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REGISTERED NO. DL—(N)04/0007/2003—26
The Gazette of India
EXTRAORDINARY
PART II — Section 2
PUBLISHED BY AUTHORITY
No. 2] NEW DELHI, FRIDAY, FEBRUARY 6, 2026/MAGHA 17, 1947 (Saka)
Separate paging is given to this Part in order that it may be fi led as a separate compilation.
CG-DL-E-07022026-269916
RAJYA SABHA
___________
The following Bills have been introduced in the Rajya Sabha on the 6th February, 2026:—
I
Bill No. LXXVIII of 2024
A Bill to amend the Bharatiya Nyaya Sanhita, 2023.
BE it enacted by Parliament in the Seventy-fifth Year of the
Republic of India as follows:
1. (1) This Act may be called the Bharatiya Nyaya Sanhita ( Amendment)
Act, 2024.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint:
Provided that the Central Government shall appoint such date
within three months from the date on which the Bharatiya Nyaya
Sanhita (Amendment) Bill, 2024 receives the assent of the President.
Amendment of
section 103.
2. In the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the
principal Act), in section 103, after sub-section (2), the following new
sub-section shall be inserted, namely: —
“(3) Whoever, by words, either spoken or written, or by signs or
by visible representations or through electronic communication
or otherwise, incites a person or a group of persons to commit
murder of any person on the ground of race, caste, community,
sex, place of birth, language, personal belief or any other similar
ground, shall be punished with death or with imprisonment for
life and shall also be liable to fine.”
45 of 2023.
Amendment of
section 196.
3. In the principal Act, in section 196, in sub-section (1), the following
proviso shall be inserted, namely: —
“Provided that if any words or actions, referred to in clauses (a)
to (c) above, of any person causes any person or a group of persons to
commit murder of any other person on the ground of race, caste,
community, sex, place of birth, language, personal belief or any other
similar ground, then such person shall be punished with imprisonment
for life and shall also be liable to fine.”
Amendment of
section 298.
4. In the principal Act, in section 298, —
(i) the following provisos shall be inserted, namely:—
“Provided that if the offence mentioned in sub-section (1)
is committed by two or more persons with the common intention
of either insulting the religion of any class of persons or of
promoting religious animosity between different class of persons
then each of them shall be punished with imprisonment of either
description for a term which may extend to seven years and with
fine:
Provided further that if a person, either individually or as
a part of any group of two or more persons, is found guilty of
offence mentioned in sub-section (1) for a second or subsequent
time, he shall be punished with imprisonment for life or with
imprisonment of either description for a term not less than ten
years and with fine.”
(ii) the existing section shall be numbered as sub-section (1) and
after sub-section (1) so numbered, the following new sub-section
shall be inserted, namely: —
“(2) Whoever, by words, either spoken or written, or by
signs or by visible representations or through electronic
communication or otherwise, incites a person or group of
persons to commit the offence mentioned under sub section (1) shall be deemed to have committed the said
offence and shall be liable for the same punishment,
irrespective of whether he actually participates in the
commission of such offence or not.”
Amendment of
section 299.
5. In the principal Act, in section 299, the following provisos shall be
inserted, namely: —
“Provided that if the offence mentioned in this section is
committed by two or more persons with the common intention of
outraging the religious feelings of any class of persons or of promoting
religious animosity between different class of persons then each of
them shall be punished with imprisonment of either description for a
term which may extend to seven years and with fine:
Provided further that if a person, either individually or as a part
of any group of two or more persons, is found guilty of the offence
mentioned in this section for a second or subsequent time, he shall be
punished with imprisonment for life or with imprisonment of either
description for a term not less than ten years and with fine.”
STATEMENT OF OBJECTS AND REASONS
Protection of communal harmony, social tranquility and
unswerving camaraderie among citizens are a sine qua non not only
for national integrity but also for the overall development of the
nation. India, as a nation, and its people, as a society, have so far
achieved the greatest repute all over the world for its record in
maintaining communal harmony, social tranquility and unswerving
camaraderie among citizens, despite having unparalleled cultural and
religious diversity. However, the differences of faith, language, region
and even diet persisting among our people sometimes lead to conflicts
and altercations. Some fringe elements take advantage of such
untoward incidents for their vested interests and make the situation
worse. These anti-national forces sometimes succeed in leading people
to commit heinous crimes, including murder of fellow citizens, on the
basis of such differences. Unfortunately, there is a rise in the number
of such crimes motivated by intolerance of differences and hate
towards ‘others’ being reported from various corners of the country
recently. Most of the advanced legal systems in the world have
enacted specific laws to prevent such hate crimes.
It is high time for India also to have effective law to prevent all
types of hate crimes and to thwart any attempt to promote enmity
between different groups of persons. There are provisions in the
existing criminal law to deal with persons directly involved in
commission of such offences. But, more often than not, there are
perpetrators, who hide behind the curtain and abet people to commit
such crimes and escape prosecution in the absence of law to book
them. In fact, these facilitators are the real culprits and without
ensuring proper punishment for them, such crimes cannot be
eradicated. Further, there are some offenders repeatedly committing
such hate crimes due to extreme intolerance and radicalization, and
such offenders should be dealt with severe punishments.
Section 103 (2) of the Bharatiya Nyaya Sanhita, 2023
prescribes punishment for each member of a group who have
committed murder on the ground of race, caste, community, sex, place
of birth, language, personal belief or any other similar ground. But it
lacks provision for punishment of persons who actually incites the
group to commit murder, but not personally involved in commission of
offence. Similarly, Section 298 prescribes punishment for injuring or
defiling a place of worship with intent to insult religion of any class.
Here also there is no provision for punishment of persons who actually
incites a person or group of persons to commit offence under this
Section.
Section 196 of the Bharatiya Nyaya Sanhita, 2023 deals with
the offence of promoting enmity between different groups on grounds
of religion, race, place of birth, residence, language etc. and doing
various acts prejudicial to maintenance of harmony. Sometimes, a
single incident contemplated under this Act may lead to more heinous
crimes, such as murder of a person or group of persons or even to a
large-scale riot. In such cases, the law should provide severe
punishment for person(s) causing the same.
The offences mentioned in Sections 298 and 299 of the
Sanhita become severe in nature and its consequence when it is
committed by a group of persons with common intention of insulting
any religion or of spreading religious animosity among citizens. Hence
members of the group committing such offences deserve severe
punishments than an individual committing the same offence.
Similarly, a person committing any of these offences repeatedly with
the same intention should also be dealt with severe punishment.
It is the need of our time to fill up the above-mentioned lacuna
in the law in order to protect communal harmony and social tranquility
effectively. Appropriate legal provision should be incorporated into
the existing Sections for that purpose.
Hence, this Bill.
HARIS BEERAN
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 17 of the Bill empowers the Central Government to make rules for
carrying out the purpose of this Bill. As the rules relate to the matters of details
only, the delegation of legislative power is of a normal character.
II
Bill No. LXXXI of 2024
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic
of India as follows:
1. (1) This Act may be called the Constitution (Amendment) Act, 2024.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint:
Provided that the Central Government shall appoint such date
within three months from the date on which the Constitution
(Amendment) Bill, 2024 receives the assent of the President.
Amendment of
article 243D.
2. In article 243D of the Constitution, after clause (3), the following new
clause shall be inserted, namely:
“(3A) At least one seat out of the total seats to be filled by direct
election in every Panchayat shall be reserved for persons with
disabilities and such seats may be allotted by rotation to different
constituencies in a Panchayat:
Provided that the Legislature of a State may, by law, enhance the
number of seats to be reserved for persons with disabilities up to a
maximum of four percentage of the total number of seats to be filled by
direct election in every Panchayat.
Explanation.– For the purpose of this clause, „persons with disabilities‟
shall have the same meaning assigned to „person with benchmark
disability‟ as defined under the Rights of Persons with Disabilities Act,
2016.” 49 of 2016.
Amendment of
article 243T.
3. In article 243T of the Constitution, after clause (3), the following new
clause shall be inserted, namely:
“(3A) At least one seat out of the total seats to be filled by direct
election in every Municipality shall be reserved for persons with
disabilities and such seats may be allotted by rotation to different
constituencies in a Municipality:
Provided that the Legislature of a State may, by law, enhance the
number of seats to be reserved for persons with disabilities up to a
maximum of four percentage of the total number of seats to be filled by
direct election in every Municipality.
