CHAPTER II
Legislative Department
(Vidhayee Vibhag)
FUNCTIONS
The Legislative Department is concerned mainly with the following
matters:
(i) Scrutiny of Notes for the Cabinet in relation to all legislative
proposals from drafting and constitutional points of view;
(ii) Drafting of all Government Bills including Constitution
(Amendment) Bills before introduction in Parliament; translation of
all such Bills into Hindi and forwarding of both English and Hindi
versions of the Bills to the Parliament Secretariat; drafting of
Government amendments to Bills, scrutiny of non-official amendments
and rendering of assistance to Administrative Ministries to decide on
the acceptability or otherwise of non-official amendments;
(iii) Rendering assistance to Parliament and Joint Select or Standing
Committees of Parliament at all stages through which a Bill passes
before enactment. This includes scrutiny of and/or preparation of
reports of such Committees, and Hindi Translations of such reports and
minutes of dissent;
(iv) Drafting of Ordinances to be promulgated by the President;
(v) Drafting of legislations to be enacted as President's Acts in
respect of States under President's rule;
(vi) Drafting of Regulations to be made by the President;
(vii) Drafting of Constitution Orders, i.e. Orders required to be
issued under the Constitution;
(viii) Scrutiny of all statutory rules, orders and notifications and
their translation into Hindi;
(ix) Scrutiny of State Legislations in the Concurrent field which
requires assent of the President under article 254 of the
Constitution;
(x) Scrutiny of legislations to be enacted by Union territory
Legislatures;
(xi) Election to Parliament, Legislatures of States and Union
territories and Offices of the President and Vice-President;
(xii) Apportionment of expenditure on elections between the Centre and
the State/Union territories with Legislatures;
(xiii) Election Commission, Electoral Reforms;
(xiv) Publication of Central Acts, Ordinances and Regulations and
their authorised translations in Hindi and other languages specified
in the Eighth Schedule to the Constitution.
2. During the period 1998-99 ( i.e. from 1st April, 1998 to 31st
January, 1999 ), this Department examined under 131 Notes for the
Cabinet involving legislative proposals in consultation with different
Ministries and Departments concerned for drafting Bills for
introduction in the Houses of [Parliament. Out of the Bills which
were pending before Parliament and those introduced during the period,
34 Bills were enacted into Acts during that period. A list of Acts so
enacted is given in Annexure-I. Some important Acts enacted during
the period are surveyed below, in Chronological order.
IMPORTANT ENACTMENTS
3.(1) The Income-tax (Amendment) Act, 1998 (7 of 1998) : Generally,
the basis on which depreciation is claimed by an assessee is the
written down value of the block of assets. To enable power generating
units to depreciate their capital assets in a straight line method at
the same rate at which it is reimbursed by the State Electricity
Boards under the Electricity(Supply) Act, 1948, section 32 of the
Income-tax Act has been amended. In order to provide incentives to
mineral oil, power, highway projects and undertakings located in
industrially backward districts of the country, section 80-1A has been
amended so as to -- (i) extend the benefit of deduction available to
undertakings commencing production of mineral oil in the North-Eastern
region to undertakings located in other parts of country commencing
commercial production of mineral oil on or after 1st April, 1997;
(ii) extend the benefit of deduction available to infrastructure
facility to housing and other development activities which are
integral part of a highway project with a condition that the profits
of such housing and other development activities shall be ploughed
back to highway projects within a period of three years; (iii) extend
time limit for availing the tax holiday from 12 years to 20 years in
respect of highway and express-way projects; (iv) extend the cut-off
date for availing the tax benefit by undertakings which generate or
generate and distribute power from 31st March, 1998 to 31st March,
2000; and (v) provide for a five year tax holiday to undertakings
located in the notified industrially backward districts of category
'A' and a three year tax holiday to undertakings located in the
notified industrially backward districts of category 'B'; subject to
the condition that such undertakings begin to manufacture or produce
articles or things or to operate cold storage plants or plants at any
time during the period from 1.10.1994 to 31.3.1999. In both the
cases, the tax holiday period will be followed by the benefit of
deduction of 25% of profits (30% in case of companies) for five years
to the eligible undertakings.
For the same purpose, the Income-tax (Amendment) Ordinance, 1997
(Ordinance 15 of 1997) was promulgated on the 16th Sept., 1997 to
achieve the above purposes. As the Income-tax (Amendment) Ordinance,
1997 could not be replaced by an Act of Parliament due to the
dissolution of the House of the People, the President promulgated the
Income-tax (Amendment) Second Ordinance, 1997 (Ord. 28 of 1997) on
the 26th December, 1997. This Ordinance was replaced by the
Income-tax (Amendment) Act, 1998 (7 of 1998).
2. The Merchant Shipping (Amendment) Act, 1998 (9 of 1998) : One of
the objectives of the Merchant Shipping Act, 1958 is to foster and
ensure efficient maintenance of Indian Mercantile Marine sector to
best sub-serve the nation's interests. Indian Merchant Ships are
required to comply with various International Conventions to which
India is a party. I.L.O. Convention No. 147 stipulates safety
standards, including standards of competency, hours of work, and
manning so as to ensure safety of life on board ship, etc. Since
India is a signatory to the said Convention, it became necessary to
amend the Merchant Shipping Act, 1958 to the extent of dealing with
the complaints from Indian seamen on foreign vessels and foreign
seamen on foreign vessels in the Indian territorial waters. The said
I.L.O. Convention came into force in India w.e.f. 26th Sept., 1997.
As Parliament was not in session, the President promulgated the
Merchant Shipping (Amendment) Ordinance, 1997 (Ord.19 of 1997) on the
26th Sept., 1997. As the Bill to replace the said Ordinance could not
be introduced in the Rajya Sabha and Lok Sabha had been dissolved by
the President on the 4th December, 1997 the President re-promulgated
the Merchant Shipping (Amendment) Second Ordinance, 1997 (Ord. 27 of
1997) on the 25th December, 1997 so as to have continuity of Amendment
made in the Merchant Shipping Act. After Constitution of the 12th Lok
Sabha the Parliament had a short session in February, 1998 and in that
session as the normal legislative business could not be taken up, it
became essential to again repromulgate the Ordinance for the third
time on 23rd April, 1998 i.e. the Merchant Shipping (Amendment)
Ordinance, 1998 (Ord. 7 of 1998) so as to have continued effect of
the above amendment.
The Merchant Shipping Amendment Act, 1998 has been passed by
Parliament which received the assent of the President on 22nd June,
1998, replacing the aforesaid Ordinance.
3. The Employees' Provident Funds and Miscellaneous Provisions
(Amendment) Act, 1998 (10 of 1998) :
The employees' Provident Funds and Miscellaneous Provisions Act, 1952
provides for the institution of compulsory provident fund, pension
fund and deposit - linked insurance for the benefit of employees in
factories and establishments. While examining the Demands for Grants
for the Ministry of Labour, the Standing Committee of Parliament on
Labour and Welfare had made certain suggestions for amendment of the
Act. The Employees' Provident Funds and Miscellaneous Provisions
(Amendment) Bill, 1997 was introduced in Rajya Sabha, inter-alia, to
provide for the following :-
(i) to raise the minimum rate of provident fund contribution from 8.33
percent to 10 percent, and the maximum rate from 10 per cent to 12 per
cent of the monthly wages in order to promote saving and ensure
availability of higher retiral benefits.
(ii) to make a provision that a person who is, or has been, or is
qualified to be a Judge of a High Court or a District Judge shall be
eligible for appointment as the Presiding Officer of the Appellate
Tribunal;
(iii) to abolish the provision of three years' infancy period so as to
bring the factories / establishments within the scope of the Act from
the date of their establishment / registration.
The Bill was introduced but could not be passed by the Parliament as
both Houses were not in session. To achieve the purposes of the
aofresaid Bill, the Employees' Provident Funds and Miscellaneous
Provisions (Amendment) Ordinance, 1997 (Ord. 17 of 1997) was
promulgated by the President on the 22nd September, 1997. The
Eleventh Lok Sabha was dissolved on the 4th December, 1997.
Therefore, to give continued effect to the Provisions of the said
Ordinace, the Employees' Provident Funds and Miscellaneous Provisions
(Amendment) Second Ordinance (Ord. 25 of 1997) was promulgated by the
President on the 25th December, 1997. As the Bill to replace the
aforesaid Ordinance could not be passed during the 12th Lok Sabha in
February, 1998, the Ordinance was repromulgated for the third time on
the 23rd April, 1998, as the Employees' Provident Funds and
Miscellaneous Provisions (Amendment) Ordinance, 1998 (Ord. 8 of
1998).
The Employees' Funds and Miscellaneous Provisions (Amendment) Bill,
1998 has been replaced by the Parliament and received the assent of
the President on 23rd June, 1998 replacing the aforesaid Ordinance.
4. The Payment of Gratuity (Amendment) Act, 1998 (11 of 1998) : The
Payment of Gratuity Act, 1972 provides for payment of Gratuity to
employees engaged in factories, mines, oil fields, plantations, ports,
railway companies, shops and other establishments. On receipt of
representations from Trade Unions, the payment of Gratuity (Amendment)
Bill, 1997 was introduced in Parliament to enhance the amount of
Gratuity from Rs. one lac to Rs. two lacs and fifty thousand. As
the Bill could not be passed, the President promulgated on the 24th
September, 1997, the Payment of Gratuity (Amendment) Ordinance, 1997
(Ord. 18 of 1997) to give effect to the provisions of the said Bill.
As the Eleventh Lok Sabha was dissolved, the President promulgated on
the 25th December, 1997 the Payment of Gratuity (Amendment) Second
Ordinance, 1997 (Ord. 26 of 1997) to give continued effect to the
provisions of the said Ordinance. As the Bill could not be passed by
the Parliament immediately, after the Constitution of the 12th Lok
Sabha, the President repromulgated on the 23rd April, 1998, the
Payment of Gratuity (Amendment) Ordinance, 1998 (Ord. 10 of 1998) to
give continued effect to the provisions of the earlier Ordinance.
The Payment of Gratuity (Amendment) Act, 1998 was passed by Parliament
and assented to by the President on 22nd June, 1998. This Act
enhances the amount of Gratuity from Rs. One Lac to Rs. Three Lacs
and Fifty Thousand (instead of Rs. Two Lacs and fifty thousand as
provided in the Ordinance ) keeping in view the Fifth Pay Commission's
recommendations and the consequent increase in the amount of Gratuity
payable to Government employees.
5. The Representation of People (Amendment) Act, 1998 (12 of 1998) :
Clause (6) of Article 324 of the Constitution provides that, on the
request of the Election Commission of a State shall make available to
the Election Commission such staff as may be necessary for the
discharge of its functions. Further Section 159 of the Representation
of People Act, 1951 provides that every local authority in a state
shall when so requested by Regional Commissioner or the Chief
Electoral Officer of the State, make available to any Returning
Officer such staff as may be necessary for the performance of any
duties in connection with an Election.
