openlegalai/Indian-parliament-bills · Datasets at Hugging Face

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statement of objects and reasonsthe malpractices in the conduct of lotteries and its impact on the poorer sections of the society had been under scrutiny of the government for quite some time the continued prevalence of the popularity known single digit and instant lotteries and the temptation offered by them had proved to be the undoing of many families inspite of the guidelines issued by the central government from time to time as also the guidelines issued by the supreme court of india in the matter, the evil could not be totally eliminated and it was felt that a central legislation to regulate the conduct of lotteries was necessary to protect the interest of the gullible poor to tackle this evil, the lotteries (regulation) act, 1998 was enacted by parliament this act, besides imposing stipulations for conduct of lotteries in the country, banned single digit and pre-announced number lotteries 2 the lotteries (regulation) bill, 1998 was referred to the department related parliamentary committee on home affairs the said committee, after considering the matter in all its aspects, had strongly recommended to the government to come forward with a comprehensive bill, at the earliest, in consultation with all the state governments and the union territory administrations, imposing a complete ban on the lottery trade in the country the matter was debated at length in parliament when the said bill was taken up for consideration during the debate there was an overwhelming view in both houses of parliament in favour of banning the lotteries 3 the matter was also placed before the conference-of chief ministers held on the 27th november, 1998 in new delhi the general consensus in the conference was that lotteries should be statutorily banned 4, under the constitutional frame-work, parliament has legislative competence with regard to lotteries falling under entry 40 of list i (union list) of the seventh schedule to the constitution other types of lotteries fall under entry 34 of list ii (state list) of said schedule which is within the legislative competence of the state legislatures the bill, therefore, proposes to prohibit the central government, state government and any organisation controlled by such government from conducting, organising or promoting any lottery it also seeks to repeal the lotteries (regulation) act, 1998 5 the bill seeks to achieve the aforesaid objective lk advani new delhi, the 21st december, 1999	Parliament_bills	c248e0ed-60b8-5848-8b91-cae76f4651ca
bill no 1 of 2015 the constitution (amendment) bill, 2015 byshri baijayant panda, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2015short title2 in article 148 of the constitution, in clause (1), the following proviso shall be inserted, namely :—amendment of article(a) the prime minister- chairperson;(b) the speaker of the house of the people- member;(c) the leader of opposition in the house of the - member;people(d) the leader of opposition in the council of- member;states5(e) the incumbent comptroller and auditor-- membergeneral of india10provided further that the committee shall recommend the name of the person to be appointed under this article by a majority of votes of all the members of the committee" statement of objects and reasonsthe office of the comptroller and auditor-general of india (cag), first constituted in1850, is one of the oldest institutions in the country the basic role of the institution remains the same today, as when first constituted, ie, to undertake audit of expenditure of public moneyin the recent past, cag reports have been credited with highlighting grave discrepancies in expenditure of public money and policies in particular, the reports on the xixth commonwealth games and the reports on the allocation of 2g spectrum and coal blocks gained a lot of traction among the people this led to demands for strict action against erring officials, politicians and businessmenthe cag acts as the custodian of the public purse and provides parliament with information to ensure accountability and scrutiny of the government the cag can do justice to this role only if he is competent and also independent in order to be truly independent, the cag must be free from both the control of the government and also from political biasunder the present scheme prescribed under the constitution, the president while acting on the advice of the council of ministers appoints the cag for a fixed term of six years therefore, it is the prerogative of the government to select a suitable cag this has raised the concern about a 'compromised' appointment process the cag is a watchdog that assists parliament in keeping the government in check therefore, any government which is at the receiving end of the cag's riveting scrutiny is likely to appoint an ineffective, pliant and biased person as cagin order to ensure that the competence and the independence of the cag does not depend on the righteousness of the government in power, it is important to amend the constitution to prescribe an appointment procedure that safeguards this important constitutional office from undue interference accordingly, this bill proposes that the cag should be appointed on the recommendation of a committee consisting of:(a) the prime minister; (b) the speaker of the lok sabha; (c) the leader of opposition in the lok sabha; (d) the leader of opposition in the rajya sabha; and (e) the incumbent comptroller and auditor-general of indiathe committee has been mandated to take a decision by simple majority the architect of our constitution, dr br ambedkar believed that the cag is "probably the most important officer under the constitution of india" if this functionary is to carry out the duties of his office effectively, without fear or favour, we must ensure his independencehence this bill annexure extract from the constitution of india chapter v—comptroller and auditor-general of india148 (1) there shall be a comptroller and auditor-general of india who shall be appointed by the president by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as the judge of the supreme courtcomptroller and auditor- general of india lok sabha———— a billfurther to amend the constitution of india————(shri baijayant panda, mp)gmgipmrnd—4152ls(s3)—04-02-2015	Parliament_bills	f72884b1-65a4-5569-9b16-2f4fadb8d646
bill no 62 of 2011 the code of criminal procedure (amendment) bill, 2011 byshri manish tewari, mp a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the code of criminal procedure (amendment) act, 2011short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 of 19742 in section 126 of the code of criminal procedure, 1973, in sub-section (1), after clause (c), the following sub-clauses shall be inserted, namely:—amendment of section 12610"(d) where his parent or parents reside together, in case of such proceedings being taken against such person by either parent of such person or both parents, as the case may be; or(e) where his child or all his children reside, in case of such proceedings being taken against such person by any of his children or all of his children, as the case may be" statement of objects and reasonssub-section (1) of section 126 of the code of criminal procedure, 1973 (hereinafter referred to as 'the code') reads as under:—'proceedings under section 125 of the code may be taken against any person in any district—(a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child'thus, a wife seeking an allowance for maintenance or interim maintenance and expenses of proceedings under section 125 of the code may make an application for the same in the district (a) where the husband is, or (b) where he resides, or (c) where the wife resides, or (d) where he last resided with the wife, ie, the applicanthowever, a parent, under sub-section (1) of section 126 of the code, may file an application in the district (a) where the son is, or (b) where he resides, or (c) where the wife of his son resides, or (d) where the son last resided with his wife there is an ambiguity left open due to certain lacunae in section 126 of the code as a matter of fact, whereas the wife has been given the privilege to file an application under section 125 of the code where she resides, but the parents have not been given the facility of filing an application in the district where they residesimilarly, an application, on behalf of the child, may be filed in the district (a) where the father is, or (b) where the father or mother reside, or (c) where the father has last resided with the mother of the child but the child too has not been given the facility of an application being filed in the district where the child residesthere seems to be no logic to prevent the extension of the facility of filing an application under section 125 of the code in the district where such parents or children reside therefore, it is proposed to amend the code suitably by inserting new clauses (d) and (e) in sub-section (1) of section 126 of the code with a view to extend to parents and children the facility of filing an application under section 125 of the code for maintenance in the district they residethe bill seeks to achieve the above objectsnew delhi;manish tewarijuly 22, 2011 annexureextract from the code of criminal procedure, 1973 126 (1) proceedings under section 125 may be taken against any person in any district—procedure(a) (b) (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child lok sabha————— a billfurther to amend the code of criminal procedure, 1973—————(shri manish tewari, mp)	Parliament_bills	9f04fad1-623b-5e1f-9dcb-0511b515d7ff
bill no 76 of 2008 the unlawful activities (prevention) amendment bill, 2008 a billfurther to amend the unlawful activities (prevention) act, 1967be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—short title1 this act may be called the unlawful activities (prevention) amendment act, 200837 of 1967insertion of preamble2 in the unlawful activities (prevention) act, 1967 (hereinafter referred to as the principal act), after long title, and before the enacting formula, the following preamble shall be inserted, namely:-"whereas the security council of the united nations in its 4385th meeting adopted resolution 1373 (2001) on 28th september, 2001, under chapter vii of the charter of the united nations requiring all the states to take measures to combat international terrorism;and whereas resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455(2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008) of the security council of the united nations require the states to take action against certain terrorists and terrorist organisations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the schedule;43 of 1947and whereas the central government, in exercise of the powers conferred by section 2 of the united nations (security council) act, 1947 has made the prevention and suppression of terrorism (implementation of security council resolutions) order, 2007;and whereas it is considered necessary to give effect to the said resolutions and the order and to make special provisions for the prevention of, and for coping with, terrorist activities and for matters connected therewith or incidental thereto" 3 in section 2 of the principal act,—amendment of section 2(i) in clause (d), the words "and includes a special court constituted under section 11 or under section 21 of the national investigation agency act, 2008;" shall be inserted at the end;(ii) after clause (e), the following clause shall be inserted, namely:-'(ea) "order" means the prevention and suppression of terrorism(implementation of security council resolutions) order, 2007, as may be amended from time to time;'; (iii) in clause (g), after the words "for the purpose of a terrorist organisation", the words "or terrorist gang" shall be inserted at the end;(iv) for clause (h), the following clauses shall be substituted, namely:—'(h) "property" means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents deeds and instruments in any form including electronic or digital, evidencing title to, or interest in, such property or assets by means of bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit, cash and bank account including fund, however acquired;(ha) "schedule" means the schedule to this act;'4 for section 15 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 15terrorist act"15 whoever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of india or with intent to strike terror or likely to strike terror in the people or any section of the people in india or in any foreign country,-(a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause—(i) death of, or injuries to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in india or in any foreign country; or(iv) damage or destruction of any property in india or in a foreign country used or intended to be used for the defence of india or in connection with any other purposes of the government of india, any state government or any of their agencies; or (b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or(c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the government of india, any state government or the government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist actexplanation– for the purpose of this section, public functionary means the constitutional authorities and any other functionary notified in the official gazette by the central government as public functionary"insertion of new section 16a5 after section 16 of the principal act, the following section shall be inserted, namely:—punishment for making demands of radioactive substances, nuclear devices, etc"16a whoever intentionally, by use of force or threat of use of force or by any other means, demands any bomb, dynamite or other explosive substance or inflammable substances or fire arms or other lethal weapons or poisonous or noxious or other chemicals or any biological, radiological, nuclear material or device, with the intention of aiding, abetting or committing a terrorist act, shall be punishable with imprisonment for a term which may extend to ten years, and shall also be liable to fine" 6 for section 17 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 17punishment for raising fund for terrorist act"17 whoever, in india or in a foreign country, directly or indirectly, raises or collects funds or provides funds to any person or persons or attempts to provide funds to any person or persons, knowing that such funds are likely to be used by such person or persons to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine"amendment of section 187 in section 18 of the principal act, for the words "incites or knowingly facilitates", the words "incites, directs or knowingly facilitates" shall be substituted8 after section 18 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 18a and 18bpunishment for organizing of terrorist camps"18a whoever organizes or causes to be organized any camp or camps for imparting training in terrorism shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine18b whoever recruits or causes to be recruited any person or persons for commission of a terrorist act shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine"punishment for recruiting of any person or persons for terrorist act9 in section 23 of the principal act, —amendment of section 23(a) in sub-section (1), for the words "if any person with intent to aid any terrorist contravenes", the words "if any person with intent to aid any terrorist or a terrorist organization or a terrorist gang contravenes" shall be substituted(b) in sub-section (2), for the words "any person who, with the intent to aid any terrorist", the words "any person who with the intent to aid any terrorist, or a terrorist organization or a terrorist gang" shall be substituteda m e n d m e n t of section 2410 in section 24 of the principal act, in sub-section (2), after the words "proceeds of terrorism whether held by a terrorist", the words "terrorist organization or terrorist gang" shall be insertedamendment of section 2511 in section 25 of the principal act, in sub-section (5), in the explanation, after clause (c), the following clause shall be inserted, namely:—"(ca) credit or debit cards or cards that serve a similar purpose;";12 after section 43 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 43a to 43f power to arrest, search, etc"43a any officer of the designated authority empowered in this behalf, by general or special order of the central government or the state government, as the case may be, knowing of a design to commit any offence under this act or has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this act or from any document, article or any other thing which may furnish evidence of the commission of such offence or from any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under this chapter is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him to arrest such a person or search such building, conveyance or place whether by day or by night or himself arrest such a person or search a such building, conveyance or place 43b (1) any officer arresting a person under section 43a shall, as soon as may be, inform him of the grounds for such arrestprocedure of arrest, seizure, etc(2) every person arrested and article seized under section 43a shall be forwarded without unnecessary delay to the officer in charge of the nearest police station(3) the authority or officer to whom any person or article is forwarded under sub-section (2) shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the codeapplication of provisions of code43c the provisions of the code of criminal procedure, 1973 shall apply, insofar as they are not inconsistent with the provisions of this act, to all arrests, searches and seizures made under this act43d(1) notwithstanding anything contained in the code or any other law, every offence punishable under this act shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the code, and "cognizable case" as defined in that clause shall be construed accordinglymodified application of certain provisions of the code(2) section 167 of the code shall apply in relation to a case involving an offence punishable under this act subject to the modification that in sub-section (2),—(a) the references to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "thirty days", "ninety days" and "ninety days" respectively; and(b) after the proviso, the following provisos shall be inserted, namely:—"provided further that if it is not possible to complete the investigation within the said period of ninety days, the court may if it is satisfied with the report of the public prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days:provided also that if the police officer making the investigation under this act, requests, for the purposes of investigation, for police custody from judicial custody of any person in judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain the delay, if any, for requesting such police custody"(3) section 268 of the code shall apply in relation to a case involving an offence punishable under this act subject to the modification that—(a) the reference in sub-section (1) thereof—(i) to "the state government" shall be construed as a reference to"the central government or the state government",(ii) to "order of the state government" shall be construed as a reference to "order of the central government or the state government, as the case may be"; and (b) the reference in sub-section (2) thereof, to "the state government"shall be construed as a reference to "the central government or the state government, as the case may be" (5) nothing in section 438 of the code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under this act(6) notwithstanding anything contained in the code, no person accused of an offence punishable under this act shall, if in custody, be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the application for such release:provided that such accused person shall not be released on bail or on his own bond if the court, on a perusal of the case diary or the report made under section 173 of the code is of the opinion that there are reasonable grounds for believing that the accusation against the person is prima facie true(7) the restrictions on granting of bail specified in sub-section (6) is in addition to the restrictions under the code or any other law for the time being in force on granting of bail(8) notwithstanding anything contained in sub-sections (6) and (7), no bail shall be granted to a person accused of an offence punishable under this act, if he is not an indian citizen and has entered the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be recorded in writing43e in a prosecution for an offence under section 15, if it is proved —presumption as to offences under section 15(a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or(b) that by the evidence of the expert the finger-prints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the court shall presume, unless the contrary is shown, that the accused has committed such offenceobligation to furnish information43f (1) notwithstanding anything contained in any other law, the officer investigating any offence under this act, with the prior approval in writing of an officer not below the rank of a superintendent of police, may require any officer or authority of the central government or a state government or a local authority or a bank, or a company, or a firm or any other institution, establishment, organisation or any individual to furnish information in his or their possession in relation to such offence, on points or matters, where the investigating officer has reason to believe that such information will be useful for, or relevant to, the purposes of this act(2) the failure to furnish the information called for under sub-section (1), or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both(3) notwithstanding anything contained in the code, an offence under subsection (2) shall be tried as a summary case and the procedure prescribed in chapter xxi of the said code [except sub-section (2) of section 262] shall be applicable thereto"amendment of section 4513 section 45 of the principal act shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:—"(2) sanction for prosecution under sub-section (1) shall be given only after considering the report of such authority appointed by the central government or, as the case may be, the state government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation to the central government or, as the case may be, the state government"insertion of new section 51a14 after section 51 of the principal act, the following section shall be inserted, namely:—"51a for the prevention of, and for coping with terrorist activities, the central government shall have power to—certain powers of the central government(a) freeze, seize or attach funds and other financial assets or economic resources held by, on behalf of or at the direction of the individuals or entities listed in the schedule to the order, or any other person engaged in or suspected to be engaged in terrorism;(b) prohibit any individual or entity from making any funds, financial assets or economic resources or related services available for the benefit of the individuals or entities listed in the schedule to the order or any other person engaged in or suspected to be engaged in terrorism;(c) prevent the entry into or the transit through india of individuals listed in the schedule to the order or any other person engaged in or suspected to be engaged in terrorism"amendment of section 5315 section 53 of the principal act shall be renumbered as sub-section (1) thereof and after sub-section as so renumbered the following sub-section shall be inserted :—"(2) the order referred to in entry 33 of the schedule and every amendment made to that order 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 30 days which may be comprised in one session or in two or more successive sessions"amendment of schedule16 in the schedule to the principal act after entry 32, the following entry shall be inserted, namely:—43 of 1947 "33 organisations listed in the schedule to the un prevention and suppression of terrorism (implementation of security council resolutions) order, 2007 made under section 2 of the united nations (security council) act, 1947 and amended from time to time" statement of objects and reasonsin view of the concerns and complaints expressed about the manner in which provisions of the prevention of terrorism act, 2002 had been applied including instances of misuse, the act was repealed in 2004 at the same time, keeping in view that india has been a front-runner in the global fight against terrorism, its commitments in terms of the united nations security council resolution 1373 dated 28th september,2001 and the resolve not to allow any compromise in the fight against terrorism, the unlawful activities (prevention) act, 1967 was amended to make provisions to deal with terrorism and terrorist activitiesthere have been significant developments since then at the national and the international level terrorist incidents and activities sponsored from across the borders, in various parts of india and elsewhere, continue to cause concern hence, the legal framework for dealing with such activities, including measures related to financing of terrorism, has been further reviewed the administrative reforms commission in its report 'combatting terrorism - protecting by righteousness', has also made various recommendations in this regard suggestions in this respect have also been received from various other sourcesafter due consideration and examination of these recommendations and suggestions, the government is of the view that further provisions are required to be made in the law to cover various facets of terrorism and terrorist activities, including financing of terrorism, which are not fully covered in the present law, and to make further provisions with the aim of strengthening the arrangements for speedy investigation, prosecution and trial of cases related to terrorism related offences, while at the same time ensuring against any possible misuse of such provisionsthese provisions are proposed to be incorporated in the unlawful activities(prevention) amendment bill, 2008the bill seeks to achieve the above objectivesnew delhi;p chidambaramthe 15th december, 2008 annexure extracts from the unlawful activities (prevention) act, 1967 (37 of 1967)\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|definitions2 (1) in this act, unless the context otherwise requires,—\| \| \| \| \| \|\|------\|------\|------\|------\|-----\|(d) "court" means a criminal court having jurisdiction, under the code, to try offences under this act; (g) "proceeds of terrorism" means all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found, and includes any property which is being used, or is intended to be used, for the purpose of a terrorist organisation;(h) "property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, and includes cash and bank account; chapter iv punishment for terrorist activitiesterrorist act15 whoever, with intent to threaten the unity, integrity, security or sovereignty of india or to strike terror in the people or any section of the people in india or in any foreign country, does any act by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community in india or in any foreign country or causes damage or destruction of any property or equipment used or intended to be used for the defence of india or in connection with any other purposes of the government of india, any state government or any of their agenices, or detains any person and threatens to kill or injure such person in order to compel the government in india or the government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act\| \| \|\|----------------------------------------------------------------------------------------------------\|---------------------------------------------------------------------------------------\|\| punishment for \| \|\| raising fund for \| \|\| terrorist act \| \|\| 17 \| whoever raises fund for the purpose of committing a terrorist act shall be punishable \|\| with imprisonment for a term which shall not be less than five years but which may extend to \| \|\| imprisonment for life, and shall also be liable to fine \| \|\| punishment for \| \|\| conspiracy, etc \| \|\| 18 \| whoever conspire or attempts to commit, or advocates, abets, advises or incites or \|\| knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission \| \|\| of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than \| \|\| five years but which may extend to imprisonment for life, and shall also be liable to fine \| \| 23 (1) if any person with intent to aid any terrorist contravenes any provision of, or any rule made under the explosives act, 1884 or the explosive substances act, 1908 or the inflammable substances act, 1952 or the arms act, 1959, or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substanceenhanced penalties4 of 1884 6 of 1908 20 of 1952 54 of 1959capable of mass destruction or biological or chemical substance of warfare, he shall, notwithstanding anything contained in any of the aforesaid acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine(2) any person who, with intent to aid any terrorist, attempts to contravene or abets, or does any act preparatory to contravention of any provision of any law or rule specified in sub-section (1), shall be deemed to have contravened that provision under sub-section (1)and the provisions of that sub-section in relation to such person, have effect subject to the modification that the reference to "imprisonment for life" therein shall be construed as a reference to "imprisonment for ten years" chapter v forfeiture of proceeds of terrorism24 (1) forfeiture of proceeds of terrorism(2) proceeds of terrorism, whether held by a terrorist or by any other person and whether or not such terrorist or other person is prosecuted or convicted for any offence under chapter iv or chapter vi, shall be liable to be forfeited to the central government or the state government, as the case may be, in the manner provided under this chapter25 (1) (5) the investigating officer may seize and detain any cash to which this chapter applies if he has reasonable ground for suspecting that—(a) it is intended to be used for the purposes of terrorism; orpowers of investigating officer and designated authority and appeal against order of designated authority(b) it forms the whole or part of the resources of a terrorist organisation: provided that the cash seized under this sub-section by the investigating officer shall be released within a period of forty-eight hours beginning with the tme when it is seized unless the matter involving the cash is before the designated authority and such authority passes an order allowing its retention beyond forty-eight hoursexplanation—for the purposes of this sub-section, "cash" means—(a) coins or notes in any currency; (b) postal orders; (c) traveller's cheques;(d) banker's drafts; and (e) such other monetary instruments as the central government or, as the case may be, the state government may specify by an order made in writing ———— a billfurther to amend the unlawful activities (prevention) act, 1967————gmgipmrnd—4407ls(s5)—15122008	Parliament_bills	6b7a70da-9519-5836-b016-ae10d43697fb
bill no 76 of 2016 the constitution (scheduled castes and scheduled tribes) orders (amendment) bill, 2016 bydr mahendra nath pandey, mpa billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution (scheduled tribes) (uttar pradesh) order, 1967be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—commencementco 192 in the schedule to the constitution (scheduled castes) order, 1950, in part xviii-uttar pradesh, entry 55 shall be omittedamendment of the constitution (scheduled castes) order, 1950co 783 in the schedule to the constitution (scheduled tribes) (uttar pradesh) order, 1967, after entry 15, the following entry shall be inserted, namely:—5"16 musahar"amendment of the constitution (scheduled tribes) (uttar pradesh) order, 1967 statement of objects and reasonseven after sixty-eight years of independence, the persons belonging to the 'musahar'community residing in various parts of the state of uttar pradesh especially in the districts of chandauli, varanasi and mirzapur are living under pitiable condition the community has been included in the list of scheduled castes in respect of the state however, the community is not able to compete with other scheduled castes and have been deprived of all the benefits like reservation etc in fact today they have been marginalized by other forward scheduled castesnow, it is the need of the hour that "musahar" community be included in the list of scheduled tribes to enable them to avail the existing financial and other benefits under the ongoing schemes meant for welfare of the listed tribal communitieshence this billnew delhi;mahendra nath pandeyfebruary 24, 2016 financial memorandumclause 3 of the bill seeks to include musahar community in the list of scheduled tribes in respect of the state of uttar pradesh the bill, therefore, if enacted, would involve additional recurring expenditure from the consolidated fund of india on account of benefits to be provided to the persons belonging to this tribe under the ongoing central schemes meant for development of the scheduled tribes at this stage, it is not possible to give the exact amount to be incurred on this account however, it is expected that a recurring expenditure of about rupees five hundred crore will be involved annuallyno non-recurring expenditure will be involved annexurethe constitution (scheduled castes) order, 1950(co 19) the schedule part xviii-uttar pradesh 55 musahar extract from the constitution (scheduled tribes) (uttar pradesh) order, 1967(co 78) the schedule 15 bhuiya, bhuinya (in the district of sonbhadra) ———— a billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution(scheduled tribes) (uttar pradesh) order, 1967————(dr mahendra nath pandey, mp)gmgipmrnd—5313ls(s3)—16-04-2016	Parliament_bills	5b66ccbf-6541-5ab3-b49c-4d24b443b1be
bill no iv of 2015 the child development programmes coordination agency bill, 2015 a billto provide for the constitution of the child development programmes coordination agency in order to ensure smooth functioning of child development programmes and achievement of targets for such programmes within a set time frame and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the child development programmes coordination agency act, 2015short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires:—(a) "agency" means the child development programmes coordination agency established under section 4 of the act10(b) "child development programmes" means the programmes being run by theministry of women and child development of the central government with an object of child development in the country;(c) "prescribed" means prescribed by rules made under the act(d) "supreme departmental authority" means the secretary of the department of women and child development of the central government;(e) "top official" means the head of the child development programmes being run by the central government5coordination of child development programmes3 an agency shall be established to bring coordination among child development programmes run by the central government with an objective to ensure that the child development programmes are run smoothly and the targets are achieved within the set time frame104 (1) the central government shall by notification in the official gazette establish an agency for the purpose of this act to be known as the child development programme coordination agency, in such manner as may be prescribedestablishment of child development coordination agency(2) the central government shall appoint such number of officers and staff for the efficient functioning of the agency and the terms and conditions of the services of such persons appointed shall be such as may be prescribed(3) the headquarter of the agency shall be at such place as may be prescribed155 the agency shall perform the following functions:—functions of the agency(a) conduct monthly review of child development programmes run by the central government;(b) hold meetings with the top officials in connection with the quarterly execution of programme based on the review;20(c) submit half-yearly progress report and give suggestions to supreme departmental authority; and(d) such other functions as may be prescribed by the central government from time to time256 (1) the central government shall by notification in the official gazette establish a fund to be known as "child development programmes coordination fund'establishment of agency fund(2) the central government shall after due appropriation made by parliament by law in this behalf, provide requisite sums to the fund for carrying out the purposes of this act307 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effectpower to make rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsit is unfair to think of development of a nation without the development of its childrenactually, child development is the foundation of national development the responsibility of ensuing health care, availability of good nutrition and quality education to children lies not only with the parents but also with the government presently, a number of programmes on child development are being run by the central government among which the integrated child development services (icds) scheme is the primary one which was started in 1975 subsequenlty, many small or big programmes were introduced despite all this schemes there seems to be a continuous deterioration in child development scenario in the country, be it the state of health or nutrition or education owing to lack of coordination among various ongoing programmes, the state of child development in the country continues to be at the lowest level despite spending hundreds of crores of rupees annually therefore, the need to establish a coordination agency for ensuring smooth functioning of child development programme and achievement of targets of such programmes within the set time frame is inevitablehence, this billprabhat jha financial memorandumclause 4 of the bill provides for the establishment of the child development programmes coordination agency and the appointment of officers and staff in the agency clause 6 of the bill provides for the establishment of a child development programme coordination fund therefore, the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees one thousand crore per annum a non-recurring expenditure of about rupees one hundred crore is also likely to be incurred memorandum regarding delegated legislationclause 8 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 details only, the delegation of legislative powers is of a normal character———— a billto provide for the constitution of the child development programme coordination agency in order to ensure the smooth functioning of child development programmes and achievement of targets for such programmes within a set time frame and for matters connected herewith and incidental thereto————(shri prabhat jha, mp)gmgipmrnd—3835rs(s3)—18-12-2015	Parliament_bills	0b07ab03-1d0a-54b1-a4d7-d745664db484