Explanation.– For the purpose of this Article clause, „persons with
disabilities‟ shall have the same meaning assigned to „person with
benchmark disability‟ as defined under the Rights of Persons with
Disabilities Act, 2016.” 49 of 2016.
STATEMENT OF OBJECTS AND REASONS
The Election Commission of India operates under the principle of "No
Voter Left Behind," striving to ensure comprehensive inclusion in the
electoral process, which is celebrated as a festival in India. Despite these
efforts, Divyangs (Persons with Disabilities) remain significantly overlooked
in public discourse and electoral participation. Although post-colonial India
has made great strides in enhancing the quality of life for Divyangs, these
improvements are still insufficient, especially regarding their inclusion in the
electoral process, particularly so when it comes to the number of Divyangs in
the Union and State Legislatures and Local Self Government bodies.
According to the 2011 Census, Divyangs constitute 2.21 per cent. of the
population, or 2.68 crore individuals. Yet, their participation in the legislative
bodies and LSGs is not adequately addressed.
The absence of Divyang representation in the electoral process
undermines the principles of representation, diversity, and inclusivity crucial
for a well-functioning democracy. Elected representatives from the Divyang
community can advocate for accessibility and inclusion, benefiting society as
a whole. It is essential that Divyangs have a voice and influence in our
democratic structures commensurate with their presence in society. Currently,
many decisions affecting their lives are made without proper representation,
resulting in policies that fail to address their specific needs and experiences.
As an initial step in the direction of ensuring adequate representation of
Persons with Disabilities in electoral bodies, it is ideal to provide reservation
for them in the Local Self Government bodies. The noble concept of „equality‟
enshrined in our Constitution can be achieved only with special consideration
for the vulnerable classes like Divyangs. The Constitution already provides
reservation for some other identified vulnerable classes, namely, Scheduled
Castes, Scheduled Tribes and women, in elected bodies of Local Self
Governments. Along with these classes, the Divyangs should also be
considered for providing reservation so as to ensure their representation in
Panchayat and Municipal bodies. New Clauses are to be incorporated in the
Articles dealing with reservation of seats in Panchayats and Municipalities in
Part IX and Part IXA of the Constitution respectively.
The Bill seeks to achieve this objective.
HARIS BEERAN
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 15 and Clause 16 of the Bill empowers the Central Government to make
rules and the State Government to make regulations for carrying out the purpose of this
Bill. As the rules and regulations relate to the matters of details only, the delegation of
the legislative power is of a normal character.
III
Bill No. II of 2025
A Bill further to amend the Census Act, 1948.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of
India as follows:—
1. (1) This Act may be called the Census (Amendment) Act, 2025.
Short title and
commencement.
(2) The Central Government shall, as soon as may be, but not later than
three months from the date of enactment of this Act, by notification in the
Gazatte bring this Act into force.
Amendment of
section 3.
2. In the Census Act, 1948 in section 3, the following provisos shall be
inserted, namely:—
“Provided that at least one census in the whole of India shall be taken
in every ten years.
Provided further that if the Central Government finds it difficult, for
any sufficient reason such as war, natural calamity, pandemic etc., to take
census in the whole or any part of India even after expiry of a period of ten
years from the last census, it may, by notification in the Official Gazette,
declare its intention of taking the census in the whole or any part of India, as
the case may be, as soon as the exigency for not conducting the census
ceases to be in existence and thereupon the census shall be taken.”
37 of 1948.
STATEMENT OF OBJECTS AND REASONS
Conducting the census in whole of the country on a regular interval is
a must, as in the absence of a complete census for a long span of time, a
majority of country’s population will be unable to access several schemes,
benefits and services. Without a systematically collected population data
and without having updated information regarding social, political and
economic status of different sections of the population, implementation of
developmental projects and social welfare schemes would be
counterproductive as it may pave way for uneven distribution of resources.
Periodical census is a legal imperative for the reason that
constitutionally-mandated policies of social justice, which include
reservations in electoral constituencies, education and public employments,
cannot be pursued effectively without correct population data.
Neither the Constitution nor the Census Act, 1948 as it stands today
mandates a census to be conducted at a regular interval. However, the
census on national level has so far been conducted every ten years. Even the
British Government had conducted census in India periodically every ten
years without failure since 1881. The first census of Independent India was
conducted in 1951 and Government of India continued the practice of
conducting national census every ten years without any delay till 2011. The
census to be conducted in 2021 was postponed due to pandemic and the
country still awaits a nationwide data collection.
Ten year is a reasonable span and the population data with all
significant information must be updated on the official records in a regular
interval of every ten year. This is mandatory to secure social, political and
economic justice; and equality of status and of opportunity to all citizens as
enshrined in the Preamble of the Constitution. Appropriate amendment in
the Census Act is required to make this periodical census a legally
enforceable obligation on the part of Central Government.
Hence, this Bill.
HARIS BEERAN.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 17 of the Bill empowers the Central Government to make rules for
carrying out the purpose of this Bill. As the rules relate to the matters of details
only, the delegation of legislative power is of a normal character.
IV
Bill No. XCI of 2024
A Bill to define, extend, and protect the rights of individuals
availing air carrier services and to prevent their exploitation in
terms of air fares, basic amenities, and unjust profits for air
service providers and ensure due compensation in case of
undue delays, loss or damage of luggage etc.
so as to make air travel more affordable,
convenient and transparent and for
matters connected therewith
or incidental thereto.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of
India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Airline Passengers’ Rights Act, 2024.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires, —
(a) “air carrier” means any airline company registered with the
Directorate General of Civil Aviation (D.G.C.A.) in India and
includes its Chairman and other members of the Board of Directors
of the company and Chief Operating Office;
(b) “airline" means all commercial flights operating in the country
either on domestic or international routes;
(c) "compensation" means and includes the payment to be made to
the passenger for any inconvenience caused to them due to delay or
cancellation of scheduled flights, loss or damage of luggage or any
other reason on the part of the airlines while traveling in any
airlines;
(d) “foreign airline” means an airline that has been issued an Air
Operator Certificate by a country other than India to carry out
specified commercial air transport operations and which operates
commercial flights in India;
(e) "frequent flyer" means a passenger who travels by any airlines
at least twice a month for business or personal purposes;
(f) "passenger" means any person who travels by any airlines for
any purpose; and
(g) "prescribed" means prescribed by rules or regulations made
under this Act.
CHAPTER II
INTERLINE AGREEMENTS AND PROTECTIONS
Interline
agreements
and
protections.
3. Not later than one year from the date of the commencement of this Act,
the Central Government shall prescribe regulations to facilitate interline
agreements and related practices between air carriers and providers of
other modes of transportation and establish a complaint and remediation
process through which parties may submit complaints and resolve
disputes regarding the establishment and implementation of interline
agreements, which shall—
(i) include provisions to prevent air carriers and other
transportation providers from significantly hindering or preventing
willing air carriers or other transportation providers from entering
into interline agreements or conducting related practices;
(ii) require air carriers to explicitly notify passengers when they
are eligible to be provided transportation by another air carrier or a
provider of another mode of transportation;
(iii) require air carriers, after an eligible passenger is notified
under clause (ii), to attempt to provide to the passenger
transportation through another air carrier or a provider of another
mode of transportation, upon the passenger’s request, if the air
carrier has an interline agreement with the other air carrier or
transportation provider;
(iv) prohibit air carriers and other transportation providers from
unduly or improperly influencing the decision of a partner,
subsidiary, or vendor to enter into an interline agreement, the terms
or conditions of such an agreement, or related practices;
(v) account for operational records, seat availability, and capacity;
(vi) promote competition and public interest;
(vii) provide for appropriate penalties and remedies for violations
of an interline agreement; and
(viii) any other matter related thereto, as may be prescribed.
CHAPTER III
PASSENGER PROTECTIONS
4. In the event of an airline requiring a passenger to give up their booked
seat on a flight operated by the air carrier —
(i) the airline shall offer due monetary compensation to a
passenger to incentivise them to relinquish their booked seat, in
such manner as may be prescribed; and
Compensation
to
passengers for
relinquishing
their booked
seat.