The Supreme Court, in its judgement in Civil Appeal No.6026 of 1993
Election Commission of India vs. State Bank of India Staff
Association, Patna and others and Civil Appeal No. 4611 of 1989
Election Commission of India Vs. Northern Zone Insurance Employees
Association, Rajasthan (AIR 1995 SC 1078) held that the Election
Commission cannot requsition the services of employees of State Bank
of India and the Life Insurance Corporation of India for election
duties as such employees are neither employes of the Central
Government nor of a State Government nor of a local authority and
observed that the persons whose services may be placed at the disposal
of the Election Commission must be either employees of the Central
Government or of the State Government or of a local authority. In
view of the aforesaid judgement, and to make available the staff of
statutory and non-statutory and other educational institutions aided
by the Government, and because of the impending General Elections to
the 12th Lok Sabha, the President promulgated the Representation of
People (Amendment) Ordinance, 1997 (Ord.23 of 1997) on the 23rd
December, 1997 which provides for requisitioning of services for
election work of employees of, apart from local authorities, every
university and any other institution, concern or undertaking (not
being an institution, concern or undertaking established under a
Central, Provincial or State Act or a company within the meaning of
section 617 of the Companies Act, 1956) controlled, or financed wholly
or substantially by funds provided, directly or indirectly, by the
Central Government or a State Government. The President promulgated
the Representation of the People (Amendment) Ordinance, 1998 (Ord. 12
of 1998) on the 24th April, 1998 to give continued effect to the
provisions of the aforesaid 1997 - Ordinance and to avoid any
difficulty to the Election Commission in holding elections in the
interregnum.
The Representation of People (Amendment) Act, 1998 has been passed to
replace the aforesaid Ordinance of 1998. The Amendment Act also has
brought under the ambit of section 159 of the Representation of the
People Act, employees of public sector enterprises, etc.
6. The National Institute of Pharmaceutical Education and Research
Act, 1998 (13 of 1998): The National Institute of Pharmaceutical
Education and Research set up as an autonomous body in 1991, was
registered as a society under the Societies Registration Act, 1860. A
Bill to declare the National Institute of Pharmaceutical Education and
Research to be an Institution of national importance under Entry 64 of
List I of the Seventh Schedule to the Constitution and to provide for
its incorporation and matters connected therewith was introduced in
the Lok Sabha on 3rd March, 1997. The Bill lapsed on the dissolution
of the Eleventh Lok Sabha. In order to ensure that the process of
enrolment of students is not delayed, the National Institute of
Pharmaceutical Education and Research Ordinance, 1998 (Ord.2 of 1998)
was promulgated on 21st January, 1998 for the purpose. Since the
Ordinance was to lapse on the expiry of six weeks after the reassembly
of Parliament, that is, on 5th May, 1998, the National Institute of
Pharmaceutical Education and Research (Second) Ordinance, 1998 (Ord.
9 of 1998) was promulgated on 23rd April, 1998 to give continued
effect to the provisions of the aforesaid Ordinance.
To replace the aforesaid Ordinance the National Institute of
Pharmaceutical Education and Research Bill, 1998 was passed by the
Parliament which received the assent of the President on 26th June,
1998.
7. The Electricity Regulatory Commissions Act, 1998 ( 14 of 1998) :
Power Sector in India is beset with problems that impede its capacity
to respond to the rapidly growing demand for energy. Although the
initial measures had been taken, serious problems persist, and the
reform becomes increasingly difficult underscoring the need to act
decisively and without delay, to focus on fundamental issues facing
the power sector, namely, lack of rational retail tarrifs, high level
of cross-subsidies, poor planning and operation, inadequate capacity,
neglect of consumers, limited involvement of private sector skills and
resources and the absence of an independent regulatory authority.
Considering the paramount importance of re-structuring the power
sector, two conferences of Chief Ministers were organised to discuss
the whole gamut of issues in the power sector. A Common Minimum Plan
for Power (CMNEP) was adopted in these conferences. The CMNEP
recognised that the gap between demand and supply of power is widening
and acknowledged that the financial position of State Electricity
Boards is fast deteriorating and future development in the power
sector cannot be sustained without viable State Electricity Boards and
improvement of their operational performance. The CMNEP identified
creation of Regulatory Commission as a step in this direction and
specifically provides for establishment of Central Electricity
Regulatory Commission (CERC) and State Electricity Regulatory
Commissions (SERCs). The Administrative Staff College of India,
Hyderabad was assigned the task of studying the restructuring needs of
the regulatory system and the report of the ASCI recommended the
creation of independent Electricity Regulatory Commissions, both at
the Centre and the States.
To give effect to the above proposals, the Electricity Regulatory
Commission Bill, 1997 was introduced in Lok Sabha on 14th August,
1997. This Bill could not be passed due to dissolution of the
Eleventh Lok Sabha, which resulted in delay in establishing the
Regulatory Commission leading to confusion and misgivings in various
sections about Government's commitment to the reforms and
restructuring of the power sector. Therefore, it was considered
necessary to ensure the speedy establishment of the Regulatory
Commission and as Parliament was not in session, the President
promulgated the Electricity Regulatory Commissions Ordinance, 1998
(Ord. 14 of 1998) on 25th day of April, 1998.
The salient features of the said Ordinance were as follows :
(a) it provides for the establishment of a Central Electricity
Regulatory Commission at the Central level and State Electricity
Commissions at the State levels.
(b) the main functions of CERC are :
(i) to regulate the tariff of generating companies owned or controlled
by the Central Government;
(ii)to regulate inter-State transmission including tariff of the
transmission utilities;
(iii)to regulate inter-State sale of power;
(iv) to aid and advise the Central Government in the formulated of
tariff policy.
(c) the main functions of the SERC, to start with shall be:
(i) to determine the tariff for electricity, wholesale, bulk, grid and
retail;
(ii)to determine the tariff payable for use of the transmission
facilities;
(iii)to regulate power purchase and procurement process of the
transmission utilities, etc.
(iv) subsequently, as and when each State Government notifies, other
regulatory functions could also be assigned to SERCs.
(d) it also aims at improving the financial health of the State
Electricity Boards (SEBs) which are losing heavily on account of
irrational tariffs and lack of budgetary support from the State
Governments, as a result of which, the SEBs have become incapable of
even proper maintenance, leave alone purposive investment. Further,
the lack of creditworthiness of SEBs has been a deterrent in
attracting investment both from the public and private sectors.
Hence, it is made mandatory for State Commissions to fix tariff in a
manner that none of the consumers or class of consumers shall be
charged less than fifty per cent of the average cost of supply. It
enables the State Governments to exercise the option of providing
subsidies to weaker sections on condition that the State Governments
through a subsidy, compensate the SEBs. As regards the agricultural
sector, it provides that if the State Commission considers it
necessary, it may allow the consumers in the agricultural sector to be
charged less than fifty per cent for a maximum period of three years
from the date of commencement of the Ordinance. It also empowers the
State Government to reduce the tariff further but in that case it
shall compensate the SEBs or its successor utility, the difference
between the tariff fixed by the State Commission and the tariff
proposed by the State Governments by providing budgetary allocations.
Therefore, it enables the State Governments to fix any tariff for
agriculture and other sectors provided it gives subsidy to State
Electricity Boards to meet the loss.
To replace the aforesaid Ordinance the Electricity Regulatory
Commission Act, 1998 was passed by the Parliament, which received the
assent of the President on the 2nd July, 1998.
8. The Finance (Amendment) Act, 1998 (16 of 1998) : Consequent upon
the finalisation of the decision on the Fifth Pay Commission's
recommendations, a review of the expenditure budget for 1997-98 was
undertaken. The review revealed that post budget commitments as well
as Pay Commission's award added up to a total expenditure beyond the
budget estimates. A number of proposals for additional expenditure
were also pending consideration. These developments indicated a
slippage in the fiscal deficit, which could send negative signals to
the financial market, impact on interest and inflow of investment. To
mop up additional resources, raising of special duty of customs
leviable under section 68 of the Finance (No.2) Act, 1996 from 2 per
cent to 5 per cent, ad valorem on imported goods (Other than petroleum
products and project imports), and raising of foreign travel tax
leviable under section 35 of the Finance Act, 1979 in respect of
journeys undertaken tonon-neighbouring countries from Rs. 300 to Rs.
750 per passenger were decided. Since the Parliament was not in
session, the Finance Acts (Amendment) Ordinance, 1997 (Ord. 16 of
1997) was promulgated on the 16th September, 1997 for the purpose.
The said Ordinance could not be replaced by a Bill in the Winter
Session of Parliament in 1997. To give continued effect to the
provisions of the said Ordinance, the Finance (Second Amendment)
Ordinance, 1997 (Ord. 24 of 1997) was promulgated on 24th December,
1997 with the modification that the foreign travel tax for journeys
undertaken to non-neighbouring countries be charged at the rate of
Rs.500 per passenger in place of Rs. 750 per passenger with effect
from 1st January, 1998.
The said Ordinance also could not be replaced by a Bill during the
first session of the Twelfth Lok Sabha. Therefore, further to give
continued effect to the said proposals, the Finance (Amendment)
Ordinance, 1998 (Ord. 5 of 1998) was promulgated by the President on
21st April, 1998. To replace the aforesaid Ordinance, Parliament
passed the Finance (Amendment) Bill, 1998, which received the assent
of the President on 7th July, 1998.
9. The Lotteries (Regulation) Act, 1998 (17 of 1998) : The conduct
of certain types of lottery in the country, the malpractices thereof
and their impact on poorer sections of the society had been under
scrutiny of the Government. The continued prevalence of, popularly
known, single digit and instant lotteries and the temptation offered
by them proved to be the undoing of many families. In spite of the
guidelines issued by the Central Government as also the guidelines
issued bythe Hon'ble Supreme Court, the evil could not be eliminated
and a need to regulate the conduct of lotteries through the Central
Legislation became necessary to protect the interests of the gullible
poor. Considering the exigencies of the matter and as the Parliament
was not in session, the Lotteries (Regulation) Ordinance, 1997 (Ord.
20 of 1997) was promulgated by the President on 1st October, 1997. In
order to give continued effect to the provisions of the said
Ordinance, the Lotteries (Regulation) Second Ordinance, 1997 (Ord. 31
of 1997) was promulgated by the President on 30th December, 1997. As
the Lotteries (Regulation) Second Ordinance, 1997 (Ord. 31 of 1997)
was going to lapse on the 5th May, 1998, the President promulgated, on
23rd April, 1998 the Lotteries (Regulation) Ordinance, 1998 (Ord. 6
of 1998).
The Lotteries (Regulation) Act, 1998 replacing the aforesaid Ordinance
was passed by the Parliament. The Act provides, inter alia, for
conditions subject to which lotteries may be organised, such as prizes
not to be offered on pre-announced number or on the basis of a single
digit, State Governments to print lottery tickets bearing the imprint
and logo of the State, the State Government to sell the tickets either
itself or through the distributors or selling agents, the State
Governments to conduct the draws of all the lotteries, place of draw
to be located within the State, lotteries not have more than one draw
in a week, number of bumper draws not to be more than six in a
calender year etc. The Act also provides that the State Government
may, within the State, prohibit that the State Government may, within
the State, prohibit the sale of lottery tickets of another State and
the Central Government may prohibit the lottery organised in
contravention of the conditions, etc. The offences under the Act have
been made cognizable and non-bailable.
10. The High Court and Supreme Court Judges (Conditions of Service)
Amendment Act, 1998 ( 18 of 1998) : The Fifth Central Pay Commission
recommended the revision in the salaries and other allowances of the
Central Government employees including the members of All India
Services. The Government has accepted the majority of the
recommendations. The notification dated the 30th September, 1997
amending the pay rules of the Central Government employees, namely,
the Central Civil Services (Revised Pay) Rules, 1997, has also been
issued. The revised pay rules are deemed to have come into force on
the 1st day of January, 1996.