bill no xxxi of 2018 the downtrodden, backward and oppressed youth (development and welfare) bill, 2018 a billto provide for the formulation and implementation of a comprehensive national policyfor ensuring overall development of the youth belonging to scheduled castes,scheduled tribes and those from other backward classes and oppressedcategories from the religious and linguistic minorities and for theirwelfare to be undertaken by the state and for matters connectedtherewith and incidental theretobe it enacted by parliament in the sixty-ninth year of the repulbic of india as follows:—1 (1) this act may be called the downtrodden, backward and oppressed youth(development and welfare) act, 2018short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effect5definitions2 in this act, unless the context otherwise requires:—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;10(b) "backward" means those youth who belong to castes which have beendeclared, by notification in the official gazette, as backward by the appropriate government from time to time;(c) "downtrodden youth" means the youth belonging to scheduled castes and scheduled tribes not provided with opportunities;5(d) "oppressed youth" means the youth who have been cruelly or unjustly treated in the society due to faith or religion, caste or creed or language or have been oppressed with poverty as such;(e) "prescribed" means prescribed by rules made under this act; (f) "youth" means any person who has attained the age of eighteen years but is not above the age of thirty-five years103 (1) the central government shall, as soon as may be, formulate a comprehensive national policy for the overall development and welfare of the downtrodden, backward and oppressed youth of the nation for implementation throughout the countrynational policy for the downtrodden, backward and oppressed youth(2) without prejudice to the generality of the provisions of sub-section (1) of section 3, the national policy referred to therein may provide for;(a) free higher education, including medical, technical and information technology;15(b) free coaching training for admission to management courses with assured admission in management institutes of repute;(c) books, stationery, equipments and educational gadgets free of cost; (d) scholarships in deserving cases; (e) free hostel facilities;20(f) free public transport facilities; (g) monthly pocket expenses allowances at such rate as may be prescribed;(h) free entertainment facilities; (i) free access to all libraries and technical institutions;25(j) training in sports to every eligible youth covered under this act and facilities and appropriate incentives to participate in sports activities, events and tournaments in and outside the country;(k) provision for free of cost healthy and nutritious meals to all the youth covered under this act in the schools, colleges, universities, hostels and technical institutions;30(l) free medical and healthcare; (m) providing modern apprenticeship in business, trade, vocation etc, in factories and commercial establishments;35(n) providing military training to physically fit youth covered under this act and those successfully completing training to be given preference for recruitment in defence services;(o) free of cost coaching and study material •for all india services and other competitive examinations which are conducted by union public service commission, state public service commissions and other examination bodies such as of railways, banks staff selection commission and other bodies of the government at the centre, states and union territories;40(p) such other facilities, incentives and welfare measures as may be prescribed from time to time 4 it shall be the duty of every appropriate government to implement in letter and spirit the national policy formulated under this actappropriate government to implement national policyemployment and unemployment allowance55 notwithstanding anything contained in any other law for the time being in force, the appropriate government shall provide gainful employment to the youth covered under this act as per their ability and qualification after completing their education or training, as the case may be, and in case that government fails to provide them employment, the youth shall be paid unemployment allowance on monthly basis at such rate as may be prescribed by the central government until they are given gainful employmentmiscellaneous provisions106 (1)the appropriate government shall appoint such number of expert committees in the capital of every state and union territory and in every district as it may deem necessary for carrying out the purposes of this act comprising renowned educationists and psychologists and others to recommend some trade or vacation related education or training to be imparted to the youth covered under this act after passing their secondary or matriculation examination(2) the appropriate government shall establish such number of youth hostels on the lines of international youth hostels at conspicuous places in the country for the youth covered under this act as it may deem necessary for the purposes of this act15(3) the appropriate government shall promote youth cooperatives at villages and district levels for establishing their village industries ventures, dairy projects, food processing, poultry, fair price shops, lpg distribution, etc and provide requisite financial assistance and guidance to them for procuring raw materials and promoting marketing, etc20(4) the appropriate government shall ensure the availability of requisite credit at nominal rate of interest from the banks and other financial institutions to the youth covered under this act for their self employment projects(5) the appropriate government shall extend such welfare measures to the youth covered under this act as that government may deem appropriate and necessary for carrying out the purposes of this act257 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds for carrying out the purposes of this actcentral government to provide requisite fundspower to make rules8 the central government may by notification in the official gazette, make rules for to carrying out the purposes of this act statement of objects and reasonsthe youth are always at the centre stage of socio-political activities in our nationto maintain this strength, a clear cut youth policy is required to rid the youth of problems relating to education, poverty, nutrition, employment opportunities, self employment, vocational training, health, sports, etc the country at present has no institutional mechanism to harness the potential of our youth and channelise their energy for the betterment of the country the plight of the youth belonging to downtrodden communities such as scheduled castes, scheduled tribes and other backward classes ( obcs) who have been oppressed for centuries is even worse even today the downtrodden youth have to face social ostracisation though thanks to the reservation policy propounded and given by the messiah of the downtrodden babasaheb br ambedkar, many of them have made some progress but the downtrodden youth still require special attention because there is a need to instill a sense of belonging among the downtrodden, backward and oppressed youth of the nation by providing them all opportunities for their overall development so that they too contribute to the progress of the country to their full potential the facilities and opportunities should be provided as a matter of right good education should be their right and it should not be a privilege of the elite only employment needs to be guaranteed to them and if employment opportunity is not provided they have to be given unemployment allowance they have to be linked directly with the production processes by eliminating the disparities between the rural and urban downtrodden youth for this a comprehensive national policy for the downtrodden backward and oppressed youth should be in place to ensure their all round development which is the need of the hour and an absolute necessity the state has to extend welfare measures for them and enable them to fight against fanaticism, fundamentalism and separatismhence this billamar shankar sable financial memorandumclause 3 of the bill provides for a national policy for the downtrodden backward and oppressed youth under which various facilities are to be provided to such youth clause 5 provides for employment opportunities and payment of unemployment allowance by the government clause 7 makes it mandatory for the central government to provide requisite funds to carry out the provisions of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible at present to quantify the funds that may involve but it is estimated that a sum of rupees thirty thousand crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees twenty thousand crore may also involve for creating assets and infrastructure memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the formulation and implementation of a comprehensive national policy for ensuring overall development of the youth belonging to scheduled castes, scheduled tribes and those from other backward classes and oppressed categories from the religious and linguistic minorities and for their welfare to be undertaken by the state and for matter connected therewith and incidental thereto ————(shri amar shankar sable, mp)mgipmrnd—1459rs(s3)—06-08-2018	Parliament_bills	bfe54b32-c45d-5761-bf9d-9746185b5710
bill no lvii of 2013 the representation of the people (amendment and validation) bill, 2013 abillfurther to amend the representation of the people act, 1951be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the representation of the people (amendment and validation) act, 2013(2) it shall be deemed to have come into force on the 10th day of july, 2013amendment of section 7 amendment of section 623 in section 62 of the principal act, after the proviso to sub-section (5), the following proviso shall be inserted, namely:—sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector"validation 4 notwithstanding anything contained in any judgment, decree or order of anycourt, tribunal or other authority, the provisions of the representation of the people act, 1951, as amended by this act, shall have and shall be deemed always to have effect for all purposes as if the provisions of this act had been in force at all material times43 of 1951 statement of objects and reasonsthe representation of the people act, 1951 provides for the conduct of elections of the houses of parliament and 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 elections2 a division bench of the supreme court by its order dated the 10th july, 2013, in the case of chief election commissioner vs jan chaukidar and others (civil appeal nos 3040-3041 of 2004), has upheld an order of the high court of patna declaring that a person who has no right to vote by virtue of sub-section (5) of section 62 of the said act, is not an elector and is, therefore, not qualified to contest the election to either house of parliament or the legislative assembly of a state3 the government has examined the said order of the supreme court and has filed a petition for review of the said order in consultation with the learned attorney-general for india further, the government is of the view that without waiting for the outcome of the said review petition, there is a need for suitably addressing the situation arising out of the said order of the supreme court therefore, it is proposed to amend the said act4 the amendments proposed in the representation of the people (amendment and validation) bill, 2013, inter alia, are as under:-—(a) to amend the definition of the term "disqualified" in clause (b) of section 7 so as to expressly provide that a member of parliament or the legislature of a state shall be disqualified for being chosen as or for being such member only if he is so disqualified under the provisions of chapter iii of part ii of the said act and on no other ground;(b) to insert a proviso to sub-section (5) of section 62 so as to expressly provide that by reason of the prohibition to vote under the said sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector 5 the bill seeks to achieve the above objectivesnew delhi;kapil sibalthe 23rd august, 2013 annexure extracts from the representation of the people act, 1951(43 of 1951) chapter iiidisqualifications for membership of parliament and state legislatures definitions7 in this chapter,— (b) "disqualified" means disqualified for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state right to vote62 (1) (5) no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police: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 rajya sabha———— a billfurther to amend the representation of the people act, 1951————(shri kapil sibal, minister of law and justice)gmgipmrnd—2270rs(s4)—23-08-2013	Parliament_bills	f323e6f7-c8da-5868-b629-2af9e93c3ab6
bui:n~i;a, tile delhi (delegation of powers) biu, 1963bill ~ , - ----_- --" ,--'; ~ lit, ,,'" i·~"j"· _ -r, ''''tw~:;;i to provide for the delegation of certain power vcted in the adm'm, trator of the union territ071l of delhi "'be" it ~";cted by' parliaine~~tii the f~u:rteen,th -yea~ therepub~ lie of india as follows:-1 (1) thjs act may be called the delhi (delegation of pow-era) sbort title act, 1963 and extent (2) it extends to the whole of the union territory of delhi s -- ~ ", - _ _~ _ c-- - ;-a- •• 2 in this act, unless the context otherwise requires,-de6ni-- - ill tiona (a) "adrnirustrator" means the administrator of deuu appointed by the president under article 239 of the constitution; ca:~~ ~ ~ w ~ -=--___ (b) "chief secretary" means the chief secretary of the delhi administration; '" ~ 10 (c) "otlhi" means the union territory of delhi: (d) "district judge" means the district judge, delhi, and includes an additional district judge, delhi 3 (1) any power, authority or jurisdiction or any duty which delegatioa is the administrator may exercise or discharge by or under the provi- of powera, sions of any enactment mentioned in column 1 of the schedule may r:=a~ be exercised or discharged alsoistrator undereer-(a) by any officer or authority mentioned in relation thereto tain lawi in column 2 of the said schedule; (b) by such other oaleel' or authority as may be lpeelfted in this behalf by the central government by notification in the ome1al· gazette (2) the administrator may transfer any appeal or application for revision or any other matter pending befode him for disposal to an 5 officer or other uuthority competent under sub-section (1) to dispose of the same (3) the administrator may withdraw for disposal by himself any appeal or application for revision or any other matter pending befo;fe ~qffic~ or quter authority competent under sub-section (1) 10 to· ·dispose ·of· theme the schedule (see s~clio1 3)provisions vesting powers officer or authority who name of enactment ~ in the a,4,lni\itrator may awl exercise is the power& chiaf scctetary 20 chief seeretary j :l'~ ,purijab lalllj: revenue< seaions 13 aad 16 aa, i887 (l'unjab act 17 cf , 'l881>, lsin-force in delhi· 2: united, provida:s lana smions 21e" and 219 revenue'act, 1901 (united provinces act 3 of 1901), as in force in d~i, , , district judge 3 the bengal finance (sales section 20 (3)· t ~) ac( 1941 (bet:!:gai a~ 6 of 1941) as in force 1d delhi chief secuetary 4-111e,p~joandrevclu1e ai;t, ~flions 640 66 and 7' ,1954 (~llir ~f1 il of 1954)· 30 :chief s«relary 5 ~ swn ~s (imprpve-" section 20 ment and clearance) act, 1956 (96 of 1956) ' the delhi (delegation of powers) bill, 1963 (to be/as introduced in lok sabha)1 page 2, line 5,-for libefode" ~ "before" 2 page 6, line 29,-for tturracts" read 'textr1~ct" 3 correct line numbers on page 2 new delhi, --vember 25~ 1963 hgrahayana 4, 1885 statement of objects and reasonsund~ certain enactments in force in the union territory of delhi, the ctuefcommissioner of del:hf 'has to exercise appellate, mtsldnal and other poweirs "either by virtue of express -proyisions ln t!ioe ,enactments or by virtue of delegation 'of those powers to him the chief commissioner, on an average, has to hear over '400 appeals and revision applications during the -course of a year under the prmisions {)fthe enactmenislnentioned in the schedule to the bill this work ool1s1llm!!s consjderirble time and renders it diftlcult lor the chief commissioner to devote adequate attention totf1e various prob~s eoj1nected with the administration of the union territory it is, "thefiefore, coftsidered necessary to give relief to ·the- cbfef coibmissi0lle!' by pfuviding that the·powers mentiolned above shall be -exercisable also by tbe oflicers lind authorities spedfted fn the sehfdule and by such other officer or authority as may be specified in this behalf by the centml govern·ment the bill seeks to give et!ect to this object m chandrasekhar • new delhi; the 13th november, 1963 preside!ft's recommendation under article 117 of the constitution of india[copy of letter no 42/3/63-delhi, dated the 16th november, 1963 from shrimati m chandrasekhttr, deputy minister of home affairs to the secretary lok sabha] the president having been informed of the subject matter of the bill, has recommended to the lok sabha the consideration of the bill under article 117 (3) of the constitution clause 3(1) (b) of the bill provides that such officer or authority as may be specified in this behalf by the central goverrunent by notification in the oftlcial gazette may also exercise or discharge the power, authority, jurisdiction or duty which the administrator may exercise or discharge under the provisions of an enactment mentioned in column 1 of the schedule to the bill immediately there is no intention of appointing any extra officer for this purpose and the delegated powers will be exercised -by the existing officers such lis the chief secretary, delhi administration, district judge or additional district judge, delhi, as the case may be however, it may become necessary at a future date to appoint a sep8l1lte officer for this purpose the total annua1i e~diture, if such an oflicer is a,ppointed, is estimated to be about rs 30,000 - - - - - 13 save as otherwise provided by this act, an appeal shall lie appeals from an original or appellate order of revenue officer as follows, namely:-(a) to the collector, when the order is made by an assistant collector of either grade; (b) to the commissioner, when the order is made by a collector; (c) to the financial commissioner, when the order is rnade by a commissioner: provided that-(i) when an original order is confirmed on first appeal, a further appeal shall not lie; (ii) when any such order is modified or reversed on appeal by the collector, the order made by the commissioner on further appeal, if any, to him shall be final - - - - - 16 (1) the financial commissioner may at any time call for the power to record of any case pending before, or disposed of 'by, any revenue ~~~f~e officer subordinate to him and revise proceed-(2) a commissioner or collector may call for the record of any rings of · evenue case pendmg before, or disposed of by, any revenue officer under officers his control (3) if in any case in which a commissioner or collector has called for a record he is of opinion that the proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the financial commissioner (4) the financial commissioner may, in any case called for by himself under sub-section (1) or reported to him under sulb-sectfon (3), pass such order as he thinks fit: provided that he shall not under this section pass an order reversing or modifying' any proceeding or order of a subordinate revenue q " -, officer and affecting any question of right between private persons without giving those persons an opportunity of being heard - - " - - ex1'mcts nom 7jiij uni'1'bd pbovinces lan8 revfdfuj: ar:r, 1901 (3 011' 1901) - - - - - 110 (1) a})pealsshau lie under this act as follows:-courts to which appeals lie (\:i) to the record officer from orders passed by any assis-·ta1lt reeord oftleer; (b) to the commissioner from orders passed by assistant collector ql' tahsildar; (c) to the board from judicial orders passed: by a :commission~or additional commissioner or reoord officer - - - - - (4) no appeal shall be allowed from a non-judicial order not ccll1jlecteci with settlemem pesaed by a commilsioner - - - " ~t~(r" 219 "the ,state government may cal1 for the record of any noner~~n~v- judicial proceeding not connected with settlement held by any officer ~~ !~f~r subordinate to it, a~ may pass thereon such orders as it thinks fit :~~_ ·t1teboard may call for the record of any case oj a jud~ial nature nate olb-or connected wit a settl~ent, in which no appeal lies to the beard, ":rs~~ if the officer by whom the case was decided appears to have exerciaed orders " a jurisdiction not vested in him by law, or to have failed to exercise a juri!di¢ion'so vested, or to ha've ected in the e~cise of his jurisdiction illegally or with substantial irregularity, and may pass sueh orders in the case as it thinks fit " ' - - - - - appeal, r:v ~ion and review extracts prom the bengal finance (sales tax) act, 1941 (6 of 1941) " - - - - 20 - - - " - c3) subject to such rules as may be prescribed and for reasons to be recprded in writing, the commissioner upon application or of his own notion may revise any assessment made or or~er passed under this act or the rules thereunder by a person appointed under section 3 to assist him, and subject as afweaaid, the chief commis· sitmer may, ia like manper, revise by order pass by the commissiouerc ; _ ~ : _4~ ::i 1 provided that before rejecting any application for the revision of any such order the commissioner or the chief commissioner, as the case ma'y be, shall consider it and shall record reasons for such rejection: (~ _l~ ~_ti',_::j~j provided further that no application for revision shall lie to the commissioner in respect of a~ assessment if an appeal lies under sub-section (1) to the commissioner in respect of such assessment - - - - - extracts fiiom the dbuu lad revbbue acr, 19m(12 of 1954) - - - - chapti;:r vi appeals, reference and revision64 (1) an appeal shall lie wider this act-courts to which (a) to the settlement officer· or the record officer from appeals orders passed by any assistant settlement officer or assistant lie record officer, respectively; (p) to the; deputy commissioner ql' to the additional collector specially empowered in this behalf from orders passed by tbe &eveaue amtant, an assistant collector or tabsildarj (c) to the chief commissioner from orders passed by the deputy commissiorer, additional collector, settlement officer or record officer - - - - - 66 a second appeal shall lie to the chief commissioner from an second order deciding an appeal under clause (a) or clause (b) of sub- appeal section (1) of section 64 on any of the following grounds and no other, namely:-(i) the decision being contrary to law· or to some usagehaving the force of law, (ii) the decision having failed to determine some material issue of law or usage having the force of law, (iii) a substantial error or defect in the procedure as laid down in this act or prescribed thereunder, which may possibly have produced error or defect in the decision of the case upon the merits - - - - - 72 the ohief commissioner may call for the record of-(a) any non-judicial proceeding not connected with settlement, held by any ofbcer subordinate!fo him, and may pass thereon such orders as he thinks fit, or power of chief commis-iloner to call for files of lubordinate offi cers and to revise order • (b) any case of a judicial nature or connected with settlement, in which no appeal lies to the chief commissioner, if the officer by whom the case was decided appears to have exercised jurisdiction not vested in him by law, or to have failed to exercise a jurisdiction so vested, or to have acted in the exercise of his jurisdiction illpgally, or with substantial irregularity, and may pass such orders in the case as he thinks fit - - - - - extract from the slum areas (improvement and clearance) act, 1956(96 of 1956) - - - - - appeall 20 any person aggrieved by an order of the competent authority refusing to grant the permission referred to in sub-section (1) of section 19 may, within such time as may be prescribed, prefer an appeul to the administrator and the decision of the administrator on such appeal shall be final - - - - - a bjll tq provide for the delegation of certain powers vested in the administrator of the union territory of delhi (8hrimali m chandrasekhar, j)eputy minister in the mirtistry of home affairs)	Parliament_bills	8fe93c6a-9e8e-582b-8d02-20ce3b733aa2
bill no 94 of 2020 the jammu and kashmir appropriation (no 2) bill, 2020 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the union territory of jammu and kashmir for the services of the financial year 2019-20 be it enacted by parliament in the seventy-first year of the republic of india as follows:—short title1 this act may be called the jammu and kashmir appropriation (no 2)act, 20205102 from and out of the consolidated fund of the union territory of jammu andkashmir, there may be paid and applied sums not exceeding those specified in column 3 ofthe schedule amounting in the aggregate to the sum of fifty-five thousands three hundred seventeen crore eighty-one lakhs rupees towards defraying the several charges which will come in course of payment during the financial year 2019-20 for a period of five months with effect from the 31st day of october, 2019 to 31st day of march, 2020 in respect of the services specified in column 2 of the scheduleissue of rs 55317,81,00,000 from and out of the consolidated fund of the union territory of jammu and kashmir for financial year 2019-20appropriation3 the sums authorised to be paid and applied from and out of the consolidated fund of the union territory of jammu and kashmir by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said yearthe schedule(see sections 2 and 3)\| 1 \| 2 \| 3 \|\|-----------------------\|----------------------------------------------------\|-----------------\|\| sums not exceeding \| \| \|\| no \| \| \|\| of \| \| \|\| vote \| \| \|\| services and purposes \| voted \| charged \|\| by parliament \| on the \| total \|\| consolidated \| \| \|\| fund \| \| \|\| 1 \| general administration department revenue \| 20,89721 \|\| capital \| 12,29181 \| \|\| 2 \| home department revenue \| 3,68,43487 \|\| capital \| 66,08593 \| \|\| 3 \| planning department \| revenue \|\| capital \| 93,00509 \| \|\| 4 \| information department \| revenue \|\| capital \| 7500 \| \|\| 6 \| power development department \| revenue \|\| capital \| 1,53,59794 \| \|\| 7 \| education department \| revenue \|\| capital \| 76,85933 \| \|\| 8 \| finance department revenue \| 4,23,02551 \|\| capital \| 63,84533 \| 10053,23,00,000 \|\| 9 \| parliamentary affairs department \| revenue \|\| capital \| 15000 \| \|\| 10 \| law department revenue \| 59,59060 \|\| capital \| 4,13692 \| \|\| 11 \| industry and commerce department revenue \| 17,11581 \|\| capital \| 48,79718 \| \|\| 12 \| agriculture department revenue \| 71,00676 \|\| capital \| 31,89724 \| \|\| 13 \| animal and sheep husbandry department revenue \| 29,48630 \|\| capital \| 13,18408 \| \|\| 14 \| revenue department revenue \| 20,98635 \|\| capital \| 1,34900 \| \|\| 15 \| food civil supplies and consumer affairs \| \|\| department revenue \| 19,26735 \| \|\| capital \| 25,99408 \| \|\| 16 \| public works department revenue \| 35,79864 \|\| capital \| 1,48,26228 \| \|\| 17 \| health and medical education department revenue \| 2,16,95132 \|\| capital \| 79,28591 \| \|\| 18 \| social welfare department revenue \| 1,46,67690 \|\| capital \| 13,17189 \| \|\| 19 \| housing and urban development department revenue \| 36,39976 \|\| capital \| 61,58574 \| \|\| 20 \| tourism department revenue \| 13,55394 \|\| capital \| 25,93575 \| \|\| 21 \| forest department revenue \| 49,80536 \|\| capital \| 9,91088 \| \|\| 22 \| irrigation department revenue \| 25,56226 \|\| capital \| 59,50632 \| \|\| 23 \| public health engineering department revenue \| 63,23226 \|\| capital \| 87,91987 \| \|\| 24 \| hospitality and protocol department revenue \| 13,50316 \|\| capital \| 6,19730 \| \|\| 25 \| labour, stationery and printing department revenue \| 6,44701 \|\| capital \| 4,63965 \| \|\| rs \|\|--------------------\|\| 219,18,16,000 \|\| 122,91,81,000 \|\| 208,97,21,000 \|\| 122,91,81,000 \|\| 3684,34,87,000 \|\| 660,85,93,000 \|\| 3684,34,87,000 \|\| 660,85,93,000 \|\| 47,24,79,000 \|\| 930,05,09,000 \|\| 47,24,79,000 \|\| 930,05,09,000 \|\| 57,12,87,000 \|\| 75,00,000 \|\| 57,12,87,000 \|\| 75,00,000 \|\| 5660,90,93,000 \|\| 1535,97,94,000 \|\| 5660,90,93,000 \|\| 1535,97,94,000 \|\| 5411,97,85,000 \|\| 768,59,33,000 \|\| 5411,97,85,000 \|\| 768,59,33,000 \|\| 6036,26,83,000 \|\| 10691,68,33,000 \|\| 17,71,27,000 \|\| 1,50,00,000 \|\| 4230,25,51,000 \|\| 638,45,33,000 \|\| 17,38,37,000 \|\| 1,50,00,000 \|\| 631,99,30,000 \|\| 41,36,92,000 \|\| 595,90,60,000 \|\| 41,36,92,000 \|\| 171,15,81,000 \|\| 487,97,18,000 \|\| 171,15,81,000 \|\| 487,97,18,000 \|\| 710,06,76,000 \|\| 318,97,24,000 \|\| 710,06,76,000 \|\| 318,97,24,000 \|\| 294,86,30,000 \|\| 294,86,30,000 \|\| 131,84,08,000 \|\| 209,86,35,000 \|\| 13,49,00,000 \|\| 131,84,08,000 \|\| 209,86,35,000 \|\| 13,49,00,000 \|\| 192,67,35,000 \|\| 259,94,08,000 \|\| 192,67,35,000 \|\| 259,94,08,000 \|\| 357,98,64,000 \|\| 1482,62,28,000 \|\| 357,98,64,000 \|\| 1482,62,28,000 \|\| 2169,51,32,000 \|\| 792,85,91,000 \|\| 2169,51,32,000 \|\| 792,85,91,000 \|\| 1466,76,90,000 \|\| 131,71,89,000 \|\| 1466,76,90,000 \|\| 131,71,89,000 \|\| 363,99,76,000 \|\| 615,85,74,000 \|\| 363,99,76,000 \|\| 615,85,74,000 \|\| 135,53,94,000 \|\| 259,35,75,000 \|\| 135,53,94,000 \|\| 259,35,75,000 \|\| 498,05,36,000 \|\| 99,10,88,000 \|\| 498,05,36,000 \|\| 99,10,88,000 \|\| 255,62,26,000 \|\| 595,06,32,000 \|\| 255,62,26,000 \|\| 595,06,32,000 \|\| 632,32,26,000 \|\| 879,19,87,000 \|\| 632,32,26,000 \|\| 879,19,87,000 \|\| 135,03,16,000 \|\| 61,97,30,000 \|\| 135,03,16,000 \|\| 61,97,30,000 \|\| 64,47,01,000 \|\| 46,39,65,000 \|\| 64,47,01,000 \|\| 46,39,65,000 \|\| 1 \| 2 \| 3 \|\|------------------------------------\|-------------------------------------------------\|-----------\|\| sums not exceeding \| \| \|\| no \| \| \|\| of \| \| \|\| vote \| \| \|\| services and purposes \| voted \| charged \|\| by parliament \| on the \| total \|\| consolidated \| \| \|\| fund \| \| \|\| 26 \| fisheries department revenue \| 4,268,18 \|\| capital \| 2,597,77 \| \|\| 27 \| higher education department revenue \| 67,881,80 \|\| capital \| 10,770,00 \| \|\| 28 \| rural development department revenue \| 31,084,36 \|\| capital \| 2,00,997,66 \| \|\| 29 \| transport department revenue \| 6,438,07 \|\| capital \| 11,366,60 \| \|\| 30 \| tribal affairs department revenue \| 4,032,32 \|\| capital \| 8,643,48 \| \|\| 31 \| culture department revenue \| 3,056,65 \|\| capital \| 1,380,92 \| \|\| 32 \| horticulture department revenue \| 7,767,38 \|\| capital \| 38,722,19 \| \|\| 33 \| disaster management, relief, rehabilitation and \| \|\| re-construction department revenue \| 41,323,84 \| \|\| capital \| 15,170,20 \| \|\| 34 \| youth services and technical education revenue \| 27,557,29 \|\| capital \| 4,905,31 \| \|\| 35 \| science and technology department revenue \| 607,49 \|\| capital \| 3,112,06 \| \|\| 36 \| cooperative department revenue \| 4,198,36 \|\| capital \| 421,50 \| \|\| t \| \| \|\| otal \| \| \|\| : \| 11905,86,87,000 \| \|\| rs \| rs \| rs \|\| 42,68,18,000 \| \| \|\| 25,97,77,000 \| \| \|\| 42,68,18,000 \| \| \|\| 25,97,77,000 \| \| \|\| 678,81,80,000 \| \| \|\| 107,70,00,000 \| \| \|\| 678,81,80,000 \| \| \|\| 107,70,00,000 \| \| \|\| 310,84,36,000 \| \| \|\| 2009,97,66,000 \| \| \|\| 310,84,36,000 \| \| \|\| 2009,97,66,000 \| \| \|\| 64,38,07,000 \| \| \|\| 113,66,60,000 \| \| \|\| 64,38,07,000 \| \| \|\| 113,66,60,000 \| \| \|\| 40,32,32,000 \| \| \|\| 86,43,48,000 \| \| \|\| 40,32,32,000 \| \| \|\| 86,43,48,000 \| \| \|\| 30,56,65,000 \| \| \|\| 13,80,92,000 \| \| \|\| 30,56,65,000 \| \| \|\| 13,80,92,000 \| \| \|\| 77,67,38,000 \| \| \|\| 387,22,19,000 \| \| \|\| 77,67,38,000 \| \| \|\| 387,22,19,000 \| \| \|\| 413,23,84,000 \| \| \|\| 151,70,20,000 \| \| \|\| 413,23,84,000 \| \| \|\| 151,70,20,000 \| \| \|\| 275,57,29,000 \| \| \|\| 49,05,31,000 \| \| \|\| 275,57,29,000 \| \| \|\| 49,05,31,000 \| \| \|\| 6,07,49,000 \| \| \|\| 31,12,06,000 \| \| \|\| 6,07,49,000 \| \| \|\| 31,12,06,000 \| \| \|\| 41,98,36,000 \| \| \|\| 4,21,50,000 \| \| \|\| 41,98,36,000 \| \| \|\| 4,21,50,000 \| \| \|\| 43411,94,13,000 \| \| \|\| 55317,81,00,000 \| \| \| statement of objects and reasonsthis bill is introduced in pursuance of the gazette of india, extraordinary, part ii, section 3, sub-section (ii), so 3938(e), dated the 31st october, 2019 issued consequent upon the proclamation issued on the 31st october, 2019, gazette of india, extraordinary, part ii, section 3, sub-section (ii) so 3937(e), dated the 31st october, 2019 under section 73 of the jammu and kashmir reorganisation act, 2019 read with articles 239 and 239a of the constitution and section 74 of the jammu and kashmir reorganisation act, 2019, to authorise payment and appropriation of certain sums from and out of the consolidated fund of the union territory of jammu and kashmir of the moneys required to meet the expenditure charged on the consolidated fund of union territory of jammu and kashmir and the grants made for expenditure of the union territory of jammu and kashmir for part of financial year 2019-20 from the 31st day of october, 2019 to 31st day of march, 2020nirmala sitharaman ———— president's recommendation under section 36(1)(c) and (d) and 43(1) of jammu and kashmir reorganisation act, 2019 [letter no 2(19)-b(s)/2018, dated 5th march, 2020 from smt nirmala sitharaman, minister of finance and corporate affairs addressed to the secretary general, lok sabha]the president, having been informed of the subject matter of the jammu and kashmir appropriation (no 2) bill, 2020 to authorise payment and appropriation of certain sums from and out of the consolidated fund of union territory of jammu and kashmir for the services of the financial year 2019-20 recommends, under section 36 (1) (c) and (d) and 43 (1) of the jammu and kashmir reorganisation act, 2019 read with articles 239 and 239a of the constitution, the introduction of the jammu and kashmir appropriation (no 2) bill, 2020 in lok sabha and also the consideration of the bill———— a billto authorise payment and appropriation of certain sums from and out of theconsolidated fund of the union territory of jammu and kashmir for the services of the financial year 2019-20————(smt nirmala sitharaman, minister of finance and corporate affairs)mgipmrnd—5933ls(s3)—13-03-2020	Parliament_bills	1514d7a8-aaed-5daa-9545-4be6d354760d
the national institute of design bill, 2013————— arrangement of clauses————— chapter i preliminary clauses1 short title and commencement 2 declaration of national institute of design, ahmedabad, as an institution of nationalimportance3 definitions chapter ii the institute4 incorporation of the institute 5 effect of incorporation of the institute 6 powers of institute 7 institute be open to all races, creeds and classes 8 teaching at institute 9 visitor10 authorities of institute 11 governing council 12 term of office of, vacancies among, and allowances payable to chairperson and othermembers of governing council13 meeting of governing council 14 powers and functions of governing council 15 senate 16 functions of senate 17 functions, powers and duties of chairperson 18 director 19 dean 20 registrar 21 powers and duties of other authorities and officers 22 grants by central government 23 fund of institute 24 setting up of endowment fund 25 accounts and audit 26 pension and provident fund clauses27 appointment of staff 28 statutes 29 statutes how to be made 30 ordinances 31 ordinances how to be made 32 arbitral tribunal chapter iii miscellaneous33 acts and proceedings not to be invalidated by vacancies, etc 34 sponsored schemes 35 power of institute to grant degrees, etc 36 powers of central government to issue directions 37 institute to be public authority under right to information act, 2005 38 power of central government to make rules 39 transitional provisions 40 statutes and ordinances to be published in the official gazette and to be laid beforeparliament41 power to remove difficulties the national institute of design bill, 2013 a billto declare the institution known as the national institute of design, ahmedabad, to be aninstitution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to design and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fourth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the national institute of design act, 20135short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act2 whereas the objects of the institution known as the national institute of design, ahmedabad, are such as to make it the institution of national importance, it is hereby declared that the national institute of design, ahmedabad is an institution of national importance10declaration of national institute of design, ahmedabad, as an institution of national importance3 in this act, unless the context otherwise requires,—definitions(a) "chairperson" means the chairperson of the governing council nominated under clause (a) of section 11;(b) "governing council" means the governing council of the institute, as constituted under section 11;(c) "dean", in relation to any institute campus, means the dean of such institute campus;5(d) "design" means a rational, logical and sequential innovative process for the purpose of transferring culture to viable products and services and for providing a competitive edge to products and services, and includes industrial design, communication design, textile and apparel design, lifestyle design, experiential design, exhibition design, craft and traditional sector design;(e) "director" means director of the institute, as appointed under section 18;10(f) "fund" means the fund of the institute maintained under section 23; (g) "institute" means the national institute of design, ahmedabad, incorporated under section 4;15(h) "institute campus" means the campus of the institute located at bengaluru in the state of karnataka and gandhinagar in the state of gujarat, or such other campus as may be established by the institute at any place within india or outside india;(i) "notification" means a notification published in the official gazette; (j) "prescribed" means prescribed by rules made under this act; (k) "registrar" means registrar of the institute; (l) "senate" means the senate of the institute;20(m) "society" means the national institute of design, ahmedabad, registered as a society under the societies registration act, 1860;21 of 1860(n) "statutes" and "ordinances" means the statutes and the ordinances of the institute made under this act chapter ii25 the instituteincorporation of the institute4 (1) the national institute of design, ahmedabad, shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued30(2) the body corporate constituting the institute shall consist of a chairperson, a director and other members of the governing council for the time being of the institute(3) the headquarters of the institute shall be in the district of ahmedabad in the state of gujarat(4) the institute may establish an institute campus at such other place within india or outside india, as it may deem fit:35provided that each campus of the national institute of design, ahmedabad, established before the commencement of this act, at bengaluru in the state of karnataka and gandhinagar in the state of gujarat, shall be deemed to be the institute campus5 on and from the date of commencement of this act,—40effect of incorporation of the institute(a) any reference to the society in any law (other than this act) or in any contract or other instrument shall be deemed as a reference to the institute incorporated under this act;(b) all property, movable and immovable of, or belonging to, the society, shall vest in the institute;(c) all the rights and liabilities of the society shall be transferred to, and be, the rights and liabilities of, the institute;(d) any reference to any campus of the institute, established before thecommencement of this act, shall be deemed as a reference to that institute campus;510(e) every person employed by the society, immediately before suchcommencement, shall hold his office or service in the institute including the institute campuses, located at bengaluru in the state of karnataka and at gandhinagar in the state of gujarat, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same, if this act had not been enacted, and shall continue to be so, unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the statutes:15provided that if the alteration so made is not acceptable to such employee, hisemployment may be terminated by the institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the institute of compensation equivalent to three months' remuneration in the case of permanent employee and one month's remuneration in the case of other employee20powers of institute6 subject to the provisions of this act, the institute shall exercise the following powers and perform the following duties, namely:—(a) to provide for instructions, research and training in the areas or disciplinesrelating to design and to nurture and promote quality and excellence thereof in such areas or disciplines;25(b) to develop courses leading to graduate and post-graduate degrees, doctoraland post-doctoral distinctions and research in all areas or disciplines relating to design;(c) to hold examinations and grant degrees, and diplomas and other academicdistinctions or titles in the areas or disciplines relating to design;(d) to confer honorary degrees, awards or other distinctions in the areas ordisciplines relating to design;30(e) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (f) to fix, demand and receive fees and other charges; (g) to establish, maintain and manage halls and hostels for the residence of thestudents;35(h) to supervise and control the residence and regulate the discipline of studentsof the institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;(i) to institute academic and other posts and to make appointments thereto(except in the case of the director);(j) to frame statutes and ordinances and to alter, modify or rescind the same;40(k) to co-operate with educational or other institutions in any part of the worldhaving objects wholly or partly similar to those of the institute by exchange of faculty members and scholars and generally in such manner as may be conducive to their common objective;\| ( \| l \| ) to act as a nucleus for interaction between academia and industry by \|\|--------------------------------------------------------------------------------------------\|-----\|-------------------------------------------------------------------------------------\|\| encouraging exchange of designers and other technical staff between the institute \| \| \|\| and the industry and by undertaking sponsored and funded research as well as \| \| \|\| consultancy projects by the institute; \| \| \|\| 5 \| \| \|\| ( \| m \| ) to establish, equip and maintain workshops or laboratories or studios with \|\| modern machinery and equipments in order to undertake scientific and technological \| \| \|\| research for creating good designs for the production of goods and services and to \| \| \|\| provide funds for such works and for payment to any person or persons engaged in \| \| \|\| service, training and research work whether in such workshop or laboratory or studio; \| \| \|\| 10 \| \| \|\| ( \| n \| ) to acquire any patent or licence relating to such invention, improvement or \|\| design or standardisation marks whether for general or specific purposes; \| \| \|\| ( \| o \| ) to undertake consultancy in the areas or disciplines relating to design; \|\| ( \| p \| ) to deal with any property belonging to, or vested in, the institute, in such \|\| manner as the institute may deem fit for advancing the objects of the institute; \| \| \|\| 15 \| \| \|\| ( \| q \| ) to receive