(ii) the airline shall be prohibited from imposing a cap on the
amount of compensation to be provided to a passenger in exchange
for the passenger relinquishing their booked seat.
5. (1) In case a passenger’s flight is delayed or cancelled for any reason
within the control of the airline, including but not limited to crew
scheduling, routine maintenance, functioning of information technology
systems, passenger service issues, issues related to baggage services,
issues related to ground handling of aircraft, or other reasons as may be
specified by the Central Government, from time to time and –
Compensation
for delays and
cancellation.
(a) the passenger’s arrival at their destination is delayed by more
than one hour and less than four hours after their originally
scheduled arrival time, the airline shall —
(i) automatically refund to the passenger the amount they
paid for the ticket; and
(ii) arrange a seat for the passenger on another flight
operated by the airline, or another airline, or on an alternative
means of transportation, at no additional expense to the
passenger, that results in them arriving at their destination not
later than four hours after the original scheduled arrival time;
(b) the passenger’s arrival at their destination is delayed by more than
four hours after their originally scheduled arrival time, the airline
shall –-
(i) automatically refund to the passenger the amount they paid
for the ticket;
(ii) arrange a seat for the passenger on another flight operated
by the air carrier, or another airline, or on an alternative means
of transportation, at no additional expense to the passenger,
that results in them arriving at their destination not later than
four hours after the original scheduled arrival time;
(iii) provide compensation to the passenger of an amount
equivalent to $1350 in Indian rupees as per the prevalent
currency exchange rate at that time; and
(iv) provide passenger with a complimentary meal free of
charge or an amount equal to the cost of a meal or a free
coupon to purchase a meal; and
(c) the passenger’s departure is delayed until the next day, the
airline shall provide the passenger with an amount equal to the
cost of hotel lodging in addition to the requirements of sub section (2).
(2) Nothing in this section shall be construed as affecting the authority
of an airline to maximize its system capacity during weather-related
events to accommodate maximum number of passengers.
(3) It shall be deemed as an unfair or deceptive practice for an airline or
foreign airline to attribute the delay or cancellation of a flight operated
by the airline or by another airline or foreign airline with which the
airline has a code sharing or other joint marketing arrangement to a force
majeure event unless the delay or cancellation is caused by an event not
within the control of the airline operating the flight, such as weather, an
act of God, or a war or other hostilities and such airline shall be liable to
penalty, as per the provisions of this Act.
Adequate
seating space
for
passengers on
aircraft.
6. Every airline shall be required to —
(i) ensure that seats on their domestic and international aircrafts do
not violate the minimum dimensions of seats, including the size,
width, and pitch of seats, and the amount of leg room, and the
width of aisles, shall be such as may be prescribed by the Central
Government not later than one year from the date of
commencement of this Act:
Provided that Central Government shall issue rules or
regulations in this regard after providing due notice and reasonable
opportunity for seeking and obtaining comments from all
stakeholders and holding adequate consultations with the Union
Ministry of Labour and Employment and the Union Ministry of
Health and Family Welfare, passenger advocacy organisations, and
ergonomic engineers.
(ii) prominently display on a publicly available internet website of
the airline, the amount of space available for each passenger on a
passenger aircraft operated by the airline or by another airline with
which the airline has a code sharing or other joint marketing
arrangement, including the size, width, and pitch of seats, the
amount of leg room, and the width of aisles on such aircraft.
Availability
of lavatories
on passenger
aircraft.
7. Each airline and foreign airline shall ensure that each passenger
aircraft operated by them maintains sufficient functional lavatories
that —
(i) are available for use, free of charge, at any time passengers
are on board the aircraft, except during takeoff, landing,
turbulent weather conditions or any other situation likely to
jeopardize passenger safety and as duly informed to them by the
aircraft crew; and
(ii) can accommodate and is user friendly for persons with
disabilities.
Availability of
potable water
on passenger
aircraft.
8. Each airline and foreign airline shall ensure that potable water is
available, free of charge, to passengers on board the aircraft operated by them.
Training on
rights of
passengers.
9. Every air carrier shall provide, at a frequency of not less than every 180
days, training on the rights of passengers to employees and
representatives of the air carrier who directly interact with passengers,
including ticket agents, gate agents, pilots, and flight attendants etc..
10. Not later than one hundred and eighty days from the date of
commencement of this Act, and thereafter at such intervals as may be
prescribed, the Directorate General of Civil Aviation shall submit to the
appropriate Committees of Parliament, as may be prescribed, a report, in
such form and manner as may be prescribed, assessing —
Reporting to
the
Parliament
(i) the quality and safety of food and potable water provided to
passengers on passenger aircraft;
(ii) whether air carriers ensure that sufficient flight crews and
aircraft are available for scheduled flights;
(iii) the extent to which not having sufficient flight crews
and aircraft available affects scheduled arrival and departure times;
and
(iv) any other matter, as may be prescribed or as directed by
the Directorate General of Civil Aviation, from time to time.
CHAPTER IV
CONSUMER PROTECTIONS
11. (1) Every airline shall be prohibited from imposing fees that are
unreasonable or disproportional to the costs incurred by the airline
including —
Protections
relating to the
imposition of
fees that are
not
reasonable
and
proportional
to the costs
incurred.
(a) any fee for a change or cancellation of a reservation for a flight
in air transportation;
(b) any fee relating to checked baggage or carry-on baggage to be
transported on a flight;
(c) any fee relating to seat selection or reservations on a flight;
(d) any fee relating to changing between flights departing on the
same day or flying standby on a flight; and
(e) any other fee imposed by an air carrier relating to a flight;
(2) The Central Government shall, not later than one hundred and eighty
days from the date of commencement of this Act, establish standards for
assessing whether such fees, as referred to in sub-section (1) are
reasonable and proportional to the costs incurred by the airline by taking
into consideration the following, namely –
(a) with respect to a fee described in clause (a) of sub-section (1)
imposed by an airlines for a change or cancellation of a flight
reservation —
(i) any net benefit or cost to the airline from the change or
cancellation, taking into consideration—
I. the ability of the airline to anticipate the expected
average number of cancellations and changes and make
reservations accordingly;
II. the ability of the airline to fill a seat made available by a
change or cancellation;
III. any difference in the fare likely to be paid for a ticket
sold to another passenger for a seat made available by the
change or cancellation, as compared to the fare paid by the
passenger who changed or cancelled the passenger’s
reservation; and
IV. the likelihood that the passenger changing or cancelling
the passenger’s reservation will fill a seat on another flight
by the same airline;
(ii) the costs of processing the change or cancellation
electronically; and
(iii) any related labour costs;
(b) with respect to a fee described in clause (b) of sub-section (1)
imposed by an air carrier relating to checked baggage —
(i) the costs of processing checked baggage electronically; and
(ii) any related labour costs; and
(c) any other considerations that the Central Government may
consider appropriate.
(3) Not later than two hundred and seventy days from the date of
commencement of this Act, and thereafter at such intervals as may be
prescribed, the Directorate General of Civil Aviation shall lay a report
for assessing whether the fees imposed by airlines are reasonable and
proportional to their costs based on the standards specified in sub-section
(2), in such form and manner as may be prescribed, before each House of
Parliament.
Protections
relating to
disclosure of
flight
information.
12. Every airline shall be prohibited from limiting or withholding
information relating to schedules, fares, including the lowest available
fare options, fees, availability, and taxes relating to flights in passenger
air transportation from consumers and online travel agents and
metasearch engines that provide flight search tools.
Transparency
in pricing of
tickets in air
transportation
.
13. (1) Every airline shall provide useable, current, and accurate information
in a user-friendly, accessible form, with respect to fares, applicable
taxes, and ancillary fees to ticket agents, online travel agents, and
metasearch engines that provide flight search tools.
