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[EXTRACTION NOTE: This gazette (CG-DL-E-03012024-251103) is a large, continuously-paginated omnibus volume — The Gazette of India Extraordinary, Part II—Section 2 (Bills introduced in / passed by Parliament, and related financial business), No. 27, New Delhi, Tuesday, December 12, 2023/Agrahayna 21, 1945 (Saka). Registered No. DL-(N)04/0007/2003-23. The rendered page images available for this extraction cover only two sampled ranges of the full volume: pages 1-20 and pages 486-525 (the source directory does not contain the intervening pages). The excerpt is entirely in English (no Hindi body to skip in the sampled pages). Content identified below is transcribed from the available pages only; the volume evidently continues for several hundred more pages not rendered in this excerpt.]
REGISTERED NO. DL-(N)04/0007/2003-23
The Gazette of India
CG-DL-E-03012024-251103
EXTRAORDINARY
PART II — Section 2
PUBLISHED BY AUTHORITY
No. 27] NEW DELHI, TUESDAY, DECEMBER 12, 2023/AGRAHAYNA 21, 1945 (SAKA)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
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[Pages 1-3]
LOK SABHA
The following Bills were introduced in Lok Sabha on 12th December, 2023:—
BILL NO. 172 OF 2023
A Bill further to amend the Jammu and Kashmir Reorganisation Act, 2019.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
1. (1) This Act may be called the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. In the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), after section 14, the following sections shall be inserted, namely:—
"14A. (1) Seats shall be reserved for women in the Legislative Assembly of the Union territory of Jammu and Kashmir.
(2) As nearly as may be, one-third of the seats reserved under sub-section (7) of section 14 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu and Kashmir.
(3) As nearly as may be, one-third of the total number of seats to be filled by direct election to the Legislative Assembly of the Union territory of Jammu and Kashmir (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) shall be reserved for women in such manner as Parliament may by law determine.
14B. (1) Notwithstanding anything contained in the provisions of this Act, the provisions relating to reservation of seats for women in the Legislative Assembly of the Union territory of Jammu and Kashmir shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after the commencement of the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023 have been published and shall cease to have effect on the expiration of a period of fifteen years from such commencement.
(2) Subject to the provisions of section 14A, seats reserved for women in the Legislative Assembly of the Union territory of Jammu and Kashmir shall continue till such date as Parliament may by law determine.
(3) Rotation of seats reserved for women in the Legislative Assembly of the Union territory of Jammu and Kashmir shall take effect after such subsequent exercise of delimitation as Parliament may by law determine.
(4) Nothing in section 14A shall affect any representation in the Legislative Assembly of the Union territory of Jammu and Kashmir until the dissolution of the then existing Legislative Assembly of the Union territory of Jammu and Kashmir.".
STATEMENT OF OBJECTS AND REASONS
Parliament has enacted the Constitution (One Hundred and Sixth Amendment) Act, 2023 to pave way for reservation of one-third of the total number of seats for women in the House of the People; Legislative Assembly of every State; and the Legislative Assembly of the National Capital Territory of Delhi.
2. Consequent to the enactment of the Constitution (One Hundred and Sixth Amendment) Act, 2023, similar provisions for providing reservation for women in the Legislative Assembly of the Union territory of Jammu and Kashmir are also required to be made by Parliament by amending the Jammu and Kashmir Reorganisation Act, 2019.
3. In order to enable greater representation and participation of women as public representatives in law making processes of the Legislative Assembly of the Union territory of Jammu and Kashmir, it is decided to introduce the Jammu and Kashmir Reorganisation (Second Amendment) Bill, 2023 to provide for as nearly as may be, one-third of total seats in the Legislative Assembly of the Union territory of Jammu and Kashmir to be reserved for women.
4. The Bill seeks to achieve the above objectives.
NEW DELHI; AMIT SHAH.
The 8th December, 2023.
