the voters in exercising their franchise. Therefore it is essential that promises which are repugnant to the ideals and principles enshrined in the constitution are not permitted to be published with the aim to mislead the electorate. To further ensure that manifestos are not used to elude the scrutiny of the Model Code of Conduct, the Bill seeks to ensure an accounting of finances for all promises, schemes, and initiatives by the Election Commission. Trust of voters should be sought only on those promises which are possible to be fulfilled. The Bill seeks to achieve the above objectives. NEW DELHI; LAVU SRI KRISHNA DEVARAYALU October 29, 2019.230 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 258 OF 2019 A Bill further to amend the Antiquities and Art Treasures Act, 1972. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title 1. (1) This Act may be called the Antiquities and Art Treasures (Amendment) Act, and 2019. commencement. (2) It shall come into force on such date as the Central Government may, notification in the Official Gazette, appointment. Amendment 2. In section 2 of the Antiquities and Art Treasures Act, 1972 (hereinafter referred to 52 of 1972. of section 2. as the principal Act), in sub-section (1),- (a) in clause (a), in sub-clause (I), for entry (iv), the following entry shall be substituted, namely:— "(iv) any article, object or thing of historical interest including— (a) rare collections and specimens of fauna, flora, minerals and anatomy, and objects of paleontological interest;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 231 (b) property relating to history including the history of science and techology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance; (c) products of archaeological excavations or of archaeological discoveries; (d) elements of artistic or historical monuments or archaeological sites which have been dismembered; (e) archives, including sound, photographic and cinematographic archives; ( f ) any manuscripts, publications, artistic or literary work that has historical or archaeological value singly or collectively; (g) any work of art or sculpture in any material; (h) any movable object or aggregate of things of artistic, historical or archaeological value or from other areas of cultural heritage, in particular of paleontological, ethnographic, numismatic or scientific value; and (i) any such object or objects of any nature which, on religious or secular grounds, is specifically designated by the competent authority as being of importance for archaeology, prehistory, history, literature, art or science; Explanation.—For the the purposes of sub-entry (h), "aggregate of things" shall mean several related cultural objects, in particular archival holdings, library holdings, estates, collections or parts thereof;"; (b) after clause (d), the following clauses shall be inserted, namely:— "(da) "National Authority" means the National Authority for the Protection of Cultural Heritage constituted under section 3A; (db) "national cultural object" mean any cultural object,— (i) Created by the individual or collective genius of nationals of India or persons of Indian origin and is an object of importance or has been created within the territory of India by foreign nationals or stateless persons resident within such territory; (ii) found within the national territory; (iii) acquired by archaeological, ethnological or natural science missions, with the consent of the competent authorities of the country of origin of such object; (iv) received as a gift or purchased legally with the consent of the competent authorities of the country of origin of such property; (v) publicly owned and part of the collection of a public-law institution preserving such object; and (vi) where the competent authority is granted permission by the lender or depositor to preserve a cultural object, such object shall also temporarily be considered national cultural object for the duration of the loan or deposit contract, as the case may be;"; and (dc) "Register" shall mean the Register of Antiquity and National Cultural Objects as maintained under section 3C;". 3. In section 3 of the principal Act, after sub-section (2), the following sub-section Amendment shall be inserted, namely:— of section 3. "(2A) Every person shall, notwithstanding ownership of a antiquity or national cultural object, surrender such antiquity or national cultural object, which as not been entered232 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— into the register and for which a license has not been issued, to the National Authority or any other institution as designated by the National Authority in such manner as may be prescribed. (2B) An antiquity or national cultural object which has been unlawfully excavated or lawfully excavated but unlawfully retained shall be considered stolen and be surrendered to the National Authority or any other institution as designated by the National Authority. (2C) No antiquity or cultural property documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in any country which is stolen from such institution may be imported into the territory of India: Provided that where the antiquity may be reasonably subjected to destruction or degradation or where the antiquity is reasonably suspected to be a national cultural object then such an antiquity or national cultural property may be imported into the territory of India." Insertion of new 4. After section 3, the following section shall be inserted, namely:— sections 3A, 3B and 3C. National "3A. (1) The Central Government shall constitute an Authority, to be known as Authority for the National Authority for the protection of Cultural Heritage, to exercise the powers the conferred upon, and to perform the functions assigned to it, under this Act. protection of Cultural (2) The National Authority shall consist of:— Heritage. (a) the Director General of the Archaeological Survey of India, Chairperson, ex-officio; (b) the Director General of the Department of Revenue Intelligence, member ex-officio; (c) an official from the Union Ministry of External Affairs not below the rank of Joint Secretary, member ex-officio; (d) a reputed archaeologist with considerable experience in identifying stolen artifacts and treasures, part-time member; (e) a reputed conservationist with more than ten years of experience; (f) an officer of a Union law enforcement agency, to be appointed by the Central Government in such manner as may be prescribed. Functions of 3B. (1) The National Authority shall,— National Authority. (a) take steps to ensure the repatriation of all stolen and illegally exported national cultural objects; (b) prevent the export of antiquity and national cultural objects that have not been listed on the Register; (c) prevent the export of antiquity and national cultural objects that may reasonably be damaged or destroyed in the territory to which it is being exported; (d) maintain the register as provided in section 3C; (e) carry out a review of the status of national cultural objects that have been leased or exported to another country; (f) ensure the compliance of the provisions of the Act; and (g) carry out such other function as notified by the Central Government.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 233 (2) The National Authority may, in consultation with the Central Government, make regulations, consistent with the provisions of this Act and the rules made thereunder, for the discharge of its functions and perform its duties under this Act. 3C. (1) The National Authority shall maintain and update the Register of Antiquity Register of and National Cultural Objects in such manner as may be prescribed. Antiquity and National Cul- (2) The Register maintained under sub-section (1) shall contain details of,- tural Objects. (a) every antiquity within the territory of India which license has been issued; and (b) every National Cultural object within or outside the territory of India or owned by a religious community or by legal or real persons.". 5. In section 4 of the principal Act after the words " unless the Central Government on Amendment an application made to it in this behalf, otherwise directs." the words "or unless the National of section 4. Authority on an application made to it in this behalf, otherwise directs." shall be inserted. 6. After section 26 of the principal Act, the following sections shall be inserted, namely:— Insertion of new section 26A. 26A. (1) Any person who trades in antiquity shall not import, export or transfer Traders shall the ownership of such antiquity when they have reasonable cause to believe that it not be deemed to has been stolen, illegally alienated, clandestinely excavated or illegally exported. guarantee (2) Any person who is acting as an agent for the seller of antiquity shall not be title of stolen and illegal deemed to guarantee title to the property, unless he makes known to the buyer the full antiquity. name and address of the seller. (3) Any person who trades in import, export or transfer of antiquity has reasonable cause to believe that an item of cultural property has been illegally exported shall not assist in any further transaction with that item, except with the agreement of the country of export. 26B. (1) Any person who trades in export or transfer of antiquity product of a Return of clandestine excavation or has been acquired illegally or dishonestly from an official illegally excavation site or monument shall not assist in any further transaction with that object, excavated object. except with the agreement of the country where the site or monument exists. (2) Any person who trades in import, export or transfer of antiquity is in possession of the illegal antiquity as mentioned under sub-section (1), and the country where the site or monument exists seeks its return within a reasonable period of time, such person shall take all legally permissible steps to co-operate in the return of that object to the country of origin. 26C. (1) Any person who trades in import, export, transfer or ownership in cultural Prevention of property shall not exhibit, describe, attribute, appraise or retain any item of cultural illicit transfer property with the intention of promoting or failing to prevent its illicit transfer or export. and export. (2) Any person who trades in import, export, transfer ownership shall not refer the seller or other person offering the item to those who may perform such service. 26D. (1) Any person who trades in import, export, transfer ownership in antiquity Prevention of shall not dismember or sell separately parts of one complete item of cultural property. dismemberment of cultural (2) Any person who trades in import, export, transfer ownership in antiquity property. shall ensure to the best of their ability to keep together items of antiquity that were originally meant to be kept together. 26E. Any person who contravenes any of the provisions of sections 26A, 26B, Penalty. 26C or 26D shall be punishable with imprisionment for a term which shall not be less than one year but which may extend upto three years and with fine amounting to five times the value of the antiquity or ten times the value of the national cultural object, whichever is higher.".234 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Antiques and Art Treasures Act, 1972 was enacted to regulate the export trade in antiquities and art treasures, to provide for the prevention of smuggling of, and fraudulent dealings in, antiquities, to provide for the compulsory acquisition of antiquities and art treasures for preservation in public places and to provide for certain other matters connected therewith or incidental or ancillary thereto. In other to facilitate the legal trade of antiquity and concomitantly ensure the preservation of national cultural heritage the Antiques and Art Treasures (Amendment) Bill, 2019, Inter alia seeks to:— (a) establish the National Authority for the protection of cultural heritage; (b) preserve the tangible cultural heritage objects both within and outside the territory of India; (c) establish the Register of Antiquity and National Cultural Objects; (d) enumerate the duties and conduct of traders of antiquity and cultural heritage; (e) ensure compliance of International conventions ratified by the country; and (f) prevent the fragmentation of antiquity and National Cultural Object. Hence this Bill. NEW DELHI; LAVU SRI KRISHNA DEVARAYALU October, 29, 2019. ————— FINANCIAL MEMORANDUM Clause 4 of the Bill Vide proposed section 3A provides for the constitution of the National Authority for the Protection of Cultural Heritage. It also provides for the appoint- ment of part-time members to the Authority. It further provides for maintenance and updation of the Register of Antiquity and National Cultural Objects by the Authority. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees twenty crore will be involved as recurring expenditure per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees four crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 4 of the Bill vide proposed sub-section (2) of section 3B provides that the National Authority may, in consultation with the Central Government, make regulations, consistent with the provisions of this Act and the rules made thereunder, for the discharge of its functions and perform its duties under the Act. It also vide proposed sub-section (1) of section 3C provides that the National Authority shall maintain and update Register of Antiquity and National Cultural Objects in such manner as may be prescribed. As the matters in respect of which rules and regulations may be made under the aforesaid provisions are matters of procedure and administrative details, the delegation of legislative power is, therefore, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 235 BILL NO. 25 OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2020. Short title. 2. After article 14 of the Constitution, the following article shall be inserted, namely:— Insertion of new article 14A. "14 A. (1) Every citizen, who is above the age of eighteen years and not otherwise Right to Vote. disqualified under this Constitution or any other law for the time being in force, shall have the right to vote in any election to the House of the People or to the Legislative Assembly or to the institution of local-self Government.236 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) Every citizen who is registered as voter but not physically present within the geographical limits of the polling booth or constituency or the State concerned shall have the right to vote through the use of digital technology or such other method as may be facilitated by the State. (3) For the purposes of clause (2), the State shall,— (a) set up such number of ad hoc electronic polling booths, as may be necessary, to enable every voter, who is not present, at the time of election, within the geographical limit of the polling station or constituency or the State where he is registered as a voter for any valid reason like employment, medical treatment of self or any family member or studies in any recognised university or educational institutions, to exercise his right to vote at such electronic polling booths; (b) set up ad hoc electronic polling booths attached with Embassy of India located abroad in friendly countries to enable every citizen, who is registered as voter in India and temporarily residing in any friendly country for any valid reason like employment, medical treatment of self or any family member or studies in any recognised university or educational institutions in that friendly country, to cast his vote from there during elections.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 237 STATEMENT OF OBJECTS AND REASONS In India the right to active suffrage continues to be only a legal right and not a Fundamental Right included in part III of the constitution. There are fundamental differences between a fundamental right and legal right. A legal right is only an off shoot of a mundane legislation violatable with little or scant consequences. But a fundamental right is one which is inalienable and irreducible and any citizen who is a voter can resort to constitutional remedies such as invoking the writ jurisdiction of High Courts and the Apex Court when his right to vote is illegally denied by the State or any organ of the State or by the rich with active connivance of the agencies of the State or otherwise. In all elections sizeable chunk of citizenry goes not included in the voters list and still, large number of voters remain incapacitated from exercising the right to vote due plethora of reasons beyond their control. This reduces the meaning of democracy and plutocracy masquerades as democracy. Out migration from this country for the sake of employment, pursuit of education and temporary domicile abroad due to various reasons and the stay of citizens of a particular State in other States for various reasons results in wasting of the valuable right to vote by millions of voters. This negates democracy. Once electronic ad hoc polling booths are established as per the need of the citizens who are voters the present non-exercise of the right to active suffrage can be done away with. As Abraham Lincoln said democracy is possible when Government of the people, by the people and for the people becomes a living reality. But statistics eloquently reveals that large number of citizens are not included in the voters list and often majority of citizens included in the voters list are not in a position to cast their votes. The present State where moneyed class can mortify the legal right of the poor to vote can be changed only by elevating the right to vote into an irreducible and inalienable fundamental right. The Bill, therefore, seeks to amend the Constitution with a view to:— (a) guarantee every citizen who is above the age of eighteen years and has not been otherwise disqualified under this Constitution or any other law for the time being in force the right to vote to in any general election or bye election to the House of the People or to the Legislative Assembly or to the institution of local-self Government of a State; (b) set up ad hoc electronic polling booth in such place either within the territory of India or attached to every embassy of India of a friendly nation of India to facilitate voting by citizens registered as voter in any general election or bye election to the House of the People or to the Legislative Assembly or to the institution of local-self Government if such citizen is physically present in any place other than the place where his polling booth is situated either in his home State or in any other than State or in a friendly nation of India, as the case may be, to ensure exercise of right to vote by the registered voter irrespective of the fact whether he is physically present in the geographical limits of the constituency or polling booth concerned or not through the use of digital technology or such other methods as may be facilitated by the State. The Bill seeks to achieve the objective. NEW DELHI; ANTO ANTONY November 11, 2019.238 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill seeks to provide for setting up of ad hoc electronic polling booth in such place either within the territory of India or attached to every embassy of India of a friendly nation of India to facilitate voting by citizens registered as voter in any election to the House of the People or to the Legislative Assembly or to the institution of local-self Government through the use of digital technology or such other methods as may be facilitated by the State if such citizens are physically present in any place other than the place where his polling booth is situated. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees Eighty Five Crore will be involved per annum from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 239 BILL NO. 68 OF 2020 A Bill further to amend the Rights of Persons with Disabilities Act, 2016. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Rights of Persons with Disabilities (Amendment) Short title and Act, 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. After section 18 of the Rights of Persons with Disabilities Act, 2016, the following Insertion of section shall be inserted, namely:— new section 18A. "18A. (1) Notwithstanding anything contained in any judgement, decree or No student order of any court or any of the provisions of the National Medical Commission Act, with disability who has 2019 or any other law or regulation for the time being in force, any person with any form cleared of disability, who clears a selection test for admission to any under graduate, post selection test graduate or diploma course in medical science as recognized by the Medical Council of to be denied admission to India, shall not be denied admission in such course on ground of such disability. and completion of medical education.240 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) No student who has been admitted to any medical course as recognized by National Medical Commission and who by reason of disability either prior to the admission or subsequent to the clearing of selection test or during the course of the medical course shall be incapacitated from completing such medical course on ground of such disability. (3) If where a student, who suffers from any form of disability either prior to or after admission into a medical course, finds it difficult to perform in practical classes involving dissection or surgery, he shall be given facility of attending additional theory classes so as to compensate the practical knowledge which he might have otherwise gained but for the physical disability.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 241 STATEMENT OF OBJECTS AND REASONS The preamble to the universal declaration of the Human Rights, which came into force on December 1948 reads as "whereas recognition of inherent dignity and the equal and inalienable rights of all members of human family is the foundation of freedom, justice and peace in the world". Over a period of time, the conceptual understanding of the rights of persons with disabilities has become more clear and there has been worldwide change in approach to handle the issue concerning persons with disabilities. The United Nations adopted its Convention on the Rights of Persons with Disabilities laying down the principles to be followed by the State parties for empowerment of persons with disabilities. India signed the said Convention and subsequently ratified the same on the 1st day of October, 2007. The Convention came into effect on the 3rd day of May, 2008. Being a signatory to the Convention, India has an international obligation to comply with the provisions of the said Convention which required an entirely new legislation. Accordingly, the Rights of Persons with Disabilities Act, 2016 was enacted. Any able bodied can become disabled in a fraction of second by any unforeseen reason. Every individual has the right to cherish his or her ambition. It is the will and not always the physical strength which capacitates one to lead a useful life by contributing to the society. Unfortunately there are people who even today share the false belief that people with disabilities are unable to pursue such courses as medical, engineering etc. They fail to learn the fact that Stephen Hawking, one of the most accomplished Physicist had been suffering from amyotropic lateral selerosis or A.Ls. Had Hawking been deprived of pursuing Science, humanity would have lost a brilliant genius. One can see a galaxy of disabled scientists such as John Forbes Nash Jr. who was awarded Noble Prize in 1994 for inventing the Nosha Equilibrium Theory. It is sin and shame that people write opinions and make judgements etc. with the aid of electric light without bothering to learn the fact that the father of electric light Thomas Edison was himself a disabled man. Temple Grandian, the famous animal behaviourist, who was diagnosed with autism, yet the education system of the US paved way for that genius to pursue education up to Ph.D. Albert Einstein himself was disabled as he had severe dyslexia. Sad, indeed, disregarding all these facts, brilliant students who even clear the medical entrance tests are being denied admission to Medical Colleges citing reasons of physical disability. In this context, it is pertinent to remember the words of M.A. Johnson, the totally disabled Scientist, who is a pioneer in manufacturing LED lights "My mind is not imprisoned by my body.". The Bill, therefore, seeks to amend the Rights of Persons with Disabilities Act, 2016 with a view to ensure that any person with any form of disability shall not be denied admission into any medical course nor be deprived of completing medical education on ground of such disability. Hence this Bill. NEW DELHI; ANTO ANTONY January 28, 2020.242 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 340 OF 2019 A Bill to amend the Mental Healthcare Act, 2017. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Mental Healthcare (Amendment) Act, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment of 2. In section 2 of the Mental Healthcare Act, 2017 (hereinafter referred to as the principle section 2. Act),— (a) after clause (g), the following clauses shall be inserted, namely:— '(ga) "counselor" means a medical practitioner possessing a post-graduate degree or diploma in counseling psychology awarded by an university recognised by the University Grants Commission established under the University GrantsSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 243 Commission Act, 1956, or awarded or recognised by the National Board of Examinations and included in the First Schedule to the Indian Medical Council Act, 1956, or recognised by the Medical Council of India, constituted under the Indian Medical Council Act, 1956, and includes, in relation to any State, any medical officer who having regard to his knowledge and experience in Counseling Psychology, has been declared by the Government of that State to be a Counseling Psychologist for the purposes of this Act; (gb) "establishment" means a shop, a commercial establishment, residential hotel, restaurant, eating-house theatre or other places of public amusement or entertainment to which the relevant State's Shops and Establishment Act applies and includes such other establishment as the appropriate Government may, by notification in the Official Gazette, declare to be an establishment for the purpose of this Act;'; and (b) the existing clause (zb) shall be remembered as clause (zc) and before the clause (zc) as so remembered, the following clause shall be inserted, namely:— '(zb) “school” means any recognised school imparting secondary and senior secondary education.'. 3. After Chapter XIII of the principal Act, the following Chapter and section thereunder Insertion of shall be inserted, namely:— new Chapter XIIIA. "CHAPTER XIIIA RESPONSIBILITIES OF SCHOOLS AND ESTABLISHMENTS 105A. (1) Every school or establishment with more than fifty persons either employed Responsibilities or enrolled shall have at least one empanelled counselor to be appointed by the school or of Schools and Establishments. establishment. (2) the counselor shall visit the establishment or school for at least thirty-two hours in fifteen days or at such frequency as may be prescribed. (3) The remuneration of the counselor shall be as per a formal contract signed between the counselor and the school or establishment. (4) the counselor shall not be involved with the school establishment in any other capacity, including board membership, share holding, administrative or professional responsibilities or in any other capacity that would constitute a conflict of interest with respect to his responsibilities as an empanelled counselor at the school or establishment.". 4. In section 121 of the principal Act, in sub-section (4), after clause(s), the following Amendment clause shall be inserted, namely:— of section 121. "(sa) frequency of visit of counselor to schools and establishments under sub-section (2) of section 105A;".244 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Mental Healthcare Act of 2017 was enacted to recognise, protect and promote the rights of persons with mental illnesses and promote their access to mental healthcare in the country. The 2011 Census pointed out that there are 15,05,624 persons with mental illnesses in the country. Reports by international organizations like WHO and national institutes like Today, there is a need to recognise the challenges related to mental health at workplace. NIMHANS highlight the severity of the situation in multiple reports in the recent years. Today, there is a need to recognise the challenges related to mental health at workplace. Issues of workplace discrimination, stress, verbal and sexual abuse etc. are being highlighted every now and then. The National Mental Health Survey points out that there are an estimated 150 million Indians in need of mental healthcare services. While the institutional efforts so far have been aimed at providing access to mental healthcare to the common man, a preventive and early identification mechanism would contribute significantly in reducing the institutional deficiencies in addressing this challenge. With this background, the Bill aims to— (1) make it mandatory for establishments, including schools, institutions and corporate offices, to have an empanelled counselor; and (2) address a possible conflict of interest for such counselors. Hence this Bill. NEW DELHI; RAJIV PRATAP RUDY November 6, 2019. ————— FINANCIAL MEMORANDUM Clause 3 of the Bill provides appointment of counselors in schools or establishments. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one thousand crore per annum is likely to be involved from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 4 of the Bill provides for the State Government to make rules regarding frequency of visit of counselor to schools or establishments. As the rules will relate to matters of detail only, the delegation of legislative power is of normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 245 BILL NO. 324 OF 2019 A Bill further to amend the Wild Life (Protection) Act, 1972. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) The Act may be called the Wild Life (Protection) Amendment Act, 2019. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.246 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In section 2 of the Wildlife Protection Act, 1972 (hereinafter referred to as the principal Act), clause (12A) and (12B) shall be renumbered as clauses (12B) and (12C) and before clauses (12B) and (12C) as so renumbered, the following clause be inserted, namely:— '(12A) "Environmental Impact Assessment" refers to a detailed report evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural and human-health impacts, both beneficial and adverse;'. Insertion of 3. After section 28 of the principal Act, the following sections shall be inserted, namely:— new sections 28A, 28B, 28C, 28D and 28E. Chief Wildlife "28A. Notwithstanding anything contained in this Act, the Chief Wildlife Warden Warden to shall— commission an Environmental (a) commission an Environmental Impact Assessment Report in each of the Impact National Parks and Wildlife Sanctuaries in the region covering specifically the impact Assessment of industrial activity in surrounding areas and impact of tourist activity on each of the Report with National Parks and Wildlife Sanctuaries; and respect to National (b) issue permits for setting up of Commercial Establishments in non-core areas Parks. of Wildlife Sanctuary and National Parks solely for the purpose of refreshments and lodging, subject to Environmental Impact Assessment Reports made under clause (a) in the impact of the setting up of such establishments: Provided that no permit shall be issued by the Chief Wildlife Warden beyond the determined carrying capacity of the protected areas under this Act. The Central 28B. The Central Government in Consultation with the State Government concerned Government shall frame guidelines for setting up of commercial establishments in and around protected and the State areas under this Act. Government to frame guidelines for setting up of commercial establishments in protected areas and sanctuaries. Collector to 28C. The Collector shall publish annual reports on the following issues related to the publish Annual National and Wildlife Reserves:— Reports. (a) status of existing infrastructure in the protected areas and cost of upkeep of such infrastructure facilities; (b) status of employees working, including but not limited to number of persons employed, wages earned and working conditions; and (c) financial benefits to local communities in and around protected areas under this Act. Regulation of 28D. (1) No permit shall be granted to individuals travelling to the protected areas tourist under this Act unless unaccompanied by local guides or tour operators. activity, photography (2) No person shall be allowed to do photography in protected areas without obtaining and research prior permission in this regard. in protected areas. (3) No person shall be permitted to have any physical interaction with or disturb the habitat of any species of fauna in the protected area except for scientific research purpose subject to the fact that no physical damage is inflicted on the said species.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 247 28E. Whoever,— Penalty for defacing or (a) found guilty of intentionally defacing or damaging any resource in the damaging any protected areas shall be liable to a fine which shall not be less than rupees five thousand resource in the per person and imprisonment for a term which may extend upto six months or with protected areas, etc. both; and (b) found guilty of littering in the protected areas shall be liable to a fine which shall not be less than rupees two thousand per person: Provided that if the person found guilty of any offence punishable under clause (a) or (b) is a tour operator or a local guide, he shall be liable to a fine which shall not be less than rupees ten thousand for the first offence: Provided further that if the tour operator or a local guide is found guilty of any offence punishable under clause (a) or (b) second or subsequent time, he shall be prohibited to enter in the protected area and his license shall also be cancelled."248 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India boasts of a vast diversity of flora and fauna and therefore has a huge potential to increase ecotourism even further. The tiger, the gangetic dolphin, the flamingo of Chilika, the mangroves of Sundarbans, the Himalayas and the Western and Eastern Ghats are just some of the places which boast of a huge trove of ecological treasures of India. Therefore, it is only natural that ecotourism is a growing field in the country. Researches estimate an average annual growth rate of 7-8 per cent in ecotourism activity across the country. The growth and proliferation of ecotourism in India must be celebrated. However, with it come dangers as well. Exploitation of India's wildlife resources put the natural order at risk. Poaching and disturbance of habitats are on the rise. The risk of human-wildlife conflicts increases. There are also increasing instances of vandalism and destruction inside wildlife reserves. Therefore, there is a need to address the need of a well thought out ecotourism framework in the country, especially via legislative action. At the moment, only the Wild Life (Protection) Act of 1972 talks of ecotourism, with regards to national parks and wildlife sanctuaries. Thus, a set of guidelines to further strengthen the scope of this Act is being proposed. The Bill, therefore, seeks to amend the Wild Life (Protection) Act, 1972 with a view to:— (a) expand the role of the Chief Wildlife Warden with respect to protected areas under the Act for commissioning an Environmental Impact Assessment Report covering impact of industrial activity in surrounding areas and impact of tourist activity on each of the National Parks and Wildlife Sanctuaries; (b) empower the Central Government and the State Government to frame guidelines for setting up of commercial establishments in and around protected areas under this act; (c) making an obligation of the Collector to publish annual reports regarding protected areas in such manner as may be prescribed under this Act containing status of existing infrastructure in the protected areas and cost of upkeep of such infrastructure facilities etc.; and (d) regulate tourist activity, photography and research in protected areas and punishment thereof. Hence this Bill. NEW DELHI; RAJIV PRATAP RUDY November 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 249 BILL NO. 339 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title. 2. In the Seventh Schedule to the Constitution,— Amendment of the (i) in List II-State List, entry 17 shall be omitted. Seventh Schedule. (ii) in List-III-Concurrent List, after entry 47, the following entry shall be inserted, namely:— ‘‘48. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of list 1.’’. 3. In the Twelfth Schedule to the Constitution, for entry 1, the following entry shall be substituted, namely:— ‘‘1. Urban planning including town planning and management of water bodies in the municipal areas.’’.250 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Water is the most crucial need and it remains the fundamental necessity of Mankind. This necessity has turned itself into one of the basis human rights in India. With the per capita availability of water continuing to decline, the nation hurtles towards water scarcity. More than three quarters of India’s rural population are dependent on ground water for drinking, but the country’s acquifers are not only under remendous stress, the quality of water they provide is also deteriorating. That India is on the verge of a water emergency is well evidenced in the recent past. Surveys also show that many cities will soon run out of water. At this juncture it is important that the State’s constitutional obligation towards water management and conservation be reevaluated. The scale of water crisis has increased enough for no one State’s action and no one policy move to be enough in managing the issue. We require a multipronged action that looks at increasing forest cover to increase groundwater retention, allowing different levels of the federal structure to participate in water management. With this background, the Bill seeks to amend the Seventh Schedule to the Constitution to transfer ‘water’ from the State List to the Concurrent List so that both Central and State Governments can legislate for the welfare of the citizens of the country. Hence this Bill. NEW DELHI; RAJIV PRATAP RUDY November 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 251 BILL NO. 140 OF 2021 A Bill to provide healthcare insurance coverage to all citizens for availing ayurvedic treatment and for matters connected therewith. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the Insurance Coverage for Ayurvedic Treatment Short title, Act, 2021. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means, in the case of a State, the Government of that State, and in all other cases, the Central Government;252 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "ayurvedic trteatment" means consultation, prescription, any investigation leading to diagnose and treatment of disease through the use of ayurvedic herbs and medicines, Pancha Karma treatment, Kshar Sutra treatment or such other treatment as may be prescribed in Ayurveda; and (c) "prescribed" means prescribed by rules made under this Act. Healthcare 3. The Central Government shall ensure universal access to ayurvedic treatment for Insurance for every citizen through health insurance in such manner as may be prescribed: all Ayurvedic Treatments Provided that the citizens who are covered under any existing health insurance scheme and Services. or such other healthcare services as may be notified, shall not be excluded fromthe purview of this Act: Provided further that no citizen shall be denied access to ayurvedic treatment under this Act on the ground that he suffers from any pre-existing disease. Annual Health 4. The appropriate Government shall pay an annual health insurance premium for Insurance ayurvedic treatment to all citizens. Premium. Committee to 5. (1) The Central Government shall, by notification, constitute a Committee to determine decide health the amount of annual health insurance premium for ayurvedic treatment to citizens. insurance premium. (2) The Committee shall consist of :— (a) Secretary, Union AYUSH Ministry, Chairperson ex-officio; (b) The Principal Secretaries in-charge of the Department of Health and Family Welfare in the State Governments or such other officer as may be nominated by the State Government ex-officio Members; and (c) such number of professional members to be appointed in such manner as may be prescribed, having experience in the field of insurance, actuarial science and ayurvedic medicine. (3) The salaries and allowances payable to and other terms and conditions of service of the Members of the committee, shall be such as may be prescribed. (4) The Committee shall, while determining the amount of annual health insurance premiumfor any class of citizens, shall take into consideration the health status, addictions and such other conditions as may be prescribed. Free Ayurvedic 6. Notwithstanding anything contained in any other law for the time being in force, treatment. every citizen shall be entitled to avail aurvedic treatment free of cost from all such ayurvedic hospitals and clinics, as may be given accreditation by the appropriate Government, fromtime to time under sub-section (1) of section 7. Accreditation 7. The appropriate Government shall accredite ayurvedic clinics and hospitals under of Clinics and its jurisdiction for the purpose of this Act in accordance with such accreditation norms, rules hospitals. and process as may be prescribed. Central 8. The Central Government shall after due appropriation made by Parliament by law in Government to this behalf provide adequate funds to the State Governments for carrying out the purposes provide funds of this Act. to the State Governments. Act to have 9. The provisions of this Act shall have effect notwithstanding anything inconsistent overriding therewith contained in any other law for the time being in force. effect. Removal of 10. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central difficulties. Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 253 Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 11. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) 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.254 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTSAND REASONS Ayurveda is an Indian traditional system of medicine since 4000 years. Majority of Indians prefer and believe in taking Ayurvedic treatments for their health problems. Ayurveda has proved to be better treatment in many critical diseases like fistula, arthritis, etc. Ayurvedic treatment has no side effects. Ayurveda has been accepted all over world to cure diseases. There is a need to promote this traditional medicine system. The Bill, therefore, seeks to provide that the appropriate Government shall ensure universal access to ayurvedic treatment to every citizen through health insurance coverage. Hence this Bill. NEW DELHI; GIRISH BHALCHANDRA BAPAT July 29, 2021.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 255 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the Central Government to ensure access to ayurvedic treatment for every citizen through health insurance. Clause 4 provides for the appropriate Government to pay an annual health insurance premium in respect of all citizens covered under this Act. Clause 5 provides for constitution of a Committee to decide on the health insurance premium to be paid in respect of citizens covered under this Act. It also provides for appointment of professional to the Committee. Clause 6 provides or free ayurvedic treatment to all citizens. Clause 8 provides for the payment of adequate funds by the Central Government to the 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 fifty crore per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees ten crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character. ————256 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 281 OF 2019 A Bill to provide for the establishment of a National Commission for Female Farmers in the country and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the National Commission for Female Farmers Act, 2019. extent and (2) It extends to the whole of India. commencement. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 257 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) "National Commission" means the National Commission for Female Farmers established under section 3; (c) "prescribed" means prescribed by rules made under this Act; and (d) "female farmer" means, irrespective of the marital status or ownership of land, any woman who undertakes cultivation in her own land or land owned by her husband or a family member or land owned by any other person on sharing basis or on lease. 3. (1) The Central Government shall, by notification in the Official Gazette, establish a Establishment Commission to be known as the National Commission for Female Farmers to improve the of a National condition of women farmers in the country. Commission for Women (2) The Commission shall consist of— Farmers Welfare and (a) The Union Minister of Agriculture and Farmer Welfare, Chairman Development. ex-officio; (b) Five members of whom two shall be women and specialists in farming and agriculture and three members to be appointed by the Central Government from amongst the persons committed to the cause of welfare of women and having experience in the field of women’s rights, farmers rights, law or management, in such manner as may be prescribed. (3) The headquarter of the Commission shall be at New Delhi and the Commission may establish offices at such other places in the country as it may deem necessary for carrying out the purposes of this Act. (4) The Central Government may appoint such number of officers and staff including experts to the Commission as may be required for its efficient functioning. (5) The salary and allowances payable to, and other terms and conditions of service of the Chairperson, members, officers, staff and experts of the Commission shall be such as may be prescribed. (6) The National Commission shall have the power to regulate its own procedure. 4. (1) It shall be the duty of the National Commission to take such steps, as it may deem Functions of appropriate, for the welfare and development of female farmers. the National Commission. (2) Without prejudice to the generality of the foregoing provision, the National Commission shall ensure the following provisions for the benefit and welfare of female farmers, namely:— (a) negotiating all cases related to the safeguards provided to female farmers and carry out the monitoring and improvement of such safeguards; (b) safeguarding the rights of the female farmers over the land they cultivate; (c) investigate complaints of the female farmers related to deprivation of their rights and safeguards; (d) support the appropriate Government in the planning process of socio- economic development of female farmers; (e) submit reports to the Central Government regarding the working of safeguard on an annual basis or at such intervals as it thinks fit; and (f) undertake all other functions for the protection, welfare and development of female farmers, as specified by the Central Goverment.258 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Central 5. (1) The Central Government shall cause to be laid before each Houses of Parliament Government all the reports submitted to it under clause (e) of sub-section (2) of section 4 alongwith a to lay report. memorandum explaining the reasons for not accepting any of the recommendations made thereto. (2) Where the report, or any of its part is related to any of the issue connected with the State Government, a copy of such report shall be forwarded to the Governor of that State, who shall, along with an explanatory memorandum explaining 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 the State Legislature. Commission 6. The National Commission shall, while investigating any matter referred to in clause (b) to have of sub-section (2) of section 4, have all the powers of a civil court trying a suit and, in powers of particular in respect of the following matters, namely:— Civil Court. (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commission for the examination of witnesses and documents; and (f) any other matter which may be prescribed. Appropriate 7. The appropriate Government shall consult the National Commission on all policies Government affecting interests of the female farmers. to consult Commission. Central 8. The Central Government shall, after due appropriation made by Parliament by law in Government this behalf, provide adequate funds to the National Commission for carrying out the purposes to provide of this Act. adequate funds to the National Commission. Power to 9. If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may make such order or give such direction, not inconsistent with the provisions difficulties. of this Act, as may appear 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 commencement of this Act. Act to have 10. The provisions of this Act and rules made thereunder shall have effect overriding notwithstanding anything inconsistent therewith contained in any other law for the time effect. being in force. Power to 11. (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 259 STATEMENT OF OBJECTS AND REASONS Women Farmers Sow Hard Work, But are Reaping Hardships. More than fifty per cent of the population of the country is involved in agriculture in some way or the other. Sixty per cent of the total farmer population of India are women. The empowerment of Indian women will not be complete without empowering those who are living at India's last periphery. These are the women farmers of India, whose voices often go unheard owing to their gender, and who struggle to establish their identity at a grassroots level due to patriarchal traditions and gender socialization. These voices need to be heard at both the policy and implementation levels if we are to realize the dream of a progressive India. Women farmers in India perform most of the big farming jobs, from sowing to harvesting, yet their access to resources is less than their male counterparts. Closing this gender gap is essential in order to accelerate the pace of growth in the agriculture sector. It is essential to bring women working in agriculture into the mainstream and to empower them with direct access to knowledge of improved agricultural practices. It is also important to observe how increasing male migration away from villages has brought about significant changes to the work village women do, both at the household and societal level. Even Today, in this modern era of society, our women farmers faces the same old major challenges in:— 1. Ownership of land: Out of every ten farmers, six happen to be women. This means a staggering sixty per cent of the total farmer population of India are women. Be it seeding, cropping, harvesting, ploughing, or even driving tractors—more women work on the fields than men. And yet, less than thirteen per cent of these women own any land. Customary practices sometimes deny the women their right to own land even when it is permitted by law. 2. Access to funding Government schemes: Another issue women farmers face is the wage gap in the agricultural sector. They are often forced to be content with low paid agricultural jobs. Women tend to face greater challenges when it comes to securing credit. They are generally less experienced with the ins and outs of borrowing from an institution, and without assistance and support they find it difficult to access much needed funding. Women receive seven per cent of the agricultural extension services and less than ten per cent of the credit offered to small-scale farmers. 3. Limited access to new practices: Most agricultural extension focuses on large-scale commercial farming with limited research conducted on small farming techniques, which are often owned by women. 4. Limited access to technological advancements: Most advanced technology includes ploughs, cultivators, planters, harvesters and irrigation equipment. Most of these advancements are aimed at a male specific audience, with improvements aimed to accommodate their requirements. 5. Less market opportunities: Lack of market research and information limit women farmers to market oportunities. Women are confined to local markets where prices are generally lower than in urban markets. 6. Lack of infrastructure: Access to transport and logistics would improve the mobility of women farmers and they could sell more of their farm produce in time. Many schemes and special provisions exist for women farmers, inspite of which their socio-economic situation has not changed. In order to look into their specific needs and ensure their development, a better, empowered institutional mechanism is needed. There is a great need for the establishment of a National Commission for the Welfare of Female Farmers. Hence this Bill. NEW DELHI; SHRIRANG APPA BARNE October 29, 2019.260 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of National Commission for Female Farmers. It also provides for appointment of a Chairperson, members, officers, staff and experts to the Commission. Clause 8 provides for the Central Government to provide adequate funds for the functioning of the Commission. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of rupees thirty crore per annum will be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees ten crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 261 BILL NO. 317 OF 2019 A Bill to regulate employment agencies for the help of domestic workers, interns and other employees seeking employment, apprenticeship or internship with employers indulged in legitimate occupation in order to enhance social security of employees and for matters connected therewith or incidental thereto. BE it enacted in the Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Employment Agencies (Regulation) Act, 2019. 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.262 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) "child" means a person who has not attained the age of eighteen years; (c) "domestic worker" means any person who is employed for remuneration in any household, through any agency either on a temporary, permanent, part time or full time basis; (d) "employee" means any person who is employed or engaged on contract basis, continuously for a period not less than one hundred and eighty days, in an establishment to do any work for remuneration; (e) "employer" means a person who hires the service of another person whether part time or full time and includes a natural or judicial person or an association of such persons by whom any person is engaged or employed through any agency for remuneration; (f) "employment agency" means an agency involved in the employment of persons in any capacity and finding workers for employment with employers or of supplying employers with workers for employment by them; whether through physically established office or operating electronically/online through a website and includes a placement agency or any agency by any other name called (whether for the purpose of gain or reward or not). (g) "intern" means any person who is employed or engaged on contract basis, continuously for a period less than one hundred and eighty days in an establishment to do any work; (h) "license" means a licence granted under this Act; (i) "licensee" means the person to whom a licence is granted under this Act; and (j) "prescribed" means prescribed by rules made under this Act. CHAPTER II RESTRICTIONS Act not in 3. Nothing in this Act shall operate to relieve any employment agency of any duty or derogation of liability imposed upon it by any other law for the time being in force or to limit any powers other laws. given to any public officer under any other law. Prohibition on 4. No child shall be employed as a domestic worker or for any work which is prohibited employment under any law for the time being in force. of a child. Employment 5. No employment agency shall hire any person for employers engaged in occupation for illegal deemed illegal by the Government of India such as gambling. occupations. CHAPTER III LICENSING Persons 6. (1) No person shall carry on an employment agency unless he is the holder of a carrying on an license authorizing him to carry on such an agency. employment agency to be (2) The appropriate Governments shall on an application from an agency for functioning Licensed. as an employment agency in the prescribed format, issue a license after having been duly satisfied that: (a) the agency is registered either as a sole proprietorship, partnership firm, company or as a non-profit organization;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 263 (b) maintains proper books of accounts, Memorandum of association, rules, bye laws, as the case may be and the details of the office bearers of the organization and details of persons employed by such agency; (c) there is no criminal cases pending against the said agency or agency owners or both; and (d) premises or place being or to be used for the purpose of placement or employment agency exists are as per requirement. (3) The form of a licence which may be granted or renewed under this Act, the conditions subject to which the licence may be granted or renewed, the fees payable for the grant or renewal of a licence and the security, if any, required to be submitted for fulfillment of the conditions of the licence shall be such as may be prescribed. (4) Every employment agency shall, upon issues of license which is valid for a period of twelve months and is to be renewed periodically, furnish to the appropriate Government, quarterly of details of the persons who are registered with the agency for employment:— (a) the details of the addresses where these persons are placed; (b) the fees charged against each individual for placement; and (c) proof of adequate verification process for each individual. 7. The appropriate Government shall, by notification in the Official Gazette,— Appointment of licensing (a) appoint such persons, being officers of appropriate Government, as it thinks fit to officers. be licensing officers for the purposes of this Act; and (b) define the limits, within which a licensing officer shall exercise the jurisdiction and powers conferred on licensing officers by or under this Act. 8. (1) Every owner of the employment agencies to which this Act applies shall, within Procedure for the period as the appropriate Government may fix, make an application to the licensing officer licensing of agency. in such form and manner and on payment of such fees as may be prescribed for the license of employment agency. (2) The licensing officer shall within one month after the receipt of an application for license, if the application is complete in all respects, issue license to the employment agency or if the application is not so complete then return the application to the principal owner of the agency in such manner as may be prescribed. (3) No principal owner of the employment agency to which the Act applies shall procure or place any worker or employee or intern in any household or any other work unless he holds a valid license issued to the agency under this Act. 9. If the licensing officer is satisfied either on a reference made to him or otherwise that Revocation of the license granted to any employment agency has been obtained by misrepresentation or license. suppression of any material fact or the holder of the license has without reasonable cause failed to comply with the conditions subject to which the license was granted or has contravened any provisions of the Act or rules made thereunder then the licensing officer after giving the reasonable opportunity to the principal owner of the agency to be heard, by order in writing revoke the license and communicate it to the principal owner in such manner as may be prescribed. 10. Where an order of revocation becomes effective under section 9, the licensee Effect of concerned shall forthwith cease to carry on the employment agency: revocation. Provided that revocation of license shall not prejudice the enforcement by any person of any right or claim against the licensee concerned or by the licensee concerned of any right or claim against any person arising out of or concerning any matter or thing done prior to the revocation of the license.264 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— CHAPTER IV POWERS AND DUTIES OF LICENSED EMPLOYMENT AGENCIES Fees for 11. (1) It shall be lawful for a licensee to charge and receive such fees as may be services prescribed, from time to time. rendered. (2) No licensee shall charge or receive any form of fees, remuneration, profit or compensation otherwise than as may be prescribed. Maintenance 12. (1) Every employment agency shall maintain the records of all the domestic workers of registers. and other workers or employees being contracted by them for purposes of employment. (2) The record maintained under sub-section (1) shall consist of the following:— (a) name and address of the employer under whom such domestic worker-or any other employee or intern is working; (b) the period of employment; (c) rate of wages and the mode of payment of the wages; (d) displacement allowance payable; (e) passport size photograph of the employer and the domestic worker or any other employee or intern; (f) nature of work and the working hours; and (g) copy of contract. Ensure the 13. The terms of contract between employee and the employment agency shall include given inter alia the following:— minimum terms of (a) whether the work-seeker is or may be employed by the employment business contract. under a contract of service or apprenticeship or internship, or a contract for services, and in either case, the terms and conditions of employment of the work-seeker which apply, or may apply; (b) an undertaking that the agency shall pay the work-seeker in respect of work done by him, whether or not it is paid by the hirer in respect of that work; (c) The length of notice of termination which the work-seeker may be required to give, and which he shall be entitled to receive in respect of particular assignments with hirers; (d) the rate of remuneration payable to the work-seeker; and (e) the minimum rate of remuneration, the employment business reasonably expects to achieve for the work-seeker, details of the intervals at which remuneration shall be paid and such other amenities. Entering into 14. (1) An employment agency shall not enter into nor purport to enter into, a contract:— a contract on behalf of a (a) on behalf of a work-seeker with a hirer; or client. (b) on behalf of a hirer, with a work-seeker, unless the following requirements are fulfilled— (a) the person for whom the employment agency acts has appointed the agency as his agent with authority to enter into the contract on his behalf; and (b) where the agency acts for the work-seeker, it has been permitted by the Act to charge a fee in relation to the introduction or supply to which the contract relates. (2) where an employment agency enters into a contract on behalf of a work-seeker with a hirer, or on behalf of a hirer with a work-seeker, the agency shall ensure that the terms of theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 265 contract are notified to the party on whose behalf the agency entered into the contract, as soon as is reasonably practicable and in any event no later than the end of the fifth business day following the day on which such agency entered into the contract. (3) Where an employment agency enters into a contract on behalf of a work seeker with a hirer, or on behalf of a hirer with a work-seeker, the agency shall ensure that the terms of the contract are notified to the party or parties to the contract other than the party on whose behalf the contract was entered into, as soon as is reasonably practicable and in any event no later than the end of the fifth business day following the day on which the agency entered into the contract. CHAPTER V GRIEVANCE REDRESSAL AND DISPUTE RESOLUTION 15. (1) Any person aggrieved by an order made under section 9, may, within thirty Appeals. days from the date on which such order is communicated to him, prefer an appeal to an appellate officer who shall be a person nominated in this behalf by the appropriate Government: Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellate was prevented by sufficient cause from filing the aggrieved person in time. (2) On receipt of an appeal under sub-section (1), the appellate officer shall, after giving the aggrieved person an opportunity of being heard, dispose of the appeal as expeditiously as possible. 16. No court shall take cognizance of any offence under this Act except on a complaint Cognizance of made by an inspector or authorized person or a non-Governmental Organization and no offences. court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. CHAPTER VI APPOINTMENT AND DUTIES OF INSPECTORS 17. (1) The appropriate Government may, by notification in the Official Gazette, appoint Role of such persons as it thinks fit to be Inspectors for the purposes of this Act, and define the local Inspector. limits within which they shall exercise their powers under this Act. (2) Subject to any rules made in this behalf, within the local limits for which he is appointed, an Inspector may— (a) if he has reason to believe that any child is employed in any premises or place, enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any non-Governmental organization as he thinks fit; (b) if he has a reason to believe that any illegal work is being undertaken in any premises or place, enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any non-Governmental Organization as he thinks fit; (c) satisfy himself whether the provisions of this Act are being complied with; (d) at any reasonable time, and without previous notice, enter and inspect any employment agency or any premises reasonably suspected of being used for the purposes of an employment agency, and examine all books, or other documents found in the premises, which may appear to him to be the property of or to have been used for the purposes of an employment agency and remove them for further examination; seize or take copies of such register, record of wages, or notices or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed by a principal employer or contractor; and266 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (e) exercise such other powers as may be prescribed. (3) Where there is reason to believe that any person has been subjected to any form of abuse which prima facie discloses the commission of any cognizable offence, the Inspectors shall take assistance from any non-Governmental Organization agency in rescue and rehabilitation of victims in such manner as may be prescribed. (4) Any person required to produce any document or thing, or to give any information required, by an Inspector under sub-section (2), or by a person appointed under sub-section(3), shall be deemed to be legally bound to do so within the meaning of section 175 and section 176 of the Indian Penal Code, 1860. 45 of 1860. (5) The provisions of the Code of Criminal Procedure, 1973, shall, so far as may be, 2 of 1974. apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code. CHAPTERVII OFFENCES AND PENALTIES Penalty for 18. Any person who contravenes or fails to comply with the provisions in Chapter III not obtaining of the Act shall be guilty of an offence and shall be liable to a fine not exceeding rupees license under fifteen thousand and in the case of a second or subsequent conviction to a fine not exceeding the Act. rupees one lakh and /or to imprisonment for a term not exceeding six months or with both. 19. Whoever, if any licensee,— (a) charges or receives himself or through another person, for his services, any sum greater than the prescribed fee; or (b) knowingly and voluntarily deceives any person by giving false information; or (c) instigates or induces any person not to admit in his service any employee who has not applied for employment, work or position through his employment agency; or (d) knowingly sends, directs or takes any girl or woman to any place for immoral purposes or to a place where she is likely to be morally corrupted; or (e) make available young children as domestic workers; or (f) fail to maintain records of the workers placed by them; or (g) fails to adhere to any other matter as may be prescribed, shall be punished with imprisonment for a term which shall not be less than six months but which may extend upto seven years and with fine which may extend upto rupees fifty thousand or with both. Offences by 20. (1) Where an offence under this Act has been committed by a company, every Companies. person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 267 Explanation.—For the purposes of this section,— (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. CHAPTER VIII MISCELLANEOUS PROVISIONS 21. (1) The provisions of this Act shall have effect notwithstanding anything Effect of laws inconsistent therewith contained in any other law or in the terms of any agreement or contract and agreements of service, or in any standing orders applicable to the establishment whether made before or inconsistent after the commencement of this Act. with the Act. (2) Nothing contained in this Act shall be construed as precluding any domestic worker or employee or intern from entering into an agreement with the principal employer or the contractor, as the case may be, for granting them rights or privileges in respect of any matter which are more favourable to them than those to which they may be entitled under this Act. 22. (1) No suit, prosecution or other legal proceedings shall lie against any licensing Protection of officer, inspecting officer or any other employee of the Government or any non-Governmental action taken in good faith Organization for anything which is in good faith done or intended to be done in pursuance under Act. of this Act or any rule or order made thereunder. (2) No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or notification or order made or issued thereunder. 23. (1) The appropriate Government may, subject to the condition of previous Power to publication, make rules for carrying out the purposes of this Act. make rules. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner in which an application for functioning as an employment agency in the prescribed format may be made under section 6 (2); (b) the form in which an application for the grant or renewal of a licence may be made under section 6 (3) and the particulars it may contain; (c) the manner in which an investigation is to be made in respect of an application for the grant of a licence and the matters to be taken into account in granting or refusing or revoking a license; (d) the form of a licence which may be granted or renewed under this Act, the conditions subject to which the licence may be granted or renewed, the fees payable for the grant or renewal of a licence and the security, if any, required to be furnished for the due performance of the conditions of the licence; (e) the circumstances under which license may be varied or amended under section 10; (f) the form and the manner in which appeals may be filed under section 15 and the procedure to be followed by appellate officers in disposing of the appeals; (g) the powers that may be exercised by Inspectors under section 17 and the local limits within which they shall exercise their powers under this Act; (h) fees to be charged by the agencies under section 11; and (i) any other matter which is required to be, or may be, prescribed under this Act.268 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (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 Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) 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 269 STATEMENT OF OBJECTS AND REASONS The Periodic Labour Force Survey (PLFS) of the National Sample Survey Office (NSSO) released in May 2019 for the period July 2017 to July 2018 showed the unemployment rate in the country was at 5.3 per cent in rural India and 7.8 per cent in urban India, resulting in overall unemployment rate of 6.1 per cent. According to Centre for Monitoring Indian Economy (CMIE) the unemployment rate in India rose to 7.2 per cent in February 2019, the highest since September 2016, and up from 5.9 per cent in February 2018. As a result the exploitation of workers has been increasing rapidly in the country. Poverty has forced people to migrate in search of work and workers with no other skills, turn to domestic work. This has also led to the trafficking and other forms of exploitation of millions of women and children of both the sexes. To meet growing demand of domestic help, there has been a spurt of thousands of placement agencies providing domestic workers in metro-towns of many States which remain outside the purview of any legislative control. The issue of exploitation of women and children domestic workers is frequent and regularly reported. With no rights and rules to fall back on, the domestic helps, mostly migrants from eastern States, have become contemporary slaves. It is also a known fact that many women and children are trafficked and exploited by the placement agencies, which operate openly without any form of restrictions and regulations, also escaping the tax net, thus necessitating the need for regulation and control. The domestic workers fall outside the Labour legislations thus domestic workers are unable to access their rights. That non-recognition of domestic work as legitimate work combined with hidden nature of the worksite results in exploitative living and working conditions and sometimes forced labour and trafficking. Reports of abuse are many with workers facing among other things , extremely long working hours , absence of rest and leave periods, deprivation of food, delayed or non-payment of wages and physical and sexual abuse, recruitment related fees, deceptive recruitment practices and discriminative policies further jeopardizes domestic workers right to just and favorable working conditions. Formal employment has become very competitive which forces young people to apply for various internships so as to gain experience. Unpaid internships have become a big, exploitative, self-perpetuating circle in India, where countless graduates enter into these internships every year to gather that all important marker for employment — experience. Since most companies insist on a certain amount of work experience before they hire for a particular role, the only avenue for many fresh graduates is to allow their labour to be exploited via internship work over a specific period of time. The world of internships and interns in India is by no means tiny. It is mildly disturbing, then, that there are absolutely no laws that cover interns in India. Thus, there is a need for a new law which regulates the huge market of internships in the country. The vast reach of internet and increasing use of online and electronic services to seek job also creates a need to regulate such employment agencies which operate online. To add more in exploitation of job seekers, fraudulent and fake employment agencies have mushroomed in India and de-frauding job seekers to the extent of publishing fake employment notices in the name of Public Sector Undertakings (PSUs). Recent example is of 'South Central Coalfield Ltd. a fake company that claimed to be a subsidiary of Coal India Ltd. This fake company not only published employment notice but also demanded security deposits from job seekers. Later, Coal India published a notice to beware job seekers from this fraudulent company. Thus it is imperative that a law be enacted to provide for safety and security of domestic workers, interns and other employees and regulate the placement/employment agencies which cater to providing employment to any class/category of persons. The law needs to be broader and go beyond the scope of domestic workers as placement agencies not only cater to domestic but also other employment requirements. Hence this Bill. NEW DELHI; SHRIRANG APPA BARNE October 29, 2019.270 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 7 of the Bill provides for appointment of Licensing Officer. Clause 15 provides for nomination of an Appellate Officer. Clause 17 provides for appointment of Inspector. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees five hundred crore per annum will be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees three hundred crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 23 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 powers is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 271 BILL NO. 269 OF 2019 A Bill to provide for constitution of National Sports Development Commission for the overall development of sports, improving the quality of basic sports facilities in the country and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the National Sports Development Commission Act, 2019. 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.272 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) "Commission" means the National Sports Development Commission constituted under section 3; (b) "Fund" means the Sports Development Fund Constituted under section 6; (c) "sports" means all types of sports played at National and International level; and (d) "prescribed" means prescribed by rules made under this Act. Constitution 3. (1) The Central Government shall, by notification in the Official Gazette, constitute of National a Commission to be known as the National Sports Development Commission for carrying out Sports the provisions of this Act. Development Commission. (2) The National Sports Development Commission shall consist of:— (a) a Chairperson who shall be an ex-sports persons (except cricketer) having recognition at international level; (b) five members from five different international sports except cricket; and (c) such number of experts associated with the field of sports, except cricket, as may be necessary for development of all sports; to be appointed by Central Government in such manner as may be prescribed. (3) The Central Government shall provide such number of officers and staff as may be required along with technical Experts to the Commission for the effective management and functioning of the Commission. (4) The salary and allowances payable and other terms and conditions of appointment of the Chairperson, members, experts, advisors and officers and staff of the Commission shall be such as may be prescribed. Obligation of 4. Every State Government shall send detailed information to the Commission with State regard to the following:— Governments to send (a) total number of National and International level players participated in sports information events in the State alongwith relevant details of such players; about sports and players (b) participation of the State in different sports at National and International to the Commission. level and corresponding results; (c) level of basic facilities related with sports in the State; (d) exploring the potential of fresh talents in rural areas; and (e) making list of popular sports competitions and their results at State level. Suggestions to 5. (1) The Commission shall, after obtaining information from all the States regarding the State different sports and players in the State, from time to time, make the following suggestions to Governments. the State Governments:— (a) expansion of the scope of the sports and achieving excellence at National and International level; (b) development of structural framework currently working and improving its quality; (c) providing assistance to the National Sports Federations and other Institution associated with sports; (d) strengthening the sports by imparting training in sports;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 273 (e) encouraging the players associated with sports at all levels; (f) encouraging the participation of women, backward tribals and budding youth at rural level; and (g) encouraging the interest of people towards all types of National Sports. (2) The Central Government shall, for the purposes of sub-section (1), appoint a group of experts to analyse and study the assistance and resources being provided by it to the Commission. 6. The Central Government shall, by notification in the Official Gazette, constitute a Constitution Fund to be known as Sports Development Fund for implementing the provisions of this Act. of Sports Development Fund. 7. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may make such order or give such direction, not inconsistent with the provisions remove difficulty. of this Act, as may appear 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 commencement of this Act. 8. The provisions of this Act and rules made thereunder shall have effect Act to have notwithstanding anything inconsistent therewith contained in any other law for the time overriding effect. being in force. 9. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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 rules 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.274 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In a vast country like India, there is no dearth of talent but despite having so many talented persons, we have not been able to establish as a sports power at the international level. Except one or two sports, we are unable to perform according to our talent. The Government of India launched many programmes like "Let's play" action plan by NITI Ayog with the aim of Fifty Olympic medals in 2024 summer Olympic games; 'Khelo India'; 'The Panchayat Yuva Kreeda aur Khel Abhiyan'. It is estimated that out of hundred people only one aspires to take up sports as a career as it is considered as a "there is no scope". People consider sports as an activity that is limited to school and nobody goes beyond that to think of it as a means of earning ones daily bread. Parents refrain from encouraging their children from opting for sports as a career and teachers also lay more emphasis on studies. Sports do not command the same amount of respect as studies. We might have a number of Dhonis but it's difficult to find equal number of Mary Koms and Saina Nehwals, Sushil Kumars, Yogeshwar Dutts and Gagan Narangs. Despite its huge population, India is almost always at the bottom in the Olympics medal tally because of the lack of facilities. The dreams of sportspersons of winning medals for India at the Olympics are shattered as they are not provided with proper resources. India still lacks good coaches, proper infrastructure and other helpful schemes which the Government can provide, hence the failure to acquire medals. Non-involvement of ex- sportsman in administrative staff, lack of sporting infrastructure, lack of job security of the sportsman, lack of family support and sports culture in our societies lead to indifferent attitude of young population towards sports. Not enough recognition for other sportsmen when compared to frame of cricketers, athletes do not receive proper funding to meed their needs. Sportsman don't have constant source of funding to meet their needs in their early stages of trainings. No proper sports education during early stages in schools. The need is to establish a National Sports Development Commission to give due attention to the issues related with all round development of sports in the country and especially the talents in rural areas and women players. A framework is required to be prepared in order to improve the performance of India in the competitions organised at International level. Till now, only some selected categories of sports have got special attention in the country due to which hidden talents in various fields of sport has found it difficult to make much headway. All categories of sports require equal attention in addition to strengthening of basic infrastructure of sports in the country. The Bill, therefore, seeks to establish a National Sports Development Commission for the overall development of sports, improving the quality of basic sports facilities in the country and to make India as a sports power. The Bill seeks to achieve the above objectives. NEW DELHI; SHRIRANG APPA BARNE October 29, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 275 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for establishment of a National Sports Development Commission for improving the quality of basic sports facilities and development of sports in the country. It also provides for appointment of Chairperson, members, experts and advisors and officers and staff to the Commission. Clause 5 provides for appointment of group of experts. Clause 6 provides for the constitution of a Sports Development Fund. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about Rupees one hundred fifty per annum will be involved from the Consolidated Fund of India. A non-recurring expenditure of about Rupees four hundred crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.276 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 301 OF 2019 A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Constitution (Scheduled Tribes) Orders (Amendment) commencement. Act, 2019. (2) It shall come into farce on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment 2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Part XII.- of the Orissa, for entry 55, the following entry shall be substituted, namely:— Schedule. "55. Jhodia, Paroja (Parja, Bodo Paroja, Barong Jhodia Paroja, Konda Paroja, Paroja, Ponga Paroja, Sodia Paroja Sano Paroja, Solia Paroja).".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 277 STATEMENT OF OBJECTS AND REASONS Jhodia is a prominent tribe in Kashipur block of Rayagada district with more than one lakh population. They previously had tribal status and were getting all Government benefits till 1997 after which they had been deprived of the Scheduled Tribe status, thereby not receiving any benefits. Socially and culturally, Jhodias are members of the endogamous community of Jhodia Paraja and are very much a part of the Paraja clan. "Jhodia" needs to be included as a synonym of "Paroja" which is notified as Scheduled Tribe at serial number-55 in respect of State of Odisha in Scheduled Tribe list of India. The Jhodias possess all the criteria proposed by the Lukur Committee (1965). They resemble tribal community from the viewpoint of lifestyle, traditional culture, primitive traits, geographical isolation, educational and economic backwardness. Non-inclusion of their name in the ST list is depriving them of the benefits provided by the Government. Though the State Government of Odisha has written to Government of India to include Jhodia as a synonym of Paroja, it is a fact that their revenue staff made clerical mistakes by writing on their Record of Right (RoR) as Jhodia instead of Jhodia-Paroja during land settlement. The Bill, therefore, intends to include the "Jhodia" community from Kashipur as the Scheduled Tribes in respect of State of Odisha. Hence this Bill. NEW DELHI: SAPTAGIRI SANKAR ULAKA November 1, 2019278 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill seeks to amend the Constitution (Scheduled Tribes) Amendment Order, 1976, by amending the list of Scheduled Tribes in respect of the State of Odisha. The Bill, therefore, if enacted, would involve additional recurring and non-recurring expenditure from the Consolidated Fund of India on account of benefits likely to be provided to the welfare of the persons belonging to these tribes. It is estimated that a recurring expenditure of about rupees three hundred crore is likely to be involved per annum. No non-recurring expenditure is likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 279 BILL NO. 37 OF 2020 A Bill to provide for special financial assistance to KBK-K region comprising the districts of Koraput, Malkangiri, Nabarangpur, Rayagada, Balangir, Subarnapur, Kalahandi, Naupada and Kandhamal of the State of Odisha for the purpose of promoting the welfare of the Scheduled Tribes, the Scheduled Castes 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-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Special Financial Assistance to the KBK-K Region of Short title and the State of Odisha Act, 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. There shall be paid such sums of moneys out of the Consolidated Fund of India, Special Financial every year, as Parliament may by due appropriation provide, as special financial assistance Assistance to the to KBK-K Region comprising the districts of Koraput, Malkangiri, Nabarangpur, Rayagada, KBK-K region of the State of Balangir, Subarnapur, Kalahandi, Naupada and Kandhamal in the State of Odisha to meet the Odisha.280 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— costs of such schemes of development, as may be undertaken by the State with the approval of the Government of India for the purpose of promoting the welfare of the Scheduled Tribes, the Scheduled Castes and Other Backward Sections of people and for the development, proper utilization and exploitation of the resources in KBK-K region of the State of Odisha. Act not in 3. The Provisions of this Act shall be in addition to and not in derogation of any other derogation of law for the time being in force. any other law.