(2) Every airline shall allow consumers to purchase tickets and pay for
applicable taxes and ancillary fees through ticket agents, online travel
agents, and metasearch engines that provide flight search tools;
(3) Every Airline, ticket agents online travel agents and metasearch
engines that provide flight search tools shall disclose all applicable taxes
and any ancillary fees charged by an airline with respect to a fare that is
applicable to the services identified by the purchaser, at any point at
which the fare is shown in whole or in part; and
(4) Every Airline, ticket agents online travel agents and metasearch
engines that provide flight search tools, through a telephonic
communication with a prospective consumer regarding the cost of air
transportation, shall inform the consumer of all applicable taxes and any
ancillary fees charged by an airline in relation to the air transportation
and associated services requested by the consumer, at any point at which
the cost of the air transportation is disclosed in whole or in part.
Frequent flyer
programs,
fairness and
transparency
14. Not later than one hundred and eighty days from the date of
commencement of this Act, the Central Government shall prescribe rules
and/or regulations to prevent unfair changes to frequent flyer programs
depriving its members of its benefits by —
(i) considering the significance of the change to the frequent flyer
program’s terms and conditions;
(ii) considering the amount of time between the notification
provided to a consumer and the date on which the change takes
effect; and
(iii) requiring each airline that offers a frequent flyer program to
disclose, in a standardised format, when offering or enrolling
consumers into the program, accurate information regarding the
program’s rules, including—
(a) the rate at which credits are earned;
(b) the minimum number of credits earned per flight;
(c) the number of credits needed for each award;
(d) any applicable deadlines for redeeming credits;
(e) any restrictions on the transferability of earned credit and
awards;
(f) other conditions and limitations of the program;
(g) the percentage of successful redemptions; and
(h) frequent flyer seats made available in the top origin and
destination markets.
15. In case a passenger’s baggage is lost, damaged, delayed, or stolen, the
airline shall –
Refunds for
lost, damaged,
delayed, or
stolen
baggage.
(i) promptly provide an automatic refund to a passenger in the
amount of any ancillary fee charged by the airline for checked
baggage if the passenger’s checked baggage arrives damaged; and
(ii) provide notification to a passenger who is impacted by lost,
damaged, delayed, or stolen baggage, through the passenger’s
chosen method of communication, of the procedure by which the
passenger shall obtain a refund and the amount of the refund.
16. All airlines shall notify passengers of their rights and eligibility for
refunds, compensation, and protections required by law, including by an
airline’s contract of carriage, or otherwise available to passenger, which
shall include the following, namely—
Passenger
rights
transparency.
(i) promptly and expressly notify eligible passengers and the
public of their eligibility for refunds, compensation, and
protections not later than 30 minutes after the airline becomes
aware that such passengers have become eligible for such refunds,
compensation, and protections;
(ii) if such airlines permit passengers and other interested persons
to subscribe to flight status notification services—
(a) to deliver refunds, compensation, and protection
notifications to subscribers to such services, by whatever
means the airline offers and which the subscriber chooses; and
(b) to incorporate commitments with respect to such services
into their customer service plans;
(iii) to continuously display information and eligibility
requirements for refunds, compensation, and protections, including
refunds, compensation, and protections relating to —
(a) denied boarding and delays and cancellations (including on
international flights); and
(b) lost, damaged, or delayed luggage; and
(iv) to prominently display passengers’ rights and complaint
submission system and the guidelines for escalation on boarding
passes, computer-generated boarding passes, and ticketed itineraries, at
boarding gates and ticket counters and other prominent places at airports.
Powers to
make rules
17. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both the
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case
may be; however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule.
FINANCIAL MEMORANDUM
Clause 10 of the Bill provides that the appropriate Government shall
constitute a Grievance Redressal Committee at the State and the Central Level.
Clause 11 provides for the grants by the Central Government to the Central and
State Grievance Redressal Committees.
The Bill, therefore, if enacted, would involve both non-recurring and
recurring expenditure from the Consolidated Fund of India. However, at this
juncture, it is difficult to estimate the actual expenditure likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 17 of the Bill empowers the Central Government to make rules for
carrying out the purpose of this Bill. As the rules relate to the matters of details
only, the delegation of legislative power is of a normal character.
V
Bill No. V of 2025
A Bill to promote wellbeing of full-time, temporary, and contractual employees
in their workplace by limiting working hours, fixing leaves,
addressing mental health concerns, and ensuring
appropriate compensation and for matters
connected therewith and
incidental thereto.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:―
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Employees’ Wellbeing Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires,―
(a) ‘appropriate Government’ means in the case of a State, the
Government of that State and in all other cases, the Central Government;
(b) ‘employee’ means any person contributing towards activities at
an organisation whether by rendering their services or contributing
knowledge and includes full-time, part-time, contractual, temporary,
seasonal workers, interns or any other form of work arrangement;
(c) ‘employer’ means any person or entity employing or engaging one
or more employees for any activity or service in an organisation, and
includes their representatives, or assigns;
(d) ‘night work’ means the duty to be performed by an employee for at
least three hours of their working time during the period between twenty
hours of a given day to six hours of the next day;
(e) ‘night worker’ means any worker who performs night work;
(f) ‘organisation’ means any private entity established or located or
registered in the country for the purpose of carrying out business, trade,
profession, or other economic activities in the organised or unorganised
sector;
(g) “prescribed” means prescribed by rules made by the Central
Government under this Act;
(h) ‘recently graduated’ means any person who has completed an
educational degree or diploma from a recognised university or school
within the last three years and is working in a professional environment
for the first time;
(i) ‘rest period’ means any period which is not designated as
working time;
(j) ‘shift work’ means any method of organising work in shifts
whereby workers succeed each other at the same work stations according
to a certain pattern, including a rotating pattern, and which may involve
continuous or discontinuous operations, entailing the need for workers to
work at different times over a given period of days or weeks;
(k) ‘shift worker’ means any worker whose work schedule is part of
shift work;
(l) ‘week’ means a consecutive period of seven days; and
(m) ‘working time’ means any period during which the employee
working is at the employer's disposal and is carrying out his activity or
duties as required by the employer, in accordance with national laws
and/or practice.
CHAPTER II
WORKING HOURS, REST PERIODS, AND LEAVES
Working hours.
3. (1) No organisation or employer shall require or permit an employee to work
for more than forty-two hours in any week.
Explanation. ― For the purposes of this sub-section, the total working
hours in any week shall be calculated as an average of weekly working hours
over a continuous period of four weeks.
(2) Notwithstanding anything contained in sub-section (1), an employer may
require an employee to work up to forty-eight hours in a week, subject to the
condition that such extended hours shall not be required for more than two
days in a calendar month.
(3) In case an employee is required to work beyond the prescribed limit of
working hours under sub-section (1), such employee shall be entitled to
overtime wages as specified in sub-section (3) of section 9.
(4) In case of an emergency in an organisation, employer may request an
employee to perform work beyond the prescribed working hours, subject
to the employee’s consent and such employee shall accordingly be paid
in overtime wages.
(5) An employee shall have the right to refuse his agreement to work
overtime, as may be required by the employer under sub-section (4) or
revoke it at any moment.
(6) If the working hours of an employee on any day exceeds six hours, then
such employee shall be entitled to a rest break as may be prescribed.
(7) Notwithstanding anything contained in this section, every employer
shall ensure that an employee gets the minimum hours of rest which shall
not be less than:
(a) ten consecutive hours of rest in any period of twenty-four hours;
and
(b) a total of seventy-seven hours of rest in any period of seven days.
(8) The provisions of this section shall apply to all forms of employment,
whether in-person, remote, or hybrid forms of working.
Night work.
4. (1) Where an organisation or employer requires an employee to perform
night work, the organization or the employer shall ensure that normal
hours of work for night workers do not exceed an average of eight hours
in any twenty-four-hour period.
(2) For employees engaged in night work involving special hazards or
heavy physical or mental strain, the working hours shall not exceed such
number of hours in any period of twenty-four hours during which such
night work is performed, as may be prescribed.
Explanation.– The determination of work involving special hazards
or heavy physical or mental strain for the purposes of sub-section (2) shall
be made in accordance with rules prescribed under this Act.
(3) An employee undertaking night work suffering from health problems
recognised as being attributable to such work shall, upon recommendation
by a medical practitioner, be transferred whenever possible to day work to
which he is suited.
Leaves.