Having considered all the aspects of the matter, a necessity was felt
to increase the salaries of the Judges with effect from the 1st
January, 1996 as detailed below :-
Chief Justice of India Rs. 33,000 per month Judges of the Supreme
Court Rs. 30,000 per month Chief Justice of a High Court Rs. 30,000
per month Judges of High Court Rs. 26,000 per month
Since the Parliament was not in session, the President promulgated the
High Court and Supreme Court Judges (Conditions of Service) Amendment
Ordinance, 1998 (Ord. 11 of 1998) on the 24th day of April, 1998 to
give effec to the increase in the salaries of the Judges.
The High Court and the Supreme Court Judges (Conditions of service)
Amendment Act, 1998 replaced the said Ordinance.
11. The Electricity Laws (Amendment) Act, 1998 (22 of 1998): This
Act provides for transmission as a distinct activity independent of
generation and distribution under Indian Electricity Act, 1910 and the
Electricity (Supply) Act, 1948 and to empower the Central Government
or the Central Electricity Regulatory Commission to grant transmission
licence in this case of inter-state transmission of energy and the
state Government or the State Electricity Regulatory Commission in the
case of intra-state transmission of energy in the area of transmission
to be specified in the license.
12. The Interest on Delayed Payments to Small Scale and Ancilliary
Industrial Undertakings (Amendment) Act, 1998 ( 23 of 1998 ) : The
Interest on Delayed Payments to Small Scale and Ancilliary Industrial
Undertakings Act, 1993 regulates the procedure of payment of interest
on delayed payments to small scale and ancilliary undertakings.
Though the Act has been inoperation for a period of five years, the
problem of delays in payment of outstanding dues to the small scale
industrial units continues unabated. There have been widespread
discussions on the provisions of the Act among the various interest
groups including the Departments of State Governments dealing with
industries, banks and small industry associations. The general
consensus emerged from such discussions is that certain amendments to
the Act are necessary in order to make it more effective so that the
aims and objectives of the Act are achieved.
The existing Act was not applicable to the Central or State Public
Sector Undertakings , such as, National Small Industries Corporation
(NSIC) and the State Small Industries Development Corporation (SSIDC).
Since both the aforesaid Corporations have been playing important role
in marketing of SSI products, this Act amends the definition
of"Supplier" so as to bring within the scope : the aforesaid
Corporations.
Section 3 of the Act stipulates that a buyer is required to make
payment on or before the agreed date to small scale supplier of goods
or services. Where the credit period is not specified in the
Agreement, the payment is to be made within 30 days from the date of
the acceptance of goods or services. It has been noticed that buyers
tend to prescribe a credit period of 240-360 days. This defeats the
purpose of the Act. It also amends Section 3 of the Act by specifying
a period of 120 days as the maximum period of credit.
Section 4 of the Act states that Buyers shall be liable to pay
interest to the supplier on outstanding dues beyong the appointed day
at a rate which is 5% points above the floor rate. The Reserve Bank
of India in its credit policy, has changed the system of prescribing
floor rates for the purpose of lending by Banks for the loans
exceeding Rs. 2 Lakhs. The Banks are now free to fix the Prime
Lending RAte for Loans. The change in Interest Rate Policy has
necessitated a change in determining the panel rate of interest in the
Act. This Act has also fixed the penal rate of interest at one and a
half times of the Prime Lending Rate of the State Bank of India.
Under Section 6 of the Act, the outstanding amount together with the
interest is recoverable (in case of dispute) by way of a civil suit.
This Act also further provides an alternative mechanism of arbitration
and conciliation apart from Section 6 to resolve the disputes under
the Act. For this purpose, State Governments have been authorised to
set up one or more "industry faciliation councils" for the purpose of
arbitration and conciliation. These councils shall act as Arbitrators
or conciliation for sectt. disputes between SSI suppliers and buyers.
This aims of facilitating resolution of disputes between the two
parties amicably.
13. The Beedi Workers Welfare Cess (Amendment) Act, 1998 (24 of 1998)
: The Beedi Workers Welfare Cess Act, 1976 (56 of 1976) and the Beedi
Workers Welfare Funds Act, 1976 (62 of 1976) have been enacted to
ameliorate the living conditions and provide welfare measures to Beedi
workers. The former Act provides for levy as a duty of excise by way
of cess on manufactures beedis at a rate of not less than 10 paisa or
more than 50 paisa per thousand. The proceeds are being utilised to
finance the Welfare Funds for Beedi Workers. Initially, the case was
fixed at 25 paisa per kilogram of tobacco issued from warehouses for
manufacture of beedis. The Cess for financing the Beedi Workers
Welfare Fund could not be collected under the Beedi Workers Welfare
Cess Act, 1956 w.e.f. 1st March, 1979 due to exemption granted by the
Finance Act, 1979-80. Thereafter, the Beedi Workers Welfare Cess Act,
1976 was amended in 1981 to provide levy of not less than 10 paisa and
not more than 50 paisa per thousand manufactured beedis.
After Amendment of the Beedi Workers Welfare Cess Act, 1976 the Cess
was levied at the rate of 10 paisa per thousand manufactured beedis,
but was increased to 30 paisa per thousand. On 1st March, 1987 to
meet the increasing cost of administering the various welfare measures
under the Fund. It was subsequently increased to 50 paisa per
thousand manufacture beedis w.e.f. 17th October, 1995. In order to
continue and expand welfare measures for persons employed in beedi
establishments, the Beedi Workers Welfare Cess Act, 1976 has further
been amended so as to increase the minimum rate from 10 paisa to 50
paisa and maximum rate of cess from 50 paisa to 5 rupees per thousand
manufactured beedis, as the Central Government may,from time to time,
fix.
14. The President's Emoluments and Pension (Amendment) Act, 1998 (25
of 1998) : Section 1A of thePresident's Emoluments and Pension Act,
1951 provides that there shall be paid to President by way of
emoluments 20,000 rupees per mensum. Sub Section (1) of Section 2 of
the Act provides for pension of 1,20,000/- rupees p.a. to the
retiring Presidents.
2. The Emoluments and Pension of the President were last enhanced in
1990. Consequent upon the revision of the slary and allownaces of
various consftritutional functionaries, it is considered necessary to
enhance the emoluments of President and pension to the retiring
Presidents. In view of this the emoluments of President has been
enhanced from rupees twenty thousand per mensem to rupees fifty
thousand per mensem and pension from rupees one lakh twenty thousand
per annum to rupees three lakhs per annum.
As the Vice-President's Pension Act, 1997 has been enacted to provide
for payment of pension and other pensionary benefits to such persons
who have held the ofrfice of the Vice-President of India and
subsequently becoes entitled to pension under the President's
Emoluments and Pension Act, 1951 may not be extended. Thereafter,
such a restriction under the President's Emoluments and Pension Act,
1951 has also been imposed.
(15) The Salaries and Allowances of Officers of Parliament (Amendment)
Act, 1998 (26 of 1998): Consequent upon the enhancement in the
President's Emoluments and Pension Act, 1951, and in the salary
allowances and pension of Members of Parliament the total emoluments
of the Chairman of the Council of States have also been raised to Rs.
40.000/- per month with effect from the 1st January, 1996 which is
considered to be a reasonable level between the emoluments payable to
the Governor of a State.
(16) The Governors (Emoluments, Allowances and Privileges) Amendment
Act, 1998 : (27 of 1998) : Clause (3) of Article 158 of the
Constitution provides that the Governors shall be entitled to such
emoluments, allownaces and privileges as may be determined by
Parliament by lay, and until a provision in that behalf is so made,
they will receive such emoluments, allowances and privileges as are
specified under the Second Schedule to the Constitution. Parliament
has enacted the Governors (Emoluments, Allowances and Privileges) Act,
1982 to provide for the emoluments, allowances and other privileges to
governors and section 3 thereof prescribes Rs. 11,000 per mensum as
emoluments thereof. The above amendments were made effective from
1stApril, 1986.
Consequent upon the revision of salary and allowances of various
constitutinal authorities, it was considered necessary to enhance the
emoluments of the Governors of the State. There has been considerable
price rise since 1986 and the emoluments and allowances of the
Governors have not been enhanced since then. It was, therefore, felt
appropriate to enhance their emoluments which were last revised in
1986 and thus the emoluments of the Governors was raised from Rs.
11,000 per mensum to Rs. 36,000 per mensum w.e.f. 1st January, 1996.
17. The Salary, Allowances and Pension of Members of Parliament
(Amendment) Act, 1998 : (28 of 1998) : The Joint Parliamentary
Committee and the Joint Committee on Salaries and Allowances of
Members of Parliament have made several recommendations for increasing
the salary, allowances and other facilities to Members of Parliament
and pension to the former Members of Parliament. On the basis of the
recommendation, it was proposed inter-alia to increase the salary of
Members of Parliament from Rs. 1500 to Rs. 4000 per month, to raise
the daily allowances from Rs. 200 to Rs. 400, to increase the number
of single air journeys from 28 to 32 in a year with a provision that
unutilised air journey of an year will be carried over to the
following year to increase in road-mileage from Rs. 5 to 6 per km.
allowing road mileage to a Member of Parliament, if he travels by
road, between the place connected by Rail to increase the minimum
pension from Rs. 1,400 to Rs. 2,500 per month, to increase the
additional pension from 250 to Rs. 500 for each year exceeding five
years of service as such members, to increase in pension to the spouse
or a dependent of Member of Parliament from Rs. 500 p.m. to Rs.
1000 p.m. in case such Member dies in harness. It was also proposed
to increase the amount of Car Advance from Rs. 50,000 to Rs.
1,00,000 and allow the spouse of the Member to travel free in all rail
journeys in air conditioned first class or executive class in all
trains from usual place of residence to Delhi and back against present
to and fro air-conditioned two-tier rail travel facilities once during
each session.
18. Oilfields (Regulation and Development) Act, 1948 (29 of 1998 :
Sub Section (4) of Section 6 A of the Oilfields Regulation and
Development Act, 1948 empowers the Central Government to amend the
Schedule to the said Act, by notification, so as to enhance or reduce
the rate at which royalty shall be payable in respect of any mineral
oil, subject to the condition that the rate of royalty in respect of
any mineral oil shall not be fixed so as to exceed twenty per cent.
of the sale price of any mineral oil shall not be enhanced more than
once during any period of three years.
With a view to encourage exploration of oil and natural gas in the
country, the Government approved the New Exploration Licensing Policy
(NELP) providing, inter alia, for the following:
(i) royalty rates for crude oil shall be at the rate of 12.5% for the
onland areas and 10% for offshore areas, calculated with reference to
international process.
(ii) royalty may be reduced or exepted with a view to encourage
exploration in deep water areas and frontier areas. To begin with,
royalty will be charged at half the prevailing rate for off-shore
areas beyond 400 meter bathymetry for the first seven years after the
commencement of commercial production.
Thus, for the acreages to be offered under the NELP, royalty would be
payable at different rates depending upon the location of the area,
water depth etc. The present scheme of the Oilfields (Regulation and
Development) Act, 1948 however, does not permit laying down of more
than one rate of royalty in respect of any mineral oil, as required to
operationalise the NELP. It was, therefore, necessary to amend the
Oilfields (Regulation and Development) Act, 1948 for incorporating
suitable provisions in Section 6A of the Said Act for conferring upon
the Central Government the powers to notify the rates of royalty
approved under the New Exploration Licencing Policy.