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 281 STATEMENT OF OBJECTS AND REASONS The KBK-K region, comprising the district of Koraput, Nabarangpur, Malkangiri, Rayagada, Sonepur, Balangir, Kalahandi, Naupada and Kandhamal in the State of Odisha is one of the poorest and most backward regions of the country. Despite years of focused development intervention by the both the Central Government and State Government, large proportion of rural poor and tribals in KBK-K region continue to face chronic hunger and reportedly starvation deaths. Reduced forest cover, farmer distress, no visible employment opportunity—people are forced to migrate to other States in search of Jobs. As per one National Family Health Survey, only 47.38 per cent. women in the KBK-K region are literate against the State average of 67.4 per cent. while the literacy level among men in the region is 72.93 per cent. against the State's 84.3 per cent. In case of institutional delivery, the region with 76.48 per cent. lags behind the State's average of 85.4 per cent. Central assistance for area development programmes like special plan for KBK, Backward Region Grant Fund (BRGF) and Integrated Action Plan have been discontinued. The Central Government has discontinued ST/SC scholarship scheme thus depriving beneficiaries in the tribal region. Some of the Schemes delinked from support of the Centre during the budget 2015/16: National e-Governance Plan, Backward Regions Grant Funds, Modernization of Police Forces, Rajiv Gandhi Panchayat Sashaktikaran Abhiyaan (RGPSA), Scheme for Central Assistance to the States for developing export infrastructure, Scheme for setting up of 6000 Model Schools, National Mission on Food Processing & Tourist Infrastructure. Though the State Government has launched its own Biju KBK Plan, this is not sufficient. Justice Puncchi Commission on Centre-State relation has recommended for higher Central transfers to backward States for improving the physical and human infrastructure. The economic divide emanating from asymmetric growth and backwardness, dominated by Tribals and vulnerable groups rise to regional imbalance and calls for focused attention of the Government for achieving inclusive growth. It is, therefore, necessary that the Central Government should provide special financial assistance to the KBK-K Region of the State of Odisha for its all-round development including the welfare of weaker sections and for the development and exploitation of its vast natural resources. Such a step of providing financial assistance to this Region would go a long way in building this nation more and more strong. NEW DELHI; SAPTAGIRI SANKAR ULAKA January 21, 2020.282 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides that there shall be paid such sums of moneys out of the Consolidated Fund of India, every year, as Parliament may by due appropriation provide, as special financial assistance to the KBK-K Region comprising the districts of Koraput, Malkangiri, Nabarangpur, Rayagada, Balangir, Subarnapur, Kalahandi, Naupad and Kandhamal of the State of Odisha 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 KBK-K Region of the State of Odisha. As the sums of moneys which will be given to the KBK-K Region of the State of Odisha 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 283 BILL NO. 42 OF 2020 A Bill to provide for promotion of one tree per child norm by the parents for every child born in the family in order to protect and conserve the environment for future generation and for matters connected therewith. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Promotion of One Tree Per Child Norm Act, 2020. 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;284 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "parent" means father or mother whether biological, adoptive or step father or step mother, as the case may be; and (c) "prescribed" means prescribed by rules made under this Act. Appropriate 3. It shall be the responsibility of the appropriate Government to promote, encourage Governmentto and motivate the parents to opt for one tree per child norm with a view to protect and promoteone conserve the environment for future generation. tree per child norms. Responsibility 4. (1) It shall be the responsibility of every parent to plant a tree within sixty days of parents to of the birth of a child to them either in their residential premises or in such other area as plant a tree. may be specified by the local authority. (2) The trees planted under sub-section (1) shall be such as will be suitable to the location, climate and topography of the area concerned and the local authority shall also specify trees to be planted in a particular area. Treeplantinga 5. No parent shall be issued certificate of birth of the child unless such parent has requirementfor sworn in an affidavit regarding plantation of a tree as prescribed under sub-section (1) of birthcertificate. section 4. Responsibilityof 6. For the purposes of this Act, the local authority shall— localAuthority. (a) maintain a seedling bank as a ready source of seedling to enable parents to plant tree on the birth of a child; and (b) provide suitable care and facilities to seedling or plants planted by the parents. Central 7. The Central Government shall, after due appropriation made by Parliament by law in Governmentto this behalf, provide adequate funds to the State Governments for carrying out the purposes provideadequate of this Act. funds. Power to 8. If difficulties arise in giving effect to the provisions of this Act, the Central Government remove may, by order, published in the Official Gazette, make such provisions, not inconsistent with difficulties. the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of three years from the commencement of this Act. Powertomake 9. (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 modifications, or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 285 STATEMENT OF OBJECTS AND REASONS Trees offer many environmental benefits; it improves the air quality by filtering harmful dust and pollutants such as ozone, carbon monoxide and sulfur dioxide from the air we breathe. Trees release oxygen that we need to breathe; roots of trees hold soil and prevent soil erosion. The impacts of the increasing population, urbanization and consumption patterns are evident in the widespread degradation of land and natural resources and also in ever increasing poverty. Trees can help to solve these because of their ability to restore degraded ecosystem, produce food and medicine and provide environmental and economic benefits. Trees are a precious resource and this call for judicious management of it for saving it for the future generation. It is need of the hour that the country rises above the political, ideological and regional differences and come together to make the environment sustainable to live. Therefore, to ensure the sustainability of the environment, a law should be enacted that mandatorily require the parents to plant a seedling within sixty days of birth of a child in the family. To ensure the compliance, the concerned local authority shall release the certificate of birth of the child only upon the presentation of sworn statement of compliance by the parents in this regard. Hence this Bill. NEW DELHI; T.N. PRATHAPAN January 30, 2020.286 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides that it shall be the responsibility of the Government to promote, encourage and motivate the parents to opt for one tree per child norm. Clause 7 of the Bill provides for the Central Government to provide adequate funds. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimate that a recurring expenditure of about rupees five hundred crore per annum would involve from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 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 287 BILL NO. 292 OF 2019 A Bill to provide the right to menstrual hygiene facilities, health benefits and paid leave to women during menstruation and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Right to Menstrual Hygiene and Paid Leave Act, Short title, 2019. extent and commencement. (2) It extends to the whole of India: Provided that the provisions of this Act in so far as they relate to the mines shall extend to whole of India, including the territorial waters, continental shelf, exclusive economic zone and other maritime zones of India as defined under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976.288 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. Application. 2. The provisions of this Act shall apply, in the first instance,— (a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances; (b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State: Provided that the State Government may, with the approval of the Central Government, after giving not less than month's notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise; and (c) to every person who is self-employed or working in the unorganized sector or in establishments where less than ten persons are employed. Definitions. 3. In this Act, unless the context otherwise requires,— (a) "appropriate Government" means,— (i) in relation to an establishment carried on by or under the authority of the Central Government or the establishment of railways, mines, oil field, major ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a Central Act or a central public sector undertaking or subsidiary companies set up by central public sector undertakings or autonomous bodies owned or controlled by the Central Government, including establishment of contractors for the purposes of such establishment, corporation or other authority, central public sector undertakings, subsidiary companies or autonomous bodies, as the case may be, the Central Government; and (ii) in relation to any other establishment, the State Government; (b) "company" means a company as defined in clause (20) of section 2 of the Companies Act, 2013; (c) "educational institution" means a place where persons of different ages study to gain an education, including pre-school, childcare, primary or elementary school, secondary or high schools and universities; (d) "employee" means,— (a) in respect of an establishment, a person, including an apprentice engaged under the Apprentices Act, 1961, employed on wages by such establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied; and (b) a person declared to be an employee by the appropriate Government; (c) a worker including a gig-worker, home-based worker and wage worker; but does not include any member of the Armed Forces of the Union: Provided that notwithstanding anything contained in this clause, in case of a mine a person is said to be—employed in a mine who works as the manager or who works under appointment by the owner, agent or manager of the mine or with the knowledge of the manager, whether for wages or not—SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 289 (i) in any mining operation (including the concomitant operations of handling and transport of minerals up to the point of dispatch and of gathering sand and transport thereof to the mine); (ii) in operations or services relating to the development of the mine including construction of plant therein but excluding construction of buildings, roads, wells and any building work not directly connected with any existing or future mining operations; (iii) in operating, servicing, maintaining or repairing any part of any machinery used in or about the mine; (iv) in operations, within the premises of the mine, of loading for dispatch of minerals; (v) in any office of the mine; (vi) in any welfare, health, sanitary or conservance services required to be provided under this Code relating to mine, or watch and ward, within the premises of the mine excluding residential area; or (vii) in any kind of work whatsoever which is preparatory or incidental to, or connected with, mining operations; (e) "employer" means a person who employs, whether directly or through any person, or on his behalf, or on behalf of any person, one or more employees in his establishment and where the establishment is carried on by any department of the Central Government or the State Government, the authority specified, by the head of such department, in this behalf or where no authority, is so specified the head of the department and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,— (i) in relation to an establishment which is a factory, the occupier of the factory; (ii) in relation to mine, the owner of the mine or agent or manager having requisite qualification under the law for the time being in force and appointed by the owner or agent of the mine as such; (iii) in relation to any other establishment, the person who, or the authority which has ultimate control over the affairs of the establishment and where said affairs are entrusted to a manager or managing director, such manager or managing director; (iv) Contractor; and (v) legal representative of a deceased employer; (f) "establishment" means— (i) a factory; (ii) a mine; (iii) a plantation; (iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances; (v) a shop or establishment; (vi) means any place where any industry, trade, business, manufacture or occupation is carried on and includes Government establishment; or290 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (vii) an establishment to which the provisions of this Act have been declared under section 2 to be applicable; (g) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948; (h) "gig worker" means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship; (i) "Government establishment" means any office or department of the Government or local authority; (j) "home-based worker" means a person engaged in the production of goods or services for an employer in his home or other premises of his choice other than the workplace of the employer, for remuneration, irrespective of whether or not the employer provides the equipment, materials or other inputs; (k) "menstrual hygiene management" means women and adolescent girls using a clean menstrual management material to absorb or collect blood or discharge that may be changed in privacy as often as necessary for the duration of the menstruation period, using soap and water for washing the body as required, and having access to facilities to dispose of used menstrual management materials; (l) "menstruation benefit" means the benefits referred to in section 4; (m) "notification" means a notification published in the Gazette of India or in the Official Gazette of a State, as the case may be, and the expression "notify" with its grammatical variations and cognate expressions shall be construed accordingly; (n) "organised sector" means an enterprise which is not in an unorganised sector; (o) "prescribed" means prescribed by rules under this Act made by the appropriate Government; (p) "sanitary napkin" means pad of absorbent material used by women during menstruation period; and "synthetic napkin" means sanitary napkins made by chemical synthesis, especially to imitate a natural product; (q) "self-employed worker" means any person who is not employed by an employer, but engages himself in any occupation in the unorganised sector subject to a monthly earning of an amount as may be notified by the Central Government or the State Government from time to time or holds cultivable land subject to such ceiling as may be notified by the State Government; (r) "State" includes a Union Territory; (s) "unorganised sector" means an enterprise owned by individuals or self- employed workers and engaged in the production or sale of goods or providing service of any kind whatsoever, and where the enterprise employs workers, the number of such workers is less than ten; (t) "unorganised worker" means a home-based worker, self-employed worker or a wage worker in the unorganised sector and includes a worker in the organised sector who is not covered by the Industrial Disputes Act, 1947 or Chapter III to VII; (u) "wage worker" means a person employed for remuneration in the unorganised sector, directly by an employer or through any contractor, irrespective of place of work, whether exclusively for one employer or for one or more employers, whether in cash or in-kind, whether as a home-based worker, or as a temporary or casual worker, or as a migrant worker, or workers employed by households including domestic workers,SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 291 with a monthly wage of an amount as may be notified by the Central Government and State Government, as the case may be; (v) "wages" means all remuneration, whether by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes;— (a) basic pay; (b) dearness allowance; and (c) retaining allowance, if any; but does not include— (a) any bonus payable under any law for the time being in force, which does not form part of the remuneration payable under the terms of employment; (b) the value of any house accommodation, or of the supply of light, water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate Government; (c) any contribution paid by the employer to any pension or provident fund, and the interest which may have accrued thereon; (d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expenses entailed on him by the nature of his employment; (f) house rent allowance; (g) remuneration payable under any award or settlement between the parties or order of a court or Tribunal; (h) any overtime allowance; (i) any commission payable to the employee; (j) any gratuity payable on the termination of employment; (k) any retrenchment compensation or other retirement benefits payable to the employee or any ex-gratia payment made to him on the termination of employment: Provided that, for calculating the wages under this clause, if payments made by the employer to the employee under clauses (a) to (i) exceeds one-half, or such other per cent. as may be notified by the Central Government, of all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent. so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause; Provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages the emoluments specified in clauses (d), (f), (g) and (h) shall be taken for computation of wage. Explanation.—Where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent. of the total wages payable to him, shall be deemed to form part of the wages of such employee.292 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (w) "woman" means any person who is of the female sex including adolescent girls who are women below the age of eighteen, transgender, gender non-conforming or queer persons, to whom this Act is applicable; (x) "worker" means any person (except an apprentice as defined under clause (aa) of section 2 of the Apprentices Act, 1961) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes— (i) working journalists as defined in clause (f) of section 2 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955; and (ii) sales promotion employees as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976, and for the purposes of any proceeding under this Code in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched or otherwise terminated in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute; (iii) any person who is employed in the police service or as an officer or other employee of a prison; or (iv) any person who is employed mainly in a managerial or administrative capacity; or (v) any person who is employed in a supervisory capacity drawing wage of exceeding fifteen thousand rupees per month or an amount as may be notified by the Central Government from time to time; but does not include any such person— who is subject to the Air Force Act, 1950, or the Army Act, 1950, or the Navy Act, 1957, during the period of war; Rights of 4. Every woman shall be entitled to the following rights— women. (a) Right to self-perception of her menstruation including but not limited to menarche (first menstruation), menopause, menstrual cycle, primary or secondary dysmenorrhea (PD or menstrual pain) in accordance with the provisions of this Act; (b) Right to paid leave and absence from work for three days during her menstruation, for a female employee in any establishment registered with the appropriate Government; Provided that if a woman employee undergoing menstruation opts to work instead of taking leave, she shall be paid overtime wages allowance at such rate and in such manner as may be prescribed. Explanation.—For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, or one rupee a day, whichever is higher. There shall be paid wages at the rate of twice the rate of wages in respect of overtime work, where a worker works in an establishment or class of establishments for more than such hours of work in any day or in any week as prescribed by the appropriate Government and the period of overtime work shall be calculated on a daily basis or weekly basis, whichever is more favourable to such worker: Provided further that no worker shall be required to work overtime by the employer without the prior consent of the worker in writing for such work.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 293 (c) Right to leave of absence from school, college, university or an educational institution for three days during her menstruation, for an adolescent girl who is a student in or above Class VIII; (d) Right to thirty minutes of rest period twice a day for not more than four days during menstruation in a month, for every woman employee working in the establishment during her menstruation. (e) Right to menstrual hygiene management facilities and equity for all women. (f) Right to receive intimation and information in writing or electronically regarding every health benefit available under this Act, at the time of the appointment; (g) Right to separate toilets for women, transgender persons and specially-abled persons in public spaces, metros, railway stations, highways, airports, malls, theatres, public toilets, Government offices and educational institutions. 5. (1) Every employer shall be liable for providing three days paid leave and the Duties of payment of adequate wages, overtime allowance and relevant salary to the female employees employers including and other rights in accordance with the provisions of this Act; educational (2) No employee shall discriminate against female employees on the basis of benefits institutions and provided to women under this Act, at the time of hiring or promotion; Government offices. (3) Every employee shall set up a grievance redressal mechanism such as the Internal Complaints Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 or similar Grievance Redressal Committees and Human Resource departments constituted within the establishment which shall address the grievance pertaining to menstrual leave within the establishment: Provided that if not constituted, the employer shall be held responsible for the non- implementation of the provisions of this Act, and for addressing or resolving the grievance pertaining to menstrual leave within the establishment. 6. The appropriate Governments shall: Facilities to women. (a) provide biodegradable sanitary pads, tampons or other such sanitary napkins in the separate restrooms, at no cost to the women; (b) ensure provision of adequate waste-baskets, dustbins, trash-cans and tissue papers, toilet rolls, bags, envelopes or newspapers for the safe, secure and easy disposal or menstrual discharge; (c) annually celebrate 28th May as Menstrual Hygiene Day; (d) ensure the implementation of Guidelines on Menstrual Hygiene Management (MHM) issued by the Government under the Swachh Bharat Mission Guidelines (SBM-G). (e) take such steps, as may be necessary, for creating awareness among the females and adolescent girls about menstrual hygiene management and removing stigma or taboo associated with menstruation through the means of mass media and by organising such events as it deems fit in classes, seminars and counselling sessions in every Government and private educational institutions in the villages, urban, rural and remote areas regarding hygienic menstrual practices to be followed. 7. Whoever,— Punishment. (a) denies leave to a woman during her menstruation; or (b) obstructs a female employee from the entitlement of menstrual leave; or (c) denies or discontinues prescribed rest and recreation facilities to the women during her menstruation; or294 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (d) contravenes any provision of this Act, shall be punishable with imprisonment for a term which shall not be less than one month but which may extend up to three months and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees. Funds to the 8. The Central Government shall, after due appropriation made by Parliament by law in State this behalf, provide such sums of money to the State Governments as it thinks necessary for Government. carrying out the provisions of this Act. Provision to 9. The provisions of this Act shall be in addition to and not in derogation of any other be in addition. law for the time being in force. Power to 10. (1) The apropriate 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 or State Government shall be laid, as soon as may be after it is made, before each House of Parliament or the Legislative Assembly and the Legislative Council, as the case may be, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 295 STATEMENT OF OBJECTS AND REASONS Only in seven of India's States and Union territories did ninety per cent. or more women in the fifteen to twenty-five age group use hygienic protection during menstruation, according to the latest national health data Not even fifty per cent. women used clean methods of dealing with menstrual hygiene in eight States and Union Territories according to the National Family Health Survey-4 (NFHS), released in 2015-16. This is the dark reality behind all the talks of women empowerment. Even now, women are considered "impure" during their period, subjected to social, religious and cultural restrictions. This shame around menstruation also forces girls to opt-out of school once they reach puberty, impending the growth of female literacy in India. In rural India, twenty-three per cent. of girls have listed menstruation as the chief reason for dropping out of school. Reproductive Tract Infections (RTIs) are extremely common among women that they are reported to affect one-third of women of reproductive age around the world, according to a report by the World Health Organization (WHO). Sexually transmitted infections (of which RTI is a significant contributor) are also classified among the "top five disease categories", by WHO. The risk of women contracting RTIs is high in rural India, where, in the absence of toilets in villages, access to sanitation is still limited. Sanitary pads are either too expensive or unavailable for women in many parts of India. And unless we provide awareness to women, remove the stigma, increase accessibility to affordable prodects; we are not solving the problem in its entirety. Non- biodegradable sanitary napkins poe a huge challenge in India, where the disposal system is largely missing in rural areas. Acconding to census 2011 population data, 336 million girls and women in India experience menstruation and it can be safely estimated that about 121 million girls and women are currently using locally or commercially produced disposable sanitary napkins. The end result is that a staggering one billion non-compostable pads are landing up in urban sewers, landfills, as well as in rural fields and water bodies in India every month which takes years to decompose. The lack of disposal treatment options may lead to unsafe management of a mammoth volume of menstrual waste, which affects the health of those living in the areas that the waste is disposed of, as well as negatively affecting the water cycle in the area. Menstruation is still a taboo subject in India and the lack of first-hand understanding of the experience of menstruation by most policy makers means that it has not received the requisite importance it deserves when it comes to framing policy. There is need to provide information to women and adolescent girls regarding how frequently one should change sanitary napkins and what is the proper methods to dispose of them. They need somewhere private to change sanitary cloths or pads; clean water and soap for washing their hands, bodies and reusable cloths; and facilities for safely disposing of used materials or a clean place to dry them if reusable. To avoid a staggering amount of non-degradable waste generated by using synthetic sanitary pads, there is a need to promote manufacturing and usage of biodegradable pads. There is also a need for both men and women to have a greater awareness of good menstrual hygiene practices. It is necesary to create awareness among women and adolescent girls regarding menstrual hygiene, safe usage and disposal of sanitary napkins, easy access of affordable sanitary napkins to women in villages and remote areas and promotion and use of biodegradable napkins. Hence, this Bill. NEW DELHI; S. JOTHIMANI October 28, 2019.296 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 6 of the Bill provides for the construction of separate toilets, distribution of sanitary napkins, disposal mechanisms and creating awarencess regarding menstrual hygiene management among women through programmes. Clause & provides that the Central Government shall provide funds to the State Governments for the effective implementation of the Act. The Bill, therefore, if enacted, will involve expenditure from the consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees one thousand crore would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees five handred crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the appropriate Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 297 BILL NO. 305 OF 2019 A Bill to regulate the employment of men in certain establishments for certain periods before and after becoming a father and to provide for paternity benefit and certain other benefits. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Paternity Benefit Act, 2019. 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. It applies, in the first instance,— Application of Act. (a) to every establishment being a factory, mine or plantation including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;298 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) to every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months: Provided that the State Government may, with the approval of the Central Government, after giving not less than one month’s notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise; (c) to every men who is self-employed or working in the unorganised sector or in establishments where less than ten persons are employed. Definitions. 3. In this Act, unless the context otherwise requires,— (a) "appropriate Government" means, in relation to an establishment being a mine, or an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances, the Central Government and in relation to any other establishment, the State Government; (b) "child" includes a still-born child; (c) "commissioning mother" means a biological mother who uses her egg to create an embryo implanted in any other woman; (d) "delivery" means the birth of a child; (e) "employer" means— (i) in relation to an establishment which is under the control of the Government, a person or authority appointed by the Government for the supervision and control of employees or where no person or authority is so appointed, the head of the department; (ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority; (iii) in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment and where the said affairs are entrusted to any other person whether called a manager, managing director, managing agent, or by any other name, such person; (f) "establishment" means— (i) a factory; (ii) a mine; (iii) a plantation; (iv) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances; (v) a shop or establishment; or (vi) an establishment to which the provisions of this Act have been declared under section 2 to be applicable; (g) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948. 63 of 1948. (h) "Inspector" means an Inspector appointed under section 12;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 299 (i) "man" means a man,— (1) employed, whether directly or through any agency, for wages in any establishment; (2) self-employed or working in the unorganised sector or in establishments where less than ten persons are employed; and 35 of 1952. (j) "mine" means a mine as defined in clause (i) of section 2 of the Mines Act, 1952; (k) "miscarriage" means expulsion of the contents of a pregnant uterus at any period prior to or during the twenty-six weeks of pregnancy but does not include any miscarriage, the causing of which is punishable under the Indian Penal Code, 45 of 1860. 1860; (l) "paternity benefit" means the payment referred to in section 4; (m) "plantation" means a plantation as defined in clause (f) of section 2 of the 69 of 1951. Plantations Labour Act, 1951; (n) "prescribed" means prescribed by rules made under this Act; (o) "State Government", in relation to a Union territory, means the Administrator thereof; (p) "wages" means all remuneration paid or payable in cash to a man, if the terms of the contract of employment, express or implied, were fulfilled and includes— (1) such cash allowances (including dearness allowance and house rent allowance) as a man is for the time being entitled to; (2) incentive bonus; and (3) the money value of the concessional supply of foodgrains and other articles, but does not include— (i) any bonus other than incentive bonus; (ii) over-time earnings and any deduction or payment made on account of fines; (iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the man under any law for the time being in force; and (iv) any gratuity payable on the termination of service; and (q) "women"means a women who is expecting or has become a mother. 4. (1) Subject to the provisions of this Act, every man shall be entitled to, and his Right to employer shall be liable for, the payment of paternity benefit at the rate of the average daily payment of paternity wage for the period of his actual absence, that is to say, the period immediately preceding the benefit. day of delivery of child to his legally wedded wife, or commissioning mother the actual day of delivery of child to his legally wedded wife, or commissioning mother and any period immediately following that day. Explanation:— For the purpose of this sub-section, the average daily wage means the average of the man's wages payable to him for the days on which he has worked during the period of three calender months immediately preceding the date from which he absents himself on account of paternity, the minimum rate of wage fixed 11 of 1948. or revised under the Minimum Wages Act, 1948 or ten rupees, whichever is the highest. (2) No man shall be entitled to paternity benefit unless he has actually worked in an establishment of the employer from whom he claims paternity benefit, for a period of not less than eighty days in the twelve months immediately preceding the expected date of delivery of child to his legally wedded wife or commissioning mother:300 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that the qualifying period of eighty days aforesaid shall not apply to a man who has immigrated into the State of Assam and whose wife was pregnant at the time of the immigration. Explanation.—For the purpose of calculating under this sub-section the days on which a man has actually worked in the establishment, the days for which he has been laid off or was on holidays declared under any law for the time being in force to be holidays with wages during the period of twelve months immediately preceding the expected date of delivery of the child shall be taken into account. (3) The maximum period for which any man shall be entitled to paternity benefit shall be fifteen weeks of which not more than seven weeks shall precede the date of expected delivery: Provided that paternity benefit shall be availed up to three months from the date of delivery of child: Provided further that where a man dies during this period, the paternity benefit shall be payable only for the days up to and including the day of his death: Provided also that where a man dies during the period immediately following the date of delivery of his child for which he is entitled for the paternity benefit, leaving behind the child, the employer shall be liable for the paternity benefit for that entire period but if the child also dies during the said period, then, for the days up to and including the date of the death of the child. (4) Subject to provisions of this Act, every man who legally adopts a child below the age of three months or the legal husband of the commissioning mother, shall be entitled to paternity benefit for a period of fifteen weeks from the date the child is handed over to the adopting father or legal husband of the commissioning mother, as the case may be. (5) Notwithstanding anything contained in this Act, where the nature of work assigned to a man is of such nature that he may work from home, the employer may allow him to do so after availing of the paternity benefit for such period and on such conditions as the employer and the man may mutually agree. Parental 5. (1) The Central Government shall formulate a scheme to be known as the Parental Benefit Benefit Scheme for providing paternity benefit to every man. Scheme. (2) The Central Government shall, by notification in the Official Gazette, constitute a Fund to be known as the Parental Benefit Scheme Fund for carrying out the purposes of this Act. (3) All employees (Irrespective of gender), employers and the Central Government shall contribute to the Fund in such ratio as may be prescribed. (4) The Fund shall be utilised to meet the costs related to paternity benefit under this Act. (5) The Central Government shall, in consultation with the State Governments, the employee and the employer unions/associations, by notification in the Official Gazette, issue guidelines for implementation of Parental Benefit Scheme. 6. (1) Any man entitled to paternity benefit under the provisions of this Act may give Notice of claim for notice in writing in such form as may be prescribed, to his employer, stating that his paternity paternity benefit and any other amount to which he may be entitled under this Act may be paid to him benefit and or to such person as he may nominate in the notice and that he will not work in any payment establishment during the period for which he receives paternity benefit. thereof. (2) In the case of a man whose legally wedded wife is pregnant, such notice shall state the date from which he shall be absent from work, not being a date earlier than seven days from the date of expected delivery or any such other prescribed date.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 301 (3) Any man who has not given the notice before leave may give such notice as soon as possible after the delivery of child to his legally wedded wife. (4) On receipt of the notice, the employer or local authority shall permit such man to absent himself from the establishment during the period for which he receives the paternity benefit. (5) The amount of paternity benefit for the period preceding the date of expected delivery of child to the wife of a man shall be paid in advance by the employer to the man on production of such proof as may be prescribed that his wife is expecting a child, and the amount due for the subsequent period shall be paid by the employer to the man within forty- eight hours of production of such proof as may be prescribed that the man has become a father. (6) The failure to give notice under this section shall not disentitle a man to paternity benefit or any other amount under this Act if he is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the man, order the payment of such benefit or amount within such period as may be specified in the order. 7. If a man entitled to paternity benefit or any other amount under this Act, dies before Payment of receiving such paternity benefit or amount, or where the employer is liable for paternity paternity benefit in case benefit under the second proviso to sub-section (3) of section 4, the employer shall pay such of death of a benefit or amount to the person nominated by the man in the notice given under section 6 man. and in case there is no such nominee, to his legal representative. 8. In case of miscarriage of his wife, a man shall, on production of such proof as may be Leave for prescribed, be entitled to leave with wages at the rate of paternity benefit, for a period of miscarriage. seven days immediately following the day of the miscarriage. 9. (1) Every establishment having fifty or more employees shall have the facility of Creche creche within such distance as may be prescribed, either separately or along with common facility. facilities: Provided that the employer shall allow four visits a day to the creche by the man: Provided further that the creche shall have trained staff for taking care of the children. (2) The appropriate Government shall issue guidelines for the establishment, operation and maintenance of creche established under sub-section (1). 10. Every establishment shall inform in writing and electronically to every man at the Duty of time of his initial appointment regarding facilities and benefits available under this Act. establishment. 11. (1) When a man absents himself from work in accordance with the provisions of Dismissal this Act, it shall be unlawful for his employer to discharge or dismiss him during or on during absence. account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to his disadvantage any of the conditions of his service. (2) The discharge or dismissal of a man at any time during his paternity leave, if the man but for such discharge or dismissal would have been entitled to paternity benefit, shall not have the effect of depriving him of the paternity benefit: Provided that where the dismissal is for any prescribed gross misconduct, the employer may, by order in writing communicated to the man, deprive him of the paternity benefit. (3) Any man deprived of paternity benefit, or discharged or dismissed during or on account of his absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to him, appeal to such authority as may be prescribed, and the decision of302 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— that authority on such appeal, whether the man should or should not be deprived of paternity benefit or discharged or dismissed shall be final. (4) Nothing contained in sub-sections (2) and (3) shall affect the provisions contained in sub-section (1). Appointment 12. The appropriate Government may, by notification in the Official Gazette, appoint of Inspectors. such officers as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits of the jurisdiction within which they shall exercise their functions under this Act. Powers and 13. An Inspector may, subject to such restrictions or conditions as may be prescribed, duties of exercise all or any of the following powers, namely:— Inspectors. (a) enter at all reasonable times with such assistants, if any, being persons in the service of the Government or any local or other public authority, as he or she thinks fit, any premises or place where men are employed or work is given to them in an establishment, for the purposes of examining any registers, records and notices required to be kept or exhibited by or under this Act and require their production for inspection; (b) examine any person whom he finds in any premises or place and who, he has reasonable cause to believe, is employed in the establishment: Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate himself; (c) require the employer to give information regarding the names and addresses of men employed, payments made to them, and applications or notices received from them under this Act; and (d) take copies of any registers and records or notices or any portions thereof. Inspectors to 14. Every Inspector appointed under this Act shall be deemed to be a public servant be public within the meaning of section 21 of the Indian Penal Code, 1860. 45 of 1860. servants. Power of 15. (1) Any man claiming that — Inspector to direct (a) paternity benefit or any other amount to which he is entitled under this Act payments to and any person claiming that payment due under section 7 has been improperly be made. withheld; (b) his employer has discharged or dismissed him during or on account of his absence from work in accordance with the provisions of this Act, may make a complaint to the Inspector. (2) The Inspector may, on his own motion or on receipt of a complaint referred to in sub-section (1), make an inquiry or cause an inquiry to be made and if satisfied that — (a) payment has been wrongfully withheld, may direct the payment to be made in accordance with his orders; and (b) he has been discharged or dismissed during or on account of his absence from work in accordance with the provisions of this Act, may pass such orders as are just and proper according to the circumstances of the case. (3) Any person aggrieved by the decision of the Inspector under sub-section (2) may, within thirty days from the date on which such decision is communicated to such person, appeal to the prescribed authority. (4) The decision of the prescribed authority where an appeal has been referred to it under sub-section (3) or of the Inspector where no such appeal has been referred, shall be final. (5) Any amount payable under this section shall be recoverable by the Collector on a certificate issued for that amount by the Inspector as an arrear of land revenue.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 303 16. If a man works in any establishment after he has been permitted by his employer or Forfeiture of local authority to absent himself under the provisions of section 6 for any period during such paternity benefit. authorised absence, he shall forfeit his claim to the paternity benefit for such period. 17. An abstract of the provisions of this Act and the rules made thereunder in the Abstract of language or languages of the locality shall be exhibited in a conspicuous place by the Act and rules thereunder to employer in every part of the establishment in which men are employed. be exhibited. 18. Every employer shall prepare and maintain such registers, records and muster-rolls Registers, etc. and in such manner as may be prescribed. 19. (1) If any employer fails to pay any amount of paternity benefit to a man entitled Penalty for under this Act or discharges or dismisses such man during or on account of his absence from contravention of Act by work in accordance with the provisions of this Act, he shall be punishable with imprisonment employer or which shall not be less than three months but which may extend to one year and with fine local which shall not be less than twenty thousand rupees but which may extend to fifty thousand authority. rupees: Provided that the court may, for sufficient reasons to be recorded in writing, impose a sentence of imprisonment for a lesser term or fine only in lieu of imprisonment. (2) If any employer contravenes the provisions of this Act or the rules made thereunder, he shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with imprisonment which may extend to one year, or with fine which may extend to fifty thousand rupees, or with both: Provided that where the contravention is of any provision regarding paternity benefit or regarding payment of any other amount and such paternity benefit or amount has not already been recovered, the court shall, in addition, recover such paternity benefit or amount as if it were a fine and pay the same to the person entitled thereto. 20. Whoever fails to produce on demand by the Inspector any register or document in Penalty for his custody kept in pursuance of this Act or the rules made thereunder or conceals or obstructing Inspector. prevents any person from appearing before or being examined by an Inspector shall be punishable with imprisonment which may extend to one year, or with fine which may extend to fifty thousand rupees, or with both. 21. (1) Any aggrieved man, an office-bearer of a trade union registered under the Trade Congnizance Unions Act, 1926 of which such man is a member or a voluntary organisation registered of offences. 16 of 1926. under the Societies Registration Act, 1860 or an Inspector, may file a complaint regarding the 21 of 1860. commission of an offence under this Act in any court of competent jurisdiction but no such complaint shall be filed after the expiry of one year from the date on which the offence is alleged to have been committed. (2) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act. 22. No suit, prosecution or other legal proceeding shall lie against any person for Protection of anything which is in good faith done or intended to be done in pursuance of this Act or of action taken in good faith. any rule or order made thereunder. 23. The Central Government may give such directions as it may deem necessary to a Power of State Government regarding the carrying into execution of the provisions of this Act and the Central Government State Government shall comply with such directions. to give directions. 24. If the appropriate Government is satisfied that having regard to an establishment Power to or a class of establishments providing for the grant of benefits which are not less favourable exempt establishments. than those provided in this Act, it is necessary so to do, it may, by notification in the Official Gazette, exempt, subject to such conditions and restrictions, if any, as may be specified in the notification, the establishment or class of establishments from the operation of all or any of the provisions of this Act or of any rule made thereunder.304 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Effect of laws 25. (1) The provisions of this Act shall have effect notwithstanding anything and inconsistent therewith contained in any other law or in the terms of any award, agreement or agreements contract of service, whether made before or after the coming into force of this Act: inconsistent with this Act. Provided that where under any such award, agreement, contract of service or otherwise, a man is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the man shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed to preclude a man from entering into an agreement with his employer or local authority for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act. Power to 26. (1) The appropriate Government may, subject to the condition of previous publication make rules. and by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the preparation and maintenance of registers, records and muster rolls; (b) the exercise of powers (including the inspection of establishments) and the performance of duties by Inspectors for the purposes of this Act; (c) the method of payment of paternity benefit and other benefits under this Act in so far as provision has not been made therefor in this Act; (d) the form of notices under section 6; (e) the nature of proof required under the provisions of this Act; (f) acts which may constitute gross misconduct for purposes of section 11; (g) the authority to which an appeal under sub-section (3) of section 11 shall lie; the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof; (h) the authority to which an appeal shall lie against the decision of the Inspector under section 15; the form and manner in which such appeal may be made and the procedure to be followed in disposal thereof; (i) the form and manner in which complaints may be made to Inspectors under sub-section (1) of section 15 and the procedure to be followed by them when making inquiries or causing inquiries to be made under sub-section (2) of that section; and (j) any other matter which is to be, or may be, prescribed. (3) Every rule made by the Central Government 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 Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) 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 305 STATEMENT OF OBJECTS AND REASONS The parents of a new born are jointly responsible for the proper care, physical growth, mental and emotional development of a child paid , leave and absence from work, in order to devote time to ensure the well being of the child, is required equally for the spouses. The Maternity Benefit Act, 1961 provides for twenty six weeks of maternity leave and other associated benefits. There is a need for similar no pan India legislation that provides for paternity leave. Paternity leave is necessary to change the societal notion implies that child care is the responsibility of only the mother. A paternity leave policy can help in shaping incremental attitudinal changes and to remove gender role distinctions. The International Labour Organisation in its 2014 Report on Maternity and Paternity at work says, "Fathers who take leave, especially those taking two weeks or more immediately after childbirth, are more likely to be involved with their young children. This can have positive effects for gender equality in the home and at work and may indicate shifts in relationships and perceptions of parenting roles and prevailing stereotypes". Introduction of paternity leave for the spouse will ensure that the mother gets some time to adjust, support during and after childbirth and is not forced to return to the workforce in order to generate income. Maternity Benefit Act, 1961 places the financial burden solely on employers and the absence of any paternity leave might be counterproductive as it may discourage the private sector, which is driving women employment, from hiring, retaining or promoting women. World over there has been a shift away from an employer liability system towards collective social security schemes in which the employee, employer and Government contribute towards maternity and paternity benefits. At present, the Central employees under the All India and Central Civil Services Rules can avail a paid fifteen day paternity leave. India is already in the list of countries providing the highest maternity leave alongwith a progressive paternity leave, India will be in the top countries to provide the highest paternity leave and other associated benefits. Hence this Bill. NEW DELHI; S. JOTHIMANI October 28, 2019.306 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 5 of the Bill provides for constitution of Parental Benefit Scheme Fund to which the Central Government and all State Governments shall contribute. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure to the tune of rupees two thousand crore would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees fifty crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 5 of the Bill empowers the Central Government to issue guidelines for implementation of Paternity Benefit Scheme. Clause 9 empowers the appropriate Government to issue guidelines for establishment, operation and maintenance of creche in every establishment. Clause 26 empowers the Central Government to make rules for carrying out the purposes of this Bill. As the guidelines and 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 307 BILL NO. 77 OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2020. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In article 326 of the Constitution, for the words "eighteen years " the words "seventeen Amendment years" shall be substituted. ofarticle326.308 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The minimum age of eighteen years for voting is prescribed by the Constitution. However, in many countries, the debate is going on to reduce the voting age to below eighteen. The young voters do not care for caste backgrounds of candidates and hence improve the chances of clean and honest people getting elected. The Present-day youth are literate and enlightened and well advanced in general knowledge/awareness. They are very keenly watching day-to-day politics and what is going on in the country and able to find out the solutions to all problems because of social media, print media and electronic media. So, they may be given a chance to elect a person/political leader of their choice to rule the country by voting in the Lok Sabha elections as well as in the State Assembly elections. This would add more young voters to the electoral college. The voting registration should start when a person is sixteen years old but must be eligible to vote when he completes seventeen years of age. Hence, there is need to further amend the Constitution to lower the voting age from the existing eighteen years to seventeen years without any further delay. As per the data published by Statistical Research Department in December, 2019, approximately forty-four million youth between sixteen-seventeen years across the country will exercise franchise their right to vote in the coming elections to the Legislative Assemblies of the States and Lok Sabha in the year 2024. Hence this Bill. NEW DELHI; T. R. PAARIVENDHAR January 27, 2020.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 309 FINANCIAL MEMORANDUM Clause 2 of the Bill seeks to lower the age of voting to the House of the People and to the Legislative Assemblies of States from eighteen years to seventeen years. The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India. It is estimated that an expenditure of about rupees one hundred crore would be involved from the Consolidated Fund of India for the purpose of revision of electoral roll, printing of additional ballot papers at the time of election, setting of additional polling stations, etc. The Bill, on enactment, would not involve any other expenditure, either recurring or non-recurring.310 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 109 OF 2020 A Bill to allocate Funds to each Lok Sabha Parliamentary constituency to undertake various developmental activities by the member of Parliament concerned to augment the infrastructural facilities within the jurisdiction of such Parliamentary constituency and for matters connected therewith. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Parliamentary Constituency (Lok Sabha) Development extent and Fund Act, 2020. commencement. (2) It extends to the whole of India. (3) It shall come into force with immediate effect. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "Assembly constituency" means State Legislative Assembly constituency within the Parliamentary constituency;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 311 (b) "Auxiliary Authority" means the District Collector of concerned Parliamentary constituency and/or the Assembly constituency; (c) "Parliamentary constituency" means the Lok Sabha Parliamentary constituency; and (d) "prescribed" means prescribed by rules made under this Act. 3. The Central Government shall, after due appropriation made by Parliament by law in Allocation of this behalf, allocate seven crore rupees every year to each Parliamentary constituency to Funds for the development of undertake various developmental activities by the member of Parliament concerned in such Parliamentary manner as may be prescribed. constituency. 4. The Auxiliary Authority concerned shall,— Role of Auxiliary (a) identify the sectors and areas in the Parliamentary constituency for the Authority. developmental activities and release the funds from the funds allocated under section 3 accordingly; and (b) coordinate, monitor and supervise the developmental activities being undertaken in the Parliamentary constituency by utilising the funds allocated under section 3. 5. The Auxiliary Authority shall release the fund from the allocated fund under Auxiliary section 3 for the developmental activities to be undertaken by the contractor or job undertaker, Authority to release the as the case may be after being approved by the member of Parliament of the Parliamentary fund after constituency concerned: approval of member of Parliament. Provided that if any disputes arises in releasing the fund to the contractors or job undertaker, the dispute shall be sorted out by calling a meeting of member of Parliament of the Parliamentary constituency concerned with the Auxiliary Authority of the area and contractors or job undertaker in such manner as may be prescribed. 6. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may, by order, published in the Official Gazette, make such provisions not remove difficulties. inconsistent with the provisions of this Act, as may be necessary for removing the difficulty: Provided that no order shall be made under this sub-section after the expiry of the two years from the appointed day. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 7. The provisions of this Act shall be in addition to and not in derogation of any other Act not to be law or rules made thereunder for the time being in force. in derogation of other laws. 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.312 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS During the election campaign, every member of Parliament whether of ruling party or a opposition party have to make a number of promises to the people of constituency. Once elected, the elected member of Parliament has to face lot of difficulties and inability to fulfil the promises made during the election campaign as the allocation of fund to carry out the local area development under the existing MPLADS (Members of Parliament Local Areas Development Scheme) is very less. In some States, every parliamentary constituency covers six or seven Assembly constituencies and member of Parliament has to face lot of difficulties in giving preference to undertake any developmental activities such as construction of community hall, smart class in the schools, etc. in a large area with insufficient allocated funds. At present, rupees five crores is being allocated under MPLADS (Members of Parliament Local Areas Development Scheme) which is very less and it becomes very difficult for the member representing the area to allocate funds to each Assembly constituencies. Hence, the Central Government shall take necessary steps to replace the existing MPLADS (Members of Parliament Local Areas Development Scheme) with the proposed enactment in order to make it legally binding to allocate at least rupees seven crores every year to each Lok Sabha constituencies to carry out the developmental activities for the welfare of the society. Hence this Bill. NEW DELHI; T. R. PAARIVENDHAR March 11, 2020.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 313 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for allocation of seven crore rupees by the Central Government for each Lok Sabha constituency. The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure about rupees three thousand eight hundred and one crore per annum would involve from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.314 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 298 OF 2019 A Bill to constitute a Board to identify areas for developing exclusive wildlife corridors and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Wildlife Corridors Act, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 315 2. In this Act, unless the context otherwise requires, "wildlife corridors" means a Definition. habitat linkage that joins two or more areas of wildlife habitat allowing movement of wildlife from one area to another. 3. (1) The Central Government shall, by notification in the Official Gazette, constitute Constitution a Board to be known as the Wildlife Corridors Identification Board to identify areas in every of the Wildlife State, which shall be developed as exclusive Wildlife Corridors. Corridors Identification (2) The Board shall, while identifying areas for Wildlife Corridors, ensure that the Board. areas to be developed as Wildlife Corridors are located at a distance of at least ten kilometers from areas inhabited by human beings. 4. The Central Government shall, within one year of the identification of areas, take Central steps to develop such areas as exclusive wildlife corridors. Government to develop wildlife corridors. 5. No person shall— Prohibition on certain (i) use the wildlife corridors; activities in Wildlife (ii) construct any building in or near the wildlife corridors; Corridors. (iii) cut any tree in the wildlife corridors; (iv) ride any vehicle within one kilometer on either side of the wildlife corridors; (v) set fire or use any fire cracker in or near the wildlife corridors; and (vi) use of any fire arms in or near the wildlife corridors. 6. If any wild animal during movement strays outside the wildlife corridors or enters Strayed human inhabitation, the Forest Officer concerned shall take steps to send back such animal animals to be sent back to to wildlife corridors. Wildlife Corridors. 7. Whoever violates the provisions of this Act shall be punished with fine which may Penalty. extended upto rupees one lakh. 8. Notwithstanding anything in this Act, the wildlife corridors may be used for— Use of Wildlife (i) transportation of human beings in case of medical emergency; Corridors for specific (ii) transportation of sick wild animals for medical treatment; and purposes. (iii) putting off fire in forest areas. 9. 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 for the time being in force. 10. (1) The Central Government may, by notification in the Offical 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.316 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In the recent years, there has been gross interference in the ecosystem both by wild animals and human beings. As a result, the ecosystem has not only been destroyed but also there has been a considerable loss to human life, property and economy of the country. Incidents of wild animals straying into human inhabitation and destroying the crops are not uncommon. Likewise human beings have extensively damaged the forests forcing the wild animals coming into conflict with human beings. Therefore, in order to have a proper balance, it is proposed to set up designated corridors for wildlife. Hence this Bill. NEW DELHI; RAHUL SHEWALE October 25, 2019SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 317 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of the Wildlife Identification Board to identify areas in every State for development of wildlife corridors. Clause 4 provides that the Central Government shall take steps to develop wildlife corridors. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees five hundred crore per annum would be involved from the Consolidated Fund of India for maintenance of wildlife corridors. A non-recurring expenditure of about rupees one hundred crore is likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.318 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 264 OF 2019 A Bill further to amend the Food Safety and Standards Act, 2006. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Food Safety and Standards (Amendment) Act, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment 2. In section 19 of the Food Safety and Standards Act, 2006 after the words “contain”, 34 of 2006. of section 19. the words “sugar in excess of the limit prescribed or” shall be inserted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 319 STATEMENT OF OBJECTS AND REASONS It has been seen that many food items consist of excess sugar levels which are harmful especially for the persons suffering from diabetes. The need is to put a limit within which sugar shall be contained in any food item. Moreover, if any food product contains more than the approved sugar level, punishment should be awarded. The Bill, therefore, seeks to amend the Food Safety and Standards Act, 2006 with a view to prohibit use of excess limit of sugar in any article of food. Hence this Bill. NEW DELHI; RAHUL SHEWALE October 25, 2019320 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 245 OF 2019 A Bill to establish a Central Human Trafficking Prevention Commission for prevention of human trafficking in the country and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Human Trafficking (Prevention) Act, 2019. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 321 2. (1) 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 Central Human Trafficking Prevention Commission established under section 4; (c) "human trafficking" means an act of recruiting or transferring any person for unlawful purpose including sexual exploitations or engaging him as forced labour within the country or in a foreign country; and (d) "prescribed" means prescribed by the rules made under this Act. (2) The words and expressions used and not defined in this Act but defined in the 45 of 1860. Indian Penal Code, 1860, or the Immoral Traffic (Prevention) Act, 1956 shall have the same 104 of 1956. meanings, respectively, assigned to them in those Acts. 3. (1) The Central Government shall, as soon as may be after the commencement Formulation of of this Act and in consultation with the State Governments concerned, by notification in the National Official Gazette, formulate a National Policy aimed at prevention of growing incidents of Policy to prevent human trafficking and overall welfare, protection and rehabilitation of victims of human Human trafficking. Trafficking. (2) Notwithstanding anything contained in any other law for the time being in force, it shall be the duty of the appropriate Government to implement the national policy formulated under sub-section (1). 4. (1) The Central Government shall, by notification in the Official Gazette, establish a Establishment Central Human Trafficking Prevention Commission for prevention of the human trafficking of Central of citizens within the country or abroad. Human Trafficking (2) The headquarters of the Commission shall be at New Delhi. Prevention Commission. (3) The Commission may establish its branches in the States and Union territories in such manner as may be prescribed. (4) The Commission shall consist of one Chairperson and such other members having relevant experience in the field to be appointed by the Central Government in such manner as may be prescribed. (5) The salary and allowances payable to the Chairperson and members of the Commission shall be such as may be prescribed. (6) The Commission shall be a body corporate by the name of aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable and to contract and shall by the said name sue and be sued. (7) The Commission may appoint such number of officers and employees as may be necessary for the efficient functioning of the Commission and carrying out the purposes of this Act. (8) The salary and allowances payable to and other terms and conditions of service of officers and employees of the Commission shall be such as may be prescribed. 5. The Commission shall — Functions of the (a) take rehabilitation and welfare measures for victims of human trafficking; Commission. (b) provide boarding and lodging facilities for victims of human trafficking; (c) provide emergency medical care and necessary legal assistance to victims of human trafficking; and (d) undertake such other measures as may be deemed fit for prevention of human trafficking.322 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Appropriate 6. The appropriate Government shall formulate rehabilitation scheme for persons Government rescued from trafficking and take such other welfare measures for prevention of human to formulate trafficking under this Act in such manner as may be prescribed. rehabilitation scheme. 7. The Central Government shall, after due appropriation made by Parliament by law in this behalf, provide adequate funds to the State Government for carrying out the purposes of this Act. Act to have 8. The provisions of this Act and rules made thereunder shall have effect overriding notwithstanding anything inconsistent therewith contained in any other law for the time effects. being in force. Act not in 9. The provisions of this Act shall be in addition to and not in derogation of any other derogation of law for the time being applicable to the subject matter of this Act. other laws. Power to 10. (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 323 STATEMENT OF OBJECTS AND REASONS India has become the largest base of human trafficking in the world. In the abominable market of human trafficking, India is being identified both as a consumer and producer. According to the United States "Trafficking in Persons", Report, 2009, India is in the league of such nations where the Governments have proved to be unsuccessful in prevention of incidents of human trafficking. Human trafficking has taken deep roots in the society. The network of human trafficking has been spreading across the country. Lakhs of women are being trafficked every year within the country, out of which more than forty per cent. are minors. Forty per cent. of the kidnapped children are forced into child labour or prostitution. Human trafficking is a heinous and inhumane crime. The web of human trafficking is spreading rapidly in the country and it is not only spoiling the image of India in the world, but also contaminating the society on a large scale. If the growing numbers of incidents of human trafficking are not checked in time, the situation would go out of control. Hence this Bill. NEW DELHI; RAHUL SHEWALE October 25, 2019324 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill provides for establishment of a Central Human Trafficking Prevention Commission for prevention of the human trafficking. Clause 5 provides for rehabilitation and welfare measure of persons victims of human trafficking. Clause 6 provides for the formulation of rehabilitation scheme for persons rescued from human trafficking. Clause 7 provides that the Central Government shall provide adequate funds to the State Governments. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of rupees five hundred crore per annum. A non-recurring expenditure of rupees one hundred crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 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 325 BILL NO. 199 OF 2019 A Bill to amend the Prohibition of Child Marriage Act, 2006. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Prohibition of Child Marriage (Amendment) Short title and Act, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 6 of 2007. 2. In section 2 of the Prohibition of Child Marriage Act, 2006, (hereinafter referred to Amendment as the principal Act), for clause (a), the following clause shall be substituted, namely:— of section 2. '(a) "child" means a person who has not completed eighteen years of age.'.326 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 3. In section 3 of the principal Act, for sub-section (1) to (3), the following of section 3. sub-sections shall be substituted, namely:— Child "3. (1) Every child marriage solemnised after the commencement of this Act shall be marriages to null and void at the option of the contracting party, if the age of either or both of the be void or contracting party was below sixteen years on the date of solemnisation of marriage. voidable at the option of (2) The marriage referred to in sub-section (1) may be declared null and void by a contracting decree of nullity, on a petition being filed in the district court only by a contracting party party being a child. who was below the age of sixteen years at the time of marriage. (3) Every child marriage, whether solemnised before or after from commencement of this Act, shall be voidable at the option of contracting party who was a child above the age of sixteen years but below the age of eighteen years at the time of marriage. (3A) The petition for annulling a child marriage under sub-section (3) by a decree of nullity may be filed in a district court by a contracting party till the age of twenty years. (3B) Notwithstanding anything in this Act, the provisions of this Act shall also apply to null and void child marriages as they apply to voidable child marriages.". Amendment 4. In section 9 of the principal Act, for the words "two years", the words "five years" of section 9. shall be substituted. Amendment 5. In section 10 of the principal Act, for the words "two years and shall be liable to fine of section 10. which may extend to one lakh rupees", the words "five years and shall be liable to fine which may extend upto ten lakh rupees" shall be substituted. Amendment 6. In section 11 of the principal Act, in sub-section (1), for the words "two years and of section 11. shall also be liable to fine which may extend upto one lakh rupees", the words "five years and shall also be liable to fine which may extend upto five lakh rupees" shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 327 STATEMENT OF OBJECTS AND REASONS The Prohibition of Child Marriage Act, 2006 was enacted to provide maintenance and residence to the female contracting party to child marriage. The provision of maintenance, residence and other such matters are applicable only to the voidable child marriages. However, no such benefit is available to the parties of void marriages which is unjustified as the same is available under the other marriage laws. It is, therefore, need of the hour that, Act should be applicable to cases of void marriages also. This is in line with the 205th Report of Law Commission of India, 2008. Moreover, the current penal provisions of the parent Act hardly act as a deterrent and needs revision. The need is to increase the punishment provided in the parent Act to discourage the increasing child marriage in the country. The Bill, therefore, seeks to amend the Prohibition of Child Marriage Act, 2006 with a view to— (i) restrict the age of filing petition for annulling a voidable child marriage till the child filing the petition attain the age of twenty years; (ii) prescribed child marriage below sixteen years of age to be void marriage; (iii) apply the provisions of the Act to void marriages; and (iv) increase the punishment provided under the Act to act as a deterrent to the increasing child marriages in the country. Hence this Bill. NEW DELHI; SANJAY JAISWAL July 12, 2019.328 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 227 OF 2019 A Bill to amend the Consumer Protection Act, 2019. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title 1. (1) This Act may be called the Consumer Protection (Amendment) Act, 2019. and commencement. (2) It shall come into force on such date as the Central Government may, by a notification in the Official Gazette, appoint. Amendment 2. In section 2 of the Consumer Protection Act, 2019, in sub-section (42), after the word 35 of 2019. of section 2. ‘‘insurance,’’, the words ‘‘legal services provided by or availed of from advocates,’’ shall be inserted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 329 STATEMENT OF OBJECTS AND REASONS The Consumer Protection Act, 2019 was enacted to provide for better protection of the interests of consumers for the services rendered to them. However, the services rendered by lawyers or advocates are not covered under the purview of the Act despite the fact that they provide professional service to their clients. The inclusion of services of Lawyers or Advocates under this Act will not only make the Advocates accountable to their client but will also improve the delivery of services. The Bill, therefore, seeks to amend the Consumer Protection Act, 2019 with a view to include the services of Advocates within the purview of this act. Hence this Bill. NEW DELHI; SANJAY JAISWAL July 12, 2019.330 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 52 OF 2019 A Bill further to amend the Right of Children to Free and Compulsory Education Act, 2009. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Right of Children to Free and Compulsory Education Short title and commencement. (Amendment) Act, 2020. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 331 2. In section 12 of the Right of Children to Free and Compulsory Education Act, 2009, Amendment of section 12. in sub-section (1), in clause (c), after the existing proviso, the following proviso shall be inserted, namely: — " Provided further that a school specified in sub-clauses (iii) and (iv) of clause (n) of section 2, for the purposes of admission to the extent of at least twenty-five per cent. of the strength of class I of children belonging to weaker section and disadvantaged group in the neighbourhood, shall decide inter-se priority of admission in the following order:— (i) household having two child both being girl child; (ii) household having only single girl child; (iii) household having only single male child; (iv) household having one girl child and one male child; (v) other household."332 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act) is a landmark legislation to implement the Fundamental right enshrined in the article 21A of the Constitution. However, after a decade, there is a need to review and update it, specially in the light of the present day challenges. There is a limited availability of seats and high demand for the twenty-five per cent. reserved seats for the disadvantaged and weaker section. It is, therefore, essential that these seats are rationed properly. Giving priority to the girl child and to families complying with the two child norm would not only help in achieving the goal of population stabilization but also help in improving the child sex ratio. Moreover, there is a need to bring a uniform priority order to reduce ambiguity in selection for admission. Hence this Bill. NEW DELHI; SANJAY JAISWAL February 11, 2020.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 333 BILL NO. 263 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2019. Short title and commencement. (2) It shall come into force such date, as the Central Government may, by notification in the Official Gazette, appoint. 2. In article 16 of the Constitution, in clause (4), for the words ‘‘backward class of Amendment citizens’’, the words ‘‘socially and educationally backward class of citizens’’ shall be of article 16. substituted.334 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Constitution prohibits discrimination on the grounds of religion, race, caste, sex or place of birth and provides for equality of opportunity in matters of public employment. It also allows the State to make certain provisions for the advancement of persons belonging to the backward classes or for the Scheduled Castes and the Scheduled Tribes. Article 15(4) of the Constitution allows the State to make special provisions for the advancement of any ‘socially and educationally’ backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 15(5) allows the State to make special provisions, by law, for advancement of persons belonging to the backward classes or for the Scheduled Castes and the Scheduled Tribes in relation to their admission to educational institutions, including private and aided or unaided institutions other than minority institutions as referred to in article 30(1). Article 16(4) allows the State to make any provisions for the reservation of appointments or posts in favour of any backward class of the citizens, which in the opinion of the State, is not adequately represented in the services under the State. It may be seen that under articles 15(4) and (5) of the Constitution, the State can make any special provision for advancement of any socially and educationally backward classes of the citizens or for the Scheduled Castes and the Scheduled Tribes, whereas under article 16(4), the State can make any provision for reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. Article 16(4) is a broader constitutional provision for the representation of backward classes whereas article 15(4) and (5) restrict to socially and educationally backward classes of citizens. This divergence goes against the Constitutional principles of equality as the opportunities that are made available to all classes and sub-groups of people by the State should be equal, without elevating one sub-group over the other. Hence, it is imperative that opportunities in services under the State under article 16(4) of the Constitution should also be provided on the basis of the same parameters to Backward Classes as are provided in the matters of admission and other means of advancement under article 15(4) and (5) of the Constitution. A different set of parameters should not be used for the advancement of the same classes. The proposed amendment is also important in light of the fact that article 16(4) in its current form is too broad and allows scope for misuse. It also brings a number of people under its purview that may not in fact be deserving for availing benefits of reservation under above mentioned articles of the Constitution. It is important that benefits that are provided to the persons belonging to the backward classes should reach to those who deserve the most and such a criterion can only be established when those who are socially and educationally backward are given priority. The limited resources of the State must be apportioned for the benefits of those who deserve and require them the most and for this purpose this Bill has proposed an amendment in article 16(4) of the Constitution. Hence, this Bill. NEW DELHI; P. P. CHAUDHARY October 28, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 335 BILL NO. 253 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2019. Short title and commencement. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 2. In article 12 of the Constitution, after the words "or other authorities", the words Amendment of article 12. "or Institution of Self Government" shall be inserted.336 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The 73rd and 74th Constitutional Amendments passed by Parliament in 1992 introduced local self-governance throughout the territory of India. The Constitution (73rd Amendment) Act, 1992 and the Constitution (74th Amendment) Act, 1992 came into force on 24 April, 1993 and 1 June, 1993, respectively. These amendments added two new parts to the Constitution, namely:— (i) Part IX titled "The Panchayats" adding articles 243 to 243O dealing with Panchayats; and (ii) Part IXA titled "The Municipalities" adding articles 243P to 243ZG dealing with Municipality. Hence, fulfilling one of the Directive Principles of State Policy with respect to article 40, that is, 'Organisation of Village Panchayats' thereby accomplishing the vision and intent of the framers of our Constitution to ensure self government at the lowest organisational levels of governance. Articles 243G and 243W prescribe the powers, authorities and responsibilities, etc. of Panchayats and Municipalities, respectively. The Eleventh and Twelfth Schedule to the Constitution define the matters in respect of which schemes for economic development and social justice are to be implemented by Panchayats with regard to article 243G and by Municipalities with regard to article 243W, respectively. The Constitution, hence, deals with Panchayats and Municipalities in a great detail. The 73rd and 74th Constitutional Amendments substantially changed the Constitution and the manner in which representation of the citizens, governance and devolution of powers in the nation was to be conducted. However, while monumental in themselves, the amendments failed to change the definition of "the State" as mentioned in article 12 of the Constitution. Earlier, Panchayats and Municipalities were classified under "local or other authorities" under article 12, but after the 73rd and 74th Constitutional Amendments came into force, they were established as "Institution of Self Government" under the Constitution. The definition of Panchayat and Municipality under articles 243 and 243P, respectively establishes them with respective norms as 'Institution (by whatever named called) of Self Government'. As 'Institutions of self Government' now, Panchayat and Municipality are no 'longer local or other authorities' after the introduction of part IX and IXA to the constitution by way of the 73rd and 74th Amendment. Article 12 has been a part of the Constitution since the original document was framed and was not amended by the 73rd and 74th Constitutional Amendments to bring it in line with the changes made by the amendments. In view of the above, the proposed amendment Bill seeks to include the Panchayats and Municipalities within the definition of the 'State' under article 12 of the Constitution. Hence, it has become expedient to introduce the words "or Institution of Self Government" in article 12 of the Constitution. Hence, this Bill. NEW DELHI; P.P. CHAUDHARY October 28, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 337 BILL NO. 262 OF 2019 A Bill further to amend the Constitution of India BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Amendment) Act, 2019. Short title. 2. In the Seventh Schedule to Constitution, in List II-State List, after entry 41, the Amendment following entry shall be inserted, namely:— of the Seventh Schedule. "41A. Services of the institutions of self-government and self-government Service Selection Board.".338 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Article 40 of the Constitution provides for organization of Village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of Self-Government. Keeping in view this Constitutional mandate of the Directive Principles of State Policy, Part IX relating to panchayats was incorporated by 73rd amendment in the Constitution. Article 243(d) defines "panchayat" as "an institution (by whatever name called) of self-government constituted under article 243B for rural areas". State legislatures are competent to endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government in relation to the matters enumerated in the Eleventh Schedule to the Constitution. The matters enumerated in entries 17, 18 and 19 of the Eleventh Schedule are "education including primary and secondary schools; technical training and vocational education; and adult and non-formal education", respectively. As per article 246(3), the legislature of any State has exclusive power to make laws with respect to any of the matters enumerated in List II-State List in the Seventh Schedule to the Constitution. However, in the State List, there is no entry providing for the services of institutions of self-government and constitution of Service Selection Board for conducting recruitment for services of institutions of self-government. Hence, State Legislatures do not have legislative competence with respect to services of institutions of self-government and constitution of Service Selection Board. In view of the above, it is necessary to empower State legislatures to legislate with respect to the services of the institutions of the self-government. The Bill, therefore, seeks to amend the Seventh Schedule to the Constitution with a view to insert a new entry 41A in List II-State List of the Seventh Schedule relating to the services of the institutions of self-government and Constitution of the Service Selection Board to conduct examinations/interviews for appointment to services of the institutions of self-government in the States. Hence this Bill. NEW DELHI; P. P. CHAUDHARY October 28, 2019SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 339 BILL NO. 19 OF 2020 A Bill to establish and demarcate two separate Time Zones to provide for more practical and inclusive administration of the country and for matters connected therewith or incidental thereto. BE it enacted by the Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Dual Time Zones Act, 2020. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) “IST ONE” refers to the time zone to be adhered to by the States of Gujarat, Rajasthan, Goa, Maharashtra, Madhya Pradesh, Uttar Pradesh, Andhra Pradesh, Telangana, Tamil Nadu, Kerala, Karnataka, New Delhi, Haryana, Punjab, Uttarakhand, Himachal Pradesh, West Bengal, Jharkhand, Chhattisgarh, Odisha, Bihar and the Union territories of Jammu and Kashmir, Ladakh, Puducherry, Dadra and Nagar Haveli and Daman and Diu and Lakshadweep;340 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) “IST TWO” refers to the time zone to be adhered to by the States of Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Assam, Meghalaya, Sikkim and the Union territory of Andaman and Nicobar Islands; (c) “Time Zone” refers to a range of longitudes where a uniform standard time is used for commercial, social and legal purposes; and (d) “Universal Time Coordinated” means Coordinated Universal Time used as the primary time standard by the world to regulate clocks and time; Demarcation 3. The Central Government shall, by notification in the Official Gazette, establish a of Time Zones separate Time Zone for the States of,— by the Central (a) Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Assam, Government. Meghalaya, Sikkim and the Union territory of Andaman and Nicobar Islands at Universal Time Coordinated + 6.30 which shall, for all purposes, be referred to as the IST TWO; and (b) Gujarat, Rajasthan, Goa and Maharashtra, Madhya Pradesh, Uttar Pradesh, Andhra Pradesh, Telangana, Tamil Nadu, Kerala, Karnataka, New Delhi, Haryana, Punjab, Uttarakhand, Himachal Pradesh, West Bengal, Jharkhand, Chhattisgarh, Odisha, Bihar and the Union Territories of Jammu and Kashmir, Ladakh, Dadra and Nagar Haveli and Daman and Diu and Lakshadweep and Puducherry at Universal Time Coordinated + 5.30 which shall, for all purposes, be referred to as the IST ONE. CSIR—National 4. (1) Notwithstanding anything contained in any other law for the time being in Physical force, the CSIR—National Physical Laboratory shall, in consultation with State Government Laboratory to concerned, implement and administer the Time Zones as referred to section 3 in all areas Administer and Implement connected therewith. Time Zones. (2) The CSIR—National Physical Laboratory shall be responsible for the following, but not restricted to,— (a) the realization, establishment, maintenance and dissemination of the IST ONE and IST TWO as notified; (b) creation and maintenance of a Time Zone portal to disseminate information related to the functioning and administration of the Time Zones; (c) publishing information of the database on its website and making all possible efforts to make it publicly accessible; (d) creation of a Time Zone map that is accurate, to be used for further reference; and (e) maintenance of time and frequency measurements with respect to each Time Zone which shall include upgradation of the same when necessary. Central 5. The Central Government shall, in anticipation of initial logistical hurdles with respect Government to to the inter-State functioning of the Railways, Airlines and similarly affected sector, by constitute a notification in the Official Gazette, constitute a Zonal Management Authority to specifically zonal Management overcome the difficulties arising during the bifurcation of two Time Zones and deal with all Authority for matters connected therewith. inter-State functioning of Railways. Power to 6. (1) If any difficulty arises in giving effect to the provisions of this Act, the remove Central Government may, by order published in the Official Gazette, make such provisions, difficulties. not inconsistent with the provisions of this Act, as it appears to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 341 STATEMENT OF OBJECTS AND REASONS Geographically, India stretches from 97.4 East in Arunachal to 68 East in Gujarat a difference of almost 30 degrees of longitude—this translates into a time difference of nearly about two hours across the breadth of India and hence having a single time zone for all of India is impractical to begin with. The people from our North-East are genetically attuned and practically accustomed to waking up very early, finishing dinner early in the evening and other similar such lifestyle habits, in sync with their geographical and societal norms. The current setup completely ignores the specific regional and cultural context for such a large chunk of our citizens and it is rather wasteful and inconveniencing. Globally, across all the larger nations, all but China use multiple Time Zones for increased efficiency and productivity and easier coordination. Following two separate and specific Time Zones instead of one standard Time Zone will allow for greater productivity and efficiency for citizens as well as contribute to savings in energy consumption. The current setup is discriminatory towards vast sections of the populace and it causes economic loss and loss of productivity as well. By advancing the IST, so as to increase daylight hours in the evening, the State and national Governments can potentially benefit from energy savings and improved social outcomes across domains such as health, safety, and well-being. Just for example, the estimated annual energy saving comes out to be 2 x 107 kWh, as per a report from the National Physical Laboratory, which is significant considering the fact that these States are already short on electric power. In 2006, the Planning Commission released a report that stated that having two Time Zones would lead to substantial energy savings and subsequently numerous other research papers have confirmed the same. In a global where energy efficiency and carbon savings matter for everyone, India can lead the way in modifying its own practices to make a difference. The initial hurdles in the process of transition are a minor glitch when considering the long-term convenience post implementation of the Time Zones and the overall positive impact it can have on the general well-being of citizens as well as providing a fillip to economic activity. The Constitution already grants the autonomy to States to define and set local times for their respective industrial areas under the provisions in labour laws, such as the Plantations Labour Act, 1951. Given the widespread adoption of mobile phones and other such digital devices—which can automatically adjust for a time change—the barriers to introduction of such a change have lessened over the years. Plus, this Bill incorporates a host of existing scientific and practical research inputs into its prescriptive provisions so as to ensure that the disruption and need for change is very minimal and gradual. This Bill seeks to initiate a conducive framework for establishing and implementation of Time Zones more specific to the geographical co-ordinates of the area, eventually leading to more inclusive and systematic governance of the country at large. This has been a long- standing demand, one backed by a host of socio-economic and scientific reasoning. Hence this Bill. NEW DELHI; PRADYUT BORDOLOI November 29, 2019.342 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 5 of the Bill empowers the Central Government to constitute a Zonal Management Authority to deal with logistic hurdles related to inter-State functioning of Railways, Airlines and other similarly affected sectors after implementation of Time Zones. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of sum of about rupees twenty-five crore will be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees twenty-five crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 6 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 343 BILL NO. 117 OF 2021 A Bill to amend the Protection of Plant Varieties and Farmers' Rights Act, 2001. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the Protection of Plants Varieties and Farmers' rights Short title and (Amendment) Act, 2021. commencement. (2)It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 53 of 2001. 2. After section 39 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, Insertion of the following section shall be inserted, namely:— new section 39A. "39A. (1) It shall be the responsibility of every breeder of a variety registered under Crop Card. this Act to issue a crop card to the farmer or the group of farmers at the time of selling344 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— propagating material of registered variety which shall be deemed to be a guarantee card for the farmers to avail compensation in case of failure of the registered variety to provide expected performance under given conditions. (2)The crop card issued under sub-section (1) shall contain,- (a) the expected performance and given conditions at which the performance may be attained with signature and seal of the breeder which shall be printed on the packaging of the propagating material of the registered variety; and (b)details of the district authority establish under sub-section (3) to be approached for availing compensation in case the propagating material of the registered variety fails to give expected performance under given conditions. (3)The Authority established under section 3 shall establish district authority to entertain and dispose of claim of compensation by farmers arising out of unexpected performance of variety sold by breeder to a farmer or a group of farmers. (4)The Authority established under section 3 shall frame guidelines for deciding amount of compensation payable to the farmer or group of farmers by the district authority in case of failure of the registered variety to provide expected performance under given conditions. (5)The district authority established under sub-section (3) shall take into consideration all relevant factors to determine amount of compensation and pass a reasoned order. (6)The district authority established under sub-section (3) shall dispose of the claim of compensation filed by a farmer or group of farmers within a period of three months from the date of receipt of application for compensation as per the procedure prescribed under this Act.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 345 STATEMENT OF OBJECTS AND REASONS The Protection of Plant Variety and Farmers Rights Act, 2001 (popularly known as PPVFR Act) aims to establish an effective system for protection and development of new plant varieties, protect farmers' rights by facilitating the growth of the seed industry and the availability of the high quality seed and planting material to the farmers. The Act requires the breeders to provide information about the registered variety's "expected performance" while selling the propagating material to a farmer, a group of farmers or any organisation of farmers. In case the material does not perform accordingly, farmers can claim compensation. The purpose of this provision is to prevent companies from making false or exaggerated claims to farmers about the variety's performance. Here, the breeders also have to reveal the "given circumstances" under which the expected performance can be achieved. The issues with this provision for compensation to farmers are manifold. First, the breeders have to disclose the "expected performance" of the material. There is nothing about the way in which the information has to be disclosed to the farmers. Second, the breeders have also to disclose the "given circumstances" under which the "expected performance" can be achieved by the farmers. Moreover, no time-frame has been prescribed for the authority to take a decision on the claim. Otherwise, it may take several years for the decision to come. Though the Act provides for compensation to farmers under section 39(2), these requirements of "expected performance", "given circumstances", unguided discretion with the authority and lack of awareness present a legislative vacuum, specifically with reference to realization of farmers' rights. The Bill, therefore, seeks to amend the parent Act with a view to provide that every breeder shall issue a crop card while selling propagating material of registered variety to a farmer or a group of farmers or an organisation of farmers so that farmers can claim compensation if the registered variety of propagating material fails to provide expected performance under given conditions. NEW DELHI; THOMAS CHAZHIKADAN July 5, 2021.346 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill vide proposed section 39A provides for establishing district authority to entertain and dispose of claim for compensation by farmers against breeder registered variety of propagating material fails to give expected performance in given conditions. The Bill, therefore, if enacted, would involved expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees fifty crore will be involved as recurring expenditure per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees five crore is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 347 BILL NO. 58 OF 2019 A Bill to provide for the constitution of a Sustainable Tourism Interventions Council for establishment of tourism as an organized sector in India, for job-creation, higher foreign exchange reserve and greater cultural intermingling and for matters connected therewith or incidental thereto. WHEREAS the United Nations World Tourism Organization in its Bali Declaration on Tourism recognizes tourism as a major contributor to world economy and one that may enhance quality of human relationships in September 1996. AND WHEREAS the Seoul Declaration on Peace and Tourism adopted on the September, 2001 at Seoul recognizes tourism as a means to promote world peace. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the National Tourism (Sustainable Development and Short title, Promotion) Act, 2019. extent and commencement. (2) It extends to the whole of India.348 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "Agency" refers to the Skill Enhancement Certification Agency constituted under section 7; (b) "Chairperson" refers to the Chairperson of the Sustainable Tourism Interventions Council established under section 3; (c) "Council" means the Sustainable Tourism Interventions Council established under section 3; (d) "prescribed" means prescribed by rules made under this Act; (e) "States" means the State Governments referred to in under article 1 of the Constitution of India; and (f) "Task Force" means the Marketing Task Force constituted under section 9. Establishment 3. (1) The Central Government shall, within sixty days of the commencement of this of Sustainable Act, by notification in the Official Gazette, establish a Council to be known as the Sustainable Tourism Tourism Interventions Council for carrying out the purposes of this Act. Interventions Council. (2) The Council shall consist of,— (a) the Union Tourism Minister, ex-officio, Chairperson; (b) the Union Ministers of Environment, Forests and Climate Change, Finance, Housing and Urban Affairs and External Affairs —Members; (c) the State Tourism Ministers— Members; (d) the Secretary to Union Tourism Ministry—Member; (e) the Secretaries to State Tourism Ministries—Member; (f) representatives from Hotel Associations, Travel Agent's Associations, Adventure Sports Operator's Association and other interested groups of tourism industry; and (g) three other persons from amongst the persons, having outstanding contribution or expertise in the field of development and promotion of tourism industry and having experience of working in the tourism trade for at least ten years, to be nominated by the Central Government, by notification in the Official Gazette, in such manner as may be prescribed. (3) The term of the members of the Council referred to under clauses (f) and (g) of sub- section (2) shall be for four years from the date of election or nomination or attainment of the age of seventy years or whichever is earlier and shall not be eligible for the re-election or re- nomination. (4) The salary and allowances payable to and other terms and conditions of service of members referred to under clauses (f) and (g) of sub-section (2) shall be such as may be prescribed. (5) The Council shall meet at least once in a year to decide the annual agenda. Employees of 4. (1) The Central Government shall depute to the service of the Council such of its the Council. employees from the Tourism Department or from any other Department or may employ any person on contractual basis as it considers necessary for carrying out the purposes of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 349 (2) The salary and allowances payable to and other terms and conditions of service of deputed and contractual employees shall be such as may be prescribed. 5. The Council shall,— Functions of the Council. (a) make recommendations to the Union and the States on important issues related to tourism including tax-subsidies, new destinations, international promotions and employment; (b) create annual State-specific Action Plans on issues mentioned under clause (a); (c) create and discover new tourist destinations; (d) except for adventure tourism destinations, connect through adequate road connectivity and regulated transport infrastructure; (e) provide health centres intermittently to destinations of trekking and hiking; (f) recognize all buildings older than one hundred and fifty years as vintage buildings; (g) constitute a Heritage Fund both at the Central and State level, through appropriate financial tools, which shall be used to acquire vintage buildings as recognized under clause (i) under their jurisdictions; (h) undertake ease-of-tourism initiative using the Tourism Satellite Account constituted under section 6 to release biennial rankings on the ability of the State Government to attract tourists, domestic and foreign; (i) take cognizance of the State security in each State for tourists based on how friendly the State police is to the tourists; (j) establish a Standard Operating Procedure for each State for sensitizing the people of the States for friendly reception of all kinds of tourists and for helping them in understanding the culture of the State; (k) strive to reduce the consumption of energy-intensive and water-intensive tourism industry through certification to promote sustainable tourism infrastructure; and (l) constitute a sub-council consisting of representatives of Central Government and State Governments to grant Energy Conservation Certificate to the energy-intensive and water-intensive tourism industry. 6. (1) The Central Government shall, by notification in the Official Gazette, Constitution constitute a Tourism Satellite Account for the economic measurement of tourism in the of Tourism Satellite country. Accounts. (2) The Tourism Satellite Account shall include,— (a) harmonization and reconciliation of tourism statistics from an economic perspective; (b) tourism economic data that is comparable with other economic statistics; and (c) inbound domestic tourism and outbound tourism expenditure including internal tourism expenditure, production accounts of tourism industries, the Gross Value Added (GVA) and Gross Domestic Product (GDP) attributable to tourism, employment, investment, Government consumption and non-monetary indicators. 7. (1) The Central Government shall, by notification in the Official Gazette, constitute Constitution an Agency to be known as the Skill Enhancement Certification Agency for carrying out the of Skill Enhancement purposes of this Act. Certification Agency.350 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The Agency shall,— (a) establish and recognize skill development institutions which provide courses in any such activity which aid in tourism; and (b) provide to every student who successfully complete courses in tourism guides, languages, cookery and driving a certificate for acquiring respective skills. Target Five 8. (1) The Central Government shall, in consultation with the Council, choose five States. States every two years, from the five regions of the country, namely, North, South, West, East and North-East, to form a group to be known as the Target Five States for development and promotion of tourism in those States. (2) The Central Government shall, in consultation with the Council, for the purposes of development and promotion of tourism in Target Five States chosen under sub-section (1),— (a) allot a fixed percentage of budget of Target Five States for tourism in those States; (b) grant tax-holiday for a stipulated period of time to any project by a private party that may increase the number of tourists and also the stay of tourists in the Target Five States; (c) develop tourism circuits viz., spiritual, adventure and natural; (d) develop nodes in tourism circuits keeping in view the global standards in cleanliness, water and energy efficiency, crowd management, security, policing and hospitality; (e) renovate historical sites to maintain and preserve the monuments from the vagaries of nature and man-made elements like pollution; (f) establish at least one museum to be developed and maintained by a corporate entity or any other organization; (g) recognize annual festivals in the Target Five States, ranging from tribal to more modern festivals; and (h) train the festival conductors with event management training, or give them the necessary professional assistance. Constitution 9. (1) The Central Government shall, in consultation with the Council, constitute a of Marketing Task Force to be known as the Marketing Task Force for marketing and campaigning of the Task Force. tourism in the country. (2) The Task Force shall consist of,— (a) a Chief Public Relations Officer having compulsory training in marketing, even if recruited from All India Civil Services; and (b) representatives from the marketing and personal relations industry, to be appointed by the Central Government in such manner as may be prescribed. (3) The Task Force shall,— (a) strive to develop positive image of tourism in India and also in other countries; (b) make tailor-made ad campaigns and other marketing modes to promote tourism in the Target Five States; (c) report negative experiences of tourists in a particular place as collated through analytics to the local administration for their immediate redressal; and (d) showcase the trouble-shooting and hassle-free tourism experiences in the place.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 351 10. (1) The Council shall, by notification in the Official Gazette, formulate adequate Formulation schemes and policies to incentivise the organizations and buildings involved in tourism of schemes and policies to industry to promote and develop environment friendly tourism in the country. promote and develop (2) Every organizations and buildings involved in tourism industry in order to avail the environment incentives of the schemes and policies formulated under sub-section (1) shall ensure that— friendly tourism. (a) purchasing policy favours environmentally responsible and eco-friendly products for building materials, capital goods, food and consumables; (b) purchase of disposable and consumer goods is measured, and the organisation actively seeks ways to reduce their use; (c) energy consumption be measured, sources indicated, and measures to decrease overall consumption be adopted, while encouraging the use of renewable energy; (d) water consumption be measured, sources indicated and measures to decrease overall consumption be adopted; (e) step-by-step plan to identify, and then quantify, sources of greenhouse gas emissions under its control, and activate measures to offset climate change in a time- bound manner is effectively implemented; (f) waste water including grey water, is treated effectively and reused, wherever possible; (g) solid waste management plan is implemented, with quantitative goals to minimise waste that is non-biodegradable, not reused or recycled; (h) use of harmful substances including pesticides, harmful chemicals, swimming pool disinfectants and cleaning material is minimized, substituted, when available, by innocuous products, and all chemical use is properly managed; (i) pollution from noise, light, runoff, erosion, ozone-depleting compounds and air and soil contaminants is reduced; (j) biodiversity, ecosystems and landscapes are conserved; (k) refrain from participation in, accept, allow or encourage the use of, or display or trade in endangered species of flora and fauna, except trophy displays, as permitted under the law; (1) no wildlife is held in captivity; (m) use of endemic native species for landscaping and restoration and takes measures to avoid the introduction of invasive alien species; (n) biodiversity conservation, including supporting natural protected areas and areas of high biodiversity value is supported; (o) interactions with wildlife not produce adverse effects on the viability of populations in the wild; and (p) any disturbance of natural ecosystems is minimised, and, if it occurs inadvertently, steps are taken for immediate rehabilitation and/or compensatory contribution for conservation of management. 11. (1) The Council shall maintain proper accounts and other relevant records and Audit and prepare annual statement of accounts in such form as may be prescribed. Account. (2) The accounts and Funds of the Council shall be audited by the Comptroller and Auditor General of India and any expenditure incurred in connection with such audit shall be payable by the Council.352 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The accounts of the Council as certified by the Comptroller and Auditor General of India together with the audit report thereon shall be forwarded annually to the Central Government which shall cause it to be laid before each House of Parliament. Protection of 12. No suit, prosecution or other legal proceedings shall lie against any person or action taken authority for anything which has been done or intended to be done in good faith under this in good faith. Act or the rules made thereunder. Power to 13. (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 difficulty. inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. Power to 14. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 353 STATEMENT OF OBJECTS AND REASONS Today tourism is an important economic sector for any country. Tourism is also a source of revenue and economic growth. For an ancient civilization like India, tourism shall play a pivotal role in driving not just our messages and ancient wisdom, but shall also attract the world's tourists to India. Tourism is also increasingly being recognised for its contribution to national development strategies and in the global development. Tourism has been identified by the United Nations (UN) as one of the ten sectors to drive the change towards a Green Economy and was included in the Rio+20 Outcome Document as one of the sectors capable of making "a significant contribution to the three dimensions of sustainable development, has close linkages to other sectors, and can create decent jobs and generate trade opportunities". India's share in international tourist arrivals is around 11.8 per cent. Moreover our foreign exchange due to tourism is also closer to $22 billion. For a country like India with rich history, heritage and culture, the potential from tourism is much higher. Therefore, the need is to channelize several policy interventions for tourism in India and create an affirmative legislative framework to tap into our tourism potential and make India as the prominent tourism country around the world. Hence this Bill. NEW DELHI; SUNIL KUMAR SINGH June 4, 2019.354 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for establishment of a Sustainable Tourism Interventions Council. It also provides for appointment of representatives from Hotel Associations, etc. to the Council. Clause 4 provides for deputation of employees of the Central Government to the Council. It also provides for employment of persons on contractual basis to the Council. Clause 5 provides for constitution of a Heritage Fund to acquire vintage buildings as recognized under this Act. Clause 6 provides for constitution of a Tourism Satellite Account for economic measurement of tourism. Clause 7 provides for constitution of an Skill Enhancement Certification Agency. Clause 8 provides for choosing Target Five States for development and promotion of tourism in those States. Clause 9 provides for constitution of a Marketing Task Force for marketing and campaigning of tourism in the country. Clause 10 provides for formulation of schemes and policies to incentivize the organizations and buildings involved in tourism industry. Clause 11 provides for maintenance of accounts and other relevant records of the Council. The Bill, therefore, if enacted will 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 twenty crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 14 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 355 BILL NO. 235 OF 2019 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 Seventieth 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, 2019. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.356 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 has not attained 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 classes first to twelfth standard. upto senior secondary (2) For the purpose of sub-section (1), the appropriate Government may, if it deems level. 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 atleast 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 enrolled in a school established or upgraded under section 3:— to the students (i) cost of admission and all other expenditure including tuition fee shall be enrolled in borne by the appropriate Government; schools. (ii) books, notebooks and all other stationery 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. (1) The Central Government shall, after due appropriation made by Parliament by law Central in this behalf, provide to the State Governments by way of grants such sums of money as the Government. Central Government may think fit for being utilized for the purposes of this Act. Act not in 8. The provisions of this Act shall be in addition to and not in derogation of any other derogation of law, for the time being in force 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 the 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 357 STATEMENT OF OBJECTS AND REASONS A large number of primary, middle and secondary schools have been established by the State Governments in the States. However, 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; SUNIL KUMAR SINGH November 5, 2019.358 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 level. Clause 4 provides that the appropriate Government shall bear the cost of admission and all other expenditure including providing of free of cost books, note books, stationery items, 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 seventy five crore per annum. A non-recurring expenditure of about rupees ninety five crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the 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 359 BILL NO. 276 OF 2019 A Bill to provide for prevention of begging and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Prevention of Begging Act, 2019. Short title, extent and (2) It extends to the whole of India. commence- ment. (3) It shall come into force with immediate effect. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government;360 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "beggar" means a person who indulges in begging; (c) "begging" means:— (i) soliciting alms in a public place, including railway stations, bus stops, road sides and public transport, by invoking compassion; and (ii) entering in any private premises for the purpose of soliciting or receiving alms; (d) "fund" means Beggars' Welfare Fund established under section 6; and (e) "rehabilitation centre" means a centre established under this Act where any person taken into custody on the ground of begging shall be kept till the time he is rehabilitated. Abolition of 3. Begging by any person in any manner is hereby abolished. begging. Punishment 4. Whoever forces or encourages any person, including a child in his care, custody or for forced charge, for begging or whoever uses any person as an exhibit for the purpose of begging, begging. shall, in the first instance, be warned of indulging in such activities and if he indulges inspite of the warning be punished with a fine of rupees five thousand. Arrest of 5. (1) Any person found begging shall be arrested by the Police. persons found begging, etc. (2) Any person so arrested shall be sent to a rehabilitation centre, to be established in every district by the appropriate Government, wherein such person shall be provided with facilities for his rehabilitation in such manner as may be prescribed. Beggars’ 6. (1) The Central Government shall constitute a Fund to be called the Beggars' Welfare Welfare Fund. Fund for the welfare of the beggars. (2) The fund shall be utilised by the Central Government as and when required for the welfare and rehabilitation of beggars. Formulation 7. (1) The appropriate Government shall formulate such schemes, work out such plans, of schemes including plans for provision of education, and create suitable infrastructure in every district and plans for so as to enable beggars to take up suitable jobs for earning their livelihood. beggars, etc. (2) The appropriate Government shall set up destitute homes for providing food, shelter and protection, to the old, infirm, helpless and destitute persons so as to discourage them from indulging in begging. Power to 8. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions, aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have affect 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 361 STATEMENT OF OBJECTS AND REASONS Despite all efforts made and welfare measures taken by the Central Government and the State Governments, the practice of begging continues unabated all over the country, especially in the metropolitan cities and urban areas. There are organised gangs who exploit innocent children and force them into begging not for the sustenance of these boys and girls but for gathering alms for the gang leaders and organizers. Some people kidnap children and force them to go for begging and collect huge amount of money. The number of beggars in the country has increased manifold. As per an estimate the number is somewhere around fifty lakhs. While, the old and infirm beggars can be sent to destitute homes, the other beggars should be given education and training so that they can get gainful employment. Therefore, it is high time that a law for prevention of begging be enacted. Hence, this Bill. NEW DELHI; SUNIL KUMAR SINGH November 5, 2019.362 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 5 of the Bill provides for establishment of "rehabilitation centres" in every district by the appropriate Government. Clause 6 provides for setting up of Beggars' Welfare Fund. Clause 7 provides for formulation of schemes and creating suitable infrastructure by appropriate Government in every district so as to enable beggars to take up suitable jobs. It further provides for setting up of destitute homes by the appropriate Government. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees five hundred crore per annum. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the Central Government to make rules for carrying out the provisions 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 363 BILL NO. 354 OF 2019 A Bill to provide for a national legal framework for compulsory conservation and reclamation of rainwater by every household, business establishment and Government building in order to ensure access to sufficient water and sustainable development of it for every human being on this planet and for matters connected therewith. WHEREAS the right to healthy environment and sustainable development are fundamental human rights; AND WHEREAS water is a basic need for the survival of human beings and is part of the right to life enshrined in article 21 of the Constitution; AND WHEREAS all people whatever their social and economic conditions, have the right to access drinking water in quantum and of a quality equal to their basic needs; AND WHEREAS today water scarcity affects majority of States in the country and exists at an alarming level that is projected to rise with global warming and climate change; an increasing number of countries are also experiencing water stress, water shortages, and droughts and desertification;364 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— AND WHEREAS existing legal provisions governing water have aggravated its unsustainable and iniquitous extraction creating a serious water crisis and denying access to healthy water for large numbers of people; AND WHEREAS there are many different perceptions of and perspectives on water among people, States and groups, leading to divergence in approach, policy, doctrine, principle, law and institutional arrangement; AND WHEREAS the State as trustee is under the legal duty to protect all natural resources which are by nature meant for public use and enjoyment; AND WHEREAS article 39(b) of the Constitution mandates the State to direct its policy towards securing the equal access to the material resources of the community; AND WHEREAS to achieve sustainable development goal of safe and affordable drinking water for all by 2030 essentially requires protecting and restoring water-related ecosystems and promoting technological infrastructure around conservation; BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Compulsory Water Conservation and Reclamation extent and Act, 2019. commencement. (2) It extends to the Union territories only. (3) It shall come into force within thirty days of the enactment of this Act. Definitions. 2. (1) In this Act, unless the context otherwise requires,— (a) ''business establishment'' includes any building which is used as an office or a factory in connection with any trade or commerce; (b) ''corporatisation'' means the conversion of a Government body or agency into a company or corporation; (c) ''differential pricing'' means different pricing of water for different uses and different classes of users; (d) ''groundwater'' means water occurring in its natural state where it exists below the surface in the zone of saturation whereby it can be extracted through wells or any other means, or that which emerges as springs and base flows in streams and rivers; (e) ''Government building'' includes the offices of the Ministries, departments, public sector enterprises, statutory bodies or bodies owned and administered by the Government and autonomous bodies, local municipality and Panchayati Government bodies, and residential areas of Government employees and retired Government employees provided by Government; (f) ''household'' means a dwelling unit of any description; (g) ''livelihood'' means an activity or occupation or employment including self-employment that provides sustenance at defined minimum levels to an individual; (h) ''precautionary principle'' means the principle that requires the adoption of a cautious approach, including anticipatory, preventive, or mitigatory action, towards any situation that holds the possibility of causing significant harm to human beings and the environment; (i) ''prescribed'' means prescribed by rules under this Act;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 365 (j) ''privatisation'' means the tranfer of a Government body or institution or a public enterprise to private ownership, or the transfer of a Governmental or public sector activity to a private body; (k) ''public trust'' means the doctrine that the State shall at level holds natural resources in trust for the community; (l) ''rainwater harvesting'' means capturing and conserving rainwater or retarding run-off water through various structures either for direct use or for recharging groundwater aquifers; (m) ''reclaimed water'' wastewater discharged from household, business establishment, Government buildings, and any other such plots/properties on 200 sq. metre and above that has been treated to meet specific water quality criteria with the intent of being used for a range of purposes. (n) ''potable reuse'' means planned augmentation of drinking water supply with reclaimed water; Explanation:—For the purpose of this Act, the term recycled water, reclaimed water and water reuse shall have same meaning; (o) ''sustainable use'' means the use of water that ensures continued availability of it for present and future generations, without depletion or deterioration or dysfunctionality, and the continued healthy function of related ecological system; (p) ''treatment technologies'' as deemed fit and notified by the appropriate Government; and (q) ''wastewater'' used water discharged from household, business establishment, Government buildings, and any other such plots/properties on 200 sq. metre and above. 3. (1) Every existing and planned household, business establishment, Government Compulsory buildings and any other plots or properties on two hundred square metres of land and above rainwater shall adopt necessary infrastructure, technology or such measures, as the Central Government harvesting by households, deem fit necessary to undertake rainwater harvesting within such time, as may be specified business in the notification. establishments (2) The responsibility to ensure compliance of the provisions of sub-section (1) shall and government lie, in the case of household, on the head of karta of that household, and in any other case, buildings. on the person, by whatever name called, who is primarily responsible for the affairs of that establishment, plots and properties. (3) The Central Government shall ensure construction and repair of conventional water bodies such as wells, tanks, ponds, creeks and watersheds to preserve rainwater either for direct use or to recharge the levels of groundwater. (4) The Central Government shall ensure construction of any infrastructure, technology or such measures, as it may deem necessary, for water conservation within specific time as it may be notified by it for the Scheduled Castes, the Scheduled Tribes, indigenous and tribal populations and any other vulnerable and marginalized groups. 29 of 1986. 4. (1) Subject to the provisions of the Environment (Protection) Act, 1986 and the Compulsory 5 of 1974. Water (Control and Prevention of Pollution) Act 1974, every existing and planned household, Water business establishment, government buildings, and any other such plots/properties on two Reclamation. hundred square metres of land and above shall adopt necessary infrastructure, technology or such measures, as it may deem necessary, to recycle or reclaim wastewater within such time, as may be specified in the notification. (2) The responsibility to ensure compliance of the provisions of sub-section (1) shall lie, in the case of household, on the head of karta of that household, and in any other case, on the person, by whatever name called, who is primary responsible for the affairs of that establishment, plots and properties.366 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The Central Government shall ensure construction and repair of conventional water bodies such as wells, tanks, ponds, creeks and watersheds to recycle or reclaim wastewater so as to recharge the levels of groundwater. (4) The Central Government shall ensure construction of any infrastructure, technology or such measures, as it may deem necessary for water reclamation within such time as may be prescribed, for the Scheduled Castes, the Scheduled Tribes, indigenous and tribal populations and any other vulnerable and marginalized groups. Treatment 5. (1) The Central Government shall within a selected period not exceeding a year, Technologies. prepare and select best practices and scientific technologies available in India and all over the world, which are sustainable practices for water conservation and reclamation. (2) Every practice and scientific technology prepared under sub-section (1) shall be duly notified within a period not exceeding ninety days. (3) Every existing and planned household business establishment, government building and any other such plots/properties on two hundred square metres of land and above are mandated to adopt best practices or any scientific technologies for water conservation and reclamation as notified by the Central Government. Usage of 6. (1) Every existing and planned household, business establishment, government Conserved building, and any other such plots/properties on two hundred sq. metres of land and above water. have to compulsorily use such conserved water for all viable purposes. (2) The Central Government shall create necessary infrastructure, technology or such measures, as it may deem necessary, to use such conserved water for any public purposes. (3) The Central Government shall ensure construction of any infrastructure, technology or such measures, as it may deem necessary, to provide such conserved water to the Scheduled Castes, the Scheduled Tribes, indigenous and tribal populations and any other vulnerable and marginalized groups with such time for all viable purposes. (4) The Central Government shall encourage potable use of conserved water in a sustainable way as may be prescribed. 7. (1) The Central Government shall, within a selected period not exceeding a year, Funding. prepare an action plan to educate people about the technology and benefits of water reclamation through all possible means. (2) The Central Government shall, after due appropriation made by Parliament, allocate fund, and sponsor programmes from its available means to ensure the proper implementation of this Act. (3) For the purpose of sub-section (1) and (2), the Central Government shall also associate non-Governmental Organizations and such other agencies or institutions, as it may deem fit, in such manner as may be prescribed. Public 8. (1) The Central Government shall make all efforts to enable easy access to all Outreach, stakeholders including non-Governmental Organisations, corporate, and private organizations Participation to create knowledge-related aspects of water conservation, rainwater harvesting, and water and Consultation. reclamation. (2) The Central Government shall incentivize society, including individual members of that society, business establishments, government buildings, households and any other such plots/properties on two hundred square metres of land and above for water conservation, rainwater harvesting, and water reclamation through concession in water bill or any other suitable means. (3) The Central Government shall promote continuing research and advancement in technology to address issues related to water conservation and reclamation.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 367 (4) The Central Government shall encourage, recognize, and award innovation in water conservation, rainwater harvesting and water reclamation. 9. (1) Whoever, including an individual, business establishment, government building, Punishment. household or an owner of any plot or properties on two hundred square metres of land and above violates the provisions of this Act shall be penalized with differential pricing in their water bills as per the standard rate set by the appropriate Government. (2) In the case of repeated violation such person shall be punished with simple imprisonment for a term which may extend to one year or with a fine which may extend to rupees one lakh or with both. 10. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may make such order or give such direction, not inconsistent with the provisions remove of this Act, as may appear to be necessary or expedient for removing the difficulty: difficulties. Provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. 11. The provisions of this Act or the schemes made thereunder shall have effect Act to have notwithstanding anything inconsistent therewith contained in any other law for the time overriding being in force or in any instrument having effect by virtue of such law. effect. 12. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.368 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The pace of development should not just better the lives of present generations, but also be sustainable enough to benefit future generations. Across the country, both the pace of urbanization and urban migration is far exceeding the level that is sustainable at current levels of naturally available water. This situation has led to an unchecked level of stress on naturally available water, thereby resulting in the increasing certainty of a scenario in the near future where groundwater levels in major cities of India are as low as zero. Global threats such as climate change are exacerbating existing water stress by increasing the pace of desertification, making it of utmost urgency to tackle the renewal of water resources through efficient recycling and rainwater harvesting. This situation is alarm- ing and threatening the future growth and development of our cities and our country. The gravity of the situation calls for legislation whose jurisdiction encompasses all States and Union territories of India, and whose mandate stimulates collective action involving all public and private stakeholders. Furthermore, the State must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of the Right of Access to Sufficient Water for all including the Scheduled Castes, the Scheduled Tribes, indigenous and tribal populations and any other vulnerable and marginalized groups within required time. Hence this Bill. NEW DELHI; RITESH PANDEY November 1, 2019SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 369 FINANCIAL MEMORANDUM Clause 3 of the Bill provides that the Central Government shall adopt necessary infra- structure, technology or such measures, as they deem fit necessary for rainwater harvesting. Clause 4 provides that the Central Government shall adopt necessary infrastructure, technology or such measures, as they deem fit necessary for recycle or reclaim waste water. It further provides for construction of any infrastructure, technology or such measures to water reclamation within such time for the Schedule Castes, the Schedule Tribes, indigenous and tribal populations and any other vulnerable and marginalized groups. Clause 5 provides that the Central Government shall, within a period of one year, prepare and select best practices and scientific technologies available in India and all over the world, which are sustainable practices for water conservation and reclamation. Clause 6 provides that the Central Government shall create necessary infrastructure, technology or such measures, as it may deem necessary, to use such conserved water for any public purposes. Clause 7 provides that the Central Government shall, within a selected period not exceeding a year, prepare an action plan to educate people about the technology and benefits of water recla- mation through all possible means. Clause 8 provides that the Central Government shall make all efforts to enable easy access to all stakeholders including Non-governmental, corporate and private organizations to create knowledge-related aspects of water conserva- tion, rainwater harvesting, and water reclamation. The Bill, therefore, if enacted, is likely to involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees five hundred crore would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 12 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 details only, the delegation of legislative power is of a normal character.370 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 1 OF 2021 A Bill to promote progressive shift in generation, transmission, distribution, trading and usage of electricity from conventional energy sources to renewable energy and for matters connected therewith. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, 1. (1) This Act may be called the National Renewable Energy Credit Support Act, 2021. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date, being not later than one year from the date of assent by the President, as the Central Government may by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 371 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) "Ministry" means the Ministry of New and Renewable Energy; (c) "prescribed" means prescribed by rules made under this Act; (d) "Renewable energy sources" means energy derived from non-depleting resources and includes the following sources— (i) wind; (ii) solar radiation; (iii) mini hydro; (iv) biomass; (v) biofuels; (vi) landfill and sewage gas; (vii) municipal solid waste; (viii) industrial waste; (ix) geothermal energy; (x) ocean energy; (xi) any other energy source, as may be notified by the Ministry; and (xii) hybrids of above sources. (e) "Tax Credit" means an amount of money that a taxpayer shall subtract from taxes owed to the appropriate Government or local authority. 3. (1) The appropriate Government and local authority concerned shall take all such Promotion of measures, as it deems necessary, for the promotion of adoption of renewable energy in adoption of Renewable public buildings, residences, companies, commerce, industries and agriculture. Energy in Public (2) The appropriate Government shall promote adoption of renewable energy for the Buildings, purpose of electricity generation, its supply to, and self-consumption by, public buildings, Residences, residences, companies, commerce, industries and agriculture: Companies, Commerce, Provided that the entity generating or supplying electricity based on renewable energy Industries, and shall comply with the such measures as may be specified by the Central Electricity Authority Agriculture. 36 of 2003. under sections 53 and 73 of the Electricity Act, 2003: Provided further that such electricity generating company may establish, operate, and maintain a generating station without obtaining a license under the Electricity Act, 2003, if it complies with the technical standards relating to connectivity with the grid referred to in 36 of 2003. clause (b) of section 73 of Electricity Act, 2003: Provided also that any individual or community, who intends to generate and supply electricity from renewable energy sources, shall not require any license but shall be required to comply with such measures, as may be specified by the Central Electricity Authority under 36 of 2003. sections 53 and 73 of the Electricity Act, 2003: (3) The appropriate Government including local authorities shall promote adoption of renewable energy through its initiatives and programmes in villages and especially amongst women, the Scheduled Castes, the Scheduled Tribes and any other weaker and vulnerable sections of society.372 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (4) The appropriate Government shall create a national, uniform and mandatory renewable electricity energy purchase obligation or similar requirement on all entities within one year of the coming into force of this Act. (5) The Central and the State Electricity Regulatory Agencies constituted under the Electricity Act, 2003 shall have the responsibility and authority to ensure compliance to such 36 of 2003. electricity purchase obligations. Tax-cut or 4. (1) The appropriate Government and the local authorities, as the Case may be, shall credits for the provide such tax-cut or credit on the electricity bill, being not less than ten per cent. and not adoption of more than thirty per cent. as it may deem fit, to the individuals, communities, public buildings, Renewable residences, companies, commerce, industries and agriculture that use renewable energy for Energy. the purpose of personal consumption: Provided that the appropriate Government and the local authorities shall allow such tax-cut or credit to the above-mentioned entities through a verification mechanism as per the Electricity Act, 2003 within one-year of the said electricity bill: Provided further that the burden of such tax-cut or credit shall be reimbursed to the exchequer by the Central Government up to seventy per cent. and by the State Government up to thirty per cent. (2) The Central Government shall provide such tax-cut or credit on the corporate tax, being not less than ten per cent. and not more than thirty per cent., as it deems appropriate, to companies, commerce, industries and agriculture that generate and supply renewable energy for the purpose of electricity consumption: Provided that the Central Government shall allow such tax-cut or credit to the above- mentioned entities through a verification mechanism to be notified within one-year of the coming into force of this Act: Provided further that the burden upto thirty per cent. of such tax-cut or credit shall be reimbursed to the Central Government by the State Government. (3) The Central Government shall provide such tax-cut or credit on the corporate tax, being not less than ten per cent. and not more than thirty per cent., as it may deem appropriate to companies, commerce, industries and agriculture that generate and use renewable energy for their commercial purposes: Provided that the Central Government shall allow such tax-cut or credits to the above- mentioned entities through a verification mechanism to be notified within one-year of the coming into force of this Act: Provided further that the burden upto thirty per cent. of such tax-cut or credits shall be reimbursed to the Central Government by the State Government. Financial 5. (1) The appropriate Government shall financially support individuals, communities, Support for public buildings, residences, companies, commerce, industries and agricultural units that the adoption intend to buy equipment or necessary infrastructure for using renewable energy for the of Renewable purpose of personal consumption, through its various programmes, policies, subsidies or by Energy. arranging a mechanism through appropriate loans. (2) The appropriate Government shall financially support individuals, communities, public buildings, residences, companies, commerce, industries and occupational activities that intend to buy equipment or necessary infrastructure for generating renewable energy by themselves for self-consumption through its various programmes, policies, subsidies or by arranging a mechanism through bank-loans. (3) The appropriate Government shall financially support individuals, communities, public buildings, residences, companies, commerce, industries and agricultural units that intend to buy equipment or necessary infrastructure for generating and supplying renewable energy through its various programmes, policies, subsidies or by arranging a mechanism through bank-loans.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 373 6. (1) The appropriate Government shall provide equipment and necessary infrastructure Other for using renewable energy for the purpose of electricity or cooking or both to women, the mechanisms to support for Scheduled Castes, the Scheduled Tribes and any other weaker and vulnerable sections of adoption of society. renewable energy for all. (2) The appropriate Government shall fund programmes to any other marginalized community who intend to buy equipment or necessary infrastructure for using renewable energy for the purpose of personal consumption and agricultural units. 7. If an individual, community, public building, residence, company, commerce, industry Revocation of or agriculture that receives a tax-cut or credit, financial support or any similar incentives for tax-cut or credits, etc. the adoption of renewable energy fails to comply with the provisions of this Act, the appropriate Government— (a) shall revoke such tax-cut, financial support or similar incentives; and (b) may impose on the such entity such penalty as may be prescribed. 8. The appropriate Government shall create incentive and facilitation framework to Investments assist companies, commerce and industries to make investment in renewable energy projects. in Renewable energy projects. 9. No person shall establish or expand or cause to establish or expand any Prohibition manufacturing facility for production of any energy sources with fully fossil-fuel based on new investments energy system after the coming into force of this Act. on fully fossil-fuel based energy system. 10. (1) The appropriate Government shall establish such number of regional renewable Regional energy funds, as it may deem necessary, keeping in view the population of the particular Renewable Energy Fund. region. (2) The Fund shall be co-ordinated and operated by the Central Government through the Ministry. (3) The monies to the Funds shall be credited by the — (i) appropriate Government; (ii) corporate social responsibility mechanism; (iii) levy of cess; (iv) international finance; (v) funds received under any climate agreement; (vi) any penalty received under this Act; and (vii) such other sources, as the Central Government deems fit. (4) The Funds shall be used for supporting all the objectives of this Act. 18 of 2003. 11. Notwithstanding anything in the Company Act, 2013 or the rules made thereunder, Mandatory the companies shall mandatorily credit funds into the Regional Renewable Energy Fund Corporate Social under the corporate social responsibility policy in furtherance of environmental sustainability. Responsibility in Renewable Energy. 12. (1) The appropriate Government shall create a rural renewable energy security Rural programme to provide access to renewable energy for various purposes for rural population. Renewable Energy (2) The appropriate Government shall fund programmes which shall help those who Security intend to buy equipment or necessary infrastructure for using renewable energy for the Programme. purpose of agriculture.374 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) The appropriate Government shall fund programmes which will help indigenous community who intends to buy equipment or necessary infrastructure for using renewable energy for the purpose of electricity and cooking. (4) The appropriate Government shall especially utilize the Regional Renewable Energy Fund for ensuring access to renewable energy for rural population. Outreach and 13. (1) The appropriate Government shall fund various programmes and policies that Friends for create necessary awareness on the importance of using renewable energy for any purpose Renewable as identified under this Act. Energy. (2) The appropriate Government shall fund various research programmes which identify and develop indigenous sources of renewable energy. (3) The appropriate Government shall appoint local volunteers in various regions who shall help in fulfilling the objectives of this Act. Monitoring, 14. (1) The appropriate Government shall, from time to time, formulate, monitor and Penalty and review policies and schemes pertaining to implementation of renewable energy. Reporting Requirement. (2) The appropriate Government shall impose such penalties, as it deems necessary, to those entities who violate any of the provisions of this Act. (3) The appropriate Government shall publish updated set of technical safety, quality standards and any other data that is important for the adoption of renewable energy. Power to 15.(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 by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 375 STATEMENT OF OBJECTS AND REASONS The National Renewable Energy Credit Support Bill aims to address the urgent need for India to adopt sustainable solutions to satiate its growing energy demand in the face of the global climate crisis. Traditional energy sources come from the combustion of fossil fuels (coal and petroleum)—which is a chemical process that emits gases such as carbon dioxide, methane, and nitrous oxide. These are greenhouse gases that prevent heat from escaping the earth's atmosphere, thereby warming the surface of the earth. An increased concentration of greenhouse gases in the earth's atmosphere as a result of human activities such as the combustion of fuel for industrial power generation has resulted in global warming, which is the phenomenon driving global climate change. The consequences of climate change are already beginning to manifest themselves as existential threats to coastal settlements as well as food production. In India, where a large population of farmers still depend upon rainfall for irrigation, climate change is disrupting rainfall patterns in the form of delayed onset, floods, droughts, and shorter rainy periods. Additionally, it is also responsible for the increasing intensity of heat waves experienced by much of the country. Therefore, the need of the hour is to avert the disastrous effects of climate change by containing global warming to within 1.5 degrees of temperature rise by 2050. As one of the world's largest economies with the second largest human population, India has a unique responsibility to fulfil the commitments of the Paris Agreement of 2016 by advocating for development that is sustainable, ethical, and equitable. In the backdrop of the growing threat of climate change in India, renewable energy is the key for India's continued and sustained growth. This Bill aims to address this need by giving a boost to the renewable energy ecosystem in the country. To that end, this Bill espouses the introduction of taxation incentives to both the producers, distributors and consumers of renewable power sources. The Bill also aims to promote the development of the renewable energy infrastructure in under-served areas through the establishment of a Regional Renewable Energy Fund that is funded by a public-private partnership as well as a Rural Renewable Energy Security Programme. The Bill also caters to the energy needs of vulnerable populations such as scheduled castes, scheduled tribes and geographically isolated communities. On the economic front, India is a large importer of oil and natural gas, and this Bill aims to move towards establishing energy independence in order to reduce our fiscal deficit. Given that fuel forms a large share of our imports, the Indian economy remains vulnerable to a crude oil price shock that could feed into inflation. Additionally, by improving the renewable energy generation and distribution infrastructure in the country, we can also generate more national employment, especially more rural employment. NEW DELHI; RITESH PANDEY November 6, 2019.376 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— PRESIDENT’S RECOMMENDATION UNDER ARTICLES 117(1), 274(1) AND 117(3) OF THE CONSTITUTION [Copy of Letter No. 9/02/2016-P&C dated 15 December, 2020 from Shri R.K. Singh, Minister of State of the Ministry of Power and New and Renewable Energy and Minister of State in the Ministry of Skill Development and Entrepreneurship to the Secretary General, Lok Sabha]. The President, having been informed of the subject matter of the National Renewable Credit Support Bill, 2019* by Shri Ritesh Pandey, M.P., recommends the introduction under articles 117(1) and 274(1) and the consideration of the Bill under article 117(3) of the Constitution in Lok Sabha. [*As the Bill has been tabled in the year 2019, the requisite recommendation of the President had been conveyed in the year 2020. However, the Bill becomes due for introduction in the year 2021. Accordingly, the year of the title of the Bill and enacting formula thereto has been changed to the year 2021 and ‘Seventy-second year of Republic of India’, respectively.]SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 377 FINANCIAL MEMORANDUM 1. Sub-clause (1) of clause 3 of the Bill states that the appropriate Government shall take all such measures as it deems necessary n publc for the promotion of adoption of renewable energy buildings, residences, companies, commerce, industries and agriculture. 2. Sub-clause (3) of clause 3 of the bill states that the appropriate Government is under an obligation to promote adoption of renewable energy through its initiatives and programmes for all purposes in villages and especially among women, Scheduled Castes, Scheduled Tribes, and any other weaker and vulnerable sections of society. 3. Sub-clause (1) of clause 4 of the bill states that the appropriate Government shall provide tax-cut or credits on the electricity bill between 10-30% or a proportion it deems fit to individuals, communities, public buildings, residences, companies, commerce, industries, and agriculture that use renewable energy for the purpose of personal consumption. 4. Sub-clause (2) and sub-clause (3) of clause 4 of the bill states that the appropriate Government shall provide tax-cut or credits on the corporation tax of not less than 10% and more than 30% or it deems fit necessary to companies, commerce, industries and agriculture that generates, supply and uses renewable energy for commercial purposes. 5. Sub-clause (1) of clause 5 states that the appropriate Government shall financially support through its various programmes, policies, subsidies, or by arranging a mechanism through appropriate loans for individuals, communities, public buildings, residences, companies, commerce, industries, and agricultural units that intend to buy equipment or necessary infrastructure for using, generating and supplying renewable energy for the purpose of personal consumption and commercial purposes. 6. Sub-clause (1) and (2) of clause 6 states that the appropriate Government shall fund programmes to any other marginalized community who intend to buy equipment or necessary infrastructure for using renewable energy for the purpose of personal consumption and agricultural units. 7. Clause 8 of the bill states that the appropriate Government shall create incentive and facilitation framework which will assist companies, commerce, and industries to make investments in renewable energy projects. 8. Sub-clause (1) of clause 10 of the bill states that the appropriate Government shall establish several regional renewable energy funds and further fund them accordingly to the rules under the clause. 9. Sub-clause (1) of clause 12 of the bill states that the appropriate Government shall create a rural renewable energy security programme to provide access to renewable energy for various purposes to rural populations and further obliges it to fund the programme. 10. Sub-clause (2) of clause 13 of the bill states that the appropriate Government shall fund various research programmes which identify and develop indigenous sources of renewable energy. 11. Sub-clause (3) of clause 14 of the bill states that the appropriate Government shall publish updated set of technical, safety, and quality standards, and any other data that is important for the adoption of renewable energy.378 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM OF DELEGATED LEGISLATION Clause 15 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As such the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 379 BILL NO. 216 OF 2019 A Bill to provide for financial assistance to unemployed post-graduates and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Financial Assistance to Unemployed Post-Graduates Short title, Act, 2019. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.380 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) "post-graduate" means any citizen who holds a master's degree or equivalent qualification from any recognised university or institution and includes citizens who hold qualifications higher than that of post-graduate degree or its equivalent; and (b) "prescribed" means prescribed by rules made under this Act. Central 3. The Central Government shall endeavour to provide to every post-graduate an Government employment according to his qualification. to endeavour to provide employment to post- graduates. Grant of 4. (1) Every unemployed post-graduate, till he is gainfully employed, shall, be entitled financial to financial assistance at such rate, as the Central Government may deem appropriate. assistance to unemployed (2) Notwithstanding anything contained in sub-section (1), no financial assistance post-graduate. shall be provided to an unemployed post-graduate if— (a) he is receiving any fellowship or scholarship under any scheme of the Central Government or a State Government; or (b) he is registered under any higher research course. (3) The Central Government shall, while fixing the rate of financial assistance, take into account the age, educational qualification, technical skills, physical disabilities and such other factors, as it may deem necessary: Provided that different rates of financial assistance may be prescribed for post- graduates on the basis of subjects in which they hold post-graduate degrees and the State or part of the State of their residence. Central 5. The Central Government shall ensure provision of special employment oriented Government skill and apprenticeship trainings, based on industrial requirements, to the post-graduates to provide in such manner as may be prescribed. special skill and apprenticeship training. Power to make 6. (1) The Central Government may, by notification in the Official Gazette, make rules rules. for carrying out the purposes of this Act. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 381 STATEMENT OF OBJECTS AND REASONS The problem of employment has been growing amongst the post-graduate citizens in our country. They are living in stressful condition with pressure of their parents, society and uncertain future after having completed higher education in our country. Their capacity and energy are not being utilized for nation building. Due to desperation to get employed, they are choosing the path of crime and violence. Some of them even commit suicide. Lack of opportunities for employment is also a leading factor in migration of a large section of capable youth abroad. The problem of not getting any financial assistance after the completion of post-graduation is also leading the youth towards lack of interest in Research and Development sector in various streams of higher education thereby hampering national research output and innovation capacity. It is high time that necessary efforts be made by the Government to assure employment for citizens of the country and to provide financial assistance to those who are having post-graduate degrees but have not been able to secure employment. It is also high time that the efforts be made by the Government to provide necessary skill training to the post-graduate according to the industrial and institutional requirements. Hence this Bill. NEW DELHI; RAMESH BIDHURI August 6, 2019.382 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides that the Central Government shall provide employment to every post-graduate. Clause 4 provides for financial assistance to unemployed post- graduates. Clause 5 provides for special skill and apprenticeship training for the post- graduates. 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 per annum would be involved from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 6 of the Bill empowers the Central Government to make rules for carrying out the provisions of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 383 BILL NO. 230 OF 2019 A Bill to provide for compulsory teaching of Bhagavad Gita as a moral education text book in educational institutions and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Compulsory Teaching of Bhagavad Gita as a Moral Short title Education Text Book in Educational Institutions Act, 2019. and commencement. (2) It shall come into force on such date as the Central Government may, by notification in 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; and384 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) “educational institution” means any school, by whatever name called, imparting education up to senior secondary level. Compulsory 3. Every educational institution shall compulsorily teach Bhagavad Gita as a moral Teaching of education text book. Bhagavad Gita as a moral education text book. Appropriate 4. The appropriate Government shall appoint such number of teachers, as it may deem Government to necessary with such qualifications, as may be specified by the Central Government, for appoint teaching Bhagavad Gita as a moral education text book in every educational institution. teachers for teaching Bhagavad Gita as a moral education text book. Derecognition 5. The appropriated Government shall derecognise a school, which does not comply of schools for with the provisions of section 3: non-compliance of the Provided that a school shall be given reasonable opportunity of being heard before provisions of any decision on its derecognition is taken. the Act. Central 6. The Central Government shall, after due appropriation made by Parliament by law in Government this behalf, provide adequate funds to the States for carrying out the purposes of this Act. to provide funds to the State Governments. Application of 7. Notwithstanding anything contained in this Act, the provisions of this Act, shall Act on apply to minority institutions only if the management of such institutions convey to the minority appropriate Government their willingness to include the teaching of Bhagavad Gita as a educational moral education text book in their school curriculum. institutions in certain situation. Overriding 8. The provisions of this Act shall have effect notwithstanding anything inconsistent effect of the therewith contained in any other law for the time being in force. Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 385 STATEMENT OF OBJECTS AND REASONS Srimad Bhagavad Gita has been the book of India’s soul. It is also the greatest book on the moral and value education. Bhagavad Gita not only holds holy significance to the people of India but also guides the moral and value thinking in the time of depravity and chaos. The teachings of Gita is ageless and unbounded. It contains the teaching ranging from spiritual awakening to leadership and management. Teachings of Gita is teaching of humanity and brotherhood. Many great thinkers from our time such as Swami Vivekananda, Sri Aurobindo, Albert Einstein, Mahatma Gandhi as well as Madhavacharya, Shankara and Ramanuja, from bygone ages, have all deliberated upon its timeless teachings. Mahatma Gandhi has also said “When doubts haunt me, when disappointments stare me in the face, and I see not one ray of hope on the horizon, I turn to Bhagavad Gita. Let the Gita be to you a mine of diamonds, as it has been to me; let it be your constant guide and friend on life’s way”. It is highly deplorable that such vast literature containing infinite teachings for all age groups is neglected by our educational institutions. It is high time to make sincere effort to spread the teachings to our children and grown ups. Teaching of Bhagavad Gita as a compulsory moral education text book in educational institutions will enable the younger generation to enrich their personality, noble traditions and thoughts of Bhagavad Gita will make them better citizens. Hence this Bill. NEW DELHI; RAMESH BIDHURI August 8, 2019.386 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides that the appropriate Government shall appoint teachers for teaching of Bhagavad Gita as a compulsory moral text book in every educational institution. Clause 6 provides that the Central Government shall provide adequate funds to the State Governments carrying out the purposes of this Act. The Bill, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees five thousand crore will be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees hundred crore is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 387 BILL NO. 241 OF 2019 A Bill to provide for the establishment of a National Commission for Welfare of Farmers to improve the conditions of farmers and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called The National Commission for Welfare of Farmers Short title and Bill, 2019. commencement. (2) It shall come into force with immediate effect. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government;388 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "farmer" means an Indian citizen who undertakes cultivation in his own land or in any other land on sharing basis or on lease or performs any other livelihood work related to agriculture; (c) "National Commission" means the National Commission for Welfare of Farmers established under section 3; and (d) "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 a National Commission to be known as the National Commission for Welfare of Farmers to improve the Commission conditions of farmers in the country. for Farmers Welfare and (2) The Commission shall consist of — Development. (a) a Chairperson; (b) a Deputy Chairperson; and (c) three members to be appointed by the President by warrant under his signature and seal from amongst the persons having special knowledge in the field of agriculture. (3) The Central Government may appoint such number of officers and staff including experts to the Commission as may be required for its efficient functioning. (4) The salary and allowances payable to, and other terms and conditions of service of the Chairperson, Deputy Chairperson, members, officers, staff and experts of the Commission shall be such as may be prescribed. (5) The National Commission shall have the power to regulate its own procedure. Functions of 4. (1) It shall be the duty of the National Commission to take such steps, as it may deem the National appropriate, for the welfare and development of farmers and their dependant family members. Commission. (2) Without prejudice to the generality of the foregoing provision, the National Commission shall ensure the following provisions for the benefit and welfare of farmers, namely:— (a) negotiating all cases related to the safeguards provided to farmers and carry out the monitoring and improvement of such safeguards; (b) investigate complaints of the farmers related to deprivation of their rights and safeguards; (c) participate in the planning process of socio-economic development of farmers; (d) advice the appropriate Government to enhance pace of development of farmers under its jurisdiction; (e) submit reports to the President regarding the working of safeguards on an annual basis or at such intervals as it thinks fit including measures for protection, welfare and social development of farmers; and (f) undertake all other functions for the protection, welfare and development of farmers, as specified by the President. President to 5. (1) The President shall cause to be laid before each House of Parliament all the lay report. reports submitted to him under clause (e) of sub-section (2) of section 4 along with a memorandum explaining the reasons for not accepting any of the recommendations made thereto. (2) Where the report, or any of its part is related to any of the issue connected with the 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 orSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 389 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 the State legislature. 6. The National Commission shall, while investigating any matter referred to in Commission clause (b) of sub-section (2) of section 4, have all the powers of a Civil Court trying a suit to have powers of and, in particular in respect of the following matters, namely:— Civil Court. (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commission for the examination of witnesses and documents; and (f) any other matter which may be prescribed. 7. The appropriate Government shall consult the National Commission on all policies Appropriate affecting interests of the farmers. Government to consult Commission. 8. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, provide adequate funds to the National Commission for carrying out the purposes Government to provide of this Act. adequate funds to the National Commission. 9. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may make such order or give such direction, not inconsistent with the provisions remove difficulties. of this Act, as may appear 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 commencement of this Act. 10. The provisions of this Act and rules made thereunder shall have effect Act to have notwithstanding anything inconsistent therewith contained in any other law for the time overriding effect. being in force. 11. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) 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.390 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS More than half of country's population is engaged in agriculture and its allied activities, but the financial condition of farmers is still in a pitiable state. There are many schemes and special provisions for the welfare of farmers in the country, inspite of which no significant change can be observed in their social-economic conditions. Neither their financial condition has improved as expected nor their complaints are resolved. In such a scenario, in order to end their exploitation and to ensure their holistic development, need for a better and empowered institutional mechanism has long been felt. There is an urgent need for establishment of a National Commission for Welfare of Farmers on the lines of the Scheduled Castes and the Scheduled Tribes Commissions. Hence this Bill. SHYAM SINGH YADAV NEW DELHI; October 23, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 391 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of National Commission for Farmers Welfare and Development. It also provides for appointment of a Chairperson, Deputy Chairperson, members, officers, staff and experts to the Commission. Clause 8 provides for the Central Government to provide adequate funds for the functioning of the Commission. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of Rupees five hundred crore will be involved. A non-recurring expenditure of about Rupees one hundred crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.392 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 356 OF 2019 A Bill for the declaration of the city of Deoghar as the oldest living city of utmost national importance and to provide for the conservation, preservation and maintenance of culutral and natural heritage, heritage of Deoghar and for matters connected therewith or incidental thereto. WHEREAS the ancient city of Deoghar is one of the oldest living cities in the world and the cradle of Indian civilisation. AND WHEREAS the ancient city of Deoghar is abounded by thousands of ancient temples and other places of worship which play an important role in the social and cultural fabric of the city. AND WHEREAS it is considered necessary to take appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection,SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 393 conservation, preservation and rehabilitation of cultural and natural heritage of the ancient city of Deoghar. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Holy City of Deoghar (Preservation of Cultural Short title and Heritage) Act, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. (1) In this Act, unless the context otherwise requires,— Definitions. (a) "appointed date" means such date, as may be notified by the State Government; (b) "construction" means any erection of a structure or a building, including any addition or extension thereto either vertically or horizontally including any reconstruction, repair and renovation of an existing structure or building, or, construction of roadways or waterways, or, construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences, or, the construction and maintenance of works meant for providing supply of water for public, or the construction or maintenance, extension, management for supply and distribution of electricity to the public or provision for other similar facilities for public; (c) "heritage site" means a cultural heritage site, a natural heritage site, a mixed cultural and natural heritage site or a cultural landscape of outstanding value; (d) "Deoghar" means the area of Deoghar district in the State of Jharkhand; (e) "large scale project" means an activity, which concerns construction or reconstruction estimated to cost not less than rupees twenty crores; (f) "notification" means a notification published in the Official Gazette and the word "notify" shall be construed accordingly; and (g) "State Government" means the Government of the State of Jharkhand. Explanation.—For the purposes of this clause,— (h) "cultural heritage site" shall include,— (a) monuments, that is to say, architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features which are of outstanding value from the point of view of history, art or science; (b) buildings, that is to say, separate or connected buildings which, because of their architecture, homogeneity or place in the landscape, are of outstanding value from the historical, aesthetic, ethnological or anthropological point of view; (c) sites, that is to say, works of man including industrial or railway heritage or the combined works of nature and man and areas including archaeological sites which are of outstanding value from the historical, aesthetic, ethnological or anthropological point of view; and (d) places of religious worship, that is to say, structures more than hundred years old or more, where devotees offer prayers;394 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (ii) "natural heritage site" shall include,— (a) natural sites or precisely delineated natural areas which are of outstanding value from the point of view of science, conservation or natural beauty; (b) geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants and are of outstanding value from the point of view of science or conservation; (c) natural features consisting of physical and biological formations or groups of such formations, which are of outstanding value from the aesthetic or scientific point of view; (iii) "mixed cultural and natural heritage site" shall include properties which satisfy a part of the attributes of both cultural heritage site and natural heritage site; (iv) "cultural landscape" includes cultural properties representing the combined works of man and the nature and illustrative of the evolution of human society and settlement over a time, under the influence of the physical constraints and opportunities presented by their natural environment and of successive social, economic and cultural forces, both external and internal; (v) "outstanding value", in relation to a heritage site, means its cultural or natural significance which is so exceptional as to transcend the boundaries of the place in which it is located and is of great importance for the present and future generations of the country; Declaration of 3. The Central Government shall, by notification, Deoghar declare Deoghar as the Deoghar as 'oldest living city of utmost national importance', keeping in view the unique stature and the oldest importance of Deoghar. living city of national importance. Constitution 4. The Central Government shall Institute a Committee inter alia comprising of of Committee archaeological experts and scholars for the purpose of identification, conservation and for preservation of heritage sites, natural heritage sites, mixed cultural and natural heritage sites preservation and cultural landscapes of outstanding value in Deoghar, in such manner as may be prescribed. of heritage sites. Maintenance 5. (1) The Central Government shall maintain a heritage sites roster for Deoghar and of a roster of make it available on its website for public viewing in such manner as may be prescribed. heritage sites. (2) The Central Government may, keeping in view the national importance of any of the heritage sties, notify such heritage sites and enter the description of such sites in the heritage sites roster in such manner as may be prescribed. Measures to 6. (1) All large scale projects and construction, started after the notification of this Act prevent or ongoing at the time of its enactment, shall be stopped with immediate effect pending an damage to evaluation published at an appointed date of their impact on heritage sites, natural heritage heritage sites. sites, mixed cultural and natural heritage sites and cultural landscapes by the Committee constituted under section 4. (2) The State Government shall take all measures, including but not limited to shutting down of polluting industries, revocation of government licenses and stoppage of large scale projects detrimental to conservation, preservation and upkeep of heritage sites, natural heritage sites, mixed cultural and natural heritage sites and cultural landscapes. Rebuilding and 7. The local authority shall make all efforts to identify, rebuild and rehabilitate heritage rehabilitation sites, natural heritage sites, mixed cultural and natural heritage sites and cultural landscapes of heritage that have been harmed due to large scale projects and construction works undertaken before sites. enactment of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 395 8. The Central Government shall, after due appropriation made by Parliament by law in Central Govt. this behalf, provide requisite funds for carrying out the purposes of this Act. to provide funds. 9. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament or the Legislative Assembly and the Legislative Council, as the case may be, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both 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.396 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Deoghar, which falls under Santhal Pargana region, is an unique and extremely revered site of one of the fifty-one Shaktipeeths and also of the Dwadash Jyotirlinga in the country. This is a religious and cultural capital of Eastern India which catapults the holy place to an International acclaim and is visited by over five crore pilgrims every year. The proposed Bill puts forward the demand of lakhs of people of Deoghar as well as crores of other who stand for conservation of our cultural heritage and see Deoghar as the holiest of the earth's cities. Hence, this Bill proposes the proclamation of Deoghar as the 'oldest living city of utmost national importance', the conservation and preservation of a wide array of tangible and intangible heritage and the stopping of haphazard development projects. The Bill provides that the Central Government shall constitute a Committee, without any delay, to identify, enumerate and preserve Deoghar's shared cultural heritage. Hence this Bill. NEW DELHI; NISHIKANT DUBEY October 25, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 397 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matter of detail only, the delegation of legislative powers is of a normal character. ————— FINANCIAL MEMORANDUM Clause 4 of the Bill provides for constitution of a committee of archaeological experts and scholars for the purpose identification, conservation and preservation of heritage sites, natural sites, etc. Clause 8 of the Bill makes it obligatory for the Central Government to provide requisite fund for carrying out the purposes of this Act. The expenditure to be incurred depends upon number of heritage sites to be identified for the purpose of conservation and maintenance. Therefore, the Bill, if enacted, will involve expenditure from the Consolidated Fund of India. However, it is not possible at this stage to estimate the actual financial expenditure that is likely to be incurred.398 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 244 OF 2019 A Bill to provide for the protection of the families of farmers by the State who have lost their lives in accident of any nature, due to disease, natural death or by committing suicide by extending welfare measures and financial assistance, so as to enable the bereaved families to bear the loss of their bread winners and live a respectable life and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Protection of Farmers Families Act, 2019. extent and (2) It extends to the whole of India. commencement. (3) It shall come into force with immediate effect. 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) "bereaved family" includes the dependent parents, the widow and dependent children of the deceased farmer;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 399 (c) "children" means the sons and daughters below the age of twenty-five years dependent on the deceased farmers; (d) "deceased farmer" means a farmer who has lost his life due to accident or disease or natural death or by committing suicide; (e) "prescribed" means prescribed by rules made under this Act; and (f) "widow" means a legally married wife of the deceased farmer. 3. (1) The Central Government shall, within a preiod of one year from the commencement National of this Act, formulate a National Policy for the welfare and rehabilitation of the bereaved policy for the protection of families of farmers who have lost their lives due to accident of any nature including snake the families bites, attack by wild animals, in a natural calamity, inhaling of poisonous toxins or pesticides of farmers. or by committing suicide for whatever reasons including being debt ridden and for providing protective measures as it may deem fit and necessary. (2) It shall be the duty of the appropriate Government to implement the National Policy referred to in sub-section (1). 4. The appropriate Government shall waive off the outstanding loans taken from any Loan waiver Bank, financial institutions and private moneylender by the deceased farmers in such manner of deceased farmers. as may be prescribed. 5. The Central Government shall provide such financial assistance to the bereaved Financial families of deceased farmers as may be prescribed: assistance to bereaved Provided that the financial assistance shall be in addition to the waiving of the loans families. under section 4 of this Act. 6. (1) The appropriate Government shall conduct skill development programmes for Skill the widows and children of deceased farmers to help them sustainable means of livelihood development programmes by focussing on skill augmenting workshops either for handicrafts or for the revival of the for widows area specific traditional skill based small scale industry. and children. (2) After the widows or children have acquired necessary skills under sub-section (1) the appropriate Government shall provide interest free loan of such amount as may be prescribed to the widows or children, as the case may be, as an initial investment needed for setting up of micro or small scale industry, poultry or dairy farms, for the purposes of this section. 7. It shall be the duty of the appropriate Government to provide the necessary Appropriate agricultural equipments and inputs for the initial sowing season to the bereaved families who Government opt for farming as means of livelihood. to provide agricultural equipments and inputs to bereaved families. 8. The appropriate Government shall open adequate number of schools in rural areas Education and to provide educational facilities to the children and also provide healthcare facilities to the healthcare bereaved families and bear the expenditure for marriage of grown up daughter. facilities etc. 9. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf provide requisite funds to the State Governments, from time to time, for carrying Government out the purposes of this Act. to provide funds. 10. The provisons of this Act and 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. 11. The provisions of this Act shall be in addition to and not in derogation of any other Act to law for the time being in force dealing with the subject matter of this Act. supplement other laws.400 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— 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 401 STATEMENT OF OBJECTS AND REASONS Farmer, the annadaata of the nation grow foodgrains, vegetables, fruits, milk, poultry and non-vegetarian food products for the second most populous nation of the globe. Farmer also produces raw material for various industries of the country thus plays a significant role in the progress of the nation. However he is debt ridden, poor and lives hand to mouth and remains exploited also. When he finds the debt, poverty and exploitation unbearable he takes the extreme step of ending his life by committing suicide. Lakhs of farmers have so far committed suicide in the country and unfortunately Maharashtra, Punjab, Madhya Pradesh, etc. are leading States where farmers have committed suicide in large number and this is still going on. News of farmers committing suicide comes almost on daily basis. Farmers also lose their lives due to snake bites, attack by wild animals, in natural calamities and also natural death. In most of the cases, the farmer is the sole bread winner of the family which generally consist of aged parents, spouse and children. With the death of sole bread winner the entire family becomes destitute and helpless. In addition to their miseries and sufferings at the hands of cruel destiny, these families are haunted by banks and private moneylenders for loan recoveries. Anti social elements exploit their miseries and lure their young, adolescent girls for trafficking. Land sharks also become active to grab their land. In a democratic and welfare State like ours, it is the duty of the Central and State Governments to extend protective umbrella to the bereaved distressed families of deceased farmers by providing financial assistance, waiving of loans, providing skill development, granting interest free loans for setting up of micro and small scale industries, by ensuring education of the children, healthcare facilities to the aged parents and other family members and arrange for marriage of grown up daughters. Since the State cannot bear the burden of huge financial expenditure, the Central Government must provide adequate funds to the Government of the States for carrying out the purposes of this Bill. The State Government in turn should also allocate the funds based on the degree of agrarian crisis in different parts of the State. For instance, in the State of Maharashtra, the regions of Marathwada and Vidharbha are the most affected due to large scale suicides of farmers. Therefore, the State Government must allocate more funds to these regions. Hence this Bill. NEW DELHI; NISHIKANT DUBEY October 25, 2019.402 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill provides for the loan waiver of deceased farmers. Clause 5 provides for the financial assistance to bereaved families of deceased farmers. Clause 6 provides for conducting skill development Programme and interest free loans for initial investment for setting up of small scale industries for the widows and children of deceased farmer. Clause 7 provides for agricultural equipment and inputs to the bereaved families. Clause 8 provides for opening of adequate number of schools, affordable healthcare facilities and arrangement of marriage of daughter to the bereaved families. Clause 9 makes it obligatory for the Central Government to provide requisite funds to the State Governments for carrying out the purposes of the Bill. Though it is not possible to quantify the total expenditure which is likely to be involved for implementing the provisions of this Bill, it is estimated that a sum of rupees one lakh crore will be involved as recurring expenditure per annum from the Consolidated Fund of India. A non-recurring expenditure to the tune of rupees one lakh crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 12 of the Bill empowers to the Central Government to make rules for carrying out the purposes of the Bill. The rules will relate to the matters of detail only. The delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 403 BILL NO. 279 OF 2019 A Bill to provide for a comprehensive policy for the overall development of youth in the country and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows :— 1. (1) This Act may be called the Youth (Development and Welfare) Act, 2019. 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.404 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 other cases, the Central Government; (b) "youth" means all persons aged between eighteen to thirty-five years; (c) "youth organisation" means an organisation of youth that provides for universal membership to youths without any discrimination on the basis of race, caste, religion, language, creed or sex and its constitution provides for a democratic functioning in the concerned States or Union territories, as the case may be; and (d) "prescribed" means prescribed by rules made under this Act. Formulation of 3. (1) The appropriate Government shall formulate comprehensive policy for the comprehensive development and welfare of youth, which shall inter-alia provide for:— policies for youths. (a) compulsory and free education including technical education; (b) books, stationery and uniform, free of cost; (c) free hostel facilities; (d) scholarship to meritorious students; (e) free transport facilities; (f) such pocket allowance, as may be prescribed; (g) recreation facilities free of cost; (h) free access to all libraries; (i) training in sports to every eligible youth and facilities to participate in sports activities; (j) representation of youth organisations in sports associations; and (k) such other facilities, as may be prescribed, for overall welfare of youth, who have represented the country in sports. Free nutritious 4. The appropriate Government shall provide to all youth,— meals, medical and health care (i) free nutritious meals in schools, colleges, universities, hostels and technical facilities. institutions; and (ii) free medical and health care facilities. Appointment 5. (1) The appropriate Government shall appoint in every district an Expert Committee of Expert consisting of eminent educationists, psychologists and such other members as may be Committee. prescribed. (2) The Expert Committee shall recommend to the appropriate Government the measures required to be taken to ensure imparting of higher education or vocational training to all youth in the district after class tenth, who desire to pursue higher education or undertake such training. Appropriate 6. The appropriate Government shall provide,— Government to provide (a) employment to the youth after completion of their education or vocational employment training; or or unemployment (b) unemployment allowance at such rate, as may be prescribed, till they are allowance to provided with gainful employment. youths.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 405 7. (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.406 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Even after more than seven decades of Independence, the country has yet to evolve a clear-cut policy for the overall welfare of youth of the country. The education should be the right of every youth and not a privilege of a few and employment should be guaranteed to them. The youth should be directly linked to production process. The disparities between the rural and urban youth should be eliminated gradually. The youth today is facing serious health problems, absolute inadequacy of sports and cultural facilities, etc. A considerable chunk of youth population is still reeling under poverty. A proper policy is required to be put in place for comprehensive and overall development of the youth and proper utilization of their energies. A comprehensive youth policy for all-round development is, therefore, absolutely necessary. Hence, this Bill. NEW DELHI; NISHIKANT DUBEY October 25, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 407 FINANCIAL MEMORANDUM Clause 3 of the Bill provides that appropriate Government shall provide compulsory and free education and supply materials like books, stationery and uniform free of cost and pocket allowance to all the youth. It also provides for free hostel and transport facilities and scholarships to youth. Clause 4 provides for nutritious diet free of cost to all the students in schools, colleges, universities and hostels and medical and healthcare facilities to all the youth. Clause 5 provides for appointment of an Expert Committee to recommend the type of education and vocational training that is to be imparted to the youth. Clause 6 provides for employment or unemployment allowance to the youth. The expenditure relating to State shall be borne out of the Consolidated Fund of the respective State. However, the expenditure relating to Union Territories shall be borne out of the Consolidated Fund of India from their respective consolidated fund. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees five hundred crore is likely to be incurred from the Consolidated Fund of India. A non-recurring expenditure of about rupees seven hundred crore is also likely to be incurred. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 7 of the Bill empowers the Central Government to make rules for carrying out the purpose of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.408 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 291 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title. 1. This Act may be called the Constitution (Amendment) Act, 2019. Amendment 2. In the Eighth Schedule to the Constitution,— of the Eighth (a) the existing entries from 4 to 9 shall be re-numbered as entries 5 to 10, Schedule. respectively and before entry 5 as so re-numbered, the following entry shall be inserted, namely:— “4. Bundeli.”; and (b) the existing entries from 10 to 22 shall be re-numbered as entries 12 to 24 and before entry 12 as so re-numbered, the following entry shall be inserted, namely:— “11. Kumaoni.”.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 409 STATEMENT OF OBJECTS AND REASONS It is only from a language that we come to know about the verbs and different nouns. The desires of human beings are expressed through the views by using language. Due to this very reason the language has been considered and practised in Indian culture to the maximum possible extent of human thought. This is why Indian culture has a vast reservoir of literature and language. The language 'Sanskrit' is known as the mother of all languages in the world including Indian languages. This is the reason why we have twenty-two languages in the Eighth Schedule and hundreds of other languages and thousands of dialects in India and because of these languages and dialects, India has unlimited ideological power. Like Sanskrit, these other languages do also have the power of providing guidance for upliftment and development of India which need to be protected and polished. And if some of these languages get the special constitutional protection then the work of building a new India will get expediated. Most of the regional languages of India are identified as the sub-languages of Hindi. At present, Hindi is the mother-tongue of around fifty-two crore people in which Bundeli and Kumaoni languages are included. Bundeli language has its own glorious history. With the very mention of Bundeli language emerges a picture of such culture and region that does not show its reluctance to even sacrifice one's life. The Story of 'Alha-Udal' of Bundelkhand region is world famous. Bundeli language has been in use for official purposes for more than one thousand years and as per 2001 census nearly fifty six lakh people belonging to the region of Bundelkhand use this language as their mother tongue. Bundeli language is the fulcrum of identity and contact for these people. Besides Bundeli, Kumaoni language too has its illustrious background. Kumaoni was official language of Chandel rulers of Uttarakhand and even today it continues to be local language in the region. In various States of the country, people use Kumaoni in their day to day interaction. Kumaoni literature is fairly enriched and is frequently used in regional literature as well as in conventions. Both the languages, that are historically and traditionally very rich, are being subjected to gross neglect these days. Both of these languages run the risk of losing their existence and call for protection on the part of the Government. It is both unavoidable and desirable now. On having been included in the Eighth Schedule, the usage and popularity of these languages shall spread all across. In both of these languages, rare manuscripts are scattered here and there in different regions. It is essential on the part of the Government to protect them. Further neither of these two languages has so for been in the scheme of examinations being conducted by the Union Public Service Commission. As a result students proficient in these languages cannot use them in the examination. By including these two languages in the Eighth Schedule, avenues of employment shall also be generated. Therefore, these two languages need to be included in the Eighth Schedule to the Constitution with immediate effect in order that they may receive their due recognition. Hence this Bill. NEW DELHI; KUNWAR PUSHPENDRA SINGH CHANDEL October 25, 2019.410 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 260 OF 2019 A Bill to provide for the constitution of an Infrastructure Development Board for the infrastructure development in the economically backward regions of the country particularly Bundelkhand region by way of widening of National Highways, construction of ring road, bypass, doubling of single rail track line, construction of over bridge, under bridge in straight structure on railway tracks, construction of regional air strips, construction of jetties, desilting and beautification thereof and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Special Infrastructure Development in Economically extent and Backward Regions Act, 2019. commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 411 2. In this Act, unless the context otherwise requires,— Definitions. (a) "backward region" means the Bundelkhand region and such other economically backward regions of the country as the Central Government may, from time to time, declare; (b) "Board" means Infrastructure Development Board constituted under section 3; (c) "infrastructure" includes National Highways, ring roads, bypass, railway tracks, railway stations, regional air strips, under bridges and over bridges; and (d) "prescribed" means prescribed by rules made under this Act. 3. (1) The Central Government shall, by notification in the Official Gazette, constitute Constitution a Board to be known as the Infrastructure Development Board for carrying out the purposes of Infrastructure of this Act. Development (2) The headquarter of the Board shall be at Mahoba district in the State of Uttar Board. Pradesh. (3) The Board shall consist of twenty-five members to be appointed by the Central Government in such manner as may be prescribed: Provided that at least five members of the Board shall be the Members of Parliament representing backward regions to be nominated by the Central Government in such manner as may be prescribed: Provided further that at least one member of the Board shall be each from the States of Uttar Pradesh and Madhya Pradesh who possesses minimum twenty years of experience in infrastructure development sector. (4) The Chairperson of the Board shall be appointed from amongst the members of Board by consensus. (5) The Board shall consist of such number of officers and employees to be appointed by the Central Government in such manner as may be prescribed. (6) The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson, members, officers and employees of the Board shall be such as may be prescribed. (7) The Board shall hold at least one meeting every month to review its functions and to establish co-ordination between various Ministries. 4. The Board shall, for the purposes of the development of the backward regions— Functions of the Board. (a) carry out annual survey of the infrastructure development work; (b) fix the priority of the development work to be undertaken; (c) carry out the widening of accident prone National Highways into four lane or six lane roads; (d) widening of bridges over rivers and roads, construct new rail and road bridges; (e) carry out doubling of single rail track wherever required; (f) carry out construction of rail under bridges and over bridges in straight shape; (g) carry out construction of bypass and ring roads on National Highways; (h) operate new trains; (i) construct and upgrade railway stations with world class facilities;412 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (j) desilt large ponds, provide for beautification of jetties and operate motor boats and sea planes; (k) ensure timely repair and renovation of old structures; and (l) carry out other such functions as may be assigned to it, from time to time, by the Central Government. Monitoring 5. The Central Government shall establish a Separate Centralize Management and Information System for monitoring development work in the backward regions including the assessment of records and the details of all works and the review of the progress of works being undertaken development by the Board with the use of modern techniques like space technique in such manner as may work. be prescribed. Economic 6. The Central Government shall, in consultation with the Board, provide such economic Incentives to incentives to the agency which completes the targeted works in specified time in such the Agency. manner as may be prescribed. Central 7. The Central Government shall, after due appropriation made by Parliament by law in Government this behalf, provide requisite funds to the Board for carrying out the purposes of this Act. to provide funds. Power to 8. The Central Government may give such directions to the State Government, to issue implement the provisions of this Act in their jurisdiction, as may be necessary for the purpose directions. of this Act. Power to 9. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the provisions 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 413 STATEMENT OF OBJECTS AND REASONS Bundelkhand is an economically backward region and the Central Government has been providing economic packages for its development from time to time in the absence of any proper action plan at the States level. This fund goes waste on account of corruption and unplanned spending without any development in this region. It is the responsibility of Government to take steps for the holistic development of backward regions of the country including Bundelkhand. There is lack of regional connectivity through road, rail and air route in Bundelkhand and the present system is not very convenient also. Accidents are very common on those narrow National Highways in the regions which result in loss of life and property. This can be solved by widening the double lane highways. Traffic jams can be avoided in their cities and towns by constructing ring road, bypass and also over bridges and under bridges wherever necessary. There are various such points on rivers where one needs to cover a long distance to cross the rivers to reach the side in this region. It can be solved by constructing bridges on such points of the river which would cut down the travel time. Distance by train can become less cumbersome if new trains are operated and doubling of single railway tracks is completed. More amenities can be provided to rail passengers by providing world class level facilities at existing railway stations. There are several areas in economically backward regions, in particular Bundelkhand which are naturally very scenic. Regional air facility may be augmented by establishing air connectivity which would increase the accessibility in these areas. There are many big ponds and water bodies which need repair and beautification so that tourism may be promoted in these areas. Construction of jetties around ponds and motor boats and sea planes service in these ponds may also generate more and more employment avenues. There are several areas in Bundelkhand which are economically backward and need improvement in infrastructure. Development of the backward regions is very crucial for the development of the country and Bundelkhand region has to play a special role in it. The Bill, therefore, seeks to provide for the constitution of an Infrastructure Development Board for the infrastructure development of the economically backward regions of the country including Bundelkhand including the widening of National Highways, construction of ring road, bypass, doubling of single rail track line, construction of over bridge, under bridge in straight structure on railway tracks, construction of regional air strips, construction of jetties, desilting and beautification thereof to ensure accelerated development of the Bundelkhand region. Hence this Bill. NEW DELHI; KUNWAR PUSHPENDRA SINGH CHANDEL October 25, 2019414 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of a Infrastructure Development Board. It also provides for appointment of Chairperson, members, officers and employees to the Board. Clause 5 provides for establishment of a Centralized Management Information System for monitoring and assessment of development works of the Board. Clause 6 provides for the economic incentives to the agencies which completes the targeted works in specified time. Clause 7 provides that the Central Government shall provide requisite funds to the Board for carrying out the purposes of this Act. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees five thousand crore would involve as recurring expenditure per annum from the Consolidated Fund of India. A non-recurring expenditure of rupees five hundred crore is also likely to be incurred. ————— 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, therefore, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 415 BILL NO. 320 OF 2019 A Bill to provide for establishment of a permanent Bench of the High Court at Allahabad at Mahoba. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the High Court at Allahabad (Establishment of a Permanent Short title. Bench at Mahoba) Act, 2019. 2. There shall be established a permanent Bench of the High Court at Mahoba and Establishment such Judges of the High Court at Allahabad, being not less than five in number, as the Chief of a permanent Justice of High Court may from time to time nominate, shall sit at Mahoba in order to exercise bench of High the jurisdiction and power for the time being vested in that High Court in respect of cases Court at arising in the districts of Banda, Chitrakoot, Mahoba, Hamirpur, Jalaun, Jhansi and Lalitpur. Allahabad at Mahoba.416 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Mahoba is backward area and has been historically the capital of Bundelkhand region and all the administrative and judicial functions have been going on and being disposed of in Mahoba. However, the present situation in this region, being part of State of Uttar Pradesh, which is the most populous State of India, is that as per data a huge backlog of pending cases are still there. In order to get justice, people of this region have to travel long distance from their native areas which is expensive. It results in to loss of both time and money and because of this, the process becomes more serious and annoying for the people residing in the economically backward region like Bundelkhand. As per provisions in the Constitution of India, a permanent Bench of High Court at Allahabad in the State of Uttar Pradesh may be set up in Allahabad or any such place as decided by the Chief Justice of India with the approval of the President of India. The Bill, therefore, seeks to establish a permanent Bench of High Court at Allahabad at Mahoba in the State of Uttar Pradesh. This will greatly facilitate the justice delivery process under the judicial process to the people of Bundelkhand. Hence this Bill. NEW DELHI; KUNWAR PUSHPENDRA SINGH CHANDEL October 25, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 417 BILL NO. 252 OF 2019 A Bill to provide for promotion of Sanskrit language including its compulsory teaching in schools, appointment of Sanskrit teachers, establishment of Board for Promotion of Sanskrit language and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the promotion of Sanskrit Language Act, 2019. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In 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) "Board" means the Board for Promotion of Sanskrit Language constituted under section 8; and (c) "prescribed" means prescribed by rules made under this Act.418 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Compulsory 3. From such date, as the Central Government may, by notification in the Official teaching of Gazette specify, the Sanskrit language shall be taught as a compulsory subject in all schools. Sanskrit language in schools. Appropriate 4. The appropriate Government shall, immediately after issuance of the notification Government to under section 3, issue directions for compulsory teaching of Sanskrit language in all schools issue directions from such class onwards as it may determine, within its jurisdiction. for compulsory teaching of Sanskrit language in schools. Appointment 5. Subject to such rules, as may be prescribed, the appropriate Government shall of Sanskrit ensure appointment of such number of teachers with such qualifications, as may be specified, language for teaching Sanskrit language in schools. teachers. Act to apply 6. Notwithstanding anything contained in this Act, the provisions of this Act shall to minority apply to minority institutions only if the management of such institutions convey to the educational appropriate Government their willingness to include the Sanskrit language in their school institutions in curriculum. certain situation. Derecognition 7. The appropriate Government shall derecognize a school, which does not comply of schools for with the provisions of section 4: non- Provided that such school shall be given reasonable opportunity of being heard before compliance of the provisions any decision on derecognition is taken. of the Act. Board for the 8. (1) From such date, as the Central Government may, by notification in the Official Promotion of Gazette appoint, there shall be constituted a Board for the Promotion of Sanskrit Sanskrit Language. Language. (2) The Board shall consist of a Chairperson and not more than four members to be appointed by the Central Government in such manner as may be prescribed. (3) The salary and allowances payable to, and other terms and conditions of the service of the Chairperson and other members of the Board shall be such as may be prescribed. Functions of 9. (1) The Board shall perform such functions for the promotion of Sanskrit language the Board. as it may consider necessary for the purpose. (2) Without prejudice to the generality of the foregoing provision, the Board shall— (i) monitor the progress of promotion of Sanskrit language in the country; (ii) take steps for collection and safekeeping of Sanskrit manuscripts from different parts of the country; (iii) organize workshops and fairs in different parts of the country with a view to popularize Sanskrit language especially among the youth; and (iv) encourage the translation of Sanskrit books in various Indian languages. Central 10. The Central Government shall, after due appropriation made by Parliament by law Government to in this behalf, provide adequate funds to the States for carrying out the purposes of this provide fund. Act. Overriding 11. The provisions of this Act shall have effect notwithstanding anything inconsistent effect of the therewith contained in any other law for the time being in force. Act. Power to 12. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the purposes of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 419 (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.420 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS “The Sanskrit language is of a wonderful structure, more perfect than Greek, more copious than Latin and more exquisitely refined than either. Human life would not be sufficient to make oneself acquainted with any considerable part of Hindu literature.” Tha above lines by William Jones clearly denote that Sanskrit has not been just the language of India or Indians, but a transnational language with a global footprint. It is also said to be the mother of all languages. It has been the vehicle of Indian thoughts for millions. Sanskrit contains literature of exemplary value and the finest Indian minds found the expression in it. Famous Indian Sanskrit scholars like Aryabhatta, Sushruta, Charaka, Bhaskaracharya among others have excelled in field such as maths, physiology, surgery, science, philosophy, astronomy, sociology, anthropology etc. Sanskrit literatures are source of fundamental and behavioural knowledge of different fields and have inspired many in all generations. No wonder great Indian sages like Sri Aurobindo and Swami Vivekananda viewed Sanskrit language as the most perfect medium for expressing spiritual and philosophical ideas. Sri Aurobindo, while speaking of the importance of the Sanskrit language for India, says: “It is of the utmost value to a nation, a human group-soul to preserve its language and make it a strong and living cultural instrument. A nation, race or people which loses its language cannot live its whole life or real life.” It is highly deplorable that such a language, which has a vast literature, is being neglected in its own country. Although, it is included in the Eighth Schedule to the Constitution, enough has not been done to promote it. In a situation where the new generation is running away from its own roots and has developed a contempt for the cultural traditions of our country, the importance of teaching Sanskrit becomes crucial. The time has come when we must make sincere efforts to make the new generation aware of the great traditions and thoughts of India. Accordingly, it is proposed in the Bill to make teaching of Sanskrit compulsory in schools to enable our children to identify themselves with noble traditions and thoughts of our country. The Bill also envisages creation of a Board for the promotion of Sanskrit language. The proposed Board will not only oversee the progress being made for the promotion of Sanskrit language, but will also take other pro-active measures including translation of Sanskrit epics and plays in other Indian languages and safekeeping of priceless Sanskrit manuscripts lying in various parts of the country. Hence, this Bill. NEW DELHI; RAJENDRA AGRAWAL October 25, 2019SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 421 FINANCIAL MEMORANDUM Clause 5 of the Bill provides for appointment of Sanskrit language teachers in all schools. Clause 8 provides for creation of a Board for promotion of Sanskrit language. Clause 10 provides for payment of adequate funds to the States for carrying out the purposes of the Act. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one thousand crore per annum will be involved. A non-recurring expenditure of rupees fifty crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 12 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character. —————422 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 318 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title. 1. This Act may be called the Constitution (Amendment) Act, 2019. Insertion of 2. After article 123 of the Constitution, the following article shall be inserted below the new article heading "CHAPTER IV.—THE UNION JUDICIARY", namely:— 123A. Validation. "123A. None of the articles viz. 124, 127, 128, 217, 222, 224A and 231, as amended, and new articles 124A, 124B and 124C, as inserted, by the Constitution (Ninety-Ninth Amendment) Act, 2014 shall be deemed to be void, or ever to have become void, on the ground that the said articles are inconsistent with, or takes away, the independence of judiciary, and, notwithstanding any judgment, decree or order of any court, each of the said article shall, subject to power of Parliament to omit or amend them, continue in force and shall be deemed always to be in force from the 13th day of April, 2015.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 423 STATEMENT OF OBJECTS AND REASONS The Constitution of India contains provisions for the appointment of Judges of the Supreme Courth and High Courts including the transfer of Judges from one High Court to another High Court. The Supreme Court in the matter of the Supreme Court Advocates-on- Record Assosication Vs. Union of India in the year 1993, and in its Advisory Opinion in 1998 in the Third Judges case, had interpreted clause (2) of article 124 and clause (1) of article 217 of the Constitution with respect to the meaning of "consultation" as "concurrence". The National Judicial Appointments Commission Bill, 2019 provides for the time frame to initiate the process of filling up of vacancies in the Supreme Court and High Courts and the procedure for selection of Chief Justice of India, Chief Justices of High Courts and Judges of the Supreme Court and High Courts. It further provides that if two members of National Judicial Appointments Commission do not agree, then the Commission shall not make such recommendation. It also provides that the President may, if necessary, require the Commission to reconsider the recommendation. However, if the Commission makes unanimous recommendations on such reconsideration, then the President shall make the appointment accordingly. The Bill, therefore, seeks to insert a new article 123A to the Constitution with a view to validate the Constitution (Ninty-ninth Amendment) Act, 2014 thereby providing for National Judicial Appointments Commission for the appointment of Judges in the Supreme Court and High Courts, enables participation of judiciary, executive and eminent persons and ensures greater transparency, accountability and objectivity in the appointment of the Judges in the Supreme Court and High Courts. Hence, this Bill. NEW DELHI; RAJENDRA AGRAWAL October 25, 2019.424 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 350 OF 2019 A Bill to provide for the constitution of a National Pilgrimage Fund for the benefits of pilgrims in the country and for all matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the National Pilgrimage Fund Act, 2019. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 425 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) "Authority" means National Pilgrimage Fund Authority established under section 9; (c) "Fund" means National Pilgrimage Fund constituted under section 3; (d) "pilgrim" means a person who undertake journeys to some sacred places as an act of religious devotion; and (e) "prescribed" means prescribed by rules made under this Act. 3. (1) The Central Government shall, by notification in the Official Gazette constitute a Constitution Fund to be known as the National Pilgrimage Fund to harness the deposits from individuals of National Pilgrimage towards meeting their religious goals and provide such benefits to those individuals as Fund. deemed necessary. (2) The Fund shall be credited,— (a) the deposits from the devotees in their pilgrim account as mentioned under section 6; (b) contributions from the Central Government and State Governments; and (c) such other sums as may be received by way of donation, constitution or assistance or otherwise. 4. The contribution to the Fund constituted under section 3 shall be open to devotees Contribution across all religions who are Indian citizens and who intend to invest periodically in their to fund open to subscribers pilgrim account as mentioned under section 6 to meet their needs at the time of undertaking of all pilgrimages. religions. 5. The Fund constituted under section 3 shall be in the form of time deposits intended Nature of to provide individual multiple options to save money in recurring and fixed deposits in the Deposits. pilgrim accounts as mentioned under section 6 with multiple exit options from one to twenty years having such rate of interests as may be decided by the Authority. 6. Every deposit under the Fund constituted under section 3 shall be made under Pilgrim pilgrim accounts to be opened at all Public and Private Commercial Banks, Foreign Banks, Accounts. Urban and Rural Cooperative Banks, Small Finance Banks and such Non-Banking Financial Institutions (Deposit Taking) as may decided upon by the Authority. 7. Every pilgrim who invests in the Fund shall be provided the following incentives:— Incentives. (a) complete package options for various pilgrimages in India such as Char Dham Yatras and Jyotirlingas; (b) discounts in travel tickets, accommodation and lodging facilities; (c) health insurance of pilgrims going to difficult religious places like Amarnath Yatra and Vaishno Devi; and (d) such other incentive as deemed necessary by the Authority. 8. Subject to the provisions of this Act, any pilgrim may withdraw all his savings under Exit Load. the pilgrimage account before maturity period, but with an exit load as may be decided opon by the Authority. 9. (1) The Central Government shall establish an Authority to be known as the National Establishment Pilgrimage Fund Authority for the purpose of management, regulation and oversight of the of National Pilgrimage Fund constituted under section 3. Fund Authority.426 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The Authority shall consist of,— (a) Secretary, Union Minister of Tourism, Chairperson, ex-officio; (b) two Joint-Secretaries to the Central Government to be nominated by the Central Government, members ex-officio; and (c) five other members two of whom shall be women having experience of not less than fifteen years in tourism sector to be appointed by the Central Government in such manner as may be prescribed. (3) The Central Government shall appoint such number of officers and staff as it considers necessary for the functioning of the Authority. (4) The salary and allowances payable to and terms and conditions of services of the members, officers and staff of the Authority shall be such as may be prescribed. Functions of 10. The Authority shall,— National (a) ensure that deposits are collected from pilgrims in an accessible manner; Pilgrimage Fund (b) ensure sound investment of deposits into the Fund; Authority. (c) ensure regular pay-out to the pilgrims at maturity period; (d) uphold the interests of the pilgrims at all times; (e) formulate various schemes under the Fund to allow pilgrims to choose options suitable to them; and (f) perform all such functions related to management of Fund as may be prescribed. Usage of Fund 11. Notwithstanding anything contained in section 10, the Authority may, with the for public approval of the Central Government, invest such amount from the Fund across all designated Infrastructure. schemes in creating public infrastructure in such manner as may be prescribed to meet the national goals for development. Accountability 12. The Authority shall develop accountability mechanisms for the proper utilisation Mechanisms. of the fund inter alia including: (a) re-insurance of all deposits under the Fund at the Deposit Insurance and Credit Guarantee Corporation of India (DICGCI); (b) auditing and furnishing of annual returns of the Funds; and (c) comply with all such accountability norms as may be prescribed. Central 13. The Central Government, from time to time, after due appropriation made by Government to Parliament by law in this behalf, provide requisite funds for carrying out the purposes of provide funds. this Act. Power to 14. If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may make such order or give such direction, not inconsistent with the provisions difficulties. of this Act as may appears to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after expiry of three years from the date of commencement of this Act. Overriding 15. The provisions of this Act and of any rules and orders made thereunder shall have effect. effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Power to 16. (1) The Central Government may, by notification in Official Gazette make rules for make rules. 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 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 ofSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 427 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 modificaton or annulment shall be without prejudice to the validity of anything previously done under that rule.428 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India has been home to almost all the religions of the world. Its rich culture and vibrant diverse population has made pilgrimages a destined once-in-a-lifetime opportunity aspired to be undertaken by all. However, huge expenditure involved in undertaking religious obligation makes it difficult for them to pursue their pilgrimage options. According to the statistics of National Sample Survey Organisation, religious travel is estimated at almost four times the share of business-related travel, and over seven and a half times the share of education-related travel. Individuals save over their lifetimes to be able to undertake religious pilgrimages. Yet, they are constrained by lack of accessible, safe and sustainable savings products targeted towards helping them save for undertaking such obligations. On a macro-economic level, such savings represents a pool untapped funds that can be duly tapped to create public assets. Similar Funds have been established in countries such as Malaysia that have reaped substantial benefits. Therefore, it is desirable to nudge individuals towards a sustainable method for actively building a corpus for undertaking pilgrimages. The need is to promote tourism, prevent excessive out-of pocket expenditure while undertakings pilgrimages and provide easily operational liquidity to all such tourists. The Bill, therefore, seeks, to establish a National Pilgrimage Fund where subscribers from all religions can save money in different schematic deposits and withdraw them as and when required with interest as well as incentives on their travel. It also provide for establishment of a National Pilgrimage Fund Authority that looks after the administration of the fund and ensures suitable accountability mechanisms to protect the interest of subscribers. Hence this Bill. NEW DELHI; RAJENDRA AGRAWAL October 25, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 429 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of a National Pilgrimage Fund to meet the financial requirement of persons going on pilgrimage. Clause 7 provides for incentives to the pilgrims to complete package options for various pilgrimages in India such as Char Dham Yatras and Jyotirlingas and discounts in travel tickets, accommodation and lodging facilities, etc. Clause 9 provides for establishement of a National Pilgrimage Authority to manage, regulate and oversight the Fund. It also provides for appointment of experts from tourism sector as members, officers and staff to the Authority. Clause 14 makes it obligatory for the Central Government to provide requisite funds for carrying out the purposes of the Bill. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees hundred crore may involve as recurring expenditure per annum. A non-recurring expenditure of about rupees fifty crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 16 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. Rules will relate to matters of detail only, the delegation of legislative power is of a normal character. —————430 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 46 OF 2021 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Constitution (Amendment) Act, 2021. commence- ment (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Substitution of 2. For article 129 of the Constitution, the following article shall be substituted, namely:— new article for article 129. "129.(1) The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 431 (2) The power to punish for contempt referred to in clause (1) shall be subject to law made by Parliament in this behalf, including:— (a) the definition of what constitutes contempt; (b) the different classes of contempt; (c) the nature and maximum extent of punishment that may be imposed on a person found guilty of contempt; (d) the period of limitation within which a proceeding for contempt may be initiated for contempt that is not in the nature of a continuing contempt; and (e) the modes of purging contempt by a person found guilty of contempt. (3) No proceeding for criminal contempt of the Supreme Court shall be initiated for expression of any subjective opinion as to a judgment, judge or the Court. (4) No proceeding for criminal contempt of the Supreme Court shall be initiated without formal and specific articles of charge personally served upon the person accused. (5) Any person accused of criminal contempt of the Supreme Court shall be entitled to all rights conferred by or recognised in Part III of this Constitution and the rights recognised as basic due process guarantees of a criminal trial, including :— (a) the right of presumption of innocence and the right not be punished except when proved beyond reasonable doubt to be guilty of such contempt; (b) the right to be represented by counsel of his choice; (c) the right against being compelled to testify against himself; (d) the right of such person, if found guilty, to file an appeal within thirty days to a larger bench of the same Court. (6) No person accused of contempt of the Supreme Court shall be detained or taken into custody in connection with such accusation or proceeding unless he has been found guilty and a punishment of imprisonment has been imposed on him: Provided that the court that imposes a sentence on a person found guilty of criminal contempt may suspend the same to enable such person to file an appeal if he so desires. (7) The Supreme Court may appoint one or more advocates or senior advocates as prosecutors to conduct the trial of the person accused of criminal contempt of the Supreme Court. (8) The Supreme Court may direct an examination or cross-examination of any judge of the Supreme Court on an application made by a person accused of criminal contempt. (9) Nothing contained in clauses (4), (5), (6), (7) and (8) shall limit the powers of the Supreme Court to punish summarily for contempt when such contempt is in the face of such court. (10) Subject to clauses (4), (5), (6), (7), (8) and (9), Supreme Court may make Rules of Procedure regulating the exercise of the power to punish for contempt of itself.". 3. In article 142 of the Constitution, in clause (2), for the words, "subject to the provisions Amendment of of any law made in this behalf by Parliament," the words "Subject to the provisions of article article 142. 129 and law made in this behalf by Parliament," shall be substituted.432 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Substitution of 4. For article 215 of the Constitution, the following article shall be substituted, namely:— new article for article 215. "215. (1) Every High Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself. (2) The power to punish for contempt referred to in clause (1) shall be subject to law made by Parliament in this behalf, including:— (a) the definition of what constitutes contempt; (b) the different classes of contempt; (c) the nature and maximum extent of punishment that may be imposed on a person found guilty of contempt; (d) the period of limitation within which a proceeding for contempt may be initiated for contempt that is not in the nature of a continuing contempt; and (e) the modes of purging contempt by a person found guilty of contempt. (3) No proceeding for criminal contempt of the High Court shall be initiated for expression of any subjective opinion as to a judgment, judge or the Court. (4) No proceeding for criminal contempt of the High Court shall be initiated without formal and specific articles of charge personally served upon the person accused. (5) Any person accused of criminal contempt of the High Court shall be entitled to all rights conferred by or recognised in Part III of this Constitution and the rights recognised as basic due process guarantees of a criminal trial, including :— (a) the right of presumption of innocence and the right not be punished except when proved beyond reasonable doubt to be guilty of such contempt; (b) the right to be represented by counsel of his choice; (c) the right against being compelled to testify against himself; (d) the right of such person, if found guilty, to file an Appeal to the Supreme Court. (6) No person accused of contempt of the High Court shall be detained or taken into custody in connection with such accusation or proceeding unless he has been found guilty and a punishment of imprisonment has been imposed on him: Provided that the court that imposes a sentence on a person found guilty of criminal contempt may suspend the same to enable such person to file an appeal if he so desires. (7) The High Court may appoint one or more advocates or senior advocates as prosecutors to conduct the trial of the person accused of criminal contempt of such court. (8) The High Court may direct an examination or cross-examination of any judge of that court on an application made by a person accused of criminal contempt. (9) Nothing contained in clauses (4), (5), (6), (7) and (8) shall limit the powers of the High Court to punish summarily for contempt when such contempt is in the face of such court.". (10) Subject to clauses (4), (5), (6), (7), (8) and (9), each High Court may make Rules of Procedure to regulate the exercise of the power to punish for contempt of itself.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 433 STATEMENT OF OBJECTS AND REASONS Some of the judgments of the hon'ble Supreme Court in respect of the higher judiciary's powers to punish for criminal contempt appear to indicate that the said powers are untrammeled and are not in any way limited by the provisions of the Contempt of Courts Act, 1971. Such a reading appears to be based on the present, open-ended wording of articles 129 and 215 of the Constitution. The founding texts such as the Constituent Assembly Debates also do not appear to have dealt with the issue in detail. An organ of the State having untrammeled, unlimited power in respect of any matter is an incongruity in a modern constitutional democracy that respects the fundamental and human rights of all persons. Public criticism of all institutions including the courts is crucial in a democracy constituted by "We the People". Allowing the courts to exercise unlimited power to punish for contempt, even assuming that the courts will only use such power sparingly, causes a chilling effect on free expression. The power to punish for contempt of court is not only desirable but also necessary for administration of justice. However, the provisions of criminal contempt, particularly of the form that is not committed in the face of the court are a colonial vestige and several modern democracies have done away with "scandalising the court" as constituting criminal con- tempt - for it is no longer seen as a reasonable restriction on the right to free expression. The Contempt of Courts Act, 1971 and the 2006 Amendment thereto attempted to make progress in moderating contempt powers and rationalizing it with citizens' right to free ex- pression. Section 13 (a) that provides that no action that does not substantially interfere or tends to interfere with the due course of justice may be punishable for contempt. Section 13(b) recognises truth as a valid defence in contempt proceedings. However, the open- ended interpretation of Articles 129 and 215 that the judicial pronouncements have given necessitates a constitutional amendment to ensure that these legislatively recognised safe- guards are effectively realised. The Bill, therefore, seeks to amend the Constitution with a view to bring the powers of the Supreme Court and each High Court to punish for contempt of itself to be circumscribed by certain basic guarantees and further circumscribed by law made by Parliament such as the Contempt of Courts Act, 1971 and the amendments thereto. Hence this Bill. NEW DELHI; D. RAVIKUMAR February 8, 2021434 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 108 OF 2021 A Bill further to amend the Representation of the People Act, 1951. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Representation of the People (Amendment) Act, 2021. commence- ment (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment 2. In section 62 of the Representation of the People Act, 1951, in sub- section (5),— 43 of 1951. of section 62. (a) the words, "or is in the lawful custody of the police" shall be omitted; and (b) for the first proviso, the following proviso shall be substituted, namely: "Provided that nothing in this sub-section shall apply to a person con- victed of an offence punishable with imprisonment for a term not more than two years or subjected to preventive detention under any law for the time being in force.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 435 STATEMENT OF OBJECTS AND REASONS In our country a person who is an under-trial has been deprived of right to vote. However, a person who has committed a grave offence and is on parole or on bail has right to vote. Section 62 of the Representation of Peoples Act, 1951 deprives convicts and under trials of their Right to vote. The march of time and the development of the law on human rights makes this deprivation arbitrary and unnecessary. The right to vote is an expression of political will, although expressly recognised only under the Representation of Peoples Act, 1951, and it is also a constitutional right under article 326, available to all citizens. Several modern democracies have extended the right to vote to prisoners of varying categories. In a country like ours where a substantial number of people confined in prisons are under-trials, the deprivation of the right to vote aggravates the harms that they already suffer. It is, therefore, propose to extend the right to vote to all prisoners - except those confined in prison pursuant to a conviction for a term of more than two years. The Bill, therefore, seeks to amend the Representation of the People Act, 1951 with a view to confer voting rights to every under trial who is under custody of the police and person convicted of an offence punishable with imprisonment for a term not more than two years. Hence this Bill. NEW DELHI; D. RAVIKUMAR July 7, 2021436 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 106 OF 2021 A Bill further to amend the Indian Evidence Act, 1872. Be it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Indian Evidence (Amendment) Act, 2021. commence- ment (2)It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. Insertion of 2. After section 114A of the Indian Evidence Act, 1872 the following section shall be new section inserted, namely:— 114AA. Presumption "114AA. (1) In a prosecution for an offence constituted by, or in any proceedings as to custodial arising out of in connection with, an act alleged to have caused injury to a person, if there violence. is evidence that the injury was caused during a period when that person was in the custody of any police officer or police officers, the court shall presume that the injury was caused by such officer or officers having custody of that person during that period. (2)The court, in considering whether or not such presumption under sub-section (1) is rebutted, shall have regard to all the relevant circumstances,5 including, in particular, (a) the period of custody; (b) any statement made by the injured or the victim as to how the injuries were received, being a statement admissible in evidence; (c) the evidence of any medical practitioner who might have examined the injured or the victim as the case may be; and (d) evidence of any magistrate who might have recorded the victim's statement or attempted to record it. Explanation—For the purpose of this section, the term 'custody' includes custody lawfully obtained and otherwise.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 437 STATEMENT OF OBJECTS AND REASONS Despite thirty six years of the recommendation of the 113th Report of the Law Commission on the Injuries in Police Custody, no effort has been made to implement the recommendations that would help deter and prevent custodial violence. As a result, incidents of custodial violence have increased and a culture of impunity has only been reinforced by the continuation of the status quo. The people who are victims of custodial violence are often the poor and those who are dalit, adivasi or religious minorities. This Bill attempts to carry out the recommendations of the Law Commission with a few notable changes. Firstly, the proposed amendment to Evidence Act, 1872 for the presumption of custodial violence applied only to criminal proceedings. It is proposed herein that such a presumption also applies to civil proceedings in case victims or their families desire to bring tort claims against the State or against its officials. Secondly, the Law Commission recommended that the term custody required no explanation. However, it is felt that in order for predictability of judicial outcomes, it is necessary that the explanation is added to include custody obtained through unlawful means (or means that are declared unlawful post-facto). Lastly, the Law Commission in its report recommended that the presumption shall be at the discretion of the Court. That has been changed to a mandatory presumption, but rebuttable by other evidence. This change is again for the consistency and predictability of judicial outcomes. Hence this Bill. NEW DELHI; D. RAVIKUMAR July 5, 2021.438 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 71 OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Constitution (Amendment) Act, 2020. commence- (2) It shall come into force on such date as the Central Government may, by notification ment. in the Official Gazette, appoint. Amendment 2. In article 124 of the Constitution, in clause (2), after the existing proviso, the following of article 124. proviso shall be added, namely:— ‘‘Provided further that the President shall ensure fair representation of backward classes, minorities, women and different regions in making appointment of Judges other than the Chief Justice of India.’’.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 439 3. In article 145 of the Constitution, in clause (1),— Amendment of article 145. (a) in sub-clause (c), for the word "conferred", the word "guaranteed" shall be substituted; and (b) after sub-clause (i), the following sub-clauses shall be inserted, namely:— ‘‘(ia) rules as to the rights of litigants; (ib) rules as to the extraordinary relief or payment of compensation for inordinate delays of the court,’’. 4. In article 217 of the Constitution, in clause (1), before the existing proviso, the Amendment following proviso shall be inserted, namely:— of article 217. ‘‘Provided that the President shall ensure fair representation of backward classes, minorities, women and different regions in making appointment of Judge of a High Court other than the Chief Justice of a High Court:’’.440 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Having ratified THE CHARTER OF THE UNITED NATIONS, and the ratification of International Bill of Human Rights viz. Universal Declaration of Human Rights, 1948; International Covenant on Civil and Political Rights, 1966; International Covenant on Economic, Social and Cultural Rights, 1966; and other treaties like International Convention on the Elimination of All Forms of Racial Discrimination, 1965; Convention on the Elimination of All Forms of Discrimination Against Women, 1979; Convention on The Rights of the Child, 1989 [and optional protocol 25 May, 2000 thereunder]; Convention on the Rights of Persons with Disabilities, 2006. Also ILO Convention No. 107 concerning Indigenous Tribal Populations Convention, 1957 and other Conventions No. 29, 100, 105, 111, 138, 182 as ratified by Indian State, it has become necessary in view of the principles of Jus Cogens, Jus Strictum and Pacta Sunt Servanda of international law and scope of Article 51(c), 263 and entries 12 and 13 of Union List of Seventh Schedule to make the provisions of human rights and fundamental freedoms an inalienable part of our Constitution. This Bill seeks to amend articles 124, 145 and 217 of the Constitution with a view to— (a) providing for representation of backward classes, minorities and women etc. in appointment of Judges of Supreme Court; (b) imposing an obligation on the Supreme Court to make rules as to the rights of litigants and extraordinary relief or payment of compensation for inordinate delays of the Court; and (c) providing for representation of backward classes, minorities and women etc. in appointment of Judges of High Court. Hence this Bill. NEW DELHI; THOL. THIRUMAAVALAVAN February 11, 2020.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 441 BILL NO. 73 OF 2020 A Bill further to amend the fifth Schedule to the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Fifth Schedule to the Constitution (Amendment) Short title and Act, 2020. commence- ment. (2) It shall come into force on such date as the Central Government may, by a notification in the Official Gazette, appoint. 2. In the Fifth Schedule to the Constitution,— Amendment of the Fifth (a) for the heading "Provisions as to the Administration and Control of Schedule. Scheduled Areas and Scheduled Tribes, the heading "Provisions as to the Indigenous Rights and Governance of Scheduled Areas and Scheduled Tribes" shall be substituted; (b) in paragraph 3, for the words "administration" at both the places, the word "governance" shall be substituted;442 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) after paragraph 3, for the heading "Administration and Control of Scheduled Areas and Scheduled Tribes", the heading "Governance and Indigenous Rights of Scheduled Areas and Scheduled Tribes" shall be substituted; (d) in paragraph 4,— (i) before the existing proviso, the following provisos shall be inserted, namely:— "Provided that the Chairperson of the Tribes Advisory Council shall be a person belonging to the Scheduled Tribe: Provided further that at least two members having expertise in tribal or indigenous affairs shall be nominated by the Governor to the Tribes Advisory Council."; (ii) for sub-paragraph (2), the following sub-paragraph shall be substituted, namely:— "(2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the human rights, indigenous rights, welfare, development and advancement of the Scheduled Tribes in the State, either on annual basis or as and when required, as may be referred to them by the Governor."; (iii) in sub-paragraph (3), for the words" Governor may", the words "Gov- ernor may, in consultation with the Tribes Advisory Council," be substituted; and (e) in paragraph 5,— (i) in sub-paragraph (1) for the words "Governor may", the words, "Governor may, in consultation with the Tribes Advisory Council," shall be substituted; and (ii) in sub-paragraph (2), after the words "make regulations", the words "for the human rights and indigenous rights of the Scheduled Areas and Scheduled Tribes and" shall be inserted. (f) after paragraph 5, the following paragraph shall be inserted, namely:— Rights of "5A. (1) Notwithstanding anything in the Constitution, the Scheduled Tribes shall be indigenous guaranteed the following indigenous rights in the Scheduled Areas:— people. (a) right to identity, self-identification and culture; (b) right to own, use, develop and control their lands, territories and resources including participatory rights in the management of the lands, territories and resources; (c) right to share royalty of the minerals of sub-surface resources in form of equity, lifelong annuity payments, share of earnings from alternative uses of land, employment and management of the company, establishment or undertaking granted permission by the State on the free and informed consent of gram sabha; (d) right to the surface resources of their lands; (e) right of community resources of minor and major forest produce, water bodies, maritime resources and grazing lands and their use; (f) right to decide their own priorities for the purpose of development and partici- pate in the formulation, implementation and evaluation of plans, policies, programmes and projects; (g) right to receive reparations, restitution, compensation and satisfaction from the State and juristic person, company, establishment and undertaking in terms ofSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 443 discriminatory, unfair and illegal acquisition or takings of the lands, territories and resources in the past and present; (h) right to protection from removal from their lands and territories; (i) right to resettlement and rehabilitation with adequate compensation, employment and means of livelihood; (j) right to traditional means of livelihood and special protection regarding employment; (k) right to protection of religious, social, institutional, cultural and educational rights; (l) right to protection of customary laws and inheritance rights; (m) right to traditional community institutions; (n) right to protection of habitat, ecology and environment; (o) right to regulate the institutions and functionaries in all social sectors both of the Tribals and non-Tribals; (p) right to repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with Scheduled Tribes; (q) right to petition the State and all public authorities and obtain redressal within a reasonable time; and (r) such other rights as the Parliament may guarantee progressively by law. (2)The State shall through law and regulation provide effective mechanisms and take effective measures for guaranteeing the recognition, protection and realization of rights under sub-paragraph (1)."; (g) in paragraph 6, after sub-paragraph (2), the following provisos shall be inserted, namely:— "Provided that the President shall obtain the recommendations of the Tribes Advisory Council, the National Human Rights Commission and the National Commission for Scheduled Tribes before making any order under sub-paragraph (2) of this paragraph: Provided further that the Tribes Advisory Council, the National Human Rights Commission, the National Commission for Scheduled Tribes, and the President shall consider the following criterions before declaring an area as a Scheduled Area:— (i) area inhabitated by preponderance of Scheduled Tribes; (ii) the ancestral domain of the lands, territory and culture; (iii) the compactness and reasonable size of the area; (iv) the geographical and cultural spread; (v) the social and economic disparity; and (vi) any other existing criterions complementary to the above; (h) in paragraph 7, after sub-paragraph (1), the following proviso shall be inserted, namely:— "Provided that the Parliamentary Standing Committee on Home Affairs and Committee on Welfare of Scheduled Castes and Scheduled Tribes shall be consulted before any amendment of this Schedule.".444 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Having ratified THE CHARTER OF THE UNITED NATIONS, and the ratification of International Bill of Human Rights viz. Universal Declaration of Human Rights, 1948; Interna- tional Covenant on Civil and Political Rights, 1966; International Covenant on Economic, Social and Cultural Rights, 1966; and other treaties like International Convention on the Elimination of All Forms of Racial Discrimination, 1965; Convention on the Elimination of All Forms of Discrimination Against Women, 1979; Convention on The Rights of the Child, 1989 [and optional protocol 25 May, 2000 thereunder]; Convention on the Rights of Persons with Disabilities, 2006. Also ILO Convention No. 107 concerning Indigenous Tribal Populations Convention, 1957 and other Conventions Nos. 29, 100, 105, 111, 138, 182 as ratified by Indian State, it has become necessary in view of the principles of Jus Cogens, Jus Strictum and Pacta Sunt Servanda of international law and scope of Article 51(c), 263 and entries 12 and 13 of Union List of the Seventh Schedule to make the provisions of human rights and fundamental freedoms an inalienable part of our Constitution. This Bill seeks to amend the Fifth Schedule to the Constitution with a view to expand the scope and nature of fundamental human rights by including indigenous rights of the Scheduled Tribes to realize the obligation of the treaties ratified by India:— (a) providing for appointment of person belonging to the Scheduled Tribes as the Chairperson of the Tribes Advisory Council; (b) imposing an obligation on the Tribes Advisory Council to advise the States annually and the Governor as and when required on matters pertaining to the human rights, indigenous rights, welfare, development and advancement of the Scheduled Tribes; (c) providing for the Governor to consult the Tribes Advisory Council while making his Report to the President regarding the administration of Scheduled Areas; (d) providing for the Governor to make regulations for the human rights and indig- enous rights in addition to peace and good government of a Scheduled Area; (e) guaranteeing the Scheduled Tribes certain indigenous rights in Scheduled Areas. Hence this Bill. NEW DELHI; THOL. THIRUMAAVALAVAN February 10, 2020.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 445 BILL NO. 89 OF 2021 A Bill further to amend the Constitution of India. Be it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2021. Short title. 2. In article 55 of the Constitution, in clause (3), in the proviso to the Explanation.— Amendment of article 55. (a) for the figure "2026", the figure "2030" shall be substituted; and (b) for the figure "1971", the figure "2011" shall be substituted. 3. In article 80 of the Constitution, in clause (1),— Amendment of article 80. (a) in sub-clause (a), for the words "twelve members", the words "twenty- five members" shall be substituted; and446 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) in sub-clause (b), for the words "two hundred and thirty-eight representa- tives", the words "six hundred and fifty representatives" shall be substituted. Substitution of 4. For articles 81 and 82 of the Constitution, the following articles shall be substituted, new article for namely:— article 81. Composition "81. (1) Subject to the provisions of article 331, the House of the People shall of the House consist of — of the People. (a) not more than seven hundred and fifty-two members (comprising one national list) nominated by political parties on the basis of election held in accordance with system of proportional representation by means of a single transferable vote and voting at such election shall be by secret ballot; (b) not more than seven hundred and sixteen members chosen by direct election from two member territorial constituencies in the States; and (c) not more than thirty-two members to represent the Union territories, chosen in such manner as Parliament may by law provide. (2) For the purposes of forming one national list under sub-clause (a) of clause (1), only those political parties which are registered under the Representation of the People Act, 1951 shall be given representation in the House of the People. 