5. (1) An organisation or employer shall provide at least forty-five days of
leave every year to its employees, whether permanent or temporary:
Provided that out of the total number of leaves provided by an
organisation or employer, at least thirty days of leaves shall be paid
leaves, which shall include medical and menstrual leave also.
(2) If a gazetted holiday falls on the day which is already considered a
leave by the organisation or employers, such as a weekly off day, the
organisation or employer shall provide an additional day of leave to its
employees, which shall not be included within the leave entitlement under
sub-section (1).
(3) An organisation or employer shall determine the distribution of leaves
permitted throughout the calendar year for the employees:
Provided that the distribution of leave so determined in this sub section shall comply with the provisions of this Act.
Right to
disconnect.
6. (1) Every employee shall have the right to disconnect from work-related
communications in any form, from the organisation or the employer, outside
their official working hours.
(2) No adverse consequence or disciplinary action shall be imposed upon any
employee for exercising his right under sub-section (1).
(3) The guidelines for the effective implementation of this section, including
measures to address grievances arising from its violation, shall be such as
may be prescribed.
CHAPTER III
PROVISIONS FOR MENTAL HEALTH
Mental
wellbeing
check-up
services
by mental
health
professionals
for
employees.
7. (1) Every organisation shall provide for voluntary mental wellbeing
check-up services for all employees with professional mental health
experts on such interval as may be prescribed, to ensure a healthy work life balance for all employees.
(2) Every organisation shall provide mandatory monthly mental
wellbeing check-up services for all recently graduated employees with
professional mental health experts to ensure a healthy work-life balance
for new employees.
(3) The mental wellbeing check-up services under sub-section (1) and
(2) shall be provided by qualified health professionals who may be either
employed in-house or engaged externally through contractual
arrangements.
(4) The reports from the mental wellbeing check-up sessions shall
remain confidential with the mental health professionals conducting such
sessions.
(5) Notwithstanding the provisions of sub-section (4), the mental health
professionals may give their general review of employees’ mental health
to the organisation’s administrators, to ensure mental wellbeing of all
employees, while maintaining confidentiality of the matter.
Guidelines to
create a healthy
workplace.
8. (1) The appropriate Government shall issue guidelines, on such intervals as
may be prescribed to create a healthy workplace, and may include measures
for addressing workplace challenges, promoting transparency, fostering
ethical practices, and ensuring the physical and mental well-being of
employees, in such manner as may be prescribed.
(2) Every organisation or employer shall clearly specify guidelines to its
employees on growth and promotion opportunities in the workplace to
prevent overworking, unfair exclusion of employees, and unfair power
dynamics in the workplace.
(3) The head of every organisation or employer shall convene meetings at
regular intervals with union representatives or other authorised
representatives of employees to review and address feedback related to
workplace conditions and implement measures for fostering a healthy and
inclusive workplace environment.
CHAPTER IV
WAGES
9. (1) The appropriate Government shall specify the minimum wages for
different categories of employees, including stipends for recently-graduated
employees, in such manner as may be prescribed:
Wages.
Provided that the minimum wages specified in this sub-section shall be
in consonance with the Code on Wages, 2019 unless otherwise provided in
this Act.
29 of 2019.
(2) The minimum wage or stipend for an employee prescribed under sub section (1) shall be determined in proportion to the cost of living in the
geographical location from where the employee is expected to perform his
duties.
(3) An employee shall be entitled to overtime wages calculated at twice the
hourly rate of his usual remuneration for performing any overtime work
beyond forty-two hours in a week.
(4) All wages, stipends, and overtime payments payable to an employee under
this Act shall be adjusted to the prevailing rate of inflation on a yearly basis
in such manner as may be prescribed.
CHAPTER V
GRIEVANCE REDRESSAL
10. (1) (a) Every organisation employing such minimum number of employees,
as may be prescribed, shall, within one year of the commencement of this
Act, constitute a Grievance Redressal Committee of the Organisation to
address any concerns of the employees relating to the provisions of this Act;
Grievance
redressal
committees.
and
(b) The Grievance Redressal Committee of an organisation shall consist of
not less than three and not more than ten members, including—
(i) at least one member who is a qualified legal professional; and
(ii) at least one external member from the senior management of another
organisation in the same sector:
Provided that the members of the Grievance Redressal Committee
shall be periodically replaced in such manner as may be prescribed.
(2)(a) Every State Government shall, within one year of the
commencement of this Act, by notification in the Official Gazette,
constitute a State Grievance Redressal Committee in each State, which
shall address complaints escalated to them from the Grievance Redressal
Committee of the Organisation constituted under sub-section (1):
Provided that in case of the absence of a Grievance Redressal
Committee in the organisation as required under sub-section (1), an employee
may submit his complaint directly to the State Grievance Redressal
Committee concerned.
(b) Any person aggrieved by an order made by the Grievance Redressal
Committee of the organisation, may prefer an appeal against such order to the
State Grievance Redressal Committee on the grounds of facts or law within
such period from the date of the order and in such form and manner, as may
be prescribed.
(c) The State Grievance Redressal Committee shall consist of not more
than ten members, including—
(i) at least two legal professionals;
(ii) at least three representatives of labour unions;
(iii) experienced professionals from diverse industries; and
(iv) at least one expert in labour rights, such as an activist,
lawyer, or researcher.
(3)(a) The Central Government shall, within one year of the
commencement of this Act, by notification in the Official Gazette,
constitute a Central Grievance Redressal Committee to address
complaints escalated from the State Grievance Redressal Committees or
address matters connected thereon or incidental therewith, either
referred to it or taken up on suo-moto basis; and
(b) The Central Grievance Redressal Committee shall consist of ten
members, including—
(i) at least two legal professionals;
(ii) at least three representatives of national-level labour unions;
(iii) professionals with expertise in industries of national
relevance; and
(iv) at least one academician or researcher in the field of labour
rights and employment.
(4) The appropriate Government may, by notification, make rules to provide
for the qualifications, method of recruitment, procedure for appointment,
salaries, term of office, resignation and removal of the members of the Central
and State Grievance Redressal Committees.
(5) The appropriate Government shall provide the Central and State
Grievance Redressal Committees with such officers and other employees
as may be required to assist them in the discharge of their functions.
(6) The salaries and allowances payable to, and the other terms and
conditions of service of, the officers and other employees referred in sub section (5) shall be such as may be prescribed.
(7) The functions of the Central and State Grievance Redressal Committees,
the mechanism for filing complaint and manner in which the complaint shall
be filed and admitted, shall be such as may be prescribed.
Grants by the
Central
Government.
11. (1) The Central Government shall, after due appropriation made by the
Parliament, by law in this behalf, provide funds to the Central and State
Grievance Redressal Committees by way of grants, as it may consider
necessary, for carrying out the purposes of this Act.
(2) The Central and State Grievance Redressal Committees may utilize
such grants as they deem fit for performing the functions and
discharging the duties assigned to them under this Act, and such
expenditures shall be treated as payable out of the funds referred to in
sub-section (1).
(3) The accounts of the funds received and expenditures incurred by the
Central and State Grievance Redressal Committees shall be maintained
and audited in the manner prescribed by the appropriate Government.
12. The Central and the State Grievance Redressal Committee shall prepare, in
such form and at such time, for each financial year, as may be prescribed, its
annual report, giving a full account of its activities during the previous
financial year and forward a copy thereof to the appropriate Government.
Annual report.
13. The appropriate Government shall cause the annual report together with the
audit report, to be laid, as soon as may be after the reports are received, before
each House of Parliament or the State Legislature, as the case may be.
Annual report
and audit report
to be laid before
Parliament or the
State
Legislature.
14. (1) The Central and State Grievance Redressal Committees shall, while
inquiring into any matter under this Act, have the same powers as are
vested in a Civil Court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following matters, namely:
Powers of the
State and
Central
Grievance
Redressal
Committees.
5 of 1908.
(a) summoning and enforcing the attendance of persons and
compel them to give oral or written evidence on oath and to produce
the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any
court or office;
(e) issuing summons for examination of witnesses or
documents; and
(f) any other matter which may be prescribed.
(2) Notwithstanding anything inconsistent in any other law for the time
being in force, the Central and State Grievance Redressal Committees
may, during the inquiry into any complaint under this Act, examine any
record to which this Act applies which is under the control of the
Committee, and no such record may be withheld from it on any grounds.