gifts, grants, donations or benefactions from the government and \|\| to receive bequests, donations and transfers of movable or immovable properties from \| \| \|\| testators, donors or transferors, as the case may be; \| \| \|\| ( \| r \| ) to encourage and improve education of persons who are engaged or are likely \|\| to be engaged in the service, training or research activities by grant of loans, \| \| \|\| scholarships or other monetary assistance or otherwise; \| \| \|\| 20 \| \| \|\| ( \| s \| ) to prepare, print, publish, issue, acquire and circulate books, papers, \|\| periodicals, exhibits, films, slides, gadgets, circulars and other literary undertakings, \| \| \|\| dealing with or having a bearing upon the subject of industrial design and allied fields; \| \| \|\| 25 \| \| \|\| ( \| t \| ) to establish, form and maintain museums, libraries and collections of literature \|\| and films, slides, photographs, prototypes and other information relating to design \| \| \|\| and allied subjects; \| \| \|\| ( \| u \| ) to nominate designers, engineers (mechanical or electrical or civil), architects, \|\| craftsmen, technicians or investigators to study in india or outside india in regard to \| \| \|\| the service, training and research in such fields as the institute may think fit; \| \| \|\| 30 \| \| \|\| ( \| v \| ) to retain or employ skilled professional, technical advisers, consultants, \|\| workers or craftsmen in connection with the objects of the institute; \| \| \|\| ( \| w \| ) to encourage artisans, technicians and others with inventive skill to work \|\| out details and specifications of processes, appliances and gadgets by giving awards, \| \| \|\| financial or technical assistance; \| \| \|\| 35 \| \| \|\| ( \| x \| ) to construct buildings and alter, extend, improve, repair, enlarge or modify \|\| and to provide and equip the same with light, water, drainage, furniture, fittings and all \| \| \|\| other accessories; \| \| \|\| ( \| y \| ) ) to borrow and raise moneys, with or without security or on the security of a \|\| mortgage, charge, or hypothecation or pledge of any of the movable or immovable \| \| \|\| properties belonging to the institute or in any other manner; \| \| \|\| 40 \| \| \|\| ( \| z \| ) to do all such things as may be necessary, incidental or conducive to the \|\| attainment of all or any of the objects of the institute \| \| \|(2) notwithstanding anything contained in sub-section (1), the institute shall not dispose of in any manner any immovable property without the prior approval of the visitor45institute be open to all races, creeds and classes7 (1) the institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever(2) no bequest, donation of transfer of any property shall be accepted by the institute, which in the opinion of the governing council involves conditions or obligations opposed to the spirit and objects of the instituteteaching at institute58 all teaching at the institute and the institute campuses shall be conducted by or in the name of the institute in accordance with the statutes and the ordinances made in this behalfvisitor9 (1) the president of india shall be the visitor of the institute(2) the visitor may appoint one or more persons to review the work and progress of the institute or any institute campus and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct10(3) upon receipt of any such report, the visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the institute shall be bound to comply with such directions10 the following shall be the authorities of the institute, namely:––authorities of institute(a) the governing council,15(b) a senate, and (c) such other authorities as may be declared by the statutes to be the authorities of the institute 11 the governing council shall consist of the following members, namely:—governing council20(a) a chairperson, who shall be an eminent academician, scientist or technologistor professional or industrialist, to be nominated by the visitor;(b) the director, ex officio;(c) the financial adviser in the ministry or department of the government ofindia dealing with the national institute of design, ex officio;25(d) the joint secretary, in the ministry or department in the government of indiadealing with the national institute of design, ex officio;(e) one representative of the ministry or department of the government of indianot below the rank of joint secretary dealing with higher education, to be nominated by the secretary of that ministry or department, ex officio;30(f) one representative of the ministry or department of the government of indianot below the rank of joint secretary dealing with information technology to be nominated by the secretary of that ministry or department, ex officio;(g) one representative from the state in which the institute campus is located, tobe nominated by that state government;35(h) five professionals, one each from the fields of architecture, engineering, finearts, mass media and technology, to be nominated by the central government;(i) an outstanding designer, to be nominated by the visitor in consultation withthe central government;( j) a management expert, to be nominated by the chairperson;40(k) a representative of the micro, small and medium enterprises, to be nominatedby the central government;(l) three persons to be nominated by the senate from amongst personsrecommended by companies, firms or individuals who have provided financial assistance or contribution to the institute:provided that the threshold of financial assistance or contribution and other requirements to qualify for such nomination shall be such as may be provided for in the statutes; and(m) dean of each institute campus, ex officio512 (1) the term of office of the chairperson or any other member of the governingcouncil (other than an ex officio member) shall be three years from the date of his nomination(2) save as otherwise provided in this section, the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member10(3) the term of office of a member of the governing council nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominatedterm of office of, vacancies among, and allowances payable to chairperson and other members of governing council(4) notwithstanding anything contained in this section, an outgoing member shall, unless the governing council otherwise directs, continue in office until another person is nominated as a member in his place15(5) the members of the governing council shall be entitled to such allowances, if any, from the institute as may be provided for in the statutes but no member other than the persons referred to in clauses (b) and (m) of section 11 shall be entitled to any salary by reason of this sub-section20meeting of governing council13 the governing council shall meet at least four times in a year at such place andtime and observe such rules of procedure in regard to the transaction of business at its meetings, as may be determined by the governing councilpowers and functions of governing council14 (1) subject to the provisions of this act, the governing council shall be responsiblefor the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers of the institute not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate25(2) without prejudice to the provisions of sub-section (1), the governing council shall––\| ( \| a \| ) take decisions on questions of policy relating to the administration and \|\|---------------------------\|-----\|------------------------------------------------------------------------------\|\| working of the institute; \| \| \|\| 30 \| \| \|\| ( \| b \| ) take decision on the establishment of new institute campus at any place in \|\| india or outside india; \| \| \|\| ( \| c \| ) institute courses of study at the institute; \|\| ( \| d \| ) institute academic and other posts and to make appointments thereto; \|(e) make statutes;35(f) consider and modify or cancel ordinances; (g) consider and pass resolutions on the annual report, the annual accounts andthe budget estimates of the institute including each of the institute campuses for the next financial year, as it thinks fit and submit them to the central government together with a statement of its development plans; and40(h) exercise such other powers and perform such other duties as may be conferredor imposed upon it by this act or the statutes(3) the governing council shall have power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this act(4) the governing council shall have the power to enter into arrangements with the central government, state governments and other public or private organisations or45individuals in india or outside india for securing and accepting endowments, grants, donations or gifts to the institute on mutually agreed terms and conditions:provided that the conditions of such grant, donation or gift, if any, shall not be inconsistent or in conflict with the nature or objects of the institute and the provisions of this act5(5) the governing council shall have the power to take over and acquire by purchase,gift or otherwise from government and other public bodies or private individuals willing to transfer movable and immovable properties, endowments or other funds together with any attendant obligations and engagements not inconsistent with the provisions of this act(6) the governing council may by specific resolution to this effect delegate to the chairperson such of its powers for the conduct of business, as it may deem necessary1015 the senate of the institute shall consist of the following persons, namely:––senate(a) the director, ex officio, who shall be the chairman of the senate;(b) dean of each institute campus, ex officio;(c) senior professors of the institute and of the institute campuses;15(d) three persons, not being employees of the institute, to be nominated by thechairperson in consultation with the director, from amongst educationists of repute,one each from the fields of science, engineering and humanities and at least one of them shall be a woman;20(e) one alumnus of the institute to be nominated by the chairperson inconsultation with the director; and(f) such other members of the staff as may be laid down in the statutesfunctions of senate2516 subject to the provisions of this act, the statutes and the ordinances, the senate of the institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes17 (1) the chairperson shall ordinarily preside at the meetings of the governing council and at the convocations of the institutefunctions, powers and duties of chairperson30(2) it shall be the duty of the chairperson to ensure that the decisions taken by the governing council are implemented(3) the chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutesdirector18 (1) the director of the institute shall be appointed by the central government for a tenure of five years in such manner and on such terms and conditions of service as may be prescribed35(2) the director shall be appointed on the recommendations of the selection committee constituted by the central government(3) the director shall be the principal executive officer of the institute and shall be responsible for—40(a) proper administration of the institute and for imparting of instructions andmaintenance of discipline therein;(b) co-ordination of activities of all the institute campuses;45(c) examining the development plans of the institute and each institute campusand to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; and(d) examining the annual budget estimates of the institute and each institute campus and to recommend to the central government the allocation of funds for that purpose\| ( \| 4 \| ) the director shall exercise such other powers and perform such other duties as \|\|--------------------------------------------------------------\|-----\|------------------------------------------------------------------------------------\|\| may be assigned to him by this act, statutes and ordinances \| 5 \| \|\| ( \| 5 \| ) the director shall submit annual reports and accounts to the governing council \|(6) the central government shall have the power to remove the director before expiry of his tenure, if it considers it appropriate to do sodean1019 (1) the dean of each institute campus shall be appointed on such terms andconditions as may be laid down by the statutes and shall exercise such powers and perform such duties as may be assigned to him by this act or the statutes or by the director(2) without prejudice to the provisions of sub- section (1), the dean of each institute campus shall look after all academic, administrative, research and other activities of the institute campus in consultation with the directorregistrar1520 (1) the registrar of the institute shall be appointed on such terms and conditionsas may be laid down by the statutes and shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the governing council shall commit to his charge20(2) the registrar shall act as the secretary of the governing council, the senate and such committees as may be prescribed by the statutes(3) the registrar shall be responsible to the director for the proper discharge of his functions(4) the registrar shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes or by the director2521 the powers and duties of authorities and officers, other than those hereinbeforementioned, shall be determined by the statutespowers and duties of other authorities and officers grants by central government3022 for the purpose of enabling the institute to discharge its functions efficientlyunder this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fit23 (1) the institute shall maintain a fund to which shall be credited––fund of institute(a) all moneys provided by the central government; (b) all fees and other charges received by the institute; (c) all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and35(d) all moneys received by the institute in any other manner or from any other source (2) all moneys credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide40(3) the fund shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its duties under this act24 notwithstanding anything contained in section 23, the central government may direct the institute to––setting up of endowment fund(a) set up an endowment fund and any other fund for specified purpose; and(b) transfer money from its fund to endowment fund or any other fundaccounts and audit25 (1) the institute shall maintain proper accounts and other relevant records andprepare an annual statement of accounts, including the balance sheet, in such form as may be prescribed, in accordance with such general directions as may be issued by the central government in consultation with the comptroller and auditor- general of india5(2) the accounts of the institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor- general of india10(3) the comptroller and auditor- general of india and any person appointed by him inconnection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india, generally has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the institute15\| ( \| 4 \| ) the accounts of the institute as certified by the comptroller and auditor-general of \|\|----------------------------------------------------------------------------------------------\|---------------------------------------------------------------------------------------\|------------------------------------------------------------------------------------------\|\| india or any other person appointed by him in this behalf, together with the audit report \| \| \|\| thereon shall be forwarded annually to the central government and that government shall \| \| \|\| cause the same to be laid before each house of parliament \| \| \|\| 20 \| \| \|\| pension and \| \| \|\| provident \| \| \|\| fund \| \| \|\| 26 \| ( \| 1 \|\| director, such pension, insurance and provident funds as it may deem fit, in such manner and \| \| \|\| subject to such conditions as may be laid down in the statutes \| \| \|\| 19 of 1925 \| \| \|\| ( \| 2 \| ) where any provident fund has been constituted under sub-section ( \|\| government may declare that the provisions of the provident funds act, 1925 shall apply to \| \| \|\| such fund as if it were a government provident fund \| \| \|\| 25 \| \| \|\| appointment \| \| \|\| of staff \| \| \|\| 27 \| all appointments of the staff of the institute, except that of the director, shall be \| \|\| made in accordance with the procedure laid down in the statutes by–– \| \| \|\| ( \| a \| ) the governing council , if the appointment is made on the academic staff in \|\| the post of senior designer or professor or above or if the appointment is made on the \| \| \|\| non-academic staff in any cadre, the maximum of the pay-scale for which is the same or \| \| \|\| higher than that of senior designer or professor ; and \| \| \|30(b) the director, in any other casestatutes28 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) conferment of honorary degrees;35(b) formation of departments of teaching, establishment of workshops,laboratories and studios;(c) fees to be charged for courses of study in the institute including institutecampus and for admission to the examinations of degrees, diplomas and certificates of the institute;(d) institution of fellowships, scholarships, exhibitions, medals and prizes;40(e) qualifications of teachers of the institute; (f) classification, method of appointment and the determination of the terms andconditions of service of officers, teachers and other staff of the institute;45(g) reservation of posts for the scheduled castes, the scheduled tribes andother backward classes of persons as may be determined by the central government;(h) constitution of pension, insurance and provident funds for the benefit of theofficers, teachers and other staff of the institute;\| ( \| i \| ) constitution, powers and duties of the authorities of the institute and institute \|\|---------------------------------------------------------------------------------------------\|-----\|---------------------------------------------------------------------------------------\|\| campuses; \| \| \|\| ( \| j \| ) establishment and maintenance of halls and hostels; \|\| ( \| k \| ) conditions of residence of students of the institute and the levying of the \|\| fees for residence in the halls and hostels and other charges; \| \| \|\| 5 \| \| \|\| ( \| l \| ) \|\| ( \| m \| ) allowances to be paid to the chairperson and members of the governing \|\| council; \| \| \|\| ( \| n \| ) authentication of the orders and decisions of the governing council; \|\| 10 \| \| \|\| ( \| o \| ) \|\| such meetings and the procedure to be followed in the conduct of their business; \| \| \|\| ( \| p \| ) \|\| statutes \| \| \|\| statutes how \| \| \|\| to be made \| \| \|\| 15 \| \| \|\| 29 \| ( \| 1 \|\| the previous approval of the visitor and a copy of the same shall be laid as soon as may be \| \| \|\| before each house of parliament \| \| \|(2) the governing council may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereinafter in this section provided20(3) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may assent thereto or withhold assent therefrom or remit it to the governing council for reconsideration(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitorordinances30 subject to the provisions of this act and the statutes, the ordinances of theinstitute may provide for all or any of the following matters, namely:––25(a) admission of the students to the institute including institute campus; (b) reservation in admission to various courses or programmes of the institutefor the scheduled castes, the scheduled tribes and other backward classes;(c) courses of study to be laid down for all degrees, diplomas and certificates ofthe institute;30(d) conditions under which students shall be admitted to the degree, diplomaand certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates;(e) conditions for award of fellowships, scholarships, exhibitions, medals andprizes;35(f) conditions and mode of appointment and duties of examining body, examinersand moderators;(g) conduct of examinations; (h) maintenance of discipline among the students of the institute; and40(i) any other matter which by this act or the statutes is to be or may be provided for by the ordinances31 (1) save as otherwise provided in this section, ordinances shall be made by the senateordinances how to be made(2) all ordinances made by the senate shall have effect from such date as it may direct, but every ordinance so made shall be submitted, as soon as may be, to the governing council and shall be considered by the governing council at its next meeting5(3) the governing council shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may bearbitral tribunal1032 (1) any dispute arising out of a contract between the institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to an arbitral tribunal consisting of one member appointed by the institute, one member nominated by the employee and an umpire appointed by the visitor(2) the decision of the arbitral tribunal shall be final and shall not be questioned in any court15(3) no suit or proceeding shall lie in any court in respect of any matter which isrequired by sub-section (1) to be referred to the arbitral tribunal(4) the arbitral tribunal shall have power to regulate its own procedure (5) nothing in any law for the time being in force relating to arbitration shall apply to arbitration under this section20 chapter iii miscellaneous33 no act of the institute or governing council or senate or any other authority set up under this act or the statutes, shall be invalid merely by reason of —\| ( \|\|----------------\|\| acts and \|\| proceedings \|\| not to be \|\| invalidated by \|\| vacancies, \|\| etc \|25(b) any defect in the election, nomination or appointment of a person acting as amember thereof; or(c) any irregularity in its procedure not affecting the merits of the casesponsored schemes3034 notwithstanding anything contained in this act, whenever the institute receives funds from any government, the university grants commission or any other agency including industry sponsoring a research scheme or a consultancy assignment or a teaching programme or a chaired professorship or a scholarship, etc, to be executed or endowed at the institute,—(a) the amount received shall be kept by the institute separately from the fundof the institute and utilised only for that purpose; and(b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisations:35provided that any money remaining unutilised shall be transferred to the endowment fund set up under section 24 of this act40power of institute to grant degrees, etc35 the institute shall have the power to grant degrees, diplomas, certificates and other academic distinctions under this act, which shall be equivalent to such corresponding degrees, diplomas, certificates and other academic distinctions granted by any university or institute established or incorporated under any other law for the time being in force36 the central government may give such directions as it may deem necessary to the institute for effective administration of this act and the institute shall comply with such directionspowers of central government to issue directions37 the provisions of the right to information act, 2005 shall apply to the institute, as if it were a public authority as defined in clause (h) of section 2 of the right to information act, 200522 of 2005institute to be public authority under right to information act, 2005538 (1) the central government may, by notification, make rules to carry out the purposes of this actpower of central government to 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:—\| ( \| a \| ) the manner of appointment of the director and terms and conditions of his \|\|-----------------------------------\|-----\|--------------------------------------------------------------------------------\|\| service under sub-section ( \| 1 \| ) of section 18; \|\| 10 \| \| \|\| ( \| b \| ) the form and the manner in which the books of account of the institute shall \|\| be maintained under sub-section ( \| 1 \| ) of section 25; \|\| ( \| c \| ) any other matter which is required to be, or may be, prescribed \|\| 15 \| \| \|\| 20 \| \| \|(3) every rule made 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 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 rule39 notwithstanding anything contained in this act––transitional provisions25(a) the governing council of the institute functioning as such, immediately before the commencement of this act, shall continue to so function until a new governing council is constituted for the institute under this act, but on the constitution of a new governing council under this act, the members of the governing council holding office before such constitution shall cease to hold office;30(b) the policy and planning committee of the society, functioning as such before the commencement of this act, shall be deemed to be the senate constituted under this act and continue to so function until a new senate is constituted for the institute under this act;35(c) until the first statutes and ordinances are made under this act, the rules andregulations, instructions, guidelines and bye-laws of the society, in force immediately before the commencement of this act, shall continue to apply to the institute and institute campuses located at bengaluru or gandhinagar, as the case may be, in so faras they are not inconsistent with the provisions of this act40 (1) every statute or ordinance made under this act shall be published in the official gazette40statutes and ordinances to be published in the official gazette and to be laid before parliament45(2) every statute or ordinance 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 statute or ordinance or both houses agree that the statute or ordinance should not be made, the statute or ordinance 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 statute or ordinance(3) the power to make statutes or ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act to statutes or ordinances or any of them but no retrospective effect shall be given to any statute or ordinance so as to prejudicially affect the interests of any person to whom such statutes or ordinances may be applicable5power to remove difficulties41 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions or give such directions not inconsistent with the purposes of this act, as appears to it to be necessary or expedient for removing the difficulty:10provided that no such order shall be made after the expiry of two years from theappointed 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 statement of objects and reasonsthe national institute of design (nid), ahmedabad was set up in the country in the year 1961 as a society registered under the societies registration act, 1860 and also under the bombay public trusts act, 1950, by the government of india in the ministry of industry (now known as the ministry of commerce and industry), as an autonomous institution nid is an educational and training institution which conducts graduate and post-graduate programmes in the area of design education2 realising the strategic importance of design for national and industrial competitiveness of both manufacturing and service industries, nid is already striving for excellence in the field of design education in the country nid products, comprising its students and alumni, form the spearhead of the design initiative in india despite this, the potential of indian design has not been fully exploited and there is an immense scope for future growth which may be achieved by establishing an institution of national importance for imparting design education with international benchmarking which can award degrees, function as an apex body to train teachers and trainers imparting design education in the country and provide the interface between academia and the industry in order to achieve the desired objectives, it is expedient to enact a law declaring nid as an institution of national importance in the interest of public at large3 the national institute of design bill, 2013, inter alia, provides for declaration of national institute of design, ahmedabad, as an institution of national importance and make it a body corporate to nurture and promote quality and excellence in design education; to conduct research and training in all disciplines related to design; to confer honorary degrees, diplomas, certificates, awards and other academic distinctions or titles in disciplines relating to design and to act as a nucleus for interaction between academia and industry by encouraging exchange of designers and other technical staff between the institute and the industry and by undertaking sponsored and funded research as well as consultancy projects4 the bill seeks to achieve the above objectsanand sharmanew delhi;the 21st february, 2013 notes on clausesclause 1—this clause relates to the short title and commencement of the proposed legislationclause 2—this clause relates to the declaration of the national institute of design, ahmedabad as an institution of national importanceclause 3—this clause defines certain expressions used in the proposed legislationthese definitions, inter alia, include "governing council", "design", "institute", "registrar"clause 4—this clause relates to incorporation of the national institute of design, ahmedabad as a body corporate, consisting of a chairperson, a director and other members of the governing council the headquarters of the institute shall be at ahmedabad and the institute may establish an institute campus at such other place within india or outside indiaclause 5—this clause relates to the effect of incorporation of the institute that all property, movable and immovable of, or belonging to the society and that every person employed by the society, immediately before such commencement, shall hold his office or service in the institute including the institute campuses, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privilegesclause 6—this clause relates to the powers and duties of the institute which includes, inter alia, to provide for instructions, research and training in the areas or disciplines relating to design; to develop courses leading to graduate and post-graduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to design and to frame statutes and ordinances and to alter, modify or rescind the sameclause 7 - this clause provides that the institute shall be open to all races, creeds, and classesclause 8—this clause provides that all teaching at the institute and the institute campuses shall be conducted by or in the name of the institute in accordance with the statutes and ordinancesclause 9—this clause provides that the president shall be the visitor of the institute who shall in that capacity appoint one or more persons to review the work and progress of the institute or any institute campusclause 10—this clause relates to authorities of the institute which includes the governing council, a senate and such other authorities as may be declared by the statutesclause 11—this clause relates to the composition of the governing council consisting of a chairperson, the director, dean and other membersclause 12—this clause provides the term of office of the chairperson and other members of the governing council other than ex-officio members and filling of their vacancies and allowances payable to themclause 13—this clause provides that the governing council shall meet at least four times in a year at such place and time and observe such rules of procedure in regard to the transaction of business at its meetings, as may be determined by the governing councilclause 14—this clause relates to powers and functions of the governing council, which shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall have the power to review the acts of the senateclause 15—this clause provides the composition of the senate consisting of the director, dean of each institute campus, senior professors of the institute, three persons and one alumnus of the institute nominated by the chairperson in consultation with the director and such other members of the staff as laid down in the statutesclause 16—this clause relates to the functions of the senateclause 17—this clause relates to functions, powers and duties of the chairperson, as assigned to him by the proposed legislation or the statutesclause 18—this clause provides the terms and conditions of service of the director of the institute who shall be appointed by the central government for a tenure of five years on the recommendations of the selection committee constituted by the central governmentclause 19— this clause relates to the appointment, power and duties assigned to the dean of the institute by the proposed legislation or the statutes or by the director which provides that the dean of each institute campus shall look after all academic, administrative, research and other activities of the institute campus in consultation with the directorclause 20— this clause relates to the appointment, powers and duties of the registrar of the institute on such terms and conditions laid down by the statutes and he shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the governing council shall commit to his chargeclause 21— this clause relates to the powers and duties of other authorities and officers of the institute to be determined by the statutesclause 22—this clause relates to the grants by the central government to the institute in each financial yearclause 23—this clause provides for the maintenance of a fund by the institute which shall be applied towards meeting the expenses of the instituteclause 24— this clause provides for the setting up of an endowment fund and any other fund for specified purposeclause 25— this clause provides for the maintenance of proper accounts and other relevant records, an annual statement of accounts including the balance-sheet in accordance with general directions issued by the central government in consultation with the comptroller and auditor-general of india and the same shall be audited by the comptroller and auditor- general of indiaclause 26— this clause provides for the constitution of pension, insurance and provident funds for the benefit of the employees including the director of the instituteclause 27— this clause provides for the appointment of the staff of the institute in accordance with the procedure laid down in the statutes by the governing councilclause 28— this clause provides for framing of the statutes with respect to conferment of honorary degrees; the formation of departments of teaching, establishment of workshops, laboratories and studios; fees for courses of study; institution of fellowships, scholarships, exhibitions, medals and prizes; qualifications of teachers of the institute; the allowances to be paid to the chairperson and members of the governing council, etcclause 29— this clause provides for the procedure regarding framing of the first statutes of the institute and making of new or additional statutes as well as their amendment and repealclause 30— this clause provides for ordinances to be made relating to the admission of the students to the institute; reservation in admission to various courses or programmes of the institute for the scheduled castes, the scheduled tribes and other backward classes; courses of study to be laid down for all degrees, diplomas and certificates of the institute, etcclause 31— this clause provides for the procedure of making ordinances by the senateclause 32— this clause provides for an arbitral tribunal for settlement of disputes between the institute and its employeesclause 33— this clause provides that acts and proceedings of the institute or governing council or senate or any other authority shall not be invalidated by any vacancy, etcclause 34— this clause relates to various sponsored schemes of the institute and its utilisationclause 35— this clause relates to power of institute to grant degrees, diplomas, certificates and other academic distinctionsclause 36— this clause provides for powers of central government to issue directions for effective administration of the proposed legislationclause 37—this clause provides the applicability of the provisions of the right to information act, 2005 to the institute, as if it were a public authority defined in the said actclause 38— this clause confers power upon the central government to make rules in respect of the matters specified in the proposed legislationclause 39— this clause provides for the continuation of the existing governing council till the constitution of a new council under the provisions of the proposed legislationclause 40— this clause provides for the publication of every statute or ordinance in the official gazette and also for its laying before parliamentit further provides that the power to make statutes or ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of the proposed legislationclause 41—this clause relates to the power to remove difficulties financial memorandumclause 4 of the bill provides for establishment of the national institute of design(nid), ahmedabad as a body corporate2 sub-clause (y) of clause 6 of the bill provides for borrowing or raising monies, with or without security or on the security of a mortgage, charge, or hypothecation or pledge of any of the movable or immovable properties belonging to the institute or in any other manner3 sub-clause (4) of clause 14 of the bill empowers the governing council of the institute to enter into arrangements with the central government, state governments and other public or private organisations or individuals in india or outside india for securing and accepting endowments, grants, donations or gifts to the institute on mutually agreed terms and conditions which shall not be inconsistent or in conflict with the nature or objects of the institute and the provisions of the act4 clause 22 of the bill provides that the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fit5 the following budget provisions have been made for the institute during the last five years ie 2007-2012:—(rs in lakhs)particulars2007-082008-092009-102010-112011-12grant-in-aid plan recurring9301070145014951510plan non-recurring865626135021752105non-plan24114179100100total189118102979377037156 clause 23 of the bill provides that the institute shall maintain a fund to credit all monies provided by the central government; all fees and other charges received by the institute, all monies received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers and all monies received by the institute in any other manner or from any other source all monies credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide7 clause 24 of the bill provides for setting up of an endowment fund and any other fund for specified purpose and transfer money from its fund to the endowment fund or any other fund8 clause 25 of the bill provides for maintenance of proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed by the central government in consultation with the comptroller and auditor general of india the comptroller and auditor general of india shall be empowered to audit the accounts of the institute9 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationsub-clause (1) of clause 29 of the bill empowers the governing council, to frame, with the previous approval of the visitor, the first statutes of the institute sub-clause (2) of the said clause provides that the governing council may, from time to time, make new or additional statutes or amend or repeal such statutes sub-clause (3) of the said clause provides that every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may assent thereto or withhold such assent or remit it to the governing council for reconsideration sub-clause (4) of the said clause provides that a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor2 clause 30 of the bill enumerates the matters in respect of which ordinances of the institute may be made the ordinances are subject to the provisions of the proposed legislation and the statutes the matters in respect of which ordinances may be made, inter alia, include the admission of the students to the institute including institute campus;reservation in admission to various courses or programmes of the institute for the scheduled castes, the scheduled tribes and other backward classes; courses of study to be laid down for all degrees, diplomas and certificates of the institute; conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates; conditions for award of fellowships, scholarships, exhibitions, medals and prizes; conditions and mode of appointment and duties of examining body, examiners and moderators; conduct of examinations; the maintenance of discipline among the students of the institute and any other matter which by this act or the statutes is to be or may be provided for by the ordinances3 clause 31 of the bill lays down the procedure of the senate to make ordinances 4 clause 38 of the bill empowers the central government to make rules in respect of matters relating to the appointment of the director and terms and conditions of his service under sub-section (1) of section 18; the form and manner in which the books of account of the institute shall be maintained under sub-section (1) of section 25 and any other matter which is required to be, or as may be, prescribed5 the matters in respect of which the notification, the statutes, or the ordinances may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto declare the institution known as the national institute of design, ahmedabad, to be an institution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to design and for matters connected therewith or incidental thereto————	Parliament_bills	c3a0e0da-20cd-5be2-af1c-67bf937d1255