The Government also decided to dismantle the Administered Pricing
Mechanism (APM) in respect of indigenous crude oil and petroleum
products in a phased manner commencing from the 1st April, 1998. With
this, the price of indigenous crude oil which was earlier fixed on a
cost plus formula once in three years has been linked to the
international FOB price of crudes imported into the country. Under
the new pricing scheme, the price of indigenous crude oil would now
vary on monthly basis. This necessitated some changes in the Act to
make it possible to vary the rate of royalty on crude oil at intervals
shorter than 3 years as presently provided for in the Act.
To meet the above requirements, it was proposed to amend the Section A
of the Act so as to :
(i) confer upon the Central Government the powers to notify more than
one rate of royalty in respect of the same mineral oil produced from
different classes of leased areas;
(ii) empower the Central Government to grant partial or full exemption
from the payment of royalty in respect of offshore areas, and
(iii) make consequential amendments in section 10 of the Act for
laying the notifications before Parliament.
The Act seeks to achieve the above objects.
19. The Export-Import Bank of India (Amendment) Act, 1998 (1 of 1999)
: Sub-section (1) of section 4 of the Export-Import Bank of India
Act, 1981 provides that the authorised capital of the Exim Bank shall
be 200 crores of Rupees and the Central Government, may by
notification, increase the said capital upto 500 crores of Rupees.
The paid up capital of the Exim Bank has been augmented out of the
budgetary allocation and in the year 1995-96 it reached the maximum
limit of Rs. 500 crores of rupees.
2. It became necessary to provide for an adequate capital base to the
Exim Bank to support its future business growth, to maintain its
creditworthiness with international lenders, to enable it to raise
external commercial borrowings at competitive rates for financing
needs of Indian exporters, and to retain adequate resource flows for
maintaining flexibility. Accordingly, it was proposed to raise the
authorised capital of the Exim Bank from 500 crores of Rs. to 1000
crores of rupees and enhance the maximum limit upto which the Central
Government may increase the said capital, by notification in the
official gazette, from 500 crores of rupees to 2000 crores of rupees
it was, therefore, necessary to amend sub-section (1) of Section 4 of
the Export-Import Bank of India Act.
(20) The Cotton Ginning and Pressing Factories (Repeal) Act, 1998 (2
of 1999): The Cotton Ginning and Presing FActories Act, 1925, enacted
on the 8th day of August, 1925, provides for periodical filing of
returns; maintenance of registers; marking of bales and other rule
making; powers for both the Central and State Governments for the
purpose of regulating the ginning and pressing factories.
There have been changes in the pattern of processing, marketing and
consumption of cotton since the enactment of the Act. In the makret
driven economy needing quality products modernisation of ginning andk
pressing factoriesw is essential. In the present liberalised
industrial scenario the restrictions laid down in the Cotton Ginning
and Pressing Factories Act, 1925 are not required any longer and the
Cotton Control Order, 1986 issued under the Essential Commodities Act,
1955 would cover provisions considered essential to regulate working
of ginning and pressing factories in future so long as Cotton remains
as an essetial commodity. Hence it was considered that the said Act
should be repealed.
The repeal will also provide a thrust and incentive to the
modernisation efforts in the cotton ginning and pressing sector to
ensure quality processing of cotton and chargin remunerative price for
the service provided for.
This Act has been enacted to achieve the aforesaid objects.
21. The High Denomination Bank Notes (Demonetisation) Amendment Act,
1998 (3 of 1999) : To eliminate the shortage of currency notes and to
ease the pressure on other denominations, it was proposed to amend
section 2 of the High Denomination Bank Notes (Demonetisation) Act,
1978. This will facilitate the Reserve Bank of India to issue notes
of Rs. 1,000 denomination immediately.
22. The Railway Claims Tribunal (Amendment) Act, 1998 (4 of 1999) :
Section 9 of the Railway Claims Tribunal Act, 1997 provides that the
salaries and allowances payable to, and the other terms and conditions
of service (including pension, gratuity and other retirement benefits)
of the Chairman, Vice Chairman and other members shall be prescribed
by rules. Accordingly, the Central Govt. notified the Railway Claims
Tribunal (Salaries and Allowances and conditions of service of
Chairman, Vice Chairman and Members) Rules, 1989. Whiel examining the
question of revising the salary and allowances payable to the
Chairman, Vice Chairman and other Members of the Railway Claims
Tribunal w.e.f. 1.1.1996 on the basis of the recommendations of the
Vth Central Pay Commission by suitably amending the relevant rules, it
was observed that there is no enabling provision in the said Act to
give retrospective operation as provided under Section 36A of the
Administrative Tribunal Act, 1985. In order to overcome this
difficulty, the said Act was amended to provide for an enabling
provision to make rules with retrospective effect not earlier than the
date of commencement of the said Act.
23. The Leaders and Chief Whips of Recognised Parties and Groups in
Parliament (Facilities) Act, 1998 : ( 5 of 1999 ) : The Eleventh All
India Whips Conference held at Bangalore in January, 1994 made the
following recommendations :-
Chief Whips of recognised opposition parties and the state
legislatures should be provided secretarial assistance and facilities
of telephone and office accommodation in the premises of legislatures
by giving them statutory recognition (secretarial assistance means one
stenographer grade 'B' and one peon).
The Twelfth All India Whips Conference held at Srinagar on 21 and 22
August, 1997 further deliberated the issue relating to the facilities
to be extended to Whips.
The smooth functioning of the Parliamentary system depends, to a large
extent, on the efficiency of the party machinery in the legislatures.
The Chief Whips and Leaders of Parties and Groups in Parliament are
important party functionaries who play a vital role in the proper
functioning of the parties and groups in the legislatures and hence,
fulfil an important public purpose.
After due consideration of the matter as a whole and to implement the
recommendation of the All India Whips Conference, this Act has been
enacted to provide for sercretial and telephone facilities to the
Leaders and Chief Whips of recognised parties and recognised groups in
Parliament.
24. The High Court and Supreme Court Judges (Salaries and Conditions
of Service) Amendment Act, 1998 ( 7 of 1999 ) : When officer of the
State Judicial Service is appointed as a Judge of a High Court, his
leave account is regulated under the provisions of sub-clause (iii) of
clause (a) of sub-section (2) of section 4 of the High Court Judges
(Salaries and Conditions of Service) Act, 1954, (hereinafter referred
to as the "High Court Judges Act"). Under the aforesaid provisions, a
Judge is entitled to carry forward only the leave earned to the extent
of 240 days. He is, however, not entitled to carry forward the Half
Pay Leave in his leave account in the Judicial Service.
Representations have been received from certain Judges, requesting for
aprovision in the High Court Judges Act to enable them to avail the
benefit of carry forward of Half Pay Leave. In view thereof, it was
proposed to make a suitable amendment to the High Court Judges Act, to
provide for the same. Similarly, the Registry of the Supreme Court
has requested for deleting the restrictions of 240 days for the carry
forward of leave on full allowances when a Judge of a High Court is
elevated to the Supreme Court. It was also proposed to accede to the
request and the restriction of 240 days provided under section
4(2)(a)(iii) of the Supreme Court Judges (Salaries and Conditions of
Service) Act, 1958 (hereinafter referred to as "Supreme Court Judges
Act") be done away with.
A High Court Judge or a Supreme Court Judge is entitled without
payment of rent to the use of official residence. Where a Judge does
not avail himself of the use of such residence, he is paid every month
an allowance i.e. Rs. 2,500/- p.m. in the case of a Judge of a High
Court and Rs. 3,000/- in the case of a Judge of a Supreme Court.
Although there has been steep increase in the market rent of houses,
the allowances payable to the Judges in lieu of official residence has
remained static since 1986. This Act as a serious disincentive for
Judges to occupy their own houses and accept the facility of House
Rent Allowance (HRA). Accordingly, it was further proposed to
increase HRA to Rs. 10,000/- p.m. in respect of the High Court and
Supreme Court Judges.
The rates of pension of the Judges of the High Courts and the Supreme
Court were last enhanced w.e.f. the 1st November, 1986 by the High
Court and Supreme Court Judges (Conditions of Service) Amendment Act,
1986. The Vth Central Pay Commission recommended revision in the
pensionary benefit of the Central Govt. employees including the
Members of the All India Services. The revised pension rules have
come into force on the first day of January, 1996. In view of the
foregoing, a necessity was felt to increase the pension, additional
pension and maximum pension of the Judges of the High Court and the
Supreme Court suitably.
In the case of a Judge who has been elevated from the Bar, existing
provision provides for computation of death-cum-retirement gratuity
amounting to 20 days' salary for each completed year of service unlike
on half-yearly basis applicable to in the case of a Central Government
employee. It was proposed to grant ten days' salary as gratuity for
each complete4d one-half year of service.
It was also decided to remove the ceiling of Rs. 8000 per annum as
special additional pension in compliance with the order dated the 20th
January, 1991 of the Supreme Court of India in the matter of Justice
M.L. Jain Vs. Union of India.
This Act, therefore, amended the High Court Judges (Salaries and
Conditions of Service) Act, 1954 and the Supreme Court Judges
(Salaries and Conditions of Service) Act, 1958 to achieve the above
objectives.
(25) The Customs (Amendment) Act, 1998 (8 of 1999): Section 75A of
the Customs Act, 1962, which was inserted by the Finance Act, 1995
provides that where any drawback payable to a claimant under section
74 or section 75 of the Customs Act as the case may be, is not paid
within a period of three months from the date of filing of claim to
the date of payment of such drawback, there shall be paid to the
claimant in addition to the amount of drawback interest fixed under
section 27A of the said Act from the date after the expiry of the said
period of three months till the date of payment of such drawback.
With a view to arrest the declining trend in exports, several measures
were announced by the Government in the recent past to give a special
package of measures for boosting exports. One of the measures
includes a commitment on the part of the Government to pay interest to
exporters if Government dues by way of duty drawback is delayed beyond
two months. Thus, with a view to reduce the time-limit from three
months to two months as given under section 75A of the Act, it was
necessary to amend that section. The reduced time-limit of two months
instead of the present three months will expedite the process of
payment of drawback, and, thereby emphasise the urgency of delivering
export related benefits to the exporters within shortest possible
time.
Simultaneously, it was proposed to empower the Central Government to
levy interest where the claimant has been sanctioned drawback
erroneously, if such drawback is no refunded by him within a period of
two months, instead of the present three months.
The amendments will expedite the process of payment of drawback and
realization of revenue.
This Act seeks to achieve the above objects.
(26) The Income-tax (Second Amendment) Act, 1998 (11 of 1999): This
Act amends the Income-tax Act, 1961. The amendments made in the said
Act are intended to extend and clarify certain fiscal incentives and
to remove some anomalies in certain sections of the Income-tax Act.
Section 2 amends clause (23G) of section 10 of the Income-tax Act.
This clause was amended by the Finance (No. 2) Act, 1998 to provide,
inter alia, that the exemption under this clause shall be available in
respect of the investments made on or after the 1st day of June, 1998
only in an enterprise which is wholly engaged in the business of
developing, maintaining and operating an infrastructure facility and
which has been approved by the Central Government. However, the
amended provision generated apprehension among the tax payers that the
benefit would not be available to investments made prior to 1.6.1998.
The amendment seeks to clarify that the exemption available under said
clause (23G) of Section 10 in respect of income from investment made
before the 1st day of June, 1998 shall continue to be governed by the
provisions of the said clause as it stood immediately before its
amendment by the Finance (No. 2) Act, 1998.