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[Pages 4-approx.10 — a separate item follows: an Appropriation-type Bill/Act, "THE SCHEDULE (See sections 2 and 3)" — Supplementary Demands for Grants for the year 2023-24, tabulating sums "Voted by Parliament" and "Charged on the Consolidated Fund" against numbered Votes for individual Ministries/Departments. Representative rows transcribed from the sampled pages (columns: No. of Vote | Services and purposes | Voted by Parliament (Rs.) | Charged on the Consolidated Fund (Rs.) | Total (Rs.)):]
1 | Department of Agriculture, Cooperation and Farmers Welfare — Revenue | 2,00,000 | .. | 2,00,000
| — Capital | 6,28,00,000 | .. | 6,28,00,000
2 | Department of Agricultural Research and Education — Revenue | 217,65,00,000 | 4,00,00,000 | 221,65,00,000
3 | Atomic Energy — Revenue | 600,60,00,000 | .. | 600,60,00,000
4 | Ministry of AYUSH — Revenue | 3,00,000 | .. | 3,00,000
6 | Department of Fertilizers — Revenue | 13350,83,00,000 | .. | 13350,83,00,000
7 | Department of Pharmaceuticals — Revenue | 1,00,000 | .. | 1,00,000
| — Capital | 1,00,000 | .. | 1,00,000
8 | Ministry of Civil Aviation — Capital | 605,49,00,000 | .. | 605,49,00,000
10 | Department of Commerce — Revenue | 145,01,00,000 | .. | 145,01,00,000
11 | Department for Promotion of Industry and Internal Trade — Revenue | 6,00,000 | .. | 6,00,000
| — Capital | 10,62,00,000 | .. | 10,62,00,000
13 | Department of Telecommunications — Revenue | 1,00,000 | .. | 1,00,000
| — Capital | 8310,77,00,000 | .. | 8310,77,00,000
14 | Department of Consumer Affairs — Revenue | 18,39,00,000 | .. | 18,39,00,000
| — Capital | 22,34,00,000 | .. | 22,34,00,000
15 | Department of Food and Public Distribution — Revenue | 6995,41,00,000 | .. | 6995,41,00,000
| — Capital | 25,00,00,000 | .. | 25,00,00,000
36 | Direct Taxes — Revenue | 535,42,00,000 | .. | 535,42,00,000
| — Capital | 1,00,000 | .. | 1,00,000
37 | Indirect Taxes — Capital | 2,66,00,000 | .. | 2,66,00,000
38 | Indian Audit and Accounts Department — Revenue | 24,08,00,000 | 66,79,00,000 | 90,87,00,000
| — Capital | 70,05,00,000 | .. | 70,05,00,000
43 | Department of Fisheries — Revenue | 2,00,000 | .. | 2,00,000
44 | Department of Animal Husbandry and Dairying — Revenue | 2,00,000 | .. | 2,00,000
| — Capital | 147,32,00,000 | .. | 147,32,00,000
45 | Ministry of Food Processing Industries — Revenue | 2,00,000 | .. | 2,00,000
| — Capital | 1,00,000 | .. | 1,00,000
46 | Department of Health and Family Welfare — Revenue | 7,00,000 | .. | 7,00,000
| — Capital | 4,00,000 | .. | 4,00,000
47 | Department of Health Research — Revenue | 2,00,000 | .. | 2,00,000
48 | Ministry of Heavy Industries — Revenue | 244,01,00,000 | .. | 244,01,00,000
| — Capital | 1,00,000 | .. | 1,00,000
49 | Ministry of Home Affairs — Revenue | 8,00,000 | .. | 8,00,000
| — Capital | 243,77,00,000 | .. | 243,77,00,000
50 | Cabinet — Revenue | 44,08,00,000 | .. | 44,08,00,000
| — Capital | 40,00,00,000 | .. | 40,00,00,000
51 | Police — Revenue | 2,00,000 | 4,09,00,000 | 4,11,00,000
| — Capital | 1,00,000 | 90,00,000 | 91,00,000
52 | Andaman and Nicobar Islands — Revenue | 6,75,00,000 | .. | 6,75,00,000
| — Capital | 46,14,00,000 | .. | 46,14,00,000
69 | Ministry of Mines — Revenue | 1,00,000 | .. | 1,00,000
| — Capital | 1,00,000 | .. | 1,00,000
73 | Ministry of Parliamentary Affairs — Capital | 2,07,00,000 | .. | 2,07,00,000
74 | Ministry of Personnel, Public Grievances and Pensions — Revenue | 260,36,00,000 | 1,98,00,000 | 262,34,00,000
| — Capital | 2,64,00,000 | 21,01,00,000 | 23,65,00,000
| CHARGED — Central Vigilance Commission — Revenue | .. | 3,27,00,000 | 3,27,00,000
76 | Ministry of Petroleum and Natural Gas — Revenue | 9216,85,00,000 | .. | 9216,85,00,000
| — Capital | 2,00,000 | .. | 2,00,000
78 | Ministry of Ports, Shipping and Waterways — Revenue | 96,85,00,000 | .. | 96,85,00,000
| — Capital | 94,55,00,000 | .. | 94,55,00,000
79 | Ministry of Power — Revenue | 2,00,000 | 10,00,00,000 | 10,02,00,000
| — Capital | 1927,67,00,000 | .. | 1927,67,00,000
| CHARGED — Staff, Household and Allowances of the President — Revenue | .. | 5,31,00,000 | 5,31,00,000
| — Capital | .. | 2,24,00,000 | 2,24,00,000
| CHARGED — Union Public Service Commission — Revenue | .. | 46,24,00,000 | 46,24,00,000
85 | Ministry of Railways — Revenue | .. | 82,10,00,000 | 82,10,00,000
| — Capital | 69,83,00,000 | 619,54,00,000 | 689,37,00,000
86 | Ministry of Road Transport and Highways — Revenue | 1,00,000 | .. | 1,00,000
| — Capital | 2,00,000 | .. | 2,00,000
87 | Department of Rural Development — Revenue | 14524,34,00,000 | .. | 14524,34,00,000
| — Capital | 12,00,000 | .. | 12,00,000
88 | Department of Land Resources — Revenue | 2,00,000 | 17,42,00,000 | 17,44,00,000
89 | Department of Science and Technology — Revenue | 2,00,000 | .. | 2,00,000
[Schedule continues with further numbered Votes not individually transcribed in this excerpt.]