statement of objects and reasonsthe malpractices in the conduct of lotteries and its impact on the poorer sections of the society had been under scrutiny of the government for quite some time the continued prevalence of the popularity known single digit and instant lotteries and the temptation offered by them had proved to be the undoing of many families inspite of the guidelines issued by the central government from time to time as also the guidelines issued by the supreme court of india in the matter, the evil could not be totally eliminated and it was felt that a central legislation to regulate the conduct of lotteries was necessary to protect the interest of the gullible poor to tackle this evil, the lotteries (regulation) act, 1998 was enacted by parliament this act, besides imposing stipulations for conduct of lotteries in the country, banned single digit and pre-announced number lotteries 2 the lotteries (regulation) bill, 1998 was referred to the department related parliamentary committee on home affairs the said committee, after considering the matter in all its aspects, had strongly recommended to the government to come forward with a comprehensive bill, at the earliest, in consultation with all the state governments and the union territory administrations, imposing a complete ban on the lottery trade in the country the matter was debated at length in parliament when the said bill was taken up for consideration during the debate there was an overwhelming view in both houses of parliament in favour of banning the lotteries 3 the matter was also placed before the conference-of chief ministers held on the 27th november, 1998 in new delhi the general consensus in the conference was that lotteries should be statutorily banned 4, under the constitutional frame-work, parliament has legislative competence with regard to lotteries falling under entry 40 of list i (union list) of the seventh schedule to the constitution other types of lotteries fall under entry 34 of list ii (state list) of said schedule which is within the legislative competence of the state legislatures the bill, therefore, proposes to prohibit the central government, state government and any organisation controlled by such government from conducting, organising or promoting any lottery it also seeks to repeal the lotteries (regulation) act, 1998 5 the bill seeks to achieve the aforesaid objective lk advani new delhi, the 21st december, 1999