Section 3 amends section 10A of the Income-tax Act. Under the
existing provisions, tax holiday is available, to newly established
industrial undertakings set up in free trade zones and, to units set
up in software technology parks for five years out of the block of
initial eight years, subject to fulfilment of certain conditions.
This amendment extends the period of tax holiday from five years to
ten years in order to give added thrust to exports. Section 4
similarly extends the five year tax holiday period to ten years to the
export-oriented units under section 10B of the Income-tax Act.
Section 5 amends section 32 of the Income-tax Act. With a view to
remove sluggishness in commercial vehicles sector, the proposed
amendment seeks to provide that depreciation on commercial vehicles
acquired by the assessee on or after the 1st day of October, 1998 but
before the 1st day of April, 1999 and put to use before the 1st day of
April, 1999 for the purposes of business, shall be allowed at full
percentage prescribed for such assests, irrespective of the period of
user of the assets during the relevant year.
Sections 6 and 7 amend sections 44AD and 44AE of the Income-tax Act
respectively. These sections provide a presumptive basis to bring to
tax the profits and gains arising from certain business. These
sections allowed option to the assessees to declare a lower profit to
tax than the profits determined on presumptive basis, subject to the
condition that evidence in support of the profits so declared was
furnished by the assessee and thereupon the assessment would be
completed by scrutiny under section 143(3) of the Act. This option to
declare the lower profit was withdrawn by the Finance Act, 1997 with
effect from 1.4.1997. With a view to harmonize these provisions with
sections 44AA and 44Ab which provide for compulsory maintenance and
audit thereof in such cases with effect from 1.4.1998, these
amendments extend the benefit of option for offering lower profit
under these sections for the assessment year 1997-98.
Section 8 amends section 80P of the Income-tax Act. Under the
existing provision, profits derived by a co-operative society engaged
in the marketing of agricultural produce of its members are fully
deductible in computing the taxable income under section
80P(2)(a)(iii) of the Income-tax Act. The deduction was intended for
primary co-operative societies marketing the agricultural produce of
their farmer members. In the case of Kerala State Cooperative
Marketing Federation Vs. Commissioner of Income-tax, the Hon'ble
Supreme Court held that the use of words "of its members" in the
relevant clause would mean the agricultural produce belonging to the
members and not necessarily grown by them. Interpretation given to
the use of the words in the provision is not in accordance with the
legislative intent of the existing provision. In respect of income
arising from transactions with non-members, the co-operatives are not
different from other assessees, and such co-operatives are required to
be taxed in the same manner as companies or other assessees engaged in
marketing of agricultural produce. If an amendment in section
80P(2)(a)(iii) was not made. The amendment, therefore, replaces the
words "of its members" by the words "grown by its members". The
amendment restricts the deduction to the profits derived by a
cooperative society engaged in the marketing of agricultural produce
grown by its members.
CENTRAL ORDINANCES, 1998-99
1. The National Institute of Pharmaceutical Education and Research
(Second) Ordinance, 1998 (9 of 1998).
2. The Payment of Gratuity (Amendment) Ordinance, 1998 (10 of 1998).
3. The High Court and Supreme Court Judges (Conditions of Service)
Amendment Ordinance, 1998 (11 of 1998).
4. The Representation of the People (Amendment) Ordinance, 1998 (12
of 1998).
5. The Essential Commodities (Amendment) Ordinance, 1998 (13 of
1998).
6. The Electricity Regulatory Commission Ordinance, 1998 (14 of
1998).
7. The Central Vigilance Commission Ordinance, 1998 (15 of 1998).
8. The Prasar Bharati (Broadcasting Corporation of India) Amendment
Ordinance, 1998 (16 of 1998).
9. The Oilfields (Regulation and Development) Amendment Ordinance,
1998 (17 of 1998).
10. The Central Vigilance Commission (Amendment) Ordinance, 1998 (18
of 1998)
11. The Companies (Amendment) Ordinance, 1998 (19 of 1998).
12. The Finance (No.2) Amendment Ordinance, 1998 (20 of 1998).
13. The Companies (Amendment) Ordinance, 1999 (1 of 1999).
14. The Prasar Bharti (Broadcasting Corporation of India) Amendment
Ordinance, 1999 (2 of 1999).
15. The Patents (Amendment) Ordinance, 1999 ( 3 of 1999 ).
16. The Central Vigilance Commission Ordinance Act, 1999 ( 4 of 1999)
17. The Urban Land (Ceiling & Regulation) Repeal Ordinance, 1999 (5
of 1999)
18. The Salary, Allowances and Pension of Members of Parliament
(Amendment) Ordinance, 1999 ( 6 of 1999 ) :
SUBORDINATE LEGISLATION
During the period under review (1998), the number of statutory rules,
orders and notification vetted by this Department was 2355.
CONCURRENT FIELD LEGISLATION
6. (1) The work relating to processing of legislative proposals in
respect of the following subject in the concurrent fields (list III of
the Seventh Schedule to the Constitution) has been allocated to this
Department under the Government of India (Allocation of Business)
Rules, 1961:-
(a) Marriage and Divorce,infants and minors, adoption, wills,
intestacy and succession, joint family and partition.
(b) Transfer of property, other than agricultural land (excluding
benami transactions), registration of deeds and documents
(c) Contracts, but not including those relating agricultural land.
(d) Actionable wrongs.
(e) Bankruptcy and insolvency,
(f) Trusts and Trustees : Administrator General and Official Trustees
(g) Evidence and Oaths
(h) Civil procedure including limitation and arbitration and
(i) Charitable and religious endorsements and religious institutions.
2. Legislative proposals relating to the above subjects sponsored by
the State Governments and which by virtue of the provisions of Clause
(2) of Article 254 of the Constitution require assent of the
President, also scrutinised by this Department. During the calender
year, 1998, 85 references relating to State Bills / Ordinances were
dealt with.
TRAINING IN LEGISLATIVE DEPARTMENT :
7 (i) The Training facilities in the Legislative Drafting are
available under the Commonwealth Fund for Technical Co-operation
(CFTC) which offers such training facilities, on regional basis, to
the countries in the Asian / African regions. The training courses in
the Legislative Drafting were introduced under the CFTC on the
recommendation of the Conference of Law Ministers of the Commonwealth
Countries held in United Kingdom in 1973. The CFTC programme for
training of legislative drafting has been in existence since 1974 and
has conducted courses so far in different state capitals including New
Delhi, Colombo, Harare, Dhaka and Barbados.
INSTITUTE OF LEGISLATIVE DRAFTING AND RESEARCH :
(ii) With a view to increasing the availability of trained legislative
drafts persons in the country, the Institute of Legislative Drafting
and Research was established as a Wing of the Legislative Department,
Ministry of Law and Justice in January, 1989. The Institute has been
imparting theoritical as well as practical training in Legislative
Drafting under four separate courses namely:
(a) Basic Course in Legislative Drafting of 6 months duration for
officers of the State Governments / Union Territory Administrations.
(b) Advance Course of 3 months duration for the senior level officers
of the State Government / Union Territory Administrations.
(c) Referesher course of short duration (in the nature of the
workshop) for the senior level officers of State Governments / Union
Territory Administration.
(d) Appreciation Course of two weeks' duration for the Officers of the
various Central Government Ministries / Departments.
The Institute also arranges awareness programmes for the benefit of
law students of various universities visiting it.
TENTH BASIC COURSE IN LEGISLATIVE DRAFTING :
(iii) During the year, the Tenth Basic Course in Legislative Drafting
was organised for a period of six months ( i.e. from April, 1998 to
September, 1998 ) for the benefit of the officers deputed by the State
Government, Union Territory Administrations. An officer each from the
States of Haryana, Kerala and Madhya Pradesh and two officers each
from the States of Meghalaya, Nagaland, Sikkim and one officer from
the Official Languages Wing of this Department (totalling ten
officers) successfully completed the Course.
EIGHTH APPRECIATION COURSE
(iv) The Eighth Appreciation Course meant for the Central Government
Officers of the level of Deputy Secretary, Under Secretary and Desk
Officers/Section Officers was organised from the 9th November, 1998.
As regulations under various statutes are framed by the statutory
bodies, the training was also extended to the officers of Public
Sector Undertakings/Subordinate offricers under various
Ministries/Departments of Government of India so as to enable them to
learn drafting of such legislations. Eleven officers from different
Ministries/Departments and one from a Public Sector Undertakings took
part in the training programme.
AWARENESS PROGRAMME
(v) The institute arranged awarness programme in Legislative Drafting
for the benefit of law students from University of Burdwan (West
Bengal) who visited the institute in September, 1998.
IMPARTING OF PRACTICAL TRAINING TO FOREIGN TRAINEES OF BUREAU OF
PARLIAMENTARY STUDIES AND TRAINING
(vi) The Bureau of Parliamentary Studies and Training, Lok Sabha
Secretariat organises every year an international training programme
in Legislative Drafting of about two and half months duration for
various foreign parliamentary/Government Officials and Officials of
Parliament and State Legislature Secretariats of India with a view to
equipping them with the basic concept skills and tecniques, required
for drafting of legislation so that they can render valuable
assistance to the Legislators when called upon to do so. As part of
the said training programme the institute of legislative Drafting and
Research has been giving on the job practical training in the
Legislative Drafting on an attachment basis. This year, the Bureau
has ten trainee officers of foreign countries and one from the
Parliament Secretariat and one from State Legislature Secretariat.
The Institute has given on the job practical training to them from the
4th January, 1999 to 15th January, 1999.
COMPUTER TECHNOLOGY IN THE FIELD OF LEGISLATION, ETC. - INDIA CODE ON
INTERNET AND NICNET.
(vii) In house training programme in computer operations, has been
conducted for the benefit of officers / staff of the legislative
department for enabling them to progressively use the computer systems
in their office work. All the Ordinances, Presidential Regulations
and the Government Bills have been processed with the facilities now
available on Computers.
India Code consists of unrepealed Central Acts of all-india
application. The entire India Code has been made available on NICNET
and INTERNET. The Department is acclimatising itself with the
retrieval programme developed by the National Informatics Centre (NIC)
Planning Commission (having data base of the statute book and
retrieval of Acts of Parliament for use in Legislature drafting and
updating the Acts of Parliament by carrying out their amendments. To
have accurate text of the entire data realting to India Code, action
is at hand in updating them in consultation with the Govt. The said
retrieval system alongwith Homepage which is being updated from time
to time is accessible on NICNET and INTERNET.
ISSUES RELATING TO ELECTION LAWS :
(i) Use of Electronic Voting Machines - The Electronic Voting Machines
were used in 16 constituencies spread in the Union Territory of States
and States of Madhya pradesh and Rajasthan during General Elections to
the Legislative Assemblies held on 25-11-1998. The Constituencies in
the state of Madhya Pradesh where the Electronic Voting Machines were
used were 15 Gwalior, 16 Lashkar East, 17 - Lashkar West, 239 Bhopal
South and 240 Bhopal North. In the State of Rajasthan, the
constituencies where the Electroning Voting Machines were used were 41
- Hazwamahal, 42 - Johri Bazar, 43 - Kishanpol, 95 - Ajmer East (SC)
and 96 - Ajmer (West) and in Delhi Sarojini Nagar, Gole Market, Minto
Road, Kasturba Nagar, Jangpura and Delhi Cantonment area were the
constituencies where the Electronic Voting Machines were used. The
performance of the E.V.M. was found to be satisfactory and dhere use
was greatly appreciated by the public.