43 of 1951. (3) The eligible voters in every State and Union territory shall mark their prefer- ences of political parties at the general election. (4) The political parties securing less than 0.15 per cent of the total valid votes shall not be eligible for any representation in the House of the People under the national list. (5) The second preference votes marked by electors in the ballot paper having first preference to a political party which has failed to secure 0.15 per cent of total valid votes in a State, shall be transferred to the respective political parties securing more than 0.15 per cent votes. (6) The total number of seats allotted under sub-clause (a) of clause (1) to a State shall be divided amongst political parties according to the proportion of votes secured by each political party. (7) On the basis of seats allotted to a political party under clause (6), the political party shall nominate its candidate for forming a national list to represent in the House of the People. (8) For the purpose of direct election under sub-clause (b) of clause (1), every eligible voter shall mark his preference to elect two members from a constituency in such manner as Parliament may by law determine. (9) Notwithstanding anything in this Constitution, one-third of the total number of seats under sub-clauses (a), (b) and (c) of clause (1) shall be reserved for women: Provided that of the total seats reserved for women, one-third shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes. (10) The provision of reservation under clause (9) shall cease to have effect after the year 2037. (11) For the purposes of sub-clauses (a) and (b) of clause (1),— (a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the popula- tion of the State is, so far as practicable, the same for all States; andSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 447 (b) each State shall be divided into two member territorial constituencies for choosing representatives through direct election, in such manner that the ratio between the population of each constituency and number of seats allotted to it is, so far as practicable, be the same throughout the State: Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions. (12) In this article, the expression "population" means the population as ascer- tained at the last preceding census of which the relevant figures have been published: Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2030 have been published, be construed for the purpose of sub-clauses (a) and (b) of clause (11) and the proviso to that clause, as a reference to the 2011 census. 82. Upon the completion of each census, the allocation of seats in the House of Readjustment after each the People to the States and the division of each State into two-member territorial census. constituencies for choosing representatives through direct election shall be read- justed by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the House of the People until the dissolution of the then existing House: Provided further that such readjustment shall take effect from such date as President may, by order, specify and until such readjustment takes effect, any election to the House may be held on the basis of division into two-member territorial constitu- encies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 2030 have been published, it shall not be necessary to readjust— (i) the allocation of seats in the House of the People to the States as readjusted on the basis of the 2011 census; and (ii) the division of each State into two-member territorial constituencies as readjusted on the basis of 2011 census. under this article.". 82A. (1) With a view to give effect to the provisions of articles 81, 82 and 170, Provision of the Parliament may, by law, provide for amendments of the relevant election laws and amendments in relevant creation of an authority (Delimitation Commission) for readjusting territorial constitu- election laws. encies. (2) Any law enacted by Parliament under clause (1) shall ensure the following:— (i) the mechanism for delimitation of parliamentary constituencies and assembly constituencies; (ii) the procedure to present a civil petition to the delimitation commission on matters connected with delimitation, appeal against the order of the Commis- sion to the High Court and disposal of appeal within stipulated time by the High Court; (iii) method of transfer of second preference votes to other respective political parties; (iv) method and procedure defining the system of proportional represen- tation by means of a single transferable vote; (v) basis of preparing national list and state list for proportional represen- tation;448 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (vi) reservation of constituencies for the Scheduled Castes and the Sched- uled Tribes in proportion to their population as per latest census; (vii) method of marking preference of political parties in accordance with the system of proportional system by means of a single transferable vote and of candidates in direct election by eligible voters; and (vii) any other matter arising out of the implementation of the aforesaid provisions. Substitution of 5. For article 170 of the Constitution, the following article shall be substituted, namely:— new article for article 170. Composition "170. (1) Subject to the provisions of article 333, the Legislative Assembly of of the each State shall consist of not more than nine hundred and not less than sixty mem- Legislative bers, chosen by— Assemblies. (a) election held in accordance with system of proportional representation by means of a single transferable vote and voting at such election shall be by secret ballot; and (b) direct election from two-member territorial constituencies in the State, in such manner as Parliament may by law provide. (2) The number of members (comprising one state list) nominated by political parties on the basis of election held according to sub-clause (a) of clause (1) shall be such as Parliament may by law determine. (3) The number of members chosen according to sub-clause (b) of clause (1) shall be such as Parliament may by law determine. (4) The eligible voters in a State or Union territory, as the case may be, shall mark their preferences of political parties at the election held to constitute a new Legislative Assembly for that State or Union territory. (5) The political parties securing less than five per cent. of the total valid votes shall not be eligible for any representation in the Legislative Assembly. (6) The second preference votes marked by electors on the ballot papers having first preference to a political party, which has not secured five per cent. of total valid votes in a State, shall be transferred to the respective political parties securing more than five per cent. votes. (7) The total number of seats allotted under sub-clause (a) of clause (1) to a State shall be divided amongst political parties according to the proportion of votes secured by each political party. (8) On the basis of seats allotted to a political party under clause (7), the political party shall nominate its candidate for forming a state list to represent in the Legislative Assembly. (9) For the purpose of direct election under sub-clause (b) of clause (1), every eligible voter shall mark his preference to elect two members from a constituency in such manner as Parliament may by law determine. (10) Notwithstanding anything in this Constitution, one-third of the total number of seats under sub-clauses (a) and (b) of clause (1) shall be reserved for women: Provided that of the total seats reserved for women, one-third shall be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 449 (11) The provision of reservation under clause (10) shall cease to have effect after the year 2037. (12) For the purpose of election under sub-clause (b) of clause (1), each State shall be divided into two-member territorial constituencies for choosing representa- tives through direct election, in such manner that the ratio between the population of each constituency and number of seats allotted to it is, so far as practicable, be the same throughout the State: Explanation.—In this clause, the expression "population" means the popula- tion as ascertained at the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2030 have been published, be construed as a reference to the 2011 census. (13) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial con- stituencies shall be readjusted by such authority and in such manner as Parliament may by law determine: Provided that such readjustment shall not affect representation in the Legisla- tive Assembly until the dissolution of the then existing Assembly: Provided further that such readjustment shall take effect from such date as the President may, by order, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment: Provided also that until the relevant figures for the first census taken after the year 2030 have been published, it shall not be necessary to readjust— (i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 2011 census; and (ii) the division of such State into territorial constituencies as may be readjusted on the basis of the 2011 census, under this clause. 6. In article 330 of the Constitution, in clause (3), in the proviso to the Explanation,— Amendment of article 330. (a) for the figure "2026", the figure "2030" shall be substituted; and (b) for the figure, "2001", the figure "2011" shall be substituted. 7. In article 331 of the Constitution, for the words "two members" the words "five Amendment of members" shall be substituted. article 331. 8. In article 332 of the Constitution:— (a) in clause (3A), for the figure "2026", the figures "2030" shall be substituted; Amendment of and article 332. (b) in clause (3B), for the figure "2026", the figures "2030" shall be substituted. 9. In article 333 of the Constitution, for the words "one member", the words, "two Amendment of members" shall be substituted. article 333. 10. In article 334 of the Constitution in the long line, after clauses (a) and (b), for the Amendment of words "eighty years in respect of clause (a) and seventy years in respect of clause (b)", the article 334. words "ninety years" shall be substituted.450 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Substitution of 11. For the Fourth Schedule to the Constitution, the following Schedule shall be new Schedule substituted, namely:— for Fourth Schedule. FOURTH SCHEDULE [Article 4(1) and 80(2)] Allocation of seats in the Council of States To each State or Union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that State or that Union territory, as the case may be: TABLE 1. Andhra Pradesh...........................................................................................28 2. Telangana.....................................................................................................21 3. Assam..........................................................................................................19 4. Bihar.............................................................................................................50 5. Jharkhand.....................................................................................................18 6. Goa...............................................................................................................02 7. Gujarat..........................................................................................................30 8. Haryana........................................................................................................14 9. Kerala...........................................................................................................21 10. Madhya Pradesh..........................................................................................36 11. Chhattisgarh.................................................................................................15 12. Tamil Nadu...................................................................................................43 13. Maharashtra.................................................................................................56 14. Karnataka.....................................................................................................35 15. Odisha..........................................................................................................23 16. Punjab..........................................................................................................15 17. Rajasthan .....................................................................................................35 18. Uttar Pradesh ...............................................................................................99 19. Uttarakhand .................................................................................................07 20. West Bengal.................................................................................................46 21. Nagaland......................................................................................................02 22. Himachal Pradesh.........................................................................................05 23. Manipur .......................................................................................................02 24. Tripura..........................................................................................................02 25. Meghalaya ...................................................................................................02SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 451 26. Sikkim...........................................................................................................02 27. Mizoram .......................................................................................................02 28. Arunachal Pradesh.......................................................................................02 29. Delhi.............................................................................................................08 30. Puducherry...................................................................................................02 31. Jammu and Kashmir .....................................................................................08 Total 650452 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Having ratified the International Bill of Human Rights viz. the Universal Declaration of Human Rights, 1948; the International Covenant on Civil and Political Rights, 1966; the International Covenant on Economic, Social and Cultural Rights, 1966; and other treaties like the International Convention on the Elimination of All Forms of Racial Discrimination, 1965; the Convention on the Elimination of All Forms of Discrimination Against Women, 1979, it becomes obligatory upon "Indian State" within the meaning and scope of articles 51(c) and 253 and entries 12 and 13 of Union List of the Seventh Schedule of the Constitution to make necessary changes in our electoral system and outcomes. Signing of Inter Parliamentary Union (IPU) Declarations by India of which she is a member on Free and Fair Elections (Paris Declaration 1994) and the Universal Declaration on Democracy (Cairo Declaration 1997) and the various resolutions adopted by the United Nations General Assembly, it becomes necessary that the best practices and designs in the electoral system and outcomes across the world be incorporated in our electoral system. The letter and spirit of our great Constitution which enshrines Justice, Liberty, Equality and Fraternity assuring the dignity of individual has made these long standing 'comprehensive electoral reforms' overdue. There have been seven to eight reports from Goswami Committee (1990), Vohra Com- mittee (1993), Indrajit Gupta Committee (1998), 170th Law Commission Report (1999) and 255th Report (2015), ECI proposed Electoral Reforms (2004) and 2nd Administrative Reforms Commission Report (2008), which have been pending consideration, with considered advice, of political parties and civil society associations. The proposed Bill seeks to:— (i) provide a plural electoral system of proportional representation by means of a single transferable vote for preparing one national list and two-member territorial constituencies, i.e. Parliamentary constituencies and Assembly constituencies in place of single member territorial constituency; (ii) increase the number of seats in the House of the People to fifteen hundred, with seven hundred and fifty-two (50.14 per cent.) and seven hundred and forty-eight (49.86 per cent.) on the basis of national list in two-member territorial constituencies through direct election along with thirty-three per cent. seats reserved for women to ensure a reasonable ratio of representative population, considering the unreasonably disproportionate ratio at present, which has crossed over approximately twenty-five lakhs population for one Member of Parliament; (iii) increase the number of seats in the Legislative Assembly of each State upto nine hundred, and not less than sixty to ensure a reasonable ratio of representative population, considering the unreasonably disproportionate ratio at present, which has crossed over approximately 3.25 lakhs population for one Member of Legislative Assembly; (iv) increase the seats in the Council of States upto six hundred and seventy- five, with six hundred and fifty to be elected from States and Union territories, and twenty-five to be nominated by the President. Hence this Bill. NEW DELHI; THOL.THIRUMAAVALAVAN February 10, 2020SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 453 FINANCIAL MEMORANDUM Clause 3 of the Bill vide proposed amendment to article 80 provides for increase in number of representatives from the States and Union territories in the Council of States from "two hundred and thirty-eight" to "six hundred and fifty". Clause 4 vide proposed amend- ment to article 81 provides for increase in the number of members to the House of the People from "five hundred and thirty members chosen by direct election from territorial constituen- cies in the States" to "seven hundred and fifty- two members comprising one national list chosen by election held in accordance with system of proportional representation by means of a single transferable vote" and "seven hundred and sixteen members" chosen by direct election from multi- member territorial constituencies in the States. It also seeks to increase the representatives from the Union territories to the House of the People from "twenty members" to "thirty-two members". It further provides for one-third reservation of the total number of seats for women in the House of the People out of which one- third to be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes. Clause 5 vide proposed amendment to article 170 provides for increase in the number of members of Legislative Assembly of each State from "not more than five hundred" to "not more than nine hundred". It also provided for one-third reservation of the total number of seats for women in Legislative Assembly of each State out of which one-third to be reserved for women belonging to the Scheduled Castes and the Scheduled Tribes. 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 would be involved as recurring expenditure per annum from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved.454 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 295 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by the Parliament in the Seventieth Year of the Republic of India as follows:— Short title. 1. This Act may be called the Constitution (Amendment) Act, 2019. Insertion of new 2. After article 47 of the Constitution, the following article shall be inserted, namely:— article 47A. State to "47A. The State shall take steps to ensure access of safe potable water to every provide access household of the country.". to safe potable water to every household.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 455 3. In the Seventh Schedule to the Constitution,— Amendment of the seventh (i) in List II-State List, entry 17 shall be omitted; Schedule. (ii) in List III-Concurrent List, after entry 47, the following entry shall be inserted, namely:— "48. Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of list 1.".456 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Water is the essential need and it remains the basic necessity of human life. However, the per capita availability of water is continuing to decline and the nation is heading towards water scarcity. More than 70 per cent. of India's rural households are dependent on ground water for drinking but the country's water body is under tremendous stress and the quality is going from bad to worse. India has the highest number of people in the world without access to safe potable water. The contamination of water with fluoride, iron, nitrate, arsenic and other heavy metals has not only adversely affected health and environment but it is posing a major public health issue in the country. The World Health Organisation estimates that in India, about 38 million people are affected by waterborne diseases each year, out of which more than three quarters are children. Water is, at present, as State subject and is considered as the primary responsibility of the State Government. However, the State Governments are facing resource crunch to make proper arrangements for piped and potable water, particularly in rural areas. The Bill, therefore, seeks to amend the Constitution with a view to— (a) put an obligation on the State to ensure access to safe potable water to every household; and (b) transfer entry 17 of List-II in State List pertaining to 'Water' to List-III concurrent List so that the Central Government along with the respective State Governments can play an effective role providing access to safe drinking water to meet the growing needs of the society. Hence this Bill. NEW DELHI; M. K. VISHNU PRASAD October 25, 2019SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 457 BILL NO. 31 OF 2020 A Bill to provide for the establishment of a permanent Bench of the Supreme Court of India at Chennai BE it enacted by Parliament in the Seventy-First Year of the Republic of India as follows:— 1. (1) This Act may be called the Supreme Court of India (Establishment of a Permanent Short title and Bench at Chennai) Act, 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.458 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Establishment 2. There shall be established a permanent Bench of the Supreme Court of India at of a Chennai and such Judges of the Supreme Court, being not less than five in number, as the permanent Chief Justice of India may from time to time nominate, shall sit at Chennai in the State of Tamil Bench of Supreme Court Nadu in order to exercise the Jurisdiction and power for the time being vested in the Supreme at Chennai. Court in respect of cases arising in the States of Andhra Pradesh, Telangana, Odisha, Kerala, Karnataka, Tamil Nadu and the Union territories of Puducherry and Lakshadweep and such other territories as may be notified by the Central Government, from time to time, with the approval of the Chief Justice of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 459 STATEMENT OF OBJECTS AND REASONS The appellants are already burdened and are further discouraged to face the ordeal of having the litigations to travel thousands of kilometers to the seat of the Supreme Court in New Delhi for their appeal, hearing, and follow up of their cases. From the farthest places of South India, it is burdensome financially, physically as well as mentally. The number of pending court cases in the country has crossed more than three crore now. The plight of persons awaiting trial needs to be understood and addressed. It is not only the wastage of time, but also an increased financial burden that makes the process inconvenient, cumbersome and expensive thereby ascertaining the fact that "Justice delayed is justice denied". Article 130 of the Constitution envisages that the Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India, may, with the approval of the President, from time to time, appoint. The language of the article clearly Indicates that there was an intention of the founding fathers of the Constitution to have more than one seat of the Supreme Court and hence it is necessary to establish bench of the Supreme Court at various regions. Hence, the Bill seeks to establish a permanent Bench of the Supreme Court in Chennai in the State of Tamil Nadu. Geographically, Tamil Nadu is a strategic location for a permanent Bench as it is easily accessible for litigants of southern, south-eastern and south-western States. This will provide for a robust mechanism not only to manage pendency of court cases but simultaneously makes the justice opportune, public-friendly and efficient without any regional disparity. Hence this Bill. NEW DELHI; M.K. VISHNU PRASAD October 25, 2019. ———— PRESIDENT'S RECOMMENDATION UNDER ARTICLES 117(1) AND 117(3) OF THE CONSTITUTION [Copy of letter No. K-15019/05/2019-US. 1 dated 28 January, 2020 from Shri Ravi Shankar Prasad, Minister of Law and Justice, Communications and Electronics and Information Technology to the Secretary-General, Lok Sabha]. The President, having been informed of the subject matter of the Supreme Court of India (Establishment of a Permanent Bench at Chennai) Bill, 2020 by Dr. M.K. Vishnu Prasad, M.P., recommends the introduction and consideration of the Bill in Lok Sabha under articles 117(1) and 117(3), respectively, of the Constitution.460 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for the establishment of permanent Bench of the Supreme Court of India at Chennai. The Bill, therefore, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India. It is not possible to estimate, at this stage, the exact amount of expenditure that will be involved. However, a recurring expenditure of about rupees twenty crore is likely to be involved per annum for the purpose of payment of allowance to the Judges of the Bench and payment of salaries to the Court servants. A non-recurring expenditure of about rupees one hundred and fifty crore may be involved for the construction of building of the Court, etc. and appointment of staff members.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 461 BILL NO. 288 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title. 2. After article 21A of the Constitution, the following article shall be inserted,— Insertion of new article ‘‘21B. (1) Every citizen shall have the right to shelter in such manner as the State 21B. may, by law, determine. (2) Nothing in clause (1) shall prevent the State from making any provision for fixing criteria for allotment of houses to the citizens. (3) Nothing in this article shall prevent the State from making any special housing schemes for senior citizens, physically challenged persons, persons belonging to the scheduled castes and scheduled tribes, other backward classes, divorced women and other weaker sections of the society. Explanation.—For the purpose of this article, ‘‘shelter’’ means a dwelling unit with all basic civic amenities.’’.462 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Even after seven decades of independence, crores of citizens are still homeless. They have to suffer the elements in all its fury—be it winter, summer or rainy season. The problem of homelessness is increasing day-by-day both in rural and urban areas. Population explosion and other social and economic factors are the major reasons for housing shortage in the country. Due to acute shortage of houses in the country, lakhs of poor people are forced to live on the pavements, footpaths, bus shelters, under flyovers and bridges, as they cannot afford houses of their own. Crores of people are living in Jhuggi and Jhopris, kutcha and semi-pucca houses which lack basic facilities like sanitation, electricity, clean water, etc. Shelter is one of the basic human needs. It is necessary that the Government should come forward to ensure adequate housing for homeless citizens not only because it is their right, but, because it is an investment that would guarantee a healthy and satisfied citizens. The Supreme Court has recognized the right to housing by bringing it within the ambit of right to life. At the same time, housing right has been recognized and reaffirmed in all international and regional covenants, which have been ratified by our country. Hence, the Central and State Governments are under legal obligation to provide adequate housing to the millions of people who are living in absolute homelessness. Therefore, it has become more necessary to incorporate right to shelter as a fundamental right in the Constitution. The Bill seeks to achieve the above objective. NEW DELHI; JANARDAN SINGH 'SIGRIWAL' October 29, 2019. ———— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for incorporation of right to shelter in the Fundamental Rights of the citizens. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. At this stage, it is not possible to give an exact amount of expenditure to be involved. However, it is estimated that an annual recurring expenditure of about rupees ten thousand crore is likely to be involved. A non-recurring expenditure of about rupees two thousand crore is also likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 463 BILL NO. 250 OF 2019 A Bill to provide for management and welfare of Indian citizens employed outside the country and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Overseas Workers (Management and Welfare) Act, Short title and 2019. commencement. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.464 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires:— (a) "Fund" means the Overseas Workers Welfare Fund constituted under section 6; (b) "overseas worker" means any Indian citizen who is employed outside India by a person who is not an Indian citizen or any company or any enterprise or any vessel which is not registered in the territory of India but does not include Indian citizens working in the organs or agencies of the United Nations Organization (UNO); and (c) "prescribed" means prescribed by rules made under this Act. Maintenance 3. The Central Government shall prepare and maintain a Register of all overseas workers of Register of containing names and such other particulars including the country in which they are employed, Overseas in such manner as may be prescribed. workers. Assessment 4. The Central Government may, from time to time, undertake or cause to be undertaken, study. using agencies as it may consider necessary, studies in the countries where there are substantial number of overseas Indian workers with a view to assess the following in regard to overseas Indian workers:— (i) access to basic human rights; (ii) access to health facilities; (iii) access to legal remedies; and (iv) ability to live in a safe and secure manner. Formulation 5. (1) The Central Government shall formulate and implement welfare schemes for of welfare overseas workers in such manner as may be prescribed. schemes. (2) Without prejudice to the generality of the foregoing provision, such schemes shall also provide for,— (a) insurance and disability cover; (b) old age protection; (c) orientation and skill upgradation; and (d) such other provisions as the Central Government may consider necessary. Overseas 6. (1) The Central Government shall by notification in the Official Gazette, constitute a Workers' Fund to be known as the Overseas Workers' Welfare Fund. Welfare Fund. (2) The Central Government shall, after due appropriation made by Parliament by law in this behalf, grant such sums of money to the Fund as the Central Government may think fit for carrying out the purposes of this Act. Compulsory 7. It shall be mandatory for all persons or agencies involved in the recruitment or registration of placement of Indian citizens for employment with foreign nationals or companies outside the recruiting country to get themselves registered with such authority, as may be designated by the agencies. Central Government for the purpose. Punishment. 8. Whoever, in contravention of section 7, recruits any person for employment outside the country shall be punished with simple imprisonment for a term which may extend to five years and with fine which may extend upto rupees five lakh or with both. Act to have 9. The provisions of this Act and rules made thereunder shall have effect overriding notwithstanding anything inconsistent therewith contained in any other law for the time effect. being in force. Power to 10. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the provisions of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 465 (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 at 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.466 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS There are about five million Indians employed outside the country. More than ninety per cent. of this work force is in the Gulf countries. There has been a consistent and steady increase in the number of persons going abroad in search of employment. The problems being faced by Indian overseas workers are manifold. Non-payment or delay in payment of wages, harsh working and inhuman living conditions, substitution of contracts, retention of passport, cheating by intermediaries, incidents of physical abuse and sexual exploitation, etc. are common. In most of the countries, access to legal remedy is denied to Indian workers. In many cases Indian workers do not get the benefit of social security contribution paid during their employment abroad, after they return to India, due to various reasons. Therefore, there is an urgent need for a legislation providing for the management and welfare of Indian citizens working abroad. The Bill inter-alia seeks to provide for:— (i) registration of all Indian citizens who migrate from the country in search of employment; (ii) framing of welfare schemes for overseas workers by the Central Government; and (iii) compulsory registration of recruitment agencies etc. and for punishment for those agencies who carry out the business of recruiting persons for overseas employment without registration. Hence this Bill. NEW DELHI; JANARDAN SINGH 'SIGRIWAL' October 29, 2019. ———— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the maintenance of a register of overseas workers. Clause 4 provides for an assessment study in the countries where there are overseas Indian workers. Clause 5 provides for formulation and implementation of welfare schemes for wel- fare of overseas workers. Clause 6 provides for constitution of a Overseas Workers' Welfare Fund for welfare of overseas workers. 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 invloved as the exact amount of expenditure will depend upon the number of schemes formulated by the Government. However, it is estimated that an annual recurring expenditure of about rupees two hundred crore is likely to be involved from the Consolidated Fund of India. A non-recurring expenditure of rupees five hundred crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 467 BILL NO. 294 OF 2019 A Bill to provide for the constitution of a rural labour welfare fund for the welfare of the rural labour employed in the agriculture and other rural occupations and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Rural Labour Welfare Fund Act, 2019. 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) "employer" means the cultivator, orchard owner, poultry farm owner, agency, society including cooperative society or any establishment in a rural area which employs rural labour;468 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "Fund" means the Rural Labour Welfare Fund established under section 3; (c) "prescribed" means prescribed by rules made under this Act; and (d) "rural labour" means any person engaged in agriculture, sericulture, poultry, horticulture, handicrafts or any related occupation in rural areas as a wage earner, whether in cash or kind, for his livelihood and includes a person engaged through a contractor or engaged as a self employed person. Constitution 3. (1) With effect from such date, as the Central Government may, by notification in of Rural the Official Gazette, specify in this behalf, there shall be constituted for the purposes of this Labour Act, a Fund to be called the Rural Labour Welfare Fund. Welfare Fund. (2) The Central Government shall, after due appropriation made by Parliament by law in this behalf, credit to the Fund in each financial year such sums of money as it considers necessary for carrying out the purposes of this Act. Utilisation of 4. The Fund shall be utilized by the Central Government to meet the expenditure in Fund. connection with measures which in the opinion of the Central Government, after consulting the Governments of the States and Union territories Administrations, are necessary or expedient to promote the welfare of the rural labour and in particular:— (a) to defray the cost of measures to be carried out for the benefit of rural labour towards— (i) providing water supply for drinking and other purposes; (ii) providing educational facilities; (iii) the improvement of standard of living and nutrition; (iv) amelioration of the social conditions; (v) providing housing and recreational facilities; (vi) rendering financial assistance in case of infirmity or disability due to accident, old age, or any other reason; and (vii) providing such other welfare measures as may be prescribed. (b) to grant loan, assistance or subsidy to Government of any State, Union territory Administration, local authority or any organisation for any scheme approved by the Central Government for the purposes connected with the welfare of rural labour; (c) to pay annually grant-in-aid to Government of any State or Union territory administration, local authority or an employer or any other organisation which provides to the satisfaction of the Central Government such welfare measures and facilities of the prescribed standard for the benefit of rural labour; (d) to meet the cost of administering the Fund; and (e) any other expenditure which the Central Government may direct to be defrayed from the Fund. State Advisory 5. (1) The Central Government may constitute as many Advisory Committees as it Committees. deems fit to advise the Central Government on such matters arising out of the implementation of the provisions of this Act: Provided that atleast one Advisory Committee for each State and Union territory shall be constituted by the Central Government in consultation with the respective State Government and Union territory Administration.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 469 (2) The Central Government shall appoint Chairperson and such number of members, as may be prescribed, of each Advisory Committee. (3) The term of office and other conditions of service of the Chairperson and members shall be such as may be prescribed. 6. (1) The Central Government shall constitute a Central Advisory Committee to Central coordinate the work of the Advisory Committees constituted under section 5 and to advise Advisory the Central Government on any matter arising out of the implementation of provisions of Committee. this Act. (2) The Central Government shall appoint Chairperson and such number of members, as may be prescribed, of the Central Advisory Committee. (3) The term of office and other conditions of service of the Chairperson and other members shall be such as may be prescribed. 7. (1) The Central Government may appoint as many Rural Labour Welfare Fund Appointment Commissioners, Inspectors and such other officers and staff as it deems necessary for of Commissioners, carrying out the purposes of this Act. Inspectors (2) Every person appointed under this section shall be deemed to be a public servant and other officers. 45 of 1860. within the meaning of section 21 of the Indian Penal Code, 1860. (3) Any officer or inspector appointed under this Act, may,— (a) with such assistance, if any, as he may deem fit, inspect at any reasonable time any place which he considers necessary for carrying out the purposes of this Act; (b) do within such place anything necessary for the proper discharge of his duties; and (c) exercise such other powers as may be prescribed. 8. The Central Government may require a State Government or a Union territory State Administration or a local authority or an employer to furnish for the purposes of this Act, Government such statistical and other information in such form and within such period as may be to furnish requisite prescribed. information. 9. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,— (a) the manner in which the fund may be applied; (b) the conditions governing the grant of loans or subsidy; (c) the conditions governing grant-in-aid; (d) the standard of welfare measures and facilities to be provided out of the fund; (e) the composition of the Advisory Committees and Central Advisory Committee constituted under sections 5 and 6 respectively and the manner in which the members thereof shall be appointed; (f) the term of office of such members, the allowances, if any, payable to them and the manner in which the Advisory Committee and the Central Advisory Committee shall conduct their business; (g) the recruitment, conditions of service and duties of all persons appointed under section 7; and470 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (h) the powers that may be exercised by an officer or inspector appointed under section 7. (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 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 471 STATEMENT OF OBJECTS AND REASONS India resides in villages and eighty-five per cent. of its rural population earns its livelihood from agriculture. There are cultivators, orchard owners, poultry owners, agricultural workers and home based workers in the rural areas. Their number runs into crores. However, their wages and income are meagre and many of them do not get employment throughout the year. These rural labourers also become an easy prey to the debt trap of the landlords and moneylenders who force them to become bonded labourers. Most of them remain very poor throughout their lives and live in distress for generations. In a welfare State like ours, there are no welfare schemes or funds for these helpless rural labourers whereas in the industrial sector there are Labour Welfare Boards and cess is levied and collected through legislative measures in order to provide them various amenities including housing, education and medical care. But the rural labourers are unorganized, poverty stricken and neglected, even by the State. It is, therefore, necessary that the deteriorating plight of rural workers be felt at national level and the Central Government should constitute a Rural Labour Welfare Fund for financing adequately and systematically the welfare measures to be carried out for the rural and agricultural labour throughout the country so as to achieve the goals of a welfare State in its true sense. Hence this Bill. NEW DELHI; JANARDAN SINGH ‘SIGRIWAL’ October 29, 2019.472 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of the Rural Labour Welfare Fund. Clause 5 provides for the constitution of Advisory Committees. Clause 6 provides for constitution of a Central Advisory Committee. Clause 7 provides for appointment of Rural Labour Welfare Commissioners, Inspectors and officers and staff for carrying out the purposes of this Bill. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India but it is not possible at this stage to give the precise details of the expenditure that would be involved. It is, however, estimated that it will involve a recurring expenditure of about rupees two hundred crore per annum. It will also involve a non-recurring expenditure of about rupees sixty lakh. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 9 of the Bill provides that the Central Government may make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 473 BILL NO. 272 OF 2019 A Bill to provide for population control and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Population Control Act, 2019. Short title 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 the State and in all other cases, the Central Government; and (b) "prescribed" means prescribed by rules made under this Act.474 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Central 3. It shall be duty of the Central Government to encourage, promote and motivate Government married couples to opt for small family norm with a view to control the rising population in the to encourage, country. promote and motivate small family norm. Benefits to 4. If either the husband or the wife in case of a married couple, who have only two couples who living children on the date of commencement of this Act, voluntarily undergoes sterilization, opt to undergo the appropriate Government shall provide them with the following benefits, namely:— sterilization. (i) free education including higher education to one child and to the second child, if any, born within one year from the date of commencement of this Act; (ii) suitable employment to one child after he completes his education; and (iii) such other benefits as may be prescribed. Compulsory 5. The appropriate Government shall introduce population control as a compulsory subject relating subject in all educational institutions for all children who have attained the age of fifteen to population years, irrespective of class in which they are studying and the course they are pursuing. control in edu- cational insti- tutions. Establishment 6. (1) The Central Government shall set up a Health Care Centre in every village of the of a Health country with a view to create awareness about population control amongst the people. Care Centre in every village (2) The Health Care Centres established under sub-section (1) shall disseminate such of the country. information amongst, and provide such assistance to masses, with regard to population control, as may be prescribed by the Central Government. Minimum age 7. No marriage shall be solemnized between a male who is less than twenty-seven for marriage. years of age and a female who is less than twenty-two years of age. Provisions 8. (1) Any person who is serving in connection with the affairs of the Union Government relating to or of the State Government or in any undertaking or organization under the control of the Government Central Government or the State Government, as the case may be, and,— employees, etc. (a) who has only one living child or who has not procreated any child or who is unmarried on the date of commencement of this Act, shall give an undertaking that he shall not procreate more than two living children, (b) who has two living children on the date of coming into force of this Act, shall give an undertaking that he shall not procreate any child one year after the coming into force of this Act. (2) Any person, violating the provisions of sub-section (1) shall be subject to such disciplinary action as may be determined by the appropriate Government. Punishment. 9. Any person who contravenes the provisions of section 7 shall be punished with simple imprisonment for a term which shall not be less than five years and with fine which shall not be less than rupees twenty thousand. Act to have 10. The provisions of this Act shall have effect notwithstanding anything contained overriding to the contrary in any other law for the time being in force. effect. Power to make 11. (1) The Central Government may, by notification in the Official Gazette, make rules rules. for carrying out the provisions 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 theSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 475 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.476 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Rapid increase in the population has given rise to many socio-economic problems like poverty, food and housing shortage, unemployment, environmental degradation, etc. We are the most populous country after China. If the present trend continues, it will not be possible for us to tackle the growing socio-economic problems. It is, therefore, imperative that certain effective steps are taken to check the increasing growth of our population. Since our resources are limited, proper upbringing of children is possible only when we opt for small family norm. Despite existence of various birth control measures and various family planning programmes, the problem of over population still remains. The Bill, therefore, seeks to promote voluntary sterilization among the married couples having two children and also provides for certain measures like fixing the minimum age for marriages, promoting small family norm, introduction of a compulsory subject on population control in the school curricula for promoting and inculcating small family norm in the future generation. Hence this Bill. NEW DELHI; VISHNU DAYAL RAM October 30, 2019 ———— FINANCIAL MEMORANDUM Clause 4 of the Bill provides for certain benefits to be given to those persons who undergo sterilization voluntarily. Clause 5 provides for introduction of a compulsory subject relating to population control in all educational institutions. Clause 6 provides for establishment of Health Care Centres in every village of the country to provide assistance and information regarding population control. The Central Government shall have to incur some expenditure for implementing the provisions of this Bill in respect of Union territories. The State Governments will incur expenditure in respect of their States out of their respective consolidated funds. The Bill, therefore, if enacted, would involve an annual recurring expenditure of about rupees one hundred crore from the Consolidated Fund of India. A non-recurring expenditure of rupees ninety crore is also likely to be involved for establishment of Health Care Centres in every district. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules for carrying out the purpose of the Bill. As the rules to be made relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 477 BILL NO. 238 OF 2019 A Bill to amend the Prohibition of Child Marriage Act, 2006. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Prohibition of Child Marriage (Amendment) Short title Act, 2019. and com- mencement. (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 Prohibition of Child Marriage Act, 2006, for clause (a), the Amendment following clause shall be substituted, namely:— of Section 2. (a) "child" means a person who has not completed eighteen years of age.'.478 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Prohibition of Child Marriage Act, 2006 was enacted with a view to prohibit the solemnization of child marriages and ensure that child marriage is eradicated from within the Indian society. With a view to overcome the aforesaid anomaly and to make the law prescribing minimum age for marriage for a male and a female is same, it is proposed to amend the Prohibition of Child Marriage Act, 2006 by amending section 2(a) to redefine a child as male or female who has not completed eighteen years of age. Hence this Bill. NEW DELHI; VISHNU DAYAL RAM October 29, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 479 BILL NO. 323 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by the Parliament in the Seventieth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2019. Short title and commencement. 2. In the Seventh Schedule to the Constitution,— Amendment to the Seventh (a) in List II-State List, in entry 14, the words "subject to the provisions of entry Schedule. 48 of List III" shall be inserted at the end; and (b) in List III-Concurrent List, after entry 47, the following entry shall be inserted, namely:— "48. Agricultural marketing, including price determination and inter-state marketing and supply of agricultural produce.".480 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Constitution is regarded as a living document that adapts to the changing times. The Indian Polity has evolved and matured since the Constitution was first adopted. The economic and social drivers today demand a relook at the subjects that the Union and State Governments have been given jurisdiction of under the Seventh Schedule. There are certain subjects which need to be shifted from the State List to the Concurrent List as they are pervasive across States and demand a uniform national legislation and direction. With our varied agro-climatic zones and cropping patterns, agriculture was included in the State List. However, over the years, agriculture has evolved into a national sector with agrarian distress intensifying and markets being integrated nationally and internationally. The Committee on Doubling Farmers' Income in its draft report had called for moving agricultural marketing to the Concurrent List on the grounds that marketing has no boundaries; necessitating a pan-India operation to meet the demand across the country. The NITI Aayog had also suggested that both the Centre and States should have a shared jurisdiction over agricultural marketing, in order to reform the sector. Since larger proportions of agricultural produce are moving out of the producer State, it is vital that it be governed by the Centre to balance our each State's interests. With a view to achieve the aforesaid objective, it is proposed to amend the Constitution of India by addition of agricultural marketing to the Concurrent List to enable both the Centre and State governments to legislate on it. Hence, this Bill. NEW DELHI; VISHNU DAYAL RAM November 4, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 481 BILL NO. 268 OF 2019 A Bill to provide for the establishment of a National Commission for Female Farmers in the country and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the National Commission for Female Farmers Act, 2019. 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.482 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) "National Commission" means the National Commission for Female Farmers established under section 3; (c) "prescribed" means prescribed by rules made under this Act; and (d) "female farmer" means, irrespective of the marital status or ownership of land, any woman who undertakes cultivation in her own land or land owned by her husband or a family member or land owned by any other person on sharing basis or on lease. Establishment 3. (1) The Central Government shall, by notification in the Official Gazette, establish a of a National Commission to be known as the National Commission for Female Farmers to improve the Commission condition of women farmers in the country. for Women Farmers (2) The Commission shall consist of— Welfare and Development. (a) a Chairperson; (b) a Deputy Chairperson; and (c) three members, to be appointed by the Central Government from amongst the persons committed to the cause of welfare of women and having experience in the field of women's rights, farmers rights, law or management. (3) The Central Government may appoint such number of officers and staff including experts to the Commission as may be required for its efficient functioning. (4) The salary and allowances payable to, and other terms and conditions of service of the Chairperson, Deputy Chairperson, members, officers, staff and experts of the Commission shall be such as may be prescribed. (5) The National Commission shall have the power to regulate its own procedure. Functions of 4. (1) It shall be the duty of the National Commission to take such steps, as it may deem the National appropriate, for the welfare and development of female farmers. Commission. (2) Without prejudice to the generality of the foregoing provision, the National Commission shall ensure the following provisions for the benefit and welfare of female farmers, namely:— (a) negotiating all cases related to the safeguards provided to female farmers and carry out the monitoring and improvement of such safeguards; (b) safeguarding the rights of the female farmers over the land they cultivate; (c) investigate complaints of the female farmers related to deprivation of their rights and safeguards; (d) support the appropriate Government in the planning process of socio- economic development of female farmers; (e) submit reports to the Central Government regarding the working of safeguard on an annual basis or at such intervals as it thinks fit; and (f) undertake all other functions for the protection, welfare and development of female farmers, as specified by the Central Goverment. Central 5. (1) The Central Government shall cause to be laid before each House of Parliament Government all the reports submitted to it under clause (e) of sub-section (2) of section 4 alongwith a to lay report.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 483 memorandum explaining the reasons for not accepting any of the recommendations made thereto. (2) Where the report, or any of its part is related to any of the issue connected with the State Government, a copy of such report shall be forwarded to the Governor of that State, who shall, along with an explanatory memorandum explaining 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 the State Legislature. 6. The National Commission shall, while investigating any matter referred to in clause (b) Commission of sub-section (2) of section 4, have all the powers of a civil court trying a suit and, in to have powers of particular in respect of the following matters, namely:— Civil Court. (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commission for the examination of witnesses and documents; and (f) any other matter which may be prescribed. 7. The appropriate Government shall consult the National Commission on all policies Appropriate affecting interests of the female farmers. Government to consult Commission. 8. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, provide adequate funds to the National Commission for carrying out the purposes Government of this Act. to provide adequate funds to the National Commission. 9. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may make such order or give such direction, not inconsistent with the provisions remove difficulties. of this Act, as may appear 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 commencement of this Act. 10. The provisions of this Act and rules made thereunder shall have effect Act to have notwithstanding anything inconsistent therewith contained in any other law for the time overriding effect. being in force. 11. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) 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.484 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS More than fifty per cent. of the population of the country is involved in agriculture in some way or the other. Out of this population, almost seventy per cent. are female farmers. More women work on the fields than men, yet only thirteen per cent. of them own the land they cultivate. Without ownership over land, they have very little access to credit schemes meant to support farmers. Land rights for women are mediated through the various personal laws that are followed arbitrarily from State to State. Customary practices sometimes deny the women their right to own land even when it is permitted by law. Another issue women farmers face is the wage gap in the agricultural sector. They are often forced to be content with low paid agricultural jobs. Many schemes and special provisions exist for women farmers, inspite of which their socio-economic situations has not changed. In order to look into their specific needs and ensure their development, a better, empowered institutional mechanism is needed. There is a great need for the establishment of a National Commission for the Welfare of Female Farmers. Hence this Bill. NEW DELHI; RAMA DEVI October 31, 2019. ———— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of National Commission for Female Farmers. It also provides for appointment of a Chairperson, Deputy Chairperson, member, officers, staff and experts to the Commission. Clause 8 provides for the Central Government to pro- vide adequate funds for the functioning of the Commission. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recur- ring expenditure of rupees twenty crore per annum will be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees five crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 485 BILL NO. 243 OF 2019 A Bill further to amend the Mahatma Gandhi National Rural Employment Guarantee Act, 2005. BE it enacted by Parliament in the Seventieth 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, 2019. commence- ment. (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 42 of 2005. 2. In the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, in Amendment Schedule I, in para 20, for the words “forty per cent.”, occurring at both the places, the words of Schedule I. “sixty per cent.” shall be substituted.486 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Para 20 of Schedule I of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 provides that for all works taken up by the Gram Panchayats and other implement- ing agencies, the cost of the material component including the wages of the skilled and semi- skilled workers shall not exceed forty per cent at the Gram Panchayat or the district level, as the case may be. Since the scheme has come into force, it is observed that there is a great difficulty in maintaining the expenditure ratio in terms of material in the given prescribed limits and in some cases it exceeded to more than fifty per cent. The social audit of the scheme implementation has also indicated that the work is not being undertaken within prescribed ceiling in the Act. So, under the existing limit of forty per cent. good quality work cannot be undertaken by the Gram Panchayat or the district authorities for creating better social infrastructure in the rural areas. Hence, the Bill seeks to increase the material compo- nent limit upto sixty per cent. so as to enable creation of better infrastructure in rural areas. Hence this Bill. NEW DELHI; RAMA DEVI October 31, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 487 BILL NO. 270 OF 2019 A Bill to provide for the stabilization of population in the country through setting up of a National Population Planning Authority at the national level and a District Population Planning Committee in each district to encourage and promote family planning in order to ensure a population which is in tandem and commensurate with the resources and development of our nation, to improve health of the women and empower them, recognizing both men and women as an important stakeholder in the family planning process, to improve standard of living of the citizens and for the matters connected therewith and incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Population (Stabilization & Planning) Act, 2019. 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.488 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) “annual report” means the report prepared by the National Population Planning Authority; (c) “Authority” means the National Population Planning Authority constituted under section 4; (d) “Committee” means the District Population Planning Committee constituted under section 11; (e) “medicine” means medicine prescribed by a certified medical practitioner for sterilization and matters connected therewith and incidental thereto; (f) “prescribed” means prescribed by rules made under this Act; (g) “public servant” shall have the same meaning as assigned to it under section 21 of the Indian Penal Code, 1860; and 45 of 1860. (h) “small family” means a family having not more than two living children. Healthcare 3. For the purpose of this Act, every healthcare professional shall be deemed to be a professionals “public servant”. to be deemed public servant. Constitution 4. (1) The Government shall, within one year of the coming in force of this Act, establish of National a National Population Planning Authority for carrying out the purpose of this Act. Population Planning (2) The Authority which shall consist of:— Authority. (a) Secretary, Ministry of Health and Family Welfare — ex-officio Chairperson; (b) Chairperson, National Commission for Women — ex-officio member; (c) Secretary, Ministry of Women and Child Development — ex-officio member; (d) Secretary, Ministry of Social Justice and Empowerment — ex-officio member; (e) Secretary, Ministry of Human Resource Development — member; and (f) two persons, with experience of at least fifteen years in the social sector, one of whom shall be a woman. (3) The Central Government shall appoint such number of officers and staff as it considers necessary for the functioning of the Authority; (4) The salary and allowances payable to, and terms and conditions of services of the members, officers and staff of the Authority shall be such as may be prescribed. Meetings of 5. (1) The Authority shall meet at such times and places as appointed by the Chairperson the Authority. and shall abide by such rules of procedure in regard to transaction of business at its meetings, as may be prescribed; (2) The expenditure incurred for the meetings shall be borne out of the funds provided to it by the Central Government. Functions of 6. (1) The Authority shall,— the National Population (a) prepare a plan for family planning in the country, which shall include; Planning (i) conducting surveys across the country; Authority. (ii) formulating a strategy to specifically target the regions with high maternal and infant mortality rate;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 489 (iii) specific identification of the high density and high Total Fertility Rate (TFR) areas and formulate plans for such regions accordingly; (iv) creating a mechanism for ensuring quality medicine procurement; (v) preparing a strategy for ensuring equal participation of both male and female in the sterilization process; (vi) evolving schemes for encouraging participation of both the male and the female in the family planning process; (vii) preparing a plan for the counselling of the male and the female, to be implemented by the District Population Planning Committee; (viii) preparing a strategy to popularize and promote spacing of at least two years between two children; (ix) framing school curriculum on the population stabilization and provide for a mechanism of inclusion of the same; (b) create awareness on the benefits of a small family through various programmes; (c) provide for a framework for the training of the healthcare professionals; (d) examine, recommend and formulate a strategy for integration and convergence of the existing schemes; and (e) perform any other function, which the Central Government may prescribe from time to time. (2) The Authority shall strive to promote the small family norm and suggest measures to discourage violation of the small family norm. 7. (1) Notwithstanding anything contained in any law for the time being in force, every Incentives for person, who adopts the small family norm, shall be entitled to— adhering to small family (a) one additional increment as incentive if the person is employed with the norm. Central or the State Government; (b) free healthcare at all the public healthcare institutions for the entire family; and (c) receive such other benefits as may be prescribed by the Central Government from time to time. (2) If either or both the children are female, the female child or children, as the case may be, shall be entitled to free education till the graduation level, the assistance for which shall be provided by the appropriate Government. 8. The Government shall strive to promote a spacing of at least two years between from Promote the date of delivery of the first child and the onset of second pregnancy. spacing in child births. 9. The appropriate Government shall ensure that people have access to quality and Appropriate affordable contraceptive medicines and healthcare pertaining to family planning and matters Government to ensure incidental and consequential thereto. access to quality and affordable medicines, healthcare. 10. (1) The appropriate Government shall, as far as possible, designate the eldest Designating married woman in the household as the head of the household under various welfare women as head of the programmes. household in welfare programmes.490 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Constitution 11. (1) The appropriate Government shall constitute a District Population Planning of District Committee in every district for purposes of this Act. Population Planning (2) The Committee shall consist of— Committee. (a) the District Collector — ex-officio Chairman; (b) the Chief Medical Officer of the district — ex-officio member; (c) One representative of the Municipal Council — ex-officio member; (d) two persons with an experience of at least ten years in social sector, at least one of whom shall be a woman. (3) For the purpose of appointments of persons under clause (d) the appropriate Government shall consult public representatives of the concerned district. Functions of 12. (1) The Committee shall,— the District (a) implement the policies and plans formulated by the National Population Committee. Planning Authority; (b) coordinate and consult with the village Panchayat for formulation and implementation of the plan at the village level; (c) provide counselling facilities to male and female pertaining to family planning and matters incidental and consequential thereto through healthcare professionals; (d) to carry out an annual survey to collect data on small families in the district; (e) distribute contraceptives through health-care centres and Non-Governmental Organizations; (f) organize sterilization camps; (g) publicize benefits of having a small family; (h) engage with non-Governmental Organizations and other social groups for promoting the small family norm; (i) recommend to the appropriate Government from time to time regarding measures to be taken to encourage family planning measures and improve the standard of living; and (j) perform any other function, which the appropriate Government may prescribe, from time to time. (2) The Committee shall take into account the representation made before it by the village Panchayat representatives, to be nominated by the village Panchayat, at least one of whom shall be a woman. Central 13. The Central Government shall, after due consultation with the concerned State Government to Governments, and after due appropriation made by the Parliament in this behalf, provide provide funds. requisite funds for carrying out the purposes of this Act. Publication of 14. (1) The Authority shall publish once every year, a report in such form and manner Annual as may be prescribed. Report. (2) The Central Government shall cause such report to be laid before each House of Parliament as soon as it is received. Act not in 15. The provisions of this Act shall not be in derogation of any other law for the time derogation of being in force. other law. Power to 16. If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government, in consultation with the State Governments, may make such order or give such difficulty. direction, not inconsistent with the provisions of this Act, as appears to it be necessary or expedient for removing any difficulty:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 491 Provided that no such other shall be made under this section after the expiry of three years from the date of commencement of this Act. 17. (1) The Central Government may, by notification, in the Official Gazette, make rules Power to for carrying out 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.492 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The census of 2011 estimated India's population to be around one hundred and twenty one crores, which, by 2017 is estimated to come closer to one hundred and thirty crores. As per Registrar General of India, by 2026, India's population will be 139.9 crore. India, at present, is world's second most populated country and is set to overtake China by 2030. India accounts for only 2.4 per cent. of the total area of the world, while accounting for 16.9 per cent. of its total population, which represents the huge stress that is being created on the resources of the nation. Such high level of population has further caused and continues to cause high levels of inequality, poverty, hunger and deterioration in standard of living, which is evident from India's miserable performance on the indicators of Human Development Index (HDI) and others. Article 38 of the Indian Constitution puts the onus on the State to secure a social order for the promotion of welfare of the people which includes reduction of inequalities in income, status, facilities and opportunities. However, the existing levels of population make it difficult to achieve the goals stated under the Directive Principles of the State Policy, whereby State is overburdened with the responsibility of creating enormous infrastructure to sustain such high population, besides other stresses such as ensuring healthcare, reducing poverty and improving quality of life, while the resources to provide such facilities remain limited and continue to deplete with the rising level of population. In the light of the given situation, it is imperative that appropriate steps be taken to stabilize and control the tremendous growth of population so as to distribute the resources more equally and equitably and to improve the standard of living of the people of India. Such a policy is a requirement of the time so that the Directive principles of State Policy could be put in the policy framework in their spirit. There is also a need to recognize the equal participation of both male and female in the family planning process and need for empowering women in the decision making process. Emphasis has also to be laid on the educational levels across the country, especially in the regions of high Total Fertility Rate (TFR). Moreover, it is also imperative to ensure that the related medicines are available at affordable rates and that responsibilities are established in the cases of violation of norms by the healthcare professionals. The Bill effectively provides for the setting up of a National Population Planning Authority and a Committee at the district level, measures which shall be initiated to stabilize and do planning for the population in the country through measures such as spreading education, awareness, empowerment of women and recognition of both male and the female as equal partners in the family planning process. The Bill is a significant step towards the overall development of the nation and ensuring economic as well as social equality. Hence this Bill. NEW DELHI; SUSHIL KUMAR SINGH October 31, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 493 FINANCIAL MEMORANDUM Clause 4 of the Bill provides for the establishment of a National Population Planning Authority and appointment of such officers and staffs for its functioning. Clause 5(2) provides for the Central Government to bear the expenditure incurred for the meetings of the authority. Clause 7 provides for incentives for small family norm. Clause 9 provides for the appropriate Government to ensure access to quality and affordable medicines, healthcare. Clause 11 provides for the constitution of a District Population Planning Committee. Clause 13 makes it obligatory for the Central Government to provide requisite funds for carrying out the purposes of the Bill. The Bill, therefore, if enacted, will involve an expenditure of rupees five thousand crore per annum from the Consolidated Fund of India. A non-recurring expenditure to the tune of rupees three hundred crore is also likely to be involved.494 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 17 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relates to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 495 BILL NO. 335 OF 2019 A Bill to provide for compulsory sports education from first standard to senior secondary level and provision of requisite infrastructure in schools of Andaman and Nicobar Islands and for matters connected therewith. BE it enacted by the Parliament in the Seventeith Year of the Republic of India as follows:— 1. (1) This Act may be called the Compulsory Sports and Physical Education and Short title and Infrastructure Development in Schools of Andaman and Nicobar Islands Bill, 2019. commencement.496 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "infrastructure" means requisite resources such as playground, articles of sports, sports instructors and such other physical framework of facilities as are required for sports and physical education in the school; (b) "prescribed" means prescribed by rules made under this Act; (c) "school' means any recognised school imparting education from class 1 to class 12th and includes— (i) a school established, owned or controlled by the Central Government or a local authority; (ii) an aided school receiving aid or grants to meet whole or part of its expenses from the Central Government or the local authority; (iii) a school belonging to specified category; and (iv) an unaided school not receiving any kind of aid or grants to meet its expenses from the Government or the local authority; and (d) "sports and physical education" means providing children irrespective of their ability or disability, sex, age, cultural, race or ethnicity, religious or social background, with the skills, attitudes, values, knowledge and understanding for lifelong participation in physical activity along with sports specific skill, knowledge of rules and understanding values revolving around sportsmanship, as also to identify and develop sporting talent. Free and 3. It shall be the duty of the Central Government to provide free and compulsory sports compulsory and physical education to students from first standard to twelfth standard in all schools of sports and Andaman and Nicobar Islands. physical education. Central 4. (1) The Central Government shall, within six months of the coming into force of this Government Act, formulate a policy for providing sports and physical education and ensuring requisite to formulate infrastructure development in all schools of the Union territory of the Andaman and Nicobar policy for Islands. providing sports and (2) The policy referred to in sub-section (1) shall include the following provisions— physical education. (i) encouraging sports and physical education to create awareness about the importance of sports among students; (ii) providing adequate financial assistance for infrastructure development for sports education in all the schools; (iii) seeking assistance under khelo India Scheme for infrastructure development in the schools in rural areas; (iv) preparing inclusive and quality syllabus for sport education; (v) providing sports scholarship/stipend to the students with outstanding performance in sports; (vi) providing weightage to marks obtained in sports for admission in higher education; and (vii) according preference to the outstanding sports persons in recruitment to posts under Central Government. (3) The Central Government shall review the progress and quality of sports education being provided by the schools in the Union territory of the Andaman and Nicobar Islands, from time to time, in such manner, as may be prescribed.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 497 5. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.498 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Foundation of sports education is conceived in school and it progresses as the child is promoted to the next class. There is ample evidence through research and studies which prove that sports education and academic learning complement each other and are instrumental in developing the overall personality of students. An effective policy to ensure implementation of sports curriculum in school inculcates qualities like discipline, leadership, team spirit, competitiveness, time management and other such qualities. The Ministry of Human Resource Development (MHRD) through its National Policy on Education (NEP), 2016 recognizes the criticality of Education as the most important vehicle for social, economic, and political transformation. The strength of our country is that it is a youth surplus nation which is battling problems like obesity, inactivity, child diabetes to name a few. The need of the hour is to propose a holistic curriculum program which combines sports and physical education in order to make India a sports superpower in the coming years on both fronts-mass general participation as well as distributive specific performances that produce excellence. Sports and Physical Education should be made a mandatory part of education ecosystem in India and should be a parameter for measuring performance of a child. Depending on the level accomplished by a student, certain benefits to encourage him/her to compete at the elite level or choose sports as a full time career may be given. The ideal sports education curriculum for schools should therefore be comprehensive (i.e. addressing aspects of kin aesthetic, cognitive and social development) and inclusive (i.e. addressing the needs of children of different age and abilities). Sports and physical education standards have been adopted by more developed nations like Australia, USA, etc. The Bill seeks to cast a duty on the Central Government to provide Free and Compulsory Sports and Physical Education to students from first standard to twelfth standard in schools of Andaman and Nicobar Islands. It also mandates that the Central Government shall within six months of the coming into force of this Act formulate a policy for providing sports and physical education and ensure requisite infrastructure development in all schools of Andaman and Nicobar Islands. The intent of this Bill is to provide legislative backing for introducing sports and physical education from first standard to twefth standard in all the schools of Andaman and Nicobar Islands. The young population and school going children of Andaman and Nicobar Islands have tremendous potential to become athletes in the future and bring laurels for the country in national and international events. The inclusion of sports and physical education in schools of Andaman and Nicobar Islands will be a right step in this direction and lay a solid foundation for creating awarness about importance of sports amongst the school going students. Several countries across the world recognize the importance of blending sports and physical education in the education process. We need to encourage our children to build their character in a spirit of competition, through sports and healthy physical activities, as part of the learning process. Hence this Bill. NEW DELHI; KULDEEP RAI SHARMA 31 October, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 499 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the Central Government to provide free and compulsory sports and physical education to students from first standard to twelfth standard in schools of Andaman and Nicobar Islands. Clause 4 provided that the Central Government shall also formulate a policy to provide sports and physical education and ensuring requisite infrastructure development in all schools of Andaman and Nicobar Islands. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. At this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the Consolidated Fund of India. The Bill, if enacted, would involve a recurring expenditure of about rupees sixty crore per annum from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved.500 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 5 of the Bill empowers the Central Government to make rules for carrying out the purpose of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 501 BILL NO. 286 OF 2019 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called Constitution (Amendment) Act, 2019. Short title. 2. After article 239B of the Constitution, the following article shall be inserted, Insertion of namely:— new article 239C. 239C. (1) There shall be a Legislative Assembly for the Union territory of Andaman Special and Nicobar Islands and the total number of seats in the Legislative Assembly shall be provisions filled by members chosen by direct election from territorial constituencies in the Union with respect territory of A & NI. to Andaman and Nicobar (2) The total number of seats in the Legislative Assembly shall be forty. Islands.502 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) For the purposes of election to the Legisltive Assembly, the Union territory of Andaman and Nicobar Islands shall be divided into single-member assembly constituencies in such manner that the population of each of the constituencies shall, so far as precticable, be the same throughout the Union territory. (4) Seats shall be reserved for the Scheduled Tribes in the Legislative Assembly, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the Scheduled Tribes in the Union territory bears to the total population of the Union territory and the provisions of article 334 shall apply to such reservation. Explanation.— For the purpose of clause (4), the expression "population," means the population as ascertained in the last preceding census of which the relevant figures have been published: Provided that where such figures have not been published, then for the purpose of election for the constitution of the first Legislative Assembly under this Act, the provisional figures of the population of the Union territory as published in relation to the 2011 census shall be deemed to be the population of the Union territory. (5) The provisions of article 324 to 327 and 329 shall apply in relation to the Union Territory of Andaman and Nicobar Islands, the Legislative Assembly of Andaman and Nicobar Islands and the members thereof as they apply, in relation to a State, the Legislative Assembly of a State and the members thereof respectively. (6) (a) Subject to the provisions of this Constitution, the Legislative Assembly shall have power to make laws for the whole or any part of the Union Territory of Andaman and Nicobar Islands with respect to any of the matters enumerated in the State List or in the Concurrent List in so far as any such matter is applicable to Union territories. (b) Nothing in sub-clause (a) shall derogate from the powers of Parliament under this Constitution to make laws with respect to any matter for a Union territory or any part thereof. (c) If any provision of a law made by the Legislative Assembly with respect to any matter is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly, or of an earlier law, other than a law made by the Legislative Assembly, then, in either case, the law made by Parliament, or , as the case may be, such earlier law, shall prevail and the law made by the Legislative Assembly shall, to the extent of the repugnancy, be void: Provided that if any such law made by the Legislative Assembly has been reserved for the consideration of the President and has received his assent, such law shall prevail in the Union territory: Provided further that nothing in this sub-clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly. (7) There shall be a Council of Ministers consisting of not more than fifteen per cent. of the total number of members in the Legislative Assembly, with the Chief Minister at the head to aid and advise the Lieutenant Governor in the exercise of his functions in relation to matters with respect to which the Legislative Assembly has power to make laws, except in so far as he is, by or under any law, required to act in his discretion: Provided that in the case of difference of opinion between the Lieutenant Governor and his Ministers on any matter, the Lieutenant Governor shall refer it to the President for decision and act according to the decision given thereon by the President and pending such decision it shall be competent for the Lieutenant Governor in any case where the matter, in his opinion, is so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 503 (8) The Chief Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the President. (9) The Council of Ministers shall be collectively responsible to the Legislative Assembly. (10) Parliament may, by law, make provisions for giving effect to, or supplementing provisions contained in the foregoing clauses and for all matter incidental or consequential thereto. (11) Any such law as is referred to in sub-clause (a) shall not be deemed to be an amendment of this constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this constitution.504 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Andaman and Nicobar Administration currently works under the Lt. Governor who is appointed by the President of India. Andaman and Nicobar Islands currently have only one Member of Parliament in House of the People and no representation in the Council of States. The creation of a Legislature in Andaman and Nicobar Islands has been a long standing demand and was also raised during the Home Ministry Advisory Committee meeting for Andaman and Nicobar Islands on 28th July, 2017. The Andaman and Nicobar Islands are situated in the middle of the Bay of Bengal and have been appropriately described by a Roman geographer in the second century as the Islands of Good Fortune. Andaman and Nicobar Islands have been blessed with exotic fauna and flora-brilliant tropical flowers, orchids, hundreds of species of birds, mammals, reptiles and the like-the place also came to be known as a living museum on earth. Some of the inhabitants are the oldest tribal communities in the world, their antiquities said to be going back to Paleolithic times. The population of these islands in 1971 was 1.15 lakh but now estimated population is about 4.2 lakh. Andaman and Nicobar Islands also occupies a unique place from the point of view of defence. Andaman and Nicobar Islands is a place of pilgrimage for every Indian. During the freedom struggle also people were deported. This Bill is in furtherance of the demand for a separate Legislature for Andaman and Nicobar Islands to achieve national integrity which can fulfilled after considering the local aspirations, reasonable and legitimate aspirations of the people of Andaman and Nicobar Islands. There is an imminent need to take cognizance of the growing demands and aspirations of the people of Andaman and Nicobar Islands. Due to increasing population, the people of Andaman need to have a proper forum to express themselves or to have a rule of their own through the people's mandate. Their demand for a forum to express themselves and to have a rule of their own is a highly justified demand. So, through this Bill a democratic setup in the form of a Legislature for Union territory with constitutional powers is proposed. Having a Legislature, Chief Minister & Council of Ministers for Andaman and Nicobar Islands. The need of the hour is to give a voice to the people of Andaman and Nicobar Islands and accept their long pending demand. The creation of a Legislature will be a right step to lay the foundation of democracy and rule of law in the Andaman and Nicobar Islands. Hence this Bill. NEW DELHI; KULDEEP RAI SHARMA October 31, 2019. ———— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for creation of Legislative Assembly for the Union territory of Andaman and Nicobar Islands. It further provides for appointment of Council of Ministers to be headed by a Chief Minister to aid and advise the Lieutenant Governor. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. At this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the Consolidated Fund of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 505 BILL NO. 240 OF 2019 A Bill to provide for reservation in Government establishments in Andaman and Nicobar Islands for residents of Andaman and Nicobar Islands to improve their standard of living through employment and for matters connected or incidental thereto. WHEREAS clause (3) of article 16 of the Constitution enables the Parliament to make any law prescribing the requirement of residence within a State or Union territory in regard to a class or classes of employment or appointment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory. AND WHEREAS and clause (1) of article 38 of the Constitution, the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of the national life.506 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, 1.(1) This Act may be called the Reservation of Posts in Government Establishments extent and of Andaman and Nicobar Islands Act, 2019. commencement. (2) It extend to the whole of Union territory of Andaman and Nicobar Islands. (3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "government establishment" means an establishment located in Andaman and Nicobar Islands which is owned, established, controlled, managed or financed by the Central Government and includes— (i) a Ministry or department or subordinate office or attached office of the Central Government; (ii) a public sector undertaking or statutory authority constituted under any Central Act; (iii) a corporation in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government; (iv) a Government company as defined under clause (45) of section 2 of the Companies Act, 2013; and (v) a department functioning under the control of the Andaman and Nicobar Administration. (b) "local candidate" means a candidate who belongs to the Scheduled Tribes or the Other Backward Class of the Union territory of Andaman and Nicobar Islands, any other who has resided in the Union territory of Andaman and Nicobar Islands for at least ten years and holds a valid domicile certificate prior to the commencement of this Act; and (c) "prescribed" means prescribed by rules made under this Act. Reservation 3. (1) Notwithstanding anything contained in any judgment, decree or reservation for order of any court or other authority and having regard to the inadequate representation of appointment local candidates residing in Andaman and Nicobar Islands who constitute the majority of the or posts in total population of the Union territory of Andaman and Nicobar Islands, the reservation for Government Establishments appointment or posts in government establishments for the local candidates shall be hundred for the Local per cent.: Candidates of Andaman and Provided that where qualified or suitable local candidates are not available, the Nicobar Government establishment shall, within three years, take appropriate steps to train and Islands. engage local candidates in such manner as may be prescribed. (2) Every vacancy reserved for local candidates under sub-section (1) shall be filled only be local candidates in such manner as may be prescribed. Liaison Officer 4. (1) Every Government establishment shall designate an officer of such rank, as may to ensure be prescribed, to function as a liaison officer for the purpose of ensuring that the provisions implementations of this Act or the rules made thereunder are not contravened. of the Act. (2) The liaison officer shall, from time to time, inspect and verify the documents, records and reports with respect to appointment of local candidates made by the appointing authority by direct recruitment or promotion. (3) Where the liaison officer is satisfied that any establishment has contravened the provisions of this Act or the rules made thereunder or any directon or instruction issued, he shall submit a report of such contravention to the head of the establishment.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 507 (4) On receipt of the report of contravention under sub-section (3), the head of establishment shall take such disciplinary action against the person responsible for such contravention as may be prescribed. 5. Every Government establishment, shall maintain documents and records, and furnish Maintenance every year a report on the appointments of the local candidates made by direct recruitment of records. and promotion to the Central Government in such manner and at such time, as may be prescribed. 6. (1) Whoever intentionally,— Penalty. (i) makes a false claim that he is a local candidate; or (ii) issue a false domicile certificate during the recruitment process; shall be liable for punishment for a term, which may extend to three years. (2) Where the Liaison Officer designated under section 4 intentionally breaches any of the provisions of this Act, he shall be liable for disciplinary action under the appropriate service rules. 7. The provisions of this Act shall have effect notwithstanding anything inconsistent Overriding therewith contained in any other law for the time being in force or anything contained in any effect of the Act. judgment of any court of law contrary to it including judgment regarding ceiling on reservation. 8. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of the Act. make rules. (2) Every rule made under this Act 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.508 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The aspect of job reservation relies upon Government intervention into the labour relations area in order to promote the rights of some particular portion of the population. The original reservation was contemplated for twenty years and it is still going strong. The whole basis of reservation is an affirmative action i.e. to treat people who are fundamentally unequals as equals. Such an action is necessary for SCs, STs, OBCs, on the basis of thousands of years of discrimination they faced, but it should become a way to fulfil employment assurances of the local people. There are currently 8000 to 10000 vacancies in Government post in Andaman & Nicobar Administration. The current process of recruitment to Government post in Andaman & Nicobar Islands Administration is done through online method. However because of poor internet and broadband connectivity in the islands, the locals are unable to participate in the process and the same is taken by residents of other States. Unemployment is on the rise in Andaman & Nicobar Islands as due to lack of reservation for locals & online recruitment, the residents are unable to secure employment under Government establishment. The Bill proposes to reserve hundred percent jobs for local candidates which include a candidate who belongs to the Scheduled Tribes and Other Backward Class (OBC) of the Union Territory of Andaman or any other who has resided in the Union Territory of Andaman & Nicobar Islands for at least ten years and holds a valid domicile certificate before the commencement of this Act. The Bill intends to provide legislative backing to residence based reservations for locals of Andaman & Nicobar Islands who have resided in the islands for at least ten years. The rationale behind this Bill is to tackle the menace of unemployment which has seen a rise due to implementation of online recruitment. Through 100 percent reservation for local candidates, the rising unemployment can be addressed as the locals will be entitled to post under the Government as per his qualification. The Bill also has penal provisions to regulate any wrong doing through fake certificates and claims for availing reservations meant for deserving local candidates. Further, it also has a provision to designate a liaison officer in every Government establishment who shall be responsible for ensuring that the provisions of the act are administered as per rules and in a fair manner. The Bill seeks to provide adequate opportunities to locals of Andaman and Nicobar Islands who don't have sufficient representation in Government establishments. This Bill will encourage the residents of Andaman and Nicobar Islands to apply for recruitments in Government post and it will facilitate the development of the islands as reservation for locals will aid in increasing the standard of living of the local candidates. Hence this Bill. NEW DELHI; KULDEEP RAI SHARMA October 31, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 509 FINANCIAL MEMORANDUM Clause 3 of the Bill provides that where qualified or suitable local candidates are not available, the Government establishment within three years shall take appropriate steps to train and engage local candidates. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees ten crore will be involved per annum from the Consolidated Fund of India. A non-recuring expenditure of about rupees twenty crore is also likely to be involved.510 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 3 of the Bill provides that the vacancy reserved for local candidates shall be filled in such manner as may be prescribed by rules. Clause 4 provides that on receipt of the report of contravention under sub-section (3), the head of establishment shall take such disciplinary action against the person responsible for such contravention as may be prescribed by rules. Clause 5 provides appointing authority, shall maintain documents and records, and furnish every year a report on the appointments of the local candidates made by direct recruitment and promotion to the appropriate Government in such manner and at such time, as may be prescribed. Clause 8 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 511 BILL NO. 255 OF 2019 A Bill to provide for the constitution of a Special Drinking Water and Irrigation Development Fund for supply of drinking water and developing irrigation facilities in the dark zone areas and for matters connected therewith. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Special Drinking Water and Irrigation Development Short title Fund (for Dark Zone Areas) Act, 2019. 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) 'dark zone area' means any district, town, village or tehsil where the groundwater is lower than the average level and has been declared as the dark zone area by the State Government concerned or the Central Government, as the case may be;512 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) 'Fund' means the Special Drinking Water and Irrigation Development Fund constituted under section 3; and (c) 'prescribed' means prescribed by rules made under this Act. 3. (1) The Central Government shall constitute a Fund to be known as the Special Special Drinking Drinking Water and Irrigation Development Fund for the supply of drinking water and Water and development of irrigation facilities in dark zone areas. Irrigation Development (2) The Central Government shall, from time to time, after due appropriation made by Fund. Parliament by law in this behalf, contribute such sums of money, fund as may be necessary, to carry out the purposes of this Act. State 4. (1) A State Government or Union territory Administration, as the case may be, Government/ shall forward to the Central Government the details of the required infrastructure and the Union estimated cost for supply of drinking water and the development of irrigation projects in territory the dark zone areas falling in their respective territories, in such form and manner, as may Administration to send be prescribed. details of the infrastructure (2) The Central Government on receipt of such details, shall release Funds to the State and cost Government or the Union territory Administration, as the case may be, for the development required for of drinking water and irrigation facilities in the dark zone areas in such manner as may be the prescribed. development of drinking (3) The funds provided under sub-section (2) shall be used for the following purposes water and in dark zone areas:— irrigation facility in (i) expeditious completion of ongoing drinking water and irrigation projects; dark zone areas. (ii) construction of small ponds for the use of farmers and others; (iii) digging wells and bore wells; (iv) installing electric pumps for drinking water and irrigation facilities; (v) promoting use of simple and cost-effective techniques and institutional devices as may be prepared or put in place on the basis of local technical skill and materials available for the conservation of water; (vi) renovation of old ponds, wells and water reservoirs; (vii) afforestation along the banks of ponds, canals and water reservoirs; (viii) development of horticulture; (ix) rainwater harvesting in schools, Government buildings and private buildings; (x) conservation of natural drainage; (xi) development of meadows at the panchayat and village level; (xii) construction of canals and check dams; and (xiii) development of barren and desert land. (4) In case any State Government or the Union territory Administration fails to utilise the funds for the purposes it was released or fails to forward the details under sub-section (1), the Central Government shall withhold release of funds to such State Government or the Union territory Administration, as the case may be. Powers to 5. (1) The Central Government may, by notification in the Official Gazette, make rules make rules. for carrying out the provisions 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 whichSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 513 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.514 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS More than one third area of the country is riddled with geological water crisis. In certain parts of India, particularly in north-west India, the groundwater level is declining by four centimeter every year. These States include several areas of Rajasthan, Delhi, Haryana, Punjab and western Uttar Pradesh. Out of total 5,723 blocks in the country as many as 839 blocks have been pushed to the dark zone due to exploitation of groundwater. The condition of 226 blocks is critical whereas 550 blocks is semi-critical. The States of Punjab, Haryana, Rajasthan, Andhra Pradesh and Tamil Nadu are facing severe water crisis. Even the States of Uttar Pradesh, Uttarakhand, West Bengal, Gujarat and Kerala are not exception to this. To look at it State-wise, in Tamil Nadu out of 385 blocks, 33 are in critical zone while 57 blocks are in semi-critical zone. In the State of Andhra Pradesh, out of 219 blocks, as many as 77 and 175 are in critical and semi-critical zones, respectively. In the State of Haryana, out of 113 blocks, 11 blocks are critical while 5 blocks are semi-critical. The State of Punjab is the worst hit where critical zone accounts for 5 blocks and semi-critical zone comprises 4 blocks out of 137 blocks. In the State of Rajasthan, water is not worth harnessing out of 236 blocks, as 164 blocks have been pushed to the excessive harnessing zone and 34 blocks have reached the critical stage. In the year 1984, the level of groundwater in 203 blocks was not alarming but in the year 2015, the number of secured blocks have come down to 30. The increase in the spread of dark zone areas is largely attributed to excessive harnessing of groundwater. It is expedient and necessary to tap maximum amount of rainwater to tackle such horrific situation. The water table is continuously declining and is reaching the alarming scale in dark zone area. The State Governments are facing funds crunch to do the needful or even make proper arrangements for drinking water in these areas. Therefore, there is a need to constitute a Fund for rainwater harvesting, development of irrigation facility and providing safe drinking water to persons residing in the dark zone areas. Hence this Bill. NEW DELHI; DEVJI M. PATEL November 6, 2019. ———— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the constitution of Special Drinking Water and Irrigation Fund for providing requisite funds for making available potable water and water for irrigation purposes in the dark zone areas. Clause 4 provides for the release of funds to the State Governments for making available drinking water and developing of irrigation projects in the dark zone areas. The Bill, therefore, if enacted, will involve recurring annual expenditure of five thousand crore rupees from the Consolidated Fund of India. A non-recurring expenditure of about one thousand crore rupees is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 5 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As 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 515 BILL NO. 82 OF 2020 A Bill to regularise the services and introduce performance and bonus linked to inflation of wages of Anganwadi Workers and for matters connected therewith or incidental thereto. BE it enacted by the Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Anganwadi Workers (Regularisation of Service and Short title, Welfare) Act, 2020. extent and commence- (2) It extends to the whole of India. ment. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.516 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this Act, unless the context otherwise requires,— (a) "anganwadi worker" means a women employed to provide additional and supplementary healthcare and nutritional services to children and pregnant women under the Integrated Child Development Services Scheme (ICDS Scheme); (b) "appropriate Government" means in the case of a State or a Union territory having legislature, the concerned State Government or the Union territory Government, as the case may be, and in all other cases, the Central Government; and (c) "prescribed" means prescribed by rules made under this Act. Appropriate 3. The appropriate Government shall, through the concerned Ministry, take all such Government steps as may be necessary to regularize the services of persons currently employed as to take steps Anganwadi Workers and helpers and confer the status of permanent Government employee to regularize the services of on such workers and helpers. Anganwadi workers and helpers. Determination 4. (1) The appropriate Government shall determine the wages payable to Anganwadi of wages of Workers and helpers in such manner as may be prescribed: Anganwadi workers. Provided that the wages to be paid to Anganwadi workers and helpers shall be linked to performance of such Anganwadi workers and helpers and to market inflation: Provided further that the appropriate Government shall undertake a revision of the wages to be paid to Anganwadi workers and helpers every two years. (2) For the purpose of determining performance linked wages under sub-section (1), the appropriate Government shall— (a) expand the ambit of the role of an Anganwadi Workers to include activities undertaken to organize health camps, spread awareness on healthcare, education, sanitation and such other services that may be discharged by the Anganwadi workers; and (b) determine the additional amount other than wages payable for each such task undertaken by the Anganwadi Workers: Provided that any additional work undertaken by the Anganwadi Workers due to vacancies in the posts of supervisors, workers or helpers shall be a relevant factor in the computation of additional amount other than wages payable to such Anganwadi workers and helpers. Appropriate 5. The appropriate Government shall undertake to fill the existing vacancies in post of Government Anganwadi workers and helpers within two months from the date on which such post to fill becomes vacant. vacancies. Savings. 6. The provision of this Act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force. Power to 7. (1) The Central Government shall, by notification in the Official Gazette, make rules make rules. for carrying out all purposes of this Act ensuring the service status and welfare of the Anganwadi workers. (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 aforesaid both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rules 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 or anything previously done under that rule.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 517 STATEMENT OF OBJECTS AND REASONS Anganwadi Workers are the backbone of the Indian healthcare and education system in rural and remote areas. These workers are responsible for the early childhood healthcare for new-born and for pregnant and lactating mothers. The pre-natal and post-natal care provided to women is extremely vital for the health of both the child and the mother. In addition to this indispensable role, Anganwadi Workers also play the role of Auxiliary Nurse Midwife and are also enrolled for other activities like surveying the success of Integrated Child Development Services Scheme (ICDS), awareness and health camps for cancer, and non-ICDS work such as panchayat and election work. This puts considerable work pressure on the workers who currently are hired on a contractual basis. Today in India, every fifty out of thousand children die before the age of five. Nearly thirty-six per cent. children under the age of five are underweight as per the National Family Health Survey-4. Only half the women who gave birth had four or more ante-natal care visits. Even as the Government has attempted to make the provision of ante-natal care, immunization and nutritional care popular in the rural areas, the efforts are contingent on the active participation of the workers. It is necessary to create incentives for them, which makes them an active stakeholder in the dispensation of universal healthcare and nutrition. It is thus proposed to introduce a performance-based wages system which shall be linked to inflation. This will ensure that the purchasing power of the workers keeps up with the rise in the prices of goods and services. A factor that adds to the work pressure is the existing vacancies in the posts of supervisors, workers and helpers. The need is to make provision to mandate the authorities to fill the posts within two months from when such vacancy arises. Hence this Bill. NEW DELHI; UNMESH BHAIYYASAHEB PATIL February 17, 2020518 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the regularization of services for Anganwadi Workers by the appropriate Government. Clause 4 provides that the wages shall be performance based and indexed to market inflation. Clause 5 mandates the appropriate Government to fill vacancies within two months from when such vacancies arise. The expenditure in respect of States will be met from the respective Consolidated Fund of State and expenditure in respect of Union territories shall be met out of Consolidated Fund of India. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. A recurring expenditure of about rupees fifty thousand crore is likely to be involved per annum from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 7 of the Bill empowers the Central Government to make rules for carrying out the purpose 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 519 BILL NO. 319 OF 2019 A Bill further to amend the Food Safety and Standards Act, 2006. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Food Safety and Standards (Amendment) Act, 2019. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 34 of 2006. 2. In section 50 of the Food Safety and Standards Act, 2006 (hereinafter referred to as Amendment the principal Act),— of section 50. (a) for the words "not exceeding five lakh rupees", the words "not less than five lakh rupees" shall be substituted; and (b) in the proviso, for the words "not exceeding twenty five thousand rupees", the words "not less than twenty-five thousand rupees" shall be substituted.520 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of 3. In section 51 of the principal Act, for the words "shall be liable to penalty which may section 51. extend to five lakh rupees", the words "shall be liable to imprisonment which may extend to six months and also with penalty which may extend to ten lakh rupees" shall be substituted. Amendment of 4. In section 52 of the principal Act, in sub-section (1), for the words "shall be liable to section 52. penalty which may extend to three lakh rupees", the words "shall be liable to imprisonment which may extend to three months and also penalty which shall not be less than five lakh rupees" shall be substituted. Amendment of 5. In section 53 of the principal Act, in sub-section (1), for the words "shall be liable to section 53. a penalty which may extend to ten lakh rupees", the words "shall be liable to imprisonment which may extend to two years and also a penalty which shall not less than ten lakh rupees" shall be substituted. Amendment of 6. In section 54 of the principal Act, for the words "shall be liable to a penalty which section 54. may extend to one lakh rupees", the words "shall be liable to imprisonment which may extend to three months and also with penalty which may extend to ten lakh rupees" shall be substituted. Amendment of 7. In section 55 of the principal Act, for the words "shall be liable to a penalty which section 55. may extend to two lakh rupees", the words "shall be liable to imprisonment which may extend to three years and also with penalty which may extend to ten lakh rupees" shall be substituted. Amendment of 8. In section 56 of the principal Act, for the words "shall be liable to a penalty which section 56. may extend to one lakh rupees", the words "shall be liable to imprisonment which may extend to six month and also with penalty which may extend to five lakh rupees" shall be substituted. Amendment of 9. In section 57 of the principal Act, in sub-section (1),— section 57. (a) in clause (i), for the words "to a penalty not exceeding two lakh rupees", the words "to imprisonment which may extend to six months and also with penalty which may extend to ten lakh rupees" shall be substituted; and (b) in clause (ii), for the words "to a penalty not exceeding ten lakh rupees", the words "to imprisoment which may extend to seven years and also with penalty which may extend to one crore rupees" shall be substituted. Amendment of 10. In section 58 of the principal Act, for the word "two lakh rupees", the words "five section 58. lakh rupees" shall be substituted. Amendment of 11. In section 59 of the principal Act,— section 59. (a) in clause (i), for the words "six months and also with fine which may extend to one lakh rupees", the words "three years and also with fine which may extend to five lakh rupees" shall be substituted; (b) in clause (ii), for the words, "one year and also with fine which may extend to three lakh rupees", the words "five years and also with fine which may extend to ten lakh rupees" shall be substituted; (c) in clause (iii), for the words, "six years and also with fine which may extend to five lakh rupees", the words "ten years and also with fine which may extend to fifteen lakh rupees" shall be substituted; and (d) in clause (iv), for the words, "with imprisonment for a term which shall not less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees", the word "with death, or imprisonment for life, and also with fine which may extend to fifty lakh rupees" shall be substituted. Amendment of 12. In section 60 of the principal Act, for the word "shall be punishable with section 60. imprisonment for a term which may extend to six months and also with a fine which may extend to two lakh rupees", the words "shall be punishable with imprisonment for a term which may extend to three years and also with a fine which may extend to fifteen lakh rupees" shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 521 13. In section 61 of the principal Act, for the words "shall be punishable with Amendment of imprisonment for a term which may extend to three month and also with fine which may section 61. extend to two lakh rupees", the words "shall be punishable with imprisonment for a term which may extend to one year and also with a fine which may extend to five lakh rupees" shall be substituted. 14. In section 62 of the principal Act, for the words "shall be punishable with Amendment of imprisonment for a term which may extend to three month and also with a fine which may section 62. extend to one lakh rupees", the words "shall be punishable with imprisonment for a term which may extend to two years and also with a fine which may extent to five lakh rupees" shall be substituted. 15. In section 63 of the principal Act, for the words "shall be punishable with Amendment of imprisonment for a term which may extend to six month and also with a fine which may extend section 63. to five lakh rupees", the words "shall be punishable with imprisonment for a term which may extend to three years and also with a fine which may extend to twenty five lakh rupees" shall be substituted. 16. In section 65 of the principal Act, in sub-section (1),— Amendment of section 65. (i) in clause (a), for the words "five lakh rupees", the words "twenty-five lakh rupees" shall be substituted; (ii) in clause (b), for the words "three lakh rupees", the words "fifteen lakh rupees" shall be substituted; and (iii) in clause (c), for the words "one lakh rupees", the words "five lakh rupees" shall be substituted. 17. After section 67 of the principal Act, the following sections shall be inserted, Insertion of namely:— new section 67A, 67B, 67C and 67D. "67A. In every case, of an offence punishable with imprisonment as well as fine, Sentence of in which the offender is sentenced to a fine, whether with or without imprisonment, imprisonment for non- and in every case of an offence punishable with imprisonment or fine, or with fine only, payment of in which the offender is sentenced to a fine, it shall be competent to the Court which fine. sentences such offender to direct by the sentence that, in default at payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. 67B. The term for which the Court directs the offender to be imprisoned in Extension of default of payment of a fine shall not be less than one-half of the term of imprisonment imprisonment for non- which is the maximum fixed for the offence, if the offence be punishable with payment of imprisonment as well as fine. fine. 67C. Where the offence is punishable with fine only, the imprisonment which the Imprisonment Court imposes in default of payment of the fine shall be proportional to the fine. for non- payment of fine when offence punishable with fine only. 67D. The imprisonment which is imposed in default of payment of a fine shall Imprisonment terminate whenever that fine is either paid or levied by process of law.". to terminate on payment of fine.522 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Food adulteration is a wide spread problem in our country, however, it fails to attract attention proportional to the magnitude of threat it poses. Past instances have left thousands with chronic health problems often resulting in complete inability to work, sometimes even death. Several Commissions and Panels (including the B.S. Chauhan panel set up by the Hon'ble Supreme Court) have called for stricter provisions to prevent food adulteration. The Law Commission has also recommended amendment to Indian Penal Code i.e. sections 272 (dealing with adulteration of food and drinks) and 273 (dealing with the sale of noxious food and drinks) for making it a much serious offence. Food adulteration, which is an act (incidental or intentional) of adding chemicals or any unrequired extraneous materials that makes it unfit for consumption, is so prevalent that the FSSAI in its survey found twenty five per cent, of the food samples unsafe for human consumption. Basic items like milk and cooking oil were the most adulterated. This poses a massive threat to India at a time when it is on the verge of reaping benefits of its demographic dividend. India cannot afford to compromise on the health of its citizens, especially children, and therefore it imperative to strengthen the Food Safety Standards Act, 2006. The Bill seeks to amend the Food Safety Standards Act, 2006 to introduce graver punishments and penalties for offenders. It also introduces death penalty for offenders who manufacture, store or sell adulterated food which results in death of the consumer. The Bill also enhances the amount of penalties up to rupees fifty lakhs and amount of compensation to rupees twenty-five lakhs. An act of food adulteration has the potential of taking lives, we shall ensure that the magnitude of the punishment be such that it can deter such heinous acts. Hence this Bill. NEW DELHI; PARVESH SAHIB SINGH November 6, 2019 —————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 523 BILL NO. 349 OF 2019 A Bill to disqualify persons of foreign origin from holding offices of public importance and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER 1 PRELIMINARY 1. This Act may be called the Disqualification of Persons of Foreign Origin Act, 2019. Short title. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "Birt Certificate" means the certificate issued by the Registrar of Births and deaths or the Municipal Corporation or any other prescribed authority, whosoever has 18 of 1969. been empowered under the Registration of Births and deaths Act, 1969 to register the birth of a child born in India:524 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Provided that for persons born on or after 26th January, 1989, Birth Certificate issued by the Municipal Authority or the Office of the Registrar of Births and Deaths only shall be acceptable: Provided further that the Birth Certificate shall contain the name of child, name of the father and the mother, date of birth, place of birth, sex, registration number and date of registration; (b) "naturally born Indian" means a person who is born within the territory of India and includes persons born in undivided British India on or before 15th August 1947; (c) "office of public importance" means offices as defined in the Schedule to this Act; (d) "person of foreign origin" means a person,— (i) who is born outside the territory of India, or (ii) either of whose parents are not naturally born Indians: Provided that a person, whose mother at the time of delivery is temporarily travelling to a place outside India or who is legally adopted by a couple of naturally born Indians, shall not be considered as a person of foreign origin; and (e) "person of Indian origin" means a person who is not a person of foreign origin. CHAPTER II DISQUALIFICATIONS AND EFFECT Disqualification 3. A person of foreign origin shall be disqualified to be elected, nominated or designated of person of for holding an office of publice importance: foreign origin from holding Provided that a person of foreign origin, who is qualified to be elected, nominated or offices of public designated in any office except offices mentioned in the Schedule, shall not be disqualified importance. from holding such office. Burden of 4. The burden of proof shall be on the person being elected, nominated or designated Proof. to declare that he is not a person of foreign origin. Procedure. 5. (1) Every person who is elected, nominated or designated to hold an office of public importance shall at the earliest opportunity, or before contesting for such office, declare by way of an affidavit submitted to the concerned authority that such person is not a person of foreign origin. (2) For the purpose of proving the place of birth, the following identity proofs shall be acceptable— (a) passport, or (b) Birth Certificate, or (c) Date of birth certificate/School leaving certificate from the school last attended by the person or any other recognized educational institution, or (d) any other authorized and valid identity card mentioning the place of birth. Effect of 6. Notwithstanding anything in the aforementioned provisions, no provision of this citizenship. Act shall affect the citizenship of a person of foreign origin. CHAPTER III OFFENCES AND PUNISHMENT Misrepresen- 7. A person who provides, or aids, or abets in providing, false information about a tation. person of foreign origin shall be guilty of misrepresentation.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 525 8. A person guilty of misrepresentation shall be punished with imprisonment of either Punishment description for a term which may extend to seven years and with fine which may extend to for Misrepresen- tation. one crore rupee. 9. The provisions of this Act shall have effect notwithstanding anything inconsistent Act to have therewith contained in any other law for the time being in force or in any instrument having overriding effect of law by virtue of any law other than this Act. effect. 10. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.526 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SCHEDULE [see Section 2 (C) ] 'Office of public importance' shall include the following offices— 1. President of India; 2. Prime Minister of India; 3. Council of Ministers; 4. Chief Justice of the Supreme Court; 5. Judge of the Supreme Court; 6. Chief Justice of High Courts; 7. Judge of High Court; 8. Comptroller and Auditor General of India; 9. Election Commissioner of India; 10. Governor of Reserve Bank of India; 11. Chief of Defence Staff (COAS, CNS, CAS, CIDS); 12. Chief Ministers of States in India; and 13. Governor of States in India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 527 STATEMENT OF OBJECTS AND REASONS The Union of India traces its democratic roots from its glorious freedom struggle against the shackles of colonial regime. One key principle of India's independence movement was the idea of Swaraj. Despite the varying conception of Swaraj among our freedom fighters, the idea of self governance remained the nucleus of the principle. Historically, India has been marred by foreign conquests which did not only rule it politically and economically but also altered it culturally. It is for this reason that the idea of Swaraj is one of the most cherished fruits of India's freedom struggle. Post-Independence, despite its bitter history of imperialism, India never showed signs of resentment against its western colonizers. This stems out of its civilizational ethos of Vasudhaiva Kutumbakam i.e. whole world is a family. India has not only developed strong cultural relations with different nations and societies but has also given them a healthy space in its democratic society. Its Constitution also provides equal rights to every person irrespective of creed, race or nationality. Courts have interpreted the Indian Constitution in a way by which an Indian citizen despite being of a foreign origin can hold powers of the State. This interpretation goes against the revered idea of Swaraj. The conventional approach throughout the world has always been to entrust State power only in the hands of natural born persons, as such, persons born with the genes of the country of birth. A prime example is the United States which reserves the office of President for ‘a natural born citizen’. Political system in a democratic State is a crucial mean for realization of the civilizational ideals and goals. This can be better served when persons in control of State power are people who have their roots in the society. The democratic values of a nation as well as goals and aspirations of its people are best looked after by a person having roots in the society. This Bill provides for disqualification of persons of foreign origin, who do not have root in the society, from holding any post of public importance. Persons who are not natural born Indian and either of whose parent is not a natural born citizen of India are persons who cannot be entrusted with positions that determine the future of India. Further, this Bill seeks to legally realize the ideals of Swaraj that has been cherished since the time of freedom struggle. Hence this Bill. NEW DELHI; PARVESH SAHIB SINGH November 6, 2019.528 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 this Act. 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 529 BILL NO. 321 OF 2019 A Bill further to amend the Mahatma Gandhi National Rural Employment Guarantee Act, 2005. BE it enacted by Parliament in the Seventieth 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, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.530 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment 2. In section 22 of the Mahatma Gandhi National Rural Employment of section 22. Guarantee Act, 2005 (hereinafter referred to as the principal Act), in sub-section (1), after 42 of 2005. clause (a), the following proviso shall be inserted, namely:—. ‘‘Provided that in case of engagement of unskilled manual worker for any agricultural operation or activity by a farmer, seventy-five per cent. wages shall be paid by the Central Government and the remaining twenty-five per cent. by the State Government concerned in accordance with the minimum wages for agricultural labour in the respective State.’’ Amendment 3. In Schedule I of the principal Act, in para 1B, after sub-para (x), the following sub- of the para shall be inserted, namely:— Schedule I. ‘‘(xa) agricultural operations or activities by unskilled workers;’’.’’SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 531 STATEMENT OF OBJECTS AND REASONS The Mahatma Gandhi National Rural Employment Guarantee (MGNREGA) Scheme formulated under the MGNREG Act, 2005, has seen success in achieving its objective of providing one hundred days of guaranteed employment to unskilled manual workers in rural areas in India. This has resulted in an unforeseen consequence to the detriment of farmers and the agricultural industry. It is seen that workers are unavailable for agricultural activities during the peak periods that are ripe for sowing and harvesting. The inconvenience to farmers is owed to the fact that labour is a limited resource, and workers engaged in activities currently under the MGNREG Scheme i.e. non-agricultural activities. Farmers who employ such labour otherwise have raised demands to ensure availability of agricultural labour. The inclusion of agricultural activities under the ambit of the MGNREG Scheme will result in security of employment and income for agricultural labourers, as well as provide labour resources to the agricultural sector during the months which are suited for carrying out specific agricultural activities. Hence this Bill. NEW DELHI; UNMESH BHAIYYASAHEB PATIL November 6, 2019.532 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for engagement of unskilled manual work to any agricultural operation or activity by a farmer under the Mahatma Gandhi National Rural Employment Guarantee (MGNREGA) Scheme. It also provides for payment of seventy-five per cent. of wages by the Central Government and the remaining twenty-five per cent. by the State Government concerned. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. A recurring expenditure of about rupees fifty thousand crore per annum is likely to be involved. No non-recurring expenditure is likely to be involved. —————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 533 BILL NO. 355 OF 2019 A Bill to prevent arbitrary sealing of properties in unauthorised manner in NCT of Delhi and to dissolve and replace the monitoring committee set up by the Hon'ble Supreme Court by a Special Task Force and to establish a committee to review all the sealing done by the monitoring committees and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Delhi Prevention of Sealing Act, 2019. Short title, extent and (2) It extends to whole of Delhi. commencement.534 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any reference in any such provisions to the commencement of this Act shall be construed as a reference to the coming into force of that provision. Definitions. 2. In this Act, unless the context otherwise requires,— (a) "Delhi" means the entire area of the National Capital Territory of Delhi except the Delhi Cantonment as defined in clause (11) of section 2 of the Delhi Municipal Corporation Act, 1957; (b) "encroachment" means unauthorised occupation of Government land or public land by way of putting temporary, semi-permanent or permanent structure for residential use or commercial use or any other use; (c) "local authority" means the Delhi Municipal Corporation established under the Delhi Municipal Corporation Act, 1957 or the New Delhi Municipal Council established under the New Delhi Municipal Council Act, 1994 or the Delhi Development Authority established under the Delhi Development Act, 1957 legally entitled to exercise control in respect of the areas under their respective jurisdiction; (d) "Monitoring Committee" means the committee appointed by the Hon'ble Supreme Court vide its Order dated 24th March, 2006 in the case titled "M.C. Mehta v. UoI (2006) 3 SCC 429"; (e) "relevant law" means in case of— (i) the Delhi Development Authority, the Delhi Development Act, 1957; (ii) the Municipal Corporation of Delhi, the Delhi Municipal Corporation Act, 1957; and (iii) the New Delhi Municipal Council, the New Delhi Municipal Council Act, 1994; (f) Special Task Force (STF) refere to the body constituted under section 3; and (g) 'Sealings Review Committee' refers to the body constituted under section 5; (h) "unauthorised development" means use of land or use of building or construction of building carried out in contravention of the sanctioned plans or without obtaining the sanction of plans, or in contravention of the land use as permitted under the Master Plan or Zonal Plan or layout plan, as the case may be, and includes encroachment. CHAPTER II COMMITTEES Constitution 3. (1) The Central Government shall, by notification, constitute a body known as of the Special Special Task Force to exercise the powers conferred on, and to perform the functions assigned Task Force. to it under this Act. (2) The Special Task Force shall be a body under the Delhi Development Authority, Ministry of Housing and Urban Affairs. (3) The Special Task Force may be the same body as established under the directions of the Hon'ble Supreme Court vide Order dated 24.04.2018 in M.C. Mehta v. UOI (2006) 3 SCC 429. Powers and 4. (1) The Special Task Force shall be entrused with the task to ensure action against Functions of encroachments, unauthorised constructions, traffic congestions, take measures for traffic Special Task management, disaster management and overlook the enforcement of relevant laws by local Force. authorities.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 535 (2) For the purpose of enforcement of relevant laws, the Special Task Force shall have the power to seal any property or premises being used in contravention of the relevant laws. (3) For the purpose of sealing, the Special Task Force shall follow the procedure laid down in section 5. (4) Subject to sub-section (1), the Central Government may, by notification in the Official Gazette, frame rules to enhance the functions of the Special Task Force. 5. (1) The Special Task Force shall follow the following procedure at the time of Procedure to sealing:— be followed by the Special (a) The Special Task Force, accompanied by the concerned municipal authority, Task Force. if necessary, shall visit the premises allegedly misused for unauthorized activity and shall videograph the unauthorized activity in the presence of the persons who are misusing the premises for unauthorized activity. (b) The Special Task Force shall ask to the persons misusing the premises for unauthorized activity to produce the permission or the licence to carry out such unauthorized activity. (c) If the persons on demand of the Special Task Force, produce permission or licence authorizing the activity being carried out in the premises, no action shall be taken against such person. (d) In case the persons are unable to produce any permission or licence, a forty- eight hours notice shall be given for providing an opportunity to obtain and produce the permission or licence as the case may be. (e) The Special Task Force shall, after forty-eight hours, visit the premises again and if the persons concerned produce the licence or permission, as the case may be, no further action shall be taken. (f) If the person concerned fails to produce any permission or licence, the premises shall be sealed due to the unauthorized misuse. (g) If the person shall incharge gives an undertaking that the misuse shall be stopped, then another forty-eight hours time shall be given for stopping the misuse and an affidavit shall be also filed by the person concerned before the Sealing Review Committee that no unauthorized activity shall be started. (h) The Special Task Force shall strive to complete the entire process of stoppage of unauthorized misuse within forty-eight hours, and in certain circumstances within ninty-six-hours. (2) The Central Government may by notification make appropriate changes to the rules mentioned herein for effective implementation of the relevant laws. 6. The Central Government shall by notification, constitute a body known as the Constitution Sealings Review Committee to exercise the powers conferred on, and to perform the functions of the Sealings assigned to it under this Act. Review Committee. 7. The Sealings Review Committee (SRC) shall consist of the following members, Composition namely:— of Sealings Review (a) The Members of Parliament from Delhi; Committee. (b) District Collectors; (c) Municipal Commissioners; (d) Representatives of Delhi Development Authority; and (e) Two Urban Planning experts with experience of not less than ten years.536 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Functions of 8. (1) The Sealings Review Committee shall review and reconsider all the sealings the Sealings undertaken at the instance of the Monitoring Committee and shall reapprove the sealing in Review accordance with the relevant laws. Committee. (2) Any person whose premises has been sealed at the instance of the Monitoring Committee may also approach the Sealings Review Committee after making a deposit of one thousand rupees. (3) Any person whose premises has been sealed at the instance of the monitoring committee and who has already filed an appeal before the appropriate statutory Appellate Tribunal or the Monitoring Committee, he may also approach the Sealings Review Committee for relief by depositing of one thousand rupees. CHAPTER III MISCELLANEOUS Status of 9. (1) On and from the date of commencement of this Act, all premises that have been Sealed sealed at the instance of the Monitoring Committee shall be de-sealed. Properties. (2) There shall be no permanent construction on the sealed property unless the property receives a clearance from the Sealings Review Committee. (3) Notwithstanding anything mentioned in this section, premises sealed by the Special Task Force shall not be de-sealed on and after the commencement of this Act. Dissolution 10. (1) The Monitoring Committee shall cease to exist upon the commencement of this of the Act. Monitoring Committee. (2) All members of the Monitoring committee shall be entitled to all benefits and pensions as are available to an officer of the rank of Joint Secretary.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 537 STATEMENT OF OBJECTS AND REASONS A variety of illegal activities are carried out in the capital city of Delhi with respect to industries established in residential or non-conforming areas as well as misuse of residential premises for other commercial purposes. Inaction on these activities has led to, among other things, massive traffic, outrageous levels of pollution, respiratory problems and possible damage to the brain of infants and children. The Hon'ble Supreme Court, cognizant of this problem, appointed a Monitoring Committee vide its Order dated 24.03.2006 in the case titled M.C. Mehta v. Union of India (2006) 3 SCC 429. The Monitoring Committee was entrusted with the task to oversee the implementation of the laws dealing with residential premises used for commercial purposes and was given the power to seal the offending premises. The Monitoring Committee, having been set up for more than thirteen years, sealed thousands of properties. However, the functioning of the Monitoring Committee has attracted severe criticism for its unfair and arbitrary method of sealing. The Committee, in most cases, does not give a prior notice of sealing to the occupier/in charge/owner of the sealed premises. Further, the aggrieved is denied the opportunity to provide any justification (oral or documentary) at the time of sealing. Thereafter, the aggrieved person, whose residential property has been sealed, is required to deposit a massive sum of one lakh rupees for an opportunity to appear before the Monitoring Committee. Alternatively, the aggrieved person is allowed to approach the statutory Appellate Tribunal which also involves huge cost and time. Therefore, there is a need to formulate procedure which respects our constitutional principles of fairness and non-arbitrariness. This Bill lays down a procedure where for all sealings, a forty-eight hour notice must be provided to the occupier/incharge/owner of the premises. A notice may also furnish affidavit swearing to end the commercial use of such property. Further, the premises will only be sealed in accordance with the relevant laws and by following the procedure set for under this Act. In addition to a fair procedure, the Bill also establishes a Sealings Review Committee for reassessing and reviewing all sealings undertaken at the instance of the Monitoring Committee. This Bill also seeks to dissolve the Monitoring Committee in favour of a Special Task Force formulated by the Central Government. Further, on the commencement of this Act, all sealings done at the instance of the Monitoring Committee shall be de-sealed, subject to approval from the Review Committee. Hence this Bill. NEW DELHI; PARVESH SAHIB SINGH November 6, 2019.538 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill seeks to provide for the constitution of a Special Task Force by the Central Government. Clause 6 seeks to provide for the constitution of a Sealing Review Committee by the Central Government. It also provides for payment of benefits and pensions to the members of the Monitoring Committee. Clause 10 provides for benefits and pensions to all members of the Monitoring Committee. The Bill, therefore, it enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that sum of rupees twenty lakh rupees may involve as recurring expenditure per annum. A non recurring expenditure of rupees ten lakh is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 4 of the Bill empowers the Central Government to frame rules to enhance the functions of the Special Task Force. Clause 5 empowers the Central Government to make appropriate changes to the rules for effective implementation of the relevant laws. 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 539 BILL NO. 236 OF 2019 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 Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Flood and Drought Control Act, 2019. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.540 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 of 3. (1) The Central Government shall, by notification in the Official Gazette, constitute the National a Board to be known as the National Flood and Drought Control Board to perform functions Flood and assigned to it under this Act. Drought Control Board. (2) The headquarter of the Board shall be at New Delhi and regional office at Gopalganj in the State of Bihar. (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 flood and drought; (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 measures incurred on as suggested by the Board shall be borne by the Central Government and the State implementation 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 of the Board to the Board: be implemented by the Central Provided that where it is felt that any recommendation cannot be implemented due to Government. any reason, the Central Government may, for reasons to be recorded in writing, inform the Board accordingly.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 541 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 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.542 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India is the land of many great rivers. 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 November 6, 2019.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 543 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. ————— 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. —————544 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 304 OF 2019 A Bill further to amend the Representation of People Act, 1951. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Short title, and 1. (1) This Act may be called the Representation of People (Amendment) Bill, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendments 2. In Section 62, of the Representation of People Act, 1951, for sub-section (5), the 43 of 1951. of section 62. following sub-section shall be substituted, namely:— "(5) No person shall vote at any election if he is confined in a prison under a sentence of imprisonment or transportation after being convicted: Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force or is in prison in police custody but has not yet been convicted.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 545 STATEMENT OF OBJECTS AND REASONS Voting has been defined as a "medium of expression" by the Supreme Court in PUCL & Ors. vs. Union of India (2013). The judgement suggests "The right to vote at the elections to the House of the People or Legislative Assembly is a constitutional right but not merely a statutory right; freedom of voting as distinct from right to vote is a facet of the fundamental right enshrined in article 19(1)(a)". Thus, denying a person a right to vote amounts to curtailing his/her freedom of expression. The Section 62(5) of Representation of People's Act, 1951 infringes upon the fundamental rights of every person who is lodged in a jail. It keeps convicts, undertrials and those in temporary police custody on the same pedestal. It is totally against the important tenet of the criminal justice system: "innocent until proven guilty". Consequently, even the persons who are still undergoing trial (more than sixty percent of those who are lodged in a prison) are denied their right to vote. Not allowing an undertrial to cast vote defeats the very freedom of expression and the right ensured in article 21 i.e., the right to liberty. Depriving a person who has not been found guilty from expressing his views through voting is a violation of the spirit and soul of the Constitution as well as the basic principle of equality, Ironically, those who are in jail are allowed to contest elections but they are not allowed to vote. Several countries, including Australia, Bulgaria, Costa Rica, France and South Africa allow undertrials and even some convicts (based on the seriousness of crime). India could also figure in this list of countries with progressive criminal justice laws, by providing voting rights to undertrials. A blanket ban on voting of every prisoner is extremely regressive. Being able to vote is a part of one's identity as an equal citizen. Stripping an 'ínnocent' person of this right is both constitutionally and morally wrong. The Bill, therefore, seeks to amend the Representation of People Act, 1951 with a view to recognize the right to vote for every undertrial prisoners who has not been convicted by any court. Hence this Bill. NEW DELHI; SUSHIL KUMAR SINGH November 6, 2019. —————546 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 58 OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Constitution (Amendment) Act, 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment 2. It article 21A of the constitution, for the words "fourteen years" the words "eighteen of article 21A. years" shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 547 STATEMENT OF OBJECTS AND REASONS The enactment of the 86th Constitutional Amendment Act and the Right of Children to Free and Compulsory Education Act, 2009 has contributed towards increased student enrollment at elementary level. Nationally, between the year 2009—2016, the number of students in the upper primary level increased by 19.4 percent. However, the school dropout rates at secondary and senior secondary levels are still concerning. One of the reasons for the dropout at secondary and senior secondary level is article 21A itself. Although, elementary education is a fundamental right under article 21A, the secondary and senior secondary education are out of its purview. The Bill, therefore, seeks to amend the constitution of India with a view to make right to secondary and senior secondary education a fundamental right. NEW DELHI; SUSHIL KUMAR SINGH January 21, 2020.548 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for free and compulsory education to all children upto the age of eighteen years by the State. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of rupees twenty thousand crore per annum would be involved from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 549 BILL NO. 34 OF 2020 A Bill to make eligible such doubtful voters in the State of Assam whose names appear in the Assam National Register of Citizens (NRC) final list to contest any election and cast vote at such elections and for matters connected therewith. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called as the Doubtful Voters in the State of Assam (Special Short title and Provisions) Act, 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires "doubtful voter" means a voter Definition. in Assam who could not provide evidence in favour of his Indian nationality and was marked with 'D' in the electoral roll to indicate doubtful status of his Indian nationality.550 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Doubtful 3. Every voter,— voters in the State of (i) who has been categorised as a doubtful voter in the State of Assam; and Assam to be eligible to (ii) whose name appears in the Assam National Register of Citizens (NRC) final contest and list published on 31 August, 2019, cast vote in elections. shall be eligible to contest any election and cast vote at such election, notwithstanding anything contained to the contrary in any other law, judgment, decree, rule or order in force in the State of Assam. Establishment 4. (1) The Central Government shall establish a Seva Kendra in every district in the of Seva State of Assam to settle cases where the name of a person does not appear in the Assam Kendras. NRC final list published on 31st August, 2019 but names of his family members do appear in such list. (2) The Seva Kendra shall be presided over the such Officer, not below the rank of Joint Secretary, as the Central Government may decide. (3) The Central Government shall appoint such numbers of Officers and Staff to the Seva Kendra as it deem necessary for carrying out the purposes of this Act. (4) The salary and allowances payable to and other terms and conditions of service of Officers and Staff of the Seva Kendra shall be such as may be prescribed by rules made under this Act. Power to 5. (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 551 STATEMENT OF OBJECTS AND REASONS The Government has released the final list of National Register of Citizens (NRC) in the State of Assam on 31st August, 2019. From the final list, it is observed that a number of citizens who were included in the doubtful voters section of the voters list in the State of Assam are appearing in the final NRC. The inclusion of such voters in the final NRC confirms that such voters are citizens of India and they are eligible for voting rights at elections. Therefore, it is necessary that such voters who are disenfranchised in the existing voters list should have their voters' right. Further, it is also observed that a large number of citizens whose family members have been included in the final NRC do not find a place in the list. Such persons whose family members are included in the final NRC should be given a chance to appeal before a Seva Kendras in the Districts where they can make their representations rather than referring their cases to the Foreigners Tribunal set up in the State. The Bill, therefore, seeks to abolish the doubtful voters list in relation to those citizens whose names are appearing in the National Register of Citizens final list issued on 31st August, 2019. Further establishing Seva Kendras for such persons the names of whose family members are appearing in the NRC will save trouble to a lot of persons who are genuinely citizens of India but for some reason or other are left out from the NRC. Hence this Bill. NEW DELHI; ABDUL KHALEQUE December 12, 2019.552 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 4 of the Bill provides for establishment of Seva Kendra in every district of State of Assam to settle cases where the name of a person does not appear in the Assam NRC final list published on 31 August, 2019 but names of his family members do appear in such list. It also provides for appointment of Officers and Staff to the Seva Kendra. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees seventy five crore will be involved per annum from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 5 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only the delegation of legislative power is of normal character. —————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 553 BILL NO. 45 OF 2020 A Bill to provide employment or means and resources for self-employment to at least one adult member of every family and for matters connected therewith. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Employment Act, 2020. 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) ‘‘Board’’ means the Employment Advisory Board constituted under section 5;554 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) ‘‘family’’ includes wife, husband and minor children; and (c) ‘‘prescribed’’ means prescribed by rules made under this Act. Central 3. The shall be the duty of the Central Government to provide gainful employment to Government atleast one adult member of every family. to provide employment. Grant of 4. Every unemployed person shall be entitled to receive monthly unemployment unemployment allowance at such rate as may be prescribed, till he is provided with gainful allowances. employment. Constitution 5. (1) The Central Government shall, by notification in the Official Gazette, constitute of a Board to be known as the Employment Advisory Board for carrying out the purposes of Employment this Act. Advisory Board. (2) The Board shall consist of,— (a) a retired Judge of the Supreme Court—Chairperson; (b) two representatives of the Central Government—Members; (c) one representative from Union Ministry of Labour and Employment— Member; (d) two persons having Knowledge and experience in labour laws— Members; (e) one representative from the National Institution for Transforming India (NIIT) Aayog—Members; (f) one woman having experience in the field of empowerment of women and children—Member; and (g) Director-General of Employment, Union Ministry of Labour and Employment—Member-Secretary, to be appointed by the Central Government in such manner as may be prescribed. (3) the Board shall meet thrice in a quarter of the year: Provided that the Chairperson may call for a meeting at any time in consultation with the Member-Secretary as and when the circumstances warrant so. (4) The salary and allowances payable to and other terms and conditions of service of Chairperson and members of the Board shall be such as may be prescribed. Functions of the 6. The Board shall,— Board. (a) identify fields and areas for generation of employment and forward the information to the Central Government; (b) collect data of unemployed persons in every district; (c) develop model for generation of self employment for unemployed youth; (d) develop model for providing skill development and vocational training to youth; (e) encourage businessmen for generation of employment; and (f) undertake such other measures for generation of self-employment for unemployed youth as it considers necessary.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 555 7. (1) The Central Government shall, by notification in the Official Gazette, Constitution constitute a Fund to be known as the Employment Fund for carrying out the purposes of of Employment this Act. Fund. (2) The Central Government and State Governments shall contribute to the Employment Fund in such ratio as may be prescribed. 8. The Central Government shall, on the recommendation of the Board, take steps to Promoting promote the interest of unemployed youth by providing employment or generating self- interest of unemployed employment, through various measures in such measure or may be prescribed. youth. 9. The Central Government shall provide all facilities or resources for self-employment Central to every family, where it is not possible to provide employment to atleast one dependent Government to provide member of that family. resources or facilities to dependent member of family. 10. The Central Government shall, after due appropriation made by Parliament Central by law in this behalf, provide requisite funds for carrying out the purposes of this Government to provide Act. funds. 11. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act by the Central Government shall be laid before each House of the Parliament, as soon as may be after it is made. While it is in session, for a total period of thirty days which may comprise in one session 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 such modification in the rule or both the Houses agree that the rule should not be made, the rule shall, as the case may be; however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.556 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS Unemployment is one of the biggest problems in India. Even after seventy-three years of Independence, we have not been able to meet the challenge of providing employment to the massive unemployed youth. Although our country has progressed in many fields; yet it has failed to improve the generation of employment and job opportunities. With two-thirds of 1.2 billion people in the age group of thirty-five years, India has the world's largest youth population, seeking a challenge and an opportunity. More than thirty per cent. of India's youth are unemployed. They are reeling under poverty. There are a large number of families where there is not even a single earning member and most of them earn their livelihood by labourary, domestic working as servants, bonded-labourers, etc. and majority of population lives below poverty line. Our country being a welfare State should take necessary steps to improve the living standard of the people and formulate schemes and plans to eradicate poverty from the country. The National Sample Survey Office (NSSO) round table was last held in the year 2011-12 and there is lot of confusion about the prevailing employment situation. The focus of the Government needs to shift towards more spending on enhancing quality of education and vocational and skill training. There is a need to improve India's track record on job creation. It is proposed that at least one adult member of every family should be provided with employment and where it is not possible to provide employment, the Government should encourage those who desire to set up their own business and improve their capability of increasing production, like handicraft artisans, carpenters, weavers, cottage industry so that they become self-sufficient and the family should be given all necessary facilities for decent and reasonable living. Hence this Bill. NEW DELHI; ALOK KUMAR SUMAN January 16, 2020.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 557 FINANCIAL MEMORANDUM Clause 3 of the Bill provides that the Central Government shall provide employment to at least one adult member of every family. Clause 4 provides for payment of unemployment allowances to every unemployed person at such rate as may be prescribed till he is provided with gainful employment. Clause 5 provides for constitution of Employment Advisory Board. Clause 7 provides for constitution of Employment Fund for carrying out the purposes of this Bill. Clause 9 provides that the Central Government shall provide all facilities or resources for self-employment to a family where it is not possible to provide employment. Clause 10 empowers the Central Government to provide funds for carrying out the purposes of this Act. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is likely to involve an annual recurring expenditure of about rupees seven thousand crore from the Consolidated Fund of India. A non-recurring expenditure to the tune of rupees four thousand crore is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules to carry out the purposes of the Act. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character. —————558 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 64 OF 2020 A Bill to revitalize efforts towards promoting the small family norms of upto two children per eligible couple; ensure healthy birth spacing through measures related to augmenting the availability, accessibility and affordability of quality reproductive health services, and other relevant inter-sectoral development instruments by the Central and the State Governments; achieve the goal of stabilization of population commensurate with the emerging social, economic, health, nutritional, epidemiological, environmental and other developmental needs of the national economy; recognize the implications of population momentum on the prospects of national progress in the long run, propelled through its young and dynamic population age-structure; ameliorate and harness the demographic potential in the sustainable manner and help to engulf the prevailing demographic and socio- economic disparities across population groups and regions, and render equal opportunities for all, irrespective of age, sex, religion, caste, class, race, residence, or language and. to achieve the fullest development potential and for matters connected therewith and incidental thereto.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 559 BE it enacted by Parliament in the Seventy-first year of the Republic of India as follows:— CHAPTER I 1. (1) This Act may be called the Population Regulation Act, 2020. Short title, extent and (2) It extends to the whole of India. commencement. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) "prescribed" means prescribed by rules made under this Act; and (c) "small family" means family or couple having up to two children. 3. It is hereby declared that the provisions of this Act shall be applicable for giving Declaration as effect to the policies of the State towards securing the principles laid down in clauses (1) and to giving effect to the policies (2) or article 38 of the Constitution. of the State as laid in article 38 of the Constitution of India. 4. (1) The Central Government shall, as soon as may be, by notification in the Official Formulation Gazette, formulate a comprehensive Revised National Population Policy particularly for the of Revised National purposes of implementing the provision of adopting small family norm. Population Policy. (2) Without pre judice to the generality of the provisions contained in sub-section (1) the Central Government shall,— (a) make provisions for accessible, affordable and quality reproductive health care services across the public health system across the country; (b) supplement inter-sectoral and inter-ministerial synergies towards strengthening the key areas of primary and secondary education, access to safe drinking water and sanitation facilities in the household, housing for all, affordable health care for all and economic and livelihood opportunities, particularly for women; (c) make concerted efforts to ensure the equal participation of women in social, economic and political spheres; and (d) lay special stress on the Empowered Action Group States (EAG) and high focus districts with Total Fertility Rate above three points to effectively implement and benefit from the national policy. 5. (1) Notwithstanding anything contained in any other law for the time being in force, Facilities to the employee of the Central Government or of a Public Sector enterprise under the control of Government the Central Government who adopts small family norm by undergoing sterilization operation employee who adopts small himself or of the spouse shall be given:— family norm. (a) one additional increment during the entire service; (b) subsidy towards purchase of plot or house site or built house from Housing Board or Development Authority of the Government as may be prescribed; (c) loan for construction or purchasing a house from Banks or financial institutions on nominal rate of interest; (d) such other benefits and incentives as may be prescribed.560 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (2) The Central Government shall also provide additional incentives, including, but not limited to— (a) paternity leave of twelve weeks, with salary and allowances for upto two children; (b) two percent. increase in the employer's contribution under pension scheme for employees having up to two children; (c) free healthcare facility and insurance coverage to parents; (d) free healthcare facility to single child till he attains the age of twenty-five years; (e) preference to single child in admission in all educational institutions, including, but not limited to AIIMS, IIT, NIT and IIM and in all government jobs; and (f) free education up to graduation level and scholarship for higher studies beyond graduation for single girl child. Extension of 6. The incentives and benefits referred to in section 5 shall be extended mutatis benefits to mutandis to the general public in the manner provided therein. general public. Loss of benefits 7. Whoever in contravention of small family norm procreates more than two children, whoever shall be ineligible to avail incentives and benefits provided in this Act and in addition thereto contravenes shall,— small family norm. (a) receive reduction in subsidies in matters of different loans extended to him; (b) receive reduced benefits of Public Distribution System to be determined by the appropriate Government; (c) be eligible for loan from the Bank or financial institution at higher than the existing interest rates; (d) receive lower interest rates on saving instruments in Banks and investment instruments in equity shall; and (e) not be entitled for such other facilities as may be prescribed. No maternity 8. Any individual having more than two living children shall be provided maternity or or paternity paternity leave but the emolument benefit of the maternity or paternity period shall stand facilities to be withdrawn: given for those having Provided that if, such individual agrees to undergo sterilization operation after the more than two living birth of the third child then he/she shall be provided with the requisite maternity or paternity children. facilities forthwith. Miscellaneous 9. (1) Notwithstanding anything contained in any of the election laws for the time provisions. being in force, a citizen shall be disqualified for being chosen as a member of either House of Parliament or of the legislature of a State or of any body of the local self government, if such citizen has more than two living children: Provided that this provision shall not apply in case of a citizen having more than two living children on or before the date of commencement of this Act. (2) Every serving government employee shall give an undertaking not to procreate more than two children: Provided that this provision shall not apply to a government employee who has more than two living children on or before the date of commencement of this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 561 10. The provision of this Act shall not apply in case of birth of two or more children at Act shall not one time. apply on birth of two or more children at one time. 11. The appropriate Government shall,— Duties of the Government. (a) implement the Revised National Population Policy to achieve the goals enumerated therein; (b) establish maternity centers at all the Primary Health Centers (PHCs) ; (c) distribute contraceptive pills, condoms, IUDs through Healthcare Centres and Non-Governmental Organisations; (d) spread awareness about family planning methods through community health workers such as auxiliary nurse, midwife or accredited social health activist; (e) ensure mandatory registration of pregnancy, deliveries, birth and death across country; (f) distribute iron and vitamin capsules and tablets amongst the expecting mothers; (g) conduct regular vaccination and immunization drives to protect the children from various health risks; (h) undertake efforts to encourage the husband-wife communication and male participation in family planning matters; (i) organize massive information and education campaigns to generate public awareness related to the benefits of having small families and healthy birth spacing; (j) form village level societies to encourage/disseminate benefits of small family norm, value of girl child and efforts to promote gender equality in all walks of life; and (k) undertake such other measures as it may deem fit and expedient for the purposes of this Act. 12. 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 from time to Government to time. provide funds. 13. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government may make such order or give such direction, not inconsistent with the provisions remove of this Act as may appear to it to be necessary or expedient for the removal of the difficulty: difficulty. Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act. 14. The provisions of this Act and of any rules and orders made thereunder shall have Overriding effect notwithstanding anything inconsistent therewith contained in any other law for the effects. time being in force. 15. The provisions of this Act shall be in addition to and not, save as otherwise Savings. expressly provided in this Act, in derogation of any other law for the time being in force in any part of the country. 