Parliament_bills

c248e0ed-60b8-5848-8b91-cae76f4651ca

bill no 1 of 2015 the constitution (amendment) bill, 2015 byshri baijayant panda, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2015short title2 in article 148 of the constitution, in clause (1), the following proviso shall be inserted, namely :—amendment of article(a) the prime minister- chairperson;(b) the speaker of the house of the people- member;(c) the leader of opposition in the house of the - member;people(d) the leader of opposition in the council of- member;states5(e) the incumbent comptroller and auditor-- membergeneral of india10provided further that the committee shall recommend the name of the person to be appointed under this article by a majority of votes of all the members of the committee" statement of objects and reasonsthe office of the comptroller and auditor-general of india (cag), first constituted in1850, is one of the oldest institutions in the country the basic role of the institution remains the same today, as when first constituted, ie, to undertake audit of expenditure of public moneyin the recent past, cag reports have been credited with highlighting grave discrepancies in expenditure of public money and policies in particular, the reports on the xixth commonwealth games and the reports on the allocation of 2g spectrum and coal blocks gained a lot of traction among the people this led to demands for strict action against erring officials, politicians and businessmenthe cag acts as the custodian of the public purse and provides parliament with information to ensure accountability and scrutiny of the government the cag can do justice to this role only if he is competent and also independent in order to be truly independent, the cag must be free from both the control of the government and also from political biasunder the present scheme prescribed under the constitution, the president while acting on the advice of the council of ministers appoints the cag for a fixed term of six years therefore, it is the prerogative of the government to select a suitable cag this has raised the concern about a 'compromised' appointment process the cag is a watchdog that assists parliament in keeping the government in check therefore, any government which is at the receiving end of the cag's riveting scrutiny is likely to appoint an ineffective, pliant and biased person as cagin order to ensure that the competence and the independence of the cag does not depend on the righteousness of the government in power, it is important to amend the constitution to prescribe an appointment procedure that safeguards this important constitutional office from undue interference accordingly, this bill proposes that the cag should be appointed on the recommendation of a committee consisting of:(a) the prime minister; (b) the speaker of the lok sabha; (c) the leader of opposition in the lok sabha; (d) the leader of opposition in the rajya sabha; and (e) the incumbent comptroller and auditor-general of indiathe committee has been mandated to take a decision by simple majority the architect of our constitution, dr br ambedkar believed that the cag is "probably the most important officer under the constitution of india" if this functionary is to carry out the duties of his office effectively, without fear or favour, we must ensure his independencehence this bill annexure extract from the constitution of india chapter v—comptroller and auditor-general of india148 (1) there shall be a comptroller and auditor-general of india who shall be appointed by the president by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as the judge of the supreme courtcomptroller and auditor- general of india lok sabha———— a billfurther to amend the constitution of india————(shri baijayant panda, mp)gmgipmrnd—4152ls(s3)—04-02-2015

Parliament_bills

f72884b1-65a4-5569-9b16-2f4fadb8d646

bill no 62 of 2011 the code of criminal procedure (amendment) bill, 2011 byshri manish tewari, mp a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the code of criminal procedure (amendment) act, 2011short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 of 19742 in section 126 of the code of criminal procedure, 1973, in sub-section (1), after clause (c), the following sub-clauses shall be inserted, namely:—amendment of section 12610"(d) where his parent or parents reside together, in case of such proceedings being taken against such person by either parent of such person or both parents, as the case may be; or(e) where his child or all his children reside, in case of such proceedings being taken against such person by any of his children or all of his children, as the case may be" statement of objects and reasonssub-section (1) of section 126 of the code of criminal procedure, 1973 (hereinafter referred to as 'the code') reads as under:—'proceedings under section 125 of the code may be taken against any person in any district—(a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child'thus, a wife seeking an allowance for maintenance or interim maintenance and expenses of proceedings under section 125 of the code may make an application for the same in the district (a) where the husband is, or (b) where he resides, or (c) where the wife resides, or (d) where he last resided with the wife, ie, the applicanthowever, a parent, under sub-section (1) of section 126 of the code, may file an application in the district (a) where the son is, or (b) where he resides, or (c) where the wife of his son resides, or (d) where the son last resided with his wife there is an ambiguity left open due to certain lacunae in section 126 of the code as a matter of fact, whereas the wife has been given the privilege to file an application under section 125 of the code where she resides, but the parents have not been given the facility of filing an application in the district where they residesimilarly, an application, on behalf of the child, may be filed in the district (a) where the father is, or (b) where the father or mother reside, or (c) where the father has last resided with the mother of the child but the child too has not been given the facility of an application being filed in the district where the child residesthere seems to be no logic to prevent the extension of the facility of filing an application under section 125 of the code in the district where such parents or children reside therefore, it is proposed to amend the code suitably by inserting new clauses (d) and (e) in sub-section (1) of section 126 of the code with a view to extend to parents and children the facility of filing an application under section 125 of the code for maintenance in the district they residethe bill seeks to achieve the above objectsnew delhi;manish tewarijuly 22, 2011 annexureextract from the code of criminal procedure, 1973 126 (1) proceedings under section 125 may be taken against any person in any district—procedure(a) (b) (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child lok sabha————— a billfurther to amend the code of criminal procedure, 1973—————(shri manish tewari, mp)

Parliament_bills

9f04fad1-623b-5e1f-9dcb-0511b515d7ff

bill no 76 of 2008 the unlawful activities (prevention) amendment bill, 2008 a billfurther to amend the unlawful activities (prevention) act, 1967be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—short title1 this act may be called the unlawful activities (prevention) amendment act, 200837 of 1967insertion of preamble2 in the unlawful activities (prevention) act, 1967 (hereinafter referred to as the principal act), after long title, and before the enacting formula, the following preamble shall be inserted, namely:-"whereas the security council of the united nations in its 4385th meeting adopted resolution 1373 (2001) on 28th september, 2001, under chapter vii of the charter of the united nations requiring all the states to take measures to combat international terrorism;and whereas resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455(2003), 1526 (2004), 1566 (2004), 1617 (2005), 1735 (2006) and 1822 (2008) of the security council of the united nations require the states to take action against certain terrorists and terrorist organisations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the schedule;43 of 1947and whereas the central government, in exercise of the powers conferred by section 2 of the united nations (security council) act, 1947 has made the prevention and suppression of terrorism (implementation of security council resolutions) order, 2007;and whereas it is considered necessary to give effect to the said resolutions and the order and to make special provisions for the prevention of, and for coping with, terrorist activities and for matters connected therewith or incidental thereto" 3 in section 2 of the principal act,—amendment of section 2(i) in clause (d), the words "and includes a special court constituted under section 11 or under section 21 of the national investigation agency act, 2008;" shall be inserted at the end;(ii) after clause (e), the following clause shall be inserted, namely:-'(ea) "order" means the prevention and suppression of terrorism(implementation of security council resolutions) order, 2007, as may be amended from time to time;'; (iii) in clause (g), after the words "for the purpose of a terrorist organisation", the words "or terrorist gang" shall be inserted at the end;(iv) for clause (h), the following clauses shall be substituted, namely:—'(h) "property" means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and legal documents deeds and instruments in any form including electronic or digital, evidencing title to, or interest in, such property or assets by means of bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit, cash and bank account including fund, however acquired;(ha) "schedule" means the schedule to this act;'4 for section 15 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 15terrorist act"15 whoever does any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of india or with intent to strike terror or likely to strike terror in the people or any section of the people in india or in any foreign country,-(a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause—(i) death of, or injuries to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in india or in any foreign country; or(iv) damage or destruction of any property in india or in a foreign country used or intended to be used for the defence of india or in connection with any other purposes of the government of india, any state government or any of their agencies; or (b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or(c) detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the government of india, any state government or the government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist actexplanation– for the purpose of this section, public functionary means the constitutional authorities and any other functionary notified in the official gazette by the central government as public functionary"insertion of new section 16a5 after section 16 of the principal act, the following section shall be inserted, namely:—punishment for making demands of radioactive substances, nuclear devices, etc"16a whoever intentionally, by use of force or threat of use of force or by any other means, demands any bomb, dynamite or other explosive substance or inflammable substances or fire arms or other lethal weapons or poisonous or noxious or other chemicals or any biological, radiological, nuclear material or device, with the intention of aiding, abetting or committing a terrorist act, shall be punishable with imprisonment for a term which may extend to ten years, and shall also be liable to fine" 6 for section 17 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 17punishment for raising fund for terrorist act"17 whoever, in india or in a foreign country, directly or indirectly, raises or collects funds or provides funds to any person or persons or attempts to provide funds to any person or persons, knowing that such funds are likely to be used by such person or persons to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine"amendment of section 187 in section 18 of the principal act, for the words "incites or knowingly facilitates", the words "incites, directs or knowingly facilitates" shall be substituted8 after section 18 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 18a and 18bpunishment for organizing of terrorist camps"18a whoever organizes or causes to be organized any camp or camps for imparting training in terrorism shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine18b whoever recruits or causes to be recruited any person or persons for commission of a terrorist act shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine"punishment for recruiting of any person or persons for terrorist act9 in section 23 of the principal act, —amendment of section 23(a) in sub-section (1), for the words "if any person with intent to aid any terrorist contravenes", the words "if any person with intent to aid any terrorist or a terrorist organization or a terrorist gang contravenes" shall be substituted(b) in sub-section (2), for the words "any person who, with the intent to aid any terrorist", the words "any person who with the intent to aid any terrorist, or a terrorist organization or a terrorist gang" shall be substituteda m e n d m e n t of section 2410 in section 24 of the principal act, in sub-section (2), after the words "proceeds of terrorism whether held by a terrorist", the words "terrorist organization or terrorist gang" shall be insertedamendment of section 2511 in section 25 of the principal act, in sub-section (5), in the explanation, after clause (c), the following clause shall be inserted, namely:—"(ca) credit or debit cards or cards that serve a similar purpose;";12 after section 43 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 43a to 43f power to arrest, search, etc"43a any officer of the designated authority empowered in this behalf, by general or special order of the central government or the state government, as the case may be, knowing of a design to commit any offence under this act or has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this act or from any document, article or any other thing which may furnish evidence of the commission of such offence or from any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under this chapter is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him to arrest such a person or search such building, conveyance or place whether by day or by night or himself arrest such a person or search a such building, conveyance or place 43b (1) any officer arresting a person under section 43a shall, as soon as may be, inform him of the grounds for such arrestprocedure of arrest, seizure, etc(2) every person arrested and article seized under section 43a shall be forwarded without unnecessary delay to the officer in charge of the nearest police station(3) the authority or officer to whom any person or article is forwarded under sub-section (2) shall, with all convenient dispatch, take such measures as may be necessary in accordance with the provisions of the codeapplication of provisions of code43c the provisions of the code of criminal procedure, 1973 shall apply, insofar as they are not inconsistent with the provisions of this act, to all arrests, searches and seizures made under this act43d(1) notwithstanding anything contained in the code or any other law, every offence punishable under this act shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the code, and "cognizable case" as defined in that clause shall be construed accordinglymodified application of certain provisions of the code(2) section 167 of the code shall apply in relation to a case involving an offence punishable under this act subject to the modification that in sub-section (2),—(a) the references to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "thirty days", "ninety days" and "ninety days" respectively; and(b) after the proviso, the following provisos shall be inserted, namely:—"provided further that if it is not possible to complete the investigation within the said period of ninety days, the court may if it is satisfied with the report of the public prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days, extend the said period up to one hundred and eighty days:provided also that if the police officer making the investigation under this act, requests, for the purposes of investigation, for police custody from judicial custody of any person in judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain the delay, if any, for requesting such police custody"(3) section 268 of the code shall apply in relation to a case involving an offence punishable under this act subject to the modification that—(a) the reference in sub-section (1) thereof—(i) to "the state government" shall be construed as a reference to"the central government or the state government",(ii) to "order of the state government" shall be construed as a reference to "order of the central government or the state government, as the case may be"; and (b) the reference in sub-section (2) thereof, to "the state government"shall be construed as a reference to "the central government or the state government, as the case may be" (5) nothing in section 438 of the code shall apply in relation to any case involving the arrest of any person accused of having committed an offence punishable under this act(6) notwithstanding anything contained in the code, no person accused of an offence punishable under this act shall, if in custody, be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the application for such release:provided that such accused person shall not be released on bail or on his own bond if the court, on a perusal of the case diary or the report made under section 173 of the code is of the opinion that there are reasonable grounds for believing that the accusation against the person is prima facie true(7) the restrictions on granting of bail specified in sub-section (6) is in addition to the restrictions under the code or any other law for the time being in force on granting of bail(8) notwithstanding anything contained in sub-sections (6) and (7), no bail shall be granted to a person accused of an offence punishable under this act, if he is not an indian citizen and has entered the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be recorded in writing43e in a prosecution for an offence under section 15, if it is proved —presumption as to offences under section 15(a) that the arms or explosives or any other substances specified in the said section were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other substances of a similar nature were used in the commission of such offence; or(b) that by the evidence of the expert the finger-prints of the accused or any other definitive evidence suggesting the involvement of the accused in the offence were found at the site of the offence or on anything including arms and vehicles used in connection with the commission of such offence, the court shall presume, unless the contrary is shown, that the accused has committed such offenceobligation to furnish information43f (1) notwithstanding anything contained in any other law, the officer investigating any offence under this act, with the prior approval in writing of an officer not below the rank of a superintendent of police, may require any officer or authority of the central government or a state government or a local authority or a bank, or a company, or a firm or any other institution, establishment, organisation or any individual to furnish information in his or their possession in relation to such offence, on points or matters, where the investigating officer has reason to believe that such information will be useful for, or relevant to, the purposes of this act(2) the failure to furnish the information called for under sub-section (1), or deliberately furnishing false information shall be punishable with imprisonment for a term which may extend to three years or with fine or with both(3) notwithstanding anything contained in the code, an offence under subsection (2) shall be tried as a summary case and the procedure prescribed in chapter xxi of the said code [except sub-section (2) of section 262] shall be applicable thereto"amendment of section 4513 section 45 of the principal act shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:—"(2) sanction for prosecution under sub-section (1) shall be given only after considering the report of such authority appointed by the central government or, as the case may be, the state government which shall make an independent review of the evidence gathered in the course of investigation and make a recommendation to the central government or, as the case may be, the state government"insertion of new section 51a14 after section 51 of the principal act, the following section shall be inserted, namely:—"51a for the prevention of, and for coping with terrorist activities, the central government shall have power to—certain powers of the central government(a) freeze, seize or attach funds and other financial assets or economic resources held by, on behalf of or at the direction of the individuals or entities listed in the schedule to the order, or any other person engaged in or suspected to be engaged in terrorism;(b) prohibit any individual or entity from making any funds, financial assets or economic resources or related services available for the benefit of the individuals or entities listed in the schedule to the order or any other person engaged in or suspected to be engaged in terrorism;(c) prevent the entry into or the transit through india of individuals listed in the schedule to the order or any other person engaged in or suspected to be engaged in terrorism"amendment of section 5315 section 53 of the principal act shall be renumbered as sub-section (1) thereof and after sub-section as so renumbered the following sub-section shall be inserted :—"(2) the order referred to in entry 33 of the schedule and every amendment made to that order 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 30 days which may be comprised in one session or in two or more successive sessions"amendment of schedule16 in the schedule to the principal act after entry 32, the following entry shall be inserted, namely:—43 of 1947 "33 organisations listed in the schedule to the un prevention and suppression of terrorism (implementation of security council resolutions) order, 2007 made under section 2 of the united nations (security council) act, 1947 and amended from time to time" statement of objects and reasonsin view of the concerns and complaints expressed about the manner in which provisions of the prevention of terrorism act, 2002 had been applied including instances of misuse, the act was repealed in 2004 at the same time, keeping in view that india has been a front-runner in the global fight against terrorism, its commitments in terms of the united nations security council resolution 1373 dated 28th september,2001 and the resolve not to allow any compromise in the fight against terrorism, the unlawful activities (prevention) act, 1967 was amended to make provisions to deal with terrorism and terrorist activitiesthere have been significant developments since then at the national and the international level terrorist incidents and activities sponsored from across the borders, in various parts of india and elsewhere, continue to cause concern hence, the legal framework for dealing with such activities, including measures related to financing of terrorism, has been further reviewed the administrative reforms commission in its report 'combatting terrorism - protecting by righteousness', has also made various recommendations in this regard suggestions in this respect have also been received from various other sourcesafter due consideration and examination of these recommendations and suggestions, the government is of the view that further provisions are required to be made in the law to cover various facets of terrorism and terrorist activities, including financing of terrorism, which are not fully covered in the present law, and to make further provisions with the aim of strengthening the arrangements for speedy investigation, prosecution and trial of cases related to terrorism related offences, while at the same time ensuring against any possible misuse of such provisionsthese provisions are proposed to be incorporated in the unlawful activities(prevention) amendment bill, 2008the bill seeks to achieve the above objectivesnew delhi;p chidambaramthe 15th december, 2008 annexure extracts from the unlawful activities (prevention) act, 1967 (37 of 1967)| | | | | ||------|------|------|------|-----|definitions2 (1) in this act, unless the context otherwise requires,—| | | | | ||------|------|------|------|-----|(d) "court" means a criminal court having jurisdiction, under the code, to try offences under this act; (g) "proceeds of terrorism" means all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found, and includes any property which is being used, or is intended to be used, for the purpose of a terrorist organisation;(h) "property" means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, and includes cash and bank account; chapter iv punishment for terrorist activitiesterrorist act15 whoever, with intent to threaten the unity, integrity, security or sovereignty of india or to strike terror in the people or any section of the people in india or in any foreign country, does any act by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community in india or in any foreign country or causes damage or destruction of any property or equipment used or intended to be used for the defence of india or in connection with any other purposes of the government of india, any state government or any of their agenices, or detains any person and threatens to kill or injure such person in order to compel the government in india or the government of a foreign country or any other person to do or abstain from doing any act, commits a terrorist act| | ||----------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|| punishment for | || raising fund for | || terrorist act | || 17 | whoever raises fund for the purpose of committing a terrorist act shall be punishable || with imprisonment for a term which shall not be less than five years but which may extend to | || imprisonment for life, and shall also be liable to fine | || punishment for | || conspiracy, etc | || 18 | whoever conspire or attempts to commit, or advocates, abets, advises or incites or || knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission | || of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than | || five years but which may extend to imprisonment for life, and shall also be liable to fine | | 23 (1) if any person with intent to aid any terrorist contravenes any provision of, or any rule made under the explosives act, 1884 or the explosive substances act, 1908 or the inflammable substances act, 1952 or the arms act, 1959, or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substanceenhanced penalties4 of 1884 6 of 1908 20 of 1952 54 of 1959capable of mass destruction or biological or chemical substance of warfare, he shall, notwithstanding anything contained in any of the aforesaid acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine(2) any person who, with intent to aid any terrorist, attempts to contravene or abets, or does any act preparatory to contravention of any provision of any law or rule specified in sub-section (1), shall be deemed to have contravened that provision under sub-section (1)and the provisions of that sub-section in relation to such person, have effect subject to the modification that the reference to "imprisonment for life" therein shall be construed as a reference to "imprisonment for ten years" chapter v forfeiture of proceeds of terrorism24 (1) forfeiture of proceeds of terrorism(2) proceeds of terrorism, whether held by a terrorist or by any other person and whether or not such terrorist or other person is prosecuted or convicted for any offence under chapter iv or chapter vi, shall be liable to be forfeited to the central government or the state government, as the case may be, in the manner provided under this chapter25 (1) (5) the investigating officer may seize and detain any cash to which this chapter applies if he has reasonable ground for suspecting that—(a) it is intended to be used for the purposes of terrorism; orpowers of investigating officer and designated authority and appeal against order of designated authority(b) it forms the whole or part of the resources of a terrorist organisation: provided that the cash seized under this sub-section by the investigating officer shall be released within a period of forty-eight hours beginning with the tme when it is seized unless the matter involving the cash is before the designated authority and such authority passes an order allowing its retention beyond forty-eight hoursexplanation—for the purposes of this sub-section, "cash" means—(a) coins or notes in any currency; (b) postal orders; (c) traveller's cheques;(d) banker's drafts; and (e) such other monetary instruments as the central government or, as the case may be, the state government may specify by an order made in writing ———— a billfurther to amend the unlawful activities (prevention) act, 1967————gmgipmrnd—4407ls(s5)—15122008