(ii) Proxy voting for the Members of the Armed Forces - The Election
Laws (Amendment) Bill, 1998 was introduced in Lok Sabha on 22.12.1998
to provide that the Members of the Armed Forces and Paramilitary
forces would have an additional option to vote by proxy. Earlier they
had the option to either vote in person or through the postal ballot.
The Election Commission of India keeping in view the fact that with
the enactment of the Representation of the People (Amendment) Act,
1996, the minimum campaign period has been reduced from 20 days to 14
days and keeping in view the logistic constraints involved in
despatching postal ballots to Members of the Armed Forces through
their Record Officers and receiving those ballot papers back before
counting process commences, recommended that the Member of Armed
Forces in order to ensure their full participation in the electoral
exercise, may be allowed to vote by proxy, instead of postal ballot.
The Government, accordingly, decided to provide an option to the
Members of the Armed Forces of the Union and of forces to which the
provisions of the Army Act, 1950 has been made applicable, whether
with or without modifications, to vote either in person or through the
system of postal ballot or through the system of proxy, at an election
in the manner to be specified in the rules.
RESERVATION OF SEATS FOR WOMEN IN THE HOUSE OF THE PEOPLE AN YHE
LEGISSLATIVE ASSEMBLIES OF THE STATES
(iii) The Constitution (Eighty-fourth Amendment) Bill, 1998 was
introduced in Lok Sabha on 14.12.1998 to provide for one-third
reservation of seats for women in Lok Sabha anndd Legislative
Assemblies of the States.
ELECTORAL REFORMS
(iv) The Representation of the People (Amendment) Act, 1998 was
enacted to provide that, apart from local authorities, any
innstitution, concern of undertaking established by or under a
Central, Provincial or State Act, any company as efined in section 617
of the Companies ACt, 1956 or any institution, concern or undertaking
which iss controlled or financed wholly or ssubssantially by funds
provided, directly or indirectly , by the Central Government or a
State Government, shall make available their staff for election
duties. The Act replaced the Representation of the People (Amendment)
Ordinance, 1997 (Ord. 23 of 1997) which was repromulgate as the
Representation of the People (Amendment) Ordinance, 1998 (Ord. 12 of
1998).
In addition, Government held a meeting with political partiess on
22.5.1998 to discuss various proposalss on electoral reform and
consequent upon a decision taken in that meeting, an 8 Member High
Powered Committee under the Chairmanship of Shri Indrajit Gupta,
Member of Parliament, was constituted to:-
(a) examine the pattern of State Funding in other countries where it
is in vogue an suggest concrete proposals for providing State Funding
to candidates set up by recognized political parties;
(b) examine, in detail, the following related proposals an make
suitable recommendations:
(i) maintainance of accounts by political parties;
(ii) ban on donation by companies to political parties;
(iii) inclusion of expenses of political parties in the election
expenses of candidates for purpose of ceiling on election expenses;
and
(iv) empowering of the Election Commission of India to fix ceiling on
election expenses before every General Election.
The Committee consisted of the following members:-
(1) Shri Indrajit Gupta, M.P. (Chairman) (2) Shri Somnath Chatterjee,
M.P.(Member) (3) Dr. Manmohan Singh, M.P.(Member) (4) Shri V.K.
Malhotra, M.P.(Member) (5) Shri Madhukar Sarpotar, M.P.(Member) (6)
Shri R. Muthiah, M.P. (Member) (7) Shri Digvijay Singh, M.P.(Member)
(8) Prof. Ram Gopal Yadav, M.P. (Member).
The Committee has submitted its recommenationss to the Government on
14th January, 1999. It has, inter alia, suggested partial State
funding of elections, in kind, to the candidates set up by the
recognised political parties.
Pursuant to another decisionnn taken in the aforesaid meeting of
political parties, Governnment has writtenn to the Election Commission
of India to review and reformulate, the Model Code of Conduct, so
reformulated could be considered for giving statutory effect. In
addition, the Election Commission of India has also been requested to
review its order relating to Reservation and Allotment of Symbol in
consultation with political parties.
SHARING OF ELECTION EXPENDITURE WITH STATE/UNION TERRITORY GOVERNMENT
9.The entire expenditure on elections is initially met by Governments
of the concerned States and Union Territories ( with Legislatures)
from the respective Consolidated Funds. The share of the Central
Government in the expenditure is apportioned by Accountant Generals in
accordance with principles mutually agreed upon between the Centre and
the State Government/Union territory Administrations. According to
these principles, the expenditure on preparation and printing of
electoral rolls, election establishment and election material of
common concern and Photo Identity Cards is shared equally between the
Government of India and the State Government/Union territory
Administrations. The expenditure on the conduct of elections is also
shared equally if the elections are held simultaneously to the House
of the People and Legislative Assemblies of the States or Union
territories. The entire expenditure is borne by the Govt. of India
in respect of election to the House of the People and by the State /
Union Territory Administrations in respect of election to the
legislative assemblies. The entire expenditure in respect of Union
Territories having no legislature is borne by the Govt. of India.
Similarly, the entire expenditure on the conduct of elections to Rajya
Sabha and to offices of the President and the Vice-President is also
borne by the Government of India.
MODIFIED EDITIONS OF STATUTES
10 (i) The Department brings out from time to time, modified editions
of Central Acts and some other important publications like
Constitution of India,Manual of Election Law, Orders issued under the
Constitution of India, etc. All the Central Laws up to the year, 1958
have been compiled for bringing out in the form of Bharat Sanhita (
Revised edition of India Code) in diglot form. The Statement of
objects and Reasons appended to the principal bills have also been
added at the end of each Act included in the revised edition of India
Code.
L.......I........T.......T.......T.......T.......T.......T.......T...J
(ii). Volumes I, II, IV, V, XI, XIII, XV of the revised
edition of India Code have been published. Volumes III, VI, VII,
VIII, IX, X, XII XIV, XVI, XVII, XVIII, XIX, XX, XXI and XXII are
under Print.
(iii). The Annual Volume of Central Acts in Book form for the
year 1995-96 have been printed and Annual Volume for the year 1997 is
under Print.
(iv) The Constitution of India (pocker size) is under print.
(v) The Manual of Election Law (revised edition) in diglot
form has been printed.
(vi) Seven Modified editions of the Central Acts have been
published and six modified editions are under print during the period
under - report.
PUBLICATION OF SUBORDINATE LEGISLATION UNDER VARIOUS ACTS
14. Pursuant to the recommendations of the Parliamentary
Committee on Subordinate Legislation, a scheme for maintaining
Subordinate Legislation up-to-date and making the same available
expeditiously to the public had been formulated. As Subordinate
Legislation under an enactment is issued by the Ministry or Department
which is administratively concerned under the said scheme, the
Administrative Ministries are required to maintain folders containing
up-to-date copies of all rules, orders and notifications issued by
them. The Legislative Department, while preparing the revised edition
of any Central Act, also independently compiles, on the basis of
material available with it, an manuscript of booklet containing all
the Subordinate Legislation under Act and sends the same to the
Administrative Ministry concerned with the Act. The Administrative
Ministry has to scrutinise the manuscript, finalise it and get it
published. While the revised edition of an Act is published by the
Legislative Department, the Subordinate Legislation under the Act is
published by the Administrative Ministry.
Compilation of Subordinate Legislation under one Act has been
published by the Administrative Ministry as companion volumes to the
Acts published by the Legislative Department. Manuscripts of
Subordinate legislation under 26 Acts are at an advanced stage of
printing. Manuscripts of Subordinate Legislation under 05 Acts are
under preparation in this Department, list of these are at ANNEXURE II
MAINTENANCE OF CENTRAL AND STATE CODES, ETC.
12. Correction Section of this Department is responsible for
maintenance and up-dating of the Central Legislations, such as, India
Code, Central Acts ( not included in the India Code ), Constitution of
India, Manual of Election Law, General Statutory Rules and Orders, and
for maintaining the Central Ordinances, Regulation, President's Act
and State Acts. The section maintains Master Copies of the India Code
which, inter alia, contains unrepealed Central Acts for reference in
the Ministry of Law and Justice ( Department of Legal Affairs and
Legislative Department) and by the Ministers and other Legal Officers
of the Government of India. These are valuable references books.
EDITING OF MANUSCRIPTS OF BILLS, ORDINANCES, ETC.
13. The editing of manuscripts and checking proofs of Bills,
Ordinances, Regulations, President's Bills, Adaptation Orders, Orders
issued under the Constitution of India. Delimitation of Council
Constituencies Orders is done by the Printing Sections. Bills which
are required to be introduced in a short time are also printed on
behalf of the House of the People or the Council of States. Editing
and proof-checking of the publications like the Constitution of India.
Manual of Election Law, Revised edition of India Code, Annual Volume
of Central Acts. Modified editions of Central Acts, Annual Reports,
etc., are also done in these sections. These sections are also
responsible for the publication of Central Acts,
Ordinances,Regulations, President's Acts, etc., in the Gazette of
India and their subsequent reprints as publication for sale.
OFFICIAL LANGUAGES
14. The Official Language Section of the Legislative
Department is concerned with the overall aspects of work relating to
official language in the official work. This includes policy as also
programme. This Section processes proposals to secure authentication
by the president of the translation of Central Acts in Hindi as well
as regional languages before publication in the Official Gazette.
Approval for Hindi translation is required under Section 5(1)(a) of
the Official Languages Act, 1963 and for regional languages under
section 2(a) of the Authoritative Texts ( Central Laws) Act, 1973.
During the period from 1.4.1998 to 30.11.1998, the section processed
in all 34 Central Acts in Hindi and 58 in regional languages.
The Legislative Department has been declared as notified
office on 29.4.1979 under rule 10(4) of the Official Languages (Use
for Official Purposes of the Union) Rule, 1976.
OFFICIAL LANGUAGES WING :
15. Background and Functions: During the national
independence movement it was felt that only political freedom will not
be sufficient to prove to the world that we are an independent
Nation/State. An independent Nation / State is one which does not
have to depend upon other languages (or the language of the foreign
rulers) to manage its affairs. Keeping this in mind the Constituent
Assembly adopted Hindi in Devanagari script as the Official Language
of the country on the 14th September, 1949. With the enforcement of
the Constitution on 26th January, 1950, Hindi became the Official
Language of the Union of India according to Article 343 of the
Constitution. On the recommendations of the Committee of Parliament
on Official Language, the President issued an order to the Ministry of
Law to constitute a Standing Commission legal experts. In pursuance
of the directive issued by the President, the Official Languages
(Legislative) Commission was constituted in the year 1961.
Later on, the Government decided to departmentalise this work
and put it on a permanent footing. With this objective the Commission
was abolished and the Official Languages Wing was created as a part of
the Legislative Department. All those functions which were earlier
assigned to the Commission have been entrusted to the Official
Languages Wing besides some other functions. This was done with
effect from the 1st October, 1976.
The principal functions assigned to the Official Languages
Wing of the Legislative Department are :
(i) to prepare and publish a standard legal terminology for
use, as far as possible, in all official languages;
(ii) to prepare authoritative texts in Hindi of all Central
Acts and Ordinances and Regulations promulgated by the President;
(iii) to prepare authoritative texts in Hindi of all rules,
regulations and orders made by the Central Government under any
Central Act or any Ordinance or Regulations promulgated by the
President;
(iv) to prepare authoritative texts of all Central Acts and
Ordinances and Regulations promulgated by the president in the
respective Official Language of the States and to arrange for the
translation of all Acts passed and Ordinances promulgated in any State
into Hindi, if the texts of such Acts or Ordinances are in a language
other than Hindi; and
(v) to perform such other duties as may be assigned to it by
the Government of India from time to time.