16. (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 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.562 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India resembles a rich embodiment of diverse ethnic, linguistic, geographic, religious and demographic characteristics, with more than 1.3 billion inhabitants, stands today as the second most populous country in the world. In other words, close to 17 percent of global population resides here, and every sixth global citizen is an Indian. The heterogeneous demographic composition of India's population presents multitude of opportunities and challenges with far reaching socio-economic, health, nutritional and political implications that deserves a systematic scrutiny. As per the latest United Nation Population Projections, India is expected to surpass China by 2024 and shall become the most populous country with a population of 1.6 billion by 2050. This gigantic population size with its inherent diversities present eminent challenges before national leaders and policy makers to ensure the provision of the basic necessities of human life including affordable food, safe drinking water, decent housing, access to quality education, economic/livelihood opportunities, power/electricity for domestic consumption and a secure living. However, given the limited resources ecological and economic resources at hand, it has become an urgent need to do objective analysis and intervene to plan the process of demographic change for the coming generation of future India. Recent records suggest that despite being emerging economic giants, and rising wave of urbanization, India continues to remain predominantly rural in its characters—where close to 69 per cent population lives across more than 600,000 villages as per the Indian Census, 2011. In addition, the urban centers have developed haphazardly and mega cities seem to be growing out of proportion at the cost of small urban centers, leaving millions of urban dwellers to live a life without basic human dignity and peace. At this juncture, it may be intuitive to quickly recapitulate the trajectory of India's demographic journey and learn about the future course corrections. India's population has increased almost four folds during the post independence era (from 361 million in 1951 to 1210 million in 2011). The dramatic increase in the total population size between 1960's to 1990's also marked peak of the average population growth rate of 2 percent per year. Such rapid population growth has been attributed to gradual declining of mortality levels and relatively slow change in the fertility levels. Infant mortality rate declined from 225 infant deaths per 1000 live births in early 1950's to 80 infant deaths per 100 live births in 1990's, total fertility rate declined from 6.0 children per woman in 1966 to 3.8 children per woman in 1992. Afterwards, the rate of population growth has been declining, though the absolute population base has been widening. The overall life expectancy of the Indian population—an important marker of population health—has improved by 31 years, from 37 years in 1950s to 68 years in 2013. However, the demographic transitions in the mortality and fertility levels varied greatly across States and districts in India, with the southern States of Kerala, Tamil Nadu, Karnataka and Andhra Pradesh experiencing the demographic transition well before the other parts of the country. This further led to widening regional inequalities in the agricultural, industrial, social and economic progress across southern and northern parts of India. On the one hand, efficient demographic transition, achieved through implementation of effective family planning programs and set of education, economic and inclusive social development policies, have helped to achieve higher degree of progress and human development. On the other hand, most of the northern and eastern parts of the country failed to implement the family planning programmes and development programs as per the needs. This has now led to different population blocks in the country, where, southern States with smarter demographic performance enjoy better quality of life and provide ample employment opportunities. While, the northern and eastern States have not been able to effectively support the right of education, health, nutrition and economic/livelihood opportunities, largely owing to the mismanagement of the growing population base. The recent Annual Health Survey (2010-2013) conducted by the ORGI shows that more than 26 percent districts have TFR of 3.0 or above and they are clustered across the nine Empowered Action Group (EAG) States (Uttar Pradesh, Bihar, Madhya Pradesh, Rajasthan, Jharkhand, Chhattisgarh, Uttarakhand, Odisha, Assam). These nine States together account for close to 48 per cent of the total population, 59 per cent of births, 70 per cent of infant deaths, 75 per cent of under-five mortality and 62 per cent of maternal deaths in India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 563 The above challenge is really formidable given remarkable heterogeneities in the demographic composition of the population (in terms of age group, educational status, economic groups, social and religious groups, health and nutritional status, occupational pattern and marital status) across regions, States, and districts of India that forms the key benchmark to address the impending challenges related to improvising the socio-economic conditions, health and nutritional status, environmental security in the face of climate change, and overall quality of life of the population. The recent demographic trends suggest that India is certainly moving towards replacement level fertility, with total fertility rate of 2.1 or below, with 174 districts out of 621 have already achieved replacement level fertility. Most of these districts are clustered among the southern and western parts, except Punjab and Himachal Pradesh from northern part of India (including Kerala, Tamil Nadu, Karnataka, Andhra Pradesh, Goa, Maharashtra etc.). On the other hand, close to 72 districts have TFR more than four children per woman that is largely clustered in the north, central, eastern and north-eastern parts of the country (including Bihar, Uttar Pradesh, Rajasthan, Madhya Pradesh, Jharkhand, Meghalaya etc.). Most of these districts with relatively high TFR are demographically and socio-economically lagging behind, and therefore needs urgent programmatic focus to help the people to achieve effective opportunities to realise their full developmental potentials. Therefore, the uncertain future of the speed of fertility transition in the districts spread across the EAG States between the Indo-Gangetic plains to the Deccan plateau will determine the trajectory of the unfolding demographic transition and its related developmental implications. Furthermore, there also persists widespread socio-economic and regional variability in the access to quality family planning services that could delay the process of fertility transition. For example, the access to the modern family planning methods is inadequate and disproportionately varies across place of residence, educational groups, religious affiliation, caste groups and across States in India. For instance, currently married women living in the urban areas, educated up to high secondary or above, non-Muslims, belonging to other caste groups, and living in the southern States (eg. Andhra Pradesh) reported relatively higher use of modern contraceptive methods as compared to their counterparts. These demographic changes will have bearing upon the changing age-structure of population and will influence the prospects of future economic growth, educational expansion, health, nutritional status and the environmental security. Given the need of the hour, it is imperative upon us to evolve a pragmatic and well thought out strategy to address the emerging demographic and related development needs of the 1.35 billion people today. As a quick starter, it may be appropriate to encourage the Indian population to opt for small family norm of up to two children. This choice shall have benefits on multiple scales—health of women and children will improve, burden in terms of health costs and lost opportunity cost to work of the family will reduce, women will find time to spend in school/college/universities, and become equipped to find employment/livelihood. In these ways, smaller families shall go a long way to improve the economic and health conditions of the households. If similar changes are adopted at a larger scale, it may lead to enormous saving of healthcare cost, and potential human hours usually lost to work. Therefore, these potential resources could be effectively invested into more productive activities and help to power the growth story of the new India. Several countries from East and South Asia (South Korea, Singapore, Vietnam, Bangladesh, Thailand etc.) have effectively implemented the small family norms effectively and benefited from the demographic advantage with effective macro-economic policies and good governance. This Bill seeks to empower the Indian population through rationing of the family size (having up to two children per couple) and equally participate in the movement of progress to path of self reliance, cohesive living and sustainable peace. Hence, this Bill. NEW DELHI; January 16, 2020. ALOK KUMAR SUMAN564 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 5 of the Bill provides certain benefits to government employee who adopted small family norm. Clause 6 provides for extension of benefits to general public who adopt small family norm. Clause 12 provides that the Central Government shall provide requisite funds from time to time for carrying out the purposes of the Bill. 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 crore will be involved out of the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 16 of the Bill gives power to 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 565 BILL NO. 36 OF 2020 A Bill to constitute a Labour Welfare and Rehabilitation Authority to look into the dynamic trends in the labour market, provide for schemes to give interest free loans to workers unemployed for certain periods, issue guidelines for social sector schemes including universal basic income for all working in private and public sector, provide for wages during non-work time for seasonally employed workers, provide forhardship bonus for plantation workers, formulate schemes for rehabilitation of workers of closed industries and for all matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Labour (Welfare and Rehabilitation) Act, 2020. 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) "Annual Report" means a report giving the details of developmental activities taken up over the year by the Authority and detailing about targets set and achieved;566 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "appropriate Government" means in the case of a State or a Union territory having legislature, the concerned State Government or the Union territory Government, as the case may be, and in all other cases, the Central Government; (c) "Authority" means the Labour Welfare and Rehabilitation Authority constituted under section 3; (d) "health certificate" means a document signed by a competent health authority providing proof that person is healthy and competent to work; and (e) "prescribed" means prescribed by the rules made under this Act. Constitution 3. (1) With effect from such date as the Central Government may, by notification, of Labour appoint, there shall be constituted, for the purposes of this Act, an Authority to be known as Welfare and the Labour Welfare and Rehabilitation Authority. Rehabilitation Authority. (2) The Authority shall consist of— (a) the Union Minister of Ministry of Labour and Employment— ex officio Chairperson; (b) the Secretaries of the Union Ministeries of Labour and Employment, Heavy Industries and Statistics and Programme Implementation—ex officio Members; (c) the Director General V.V. Giri National Labour Institute—ex officio Member; (d) the Director, Central Board for Workers Education, Union Ministry of Labour and Employment—ex officio Member; and (e) the Director, Directorate General of Employment, Union Ministry of Labour and Employment—ex officio Member. (3) The Central Government shall appoint such number of officers and staff as it considers necessary for the efficient functioning of the Authority. (4) the salary and allowances payable to and other terms of conditions of services of officers and staff of the Authority shall be such, as may be prescribed, from time to time. (5) the head office of the Authority shall be at New Delhi and the Authority may establish offices at other places in the country as it may deem necessary for carrying out the purposes of this Act. Meetings of 4. (1) The Authority shall meet at such interval and place and shall determine its own the Authority. procedure in regard to transaction of business at its meetings as may be prescribed. (2) The expenditure incurred to attend meetings by the Members referred to in sub-clauses (a) to (e) of section 3 shall be borne by their concerned controlling authorities. Functions of 5. (1) The Authority shall discharge such functions as it may deem necessary to the Authority. ensure welfare and rehabilitation of workers in the country and formulate a comprehensive policy within one year of its constitution for carrying out the purposes of the Act. (2) Without prejudice to the provisions contained in sub-section (1), the Authority shall perform the following functions:— (a) to undertake a baseline study to collect comprehensive data about the existing minimum working standards in all industries and necessary data on the labour industry which shall be completed within one year of setting up of the Authority; (b) to formulate a scheme for giving interest free loans for workers who are unemployed upto a certain period till they get employment; (c) to recommend to the appropriate Government to formulate social security schemes including a universal basic income for all workers in private and public enterprises;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 567 (d) to formulate scheme for providing wages all through the year for those employed seasonally; (e) to study and recommend schemes including hardships bonus for workers in the plantation sector and other heavy industry sector; (f) to study existing safety guidelines for workers and formulate a comprehensive set of common guidelines for workers keeping in line with international standards; (g) to undertake organisation of labour fairs and labour awards region-wise and sector-wise for creating greater awareness on importance of a high quality labour force; (h) to create an establishment to maintain data of workers of closed sick industries and to formulate schemes for the welfare of such workers; (i) to undertake, promote and publish studies relating to the importance of labour safety standards and welfare; and (j) to undertake such other activities as may be prescribed by the Central Government. (3) The Authority shall disseminate the necessary knowledge and information collected, to the respective department of the Central Government and the State Governments. 6. (1) The Authority shall prepare once every year in such form and at such time as Annual may be prescribed, an Annual Report giving the summary of its activities including schemes Report and its laying before it has undertaken and recommended to the Government during the previous year and it shall Parliament. contain statements of Annual Accounts of the Authority. (2) A copy of the Annual Report shall be forwarded to the Central Government, and the Central Government shall cause the Annual Report to be laid as soon as may be after it is received, before each House of Parliament. 7. The Central Government shall, from time to time, after due appropriation made by Central Parliament by law in this behalf, provide requisite funds for carrying out the purposes of this Government to provide Act. funds. 8. If any difficulty arises in giving effect to the provisions of this Act, the Central Power to Government in consultation with the State Governments, may make such order or give such remove difficulty. direction, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for the removal of any difficulty: Provided that no such orders shall be made after the expiry of the period of three years from the date of commencement of this Act. 9. (1) The appropriate Government may, by notification in the Official Gazette, make Power to rules for carrying out the purposes of this Act. make rules. (2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (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.568 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS India is being termed as the next big economic powerhouse and recently we surpassed China to become the fastest growing economy in the world. The challenge that we as a country face though is to ensure better labour market conditions to couple with this high growth rate. Vast majority of workers in our country still work in the informal sector. Though there has been a shift of workforce from agriculture to the manufacturing sector, still majority of the workforce are out of the social security net provided by existing legislations. Data shows that between 2004-05 and 2011-12, the share of workers in unorganised sector fell from 86% to 82%. At the same time though, the informal workers in the organised sector (contract and other forms of casual labour) increased. These workers do not have access to proper social security. As of 2011-12, 79% of the non-agricultural wage workers had no written contract. Unemployment rates among skilled workforce is also high. Favourable policy needs to be put in place to capitalise on the demographic dividend of the country and to keep up with the changing trends in the labour market. This Bill aims at creating a Labour Welfare and Rehabilitation Authority, to study the dynamic trends in the labour market and provide inputs for actionable schemes. The Authority shall formulate a scheme to give interest free loans for those unemployed upto a certain period until they get a job. This Authority will issue guidelines for a social security scheme applicable to all private and Government workers. The scheme shall include a minimum basic income. Those who have seasonal employment will be given the same wages for the other months when they don't have work. The Authority will also make a study of plantation workers and other heavy factory workers and provide for a scheme to give hardships bonuses for labourers in these sectors. This will also include framing uniform safety guidelines relating to working conditions in these sectors. It will also be responsible for conducting labour fairs and also constitute labour awards sector-wise to enthuse the worker community. A body to rehabilitate workers from closed or sick industries will be formed by this Authority. The economic growth is sustainable only as long as the quality of the labour force is maintained. A well-nourished labour market is the fuel which drives this growth engine. Since, a large number of workers are not covered within the ambit of existing laws, this Bill provides for the necessary safety net. By providing for these measures, it will be the much needed antidote required for a faster and more inclusive growth within the country. Hence this Bill. NEW DELHI; SHYAM SINGH YADAV January 16, 2020.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 569 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of the Labour Welfare and Rehabilitation Authority. It also provides for appointment of officers and staff for efficient functioning of the Authority. Clause 7 makes it obligatory for the Central Government to provide requisite funds for carrying out the purposes of this Bill. The Bill, therefore, if enacted, will involve recurring expenditure of three thousand crore rupees per annum from the Consolidated Fund of India. A non-recurring expenditure to the tune of rupees one hundred 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 details only, the delegation of legislative power is of normal character.570 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 46 OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Constitution (Amendment) Act, 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint 2. In article 15 of the Constitution, for clauses (4) and (5) the following clauses shall Amendment of article 15. be substituted, namely:— ''(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens, or for the Scheduled Castes and the Scheduled Tribes:SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 571 Provided that the provision for the advancement of socially and educationally backward classes of citizens shall be proportionate to their population. (5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30: Provided that the provision for the advancement of socially and educationally backward classes of citizens shall be proportionate to their population. Explanation.—In this article, the expression ''population'' means the population as ascertained at the last preceding census of which the relevant figures have been published." 3. In article 16 of the Constitution, for clause (4), the following clause shall be Amendment of substituted, namely:— article 16. ''(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, are not represented in the services under the State, proportionate to their population. Explanation.—The expression ''population'' means the population as ascertained at the last preceding census of which the relevant figures have been published.''.572 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The enabling content of articles 15(4) and 16(4) as they stand today, empower the State to make provisions for reservation in education and in public employment in relation to the population of the Socially and Educationally Backward Classes (SEBCs) as identified by the respective Backward Classes Commissions. The percentage of reservation in central institutions, both in education and public services is twenty seven per cent, so as to keep the overall percentage of reservations under the judicially mandated limit of fifty per cent, while the population of SEBCs, so far identified and recognized as such, is over fifty-five per cent. The issue of provision of reservations and affirmative action has been an on-going debate in the country more particularly, about the adequacy of the measures taken by the elected Government to ameliorate the conditions of socially and educationally backward classes. Judicial dicta have limited the overall percentage of reservations to only fifty per cent of the available educational opportunities in respect of such SEBCs including Scheduled Castes (SCs) and Scheduled Tribes (STs) having regard to the enabling provision requiring the said measures on the principle of adequacy of representation enshrined under article 16 (4) of the Constitution. There have been many agitations about the sheer inadequacy of such measures, to meet the aspirations of such classes, more particularly in regard to educational opportunities and services. A few States such as Tamil Nadu, have already enhanced the reservations in excess of fifty per cent and the challenge to such measures are awaiting judicial adjudication. The present state of affairs shows that existing opportunities in the education and services sector are not meeting the requirements of the population of the already identified SEBCs. The constitutional protection granted to SCs and STs of affording reservations to them in all sectors, such as education, services, political representation, proportional to their population, is required to be extended to SEBCs also, having regard to the march of time, and increase in the population of the SEBCs. Hence this Bill. NEW DELHI; SHYAM SINGH YADAV January 16, 2020. ————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 573 BILL NO. 87 OF 2020 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-first 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, 2020. commence- ment. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.574 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions. 2. In this act, unless the context otherwise requires,— (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 make Government provide provisions for reservation in favour of persons belonging to the Scheduled Castes, the incentives to Scheduled Tribes and the Other Backward Classes. Private Sector to make (2) The encouragement as provided in sub-section (1) may include— provisions for reservation. (i) special concessions under various existing Central schemes; and (ii) loans from nationalized banks at lower rate of interest. Annual 4. The Central Government shall cause an annual report to be laid before both Houses Report. of Parliament on the action taken under this Act. Power to 5. (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 575 STATEMENT OF OBJECTS AND REASONS At present, reservation is available for persons belonging to the Other Backwards 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 (PSUs) 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 can not 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. NEW DELHI; GANESH SINGH February 17, 2020. ————576 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 83 OF 2020 A Bill to provide for reservation in favour of persons belonging to the Other Backward Classes, the Scheduled Castes and the Scheduled Tribes in admissions in private educational institutions and for matters connected therewith. BE it enacted by Parliament in the Seventy-first year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Reservation for the Other Backward Classes, the commencement. Scheduled Castes and the Scheduled Tribes in Admission in Private Educational Institutions Act, 2020. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 577 2. In this Act, unless the context otherwise requires:— Definitions. (a) " prescribed" means prescribed by rules made under this Act and published in Gazette; and (b) "private educational institution" means any school, college, institutions or university imparting primary, elementary, secondary, higher secondary or higher education including medical and technical education as recognized by the appropriate Government, whether aided or unaided, whether owned partly or wholly by a private person or trust or society, or any such teaching institutions in which the Central Government or the State Government has no financial interest but does not include a minority educational institution. 3. (1) The Central Government shall provide appropriate incentives to private Government to educational institutions for making provisions for reservation in favour of persons belonging give incentive to Private to the Other Backward Classes, the Scheduled Castes and the Scheduled Tribes in admission Sector to in such private educational institutions; provide reservation. (2) The incentives as provided in sub-section (1) may include— (i) special concessions under various existing Central schemes; (ii) allotment of land on lease for educational institutions at lower prices; and (iii) loans from nationalized banks at reduced rate of interest. 4. The Central government shall cause to be laid an annual report before both Houses Annual Report. of Parliament about the action taken under this Act. 5. The provision of this Act shall be in addition to, and not in derogation of any Savings. provision of any other law for the time being in force. 6. (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.578 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS At present, except in the minority institutions, reservation has been given to Other Backward Classes, Scheduled Castes and Scheduled Tribes students in the matter of admission in government owned educational institutions, but there is no provision of reservation in favour of Other Backward Classes, the Scheduled Castes and the Scheduled Tribes students for admissions in private educational institutions. By way of amendment in the Constitution (103rd Amendment), reservation of maximum ten percent for the economically weaker sections has been allowed for admission in government and private educational institutions (whether aided or unaided) except minority educational institutions. There are many schemes and special provisions for the welfare of the persons belonging to the Other Backward Classes, the Scheduled Castes and Scheduled Tribes in the country. However, despite all these measures, no major changes have been visible in their economic, educational and social status. In this situation, to ensure their all around and overall development, reservation in admission to other backward classes, Scheduled Castes and Scheduled Tribes students in private educational institutions of the country (whether aided or unaided) is of utmost importance. At present, there is no provision for reservation in admission of students in favour of persons belonging to the Other Backward Classes, the Scheduled Castes and the Scheduled Tribes in private educational institutions (whether aided or unaided) in the country. However, the government cannot pressurize the private educational institutions to provide reservation to them. In such a sitution, by providing concessions and special schemes to private educational institutions, these institutions can be encouraged to provide reservation in admission to students from Other Backward Classes, the Scheduled Castes and the Scheduled Tribes. Hence, this Bill NEW DELHI; GANESH SINGH February 17, 2020. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 6 of the Bill empowers the Central Government to make rules for carrying out the purpose of the Bill. As the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character. ————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 579 BILL NO. 38 OF 2020 A Bill further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. The Act may be called the Constitution (Amendment) Act, 2020. Short title. 2. For article 120 of the Constitution, the following article shall be substituted, Substitution of namely:— new article for article 120. "120. Notwithstanding anything in Part XVII, but subject to the provisions of article Language in 348, business in Parliament shall be transacted in Hindi or in English: which Business in Parliament to Provided that the Chairman of the Council of States or Speaker of the House of the be transacted. People, or person acting as such, as the case may be, shall—580 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (i) permit a member to give notice under different class of business in accordance with the Rules of procedure framed under article 118, in any of the languages specified in the Eighth Schedule; (ii) permit any member who cannot adequately express himself in Hindi or in English to address the House in one of the languages specified in the Eighth Schedule; (iii) cause all business transacted in Parliament translated into all languages specified in the Eighth Schedule and circulated to members; and (iv) make available simultaneous interpretation facilities in all languages specified in the Eighth Schedule when any member addresses the House in Hindi or in English or in any other language.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 581 STATEMENT OF OBJECTS AND REASONS India is a Union of States. Hundreds of languages are spoken in the country. Many of these languages are ancient and older than some of the languages spoken all over the world. Our Parliament consists of representatives from twenty-eight States and eight Union territories. The representatives may speak different languages, but their goal is to represent the people who have elected them. At present business in Parliament is transacted in Hindi and English. All parliamentary documents and papers are translated and printed in both the versions. A member has an option to give a letter/notice in either language. However, as English or Hindi is neither the mother tongue nor a medium of learning of majority of the members of Parliament, they cannot express themselves adequately in Hindi or in English. Though, there is a provision for simultaneous interpretation of proceedings of Parliament in some of the languages included in the Eighth Schedule to the Constitution, but the main point is that the business of the House should be transacted in all the languages included in the Eighth Schedule to the Constitution so as to enable all other members to understand the views expressed. All the Parliamentary papers should be translated and made available in all the languages included in the Eighth Schedule to the Constitution. This will ensure meaningful participation of all members in the debates during discussion in the House. The European Union Parliament has facility of simultaneous interpretation in twenty- three languages for seven hundred and thirty-six members. The possibility of adopting this initiative of European Union by the Indian Parliament should be explored as almost equal number of representatives, speaking different languages are elected to it. Ours in the largest democracy in the world and any arrangement which increases and improves the functioning of the representatives in the legislature will only strengthen the already strong and vibrant democracy. Languages should not be a barrier in the functioning of democracy. A child learns to speak in his mother tongue, grows speaking his mother tongue and studies in his mother tongue. Therefore, mother tongue of elected representatives to be used in the highest body of the country. The Bill, therefore, seeks to amend the Constitution with a view to enable transaction of proceedings of Parliament in all the languages included in the Eighth Schedule to the Constitution. Hence this Bill. NEW DELHI; A. GANESHAMURTHI January 17, 2020.582 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for simultaneous interpretation facilities and for translation and distribution of all parliamentary papers in all languages included in the Eighth Schedule to the Constitution. As such, the Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees one hundred crore is likely to be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred crore is also likely to be incurred from the Consolidated Fund of India. ————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 583 BILL NO. 330 OF 2019 A Bill to provide for creation of gainful employment opportunities and for payment of unemployment allowance to unemployed youth and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Unemployed Youth (Allowance and Employment Short title, Opportunities) Act, 2019. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.584 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) “beneficiary database” means a database maintained by the appropriate Government of all persons eligible to receive allowance under the Act; (c) “Fund” means the National Employment Fund constituted under section 6; (d) “prescribed” means prescribed by rules made under this Act; and (e) “youth” means any citizen who has attained the age of eighteen years but has not attained the age of forty-five years. Right to 3. Notwithstanding anything contained in any other law for the time being in force, gainful every youth shall have the right to gainful employment to be provided by the appropriate employment. Government in the Government establishments or in private sector, subject to the age, educational qualifications and ability of the youth as may be prescribed. Appropriate 4. The appropriate Government shall maintain a beneficiary database of unemployed Government youth in such manner as may be prescribed. to maintain database of unemployed youth. Unemploy- 5. Notwithstanding anything contained in any other law for the time being in force, ment every unemployed youth whose details have been made in the beneficiary database shall be allowance to entitled to receive unemployment allowance, at such rate, as may be prescribed: unemployed youth. Provided that a youth who rejects the employment offered to him shall not be entitled to unemployment allowance: Provided further that where a youth earns income from any source which is not less than the amount of unemployment allowance as prescribed, he shall not be entitled to such allowance. Constitution 6. (1) The Central Government shall, by notification in the Official Gazette, constitute of National a Fund to be known as the National Employment Fund for payment of allowance under this Employment Act. Fund. (2) The Fund shall be credited— (a) grants by the Central Government and the State Governments; and (b) voluntary donations from individuals, companies and other organisations including international organisations. 7. The provisions of this Act shall be in addition to and not in derogation of any other Act not in derogation law for the time being in force. of any other law. Power to 8. (1) The Central Government may, be notification in the Gazette of India, 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 585 STATEMENT OF OBJECTS AND REASONS Despite India’s prowess in maintaining its position as one of the fastest growing economies in the world, the growth story is accompanied by the endemic problem of unemployment. The number of jobs that have been added by the economy, even as it has grown bigger than the previous years, has been unsatisfactory and inadequate. There is a significant gap between Gross Domestic Product (GDP) growth and that of employment growth, leading to the phenomenon of ‘jobless growth’. This is compounded by the figures of educated yet unemployed youth. The Annual Status of Education Report states that ninety-seven per cent. of children in the age group of 6-14 years are now enrolled in school. Of this the EDUCATIONAL STATISTICS AT A GLANCE (ESAG) Report 2018 released by the Ministry of Human Resources Development states that the Gross Enrolment Rate at the level of Higher Education, which includes under graduates and upwards, is at 24.5 per cent. This rate was 21.1 per cent. in 2014. Even as young India is attaining more education that ever before, the unemployment rate has been a cause of concern. In the absence of adequate opportunities for employment, the youth are forced to resort to low-paying avenues, that results in underemployment. In other cases, the society loses the youth to anti-social and anti-national influences by promising them financial stability by resorting to crime and violence. Similarly, the inadequacy of employment opportunities also lead to brain drain, further denting India’s prospects at exploiting the demographic dividend the country is blessed with. It is thus proposed to provide a regular allowance to such unemployed youth, who will then not have to resort to untoward or illegal means to secure their means of income. Simultaneously, the problem of unemployment must be eradicated at the earliest through the involvement of the public and private sector in creation of suitable means of gainful employment. This is necessary to allow the youth to lead a life of peace and dignity. Hence this Bill. NEW DELHI; UNMESH BHAIYYASAHEB PATIL November 6, 2019.586 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the gainful employment to the unemployed youth by the appropriate Government. Clause 4 of the Bill provides for maintenance of a beneficiary details of unemployed youth. Clause 5 provides for payment of unemployment allowance to every unemployed youth. Clause 6 provides for constitution of National Employment Fund for payment of unemployment allowance. It also provides that Central Government shall grant to the Fund. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees two thousand crore per annum would be involved from Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ———— 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 details only, the delegation of legislative power is of a normal character. ————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 587 BILL NO. 79 OF 2020 A Bill to amend the Prohibition of Child Marriage Act, 2006. BE it enacted by Parliament in the Seventy-first year of the Republic of India as follows:— 1. (1) This Act may be called the Prohibition of Child Marriage (Amendment) Act, Short title and 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 6 of 2007. 2. In section 2 of the Prohibition of Child Marriage Act, 2006, for clause (a), the Amendment of following clause shall be substituted, namely:— section 2. ''(a) 'child' means a person who has not completed twenty-one years of age;".588 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS A lower legal age for marriage for women results in early pregnancy which is accompanied with complications during childbirth which are common for young pregnant girls. Moreover, it deprives the girl child of her right to obtain education and live a life of freedom and dignity. A higher marriageable age would imply increased likelihood of accessing higher educational opportunities. In turn, this would give women increased access to economic independence, greater freedom of marital choices, and, given the positive co-relation between educational qualification and lower fertility rates, more reproductive freedom and better maternal and child nutritional health. The Bill, therefore, seeks to amend the Prohibition of Child Marriage Act, 2006 with a view to raise the legal marriageable age for girls to twenty-one years. Hence this Bill. NEW DELHI; KARTI P. CHIDAMBARAM February 17, 2020.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 589 BILL NO. 86 OF 2020 A Bill to provide for the welfare measures to be undertaken by the State for the rural labour employed in the agriculture sector and allied activities thereto and other rural occupations by establishing a Welfare Fund for such labour and for taking other measures to improve their living and working conditions and for matters connected therewith. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called the Rural Labour (Welfare) Act, 2020. Short title, extent and (2) It extends to the whole of India. commence- (3) It shall come into force on such date, as the Central Government may, by notification ment. 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;590 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) "Committee" means the National Rural Labour Welfare Committee established under section 3; (c) "employer" includes cultivator, orchard owner, poultry farm owner, livestock rearer, agency society, food processing unit, crusher, oil or pulses mill or any such establishment located in any rural area which employs rural based labour; (d) "Fund" means the Rural Labour Welfare Fund established under section 5; (e) "prescribed" means prescribed by rules made under this Act; and (f) "rural labour" means any person residing in a village and engaged in any rural vocation such as agriculture, horticulture, sericulture, poultry, rearing of livestock including piggery, food processing, handicrafts, weaving or any such other occupation as a wage earner whether in cash or kind, for his livelihood and includes any person engaged through a contractor or engaged as a self employed person. Establishment 3. (1) The Central Government shall, as soon as may be, by notification in the Official of the Gazette, establish a Committee to be known as the National Rural Labour Welfare Committee National for carrying out the purposes of this Act. Rural Labour Welfare (2) The headquarters of the Committee shall be at New Delhi and the Committee may Committee. establish offices at such other places in the country as it may deem necessary for carrying out the purposes of this Act. (3) The Committee shall consist of— (a) a Union Minister to be appointed by the Central Government in such manner as may be prescribed, Chairperson ex-officio; (b) five Members of Parliament of whom three shall be from the House of the People and two from the Council of States to be appointed by the presiding officers of the Houses concerned, members, ex-officio; (c) six representatives from the Union Ministry of Labour, Planning and Finance to be appointed by the Central Government in such manner as may be prescribed, members; and (d) seven members to be nominated by the Governments of the States to be rotated amongst the States in alphabetical order. (4) The term of the office of Chairperson, members of the Committee and the procedure to be followed in the discharge of its functions shall be such as may be prescribed. Formulation 4. (1) The Committee shall, as soon as may be, formulate a national policy for the of a national betterment and welfare of the rural labour. policy for the welfare of (2) The national policy so formulated under sub-section (1) shall be uniformly rural labour. implemented throughout the country and the policy may incorporate provisions for uninterrupted work round the year, minimum remunerative wages, healthcare including maternity facilities, old age pension, compensation in case of accident and such other facilities as may be deemed necessary. Establishment 5. (1) The Central Government shall, with effect from such date as may be specified by of Rural notification in the Official Gazette in this behalf, establish for the purposes of this Act, a Labour Fund to be called the Rural Labour Welfare Fund which shall be administered by the Central Welfare Fund. Government in such manner as may be prescribed. (2) The Central Government shall after due appropriation made by Parliament by law in this behalf, credit to the Fund in each financial year such sums of money as it considers necessary for carrying out the purposes of this Act. (3) The Fund shall also consist of the moneys received from— (a) the Government of the States as contributions, towards the fund;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 591 (b) the body corporates as donations; (c) financial institutions and other institutions, domestic and foreign ones as assistance; and (d) donations from the employers and general public and bodies. (4) The Fund shall be utilized to promote the welfare measures for the rural labour which are necessary or expedient to do and in particular to defray the costs towards,— (i) improving educational facilities for the children of rural based labour; (ii) improving water supply for drinking and other purposes; (iii) improving the standard of living and nutrition for families of rural based labour; (iv) amelioration of social condition of rural based labour; (v) providing housing and recreational facilities; (vi) providing medical facilities to the rural based labour and their families; (vii) providing financial assistance in case of infirmity or disability due to accident etc.; (viii) old age pension to the rural based labour; and (ix) providing and improving the welfare measures included in the national policy and such other welfare measures as may be prescribed. 6. The Central Government may require a State Government or Union territory State Administration or a local authority or any employer to furnish for the purposes of this Act, Government, etc. to furnish such information in such form and within such period as may be prescribed. the requisite information. 7. Notwithstanding anything contained in any other law for the time being in force, it Appropriate shall be the duty of the appropriate Government to ensure availability of work round the Government year to the rural labour through the employers or in such manner as that Government may to ensure availability of deem expedient or necessary. work round the year to the rural labour. 8. The Central Government shall, after the inputs provided by the Governments of the Annual States and Union territory Administrations, submit an annual report, in such form and in Report. such manner, as may be prescribed, of the administration of the Fund and other welfare activities carried out under this Act, to the President of India who shall cause the report to be laid before both the Houses of Parliament along with action taken thereon as soon as it is received. 9. The provisions of this Act shall be in addition to and not in derogation of any other Act to law for the time being in force regulating any of the matters dealt with in this Act. supplement other laws. 10. (1) The Central Government may, by notification in the Official Gazette, make rules Power to for carrying out the purposes of this Act. make rules. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.592 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS It is rightly said that India lives in villages because nearly eighty per cent. of its population lives in the villages and mostly depends on agriculture and agro based occupations. There are farms, orchards, poultry farms, livestock rearing farms where rural based labour are employed. They work as weavers, small scale entrepreneurs, handicraft artisans, potters, cobblers, blacksmiths, etc. There are millions of such agricultural, home based and other workers who are unorganized and remain exploited and poor throughout their lives and live in distress from generations together. Their wages and income are meagre and they do not get employment round the year. As a result, they are poverty striken and remain neglected even by the State. None of the welfare laws like the Minimum Wages Act, 1948, the Maternity Benefit Act, 1961, the Payment of Gratuity Act, 1972 and the Workmen Compensation Act, 1923 applies in case of unorganised rural labour. During old age, the rural labourers were not provided employment and therefore lacks money for food, medicines and clothes. The rural labourers do not have round the year employment and in case of agricultural sector, they get employment which is dependent on monsoon. In a welfare State, like ours, it is the duty of the State to introduce welfare measures for the have-nots like the rural based labour who remain unorganized and exploited. Hence, it is necessary to formulate a national welfare policy for the rural based labour and constitute a Welfare Fund for them to ameliorate their living conditions. In pursuance of the said Policy, the Central and State Governments will implement the welfare measures contained in that policy and defray the costs to the Welfare Fund. Hence this Bill. NEW DELHI; DR. RAMAPATI RAM TRIPATHI February 27, 2020. ———— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the establishment of a National Rural Labour Welfare Committee. Clause 4 provides for formulation of a national policy for the betterment and welfare of the rural labour. Clause 5 provides for the establishment of Rural Labour Welfare Fund for which the Central Government shall provide funds in each financial year. The Bill, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees five thousand crore may involve as recurring expenditure per annum. A non-recurring expenditure to the tune of rupees one thousand crore may also involve from the Consolidated Fund of India. ———— 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 593 BILL NO. 80 OF 2020 A Bill to provide for establishment of a National Waste Management Council for managing waste and suggest required policy measures for waste management and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called The National Waste Management Council Act, 2020. Short title and commence- (2) It shall come into force on such date as the Central Government may, by notification ment. in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) 'Chairperson' means the chairperson of the National Waste Management Council; (b) 'Council' means the National Waste Management Council constituted under section 3; (c) 'member' means a Member of the Council; (d) 'prescribed' means prescribed by rules under this Act; and594 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (e) 'recycling' means the process of transforming segregated non-biodegradable solid waste into new material or product or as raw material for producing new products which may or may not be similar to the original products. Establishment 3. On and from the commencement of this Act, there shall be established a Council to of National be called the National Waste Management Council for the purpose of performing functions Council for assigned to it under this Act. Waste Management. Constitution 4. (1) The Council shall consist of,— of the National (a) a Chairperson, who is or has been Chief Justice of India or is or has been a Council for Judge of Supreme Court or is an eminent person of impeccable integrity and outstanding Waste ability having special knowledge and expertise of not less than Management. twenty-five years in the matters relating to environment and handling and management of waste; and (b) five members, from amongst persons of ability, integrity and standing who are having experience in law, trade unionism, management of an industry or organisation committed to managing of waste in a systematic manner and creating an environment friendly atmosphere for all: Provided that not less than fifty per cent of the members of the Council shall be from amongst the persons belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes, Minorities and Women. (2) The Chairperson or a Member shall not be— (i) a member of Parliament or a member of the Legislature of any State or Union territory; or (ii) a person convicted of any offence involving moral turpitude; or (iii) a person who has been removed or dismissed from the service of the Union or a State. Appointment 5. (1) The Chairperson and Members shall be appointed by the President after obtaining of Chairperson the recommendations of a Selection Committee consisting of— and Members on recom- (a) the Prime Minister of India—Chairperson; mendations of Selection (b) the Chief Justice of India or a Judge of the Supreme Court nominated by Committee. him—Member; (c) the Speaker of the House of People—Member; (d) the Leader of Opposition in the House of the People—Member; (e) one eminent jurist or environmentalist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the President— Member. (2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any vacancy in the Selection Committee. (3) The Selection Committee shall regulate its own procedure in a transparent manner for selecting the Chairperson and Members of the Council. Filling of 6. The President shall take or cause to be taken all necessary steps for the appointment vacancies of of a new Chairperson and Members at least three months before the expiry of the term of the Chairperson Chairperson or Member, as the case may be, in accordance with the procedure laid down in or Members. this Act.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 595 7. The Chairperson and every Member shall, on the recommendations of the Selection Term of Committee, be appointed by the President by warrant under his hand and seal and hold office office of as such for a term of three years from the date on which he enters upon his office or until he Chairperson and Members. attains the age of seventy years, whichever is earlier: Provided that he may— (a) by writing under his hand addressed to the President, resign his office; or (b) be removed from his office; in the manner provided in section 8. 8. The President shall remove a person from the office of Chairperson or a Member, if Removal of that persons,— Chairperson and Member (a) becomes an undischarged insolvent; from the office. (b) gets convicted and sentenced to imprisonment for an offence involving moral turpitude; (c) becomes of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is without obtaining leave of absence from the Council, absent from three consecutive meeting of the Council: Provided that no person shall be removed until that person has been given a reasonable opportunity of being heard in the matter. 9. The salary, allowances and other conditions of service of— Salary, Allowances (i) the Chairperson shall be the same as those of the Chief Justice of India; and and other conditions of (ii) other Members shall be the same as those of a Judge of the Supreme Court. service of Chairperson and Members. 10. (1) The Central Government shall provide the Council with such officers and Officers and employees as may be necessary for the efficient performance of the functions of the Council other under this Act. employees of the council. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the Council shall be such as may be prescribed. 11. The Council shall perform all or any of the following functions, namely:— Function of the Council. (a) to consult with and advise the Union and State Governments with respect to policy, programmes, goals and operations of waste management, including solid and hazardous waste management functions and responsibilities, with particular emphasis on long-range planning and public education; (b) to review implementation of current legislations in force on the waste management; (c) to file annually a report of its deliberations and the recommendations sent to the Central Government; (d) to set up research and development centers across all States and Union Territories for efficient, cost effective and less polluting mechanisms to recycle and manage various types of wastes; (e) to guide industries to ensure manufacturing of quality products which last longer, resulting in its delayed disposal as waste; and (f) any other matter which may be referred to it by the Central Government.596 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Grants by the 12. The Central Government shall, after due appropriation made by Parliament by law Central in this behalf, pay to the Council by way of grants such sums of money as the Central Government. Government may think fit for being utilised for the purposes of this Act. Accounts and 13. (1) The Council shall maintain proper accounts and other relevant records and audit. prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor General of India. (2) The accounts of the Council shall be audited by the Comptroller and Auditor General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Council to the Comptroller and Auditor General. Annual 14. The Council shall prepare in such form and at such time, for each financial year, as Report. may be prescribed, its annual report, giving full account of its activities during the previous financial year and forward a copy thereof to the Central Government. Power to 15. (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 597 STATEMENT OF OBJECTS AND REASONS With the ever growing population and the basic need of fulfilling the promise of 'ease of living' and 'living healthy' for all India, it is imperative that the waste that we create is managed properly. India is on the path of development, the buying power of the commoner is increasing and with this the consumption of everything is bound to increase. This will also result in the increase of waste that will be generated. The waste can be domestic, construction, medical, bio-medical, industrial, e-waste, etc. If no efficient mechanism is devised for proper disposal of such wastes, it can lead to major environmental issues. The waste management in our country is regulated by Ministry of Environment, Forest and Climate Change in coordination with State Pollution Control Boards. However, the biggest impediment in current waste management and disposal mechanism is lack of systematic and robust system of waste management wherein various stakeholders and industry experts come together to formulate most sustainable and environment friendly waste management mechanism. By managing the waste, in a systematic manner, the country will not only save tremendously in its natural resources, but also create an environment friendly atmosphere for all. The Bill thus aims to create a National Waste Management Council that shall consult and advise the Union and various State Governments with respect to policy, programmes, goals and operations of the waste management; review implementation of current legislations in force regarding the aforesaid subject matter; set up research and development centers across all States and Union territories for efficient, cost effective and less polluting mechanisms to recycle and manage various types of wastes; guide industries to ensure manufacture of quality products which last longer, resulting in its delayed disposal as waste. The Bill seeks to achieve the above-mentioned objectives. NEW DELHI; RAMAPATI RAM TRIPATHI February 27, 2020.598 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for establishment of National Waste Management Council for suggesting, advising and consulting with Union and State Governments for management for waste disposal across the country. Clause 4 provides for establishment of the Council which will have six persons, including Chairperson. Clause 9 of the Bill, provides for salary, allowances and other conditions of service of Chairperson and Members. Clause 10 provides for appointment of necessary manpower, materials and other services for carrying out the purposes of this Act. Clause 11 provides for setting up research and development centres across all the State and Union territories for efficient, cost effective and less polluting mechanisms to recycle and manage various types of wastes. Clause 12 provides that the Central Government shall provide funds for being utilised for the purposes of this Act. 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 one hundred crore from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 15 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character. ————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 599 BILL NO. 108 OF 2020 A Bill further to amend the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 BE it enacted by Parliament in the Seventy-first year of the Republic of India as follows:— 1.(1) This Act may be called the Mahatma Gandhi National Rural Employment Short title and Guarantee (Amendment) Act, 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.600 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of 2. In Schedule I of the Mahatma Gandhi National Rural Employment Guarantee Act, Schedule I. 2005,— (a) in sub-para (1) of para 4, the following entry shall be added at the end, namely:— "V. Category E: INDIVIDUAL ASSETS FOR HOUSEHOLDS OTHER THAN IN PARAGRAPH 5 (i) Agricultural operations or related activities creating individual assets on land or homestead owned by unskilled family members of households other than in paragraph 5; and (ii) Improving livelihoods through horticulture, sericulture, plantation, pisciculture and farm forestry."; (b) in sub-para (3) of para 4, the words ‘‘,agricultural operations,’’ shall be omitted; (c) after para 6, the following para shall be inserted, namely:— "6A. The Central Government shall, in consultation with the State Governments, frame a scheme to,— (i) give preference to the family members of each household to undertake agricultural operations or related activities in the farms owned by themselves or their parents; (ii) encourage the unemployed young family members of each household to undertake agricultural operations or related activities in the farms owned by themselves or their parents and provide payment on a daily basis; and (iii) provide for welfare of the unemployed young family members of each household on the basis of their population.".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 601 STATEMENT OF OBJECTS AND REASONS The Mahatma Gandhi National Rural Employment Guarantee (MGNREGA) Scheme formulated under the MGNREGA Act, 2005 is directly linked with the life of the poor people and promoting wider development. It is immensely contributing to society by ensuring employment to the families in rural areas. Farmers assign tilling, sowing, irrigation and other jobs for Rabi and Kharif crops to the labourers on daily wage basis in their farms. At present farmers in rural areas are bound to pay wages more than what is prescribed under the Mahatma Gandhi National Rural Employment Guarantee Scheme. As a result, the youth belonging to farmers' families are heading towards urban areas in search of employment. In cities, they get petty jobs, with the help of which they manage to send the meager amount to their parents in order to enable them to pay wages to the labourers who are working in their fields. Usually, the son of farmer moves to a city in search of private job so that his parents do not have to sell the foodgrains or ration collected through Rabi or Kharif crops in order to pay the wages to the labourers working in the farms. The unemployed youth of villages are moving from villages to cities in search of jobs. For want of manpower as well as funds, during harvest season, the farmers are now forced to use crop cutting machines to reap the crops. The use of crop cutting machine leaves crop stubbles and other materials in the fields which can be avoided if crop is cut manually by labourers. Farmers put crop stubbles left in the fields on fire before preparing the field for next crop. Burning of stubbles results in air pollution besides noticeable shortfall in cattle fodder. The employment under MGNREGA is based on physical labour in which there is no interference of contractors and machines. Moreover, the fields of the farmers have not been included under MGNREGA. If the agricultural activities are covered under the parent Act, adult boys and girls of the farmers families will be able to get the benefit of MGNREGA for working in their own fields or parents' fields. In such a situation, it is very important to cover agriculture activities within MGNREGA in order to ensure economic development and overall welfare of farmers. Hence this Bill. NEW DELHI; GANESH SINGH March 11, 2020602 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 2 of the Bill provides for covering of agricultural operations or related activities creating individual assets on land or homestead owned by unskilled family members of households under the Mahatma Gandhi National Rural Employment Guarantee (MGNREGA) Scheme. It also provides for payment of wages to the unemployed young family members of each household to undertake agricultural operations or related activities in the farms owned themselves or their parents. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. However, at this stage it is not possible to estimate the recurring expenditure likely to be involved from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 603 BILL NO. 12 OF 2021 A Bill to provide for compulsory installation of the solar panels, promote production of energy from renewable energy resources in order to reduce dependence on fossil fuels, ensure energy security and reduce local and global pollutants keeping in view economic, financial, social and environmental considerations and for matters connected therewith or incidental thereto. WHEREAS it is expedient to increase the proportion of renewable sources of energy in India's energy mix and to reduce the reliance on fossil fuels in order to achieve economic and environmental objectives; AND WHEREAS it is necessary to facilitate a transition from fossil fuels to renewable sources of energy with an appropriate legal framework;604 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— AND WHEREAS increased use of renewable energy sources raises important issues relating to electricity systems infrastructure, land allocation, cost of access and finance which require inter-ministerial coordination and expert assistance to seek resolution; AND WHEREAS there is need to move towards installation and Integrated Energy Resource Panels; BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Compulsory Installation of Solar Plants Act, 2021. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 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) "building" includes all such structures, sheds, houses and buildings as may be notified by the appropriate Government under this Act; (c) "commercial establishment" means any building which is being used as an office or factory or for any other commercial purpose in connection with any trade or business; (d) "government building" means any building occupied or being used by any Government department or Ministry and includes offices of public sector enterprises, statutory bodies, bodies owned or administered by the Government, autonomous bodies, bodies of local self government and residential complex allotted to its employees by the appropriate Government; (e) "household" means a dwelling unit of any description or privately owned buildings; (f) "housing society" means a dwelling unit in a complex or building; and (g) "prescribed" means prescribed by rules made under this Act. Compulsory 3. Notwithstanding anything to the contrary contained in any law for the time being installation of in force, the appropriate Government shall take steps for installation of solar panels in every solar panels in government building within such time, as may be prescribed, so as to ensure that atleast Government buildings. one-third of the total requirement of electricity in that building is met by generation of electricity through solar panels. Compulsory 4. (1) Every owner of an independent household building having area of not less than installation of two thousand square feet or every owner who proposes to construct on an area of not less solar panels by than two thousand square feet an independent household building shall have provision of privately owned solar panel unit in the proposed map of the structure to be approved by the municipal or any buildings, structures, such other local authority. households and residential (2) On approval of map of structure by the municipal or such other competent local establishments. authority, the owner shall install solar panels for generation of electricity. (3) Every developer or builder of a building or housing society shall submit a compliance report of installation of solar panel along with the map of the proposed property within such time, as may be prescribed, to such Nodal Officer or competent Authority, as the appropriate Government may, by notification, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 605 Explanation.—For the purposes of this section "builder" or "developer" includes the company or individual or group of individuals responsible for the planning and construction of the building or the housing society. 5. (1) Every commercial, institutional, corporation and any other establishment shall Compulsory install solar panels, for generation of electricity within the premises of the commercial installation of solar panels by establishment. commercial, institutional, (2) The responsibility to ensure compliance of the provision of sub-section (1) shall corporation and lie on the person or the company who is primarily responsible for the affairs of that other establish- establishment. ments. (3) Every person or the company, owner or holder of the commercial building or establishment, as the case may be, shall submit a compliance report of installation of solar panels, within such time, as may be prescribed, to such Nodal Officer or competent Authority, as the appropriate Government may, by notification, appoint. 6. (1) The appropriate Government shall, within such time as may be prescribed, Programmes for prepare programmes plans and policies aimed at creating awareness and education among awareness and the masses about the technology and the benefits of installation of solar panels. education in the masses about benefits of (2) The appropriate Governments shall organise awareness programmes for promotion installation of and use of solar panels through social media, print media, advertising and electronic solar panels. media. (3) The appropriate Government shall encourage non-Governmental Organisations and other agencies or institutions, engaged in the field of promoting use of renewable energy for generation of electricity by providing them adequate financial assistance for running awareness programmes. 7. The appropriate Government shall ensure the implementation of the provisions of Apppropriate this Act within the establishments controlled or managed, partially or wholly by it. Government to ensure imple- mentation of the provisions of the Act. 8. The Central Government shall, after due appropriation made by Parliament by law in Central this behalf, provide requisite funds to the State Governments for the purposes of this Act. Government to provide requisite 9. Every State Government shall, for the purposes of this Act, further allocate the funds. requisite funds to Nodal Officer, responsible for adopting or implementing the provisions of State this Act. Government to allocate funds to the Nodal Officer. 10. (1) The appropriate Government may, for the purpose of installing solar panels, Financial provide subsidy or financial assistance of atleast forty percent of the cost of solar panel in assistance provided by the residential sector in such manner, as may be prescribed. appropriate Government. (2) The appropriate Government, shall provide financial assistance of atleast fifty percent of the benechmark cost of installation of solar panel in farming sector in such manner, as may be prescribed. (3) The appropriate Government shall provide financial assistance of atleast thirty percent of the benechmark cost of installation of solar panel in commercial, industrial, institutional and other establishments in such manner, as may be prescribed. 11. Whosoever contravenes the provisions of this Act shall be punished with Punishment. imprisonment for a term which shall not be less than six months but which may extend upto two years or with fine which shall not be less than rupees one lakh but may extend upto rupees five lakh or with both.606 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Act to have 12. The provisions of this Act and rules made thereunder shall have overriding effect, overriding notwithstanding anything inconsistent therewith contained in any other law, for the time effect. being in force. Act not in 13. Notwithstanding anything contained in any other law, the provisions of this Act derogation with shall be in addition to and not in derogation of any law, to meet the purpose of this act, for existing laws. the time being in force. Power to make 14. (1) The appropriate Government shall, by notification in the Official Gazette, make rules. rules for 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 the Parliament, while 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 each House of the State Legislature.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 607 STATEMENT OF OBJECTS AND REASONS The availability of electricity is less as compared to the demand. With the dependence upon solar energy, the want of electricity will not only be fulfilled but non-dependence on scarce resources would help preserve the resources and environment. Compulsory installation of solar panels is also the need of the hour. It will help generations to maintain sustainable resources, environment and ecological balance. The need is to promote the production of energy through the use of renewable energy sources in accordance with climate, environment and macroeconomic consideration in order to reduce dependence on fossil fuels, ensure security of supply and reduce emissions of CO 2 (Carbon dioxide) and other greenhouse gases. The Bill, therefore, seeks to provide for a legislative framework to promote the use of solar energy in residential, commercial and Government establishments. Hence this Bill. NEW DELHI; MOHAMMAD JAWED September 10, 2020608 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for compulsory installation of solar panels in Government buildings. Clause 6 provides that the appropriate Government shall provide adequate financial assistance to non-Governmental organisations and other agencies or institutions engaged in the field of energy generated from solar panels, for the purpose of spreading awareness among people about the importance of generation of electricity through solar panels. Clause 8 provides that the Central Government shall provide requisite funds to the State Government for carrying out the purposes of this Act. Clause 9 provides for the State Government to further allocate funds to Nodel Officer for carrying out the purposes of the Act. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees three thousand crore per annum would involve for the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 14 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 609 BILL NO. 3 OF 2021 A Bill further to amend the Prevention of Cruelty to Animals Act, 1960. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the Prevention of Cruelty to Animals (Amendment) Act, Short title and 2021. 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 11 of the Prevention of Cruelty to Animals Act, 1960, in sub-section (1), Amendment of section 11. for the words “he shall be punishable, in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or610 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— with imprisonment for a term which may extend to three months, or with both.”, the words “he shall be punishable, in the case of a first offence, with fine which shall not be less than ten thousand rupees but which may extend to twenty five thousand rupees or with imprisonment for a term which may extend upto one year or with both, and in the case of a second or subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees and with imprisonment for a term which shall not be less than one year but which may extend to two years.” shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 611 STATEMENT OF OBJECTS AND REASONS The laws in our country, in particular the Prevention of Cruelty to Animals Act, 1960, meant for the protection and safety of animals are ineffective, considering the meagre or less penalties prescribed, which are neither proportional to the gravity of the offences committed nor enough to prevent such offences by creating any deterrent effect on the persons committing such offence against animals. A fine of fifty rupees is not adequate fine when it comes to offences which may result in severe injury to animals. The consequence of such miniscule amount of fine and sentence for such grave and serious offences is the recurring incidents of animal abuse. Therefore, an amendment to the Prevention of Cruelty to Animals Act, 1960, with increased amount of fine and sentence so as to create a deterrence to prevent cruelty against animals is urgently required. Hence, this Bill. NEW DELHI; MOHAMMAD JAWED September 16, 2020.612 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 28 OF 2021 A Bill further to amend the Rights of Persons with Disabilities Act, 2016. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Rights of Persons with Disabilities (Amendment) commencement.Act, 2021. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment of 2.In the Schedule to the Rights of Persons with Disabilities Act, 2016, in para 4, in 49 of 2016 the Schedule. sub-para (b), after entry (iii), the following entry shall be inserted, namely:— "(iiia) 'diabetes mellitus' means a chronic and metabolic disease characterised by high level of blood glucose (blood sugar) in the body of a person, if persists for a long period of time, causing serious damage to the heart, blood vessels, eyes, kidneys and nervous system.''.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 613 STATEMENT OF OBJECTS AND REASONS Diabetes mellitus, commonly known as diabetes is a chronic and metabolic disease characterized by elevated levels of blood glucose (or blood sugar), which leads over a period of time to serious damage to the heart, blood vessels, eyes, kidneys and nerves. The most common is Type 2 diabetes, usually in adults, which occurs when the body becomes resistant to insulin or doesn't make enough insulin. Type 1 diabetes, once known as juvenile diabetes or insulin-dependent diabetes, is a chronic condition in which the pancreas produces little or no insulin by itself. For people living with diabetes, access to affordable treatment, including insulin, is critical to their survival. Diabetes is responsible for every one in twenty deaths from all causes and approximately four million annual deaths are because of complications of diabetes six deaths every minute or one death every 10 seconds. Currently, 4.0-11.6 per cent. of India's urban population and three per cent. of the rural population above the age of fifteen has diabetes. India has been called "the diabetes capital of the world," and it is estimated that forty-one million Indians have the disease and "every fifth diabetic in the world is an Indian". The socio-economic burden due to diabetes in India is among the highest in the world with low income families spending upto twenty-five per cent. of the family income on the cost of care of a diabetic adult. The Bill, therefore, proposes to amend the Rights of Persons with Disabilities Act, 2016 to include Diabetes mellitus commonly known as 'diabetes' as a form of disability under the Act. Hence this Bill. NEW DELHI; MOHAMMAD JAWED February 2, 2021.614 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 34 OF 2021 A Bill further to amend the Protection of Children from Sexual Offences Act, 2012. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:- Short title and 1. (1) This Act may be called the Protection of Children from Sexual Offences commencement.(Amendment) Act, 2021. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment of 2.In section 11 of the Protection of Children from Sexual Offences Act, 2012, after 32 of 2012. Section 11. clause (vi), the following clause shall be inserted, namely:— "(vii) establishes or builds a relationship with a child, either in person or through the use of the internet or such other digital technologies, in order to entice or per- suade, either online or offline, that child to engage in sexual contact with that person.''SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 615 STATEMENT OF OBJECTS AND REASONS Over the past few years, with the growing prevalence of social media, the internet has become a breeding ground for activities aimed at sexual harassment of children. In particular, a new practise, commonly known as "grooming'' has emerged, whereby the offender establishes a "friendly'' relationship with a child, especially (but not necessarily) over the internet, in order to entice or persuade the child to engage in sexual acts. The anonymity provided by the internet, coupled with easy and unregulated access to social media, has fuelled the rise of child grooming. This grooming has the potential to leave a deep impact on child's physical, emotional and psychological well-being. The devastating effect of grooming can also be long-term and haunt the victim even in their adulthood. Hence, there is a strong need to explicitly criminalise the act of grooming. Currently, the Protection of Children from Sexual Offences Act, 2012 recognises six distinct categories of sexual harassment of children under section 11. However, none of these categories are sufficiently comprehensive to include within its ambit the act of grooming. The Bill, therefore, seeks to amend the parent Act with a view to insert grooming of children as a new category of sexual harassment under section 11, by punishing any act through which a person establishes or builds a relationship with a child, either in person or through the internet to facilitate online or offline sexual exploitation of such child. The Bill seeks to achieve the above objectives. NEW DELHI; ANUBHAV MOHANTY January 22, 2021.616 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 35 OF 2021 A Bill further to amend the Prevention of Cruelty to Animals Act, 1960. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title and 1. (1) This Act may be called the Prevention of Cruelty to Animals (Amendment) commencement.Act, 2021. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 617 59 of 1960. 2. In section 11 of the Prevention of Cruelty to Animals Act, 1960 (hereinafter referred Amendment of Section 11. to as the principal Act), in sub-section (1), (a) after clause (0), the following clauses shall be inserted, namely:— "(p) organizes, participates, promotes or in any manner is associated with any sport or activity involving the use of animals, where such animals are subjected to cruelty either during the sport or activity itself, or while in training; (q) skins, roasts or kills for superstition or extracts parts of any live animals through a procedure which causes pain and suffering, for the purpose of getting skins, oils or other animal products; (r) dynamites streams, rivers or other water bodies for the purpose of fishing or harming aquatic animals; or (s) electrifies a fence, without the authority of law, whereby pain and suffering is caused to any animals;"; and (b) for the words "he shall be punishable, in the case of a first offence, with fine which shall not be less than ten rupees but which may extend to fifty rupees, and in the case of a second or subsequent offence committed within three years of the previous offence, with fine which shall not be less than twenty-five rupees but which may extend to one hundred rupees or with imprisonment for a term which may extend to three months, or with both", the words "he shall be punishable, in the case of a first offence, with fine which shall not be less than ten thousand rupees but which may extend to twenty five thousand rupees, or with imprisonment up to one year, or with both, and in the case of a second or subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees, and with imprisonment for a term which shall not be less than one year but may extend to three years." shall be substituted. 3. After section 11 of the principal Act, the following sections shall be inserted, Insertion of namely:— new sections 11A and 11B. "11A. If any person knowingly carries out an act of cruelty on any animal to Penalty for cause permanent bodily harm or commits an act that is known to cause imminent gruesome or life threating danger to the life of an animal or likely to cause death or life threating trauma to the cruelty against animal, he shall be punished with imprisonment for a term which may extend to two animals. years and/or with fine of rupees fifty thousand per animal or cost of the animal, whichever is higher. 11B. (1) If any person commits an act with the intention of causing death to an Penalty for animal or commits an act which is likely to cause death in any given circumstances of Killing on an animal with or without intention he shall be punished with imprisonment for a term animals. which may extend to five years, with fine of rupees one lakh or three time the cost of the animals, whichever is higher. (2) Nothing in this section shall apply to acts of killing or slaughter of an animal as exempted under clauses (d) and (e) of sub-section (3) of section 11 or any other law for the time being in force." 4. In section 12 of the principal Act, for the words "one thousand rupees, or with Amendment of imprisonment for a term which may extend to two years", the words "forty five thousand section 12. rupees or with imprisonment for a term of three years which may extend to five years" shall be susbstituted. 5. In section 20 of the principal Act, for the words, "he shall be punishable with fine Amendment of which may extend to two hundred rupees, and, when the contravention or breach of condition section 20. has taken place in any institution, the person in charge of the institution shall be deemed to be guilty of the offence and shall be punishable accordingly," the words "such person or institution shall be punishable in the case of a first offence, with fine which shall not be less618 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— than two lakh rupees and in the case of a second or subsequent offence, with fine which shall not be less than five lakh rupees but which may extend upto ten lakh rupees or with imprisonment for a term which may extend to two years or with both" shall be substituted. Amendment of 6. In section 26 of the principal Act, for the words "five hundred rupees or with section 26. imprisonment which may extend to three months,", the words "twenty five thousand rupees per animal or with imprisonment which may extend to six months," shall be substituted. Amendment of 7. In section 29 of the principal Act, in sub-section (5), for the words "one hundred section 29. rupees, or with imprisonment for a term which may extend to three months.", the words "twenty five thousand rupees, or with imprisonment for a term which may extend to six months," shall be substituted. Amendment of 8. In section 31 of the principal Act, for the words and figures "an offence punishable section 31. under clause (1), clause (n), clause (1) or clause (o) of sub-section (1) of section 11 or under section 12 the words and figures "an offence punishable under section 11, section 12 and section 38" shall be substituted. Amendment of 9. In section 38 of the principal Act, in sub-section (3), for the words "one hundred section 38. rupees or with imprisonment for a term which may extend to three months," the words, "seven thousand five hundred rupees per animal or with imprisonment for a term which may extend to six months," shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 619 STATEMENT OF OBJECTS AND REASONS The primary objective of the Prevention of Cruelty to Animals Act, 1960 is the prevention of infliction of unnecessary pain or suffering on animals. Since the time of coming into force, the Act has not been amended. Resultantly, many of its provisions have become either outdated or insufficient in dealing with the scourge of animal cruelty. The categories of acts that constitute the offence of animal cruelty under section 11 are not comprehensive. They do not take into account various acts such as involvement in sports or activities whereby animals are subjected to cruelty, injuring or killing animals for superstition, extracting parts of live animals through a procedure that inflicts cruelty for the purpose of getting animal products, dynamiting water bodies for fishing and electrifying fences without authority of law which results in causing pain and suffering to animals. The quantum of penalty prescribed under sections 11, 12, 26, 29 and 38 of the Act is extremely paltry, ranging from rupees ten to rupees two hundred. Such meager penalties render the provisions of the Act highly ineffectual and practically toothless. Consequently, the Act fails to serve as a strong deterrent to animal abuse and inadvertently perpetuates recurring incidents of cruelty to animals. In light of the foregoing, this Bill seeks to amend the provisions of penalty and cognizability of offences under the Act to expand the scope of its application and enhance the penalties prescribed under it. Through these changes, the Bill aims to make the Act more comprehensive and bring its provisions in line with its aims and purposes. The Bill seeks to achieve the above objectives. NEW DELHI; ANUBHAV MOHANTY January 22, 2021.620 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 29 OF 2021 A Bill further to amend the Code of Criminal Procedure, 1973. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:- Short title and 1. (1) This Act may be called the Code of Criminal Procedure (Amendment) Act, 2021. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Amendment of 2. In section 41 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 2 of 1974 Section 41. Code), after sub-section (2), the following sub-sections shall be inserted, namely:— "(3) No arrest under this section shall be made unless the police Officer has— (a) made the relevant entry including reasons of arrest in the case diary and the daily diary register; (b) obtained written approval of the officer in charge of the police station; and (c) provided the information regarding bailable or non-bailable nature of offence to the person against whom complaint has been made.". Amendment of 3. In section 309 of the Code, in sub-section (2), for the words "and may by a warrant Section 309. remand the accused if in custody:", the words "and shall, upon such postponement or adjournment, release the accused on bail if in custody or, for reasons to be recorded in writing, remand such accused to further custody:" shall be substituted.