(3) The Central and State Grievance Redressal Committees shall inquire
into any matter in such manner as may be prescribed.
(4) The Central and State Grievance Redressal Committees shall maintain
a register of complaints containing such particulars and such record of
proceedings as may be specified by regulations.
15. (1) The Central and State Grievance Redressal Committees may, on the basis
of an inquiry made in accordance with the procedure laid down by or under
this Act, ―
Violation and
penalties.
(a) impose a monetary penalty for violation of the provisions of this
Act and rules made thereunder, which may extend up to ten lakh rupees;
and
(b) recommend the initiation of criminal prosecution in cases
involving severe violations of the provisions of this Act and rules made
thereunder, as per the applicable laws.
(2) The manner of recovery of the monetary penalty imposed under sub section (1)(a) and the timeframe for disposal of an inquiry initiated under sub section (1) shall be such as may be prescribed.
IV. the likelihood that the passenger changing or cancelling
the passenger’s reservation will fill a seat on another flight
by the same airline;
(ii) the costs of processing the change or cancellation
electronically; and
(iii) any related labour costs;
(b) with respect to a fee described in clause (b) of sub-section (1)
imposed by an air carrier relating to checked baggage —
(i) the costs of processing checked baggage electronically; and
(ii) any related labour costs; and
(c) any other considerations that the Central Government may
consider appropriate.
(3) Not later than two hundred and seventy days from the date of
commencement of this Act, and thereafter at such intervals as may be
prescribed, the Directorate General of Civil Aviation shall lay a report
for assessing whether the fees imposed by airlines are reasonable and
proportional to their costs based on the standards specified in sub-section
(2), in such form and manner as may be prescribed, before each House of
Parliament.
Protections
relating to
disclosure of
flight
information.
12. Every airline shall be prohibited from limiting or withholding
information relating to schedules, fares, including the lowest available
fare options, fees, availability, and taxes relating to flights in passenger
air transportation from consumers and online travel agents and
metasearch engines that provide flight search tools.
Transparency
in pricing of
tickets in air
transportation
.
13. (1) Every airline shall provide useable, current, and accurate information
in a user-friendly, accessible form, with respect to fares, applicable
taxes, and ancillary fees to ticket agents, online travel agents, and
metasearch engines that provide flight search tools.
(2) Every airline shall allow consumers to purchase tickets and pay for
applicable taxes and ancillary fees through ticket agents, online travel
agents, and metasearch engines that provide flight search tools;
(3) Every Airline, ticket agents online travel agents and metasearch
engines that provide flight search tools shall disclose all applicable taxes
and any ancillary fees charged by an airline with respect to a fare that is
applicable to the services identified by the purchaser, at any point at
which the fare is shown in whole or in part; and
(4) Every Airline, ticket agents online travel agents and metasearch
engines that provide flight search tools, through a telephonic
communication with a prospective consumer regarding the cost of air
transportation, shall inform the consumer of all applicable taxes and any
ancillary fees charged by an airline in relation to the air transportation
and associated services requested by the consumer, at any point at which
the cost of the air transportation is disclosed in whole or in part.
Frequent flyer
programs,
fairness and
transparency
14. Not later than one hundred and eighty days from the date of
commencement of this Act, the Central Government shall prescribe rules
and/or regulations to prevent unfair changes to frequent flyer programs
depriving its members of its benefits by —
(i) considering the significance of the change to the frequent flyer
program’s terms and conditions;
(ii) considering the amount of time between the notification
provided to a consumer and the date on which the change takes
effect; and
(iii) requiring each airline that offers a frequent flyer program to
disclose, in a standardised format, when offering or enrolling
consumers into the program, accurate information regarding the
program’s rules, including—
(a) the rate at which credits are earned;
(b) the minimum number of credits earned per flight;
(c) the number of credits needed for each award;
(d) any applicable deadlines for redeeming credits;
(e) any restrictions on the transferability of earned credit and
awards;
(f) other conditions and limitations of the program;
(g) the percentage of successful redemptions; and
(h) frequent flyer seats made available in the top origin and
destination markets.
15. In case a passenger’s baggage is lost, damaged, delayed, or stolen, the
airline shall –
Refunds for
lost, damaged,
delayed, or
stolen
baggage.
(i) promptly provide an automatic refund to a passenger in the
amount of any ancillary fee charged by the airline for checked
baggage if the passenger’s checked baggage arrives damaged; and
(ii) provide notification to a passenger who is impacted by lost,
damaged, delayed, or stolen baggage, through the passenger’s
chosen method of communication, of the procedure by which the
passenger shall obtain a refund and the amount of the refund.
16. All airlines shall notify passengers of their rights and eligibility for
refunds, compensation, and protections required by law, including by an
airline’s contract of carriage, or otherwise available to passenger, which
shall include the following, namely—
Passenger
rights
transparency.
(i) promptly and expressly notify eligible passengers and the
public of their eligibility for refunds, compensation, and
protections not later than 30 minutes after the airline becomes
aware that such passengers have become eligible for such refunds,
compensation, and protections;
(ii) if such airlines permit passengers and other interested persons
to subscribe to flight status notification services—
(a) to deliver refunds, compensation, and protection
notifications to subscribers to such services, by whatever
means the airline offers and which the subscriber chooses; and
(b) to incorporate commitments with respect to such services
into their customer service plans;
(iii) to continuously display information and eligibility
requirements for refunds, compensation, and protections, including
refunds, compensation, and protections relating to —
(a) denied boarding and delays and cancellations (including on
international flights); and
(b) lost, damaged, or delayed luggage; and
(iv) to prominently display passengers’ rights and complaint
submission system and the guidelines for escalation on boarding
passes, computer-generated boarding passes, and ticketed itineraries, at
boarding gates and ticket counters and other prominent places at airports.
Powers to
make rules
17. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both the
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case
may be; however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule.
FINANCIAL MEMORANDUM
Clause 10 of the Bill provides that the appropriate Government shall
constitute a Grievance Redressal Committee at the State and the Central Level.
Clause 11 provides for the grants by the Central Government to the Central and
State Grievance Redressal Committees.
The Bill, therefore, if enacted, would involve both non-recurring and
recurring expenditure from the Consolidated Fund of India. However, at this
juncture, it is difficult to estimate the actual expenditure likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 17 of the Bill empowers the Central Government to make rules for
carrying out the purpose of this Bill. As the rules relate to the matters of details
only, the delegation of legislative power is of a normal character.
V
Bill No. V of 2025
A Bill to promote wellbeing of full-time, temporary, and contractual employees
in their workplace by limiting working hours, fixing leaves,
addressing mental health concerns, and ensuring
appropriate compensation and for matters
connected therewith and
incidental thereto.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:―
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Employees’ Wellbeing Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires,―
(a) ‘appropriate Government’ means in the case of a State, the
Government of that State and in all other cases, the Central Government;
(b) ‘employee’ means any person contributing towards activities at
an organisation whether by rendering their services or contributing
knowledge and includes full-time, part-time, contractual, temporary,
seasonal workers, interns or any other form of work arrangement;
(c) ‘employer’ means any person or entity employing or engaging one
or more employees for any activity or service in an organisation, and
includes their representatives, or assigns;
(d) ‘night work’ means the duty to be performed by an employee for at
least three hours of their working time during the period between twenty
hours of a given day to six hours of the next day;
(e) ‘night worker’ means any worker who performs night work;
(f) ‘organisation’ means any private entity established or located or
registered in the country for the purpose of carrying out business, trade,
profession, or other economic activities in the organised or unorganised
sector;
(g) “prescribed” means prescribed by rules made by the Central
Government under this Act;
(h) ‘recently graduated’ means any person who has completed an
educational degree or diploma from a recognised university or school
within the last three years and is working in a professional environment
for the first time;
(i) ‘rest period’ means any period which is not designated as
working time;
(j) ‘shift work’ means any method of organising work in shifts
whereby workers succeed each other at the same work stations according
to a certain pattern, including a rotating pattern, and which may involve
continuous or discontinuous operations, entailing the need for workers to
work at different times over a given period of days or weeks;
(k) ‘shift worker’ means any worker whose work schedule is part of
shift work;
(l) ‘week’ means a consecutive period of seven days; and
(m) ‘working time’ means any period during which the employee
working is at the employer's disposal and is carrying out his activity or
duties as required by the employer, in accordance with national laws
and/or practice.