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[Pages ~11-485 not available in the rendered excerpt — omitted from this extraction. Based on the content immediately before and after this range, the intervening pages evidently contain further Bills introduced in Lok Sabha on 12 December 2023, including (per page 19-20 content, which is part of the definitions clause of a "Sanhita") the Bharatiya Nyaya (Second) Sanhita, 2023 Bill (the revised Bill replacing the Indian Penal Code, 1860, reintroduced in December 2023 after withdrawal of the original August 2023 Bill).]
[Pages 19-20 — Bharatiya Nyaya (Second) Sanhita, 2023 Bill, Clause 2 (Definitions), excerpted:]
(10) "gender".—The pronoun "he" and its derivatives are used of any person, whether male, female or transgender. Explanation.—"transgender" shall have the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019);
(11) "good faith".—Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention;
(12) "Government" means the Central Government or a State Government;
(13) "harbour" includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this clause or not, to evade apprehension;
(14) "injury" means any harm whatever illegally caused to any person, in body, mind, reputation or property;
(15) "illegal" and "legally bound to do".—The word "illegal" is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be "legally bound to do" whatever it is illegal in him to omit;
(16) "Judge" means a person who is officially designated as a Judge and includes a person,— (i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or (ii) who is one of a body or persons, which body of persons is empowered by law to give such a judgment. Illustration. A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge;
(17) "life" means the life of a human being, unless the contrary appears from the context;
(18) "local law" means a law applicable only to a particular part of India;
(19) "man" means male human being of any age;
(20) "month" and "year".—Wherever the word "month" or the word "year" is used, it is to be understood that the month or the year is to be reckoned according to the Gregorian calendar;
(21) "movable property" includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth;
(22) "number".—Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number;
(23) "oath" includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not;
(24) "offence".—Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the word "offence" means a thing made punishable by this Sanhita, but— (a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and sub-section (2) of section 330, the word "offence" means a thing punishable under this Sanhita, or under any special law or local law; and (b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and sub-section (1) of section 329, the word "offence" shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine;
(25) "omission" denotes as well as a series of omissions as a single omission;
(26) "person" includes any company or association or body of persons, whether incorporated or not;
(27) "public" includes any class of the public or any community;
(28) "public servant" means a person falling under any of the descriptions, namely:— (a) every commissioned officer in the Army, Navy or Air Force; (b) every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; (c) every officer of a Court including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose... [text continues beyond available pages].
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[Pages ~21-485 not available in the rendered excerpt — omitted.]
[Page 486 onward — a further Bill, evidently the Bharatiya Sakshya (Second) Bill, 2023 (the revised Bill replacing the Indian Evidence Act, 1872), reintroduced in Lok Sabha on 12 December 2023. The excerpt available begins mid-Bill:]
PART IV
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII
OF THE BURDEN OF PROOF
104. Burden of proof. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist, and when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
Illustrations.
(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.
(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.
105. On whom burden of proof lies. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
Illustrations.
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A.
(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. [text continues beyond this excerpt]
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[Pages ~487-524 not individually transcribed in this extraction pass; the Bill's substantive provisions continue beyond page 486/487 and were not read page-by-page in this rescue pass.]
[Page 525 — closing provisions of the Bharatiya Sakshya (Second) Bill, 2023:]
It provides that notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872, as in force immediately before such commencement, as if this Adhiniyam had not come into force.
FINANCIAL MEMORANDUM
The proposed legislation, if enacted, is not likely to involve any expenditure, either recurring or non-recurring, from and out of the Consolidated Fund of India.
UTPAL KUMAR SINGH,
Secretary-General.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI-110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054.
MGIPMRND—470GI—03-01-2024.
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