Parliament_bills

6b7a70da-9519-5836-b016-ae10d43697fb

bill no 76 of 2016 the constitution (scheduled castes and scheduled tribes) orders (amendment) bill, 2016 bydr mahendra nath pandey, mpa billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution (scheduled tribes) (uttar pradesh) order, 1967be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—commencementco 192 in the schedule to the constitution (scheduled castes) order, 1950, in part xviii-uttar pradesh, entry 55 shall be omittedamendment of the constitution (scheduled castes) order, 1950co 783 in the schedule to the constitution (scheduled tribes) (uttar pradesh) order, 1967, after entry 15, the following entry shall be inserted, namely:—5"16 musahar"amendment of the constitution (scheduled tribes) (uttar pradesh) order, 1967 statement of objects and reasonseven after sixty-eight years of independence, the persons belonging to the 'musahar'community residing in various parts of the state of uttar pradesh especially in the districts of chandauli, varanasi and mirzapur are living under pitiable condition the community has been included in the list of scheduled castes in respect of the state however, the community is not able to compete with other scheduled castes and have been deprived of all the benefits like reservation etc in fact today they have been marginalized by other forward scheduled castesnow, it is the need of the hour that "musahar" community be included in the list of scheduled tribes to enable them to avail the existing financial and other benefits under the ongoing schemes meant for welfare of the listed tribal communitieshence this billnew delhi;mahendra nath pandeyfebruary 24, 2016 financial memorandumclause 3 of the bill seeks to include musahar community in the list of scheduled tribes in respect of the state of uttar pradesh the bill, therefore, if enacted, would involve additional recurring expenditure from the consolidated fund of india on account of benefits to be provided to the persons belonging to this tribe under the ongoing central schemes meant for development of the scheduled tribes at this stage, it is not possible to give the exact amount to be incurred on this account however, it is expected that a recurring expenditure of about rupees five hundred crore will be involved annuallyno non-recurring expenditure will be involved annexurethe constitution (scheduled castes) order, 1950(co 19) the schedule part xviii-uttar pradesh 55 musahar extract from the constitution (scheduled tribes) (uttar pradesh) order, 1967(co 78) the schedule 15 bhuiya, bhuinya (in the district of sonbhadra) ———— a billfurther to amend the constitution (scheduled castes) order, 1950 and the constitution(scheduled tribes) (uttar pradesh) order, 1967————(dr mahendra nath pandey, mp)gmgipmrnd—5313ls(s3)—16-04-2016

Parliament_bills

5b66ccbf-6541-5ab3-b49c-4d24b443b1be

bill no iv of 2015 the child development programmes coordination agency bill, 2015 a billto provide for the constitution of the child development programmes coordination agency in order to ensure smooth functioning of child development programmes and achievement of targets for such programmes within a set time frame and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the child development programmes coordination agency act, 2015short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires:—(a) "agency" means the child development programmes coordination agency established under section 4 of the act10(b) "child development programmes" means the programmes being run by theministry of women and child development of the central government with an object of child development in the country;(c) "prescribed" means prescribed by rules made under the act(d) "supreme departmental authority" means the secretary of the department of women and child development of the central government;(e) "top official" means the head of the child development programmes being run by the central government5coordination of child development programmes3 an agency shall be established to bring coordination among child development programmes run by the central government with an objective to ensure that the child development programmes are run smoothly and the targets are achieved within the set time frame104 (1) the central government shall by notification in the official gazette establish an agency for the purpose of this act to be known as the child development programme coordination agency, in such manner as may be prescribedestablishment of child development coordination agency(2) the central government shall appoint such number of officers and staff for the efficient functioning of the agency and the terms and conditions of the services of such persons appointed shall be such as may be prescribed(3) the headquarter of the agency shall be at such place as may be prescribed155 the agency shall perform the following functions:—functions of the agency(a) conduct monthly review of child development programmes run by the central government;(b) hold meetings with the top officials in connection with the quarterly execution of programme based on the review;20(c) submit half-yearly progress report and give suggestions to supreme departmental authority; and(d) such other functions as may be prescribed by the central government from time to time256 (1) the central government shall by notification in the official gazette establish a fund to be known as "child development programmes coordination fund'establishment of agency fund(2) the central government shall after due appropriation made by parliament by law in this behalf, provide requisite sums to the fund for carrying out the purposes of this act307 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effectpower to make rules8 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsit is unfair to think of development of a nation without the development of its childrenactually, child development is the foundation of national development the responsibility of ensuing health care, availability of good nutrition and quality education to children lies not only with the parents but also with the government presently, a number of programmes on child development are being run by the central government among which the integrated child development services (icds) scheme is the primary one which was started in 1975 subsequenlty, many small or big programmes were introduced despite all this schemes there seems to be a continuous deterioration in child development scenario in the country, be it the state of health or nutrition or education owing to lack of coordination among various ongoing programmes, the state of child development in the country continues to be at the lowest level despite spending hundreds of crores of rupees annually therefore, the need to establish a coordination agency for ensuring smooth functioning of child development programme and achievement of targets of such programmes within the set time frame is inevitablehence, this billprabhat jha financial memorandumclause 4 of the bill provides for the establishment of the child development programmes coordination agency and the appointment of officers and staff in the agency clause 6 of the bill provides for the establishment of a child development programme coordination fund therefore, the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of rupees one thousand crore per annum a non-recurring expenditure of about rupees one hundred crore is also likely to be incurred memorandum regarding delegated legislationclause 8 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 details only, the delegation of legislative powers is of a normal character———— a billto provide for the constitution of the child development programme coordination agency in order to ensure the smooth functioning of child development programmes and achievement of targets for such programmes within a set time frame and for matters connected herewith and incidental thereto————(shri prabhat jha, mp)gmgipmrnd—3835rs(s3)—18-12-2015

Parliament_bills

0b07ab03-1d0a-54b1-a4d7-d745664db484

bill no xxxi of 2018 the downtrodden, backward and oppressed youth (development and welfare) bill, 2018 a billto provide for the formulation and implementation of a comprehensive national policyfor ensuring overall development of the youth belonging to scheduled castes,scheduled tribes and those from other backward classes and oppressedcategories from the religious and linguistic minorities and for theirwelfare to be undertaken by the state and for matters connectedtherewith and incidental theretobe it enacted by parliament in the sixty-ninth year of the repulbic of india as follows:—1 (1) this act may be called the downtrodden, backward and oppressed youth(development and welfare) act, 2018short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effect5definitions2 in this act, unless the context otherwise requires:—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;10(b) "backward" means those youth who belong to castes which have beendeclared, by notification in the official gazette, as backward by the appropriate government from time to time;(c) "downtrodden youth" means the youth belonging to scheduled castes and scheduled tribes not provided with opportunities;5(d) "oppressed youth" means the youth who have been cruelly or unjustly treated in the society due to faith or religion, caste or creed or language or have been oppressed with poverty as such;(e) "prescribed" means prescribed by rules made under this act; (f) "youth" means any person who has attained the age of eighteen years but is not above the age of thirty-five years103 (1) the central government shall, as soon as may be, formulate a comprehensive national policy for the overall development and welfare of the downtrodden, backward and oppressed youth of the nation for implementation throughout the countrynational policy for the downtrodden, backward and oppressed youth(2) without prejudice to the generality of the provisions of sub-section (1) of section 3, the national policy referred to therein may provide for;(a) free higher education, including medical, technical and information technology;15(b) free coaching training for admission to management courses with assured admission in management institutes of repute;(c) books, stationery, equipments and educational gadgets free of cost; (d) scholarships in deserving cases; (e) free hostel facilities;20(f) free public transport facilities; (g) monthly pocket expenses allowances at such rate as may be prescribed;(h) free entertainment facilities; (i) free access to all libraries and technical institutions;25(j) training in sports to every eligible youth covered under this act and facilities and appropriate incentives to participate in sports activities, events and tournaments in and outside the country;(k) provision for free of cost healthy and nutritious meals to all the youth covered under this act in the schools, colleges, universities, hostels and technical institutions;30(l) free medical and healthcare; (m) providing modern apprenticeship in business, trade, vocation etc, in factories and commercial establishments;35(n) providing military training to physically fit youth covered under this act and those successfully completing training to be given preference for recruitment in defence services;(o) free of cost coaching and study material •for all india services and other competitive examinations which are conducted by union public service commission, state public service commissions and other examination bodies such as of railways, banks staff selection commission and other bodies of the government at the centre, states and union territories;40(p) such other facilities, incentives and welfare measures as may be prescribed from time to time 4 it shall be the duty of every appropriate government to implement in letter and spirit the national policy formulated under this actappropriate government to implement national policyemployment and unemployment allowance55 notwithstanding anything contained in any other law for the time being in force, the appropriate government shall provide gainful employment to the youth covered under this act as per their ability and qualification after completing their education or training, as the case may be, and in case that government fails to provide them employment, the youth shall be paid unemployment allowance on monthly basis at such rate as may be prescribed by the central government until they are given gainful employmentmiscellaneous provisions106 (1)the appropriate government shall appoint such number of expert committees in the capital of every state and union territory and in every district as it may deem necessary for carrying out the purposes of this act comprising renowned educationists and psychologists and others to recommend some trade or vacation related education or training to be imparted to the youth covered under this act after passing their secondary or matriculation examination(2) the appropriate government shall establish such number of youth hostels on the lines of international youth hostels at conspicuous places in the country for the youth covered under this act as it may deem necessary for the purposes of this act15(3) the appropriate government shall promote youth cooperatives at villages and district levels for establishing their village industries ventures, dairy projects, food processing, poultry, fair price shops, lpg distribution, etc and provide requisite financial assistance and guidance to them for procuring raw materials and promoting marketing, etc20(4) the appropriate government shall ensure the availability of requisite credit at nominal rate of interest from the banks and other financial institutions to the youth covered under this act for their self employment projects(5) the appropriate government shall extend such welfare measures to the youth covered under this act as that government may deem appropriate and necessary for carrying out the purposes of this act257 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds for carrying out the purposes of this actcentral government to provide requisite fundspower to make rules8 the central government may by notification in the official gazette, make rules for to carrying out the purposes of this act statement of objects and reasonsthe youth are always at the centre stage of socio-political activities in our nationto maintain this strength, a clear cut youth policy is required to rid the youth of problems relating to education, poverty, nutrition, employment opportunities, self employment, vocational training, health, sports, etc the country at present has no institutional mechanism to harness the potential of our youth and channelise their energy for the betterment of the country the plight of the youth belonging to downtrodden communities such as scheduled castes, scheduled tribes and other backward classes ( obcs) who have been oppressed for centuries is even worse even today the downtrodden youth have to face social ostracisation though thanks to the reservation policy propounded and given by the messiah of the downtrodden babasaheb br ambedkar, many of them have made some progress but the downtrodden youth still require special attention because there is a need to instill a sense of belonging among the downtrodden, backward and oppressed youth of the nation by providing them all opportunities for their overall development so that they too contribute to the progress of the country to their full potential the facilities and opportunities should be provided as a matter of right good education should be their right and it should not be a privilege of the elite only employment needs to be guaranteed to them and if employment opportunity is not provided they have to be given unemployment allowance they have to be linked directly with the production processes by eliminating the disparities between the rural and urban downtrodden youth for this a comprehensive national policy for the downtrodden backward and oppressed youth should be in place to ensure their all round development which is the need of the hour and an absolute necessity the state has to extend welfare measures for them and enable them to fight against fanaticism, fundamentalism and separatismhence this billamar shankar sable financial memorandumclause 3 of the bill provides for a national policy for the downtrodden backward and oppressed youth under which various facilities are to be provided to such youth clause 5 provides for employment opportunities and payment of unemployment allowance by the government clause 7 makes it mandatory for the central government to provide requisite funds to carry out the provisions of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is not possible at present to quantify the funds that may involve but it is estimated that a sum of rupees thirty thousand crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of rupees twenty thousand crore may also involve for creating assets and infrastructure memorandum regarding delegated legislationclause 8 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the formulation and implementation of a comprehensive national policy for ensuring overall development of the youth belonging to scheduled castes, scheduled tribes and those from other backward classes and oppressed categories from the religious and linguistic minorities and for their welfare to be undertaken by the state and for matter connected therewith and incidental thereto ————(shri amar shankar sable, mp)mgipmrnd—1459rs(s3)—06-08-2018

Parliament_bills

bfe54b32-c45d-5761-bf9d-9746185b5710

bill no lvii of 2013 the representation of the people (amendment and validation) bill, 2013 abillfurther to amend the representation of the people act, 1951be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the representation of the people (amendment and validation) act, 2013(2) it shall be deemed to have come into force on the 10th day of july, 2013amendment of section 7 amendment of section 623 in section 62 of the principal act, after the proviso to sub-section (5), the following proviso shall be inserted, namely:—sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector"validation 4 notwithstanding anything contained in any judgment, decree or order of anycourt, tribunal or other authority, the provisions of the representation of the people act, 1951, as amended by this act, shall have and shall be deemed always to have effect for all purposes as if the provisions of this act had been in force at all material times43 of 1951 statement of objects and reasonsthe representation of the people act, 1951 provides for the conduct of elections of the houses of parliament and 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 elections2 a division bench of the supreme court by its order dated the 10th july, 2013, in the case of chief election commissioner vs jan chaukidar and others (civil appeal nos 3040-3041 of 2004), has upheld an order of the high court of patna declaring that a person who has no right to vote by virtue of sub-section (5) of section 62 of the said act, is not an elector and is, therefore, not qualified to contest the election to either house of parliament or the legislative assembly of a state3 the government has examined the said order of the supreme court and has filed a petition for review of the said order in consultation with the learned attorney-general for india further, the government is of the view that without waiting for the outcome of the said review petition, there is a need for suitably addressing the situation arising out of the said order of the supreme court therefore, it is proposed to amend the said act4 the amendments proposed in the representation of the people (amendment and validation) bill, 2013, inter alia, are as under:-—(a) to amend the definition of the term "disqualified" in clause (b) of section 7 so as to expressly provide that a member of parliament or the legislature of a state shall be disqualified for being chosen as or for being such member only if he is so disqualified under the provisions of chapter iii of part ii of the said act and on no other ground;(b) to insert a proviso to sub-section (5) of section 62 so as to expressly provide that by reason of the prohibition to vote under the said sub-section, a person whose name has been entered in the electoral roll shall not cease to be an elector 5 the bill seeks to achieve the above objectivesnew delhi;kapil sibalthe 23rd august, 2013 annexure extracts from the representation of the people act, 1951(43 of 1951) chapter iiidisqualifications for membership of parliament and state legislatures definitions7 in this chapter,— (b) "disqualified" means disqualified for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state right to vote62 (1) (5) no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police: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 rajya sabha———— a billfurther to amend the representation of the people act, 1951————(shri kapil sibal, minister of law and justice)gmgipmrnd—2270rs(s4)—23-08-2013

Parliament_bills

f323e6f7-c8da-5868-b629-2af9e93c3ab6

bui:n~i;a, tile delhi (delegation of powers) biu, 1963bill ~ , - ----_- --" ,--'; ~ lit, ,,'" i·~"j"· _ -r, ''''tw~:;;i to provide for the delegation of certain power vcted in the adm'm, trator of the union territ071l of delhi "'be" it ~";cted by' parliaine~~tii the f~u:rteen,th -yea~ therepub~ lie of india as follows:-1 (1) thjs act may be called the delhi (delegation of pow-era) sbort title act, 1963 and extent (2) it extends to the whole of the union territory of delhi s -- ~ ", - _ _~ _ c-- - ;-a- •• 2 in this act, unless the context otherwise requires,-de6ni-- - ill tiona (a) "adrnirustrator" means the administrator of deuu appointed by the president under article 239 of the constitution; ca:~~ ~ ~ w ~ -=--___ (b) "chief secretary" means the chief secretary of the delhi administration; '" ~ 10 (c) "otlhi" means the union territory of delhi: (d) "district judge" means the district judge, delhi, and includes an additional district judge, delhi 3 (1) any power, authority or jurisdiction or any duty which delegatioa is the administrator may exercise or discharge by or under the provi- of powera, sions of any enactment mentioned in column 1 of the schedule may r:=a~ be exercised or discharged alsoistrator undereer-(a) by any officer or authority mentioned in relation thereto tain lawi in column 2 of the said schedule; (b) by such other oaleel' or authority as may be lpeelfted in this behalf by the central government by notification in the ome1al· gazette (2) the administrator may transfer any appeal or application for revision or any other matter pending befode him for disposal to an 5 officer or other uuthority competent under sub-section (1) to dispose of the same (3) the administrator may withdraw for disposal by himself any appeal or application for revision or any other matter pending befo;fe ~qffic~ or quter authority competent under sub-section (1) 10 to· ·dispose ·of· theme the schedule (see s~clio1 3)provisions vesting powers officer or authority who name of enactment ~ in the a,4,lni\itrator may awl exercise is the power& chiaf scctetary 20 chief seeretary j :l'~ ,purijab lalllj: revenue< seaions 13 aad 16 aa, i887 (l'unjab act 17 cf , 'l881>, lsin-force in delhi· 2: united, provida:s lana smions 21e" and 219 revenue'act, 1901 (united provinces act 3 of 1901), as in force in d~i, , , district judge 3 the bengal finance (sales section 20 (3)· t ~) ac( 1941 (bet:!:gai a~ 6 of 1941) as in force 1d delhi chief secuetary 4-111e,p~joandrevclu1e ai;t, ~flions 640 66 and 7' ,1954 (~llir ~f1 il of 1954)· 30 :chief s«relary 5 ~ swn ~s (imprpve-" section 20 ment and clearance) act, 1956 (96 of 1956) ' the delhi (delegation of powers) bill, 1963 (to be/as introduced in lok sabha)1 page 2, line 5,-for libefode" ~ "before" 2 page 6, line 29,-for tturracts" read 'textr1~ct" 3 correct line numbers on page 2 new delhi, --vember 25~ 1963 hgrahayana 4, 1885 statement of objects and reasonsund~ certain enactments in force in the union territory of delhi, the ctuefcommissioner of del:hf 'has to exercise appellate, mtsldnal and other poweirs "either by virtue of express -proyisions ln t!ioe ,enactments or by virtue of delegation 'of those powers to him the chief commissioner, on an average, has to hear over '400 appeals and revision applications during the -course of a year under the prmisions {)fthe enactmenislnentioned in the schedule to the bill this work ool1s1llm!!s consjderirble time and renders it diftlcult lor the chief commissioner to devote adequate attention totf1e various prob~s eoj1nected with the administration of the union territory it is, "thefiefore, coftsidered necessary to give relief to ·the- cbfef coibmissi0lle!' by pfuviding that the·powers mentiolned above shall be -exercisable also by tbe oflicers lind authorities spedfted fn the sehfdule and by such other officer or authority as may be specified in this behalf by the centml govern·ment the bill seeks to give et!ect to this object m chandrasekhar • new delhi; the 13th november, 1963 preside!ft's recommendation under article 117 of the constitution of india[copy of letter no 42/3/63-delhi, dated the 16th november, 1963 from shrimati m chandrasekhttr, deputy minister of home affairs to the secretary lok sabha] the president having been informed of the subject matter of the bill, has recommended to the lok sabha the consideration of the bill under article 117 (3) of the constitution clause 3(1) (b) of the bill provides that such officer or authority as may be specified in this behalf by the central goverrunent by notification in the oftlcial gazette may also exercise or discharge the power, authority, jurisdiction or duty which the administrator may exercise or discharge under the provisions of an enactment mentioned in column 1 of the schedule to the bill immediately there is no intention of appointing any extra officer for this purpose and the delegated powers will be exercised -by the existing officers such lis the chief secretary, delhi administration, district judge or additional district judge, delhi, as the case may be however, it may become necessary at a future date to appoint a sep8l1lte officer for this purpose the total annua1i e~diture, if such an oflicer is a,ppointed, is estimated to be about rs 30,000 - - - - - 13 save as otherwise provided by this act, an appeal shall lie appeals from an original or appellate order of revenue officer as follows, namely:-(a) to the collector, when the order is made by an assistant collector of either grade; (b) to the commissioner, when the order is made by a collector; (c) to the financial commissioner, when the order is rnade by a commissioner: provided that-(i) when an original order is confirmed on first appeal, a further appeal shall not lie; (ii) when any such order is modified or reversed on appeal by the collector, the order made by the commissioner on further appeal, if any, to him shall be final - - - - - 16 (1) the financial commissioner may at any time call for the power to record of any case pending before, or disposed of 'by, any revenue ~~~f~e officer subordinate to him and revise proceed-(2) a commissioner or collector may call for the record of any rings of · evenue case pendmg before, or disposed of by, any revenue officer under officers his control (3) if in any case in which a commissioner or collector has called for a record he is of opinion that the proceedings taken or order made should be modified or reversed, he shall report the case with his opinion thereon for the orders of the financial commissioner (4) the financial commissioner may, in any case called for by himself under sub-section (1) or reported to him under sulb-sectfon (3), pass such order as he thinks fit: provided that he shall not under this section pass an order reversing or modifying' any proceeding or order of a subordinate revenue q " -, officer and affecting any question of right between private persons without giving those persons an opportunity of being heard - - " - - ex1'mcts nom 7jiij uni'1'bd pbovinces lan8 revfdfuj: ar:r, 1901 (3 011' 1901) - - - - - 110 (1) a})pealsshau lie under this act as follows:-courts to which appeals lie (\:i) to the record officer from orders passed by any assis-·ta1lt reeord oftleer; (b) to the commissioner from orders passed by assistant collector ql' tahsildar; (c) to the board from judicial orders passed: by a :commission~or additional commissioner or reoord officer - - - - - (4) no appeal shall be allowed from a non-judicial order not ccll1jlecteci with settlemem pesaed by a commilsioner - - - " ~t~(r" 219 "the ,state government may cal1 for the record of any noner~~n~v- judicial proceeding not connected with settlement held by any officer ~~ !~f~r subordinate to it, a~ may pass thereon such orders as it thinks fit :~~_ ·t1teboard may call for the record of any case oj a jud~ial nature nate olb-or connected wit a settl~ent, in which no appeal lies to the beard, ":rs~~ if the officer by whom the case was decided appears to have exerciaed orders " a jurisdiction not vested in him by law, or to have failed to exercise a juri!di¢ion'so vested, or to ha've ected in the e~cise of his jurisdiction illegally or with substantial irregularity, and may pass sueh orders in the case as it thinks fit " ' - - - - - appeal, r:v ~ion and review extracts prom the bengal finance (sales tax) act, 1941 (6 of 1941) " - - - - 20 - - - " - c3) subject to such rules as may be prescribed and for reasons to be recprded in writing, the commissioner upon application or of his own notion may revise any assessment made or or~er passed under this act or the rules thereunder by a person appointed under section 3 to assist him, and subject as afweaaid, the chief commis· sitmer may, ia like manper, revise by order pass by the commissiouerc ; _ ~ : _4~ ::i 1 provided that before rejecting any application for the revision of any such order the commissioner or the chief commissioner, as the case ma'y be, shall consider it and shall record reasons for such rejection: (~ _l~ ~_ti',_::j~j provided further that no application for revision shall lie to the commissioner in respect of a~ assessment if an appeal lies under sub-section (1) to the commissioner in respect of such assessment - - - - - extracts fiiom the dbuu lad revbbue acr, 19m(12 of 1954) - - - - chapti;:r vi appeals, reference and revision64 (1) an appeal shall lie wider this act-courts to which (a) to the settlement officer· or the record officer from appeals orders passed by any assistant settlement officer or assistant lie record officer, respectively; (p) to the; deputy commissioner ql' to the additional collector specially empowered in this behalf from orders passed by tbe &eveaue amtant, an assistant collector or tabsildarj (c) to the chief commissioner from orders passed by the deputy commissiorer, additional collector, settlement officer or record officer - - - - - 66 a second appeal shall lie to the chief commissioner from an second order deciding an appeal under clause (a) or clause (b) of sub- appeal section (1) of section 64 on any of the following grounds and no other, namely:-(i) the decision being contrary to law· or to some usagehaving the force of law, (ii) the decision having failed to determine some material issue of law or usage having the force of law, (iii) a substantial error or defect in the procedure as laid down in this act or prescribed thereunder, which may possibly have produced error or defect in the decision of the case upon the merits - - - - - 72 the ohief commissioner may call for the record of-(a) any non-judicial proceeding not connected with settlement, held by any ofbcer subordinate!fo him, and may pass thereon such orders as he thinks fit, or power of chief commis-iloner to call for files of lubordinate offi cers and to revise order • (b) any case of a judicial nature or connected with settlement, in which no appeal lies to the chief commissioner, if the officer by whom the case was decided appears to have exercised jurisdiction not vested in him by law, or to have failed to exercise a jurisdiction so vested, or to have acted in the exercise of his jurisdiction illpgally, or with substantial irregularity, and may pass such orders in the case as he thinks fit - - - - - extract from the slum areas (improvement and clearance) act, 1956(96 of 1956) - - - - - appeall 20 any person aggrieved by an order of the competent authority refusing to grant the permission referred to in sub-section (1) of section 19 may, within such time as may be prescribed, prefer an appeul to the administrator and the decision of the administrator on such appeal shall be final - - - - - a bjll tq provide for the delegation of certain powers vested in the administrator of the union territory of delhi (8hrimali m chandrasekhar, j)eputy minister in the mirtistry of home affairs)