CHAPTER II
WORKING HOURS, REST PERIODS, AND LEAVES
Working hours.
3. (1) No organisation or employer shall require or permit an employee to work
for more than forty-two hours in any week.
Explanation. ― For the purposes of this sub-section, the total working
hours in any week shall be calculated as an average of weekly working hours
over a continuous period of four weeks.
(2) Notwithstanding anything contained in sub-section (1), an employer may
require an employee to work up to forty-eight hours in a week, subject to the
condition that such extended hours shall not be required for more than two
days in a calendar month.
(3) In case an employee is required to work beyond the prescribed limit of
working hours under sub-section (1), such employee shall be entitled to
overtime wages as specified in sub-section (3) of section 9.
(4) In case of an emergency in an organisation, employer may request an
employee to perform work beyond the prescribed working hours, subject
to the employee’s consent and such employee shall accordingly be paid
in overtime wages.
(5) An employee shall have the right to refuse his agreement to work
overtime, as may be required by the employer under sub-section (4) or
revoke it at any moment.
(6) If the working hours of an employee on any day exceeds six hours, then
such employee shall be entitled to a rest break as may be prescribed.
(7) Notwithstanding anything contained in this section, every employer
shall ensure that an employee gets the minimum hours of rest which shall
not be less than:
(a) ten consecutive hours of rest in any period of twenty-four hours;
and
(b) a total of seventy-seven hours of rest in any period of seven days.
(8) The provisions of this section shall apply to all forms of employment,
whether in-person, remote, or hybrid forms of working.
Night work.
4. (1) Where an organisation or employer requires an employee to perform
night work, the organization or the employer shall ensure that normal
hours of work for night workers do not exceed an average of eight hours
in any twenty-four-hour period.
(2) For employees engaged in night work involving special hazards or
heavy physical or mental strain, the working hours shall not exceed such
number of hours in any period of twenty-four hours during which such
night work is performed, as may be prescribed.
Explanation.– The determination of work involving special hazards
or heavy physical or mental strain for the purposes of sub-section (2) shall
be made in accordance with rules prescribed under this Act.
(3) An employee undertaking night work suffering from health problems
recognised as being attributable to such work shall, upon recommendation
by a medical practitioner, be transferred whenever possible to day work to
which he is suited.
Leaves.
5. (1) An organisation or employer shall provide at least forty-five days of
leave every year to its employees, whether permanent or temporary:
Provided that out of the total number of leaves provided by an
organisation or employer, at least thirty days of leaves shall be paid
leaves, which shall include medical and menstrual leave also.
(2) If a gazetted holiday falls on the day which is already considered a
leave by the organisation or employers, such as a weekly off day, the
organisation or employer shall provide an additional day of leave to its
employees, which shall not be included within the leave entitlement under
sub-section (1).
(3) An organisation or employer shall determine the distribution of leaves
permitted throughout the calendar year for the employees:
Provided that the distribution of leave so determined in this sub section shall comply with the provisions of this Act.
Right to
disconnect.
6. (1) Every employee shall have the right to disconnect from work-related
communications in any form, from the organisation or the employer, outside
their official working hours.
(2) No adverse consequence or disciplinary action shall be imposed upon any
employee for exercising his right under sub-section (1).
(3) The guidelines for the effective implementation of this section, including
measures to address grievances arising from its violation, shall be such as
may be prescribed.
CHAPTER III
PROVISIONS FOR MENTAL HEALTH
Mental
wellbeing
check-up
services
by mental
health
professionals
for
employees.
7. (1) Every organisation shall provide for voluntary mental wellbeing
check-up services for all employees with professional mental health
experts on such interval as may be prescribed, to ensure a healthy work life balance for all employees.
(2) Every organisation shall provide mandatory monthly mental
wellbeing check-up services for all recently graduated employees with
professional mental health experts to ensure a healthy work-life balance
for new employees.
(3) The mental wellbeing check-up services under sub-section (1) and
(2) shall be provided by qualified health professionals who may be either
employed in-house or engaged externally through contractual
arrangements.
(4) The reports from the mental wellbeing check-up sessions shall
remain confidential with the mental health professionals conducting such
sessions.
(5) Notwithstanding the provisions of sub-section (4), the mental health
professionals may give their general review of employees’ mental health
to the organisation’s administrators, to ensure mental wellbeing of all
employees, while maintaining confidentiality of the matter.
Guidelines to
create a healthy
workplace.
8. (1) The appropriate Government shall issue guidelines, on such intervals as
may be prescribed to create a healthy workplace, and may include measures
for addressing workplace challenges, promoting transparency, fostering
ethical practices, and ensuring the physical and mental well-being of
employees, in such manner as may be prescribed.
(2) Every organisation or employer shall clearly specify guidelines to its
employees on growth and promotion opportunities in the workplace to
prevent overworking, unfair exclusion of employees, and unfair power
dynamics in the workplace.
(3) The head of every organisation or employer shall convene meetings at
regular intervals with union representatives or other authorised
representatives of employees to review and address feedback related to
workplace conditions and implement measures for fostering a healthy and
inclusive workplace environment.
CHAPTER IV
WAGES
9. (1) The appropriate Government shall specify the minimum wages for
different categories of employees, including stipends for recently-graduated
employees, in such manner as may be prescribed:
Wages.
Provided that the minimum wages specified in this sub-section shall be
in consonance with the Code on Wages, 2019 unless otherwise provided in
this Act.
29 of 2019.
(2) The minimum wage or stipend for an employee prescribed under sub section (1) shall be determined in proportion to the cost of living in the
geographical location from where the employee is expected to perform his
duties.
(3) An employee shall be entitled to overtime wages calculated at twice the
hourly rate of his usual remuneration for performing any overtime work
beyond forty-two hours in a week.
(4) All wages, stipends, and overtime payments payable to an employee under
this Act shall be adjusted to the prevailing rate of inflation on a yearly basis
in such manner as may be prescribed.
CHAPTER V
GRIEVANCE REDRESSAL
10. (1) (a) Every organisation employing such minimum number of employees,
as may be prescribed, shall, within one year of the commencement of this
Act, constitute a Grievance Redressal Committee of the Organisation to
address any concerns of the employees relating to the provisions of this Act;
Grievance
redressal
committees.
and
(b) The Grievance Redressal Committee of an organisation shall consist of
not less than three and not more than ten members, including—
(i) at least one member who is a qualified legal professional; and
(ii) at least one external member from the senior management of another
organisation in the same sector:
Provided that the members of the Grievance Redressal Committee
shall be periodically replaced in such manner as may be prescribed.
(2)(a) Every State Government shall, within one year of the
commencement of this Act, by notification in the Official Gazette,
constitute a State Grievance Redressal Committee in each State, which
shall address complaints escalated to them from the Grievance Redressal
Committee of the Organisation constituted under sub-section (1):
Provided that in case of the absence of a Grievance Redressal
Committee in the organisation as required under sub-section (1), an employee
may submit his complaint directly to the State Grievance Redressal
Committee concerned.
(b) Any person aggrieved by an order made by the Grievance Redressal
Committee of the organisation, may prefer an appeal against such order to the
State Grievance Redressal Committee on the grounds of facts or law within
such period from the date of the order and in such form and manner, as may
be prescribed.
(c) The State Grievance Redressal Committee shall consist of not more
than ten members, including—
(i) at least two legal professionals;
(ii) at least three representatives of labour unions;
(iii) experienced professionals from diverse industries; and
(iv) at least one expert in labour rights, such as an activist,
lawyer, or researcher.
(3)(a) The Central Government shall, within one year of the
commencement of this Act, by notification in the Official Gazette,
constitute a Central Grievance Redressal Committee to address
complaints escalated from the State Grievance Redressal Committees or
address matters connected thereon or incidental therewith, either
referred to it or taken up on suo-moto basis; and
(b) The Central Grievance Redressal Committee shall consist of ten
members, including—
(i) at least two legal professionals;
(ii) at least three representatives of national-level labour unions;
(iii) professionals with expertise in industries of national
relevance; and
(iv) at least one academician or researcher in the field of labour
rights and employment.