Subsequently following functions have also been added:-
(1) Translation in Hindi of deeds, legal documents like
contracts, agreements, leasses, bonds, mortgages, etc;,
(2) Translation into Hindi of all statutory Notifications
under section 3(3) of the Official Languages Act, 1963;
(3) Translation into Hindi of Statutory Rules issued by
Government of Non-Hindi speaking states for being laid before
Parliamennt when such states are under presidential rule.
(4) Translation into Hindi of all the Parliament
questions/answers, assurances etc. relating to the Ministry of Law,
Justice and Company Affairs.
(5) Training in Legislative Drafting in Hindi to officers from
Hindi speaking states;
(6) Work relating to Coordinating Committee of Hindi speaking
states for ensuring effective coordination in the evolution of uniform
legal phraseology and model of standard clauses in Hindi and
publication thereof;
(7) Work relating to Hindi Salahkar Samiti of the Ministry of
Law, Justice & Company Affairs and providing Grants-in-Aid to
Voluntary Organisations for promotion of Official languages in the
field of law.
(8) Publication of diglot editions of Central Acts (with
legislative history) and popularisation thereof.
(9) Preparation and maintenance of India Code in Hindi (Bharat
Sanhita) and also in diglot form.
(10) Publication of regional languages versions of the
Constitution of India and arranging functions for the release thereof.
LEGAL GLOSSARY
The work of developing and publishing 'Legal Glossary' is a
continuous process. Since the inception of Official Languages (
Legislative) Commission in 1961, five editions of Legal Glossary have
been brought out and every successive edition was larger in size.
While the first edition (1970) contained 20,000 entries, the fifth
edition (1992) of Legal Glossary contained 61,000 entries spread over
in seven parts. The Legal Glossary brought out by the Official
Languages Wing has received wide acclaim by discerning men of law and
letters. Work on bringing out another enlarged edition of legal
glossary has already been started.
CONSTITUTION OF INDIA
The diglot edition of the Constitution of India was first
published in 1988. The second edition of the same was published in
1990. The third edition of the Constitution of India was brought
up-to-date in 1991. A supplement to the Constitution of India in
diglot form had also been brought out in 1994 containing the
Constitution (Sixty-ninth Amendment) Act, 1991 to Constitution
(Seventy-fifth Amendment) Act, 1993. In 1996, another edition of the
diglot version was brought out incorporating all the amendments up to
and inclusive of the Constitution (Seventy-eighth Amendment) Act,
1995. A separate edition of the Constitution of India in A-4 size has
already been published and pocket size of the same is in the process
of printing.
BHARAT SANHITA
All the Central Laws have been compiled and brought out in the
form of India Code in handy-volumes. The last edition of India Code
consisting of eight volumes was published in 1959. Action has already
been initiated for bringing out Bharat Sanhita (Revised edition of
India Code) in diglot form. This will consist of about 60 volumes and
will contain Hindi and English versions of Central Acts of general
importance in chronological order. One of the salient features of
these codes will be that the Statement of objects and reasons appended
to the principal Bill has also been added at the end of each Act
included in the revised edition of India Code.
Volumes I, II, IV and V, XI, XII and XV of the revised edition
of India Code have already been published by Official Languages Wing.
Volumes III, VI, VII, VIII, IX, X, XII, XIV, XVI, XVIII, XIX, XX are
at the different stages of printing.
PREPARATION AND PUBLICATION OF AUTHORITATIVE TEXTS OF CENTRAL
ACTS
As mentioned earlier, the task of publication of authoritative
texts of Central Acts in Hindi developed on the Official Languages
Wing. During the period under report, 49 Acts have been published in
the Official Gazette as authoritative texts thereof in the Hindi
Language under section 5(1)(a) of the Official Languages Act, 1963
(Annexure), total number of such Acts have gone up to 1765.
PREPARATION AND PUBLICATION OF AUTHORISED TRANSLATION OF
PRESIDENT'S ACTS, ORDINANCES AND REGULATIONS:
The Hindi versions of 27 Ordinances, 7 Notes for the Cabinet
consisting of 394 pages were also prepared by this Wing.
CONSTITUTION ORDERS:
The Hindi version of all the Constitution orders, which were
issued during the said period, have also been prepared by this Wing.
PUBLICATION OF DIGLOT EDITIONS OF CENTRAL ACTS:
Central Acts, for which there is a likelihood of public
demand, are published by the Official Languages Wing in diglot form.
During the year 1998, four such acts have been printer so far. Out of
these, one Act has been printed for the first time and three acts have
been printed twice and even more.
AUTHORISED HINDI TRANSLATION OF BILLS:
Sub-Section (2) of section 5 of the Official Languages Act,
1963 which was brought into force on 1st October, 1976, required that
all Bills to be introduced or amendments thereto to be moved in either
House of Parliament shall be accompanied by a translation of the same
in Hindi. During the period under review, the Hindi version of 71
Bills comprising 1751 pages were supplied to the Houses of Parliament.
GENERAL STATUTORY RULES AND ORDERS (G.S.R.O) :
Sub-section (3) of section 3 of the Official Languages
Act,1963 is a very important provision. It lays down the foundation
for bilingual working of the Central Government. Under clause (i) of
that sub-section, all resolutions, general orders, rules,
notifications, etc., issued or made by the Central Government must be
in both Hindi and English. The Official Languages Wing of the
Legislative Department has been entrusted with the job of preparation
of such statutory rules and orders, etc., in Hindi for simultaneous
publication in the Official Gazette. It may be noted that no
notification can be published in the Gazette of India in English
alone. It has to be published in English and Hindi and that too
simultaneously. During the period under report, the number of pages
of such rules, notifications, etc.. were 8051.
PREPARATION AND PUBLICATION OF AUTHORITATIVE TEXTS OF RULES,
REGULATIONS, ORDERS, ETC. :
Clause (b) of sub-section (1) of section 5 of the Official
Languages Act requires that a translation in Hindi, published under
the authority of the President in the Official Gazette of any order,
rule, regulation or bye-law issued under the Constitution or under any
Central Act shall be deemed to be the authoritative text thereof in
Hindi. Upto 31st December, 1998, the Official Languages Wing has
prepared the translation of 802 such rules, regulations, orders, etc.,
in Hindi. Out of them, the authoritative texts of 798 rules, etc.,
have been finalised and published in the Official Gazette.
PREPARATION AND PUBLICATION OF SUBORDINATE LEGISLATION IN
DIGLOT FORM:
Pursuant to the recommendation of the Committee on Subordinate
Legislation, a scheme for preparation of Subordinate Legislation and
making the same available to the public has been formulated by the
Government. A subordinate legislation under an enactment is issued by
the Ministry or Department, which is administratively concerned, the
official Language Wing prepares and sends the Hindi version of such
subordinate legislation which is required by the Administrative
Ministries or Departments for publication in diglot form. Some such
compilations of subordinate legislation have been published by the
Administrative Ministries or Departments as companion volumes to the
Act e.g., the Income-tax Manual, Wealth-tax Manual, the Gift-tax
Manual, the Estate Duty Manual, the Companies ( Profits) Surtax
Manual, Compilation of Fundamental Rules and Supplementary Rules,
Compilation of Railway Services ( Pension) Rules, Compilation of Rail
Road Tariff Rules, etc.
The Official Languages Wing, while preparing the revised
edition of the Central Acts, which are of public importance, also
independently compiles on the material available with it, the
manuscript of diglot edition of the Act containing subordinate
legislation under that Act. The few names of such Acts are:
(1) The Official Languages Act, 1963, (2) The Dowry
Prohibition Act, 1961, (3) The presidential and Vice-Presidential
Elections Act, 1952, (4) The Food Adulteration Act, 1954, (5) The
Citizenship Act, 1955.
MAINTENANCE OF CENTRAL CODES, ETC.:
The Correction Section of the Official Languages Wing
maintaining 18 sets of India Code as well as Bharat Sanhita. Besides,
it also keeps other important manuals up-to-date for reference by
officers in this Wing. Apart from this, this section also maintains
different parts of the Central Gazette for ready reference. This
Section has also prepared uptodate Hindi version of volumes, XX, XXI,
XXII of India Code for publication in diglot form. The work of
preparing Hindi manuscript of Volume XXIII of India Code in diglot
form is at hand.
In addition, this Section ---
(a) also supplied up-to-date copies of about 89 Central Acts
to various State Governments for translation into various Regional
Languages;
(b) has also distributed the Gazette copies of Hindi versions
of 9 Central Acts to Hindi speaking states for publication in their
state Gazettes.
EDITING OF MANUSCRIPTS OF BILLS, ACTS, ORDINANCES, DIGLOT
EDITIONS, ETC., AND PUBLICATION THEREOF:
The Printing Section of the Official Languages Wing is
primarily concerned with the editing of manuscripts and checking of
proofs of Bills, Ordinances, Regulations, President's Acts, etc.,
issued under the Constitution of India, Delimitation of Council
Constituencies Orders, etc., Bills which are required to be introduced
in a short time are also printed on behalf of the House of the people
or the Council of States. Editing and proof-checking of the
publications in diglot form of the Constitution of India. Manual of
Election Law, Revised edition of India Code, modified diglot edition
of Central Acts, statutory rules and orders, Annual Reports, etc., are
also done in this section. This section is also responsible for the
printing and publication of Central Acts, Ordinances, Regulations,
President's Acts, etc., and their subsequent reprints in diglot form
as publication for sale. This section discarged all its
responsibilties during the year under review.
In addition to the aforesaid work, the Printing Section of the
Official Languages Wing is also performing the duties of the
Publication Section.
PREPARATION AND PUBLICATION OF STANDARD LEGAL DOCUMENTS:
The Official Languages Wing of the Legislative Department is
meant for the translation of statutory material of Government
Departments and Offices. However, the section 3(3)(iii) of the
Official Languages Act, 1963 requires that both Hindi and English
languages are to be used for agreements, contracts leases, bonds,
tenders, etc. In order to facilitate compliance with the requirements
of the said Act, the Official Languages Wing prepares for various
Ministries/Departments of the Central Government, the Hindi version of
such documents, with a view to achieve uniformity in the translation
of Standard Legal Documents in use by the Central Government offices,
This Wing has prepared and published Eight Volumes of the repeatedly
used Legal Documents in diglot form till date. These volumes have
rendered sufficient assistance in the use of official language Hindi.
These compilations were received well, not only by various Departments
and Ministries but also by the Government Undertakings and State
Governments.
The Official Languages Wing also prepares for the day-to-day
use of various Departments of the Central Government, the Hindi
version of such documents. During the period under report, the Hindi
version of 1206 pages of Parliament Questions of this Ministry and
such documents have been supplied to different Ministries/Departments.
ESTABLISHING THE INDIAN LANGUAGES IN THE SPHERE OF LAW:
The Official Languages Wing is constantly doing and/or getting
done the work of translation of Central Acts into Hindi and other
languages. So far as the regional languages are concerned, this work
is being done with the cooperation and consent of the various State
Governments. Regarding these languages, this work is being done in a
planned way by preparing the list of important Central Acts.