Parliament_bills

8fe93c6a-9e8e-582b-8d02-20ce3b733aa2

bill no 94 of 2020 the jammu and kashmir appropriation (no 2) bill, 2020 a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of the union territory of jammu and kashmir for the services of the financial year 2019-20 be it enacted by parliament in the seventy-first year of the republic of india as follows:—short title1 this act may be called the jammu and kashmir appropriation (no 2)act, 20205102 from and out of the consolidated fund of the union territory of jammu andkashmir, there may be paid and applied sums not exceeding those specified in column 3 ofthe schedule amounting in the aggregate to the sum of fifty-five thousands three hundred seventeen crore eighty-one lakhs rupees towards defraying the several charges which will come in course of payment during the financial year 2019-20 for a period of five months with effect from the 31st day of october, 2019 to 31st day of march, 2020 in respect of the services specified in column 2 of the scheduleissue of rs 55317,81,00,000 from and out of the consolidated fund of the union territory of jammu and kashmir for financial year 2019-20appropriation3 the sums authorised to be paid and applied from and out of the consolidated fund of the union territory of jammu and kashmir by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said yearthe schedule(see sections 2 and 3)| 1 | 2 | 3 ||-----------------------|----------------------------------------------------|-----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 1 | general administration department revenue | 20,89721 || capital | 12,29181 | || 2 | home department revenue | 3,68,43487 || capital | 66,08593 | || 3 | planning department | revenue || capital | 93,00509 | || 4 | information department | revenue || capital | 7500 | || 6 | power development department | revenue || capital | 1,53,59794 | || 7 | education department | revenue || capital | 76,85933 | || 8 | finance department revenue | 4,23,02551 || capital | 63,84533 | 10053,23,00,000 || 9 | parliamentary affairs department | revenue || capital | 15000 | || 10 | law department revenue | 59,59060 || capital | 4,13692 | || 11 | industry and commerce department revenue | 17,11581 || capital | 48,79718 | || 12 | agriculture department revenue | 71,00676 || capital | 31,89724 | || 13 | animal and sheep husbandry department revenue | 29,48630 || capital | 13,18408 | || 14 | revenue department revenue | 20,98635 || capital | 1,34900 | || 15 | food civil supplies and consumer affairs | || department revenue | 19,26735 | || capital | 25,99408 | || 16 | public works department revenue | 35,79864 || capital | 1,48,26228 | || 17 | health and medical education department revenue | 2,16,95132 || capital | 79,28591 | || 18 | social welfare department revenue | 1,46,67690 || capital | 13,17189 | || 19 | housing and urban development department revenue | 36,39976 || capital | 61,58574 | || 20 | tourism department revenue | 13,55394 || capital | 25,93575 | || 21 | forest department revenue | 49,80536 || capital | 9,91088 | || 22 | irrigation department revenue | 25,56226 || capital | 59,50632 | || 23 | public health engineering department revenue | 63,23226 || capital | 87,91987 | || 24 | hospitality and protocol department revenue | 13,50316 || capital | 6,19730 | || 25 | labour, stationery and printing department revenue | 6,44701 || capital | 4,63965 | || rs ||--------------------|| 219,18,16,000 || 122,91,81,000 || 208,97,21,000 || 122,91,81,000 || 3684,34,87,000 || 660,85,93,000 || 3684,34,87,000 || 660,85,93,000 || 47,24,79,000 || 930,05,09,000 || 47,24,79,000 || 930,05,09,000 || 57,12,87,000 || 75,00,000 || 57,12,87,000 || 75,00,000 || 5660,90,93,000 || 1535,97,94,000 || 5660,90,93,000 || 1535,97,94,000 || 5411,97,85,000 || 768,59,33,000 || 5411,97,85,000 || 768,59,33,000 || 6036,26,83,000 || 10691,68,33,000 || 17,71,27,000 || 1,50,00,000 || 4230,25,51,000 || 638,45,33,000 || 17,38,37,000 || 1,50,00,000 || 631,99,30,000 || 41,36,92,000 || 595,90,60,000 || 41,36,92,000 || 171,15,81,000 || 487,97,18,000 || 171,15,81,000 || 487,97,18,000 || 710,06,76,000 || 318,97,24,000 || 710,06,76,000 || 318,97,24,000 || 294,86,30,000 || 294,86,30,000 || 131,84,08,000 || 209,86,35,000 || 13,49,00,000 || 131,84,08,000 || 209,86,35,000 || 13,49,00,000 || 192,67,35,000 || 259,94,08,000 || 192,67,35,000 || 259,94,08,000 || 357,98,64,000 || 1482,62,28,000 || 357,98,64,000 || 1482,62,28,000 || 2169,51,32,000 || 792,85,91,000 || 2169,51,32,000 || 792,85,91,000 || 1466,76,90,000 || 131,71,89,000 || 1466,76,90,000 || 131,71,89,000 || 363,99,76,000 || 615,85,74,000 || 363,99,76,000 || 615,85,74,000 || 135,53,94,000 || 259,35,75,000 || 135,53,94,000 || 259,35,75,000 || 498,05,36,000 || 99,10,88,000 || 498,05,36,000 || 99,10,88,000 || 255,62,26,000 || 595,06,32,000 || 255,62,26,000 || 595,06,32,000 || 632,32,26,000 || 879,19,87,000 || 632,32,26,000 || 879,19,87,000 || 135,03,16,000 || 61,97,30,000 || 135,03,16,000 || 61,97,30,000 || 64,47,01,000 || 46,39,65,000 || 64,47,01,000 || 46,39,65,000 || 1 | 2 | 3 ||------------------------------------|-------------------------------------------------|-----------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 26 | fisheries department revenue | 4,268,18 || capital | 2,597,77 | || 27 | higher education department revenue | 67,881,80 || capital | 10,770,00 | || 28 | rural development department revenue | 31,084,36 || capital | 2,00,997,66 | || 29 | transport department revenue | 6,438,07 || capital | 11,366,60 | || 30 | tribal affairs department revenue | 4,032,32 || capital | 8,643,48 | || 31 | culture department revenue | 3,056,65 || capital | 1,380,92 | || 32 | horticulture department revenue | 7,767,38 || capital | 38,722,19 | || 33 | disaster management, relief, rehabilitation and | || re-construction department revenue | 41,323,84 | || capital | 15,170,20 | || 34 | youth services and technical education revenue | 27,557,29 || capital | 4,905,31 | || 35 | science and technology department revenue | 607,49 || capital | 3,112,06 | || 36 | cooperative department revenue | 4,198,36 || capital | 421,50 | || t | | || otal | | || : | 11905,86,87,000 | || rs | rs | rs || 42,68,18,000 | | || 25,97,77,000 | | || 42,68,18,000 | | || 25,97,77,000 | | || 678,81,80,000 | | || 107,70,00,000 | | || 678,81,80,000 | | || 107,70,00,000 | | || 310,84,36,000 | | || 2009,97,66,000 | | || 310,84,36,000 | | || 2009,97,66,000 | | || 64,38,07,000 | | || 113,66,60,000 | | || 64,38,07,000 | | || 113,66,60,000 | | || 40,32,32,000 | | || 86,43,48,000 | | || 40,32,32,000 | | || 86,43,48,000 | | || 30,56,65,000 | | || 13,80,92,000 | | || 30,56,65,000 | | || 13,80,92,000 | | || 77,67,38,000 | | || 387,22,19,000 | | || 77,67,38,000 | | || 387,22,19,000 | | || 413,23,84,000 | | || 151,70,20,000 | | || 413,23,84,000 | | || 151,70,20,000 | | || 275,57,29,000 | | || 49,05,31,000 | | || 275,57,29,000 | | || 49,05,31,000 | | || 6,07,49,000 | | || 31,12,06,000 | | || 6,07,49,000 | | || 31,12,06,000 | | || 41,98,36,000 | | || 4,21,50,000 | | || 41,98,36,000 | | || 4,21,50,000 | | || 43411,94,13,000 | | || 55317,81,00,000 | | | statement of objects and reasonsthis bill is introduced in pursuance of the gazette of india, extraordinary, part ii, section 3, sub-section (ii), so 3938(e), dated the 31st october, 2019 issued consequent upon the proclamation issued on the 31st october, 2019, gazette of india, extraordinary, part ii, section 3, sub-section (ii) so 3937(e), dated the 31st october, 2019 under section 73 of the jammu and kashmir reorganisation act, 2019 read with articles 239 and 239a of the constitution and section 74 of the jammu and kashmir reorganisation act, 2019, to authorise payment and appropriation of certain sums from and out of the consolidated fund of the union territory of jammu and kashmir of the moneys required to meet the expenditure charged on the consolidated fund of union territory of jammu and kashmir and the grants made for expenditure of the union territory of jammu and kashmir for part of financial year 2019-20 from the 31st day of october, 2019 to 31st day of march, 2020nirmala sitharaman ———— president's recommendation under section 36(1)(c) and (d) and 43(1) of jammu and kashmir reorganisation act, 2019 [letter no 2(19)-b(s)/2018, dated 5th march, 2020 from smt nirmala sitharaman, minister of finance and corporate affairs addressed to the secretary general, lok sabha]the president, having been informed of the subject matter of the jammu and kashmir appropriation (no 2) bill, 2020 to authorise payment and appropriation of certain sums from and out of the consolidated fund of union territory of jammu and kashmir for the services of the financial year 2019-20 recommends, under section 36 (1) (c) and (d) and 43 (1) of the jammu and kashmir reorganisation act, 2019 read with articles 239 and 239a of the constitution, the introduction of the jammu and kashmir appropriation (no 2) bill, 2020 in lok sabha and also the consideration of the bill———— a billto authorise payment and appropriation of certain sums from and out of theconsolidated fund of the union territory of jammu and kashmir for the services of the financial year 2019-20————(smt nirmala sitharaman, minister of finance and corporate affairs)mgipmrnd—5933ls(s3)—13-03-2020