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 621 STATEMENT OF OBJECTS AND REASONS The right to life and liberty is a sacred and fundamental right mentioned in article 21 of the Constitution but it has been hampered by the police while exercising vast powers under the Code of Criminal Procedure, 1973. A widely discussed and contentious issue has been constant abuse of personal liberty and constitutional rights by the law enforcing agencies of the Government in the name 'protection of the public'. The Supreme Court has laid down several guidelines in various cases regarding arrest. In Arnesh Kumar vs State of Bihar and Anr. (Cr. Appeal No. 1277 of 2014), the Court has said that arrest should not be made as matter of course and laid down several guidelines to ensure the same. In order to safeguard against the arbitrary exercise of power to arrest under section 41 of Code of Criminal Procedure, it is desirable that an addition be made to that effect and checks and balances be ensured under the Code. With regard to remands, it has come to the notice that, in practice, Magistrates authorize detention in a routine and casual manner. With regard to section 309(2) of the Code of Criminal Procedure, this provision deals with remand of an person accused of an offence after cognizance of the offence has been taken by the court. Where the trial is postponed or adjourned, the Court may remand such accused if he is in custody. The provision does not mention that the Magistrate may also release the person from custody. As a result, the section appears to suggest that remand under the provision is the only outcome. To ensure that remand does not take place in a mechanical manner and the court should consider both the continuing need, if any, for the person to remain in custody, as well as the length of under trial incarceration undergone by him, in determining whether the person should be released or sent to remand. An amendment to this effect is required to be provided in section 309(2) of the Code of Criminal Procedure, 1973. Hence this Bill. NEW DELHI; ANUBHAV MOHANTY January 22, 2021.622 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 142 OF 2021 A Bill to provide for the formulation of a national policy to set up advanced tools, techniques and technologies for control and management of the disposal of stubble directly outside the agricultural farm lands, for their scientific management and for preparing a model stubble management policy to prevent open burning or open depositing of stubble garbage or waste so as to protect the environment and ultimately mother Earth from being polluted by smoke and smog spread due to the burning of stubble in open fields which is also responsible for the climate change and for matters connected therewith or incidental thereto. WHEREAS decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, include the preservation of the quality of air and control of air pollution; AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they relate to the preservation of the quality of air and control of air pollution;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 623 BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— 1. (1) This Act may be called the Management and Control of Stubble Act, 2021. Short title, extent and (2)It extends to the whole of India. commencement. (3)It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 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) "biomass pellets" include pellets created from agro-residual waste and stubble; (c) "Custom Hiring Centers" means units comprising sets of farm machinery, implements and equipment meant for custom hiring by farmers; (d) "garbage" means the garbage or waste material which is not of any use to farmers; (e) "public place" means any place which is open to use and enjoyment of the general public whether it is actually used or enjoyed by the public or not and includes a road, street, market, house gully or way, whether a throughfare or not, and the landfill sites to which public are granted access or have a right to resort or over which they have a right to pass; and (f) "stubble'' means the short, stiff stalks of grain or hay remaining on an agricultural field after harvesting of crop. 3. (1) The Central Government shall, within six months of the commencement of this National Policy Act, frame and publish in the Official Gazette a National Policy for management and control for management and control of of disposal of stubble throughout the country. disposal of stubble. (2)Without prejudice to the generality of the provisions contained in sub- section (1), the National Policy shall include— (a) establishment of Custom Hiring Centres (CHCs) for in-situ crop residue management machinery in all the districts across country; (b) provision for Information, Education and Communication (IEC) activities for creating awareness among farmers regarding disposal of stubble; (c) policy for distribution of in-situ crop residue management machinery to farmers on subsidy; (d) policy for biomass utilization of stubble for power generation through co-firing in pulverized coal fired boilers; (e) setting up power plants which are capable of generating power from stubble or combination of stubble with other bio degradable garbage; (f) mandatory provision for all coal based Thermal Power Plants to use minimum five per cent. of biomass pellets and upto ten per cent. to be co-fired with coal; (g) promote technology to use stubble in construction and development of tourist places and spots; (h) setting up of stubble recycling plants; and (i) promote participation of Panchayat at all levels in educating people in control and management of stubble in their areas.624 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Prohibition to 4. (1) Notwithstanding anything contained in any other law for the time being in force, throw stubble the disposal of stubble by any person, by himself or through another, knowingly or otherwise in public place. by burning it in open agricultural fields and public places is hereby prohibited. (2)No person shall, knowingly or otherwise, place or permit to be placed, except in accordance with such procedure and after complying with such safeguards as may be prescribed, any stubble or garbage with stubble in any public place or in a place open to public view unless,— (a) the stubble is placed in a power plants capable of generating power from the stubble or combination of stubble with other bio-degradable garbage; or (b) the stubble is deposited in a location designated by a local self-Government having jurisdiction on an area for the lawful use or disposal of stubble, as the case may be. (3)Whoever contravenes the provisions of this section shall be guilty of committing an offence under this Act. Establishment 5. It shall be the duty of the local self-Government to,— of Custom Hiring Centres (a) establish sufficient number of Custom Hiring Centres (CHCs) for in-situ crop and distribution residue management machinery in central and convenient location; of crop residue machinery. (b) provide crop residue management machinery to the farmers; (c) setting up of appropriate number of stubble recycling plants; (d) establish Information, Education and Communication (IEC) centres for creating awareness among farmers; and (e) adequate arrangement for collection and deposit of stubble collected. Penalty. 6. (1) Whoever commits any act in contravention of any of the provisions of this Act shall be liable to pay fine which shall not be less than twenty thousand rupees, but which may extend upto fifty thousand rupees. (2)Whoever having been convicted of an offence under this Act is again convicted of any offence under this Act shall be punished with simple imprisonment which may extend upto one year. (3)Notwithstanding anything contained in the Code of Criminal procedure, of 1973, an 2 of 1974. offence punishable under this Act shall be cognizable and bailable. Welfare 7. It shall be the duty of the appropriate Government to extend welfare measures, Measures for appropriate medical facilities and special allowances to the workers who are engaged to Workers. execute works under the National policy framed under this Act. Offence to be 8. All offences under this Act shall be tried in a summary way by a Judicial Magistrate tried Summarily.of the first class and the provisions of the Code of Criminal Procedure, 1973 shall, as far as 2 of 1974. may be, apply to such trials. Central 9. The Central Government shall, after due appropriation made by Parliament by law in Government to this behalf, provide requisite funds, from time to time to State Governments for carrying out Provide Funds. the purposes of this Act. Act to 10. The provisions of this Act shall be in addition to and not in derogation of any other Supplement law for the time being in force dealing with the subject matter of this Act. other Laws. Power to 11. (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 whichSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 625 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.626 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS In recent years, during the winter season most of the cities in the National Capital region have been badly affected with the smoke and smog and air pollution due to the burning of stubble by the farmers in Punjab, Haryana, Rajasthan and other States. Farmers of Haryana and Punjab cultivate wheat and paddy in every six months. During this time, after harvesting a crop, it is used to clean the fields. Air pollution arises after burning pollen. The pollution level increases in Delhi, especially after the burning of stubble by the farmers of Haryana and Punjab. The matter has reached the Supreme Court. The Supreme Court and the NGT both have issued the instructions on the ban on burning of Stubble. Since then the farmers are demanding from the Government for alternatives of dispose of stubble. In addition to wheat and paddy, sugarcane leaves are most commonly burnt. According to an official report, more than 500 million tonnes of parali (crop residues) is produced annually in the country, cereal crops (rice, wheat, maize and millets) account for seventy per cent. of the total crop residue. Ozone layer is bursting with carbon monoxide and carbon dioxide gases in the smoke that comes out of the burn, due to which the ultraviolet rays, which can prove fatal to the skin, reach the ground directly. Its smoke causes irritation in the eyes. The problems relating to breathing and lung diseases are also increasing. The Ministry of Power had brought out a policy for biomass utilization for power generation through co-firing in pulverized coal fired boilers in November, 2017. As per the policy, all fluidized bed and pulverized coal units (coal based thermal power plants) of power generating utilities, public or private, located in shall endeavor to use 5-10 per cent. blend of biomass pellets made, primarily of agro residue along with coal after assessing the technical feasibility viz. safety aspects etc. In line with the policy, Central Electricity Authority (CEA) had issued an advisory to all concerned State Governments, power plants utilities, power equipment manufacturers and other stakeholders to promote use of biomass pellets. The Ministry of Power has decided that the States of Haryana and Punjab shall issue bids for all coal based Thermal Power Plants to use minimum five per cent. of biomass pellets and upto ten per cent. to be co-fired with coal. The Bill, therefore, seeks to provide for formulation of national policy to set up advanced tools, techniques and technologies for control and management of the disposal of stubble directly outside the agricultural farm lands, for their scientific management and for preparing a model stubble management policy to prevent open burning or open depositing of stubble garbage or waste so as to protect the environment and ultimately mother Earth from being polluted by smoke and smog spread due to the burning of stubble in open fields which is also responsible for the climate change. Hence this Bill. NEW DELHI; BHOLA SINGH July 6, 2021. ———— FINANCIAL MEMORANDUM Clause 7 of the Bill provides for welfare measures, medical facilities and special allowances to the workers who are engaged to execute the work under this Act. Clause 9 makes it mandatory that the Central Government shall provide funds from time to time for carrying out the purposes of this Bill. At this stage it is not possible to quantify the funds which may be required for the implementation of the provisions. However, it is estimated that a sum of rupees one hundred crore may involve from the Consolidated Fund of India as recurring expenditure per annum. A non-recurring expenditure of about rupees one hundred crore may also be involved.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 627 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 11 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character.628 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 136 OF 2021 A Bill to provide for a comprehensive policy towards stabilizing the population of the country by providing voluntary and safe access to methods of contraception, establishment of a Population Planning Agency, promotion of schemes that incentivises the small family norm, creating awareness on family planning and providing access of education to empower every girl child and for all matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— Short title, 1. (1) This Act may be called the Population (Control and Management) Act, 2021. extent and commencement. (2) It extends to the whole of India. (3)It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. In this Act, unless the context otherwise requires,— (a) " Agency" means the National Population Planning Agency constituted under section 3; (b) " appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 629 (c) " hospital" means any private or public healthcare institution that provides general, critical care or specialized healthcare; (d) "prescribed" means prescribed by rules made under this Act; and (e) "small family" means a family having one or two living children. 3. (1) The Central Government shall, within one year of the coming into force of this Constitution Act constitute anAgency to be known as the National Population Planning Agency for of a National Population carrying out the purposes of this Act. Planning Agency. (2)The Agency shall consist of:— (a) Secretary, Union Ministry of Statistics and Programme Implementation— ex-officio, Chairperson; (b) Secretary, Ministry of Health and Family Welfare—ex-officio, Secretary; (c) Chairperson, National Commission for Women—ex-officio member; (d) Secretary, Ministry of Women and Child Development—ex-officio member; (e) Secretary, Ministry of Social Justice and Empowerment—ex-officio, member; (f) Secretary, Ministry of Education—member; and (g) two persons, with experience of at least ten years in the social sector, one of whomshall be a woman. (3)The Central Government shall appoint such number of officers and staff as it considers necessary for the functioning of the Agency. (4)The salary and allowances payable to and terms and conditions of services of the members, officers and staff of the agency shall be such as may be prescribed. 4. The Agency shall— Functions of the Agency. (a) conduct nation-wise surveys at an interval of every five years to assess the growth in population and analyse the trends; (b) formulate and implement the national population control strategy and monitor its implementation throughout the country; (c) establish recreational centres at panchayat level to host traditional art forms to disseminate messages regarding family planning; (d) formulate schemes to provide for free education up to college level for the first child and to the second child only if gap between the two is greater than three years; (e) formulate schemes to provide weightage in Government jobs for the single child; (f) ensure dissemination of proper information regarding safe family planning methods such as contraception and spacing between births; (g) include in school curriculum a proper syllabus on the importance of population stabilization; (h) undertake, promote and publish studies relating to the Indian population; (i) conduct awareness campaigns relating to medical procedures regarding birth control; and (j) undertake such other activities as may be prescribed by the Central Government.630 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Meetings of 5. The Agency shall meet at such times and places and shall observe such rules of the Agency. procedure in regard to transaction of business at its meetings as may be prescribed. Establishment 6. (1) The appropriate Government shall establish Family Planning Quality Assur- of Family ances Committees at the State and District level. Planning Quality (2) The Committee shall,— Assurance Committees at (a) ensure quality care in family planning services through accreditation of States and every hospital or clinic providing such services; District level. (b) conduct regular inspections to ensure that services are disseminated in accordance with standards established by the committee; and (c) establish a citizen's grievance redressal mechanism to assess into faulty disservice at any clinic or hospital. Incentive-based 7. Notwithstanding anything contained in any law for the time being in force, every population person, who adopts the small family norm, shall be entitled to— control measures. (a) two additional increment as incentive if the person is employed with the Central or the State Government; (b) free healthcare at all the public healthcare institutions for the entire family; (c) subsidised education for the children at public schools; and (d) receive such other benefits as may be prescribed by the Central Government from time to time. Access of safe 8. The appropriate Government shall ensure that married couples have access to and voluntary quality and affordable contraceptive devices, medicines and healthcare pertaining to family family planning planning and matters incidental and consequential thereto. measures. Access to 9. The appropriate Government shall— quality education to (a) ensure that measures are taken to secure the right to education of good the girl child. quality for women and girls, on an equal basis with men and boys, and that they complete a full course of primary education; and (b) reviewefforts to improve and expand the education of girls and women at all levels, including at the secondary and higher levels, as well as vocational education and technical training, in order to, achieve gender equality, empowerment of women and poverty eradication. Central 10. The Central Government shall, after due appropriation made by Parliament by law Government to in this behalf, fromtime to time, provide requisite funds for carrying out the purposes of this provide funds. Act. Power to 11. If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government, in consultation with the State Governments, may make such order or give such difficulties. direction, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act. Power to 12. (1) The appropriate Government may, by notification in the Official Gazette, make makes 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 orSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 631 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. ———— STATEMENT OF OBJECTS AND REASONS India is the second most populous country in the world despite the fact that it was the first country to enact a national population control policy. Conversely, India's population has grown steadily since independence. Studies suggest that the country could surpass China's population by the year 2030, thereby, becoming the most populous country in the world. A high human population can impact natural resources and social infrastructure, which in turn places pressure on a country's sustainability. Indian population accounts for 20 per cent. of the total world population, however, the Indian land area is only per cent. of the total area of the world. In a developing country such as India where a large section of the population still lives in abject poverty with little to no resources, the need for stabilization of the population growth becomes crucial. A stabilized population ensures that every citizen can get access to the right amount of resources to live a life of dignity. Adopting a rights-based approach, there is need to provide for voluntary and safe access to family planning services. The increase in access to family planning facilities will empower women. Additionally, access to these services allows spacing of pregnancy which can reduce pregnancy related health risks in women. It would also ensure that the infant is healthier thereby reducing infant mortality rate in the country. Therefore, a comprehensive policy for population stabilization can help in moving towards a healthier population. Hence this Bill. NEW DELHI; BHOLA SINGH July 20, 2021. ———— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for constitution of a National Population Planning Agency. It also provides for appointment of persons with experience in social sector as members, officers and staff to the Agency. Clause 6 provides for establishment of Family Planning Quality Assurance Committees at the State and District level by the appropriate Governments. Clause 7 provides for certain incentives for adopting of small family norm. Clause 8 provides for access to quality and affordable contraceptive devices, medicines and healthcare pertaining to family planning. Clause 9 provides for access to quality education to the girl child. Clause 10 provides that the Central Government shall provide requisite funds carrying out the purposes of the Act. The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees two thousand crore per annum would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees two hundred crore is also likely to be involved. 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 detail only, the delegation of legislative power is of a normal character.632 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— BILL NO. 41 OF 2021 A Bill to provide for a framework by which India may develop and implement clear and stable climate change policies that contribute to the global efforts under the Paris Agreement to limit the global average temperature increase to 1.5° Celsius above pre-industrial levels and allows India to prepare for, and adapt to, the effects of climate change and for matters connected therewith or incidental thereto. WHEREAS India has made significant commitments in its Intended Nationally Determined Contribution (NDC) submitted to the United Nations Framework Convention on Climate Change (UNFCCC) in 2015 as part of the Paris Agreement; AND WHEREAS India's headline Paris pledge was to reduce the emission intensity of its Gross Domestic Product (GHG emission per unit GDP) by 33-35% over 2005 levels by 2030; AND WHEREAS the Paris Agreement is a legally binding international treaty on climate change; it was adopted by 196 Parties COP 21 (known as Conference of the Parties) in Paris, on 12 December 2015 and entered into force on 4 November 2016; its goal is to limit global warming to well below 2, preferably to 1.5 degree Celsius, compared to pre-industrial levels; AND WHEREAS it is considered necessary to achieve this long-term temperature goal, countries aim to reach global peaking of greenhouse gas emissions as soon as possible to achieve a climate neutral world by mid-century.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 633 BE it enacted by Parliament in the Seventy-second Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Climate Change (Net Zero Carbon) Act, 2021. Short title, extent and (2)It extends to the whole of India. commencement. (3)It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint. 2. In this Act, unless the context otherwise requires, — Definitions. (a) "2050 target" means reduction in net account emission of green house gases, other than biogenic methane, to zero by the calendar year beginning 1 January, 2050. (b) "biogenic methane" means all methane greenhouse gases produced from the agriculture and waste sectors (as reported in the India Greenhouse Gas Inventory); (c) "Commission" means the Climate Change Commission established under section 3; (d) "emission" means emissions of greenhouse gases; (e) "emissions budget" means the quantity of emissions permitted in each emissions budget period as a net amount of carbon dioxide equivalent; (f) "emissions budget period" means the five year period for the years 2022 to 2050, as specified under sub-section (3) of section 16 except for the period 2022 to 2025 which is a four year period; (g) "emissions reduction plan" means a plan for achieving an emissions budget prepared in accordance with sections 25 to 27; (h) "Fund" means the Environmental Relief Fund established under sub- 6 of 1991. section(3) of section 7A of the Public Liability Insurance Act, 1991; (i) "Government" means the Central Government; (j) "gross emissions" means India's total emissions from the agriculture, energy, industrial processes and product use, and waste sectors (as reported in the India Greenhouse Gas Inventory); (k) "India Greenhouse Gas Inventory" means the annual inventory report under Article 4 of the United Nations Framework Convention on Climate Change; (l) "net accounting emissions" means the total of gross emissions and emissions from land use, land-use change and forestry (as reported in the India Greenhouse Gas Inventory), except— (a) removals, including from land use, land-use change, and forestry (as reported in the India Greenhouse Gas Inventory); and (b) offshore mitigation (m) "offshore mitigation" means emissions reductions and removals, or allowances from emissions trading schemes— (i) that originate from outside India; and (ii) that are expressed as a quantity of carbon dioxide equivalent; and (iii) that are robustly accounted for to ensure that, among other things, double counting is avoided; and634 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (iv) that either represent an actual additional, measurable, and verifiable reduction or removal of an amount of carbon dioxide equivalent; or (v) that are an emissions trading scheme allowance that triggers the reduction of carbon dioxide equivalent; (n) "Paris Agreement" means the agreement adopted in Paris on 12December 2015, and includes any amendments that are binding on India, from time to time; (o) "Peoples Biodiversity Register" means the Register as defined by the Biological Diversity Act, 2002; 18 of 2003. (p) "removals" means in relation to a removal activity— (i) carbon dioxide equivalent greenhouse gases that are, as a result of the removal activity, removed from the atmosphere; or (ii) not released into the atmosphere; or (iii) a reduction from emissions reported in— (a)India's annual inventory report under sub-section (2) of section 24; or (b)any emissions report from India under a successor international agreement. CHAPTER II CLIMATE CHANGE COMMISSION Establishment 3. (1) With effect from such date as the Government may, by notification, appoint, of the Climate there shall be established for the purposes of this Act a Commission to be known as the Change Climate Change Commission. Commission. (2)The Commission shall consist of:— (a) A Chairperson, to be recommended by a panel comprising of the Prime Minister of India, the Leader of Opposition in the House of the People and the Chief Justice of India: Provided that in case of the post of Leader of Opposition in the Lok Sabha lying vacant, the Leader of the single largest party in the Opposition in the House of the People shall be included in the panel. (b) A Deputy Chairperson; (c) not exceeding five members from indigenous communities and appointed as per the Peoples Biodiversity Register; (d) not exceeding three specialists who have technical and professional skills, experience, expertise and innovative approaches, relevant to the environmental, ecological, social, economic and distributional effects of climate change and climate change policy intervention, to be appointed by the Government in such manner as may be prescribed: Provided that at least one-fifth members of the Commission shall be women and at least two-fifth members shall belong to the Scheduled Castes and the Scheduled Tribes. (3)The members, other than the Chairperson shall be recommended by a Nominating Committee to be constituted by the Government comprising the following members, namely:— (a) the Chairperson of the Commission; andSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 635 (b) four or more persons who, in the opinion of the Government, have the relevant skills or experience to identify suitably qualified candidates: Provided that if the post of Chairperson is lying vacant, the Nominating Committee shall comprise of five or more persons who, in the opinion of the Government, have the relevant skills or experience to identify suitably qualified candidates. (4)The Nominating Committee constituted under sub-section (3) shall,— (a) on request of the Government, nominate one or more person who, in its the opinion, are suitably qualified to be appointed to be members of the Commission; (b) before nominating a person for appointment,— (i) publicly call for expressions of interest in being appointed; and (ii) consult any person or group who may have an interest in being a member of the Commission, including— (a)those included in the Peoples Biodiversity Register; and (b)any person or group that the Government has identified as having an interest. (5)A member may resign from his office by giving notice in writing to the Government and on such resignation being accepted, he shall be deemed to have vacated his office. (6)A person shall be disqualified from being nominated or appointed if he,— (i) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or; (ii) has been adjudged an insolvent, or; (iii) is of unsound mind and stands so declared so by a competent court. (7) The Government may in consultation with the Chief Justice of India and the Leader of Opposition in the House of the People, at any time, remove from office any member, after giving him a reasonable opportunity of being heard against the proposed removal if such member— (i) has been adjudged an insolvent, or; (ii) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude, or; (iii) is of unsound mind and stands so declared so by a competent court, or; (iv) has acquired such financial or other interest as is likely to affect prejudicially his functions as a minister, or (v) has so abused his position as to render his continuance in office prejudicial to public interest. (8)The Government shall, provide such number of officers and other employees to the Commission as it may consider necessary for the purpose of effective implementation of the provisions of this Act. (9)The salary and allowances payable to and other terms and conditions of appoint- ment of Chairperson, Deputy-Chairperson, members, officers and employees of the Commission shall be such as may be prescribed: Provided that in recommending the appointment of a member of the Commission, the Government shall recommend a term of office that ensures that not more than two members have their terms of office expire in any calendar year.636 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Functions of the 4. (1) The Commission shall,— Commission. (a) review the 2050 target and, if necessary, recommend changes to the target; (b) provide independent, expert advice to the Government on mitigating climate change (including through reducing emissions of greenhouse gases) and adapting to the effects of climate change; (c) monitor and review the Government's progress towards its emissions reduction and adaptation goals; (d) advice the Government to enable the preparation of emissions budgets; (e) recommend necessary amendments to emissions budgets; (f) advice the Government about the quantity of emissions that may be banked or borrowed between 2 adjacent emissions budget periods; (g) advice the Government to enable the preparation of an emissions reduction plan; (h) monitor and report on progress towards meeting emissions budgets and the 2050 target; (i) prepare national climate change risk assessments; (j) prepare reports on the implementation of the national adaptation plan and other reports as may be requested by the Government; and (k) vundertake such other activities as may be assigned to it, from time to time, for carrying out the purposes of this Act. (2)The Commission shall, while performing its functions under sub-section (1), consider, where relevant— (a) current available scientific knowledge; (b) existing technology and anticipated technological developments, including the costs and benefits of early adoption of these technologies in India; (c) the likely economic effects; (d) social, cultural, environmental, and ecological circumstances, including differences between sectors and regions; (e) the distribution of benefits, costs, and risks between generations; (f) responses to climate change taken or planned by parties to the Paris Agreement or to the Convention; (g) proactive engagement with experts to perform its functions, duties, and exercise powers; (h) participation by the public where it considers necessary; (i) publishing and inviting submissions on discussion papers and draft reports; and (j) undertake any other type of consultation that it considers necessary for the performance of its functions and duties under this Act. Commission 5. (1) The Commission shall act independently while performing its functions and to act duties and exercising its powers under this Act: independently. Provided that the Government may direct the Commission to have regard to the Government policy including,— (a) recommending unit supply settings of the India emissions trading scheme; andSEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 637 (b) providing advice about India's nationally determined contributions under the Paris Agreement in the report requested under sub-section (1) of section 6. 6. (1) The Government may, at any time, direct the Commission to prepare reports on Reports of the matters related to reducing emissions of greenhouse gases and adapting to the effects of Commission. climate change. (2)The Government shall, while directing the commission under sub-section (1), specify the terms of reference for the report, including— (a) the scope of the report; (b) requirements concerning consultation; (c) matters relating to the Commission working jointly with other agencies (including overseas agencies) concerned with the subject matter of the report; and (d) the date by which the Commission shall submit its report to the Government. (3) The Commission shall, on receiving directions from the Government under sub- section (1),— (a) as soon as practicable, make the terms of reference publicly available; (b) prepare a report in accordance with the terms of reference; and (c) submit the report to the Government. 7. (1) The Government shall cause to be laid a copy of every document including Laying of advice, report, recommendations or an assessment, received from the Commission, as soon documents received from as may be, but not later than ten days of its receiving, before each House of Parliament. Commission before Houses of Parliament. CHAPTER III EMISSION REDUCTION 2050 TARGET 8. (1) The Commission shall set the target for emissions reduction to be known as the Target for 2050 target stating that net accounting emissions of greenhouse gases in a calendar year, 2050. other than biogenic methane, are zero by the calendar year beginning on 1 January 2050 and for each subsequent calendar year: Provided that the emissions reductions that meet or exceed those required by the target, the 2050 target shall be deemed to have met the target. (2) The Commission shall, in addition to the 2050 target set under sub-section(1), set the target for biogenic methane emissions after undertaking relevant research and consultation. 9.The Commission shall, as soon as practicable, recommend to the Government to Review of amend target 2050, if necessary to include emissions from international shipping and aviation inclusion of emissions from and, if so, the mechanism for amendment for such target. international shipping and aviation in 2050 target. 10. (1) The Commission shall review the 2050 target and set an emissions budget for an Other 2050 emissions budget period beginning on or after 2036. target reviews. (2) The Commission shall submit a detailed report on outcome of any review, including any recommendations made in accordance with section 11. 11. (1) The Commission may, on the basis of review under section 10, recommend a Recommendations change to— to amend 2050 target. (a) the time frame for achievement of the 2050 target or a part thereof;638 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) the levels of emission reductions required by the 2050 target or a part thereof; (c) the greenhouse gases, emissions and removals to which the 2050 target or a part thereof applies; and (d) the mechanism to meet the 2050 target or a part thereof including limits on removals and offshore mitigation. (2)The Commission may consider the following factors while recommending any change to the 2050 target under sub-section (1)— (i) global action in regard to reduction in emission; (ii) scientific understanding of climate change; (iii) India's economic or fiscal circumstances; (iv) India's obligations under relevant international agreements; (v) technological developments; (vi) distributional impacts; (vii) equity implications including generational equity; (viii) the principal risks and uncertainties associated with emissions reductions and removals; and (ix) social, cultural, environmental and ecological circumstances. Government to 12. (1) The Central Government and the State Government shall endeavour achieve 2050 towards achieving 2050 target. target. The Government shall, within twelve months after receiving a recommendation, inform the Commission in writing about reasons for departure, if any, from the recommendation of the Commission. (2) The Government shall, as soon as practicable, but not later than ten working days after it has informed to the Commission, upload the reasons on its website for information of the public. Setting emission 13. (1) The Government shall set a series of emissions budgets,— budgets. (a) to meet the 2050 target set under sub-section (1) of section 8; (b) to contribute to the global efforts under the Paris Agreement to limit the global average temperature increase to 1.5° Celsius above pre-industrial levels; and (c) to meet emissions budgets domestically; and (d) to provide greater predictability for all those affected including households, businesses and investors, by giving advance information on the required emissions reductions and removals. (2)Emissions budgets set under sub-section (1) shall,— (a) from 31 December 2021, be three consecutive emissions budgets, one current and two prospective, in place at any one time; (b) be notified in the Gazette under section 17 as follows:— (i) for the emissions budget period from 2022 to 2025, by 31 December 2021; (ii) for the emissions budget period from 2026 to 2030, by 31 December 2021; (iii) for the emissions budget period from 2031 to 2035, by 31 December 2021;SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 639 (iv) for the emissions budget period from 2036 to 2040, by 31 December 25 2025; (v) for the emissions budget period from 2041 to 2045, by 31 December 2030; (vi) for the emissions budget period from 2046 to 2050, by 31 December 2035; and (vii) for any subsequent emissions budget period, by 31 December not less than ten years before that emissions budget period commences. (3) The Government shall ensure that the net accounting emissions do not exceed the emissions budget for the relevant emissions budget period. 14. (1) Each emission budget set under sub-section (1) of section 13 shall state the Contents of total emissions that may be permitted for the relevant emissions budget period, expressed as emissions budgets. a net quantity of carbon dioxide equivalent including greenhouse gases. (2) Each emission budget set under sub-section (1) of section 13 shall, as far as possible, meet through domestic emissions reductions and domestic removals: Provided that international emissions data may be used in setting emission budget if there has been a significant change of circumstance that affects,— (a) the considerations on which the relevant emissions budget has been based; and (b) the ability to meet the relevant emissions budget domestically. 15. (1) The Commission shall recommend to the Government on the following matters Commission to which are relevant to set an emission budget under sub-section (1) of section 13, namely:— recommend on emission budget. (a) the recommended quantity of emissions that may be permitted in each emissions budget period; (b) the rules that may apply to measure progress towards meeting emissions budgets and the 2050 target; (c) the mechanism to achieve emissions budgets and the 2050 target, including by pricing and policy methods; (d) the proportions of an emissions budget that may be met by domestic emissions reductions and domestic removals; (e) the amount by which emissions of each greenhouse gas shall be reduced to meet the relevant emissions budget and the 2050 target; and (f) the appropriate limit on offshore mitigation that may be used to meet an emissions budget, and an explanation of the circumstances that justify the use of offshore mitigation. (2) The Commission shall, while preparing the recommendations for the Government under sub-section (1), for meeting emissions budget and 2050 target, take into consideration the following factors:— (a) the key opportunities for emissions reductions and removals in India; (b) the principal risks and uncertainties associated with emissions reductions and removals; (c) the emission and removal of greenhouse gases projected for the emissions budget period; (d) a broad range of domestic and international scientific advice;640 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (e) existing technology and anticipated technological developments, including the costs and benefits of its early adoption in India; (f) the need for emissions budgets that are ambitious but likely to be technically and economically achievable; (g) the results of public consultation on an emissions budget; (h) the likely impact of actions taken to achieve an emissions budget and the 2050 target, including on the ability to adapt to climate change; (i) the distribution of those impacts across the regions and communities of India, and from generation to generation; (j) economic circumstances and the likely impact of the Government's decision on taxation, public spending and public borrowing; (k) the implications, or potential implications, of land-use change for communities; (l) responses to climate change taken or planned by parties to the Paris Agreement or to the Convention; and (m) India's relevant obligations under international agreements. (3) The Commission shall, before recommending the Government on an emissions budget,— (a) make the proposed recommendations publicly available and invite comments thereon; and (b) allow adequate time and opportunity for any submissions to be received, heard and considered by the Commission. (4) The Commission shall provide its advice to the Government in the case of,— (a) the first three emissions budgets, at least six months before 31st December, 2021; (b) all subsequent emissions budgets, at least twelve months before an emissions budget is notified under section 17 or at least fifteen months before, if a general election is to take place in that year. Government’s 16. (1) The Government shall, prior to setting an emissions budget under sub- response to section (1) of section 13, ensure that adequate consultation has taken place with all the Commission. stakeholders before making the proposed emissions budget publicly available. (2) The Government shall, while setting and notifying an emissions budget under section 17 in accordance with the dates set out in sub-section (2) of section 13, provide reasons for departure, if any, from the commission's advice tendered under this Act. Publication of 17. (1) The Government shall, before an emissions budget is notified in the Gazette emission budgetsunder sub-section (2) and laid before each House of Parliament, consult the representatives in Gazette, etc. of each of the political parties represented in each House of Parliament. (2) Every emissions budget finalised by the Government shall be— (a) notified in the Gazette, stating the date on which the emissions budget period commences and ends; (b) laid before each House of Parliament; and (c) made publicly available at the direction of the Government in such manner as may be prescribed. Revision of 18. (1) The Commission may at any time, recommend that any emissions budgets emission notified under section 17 be revised if,— budgets.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 641 (a) there have been methodological improvements to the way that emissions are measured and reported; or (b) one or more significant changes have affected the considerations listed in sub-section (2) of section 15 on which an emissions budget has been based. (2) The Commission may, at any time the 2050 target is revised, recommend that the relevant emissions budgets be revised to reflect the change in the 2050 target. (3) An emissions budget notified under section 17 may be revised only if the Commission recommends the revision. (4) The Government shall, on recommendations by the Commission, determine whether to revise an emissions budget, taking into account— (a) the matters set out in sub-section (2) of section 15; and (b) follow the procedure set out in sections 16 and 17: Provided that the Government shall not revise an emissions budget,— (i) after an emissions budget period has begun, unless the circumstances are exceptional; or (ii) after the end of the emissions budget period to which it relates; or (iii) in any way other than that required if any of the circumstances described in sub-section (1) or (2) apply. (5) If the Government determines to revise an emissions budget, it shall present before each House of Parliament an explanation of the reasons for revising the original emissions budget, having regard to— (a) the matters specified in clauses (a) and (b) of sub-section(1); and (b) the prohibition on revising an emissions budget and any exceptional circumstances that led to the Government's decision. 19. (1) If the total emissions in an emissions budget period are lower than the emissions Power to bank budget for that period, the excess reduction may be carried forward and banked to the next or borrow. emissions budget period: Provided that if the excess reduction has been carried forward and banked to the next emissions budget period under sub-section (1), the emissions budget for the next emissions budget period shall be increased by the amount carried forward. (2) If the total emissions in an emissions budget period are greater than the emissions budget for that emissions budget period, an amount from the next emissions budget may be carried back and borrowed to the preceding emissions budget period: Provided that if the excess reduction has been carried back and borrowed to the preceding emissions budget period under sub-section (2), the emissions budget for the next emissions budget period shall be reduced by the amount carried back: Provided further that the amount carried back under sub-section (2) shall not exceed one per cent. of the emissions budget for the next emissions budget period. (3) The Government shall decide whether to bank or borrow the emissions budget for the next emissions budget period under sub-sections (2) and (3) and determine the extent to which such banking or borrowing be permitted. (4) The Government shall, before taking a decision under sub-section (3), ensure that the Commission in its report on an emissions budget period has recommended on the642 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— quantity of emissions that may be banked or borrowed between two adjacent emissions budget periods and considers such advice necessary. Requirement for 20. (1) The Government shall prepare and make publicly available a plan setting out emissions the policies and strategies for meeting the next emissions budget, including the policies and reduction plan. strategies for meeting emissions budgets that have been notified under section 17 in accordance with the dates set out in sub-section (3) of section 15. (2) The plan under sub-section (1) shall include— (a) sector specific policies to reduce emissions and increase removals; (b) a multi-sector strategy to meet emissions budgets and improve the ability of those sectors to adapt to the effects of climate change; and (c) a strategy to mitigate the impacts that reducing emissions and increasing removals will have on employees and employers, regions, indigenous and wider com- munities, including the funding for any mitigation action; and (d) any other policies or strategies that the Government deems necessary. (3) The plan under sub-section (1) shall be prepared and published— (a) after the relevant emissions budget has been notified under section 17; and (b) before the commencement of the relevant emissions budget period. Commission to 21. (1) The Commission shall, as soon as possible but not later than twenty-four advise on months before the beginning of an emissions budget period, prepare and forward to the emissions Government necessary emissions reduction plans for that emissions budget period. reduction plan. (2) The Commission shall, while preparing its recommendations, take into consideration the provisions of sub-section (2) of section 15 as if it referred to preparing an emissions reduction plan. Government to 22. (1) The Government shall, while preparing a plan and supporting policies and prepare and strategies for an emissions budget period,— make emissions reduction plan (a) consider the emissions reduction plans received from the Commission under publicity section 21 for meeting emissions budgets; and available. (b) ensure that the consultation has been adequate with sector representatives, affected communities and indigenous communities whether or not included in the Peoples Biodiversity Register, (2) The Government shall, before the relevant emissions budget period commences, publish in the Gazette the plan, policies, and strategies. (3)The Government may, at any time, amend the plan and supporting policies and strategies to adhere to the 2050 target— (a) using the same process as required for preparing the plan; or (b) in the case of a minor or technical change, without repeating the process used for preparing the plan. (4)The Government shall,— (a) make an emissions reduction plan publicly available twelve months before the commencement of a budget period; and (b) cause to be laid a copy of each emissions reduction plan before each House of Parliament. Commission to 23. (1) The Commission shall regularly monitor and report on progress towards monitor meeting an emissions budget and the 2050 target in accordance with sections 24 and 25. progress towards meeting (2) The Commission shall carry out its monitoring function in accordance with the emissions rules referred to in clause (b) of sub-section (1) of section 15 which relates to measuring budgets. progress towards meeting emissions budgets and the 2050 target.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 643 24. (1) The Commission shall prepare an annual report for the most recent year of the Commission to report annually emissions budget period for which data is available including,— on results of monitoring. (a) the latest projections for current and future emissions and removals; and (b) an assessment of the adequacy of the emissions reduction plan and progress in its implementation, including any new opportunities to reduce emissions. (2) The Commission shall also prepare an India Greenhouse Gas Inventory for measuring emissions and removals. (3) The Commission shall, not later than three months after the publication of an India Greenhouse Gas Inventory report, provide its annual report prepared under sub-section (1) to the Government. (4) The Government shall, not later than three months after receiving the annual report under sub-section (3), cause to be laid before each House of Parliament and make publicly available a report that— (a) sets out the response of the Government to the report of the Commission and recommendations; (b) describes the progress made in implementing the current emissions reduction plan; and (c) proposes any amendments to that plan. 25. (1) The Commission shall, not later than two years after the end of an emissions Commission to budget period, prepare a report for the Government evaluating the progress made in that report at end of emissions budget emissions budget period towards meeting the emissions budget in the next emissions budget period. period, including— (a) an evaluation of how well the emissions reduction plan has contributed to that progress; (b) recommendations on any banking and borrowing that would be appropriate; and (c) an assessment of the amount of offshore mitigation required to meet the emissions budget for the period to which the report relates, subject to the limit proposed by the Commission under clause (e) of sub-section (1) of section 15. (2) The response of the Government to the report of the Commission shall,— (a) provide reasons for any failure to meet the relevant emissions budget and for any departures from the recommendations of the Commission; and (b) be made publicly available in such manner as may be prescribed. 26. (1) The Commission shall, in case of failure under section 13 in meeting the 2050 Effect of failure target or the emissions budget target refer the case to the National Green Tribunal for fixing to meet 2050 target and the responsibilities for failure. emissions budgets. (2) The National Green Tribunal shall have powers to levy penalty of rupees one thousand crore on the Government, which shall be remitted to the Environmental Relief Fund 6 of 1991. established under sub-section (3) of section 7A of the Public Liability Insurance Act, 1991. (3) If the Commission fails to perform its functions under section 4, an appellant who may be any citizen of India as defined under Part II of the Constitution may approach the National Green Tribunal. (4) Every appeal against the judgement or order of the National Green Tribunal under sub-section (2) shall lie with the Supreme Court of India.644 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Guidelines for 27. (1) The Government may issue guidelines for its departments on how to take the departments, 2050 target or an emissions budget into account in the performance of their functions, etc. powers, and duties. (2) The Government shall, as soon as practicable after issuing the guidelines under sub-section (1), make it publicly available in such manner as may be prescribed. (3) Any person or body may, in exercising or performing a public function, power or duty conferred on that person or body by or under law, take into account— (a) the 2050 target; or (b) an emissions budget; or (c) an emissions reduction plan. National 28. (1) The Commission shall, undertake and prepare a national climate change risk climate change assessment,— risk assessment. (a) assess the risks to India's economy, society, environment and ecology from the current and future effects of climate change; and (b) identify the most significant risks to India based on the nature of the risks, their severity and the need for coordinated steps to respond to those risks in the next six year period: Provided that the first national climate change risk assessment shall be prepared including any evidence commissioned to support its preparation publicly available by the Government, not later than one year after the commencement of this Act: Provided further that the first national climate change risk assessment shall be laid before each House of Parliament by the Government. (2)The Commission shall, while undertaking a national climate change risk assess- ment, take into account the following:— (a) economic, social, health, environmental, ecological, and cultural effects of climate change; (b) the distribution of the effects of climate change across society, taking particular account of vulnerable groups or sectors; (c) India's relevant obligations under international agreements; (d) how the assessment aligns or links with any other relevant national risk assessments produced by Central Government entities; (e) current effects and likely future effects of climate change; (f) any information received as a result of requests made under section 34; (g) scientific and technical advice; (h) opportunities arising for India's economy, society, and environment as a result of the effects of climate change; and (i) any other factor that it thinks is relevant or appropriate. (3) The Commission shall, not later than six years after the date on which the latest national climate change risk assessment was made available on public domain, undertake the next national climate change risk assessment and make such assessment available on public domain. (4) The Commission shall, while making a national climate change risk assessment publicly available in compliance with sub-section (3), make any evidence commissioned to support its preparation publicly available.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 645 29. (1) The Government shall, in response to each national climate change risk National adaptation plan. assessment prepared under sub-section (1) of section 28, prepare a national adaptation plan for carrying out the purposes of this Act. (2) A national adaptation plan prepared under sub-section (1) shall set out— (a) the objectives of the Government for adapting to the effects of climate change; (b) the strategies, policies, and proposals of the Government for meeting its objectives; (c) the time frames for implementing the strategies, policies and proposals; (d) how the matters in clauses (a) to (c) address the most significant risks identified in the most recent national climate change risk assessment; (e) the measures and indicators that may enable regular monitoring of and reporting on the implementation of the strategies, policies and proposals; and (f) any other matter that the Government considers relevant. (3) The Government shall, while preparing a national adaptation plan under sub- section(1), take into account the following:— (a) economic, social, health, environmental, ecological, and cultural effects of climate change, including effects on indigenous communities whether or not included in the Peoples Biodiversity Register; (b) the distribution of the effects of climate change across society, taking particular account of vulnerable groups or sectors: (c) India's relevant obligations under international agreements; (d) any information received as a result of requests made under section 32; (e) any relevant advice or reports received from the Commission; (f) the ability of communities or organisations to undertake adaptation action, including how any action may be funded; (g) scientific and technical advice; and (h) any other matter that the Government thinks are relevant or appropriate. (4) The Government shall, while preparing a national adaptation plan under sub- section(1), undertake public consultation on the draft plan in such manner as may be prescribed. 30. The Government shall, not later than two years after the date on which the most National recent national climate change risk assessment is made available on public domain, cause adaptation plan to be laid before such national adaptation plan to be laid before each House of Parliament and make it each House of publicly available in such manner as may be prescribed: Parliament and made publicity Provided that the Government may make minor or technical changes to a national available. adaptation plan and make any new version available on public domain, but need not cause new version of national adaptation plan to be laid before each House of Parliament. 31. (1) The Commission shall, for each national adaptation plan under Progress reports sub-section(1) of section 29, provide the Government with a progress report that evaluates on national adaptation plan. the implementation of the adaptation plan and its effectiveness,— (a) two years after the adaptation plan is made available on public domain; and646 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (b) four years after the adaptation plan is made available on public domain; and (c) six years after the adaptation plan is made available on public domain. (2) Each progress report under sub-section (1) shall include— (a) an assessment of the progress made towards implementing the strategies, policies, and proposals included in the plan; (b) an assessment of the degree to which the objectives of the plan have been achieved and how well the plan responds to the most significant risks posed by climate change; (c) an identification of any known barriers to the implementation and effectiveness of the current plan, including recommendations for how those barriers might be addressed or overcome in future; and ( d) any other relevant matters required to support the report. (3) The Government shall, not later than six months after the date on which the Government receives a progress report under sub-section (2),— (a) respond in writing to the progress report; and (b) to be laid before each House of Parliament and make it publicly available in such manner as may be prescribed. Power to 32. (1) The Government or the Commission shall, as the case may be, request a reporting request organisation in writing to provide all or any of the following information:— information. (a) a description of the governance of the organisation in relation to the risks of, and opportunities arising from climate change; (b) a description of the actual and potential effects of the risks and opportunities on the business, strategy and financial planning of the organisation; (c) a description of the processes that the organisation uses to identify, assess, and manage the risks; (d) a description of the metrics and targets used to assess and manage the risks and opportunities, including, if relevant, timeframes and progress; and (e) any matters specified in regulations. (2) It shall be the responsibility of the reporting organisation to comply with the request made under sub-section (1). (3) The Government shall, as soon as practicable, provide the Commission with a copy of any information received in response to a request made by the Government. (4) The Commission shall, as soon as practicable, provide the Government with a copy of any information received in response to a request made by the Commission. (5) The Government and the Commission shall not publicly disclose any information received except those in public domain in response to a request, unless disclosure of the information is necessary to enable the Government or the Commission to perform a function or duty imposed by this Part, as the case may be: Provided that before publicly disclosing any information received in response to a request, the Government or Commission shall consult with the person to whom the information relates, as the case may be. (6) Notwithstanding anything contained in this section, disclosure of information by the Government or the Commission shall be subject to relevant provisions of the Right to Information Act, 2005, as the case may be. 22 of 2005.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 647 Explanation.—For the purposes of this section and section 33, the following shall be the reporting organisations:— (a) the State, as defined under article 12 of the Constitution; (b) a body which is an agency of the State whereby State is defined as per article 12 of the Constitution; and (c) Public Sector Undertakings, as defined in sub-section (45) of section 2 of the 18 of 2013. Companies Act, 2013. 33. (1) The Government may make regulations specifying all or any of the following:— Regulations relating to (a) requirements that relate to information that is provided in response to a requiring request under sub-section (1) of section 32, including different requirements for different provision of information. sectors, classes of activity, or geographical areas; (b) a date by which or time within which requested information must be provided; (c) ongoing or recurring reporting requirements including requiring the provision of further information at regular intervals following a request; (d) any administrative matters relating to responses and requests. (2) The Government shall, while preparing the regulations, consider:— (a) the ability to tailor a request to reflect the size and capability of the reporting organisation; (b) the potential extent and significance of climate change effects on the functions of the reporting organisation; and (c) the avoidance of unnecessary duplication of information provided within existing reporting frameworks. (3) The Government shall, before recommending the making of the regulations, consult the Commission and the reporting organisations that the Government considers may be affected by the proposed regulations. CHAPTER IV MISCELLANEOUS 34. No act or proceedings of the Commission shall be invalid merely by reason of:— Vacancies, etc., not to (a) any vacancy in, or any defect in the constitution of, the Commission; or invalidate proceedings of (b) any defect in the appointment of a person acting as a member of the Commission. Commission; or (c) any irregularity in the procedure of the Commission not affecting the merits of the case. 35. (1) If any difficulty arises in giving effect to the provisions of this Act, the Power to Government may, by order, published in the Official Gazette, make such provisions not remove difficulties. inconsistent with the provisions of this Act, as may appear it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. 36. (1) The Government may, by notification in the Official Gazette, make rules to carry Power of out the provisions of this Act. Government to make rules.648 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (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 Commission and the procedure to be followed at such meetings under sub-section (1) of section 3 and the expenditure incurred on such meetings; (b) the qualifications and experience of those whose names are to be recommended for appointment as Chairperson to the panel under clause (a) sub-section (3) of section3; (c) the procedure for giving effect to clause (b) of sub-section (3) of section3 by the Nominating Committee under sub-section (4) of section 3; (d) the qualifications and experience of the officers and other employees of the Commission in the field of climate change or such other field under sub-section (9) of section 3; (e) the functions, powers, and terms and conditions of service of officers and other employees of the Commission under sub-section (9) of section 3; and (f) any other matter which is to be or may be, prescribed or in respect of which provision is to be made by the Government by rules. Rules and 37. Every rule and every regulation made by the Government under this Act shall be regulations to laid, as soon as may be after it is made, before each House of Parliament, while it is in session, be laid before for a total period of thirty days which may be comprised in one session or in two or more Parliament. 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.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 649 STATEMENT OF OBJECTS AND REASONS For the world in the 21st century, 'Climate Change' will be the zeitgeist that will continue to define life on the planet well beyond mere decades. Every single aspect of human existence will be defined by how countries react to climate change. Shifting climatic conditions can have catastrophic consequences on food production and food security; rising sea levels can jeopardize the very existence of coastal habitats, and geo-political considerations will also be hued by climate change and the policies surrounding it. The impact of climate change will thus be drastic and unprecedented in both scale as well as type. Green House Gases (GHGs) are naturally occurring gases in the atmosphere and essential to the survival of life on the planet. They keep back some of the Sun's heat and warm the temperature, aid plants in photosynthesis, and thus make the Earth livable. However, anthropogenic activities over centuries have inflated the amount of GHGs leading to global warming. It is a well-established scientific fact that the concentration of GHGs in the atmosphere is directly linked to the average global temperature on Earth, and that both of these have been steadily rising since the Industrial Revolution. Carbon dioxide which accounts for two-third of GHG emissions is largely the product of burning fossil fuels. The fifth assessment report of the United Nations Intergovernmental Panel on Climate Change (IPCC) found that between 1880-2012, the average global temperature increased by 0.85°C. At the current rate of emissions of GHGs, the global mean temperature will continue to rise beyond pre-industrial levels by the turn of the century. The world's oceans will warm and the polar ice will continue to melt leading to irreversible damage and devastating consequences. In 2018, a special report of the IPCC highlighted that drastic and immediate steps would be essential to ensure that global warming does not increase beyond 1.5°C above the pre-industrial level. While certain aspects of climate change will have become irreversible even then, yet a 1.5°C increase compared to even a 2°C increase would have clear benefits to people and the natural ecosystem. This would require ensuring net zero transmission of human-caused CO2 emissions by the year 2050 through sustainable and equitable development plans. The Paris Agreement seeks to accelerate actions and investments needed in this regard. In view of the above, the Climate Change (Net Zero Carbon) Bill, 2021 seeks to provide for a framework by which India can develop and implement clear and stable climate change policies that allows India to prepare for, and adapt to, the effects of climate change. The Bill, provides inter alia— (a) setting a net zero carbon emissions target for 2050; (b) constitution of a Climate Change Commission that will provide independent, expert advice to the Government of India on mitigating climate change (including through reducing emissions of GHGs) and adapting to the effects of climate change; and monitor and review the Government's progress towards its emissions reduction and adaptation goals; (c) setting emissions budgets in a way that allows those budgets to be met domestically; and that provides greater predictability for all those affected, including households, businesses, and investors, by giving advance information on the emissions reductions and removals that will be required; (d) undertaking the National Climate Change Risk Assessments to assess the risks to India's economy, society, environment, and ecology from the current and650 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— future effects of climate change; and to identify the most significant risks to India, such that, based on the nature of the risks and their severity, the need for coordinated steps to respond to those risks can be appropriately determined; (e) preparation of the National Adaptation Plan consequent to the Risk Assessments so as to outline the Government's policy responses to adapt to the effects of climate change; the timelines for implementing such proposals; and the measures and indicators that will enable regular monitoring of, and reporting on the implementation of the strategies, policies, and proposals. The Bill seeks to achieve the above objectives. NEW DELHI; JAYANT SINHA January 21, 2021. FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the establishment of the Climate Change Commission. It also provides for the appointment of Chaiperson, Deputy Chairperson, specialist and officers and staff to the Commission. It further provides for constitution of a Nominating Committee for the appointment of members to the Climate Change Commission. Clause 28 provides for preparing and undertaking the National Climate Change Risk Assessments. The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees one hundred and fifty crore per annum would be involved from the Consolidated Fund of India. A non-recurring expenditure of about rupees one hundred crore is also likely to be involved. ———— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 36 of the Bill empowers the Central Government to make rules for the purpose of carrying out the provisions of the proposed legislation, inter alia, including the time and place of the meetings of the Commission and the procedure to be followed at such meetings under sub-section (1) of section 3 and the expenditure incurred on 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 and it is not practicable to provide for them in the Bill itself, the delegation of legislative power is, therefore, of a normal character.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 651 BILL NO. 90 OF 2020 A Bill further to amend the Institutes of Technology Act, 1961. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:— 1. (1) This Act may be called as the Institutes of Technology (Amendment) Act, Short title and 2020. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 59 of 1961. 2. After section 2 of the Institutes of Technology Act, 1961, the following section Insertion of new shall be inserted, namely:— section 2A. "2A. Notwithstanding anything contained in this Act or any other law for the time Application of 33 of 2017. being in force, the provisions of the Indian Institutes of Management Act, 2017 shall apply, the National Institute of mutatis mutandis, to the Indian Institute of Technology, Delhi, Indian Institute of Technology, Management Bombay, Indian Institute of Technology, Madras and Indian Institute of Technology, Act, 2017 to the Kharagpur, which have been declared as Institutes of Eminence by the Government of Institutes of Eminence. India.".652 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Institutes of Technology Act, 1961 was enacted inter alia to declare certain institutions of technology to be institutions of national importance. Accordingly twenty- three Indian Institutes of Technology have been declared as institutions of national importance. Recently, the Union Ministry of Human Resource Development under the University Grants Commission (Declaration of Government Institutions as Institutions of Eminence) Guidelines, 2017 for public Institutions has declared certain institutes as "Institution of Eminence" including Indian Institute of Technology, Delhi, Indian Institute of Technology, Bombay, Indian Institute of Technology, Madras and Indian Institute of Technology, Kharagpur to ensure complete autonomy to the selected institutions, facilitate them to grow more rapidly and get more opportunity to scale up their operations with more skills and quality improvement so that they become World Class Institutions in the field of education. It is expected that the above selected Insitutions will come up in top 500 of the world ranking in 10 years and in top 100 of the world ranking eventually overtime. To achieve the top world ranking, these Institutions shall be provided with greater autonomy to admit foreign students up to thirty per cent. of admitted students; to recruit foreign faculty upto twenty-five per cent. of faculty strength; to offer online courses upto twenty per cent. of its programmes; to enter into academic collaboration with top 500 in the world ranking Institutions without permission of UGC; free to fix and charge fees from foreign students without restriction; flexibility of course structure in terms of number of credit hours and years to take a degree; complete flexibility in fixing of curriculum and syllabus, among others. The Indian Institutes of Management Act, 2017 has been enacted to declare certain institutes of management to be institutions of national importance with a view to empower those institutions to attain standards of global excellence in management, management research and allied areas of knowledge and is much more comprehensive in nature than the Institutes of Technology Act, 1961. If the provisions of the Indian Institutes of Management Act, 2017 are made applicable to the Institutes of Technology declared as "Institution of Eminence", the said institutes will become the World Class Institutions as envisaged. The need is, therefore, to make applicable the provisions of the Indian Institutes of Management Act, 2017 to all these Indian Institutes of Technology declared as "Institution of Eminence" to achieve the objective of becoming a World Class Institutions in the field of education. The Bill seeks to achieve the above objectives. NEW DELHI; JAYANT SINHA February 27, 2020 FINANCIAL MEMORANDUM Clause 2 of the Bill vide proposed insertion of new section 2A provides for the application of the provisions of the National Institute of Management Act, 2017 mutatis mutandis to the Indian Institute of Technology, Delhi, Indian Institute of Technology, Bombay, Indian Institute of Technology, Madras and Indian Institute of Technology, Kharagpur which have been declared as Institutes of Eminence by the Government of India. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. However at this stage it is not possible to estimate the recurring or non- recurring expenditure likely to be involved from the Consolidated Fund of India.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 653 BILL NO. 283 OF 2019 A Bill further to amend the Right of Children to Free and Compulsory Education Act, 2009. BE it enacted by Parliament in the Seventieth 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, 2019. commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 35 of 2009. 2. For section 11 of the Right of Children to Free and Compulsory Education Act, 2009, Substitution of the following section shall be substituted, namely:— new section for section "11. With a view to prepare children above the age of three years for elementary 11. education and to provide early childhood care and education for all children until they complete the age of six years, the appropriate Government shall make necessary arrangement for providing free pre-school education and care for such children, within the premises of the elementary school or at such other place as it deems fit.".654 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— STATEMENT OF OBJECTS AND REASONS The Right of Children to Free and Compulsory Education Act, 2009 was enacted to provide for free and compulsory education to all children of the age of six to fourteen years. Section 11 of the Act provides for the arrangement of early childhood development care and provision for children up to six years of age. The section leaves the implementation of this provision as a choice up to the appropriate Government. It has been observed in several academic research studies that early childhood development is essential for every child's lifetime well-being. Ensuring comprehensive development assistance for every child will translate into improved human development indicators in the country. It is known that robust human capital is an integral aspect of every nation's development. To improve the conditions of anganwadi centres and workers, and to ensure access to early childhood development care and education to every child, the above- mentioned provision has to be made mandatory. The need is, therefore, to make early childhood care and education mandatory and the appropriate Government to be put under an obligation to set up infrastructure and other facilities for the provision of the same. The Bill seeks to achieve the above objectives. NEW DELHI; JAYANT SINHA October 28, 2019 FINANCIAL MEMORANDUM Clause 2 of the Bill makes in mandatory on the appropriate Government to provide pre- school education to children. The expenditure in respect of the State Government shall be met out of their respective Consolidated Funds for implementing the provisions of this Bill. The expenditure in relation to Union territory shall be borne by the Central Government. The Bill, therefore, if enacted, would involve an expenditure of rupees fifty thousand crore from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. —————SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 655 BILL NO. 256 OF 2019 A Bill to provide for the payment of cash subsidy to farmers and agricultural labourers in order to provide financial security to them and their family members and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Payment of cash subsidy to Farmers and Agricultural Short title, Labourers Act, 2019. extent and commencement. (2) It extends to the whole of India. (3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise requires,— Definitions. (a) "agricultural labourer" means any person who works on land belonging to others for wages in cash or kind having a total family income of not more than rupees three thousand per month from all sources; (b) "applicant" means a farmer or agricultural labourer who has applied for the cash subsidy;656 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government; (d) "family" means the members of a family related to each other by blood, marriage or adoption and normally residing together and sharing meals or holding a common ration card; (e) "farmer" means any person who owns agricultural land not exceeding four hectares and includes a share-cropper or a person who cultivates land belonging to others under the tenancy system having a total family income of not more than rupees five thousand per month from all sources; and (f) "prescribed" means prescribed by rules made under this Act. Subsistence 3. Notwithstanding anything contained in any other law for the time being in force, the allowance to appropriate Government shall pay cash subsidy at the rate of:— the farmers and the (a) rupees six thousand per month to every farmer; and agricultural labourers. (b) rupees four thousand per month to every agricultural labourer. Sub-Divisional 4. (1) The appropriate Government shall appoint an officer not below the rank of Officer to Sub-Divisional Officer as the nodal officer for the purpose of identification of beneficiaries work as the under the provisions of this Act. nodal Officer. (2) The nodal officer shall invite applications in such form, as may be prescribed, for availing of cash subsidy under the provisions of this Act from amongst farmers and agricultural labourers who are eligible for payment of cash subsidy under the provisions of this Act and who have been working as farmer. Block 5. The appropriate Government shall designate an officer not below the rank of Block Development Development Officer for the purpose of receiving applications from farmers and agricultural Officer to labourers for payment of cash subsidy under this Act. receive applications. Application 6. Any person who intends to apply for cash subsidy under this Act shall apply to the for subsistence Block Development Officer for registration of his name in such form as may be prescribed allowance. under sub-section (2) of section 4. Block 7. (1) The Block Development Officer shall collect all the applications and forward Development them to the Sub-Divisional Officer. Officer to collect and (2) The Sub-Divisional Officer shall, after holding such inquiry as he may deem forward the necessary, but, in no case later than thirty days from the date of receipt of applications, either applications. admit or reject the application: Provided that in case no decision is made on an application within thirty days, the applicant shall be deemed to be eligible for payment of cash subsidy under this Act. (3) The Sub-Divisional Officer shall record, in writing, the reasons for rejection of an application, if any, under the Act. (4) Any applicant aggrieved by the decision of the Sub-Divisional Officer may prefer an appeal to the District Magistrate in such form and manner as may be prescribed. (5) The procedure for disposing off an appeal shall be such as may be prescribed: Provided that before disposing off an appeal, the applicant shall be given a reasonable opportunity of being heard. (6) It shall be the duty of the Sub-Divisional Officer to maintain, review and publish a tehsil-wise list of the beneficiaries under the Act once in every six months.SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 657 8. The mode of payment of cash subsidy to the farmers and agricultural labourers and Mode of their family members, in case of death of a farmer or agricultural labourer, shall be such as may Payment of subsistence be prescribed by the Central Government. allowance to family members of agricultural labourers or farmers. 9. Every State Government and Union territory Administration shall set up a special Every State cell at the district and the State level for the purposes of monitoring the implementation of the Government and Union provisions of the Act. territory Administration to set up a special cell. 10. (1) The Central Government shall, by notification in the Official Gazette, constitute Constitution a Fund to be known as the Farmers and Agricultural Labourers cash subsidy Fund. of Farmers and (2) The Central Government and the State Governments shall contribute to the Fund in Agricultural Labourers such ratio as may be prescribed. Welfare Fund. (3) There shall also be credited to the Fund such other sums as may be received by way of donation, contribution or assistance. (4) The Fund shall be utilized for carrying out the purposes of this Act. 11. The Central Government shall, after due appropriation made by Parliament by law Central in this behalf, provide adequate funds for carrying out the purposes of this Act. Government to provide adequate funds. 12. (1) Whoever contravenes the provisions of this Act shall, on conviction, be liable Penalty. to a fine which may extend to one thousand rupees. (2) In case the convicted person is an employee of the Central/State Government/ Union territory Administration, the penalty provided under sub-section (1) shall be in addition to the departmental disciplinary action initiated against him. 13. The provisions of this Act shall have effect notwithstanding anything inconsistent Act to have therewith contained in any other law for the time being in force but except as above, the overriding effect. provisions and the rules made under this Act shall be in addition to and not in derogation of any other law for the time being in force. 14. (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.658 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2] STATEMENT OF OBJECTS AND REASONS Agriculture is a prominent sector of Indian economy. About two-third population of the country is dependent on agriculture for their livelihood. Recent times have witnessed phenomenal growth in other sectors due to heavy public-private investments. Lack of investment in agriculture has resulted in de-accelerated growth and increase in input-cost of agricultural produce. To overcome the resource constraints, agriculturalists fall back upon loans secured at high rates of interests from banks and financial institutions. Failed crops, ineffective pesticides, poor quality of seeds and high debts have led to multiple incidents of suicides by farmers across the country. The Central and State Governments are under constitutional obligation to ensure the survival of the farmers and to provide financial resources for agriculture in order to prevent any further loss of lives. In view of the above, the farmers and agricultural labourers need the support of the State so that their economic handicap do not come in the way of their survival and social development. Hence this Bill. NEW DELHI; KANUMURU RAGHU RAMA KRISHNA RAJU November 6, 2019. ————— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for payment of cash subsidy to the farmers and the agricultural labourers. Clause 9 provides for setting up of special cells at the District and State level for the purposes of monitoring the implementation of the provisions of the Act. Clause 10 provides for constitution of a Farmers and Agricultural Labourers Welfare Fund. Clause 11 provides that Central Government shall provide adequate funds to the State Governments for carrying out the purposes of the Act. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of about rupees ten thousand crores per annum would involve from the Consolidated Fund of India. A non-recurring expenditure of rupees one hundred crores is also likely to be involved. ————— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 14 of the Bill empowers the Central Government to make rules for carrying out the purposes of this Bill. As the rules will relate to matters of detail only the delegation of legislative power is 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—1281GI—11-02-2022.