Apart from Hindi language, the Official Languages Wing has so
far published the Constitution of India in thirteen other languages,
namely, Assamese, Bengali, Gujarati, Kannada, Malayalam, Marathi,
Oriya, Punjabi, Sanaskrit, Tamil, Telugu, Urdu and Sindhi. More than
one edition of the most of these versions have been published and in
case of Marathi, fourth edition was brought out in 1992.
By the Constitution ( Seventy-first Amendment ) Act, 1992 the
Konkani, Manipuri and Nepali languages have been inserted in the
Eighth Schedule to the Constitution of India. Efforts are being made
to bring out the Konkani, Manipuri and Nepali versions of the
Constitution.
The Official Languages Wing also publishes the authoritative
texts of Central Acts in Regional Languages as envisaged under section
2 of the Authoritative Texts (Central Laws) Act, 1973 ( 50 of 1973 ).
The progress of translation work of the Central Acts in Regional
Languages during the year under report is reflected in the following
Table: -
----------------------------------------------------------------------
S.No. Name of the Translation of No. of Acts Language Acts approved
Authenticated as by O.L. Wing Authoritative Texts
----------------------------------------------------------------------
1. Assamese 08 --
2. Bengali -- 01
3. Gujarati 05 33
4. Kannada 11 06
5. Malayalam 04 04
6. Marathi 09 13
7. Oriya 12 --
8. Punjabi -- 01
9. Tamil -- 41
10. Telugu 06 01
11. Urdu 13 --
--------------------------------------------------------------------
Total 68 100
---------------------------------------------------------------------
WIDE DISTRIBUTION OF CENTRAL ACTS, LEGAL GLOSSARY, ETC.:
This year also the Official Languages Wing has sent to all
Hindi speaking States, Gujarat and Maharashtra as also High Courts in
these States, concerned Ministries/Departments of Government of India,
Andaman and Nicobar Islands, the Nagari Pracharini Sabha, Parliament
Library and other Libraries, the Gazette copies of Hindi version of
Central Acts after they have been authenticated and published in the
Gazette of India. Copies of the Central Acts in diglot form are
regularly sent to all States ( Hindi as well as non-Hindi speaking
States), Supreme Court of India, Parliament Library and all High
Courts.
As per requirement, the copies of the last edition of the
Legal Glossary have been distributed to all officials of the
Legislative Department including the various Ministries, Departments,
Parliament Library, Courts, Official Languages Commissions/Committees
of the States. Vidhi Sahitya Prakashan, Government Undertakings, etc.
WORK RELATING TO THE HINDI SALAHKAR SAMITI:
In pursuance of the Legislative Department's Resolution, the
Government of India re-constituted the Hindi Salahkar Samiti for the
Ministry of Law, Justice and Company Affairs on 18-06-1997. The new
Committee consists of Members from the Lok Sabha and the Members from
the Rajya Sabha. Besides, the committee also includes about 19 other
non-official members and invitees.
The function of the Samiti is normally to advise the Central
Government on matters relating to --
(i) The translation of Central Acts and Statutory rules into
Hindi;
(ii) the evolution of common legal terminology;
(iii) the production of the standard law books in Hindi, for
imparting legal education in Hindi, in Law Colleges and Universities;
(iv) the publication of Law Journals and Reports in Hindi;
and
(v) the matters ancillary and incidental to any of the above
items.
The last meeting of the newly constituted committee was held
on 15-09-1997 under the chairmanship of the then Minister of State for
Law, Justice Shri Ramakant D. Khalap.
GRANTS-IN-AID TO VOLUNTARY ORGANISATIONS:
There is a scheme for the propagation and development of Hindi
and other Indian languages in the field of law, according to which the
voluntary organisation and institutions are provided with
financial-aid. Since 1985, the Official Languages Wing is
implementing such scheme to give financial aid to those Voluntary
Organisations which undertake publication of law books or journals in
Hindi and other Regional Languages.
With a view to ensuring the compliance of the recommendation
of the Hindi Salahkar Samiti, a high powered Committee for Financial
Assistance to Voluntary Organisations have been constituted on 3rd
May, 1995. The tenure of the committee expired on the 2nd May,
1998.Proposal for consituting new committee has been submitted and it
is expected, it will be approved soon.
VIDHI SAHITYA PRAKASHAN:
16.(i) In the year 1958, the Committee of Parliament on
Official Languages had recommended that arrangements be made early to
bring out authorised translations of important judgments of the
Supreme Court and the High Courts and this work ccould be entrusted to
Central Office in Delhi working under the supervision of Law
Department. Thereafter on the recommendation of the Hindi Advisory
Committee, a Journal Wing was set up in the Ministry of Law & Justice
in 1968 with the objective of promoting the use of Hindi in the legal
field. This Wing was subsequently redesignated as "VIDHI SAHITYA
PRAKASHAN"
Initially, a monthly publication of Supreme Court judgments as
marked "REPORTABLE" by the Bench of the Court, delivering the
judgement concerned commenced in April, 1968 and its was designated as
'Uchchatama Nyayalaya Nirnaya Patrika'. Another publication
containing judgement of al the High Courts of India was started in
January, 1969 and it was designated as 'Uchcha Nyayalaya Nirnaya
Patrika'. In 1987 Uchcha Nyayalaya Nirnaya Patrika was bifurcated
into two Patrikas, i.e. Uchcha Nyayalaya Civil Nirnaya Patrika and
Uchcha Nyayalaya Dandik Nirnaya Patrika, Uchchatama Nyayalaya Nirnaya
Patrika contains selected reportable judgments of the Supreme Court
and the Uchcha Nyayalaya Civil Nirnaya Patrika and Uchcha Nayayalaya
Dandik Nirnaya Patrika contains selected judgments of civil and
criminal cases of all the High Courts respectively. These are being
published monthly and the number of Royal Octari size of pages per
month on an average has been for these Patrikas are 700. Due to
phenomenal increase in the volume of the Reportable Judgements of the
Supreme Court, the strength of the Hon'ble Supreme Court Judges rose
from 9 in 1988 to 26 and failure to increase the strength of the
editorial as well as the other requisite staff of the VSP, the
Ministry of Law, Justice and Company Affairs in the Legislative
Department decided only very very important and scrupulously selected
judgements of the Hon'ble High Court shall be published. Digests
based on thse Patrikas are also published from time to time.
A quarterly journal entitled Vidhi Sahitya Samachar' is also
being published which contained detailed information regarding various
activities in the field of law and publications of Vidhi Sahitya
Prakashan. A 'Publication List' containing priced publications of
Vidhi Sahitya Prakashan is also made available to the customers from
time to time.
Apart from the publication of the above three Patrikas, the
Vidhi Sahitya Prakashan is also in charge of the following works,
namely: -
(a) Publication of Law Text Books in Hindi for use in the
academic field and as reference books;
(b) translation of legal classics in Hindi;
(c) awarding of various prizes for the best publications in
the field of law;
(d) sale of Hindi publications of Vidhi Sahitya Prakashan and
Official Languages Wing of the Ministry of Law, Justice and Company
Affairs in the Legislative Department, and
(e) holding of conferences, seminars and exhibitions at
different important places in India, particularly in Hindi speaking
States for popularisation and improvement of legal literature in
Hindi.
In addition, Standard law books in Hindi, written by eminent
authors are also being published by the Vidhi Sahitya Prakashan for
the use of law students, law teachers, lawyers and judicial officers.
In order to give incentive to authors and publishers in the private
sector, prizes are awarded annually for the best publications in Hindi
in the field of law. Seminars in law colleges, District Courts, High
Courts and Law Departments of the State Governments of the Hindi
speaking States are held for the propagation and development of Hindi
in the field of law. Vidhi Sahitya Prakashan also holds exhibitions
of its publications of the Official Languages Wing in different Hindi
speaking States. It also looks after the sale of its publications as
well as the sale of diglot ( English-Hindi ) Central Acts and the
other works Published by Official Languages Wing of the Department.
The details of achievement made during the year under
consideration are set out item-wise in short hereinafter:
Publication of Nirnaya Patrikas: -- During the year
1998-99,it was decided that issues of Judgements of Supreme Court of
India and various High Courts should be prepared on floppies. The new
system of computer were installed and Stenographers have been trained
by National Informatics Centre (NIC). Though it took time to get
familiar with the new system, it is now being done regularly.
During the year 1998-99, the Manuscript of the 35 issues of
Uchchatama Nyayalaya Nirnaya Patrika are under print and one floppy
for January, 1998 issue Uchchatama Nyayalaya Nirnaya Patrika have been
sent to Press. Various issues of Uchcha Nyayalaya Dandik Nirnaya
Patrika since 1993 to 1996 are in various stages of printing. A
floppy for November, 1996 issue have been prepared and sent to the
press for printing. Similarly, various issues of Uchcha Nyayalaya
Civil Nirnaya Patrika from July, 1993 to December, 1993, October, 1994
to December, 1994 and January, 1995 to December, 1996 are lying in
various stages of printing. Floppies of the issues of February, 1997
to May, 1997 have been prepared and sent to the Press for printing.
INDICES : All the four quarterly indices of Uchchatama
Nyayalaya Nirnaya Patrika for the year 1994 have been published Part I
of the Uchcha Nyayalaya Dandik Nirnaya Patrika for the year 1993 have
been published and Part I (Half-Yearly) Uchcha Nyayalaya Civil Nirnaya
Patrika for the year 1993 have been published.
Subscribers of the Patrikas for 1997-98: -
During the year under review, the number of the subscribers of
the Patrikas was as under:-
--------------------------------------------------------------------
Name of the Patrika No. of Subscribers
---------------------------------------------------------------------
Uchchatama Nyayalaya Nirnaya Patrika 776
Uchcha Nyayalaya Civil Nirnaya Patrika 776
Uchcha Nyayalaya Dandik Nirnaya Patrika 776
Vidhi Sahitya Samachar 95
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Digest: -- Five years' ( 1988-92 ) Digest of Uchchatama
Nyayalaya Nirnaya Patrika, three years' (1990-92) Digest of Uchcha
Nyayalaya Dandik Nirnaya Patrika and three years' Digest (1990-92) of
Uchcha Nyayalaya Civil Nirnaya Patrika have been printed and their
price is yet to be fixed by the Ministry.
AWARD OF PRIZES : The Evaluation Committee for the award of
prizes under the Scheme has been reconstituted w.e.f. 26th August,
1997 and during the year 1998-99, awards for the year 1995, 1996 and
1997 have been decided. Besides, an author to write Hindi Book on
Jurisprudence have been recommended. Hindu Vidhi Ke Siddhant, a book
published by the Ministry have been adjudged the best book of the
decade (1983-92). Awards for the books have been increased from Rs.
10,000/- to Rs. 25,000/-. Similarly, awards for the Hindi books,
received from the private sector have been increased.
Books: -- So far 29 Standard Law Books in Hindi have been
published. Print Order for other books namely 'Adhunik Parivarik
Vidhi' and Bhartiya Dand Sanhita have been given for printing and
revised and enlarged editions of four books namely Shram Vidhi (Labour
Laws), Vidhik Upchar (Legal Remedies), Hindu Vidhi (Hindu Law) and
Chikitsa Nyayashastra aur Vish-Vigyan (Medical Jurisprudence and
Taxocology) are in the final stages of printing. The third revised
editions of "Prashasnik Vidhi" and "Sampatti Antaran Adhiniyam" have
been edited and is being sent to press for printing. The third
revised editions of Dand Prakriya Sanhita and Bhagidari Adhiniyam are
being prepared.
..........