Parliament_bills

1514d7a8-aaed-5daa-9545-4be6d354760d

the national institute of design bill, 2013————— arrangement of clauses————— chapter i preliminary clauses1 short title and commencement 2 declaration of national institute of design, ahmedabad, as an institution of nationalimportance3 definitions chapter ii the institute4 incorporation of the institute 5 effect of incorporation of the institute 6 powers of institute 7 institute be open to all races, creeds and classes 8 teaching at institute 9 visitor10 authorities of institute 11 governing council 12 term of office of, vacancies among, and allowances payable to chairperson and othermembers of governing council13 meeting of governing council 14 powers and functions of governing council 15 senate 16 functions of senate 17 functions, powers and duties of chairperson 18 director 19 dean 20 registrar 21 powers and duties of other authorities and officers 22 grants by central government 23 fund of institute 24 setting up of endowment fund 25 accounts and audit 26 pension and provident fund clauses27 appointment of staff 28 statutes 29 statutes how to be made 30 ordinances 31 ordinances how to be made 32 arbitral tribunal chapter iii miscellaneous33 acts and proceedings not to be invalidated by vacancies, etc 34 sponsored schemes 35 power of institute to grant degrees, etc 36 powers of central government to issue directions 37 institute to be public authority under right to information act, 2005 38 power of central government to make rules 39 transitional provisions 40 statutes and ordinances to be published in the official gazette and to be laid beforeparliament41 power to remove difficulties the national institute of design bill, 2013 a billto declare the institution known as the national institute of design, ahmedabad, to be aninstitution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to design and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fourth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the national institute of design act, 20135short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act2 whereas the objects of the institution known as the national institute of design, ahmedabad, are such as to make it the institution of national importance, it is hereby declared that the national institute of design, ahmedabad is an institution of national importance10declaration of national institute of design, ahmedabad, as an institution of national importance3 in this act, unless the context otherwise requires,—definitions(a) "chairperson" means the chairperson of the governing council nominated under clause (a) of section 11;(b) "governing council" means the governing council of the institute, as constituted under section 11;(c) "dean", in relation to any institute campus, means the dean of such institute campus;5(d) "design" means a rational, logical and sequential innovative process for the purpose of transferring culture to viable products and services and for providing a competitive edge to products and services, and includes industrial design, communication design, textile and apparel design, lifestyle design, experiential design, exhibition design, craft and traditional sector design;(e) "director" means director of the institute, as appointed under section 18;10(f) "fund" means the fund of the institute maintained under section 23; (g) "institute" means the national institute of design, ahmedabad, incorporated under section 4;15(h) "institute campus" means the campus of the institute located at bengaluru in the state of karnataka and gandhinagar in the state of gujarat, or such other campus as may be established by the institute at any place within india or outside india;(i) "notification" means a notification published in the official gazette; (j) "prescribed" means prescribed by rules made under this act; (k) "registrar" means registrar of the institute; (l) "senate" means the senate of the institute;20(m) "society" means the national institute of design, ahmedabad, registered as a society under the societies registration act, 1860;21 of 1860(n) "statutes" and "ordinances" means the statutes and the ordinances of the institute made under this act chapter ii25 the instituteincorporation of the institute4 (1) the national institute of design, ahmedabad, shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and shall, by that name, sue or be sued30(2) the body corporate constituting the institute shall consist of a chairperson, a director and other members of the governing council for the time being of the institute(3) the headquarters of the institute shall be in the district of ahmedabad in the state of gujarat(4) the institute may establish an institute campus at such other place within india or outside india, as it may deem fit:35provided that each campus of the national institute of design, ahmedabad, established before the commencement of this act, at bengaluru in the state of karnataka and gandhinagar in the state of gujarat, shall be deemed to be the institute campus5 on and from the date of commencement of this act,—40effect of incorporation of the institute(a) any reference to the society in any law (other than this act) or in any contract or other instrument shall be deemed as a reference to the institute incorporated under this act;(b) all property, movable and immovable of, or belonging to, the society, shall vest in the institute;(c) all the rights and liabilities of the society shall be transferred to, and be, the rights and liabilities of, the institute;(d) any reference to any campus of the institute, established before thecommencement of this act, shall be deemed as a reference to that institute campus;510(e) every person employed by the society, immediately before suchcommencement, shall hold his office or service in the institute including the institute campuses, located at bengaluru in the state of karnataka and at gandhinagar in the state of gujarat, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same, if this act had not been enacted, and shall continue to be so, unless and until his employment is terminated or until such tenure, remuneration, terms and conditions are duly altered by the statutes:15provided that if the alteration so made is not acceptable to such employee, hisemployment may be terminated by the institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the institute of compensation equivalent to three months' remuneration in the case of permanent employee and one month's remuneration in the case of other employee20powers of institute6 subject to the provisions of this act, the institute shall exercise the following powers and perform the following duties, namely:—(a) to provide for instructions, research and training in the areas or disciplinesrelating to design and to nurture and promote quality and excellence thereof in such areas or disciplines;25(b) to develop courses leading to graduate and post-graduate degrees, doctoraland post-doctoral distinctions and research in all areas or disciplines relating to design;(c) to hold examinations and grant degrees, and diplomas and other academicdistinctions or titles in the areas or disciplines relating to design;(d) to confer honorary degrees, awards or other distinctions in the areas ordisciplines relating to design;30(e) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (f) to fix, demand and receive fees and other charges; (g) to establish, maintain and manage halls and hostels for the residence of thestudents;35(h) to supervise and control the residence and regulate the discipline of studentsof the institute and to make arrangements for promoting their health, general welfare and cultural and corporate life;(i) to institute academic and other posts and to make appointments thereto(except in the case of the director);(j) to frame statutes and ordinances and to alter, modify or rescind the same;40(k) to co-operate with educational or other institutions in any part of the worldhaving objects wholly or partly similar to those of the institute by exchange of faculty members and scholars and generally in such manner as may be conducive to their common objective;| ( | l | ) to act as a nucleus for interaction between academia and industry by ||--------------------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------------|| encouraging exchange of designers and other technical staff between the institute | | || and the industry and by undertaking sponsored and funded research as well as | | || consultancy projects by the institute; | | || 5 | | || ( | m | ) to establish, equip and maintain workshops or laboratories or studios with || modern machinery and equipments in order to undertake scientific and technological | | || research for creating good designs for the production of goods and services and to | | || provide funds for such works and for payment to any person or persons engaged in | | || service, training and research work whether in such workshop or laboratory or studio; | | || 10 | | || ( | n | ) to acquire any patent or licence relating to such invention, improvement or || design or standardisation marks whether for general or specific purposes; | | || ( | o | ) to undertake consultancy in the areas or disciplines relating to design; || ( | p | ) to deal with any property belonging to, or vested in, the institute, in such || manner as the institute may deem fit for advancing the objects of the institute; | | || 15 | | || ( | q | ) to receive gifts, grants, donations or benefactions from the government and || to receive bequests, donations and transfers of movable or immovable properties from | | || testators, donors or transferors, as the case may be; | | || ( | r | ) to encourage and improve education of persons who are engaged or are likely || to be engaged in the service, training or research activities by grant of loans, | | || scholarships or other monetary assistance or otherwise; | | || 20 | | || ( | s | ) to prepare, print, publish, issue, acquire and circulate books, papers, || periodicals, exhibits, films, slides, gadgets, circulars and other literary undertakings, | | || dealing with or having a bearing upon the subject of industrial design and allied fields; | | || 25 | | || ( | t | ) to establish, form and maintain museums, libraries and collections of literature || and films, slides, photographs, prototypes and other information relating to design | | || and allied subjects; | | || ( | u | ) to nominate designers, engineers (mechanical or electrical or civil), architects, || craftsmen, technicians or investigators to study in india or outside india in regard to | | || the service, training and research in such fields as the institute may think fit; | | || 30 | | || ( | v | ) to retain or employ skilled professional, technical advisers, consultants, || workers or craftsmen in connection with the objects of the institute; | | || ( | w | ) to encourage artisans, technicians and others with inventive skill to work || out details and specifications of processes, appliances and gadgets by giving awards, | | || financial or technical assistance; | | || 35 | | || ( | x | ) to construct buildings and alter, extend, improve, repair, enlarge or modify || and to provide and equip the same with light, water, drainage, furniture, fittings and all | | || other accessories; | | || ( | y | ) ) to borrow and raise moneys, with or without security or on the security of a || mortgage, charge, or hypothecation or pledge of any of the movable or immovable | | || properties belonging to the institute or in any other manner; | | || 40 | | || ( | z | ) to do all such things as may be necessary, incidental or conducive to the || attainment of all or any of the objects of the institute | | |(2) notwithstanding anything contained in sub-section (1), the institute shall not dispose of in any manner any immovable property without the prior approval of the visitor45institute be open to all races, creeds and classes7 (1) the institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or workers or in any other connection whatsoever(2) no bequest, donation of transfer of any property shall be accepted by the institute, which in the opinion of the governing council involves conditions or obligations opposed to the spirit and objects of the instituteteaching at institute58 all teaching at the institute and the institute campuses shall be conducted by or in the name of the institute in accordance with the statutes and the ordinances made in this behalfvisitor9 (1) the president of india shall be the visitor of the institute(2) the visitor may appoint one or more persons to review the work and progress of the institute or any institute campus and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct10(3) upon receipt of any such report, the visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the institute shall be bound to comply with such directions10 the following shall be the authorities of the institute, namely:––authorities of institute(a) the governing council,15(b) a senate, and (c) such other authorities as may be declared by the statutes to be the authorities of the institute 11 the governing council shall consist of the following members, namely:—governing council20(a) a chairperson, who shall be an eminent academician, scientist or technologistor professional or industrialist, to be nominated by the visitor;(b) the director, ex officio;(c) the financial adviser in the ministry or department of the government ofindia dealing with the national institute of design, ex officio;25(d) the joint secretary, in the ministry or department in the government of indiadealing with the national institute of design, ex officio;(e) one representative of the ministry or department of the government of indianot below the rank of joint secretary dealing with higher education, to be nominated by the secretary of that ministry or department, ex officio;30(f) one representative of the ministry or department of the government of indianot below the rank of joint secretary dealing with information technology to be nominated by the secretary of that ministry or department, ex officio;(g) one representative from the state in which the institute campus is located, tobe nominated by that state government;35(h) five professionals, one each from the fields of architecture, engineering, finearts, mass media and technology, to be nominated by the central government;(i) an outstanding designer, to be nominated by the visitor in consultation withthe central government;( j) a management expert, to be nominated by the chairperson;40(k) a representative of the micro, small and medium enterprises, to be nominatedby the central government;(l) three persons to be nominated by the senate from amongst personsrecommended by companies, firms or individuals who have provided financial assistance or contribution to the institute:provided that the threshold of financial assistance or contribution and other requirements to qualify for such nomination shall be such as may be provided for in the statutes; and(m) dean of each institute campus, ex officio512 (1) the term of office of the chairperson or any other member of the governingcouncil (other than an ex officio member) shall be three years from the date of his nomination(2) save as otherwise provided in this section, the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is a member10(3) the term of office of a member of the governing council nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominatedterm of office of, vacancies among, and allowances payable to chairperson and other members of governing council(4) notwithstanding anything contained in this section, an outgoing member shall, unless the governing council otherwise directs, continue in office until another person is nominated as a member in his place15(5) the members of the governing council shall be entitled to such allowances, if any, from the institute as may be provided for in the statutes but no member other than the persons referred to in clauses (b) and (m) of section 11 shall be entitled to any salary by reason of this sub-section20meeting of governing council13 the governing council shall meet at least four times in a year at such place andtime and observe such rules of procedure in regard to the transaction of business at its meetings, as may be determined by the governing councilpowers and functions of governing council14 (1) subject to the provisions of this act, the governing council shall be responsiblefor the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers of the institute not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate25(2) without prejudice to the provisions of sub-section (1), the governing council shall––| ( | a | ) take decisions on questions of policy relating to the administration and ||---------------------------|-----|------------------------------------------------------------------------------|| working of the institute; | | || 30 | | || ( | b | ) take decision on the establishment of new institute campus at any place in || india or outside india; | | || ( | c | ) institute courses of study at the institute; || ( | d | ) institute academic and other posts and to make appointments thereto; |(e) make statutes;35(f) consider and modify or cancel ordinances; (g) consider and pass resolutions on the annual report, the annual accounts andthe budget estimates of the institute including each of the institute campuses for the next financial year, as it thinks fit and submit them to the central government together with a statement of its development plans; and40(h) exercise such other powers and perform such other duties as may be conferredor imposed upon it by this act or the statutes(3) the governing council shall have power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this act(4) the governing council shall have the power to enter into arrangements with the central government, state governments and other public or private organisations or45individuals in india or outside india for securing and accepting endowments, grants, donations or gifts to the institute on mutually agreed terms and conditions:provided that the conditions of such grant, donation or gift, if any, shall not be inconsistent or in conflict with the nature or objects of the institute and the provisions of this act5(5) the governing council shall have the power to take over and acquire by purchase,gift or otherwise from government and other public bodies or private individuals willing to transfer movable and immovable properties, endowments or other funds together with any attendant obligations and engagements not inconsistent with the provisions of this act(6) the governing council may by specific resolution to this effect delegate to the chairperson such of its powers for the conduct of business, as it may deem necessary1015 the senate of the institute shall consist of the following persons, namely:––senate(a) the director, ex officio, who shall be the chairman of the senate;(b) dean of each institute campus, ex officio;(c) senior professors of the institute and of the institute campuses;15(d) three persons, not being employees of the institute, to be nominated by thechairperson in consultation with the director, from amongst educationists of repute,one each from the fields of science, engineering and humanities and at least one of them shall be a woman;20(e) one alumnus of the institute to be nominated by the chairperson inconsultation with the director; and(f) such other members of the staff as may be laid down in the statutesfunctions of senate2516 subject to the provisions of this act, the statutes and the ordinances, the senate of the institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes17 (1) the chairperson shall ordinarily preside at the meetings of the governing council and at the convocations of the institutefunctions, powers and duties of chairperson30(2) it shall be the duty of the chairperson to ensure that the decisions taken by the governing council are implemented(3) the chairperson shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutesdirector18 (1) the director of the institute shall be appointed by the central government for a tenure of five years in such manner and on such terms and conditions of service as may be prescribed35(2) the director shall be appointed on the recommendations of the selection committee constituted by the central government(3) the director shall be the principal executive officer of the institute and shall be responsible for—40(a) proper administration of the institute and for imparting of instructions andmaintenance of discipline therein;(b) co-ordination of activities of all the institute campuses;45(c) examining the development plans of the institute and each institute campusand to approve such of them as are considered necessary and also to indicate broadly the financial implications of such approved plans; and(d) examining the annual budget estimates of the institute and each institute campus and to recommend to the central government the allocation of funds for that purpose| ( | 4 | ) the director shall exercise such other powers and perform such other duties as ||--------------------------------------------------------------|-----|------------------------------------------------------------------------------------|| may be assigned to him by this act, statutes and ordinances | 5 | || ( | 5 | ) the director shall submit annual reports and accounts to the governing council |(6) the central government shall have the power to remove the director before expiry of his tenure, if it considers it appropriate to do sodean1019 (1) the dean of each institute campus shall be appointed on such terms andconditions as may be laid down by the statutes and shall exercise such powers and perform such duties as may be assigned to him by this act or the statutes or by the director(2) without prejudice to the provisions of sub- section (1), the dean of each institute campus shall look after all academic, administrative, research and other activities of the institute campus in consultation with the directorregistrar1520 (1) the registrar of the institute shall be appointed on such terms and conditionsas may be laid down by the statutes and shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the governing council shall commit to his charge20(2) the registrar shall act as the secretary of the governing council, the senate and such committees as may be prescribed by the statutes(3) the registrar shall be responsible to the director for the proper discharge of his functions(4) the registrar shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes or by the director2521 the powers and duties of authorities and officers, other than those hereinbeforementioned, shall be determined by the statutespowers and duties of other authorities and officers grants by central government3022 for the purpose of enabling the institute to discharge its functions efficientlyunder this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fit23 (1) the institute shall maintain a fund to which shall be credited––fund of institute(a) all moneys provided by the central government; (b) all fees and other charges received by the institute; (c) all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and35(d) all moneys received by the institute in any other manner or from any other source (2) all moneys credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide40(3) the fund shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its duties under this act24 notwithstanding anything contained in section 23, the central government may direct the institute to––setting up of endowment fund(a) set up an endowment fund and any other fund for specified purpose; and(b) transfer money from its fund to endowment fund or any other fundaccounts and audit25 (1) the institute shall maintain proper accounts and other relevant records andprepare an annual statement of accounts, including the balance sheet, in such form as may be prescribed, in accordance with such general directions as may be issued by the central government in consultation with the comptroller and auditor- general of india5(2) the accounts of the institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor- general of india10(3) the comptroller and auditor- general of india and any person appointed by him inconnection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india, generally has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the institute15| ( | 4 | ) the accounts of the institute as certified by the comptroller and auditor-general of ||----------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------|| india or any other person appointed by him in this behalf, together with the audit report | | || thereon shall be forwarded annually to the central government and that government shall | | || cause the same to be laid before each house of parliament | | || 20 | | || pension and | | || provident | | || fund | | || 26 | ( | 1 || director, such pension, insurance and provident funds as it may deem fit, in such manner and | | || subject to such conditions as may be laid down in the statutes | | || 19 of 1925 | | || ( | 2 | ) where any provident fund has been constituted under sub-section ( || government may declare that the provisions of the provident funds act, 1925 shall apply to | | || such fund as if it were a government provident fund | | || 25 | | || appointment | | || of staff | | || 27 | all appointments of the staff of the institute, except that of the director, shall be | || made in accordance with the procedure laid down in the statutes by–– | | || ( | a | ) the governing council , if the appointment is made on the academic staff in || the post of senior designer or professor or above or if the appointment is made on the | | || non-academic staff in any cadre, the maximum of the pay-scale for which is the same or | | || higher than that of senior designer or professor ; and | | |30(b) the director, in any other casestatutes28 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:—(a) conferment of honorary degrees;35(b) formation of departments of teaching, establishment of workshops,laboratories and studios;(c) fees to be charged for courses of study in the institute including institutecampus and for admission to the examinations of degrees, diplomas and certificates of the institute;(d) institution of fellowships, scholarships, exhibitions, medals and prizes;40(e) qualifications of teachers of the institute; (f) classification, method of appointment and the determination of the terms andconditions of service of officers, teachers and other staff of the institute;45(g) reservation of posts for the scheduled castes, the scheduled tribes andother backward classes of persons as may be determined by the central government;(h) constitution of pension, insurance and provident funds for the benefit of theofficers, teachers and other staff of the institute;| ( | i | ) constitution, powers and duties of the authorities of the institute and institute ||---------------------------------------------------------------------------------------------|-----|---------------------------------------------------------------------------------------|| campuses; | | || ( | j | ) establishment and maintenance of halls and hostels; || ( | k | ) conditions of residence of students of the institute and the levying of the || fees for residence in the halls and hostels and other charges; | | || 5 | | || ( | l | ) || ( | m | ) allowances to be paid to the chairperson and members of the governing || council; | | || ( | n | ) authentication of the orders and decisions of the governing council; || 10 | | || ( | o | ) || such meetings and the procedure to be followed in the conduct of their business; | | || ( | p | ) || statutes | | || statutes how | | || to be made | | || 15 | | || 29 | ( | 1 || the previous approval of the visitor and a copy of the same shall be laid as soon as may be | | || before each house of parliament | | |(2) the governing council may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereinafter in this section provided20(3) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may assent thereto or withhold assent therefrom or remit it to the governing council for reconsideration(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitorordinances30 subject to the provisions of this act and the statutes, the ordinances of theinstitute may provide for all or any of the following matters, namely:––25(a) admission of the students to the institute including institute campus; (b) reservation in admission to various courses or programmes of the institutefor the scheduled castes, the scheduled tribes and other backward classes;(c) courses of study to be laid down for all degrees, diplomas and certificates ofthe institute;30(d) conditions under which students shall be admitted to the degree, diplomaand certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates;(e) conditions for award of fellowships, scholarships, exhibitions, medals andprizes;35(f) conditions and mode of appointment and duties of examining body, examinersand moderators;(g) conduct of examinations; (h) maintenance of discipline among the students of the institute; and40(i) any other matter which by this act or the statutes is to be or may be provided for by the ordinances31 (1) save as otherwise provided in this section, ordinances shall be made by the senateordinances how to be made(2) all ordinances made by the senate shall have effect from such date as it may direct, but every ordinance so made shall be submitted, as soon as may be, to the governing council and shall be considered by the governing council at its next meeting5(3) the governing council shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may bearbitral tribunal1032 (1) any dispute arising out of a contract between the institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to an arbitral tribunal consisting of one member appointed by the institute, one member nominated by the employee and an umpire appointed by the visitor(2) the decision of the arbitral tribunal shall be final and shall not be questioned in any court15(3) no suit or proceeding shall lie in any court in respect of any matter which isrequired by sub-section (1) to be referred to the arbitral tribunal(4) the arbitral tribunal shall have power to regulate its own procedure (5) nothing in any law for the time being in force relating to arbitration shall apply to arbitration under this section20 chapter iii miscellaneous33 no act of the institute or governing council or senate or any other authority set up under this act or the statutes, shall be invalid merely by reason of —| ( ||----------------|| acts and || proceedings || not to be || invalidated by || vacancies, || etc |25(b) any defect in the election, nomination or appointment of a person acting as amember thereof; or(c) any irregularity in its procedure not affecting the merits of the casesponsored schemes3034 notwithstanding anything contained in this act, whenever the institute receives funds from any government, the university grants commission or any other agency including industry sponsoring a research scheme or a consultancy assignment or a teaching programme or a chaired professorship or a scholarship, etc, to be executed or endowed at the institute,—(a) the amount received shall be kept by the institute separately from the fundof the institute and utilised only for that purpose; and(b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisations:35provided that any money remaining unutilised shall be transferred to the endowment fund set up under section 24 of this act40power of institute to grant degrees, etc35 the institute shall have the power to grant degrees, diplomas, certificates and other academic distinctions under this act, which shall be equivalent to such corresponding degrees, diplomas, certificates and other academic distinctions granted by any university or institute established or incorporated under any other law for the time being in force36 the central government may give such directions as it may deem necessary to the institute for effective administration of this act and the institute shall comply with such directionspowers of central government to issue directions37 the provisions of the right to information act, 2005 shall apply to the institute, as if it were a public authority as defined in clause (h) of section 2 of the right to information act, 200522 of 2005institute to be public authority under right to information act, 2005538 (1) the central government may, by notification, make rules to carry out the purposes of this actpower of central government to 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:—| ( | a | ) the manner of appointment of the director and terms and conditions of his ||-----------------------------------|-----|--------------------------------------------------------------------------------|| service under sub-section ( | 1 | ) of section 18; || 10 | | || ( | b | ) the form and the manner in which the books of account of the institute shall || be maintained under sub-section ( | 1 | ) of section 25; || ( | c | ) any other matter which is required to be, or may be, prescribed || 15 | | || 20 | | |(3) every rule made 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 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 rule39 notwithstanding anything contained in this act––transitional provisions25(a) the governing council of the institute functioning as such, immediately before the commencement of this act, shall continue to so function until a new governing council is constituted for the institute under this act, but on the constitution of a new governing council under this act, the members of the governing council holding office before such constitution shall cease to hold office;30(b) the policy and planning committee of the society, functioning as such before the commencement of this act, shall be deemed to be the senate constituted under this act and continue to so function until a new senate is constituted for the institute under this act;35(c) until the first statutes and ordinances are made under this act, the rules andregulations, instructions, guidelines and bye-laws of the society, in force immediately before the commencement of this act, shall continue to apply to the institute and institute campuses located at bengaluru or gandhinagar, as the case may be, in so faras they are not inconsistent with the provisions of this act40 (1) every statute or ordinance made under this act shall be published in the official gazette40statutes and ordinances to be published in the official gazette and to be laid before parliament45(2) every statute or ordinance 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 statute or ordinance or both houses agree that the statute or ordinance should not be made, the statute or ordinance 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 statute or ordinance(3) the power to make statutes or ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of this act to statutes or ordinances or any of them but no retrospective effect shall be given to any statute or ordinance so as to prejudicially affect the interests of any person to whom such statutes or ordinances may be applicable5power to remove difficulties41 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions or give such directions not inconsistent with the purposes of this act, as appears to it to be necessary or expedient for removing the difficulty:10provided that no such order shall be made after the expiry of two years from theappointed 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 statement of objects and reasonsthe national institute of design (nid), ahmedabad was set up in the country in the year 1961 as a society registered under the societies registration act, 1860 and also under the bombay public trusts act, 1950, by the government of india in the ministry of industry (now known as the ministry of commerce and industry), as an autonomous institution nid is an educational and training institution which conducts graduate and post-graduate programmes in the area of design education2 realising the strategic importance of design for national and industrial competitiveness of both manufacturing and service industries, nid is already striving for excellence in the field of design education in the country nid products, comprising its students and alumni, form the spearhead of the design initiative in india despite this, the potential of indian design has not been fully exploited and there is an immense scope for future growth which may be achieved by establishing an institution of national importance for imparting design education with international benchmarking which can award degrees, function as an apex body to train teachers and trainers imparting design education in the country and provide the interface between academia and the industry in order to achieve the desired objectives, it is expedient to enact a law declaring nid as an institution of national importance in the interest of public at large3 the national institute of design bill, 2013, inter alia, provides for declaration of national institute of design, ahmedabad, as an institution of national importance and make it a body corporate to nurture and promote quality and excellence in design education; to conduct research and training in all disciplines related to design; to confer honorary degrees, diplomas, certificates, awards and other academic distinctions or titles in disciplines relating to design and to act as a nucleus for interaction between academia and industry by encouraging exchange of designers and other technical staff between the institute and the industry and by undertaking sponsored and funded research as well as consultancy projects4 the bill seeks to achieve the above objectsanand sharmanew delhi;the 21st february, 2013 notes on clausesclause 1—this clause relates to the short title and commencement of the proposed legislationclause 2—this clause relates to the declaration of the national institute of design, ahmedabad as an institution of national importanceclause 3—this clause defines certain expressions used in the proposed legislationthese definitions, inter alia, include "governing council", "design", "institute", "registrar"clause 4—this clause relates to incorporation of the national institute of design, ahmedabad as a body corporate, consisting of a chairperson, a director and other members of the governing council the headquarters of the institute shall be at ahmedabad and the institute may establish an institute campus at such other place within india or outside indiaclause 5—this clause relates to the effect of incorporation of the institute that all property, movable and immovable of, or belonging to the society and that every person employed by the society, immediately before such commencement, shall hold his office or service in the institute including the institute campuses, by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privilegesclause 6—this clause relates to the powers and duties of the institute which includes, inter alia, to provide for instructions, research and training in the areas or disciplines relating to design; to develop courses leading to graduate and post-graduate degrees, doctoral and post-doctoral distinctions and research in all areas or disciplines relating to design and to frame statutes and ordinances and to alter, modify or rescind the sameclause 7 - this clause provides that the institute shall be open to all races, creeds, and classesclause 8—this clause provides that all teaching at the institute and the institute campuses shall be conducted by or in the name of the institute in accordance with the statutes and ordinancesclause 9—this clause provides that the president shall be the visitor of the institute who shall in that capacity appoint one or more persons to review the work and progress of the institute or any institute campusclause 10—this clause relates to authorities of the institute which includes the governing council, a senate and such other authorities as may be declared by the statutesclause 11—this clause relates to the composition of the governing council consisting of a chairperson, the director, dean and other membersclause 12—this clause provides the term of office of the chairperson and other members of the governing council other than ex-officio members and filling of their vacancies and allowances payable to themclause 13—this clause provides that the governing council shall meet at least four times in a year at such place and time and observe such rules of procedure in regard to the transaction of business at its meetings, as may be determined by the governing councilclause 14—this clause relates to powers and functions of the governing council, which shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall have the power to review the acts of the senateclause 15—this clause provides the composition of the senate consisting of the director, dean of each institute campus, senior professors of the institute, three persons and one alumnus of the institute nominated by the chairperson in consultation with the director and such other members of the staff as laid down in the statutesclause 16—this clause relates to the functions of the senateclause 17—this clause relates to functions, powers and duties of the chairperson, as assigned to him by the proposed legislation or the statutesclause 18—this clause provides the terms and conditions of service of the director of the institute who shall be appointed by the central government for a tenure of five years on the recommendations of the selection committee constituted by the central governmentclause 19— this clause relates to the appointment, power and duties assigned to the dean of the institute by the proposed legislation or the statutes or by the director which provides that the dean of each institute campus shall look after all academic, administrative, research and other activities of the institute campus in consultation with the directorclause 20— this clause relates to the appointment, powers and duties of the registrar of the institute on such terms and conditions laid down by the statutes and he shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the governing council shall commit to his chargeclause 21— this clause relates to the powers and duties of other authorities and officers of the institute to be determined by the statutesclause 22—this clause relates to the grants by the central government to the institute in each financial yearclause 23—this clause provides for the maintenance of a fund by the institute which shall be applied towards meeting the expenses of the instituteclause 24— this clause provides for the setting up of an endowment fund and any other fund for specified purposeclause 25— this clause provides for the maintenance of proper accounts and other relevant records, an annual statement of accounts including the balance-sheet in accordance with general directions issued by the central government in consultation with the comptroller and auditor-general of india and the same shall be audited by the comptroller and auditor- general of indiaclause 26— this clause provides for the constitution of pension, insurance and provident funds for the benefit of the employees including the director of the instituteclause 27— this clause provides for the appointment of the staff of the institute in accordance with the procedure laid down in the statutes by the governing councilclause 28— this clause provides for framing of the statutes with respect to conferment of honorary degrees; the formation of departments of teaching, establishment of workshops, laboratories and studios; fees for courses of study; institution of fellowships, scholarships, exhibitions, medals and prizes; qualifications of teachers of the institute; the allowances to be paid to the chairperson and members of the governing council, etcclause 29— this clause provides for the procedure regarding framing of the first statutes of the institute and making of new or additional statutes as well as their amendment and repealclause 30— this clause provides for ordinances to be made relating to the admission of the students to the institute; reservation in admission to various courses or programmes of the institute for the scheduled castes, the scheduled tribes and other backward classes; courses of study to be laid down for all degrees, diplomas and certificates of the institute, etcclause 31— this clause provides for the procedure of making ordinances by the senateclause 32— this clause provides for an arbitral tribunal for settlement of disputes between the institute and its employeesclause 33— this clause provides that acts and proceedings of the institute or governing council or senate or any other authority shall not be invalidated by any vacancy, etcclause 34— this clause relates to various sponsored schemes of the institute and its utilisationclause 35— this clause relates to power of institute to grant degrees, diplomas, certificates and other academic distinctionsclause 36— this clause provides for powers of central government to issue directions for effective administration of the proposed legislationclause 37—this clause provides the applicability of the provisions of the right to information act, 2005 to the institute, as if it were a public authority defined in the said actclause 38— this clause confers power upon the central government to make rules in respect of the matters specified in the proposed legislationclause 39— this clause provides for the continuation of the existing governing council till the constitution of a new council under the provisions of the proposed legislationclause 40— this clause provides for the publication of every statute or ordinance in the official gazette and also for its laying before parliamentit further provides that the power to make statutes or ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of the proposed legislationclause 41—this clause relates to the power to remove difficulties financial memorandumclause 4 of the bill provides for establishment of the national institute of design(nid), ahmedabad as a body corporate2 sub-clause (y) of clause 6 of the bill provides for borrowing or raising monies, with or without security or on the security of a mortgage, charge, or hypothecation or pledge of any of the movable or immovable properties belonging to the institute or in any other manner3 sub-clause (4) of clause 14 of the bill empowers the governing council of the institute to enter into arrangements with the central government, state governments and other public or private organisations or individuals in india or outside india for securing and accepting endowments, grants, donations or gifts to the institute on mutually agreed terms and conditions which shall not be inconsistent or in conflict with the nature or objects of the institute and the provisions of the act4 clause 22 of the bill provides that the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fit5 the following budget provisions have been made for the institute during the last five years ie 2007-2012:—(rs in lakhs)particulars2007-082008-092009-102010-112011-12grant-in-aid plan recurring9301070145014951510plan non-recurring865626135021752105non-plan24114179100100total189118102979377037156 clause 23 of the bill provides that the institute shall maintain a fund to credit all monies provided by the central government; all fees and other charges received by the institute, all monies received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers and all monies received by the institute in any other manner or from any other source all monies credited to the fund shall be deposited in such banks or invested in such manner as the institute may, with the approval of the central government, decide7 clause 24 of the bill provides for setting up of an endowment fund and any other fund for specified purpose and transfer money from its fund to the endowment fund or any other fund8 clause 25 of the bill provides for maintenance of proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as may be prescribed by the central government in consultation with the comptroller and auditor general of india the comptroller and auditor general of india shall be empowered to audit the accounts of the institute9 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationsub-clause (1) of clause 29 of the bill empowers the governing council, to frame, with the previous approval of the visitor, the first statutes of the institute sub-clause (2) of the said clause provides that the governing council may, from time to time, make new or additional statutes or amend or repeal such statutes sub-clause (3) of the said clause provides that every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may assent thereto or withhold such assent or remit it to the governing council for reconsideration sub-clause (4) of the said clause provides that a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the visitor2 clause 30 of the bill enumerates the matters in respect of which ordinances of the institute may be made the ordinances are subject to the provisions of the proposed legislation and the statutes the matters in respect of which ordinances may be made, inter alia, include the admission of the students to the institute including institute campus;reservation in admission to various courses or programmes of the institute for the scheduled castes, the scheduled tribes and other backward classes; courses of study to be laid down for all degrees, diplomas and certificates of the institute; conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the institute and award of degrees, diplomas and certificates; conditions for award of fellowships, scholarships, exhibitions, medals and prizes; conditions and mode of appointment and duties of examining body, examiners and moderators; conduct of examinations; the maintenance of discipline among the students of the institute and any other matter which by this act or the statutes is to be or may be provided for by the ordinances3 clause 31 of the bill lays down the procedure of the senate to make ordinances 4 clause 38 of the bill empowers the central government to make rules in respect of matters relating to the appointment of the director and terms and conditions of his service under sub-section (1) of section 18; the form and manner in which the books of account of the institute shall be maintained under sub-section (1) of section 25 and any other matter which is required to be, or as may be, prescribed5 the matters in respect of which the notification, the statutes, or the ordinances may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto declare the institution known as the national institute of design, ahmedabad, to be an institution of national importance for the promotion of quality and excellence in education, research and training in all disciplines relating to design and for matters connected therewith or incidental thereto————

Parliament_bills

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