(4) The appropriate Government may, by notification, make rules to provide
for the qualifications, method of recruitment, procedure for appointment,
salaries, term of office, resignation and removal of the members of the Central
and State Grievance Redressal Committees.
(5) The appropriate Government shall provide the Central and State
Grievance Redressal Committees with such officers and other employees
as may be required to assist them in the discharge of their functions.
(6) The salaries and allowances payable to, and the other terms and
conditions of service of, the officers and other employees referred in sub section (5) shall be such as may be prescribed.
(7) The functions of the Central and State Grievance Redressal Committees,
the mechanism for filing complaint and manner in which the complaint shall
be filed and admitted, shall be such as may be prescribed.
Grants by the
Central
Government.
11. (1) The Central Government shall, after due appropriation made by the
Parliament, by law in this behalf, provide funds to the Central and State
Grievance Redressal Committees by way of grants, as it may consider
necessary, for carrying out the purposes of this Act.
(2) The Central and State Grievance Redressal Committees may utilize
such grants as they deem fit for performing the functions and
discharging the duties assigned to them under this Act, and such
expenditures shall be treated as payable out of the funds referred to in
sub-section (1).
(3) The accounts of the funds received and expenditures incurred by the
Central and State Grievance Redressal Committees shall be maintained
and audited in the manner prescribed by the appropriate Government.
12. The Central and the State Grievance Redressal Committee shall prepare, in
such form and at such time, for each financial year, as may be prescribed, its
annual report, giving a full account of its activities during the previous
financial year and forward a copy thereof to the appropriate Government.
Annual report.
13. The appropriate Government shall cause the annual report together with the
audit report, to be laid, as soon as may be after the reports are received, before
each House of Parliament or the State Legislature, as the case may be.
Annual report
and audit report
to be laid before
Parliament or the
State
Legislature.
14. (1) The Central and State Grievance Redressal Committees shall, while
inquiring into any matter under this Act, have the same powers as are
vested in a Civil Court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following matters, namely:
Powers of the
State and
Central
Grievance
Redressal
Committees.
5 of 1908.
(a) summoning and enforcing the attendance of persons and
compel them to give oral or written evidence on oath and to produce
the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any
court or office;
(e) issuing summons for examination of witnesses or
documents; and
(f) any other matter which may be prescribed.
(2) Notwithstanding anything inconsistent in any other law for the time
being in force, the Central and State Grievance Redressal Committees
may, during the inquiry into any complaint under this Act, examine any
record to which this Act applies which is under the control of the
Committee, and no such record may be withheld from it on any grounds.
(3) The Central and State Grievance Redressal Committees shall inquire
into any matter in such manner as may be prescribed.
(4) The Central and State Grievance Redressal Committees shall maintain
a register of complaints containing such particulars and such record of
proceedings as may be specified by regulations.
15. (1) The Central and State Grievance Redressal Committees may, on the basis
of an inquiry made in accordance with the procedure laid down by or under
this Act, ―
Violation and
penalties.
(a) impose a monetary penalty for violation of the provisions of this
Act and rules made thereunder, which may extend up to ten lakh rupees;
and
(b) recommend the initiation of criminal prosecution in cases
involving severe violations of the provisions of this Act and rules made
thereunder, as per the applicable laws.
(2) The manner of recovery of the monetary penalty imposed under sub section (1)(a) and the timeframe for disposal of an inquiry initiated under sub section (1) shall be such as may be prescribed.
IV. the likelihood that the passenger changing or cancelling
the passenger’s reservation will fill a seat on another flight
by the same airline;
(ii) the costs of processing the change or cancellation
electronically; and
(iii) any related labour costs;
(b) with respect to a fee described in clause (b) of sub-section (1)
imposed by an air carrier relating to checked baggage —
(i) the costs of processing checked baggage electronically; and
(ii) any related labour costs; and
(c) any other considerations that the Central Government may
consider appropriate.
(3) Not later than two hundred and seventy days from the date of
commencement of this Act, and thereafter at such intervals as may be
prescribed, the Directorate General of Civil Aviation shall lay a report
for assessing whether the fees imposed by airlines are reasonable and
proportional to their costs based on the standards specified in sub-section
(2), in such form and manner as may be prescribed, before each House of
Parliament.
Protections
relating to
disclosure of
flight
information.
12. Every airline shall be prohibited from limiting or withholding
information relating to schedules, fares, including the lowest available
fare options, fees, availability, and taxes relating to flights in passenger
air transportation from consumers and online travel agents and
metasearch engines that provide flight search tools.
Transparency
in pricing of
tickets in air
transportation
.
13. (1) Every airline shall provide useable, current, and accurate information
in a user-friendly, accessible form, with respect to fares, applicable
taxes, and ancillary fees to ticket agents, online travel agents, and
metasearch engines that provide flight search tools.
(2) Every airline shall allow consumers to purchase tickets and pay for
applicable taxes and ancillary fees through ticket agents, online travel
agents, and metasearch engines that provide flight search tools;
(3) Every Airline, ticket agents online travel agents and metasearch
engines that provide flight search tools shall disclose all applicable taxes
and any ancillary fees charged by an airline with respect to a fare that is
applicable to the services identified by the purchaser, at any point at
which the fare is shown in whole or in part; and
(4) Every Airline, ticket agents online travel agents and metasearch
engines that provide flight search tools, through a telephonic
communication with a prospective consumer regarding the cost of air
transportation, shall inform the consumer of all applicable taxes and any
ancillary fees charged by an airline in relation to the air transportation
and associated services requested by the consumer, at any point at which
the cost of the air transportation is disclosed in whole or in part.
Frequent flyer
programs,
fairness and
transparency
14. Not later than one hundred and eighty days from the date of
commencement of this Act, the Central Government shall prescribe rules
and/or regulations to prevent unfair changes to frequent flyer programs
depriving its members of its benefits by —
(i) considering the significance of the change to the frequent flyer
program’s terms and conditions;
(ii) considering the amount of time between the notification
provided to a consumer and the date on which the change takes
effect; and
(iii) requiring each airline that offers a frequent flyer program to
disclose, in a standardised format, when offering or enrolling
consumers into the program, accurate information regarding the
program’s rules, including—
(a) the rate at which credits are earned;
(b) the minimum number of credits earned per flight;
(c) the number of credits needed for each award;
(d) any applicable deadlines for redeeming credits;
(e) any restrictions on the transferability of earned credit and
awards;
(f) other conditions and limitations of the program;
(g) the percentage of successful redemptions; and
(h) frequent flyer seats made available in the top origin and
destination markets.
15. In case a passenger’s baggage is lost, damaged, delayed, or stolen, the
airline shall –
Refunds for
lost, damaged,
delayed, or
stolen
baggage.
(i) promptly provide an automatic refund to a passenger in the
amount of any ancillary fee charged by the airline for checked
baggage if the passenger’s checked baggage arrives damaged; and
(ii) provide notification to a passenger who is impacted by lost,
damaged, delayed, or stolen baggage, through the passenger’s
chosen method of communication, of the procedure by which the
passenger shall obtain a refund and the amount of the refund.
16. All airlines shall notify passengers of their rights and eligibility for
refunds, compensation, and protections required by law, including by an
airline’s contract of carriage, or otherwise available to passenger, which
shall include the following, namely—
Passenger
rights
transparency.
(i) promptly and expressly notify eligible passengers and the
public of their eligibility for refunds, compensation, and
protections not later than 30 minutes after the airline becomes
aware that such passengers have become eligible for such refunds,
compensation, and protections;
(ii) if such airlines permit passengers and other interested persons
to subscribe to flight status notification services—
(a) to deliver refunds, compensation, and protection
notifications to subscribers to such services, by whatever
means the airline offers and which the subscriber chooses; and
(b) to incorporate commitments with respect to such services
into their customer service plans;
(iii) to continuously display information and eligibility
requirements for refunds, compensation, and protections, including
refunds, compensation, and protections relating to —
(a) denied boarding and delays and cancellations (including on
international flights); and
(b) lost, damaged, or delayed luggage; and
(iv) to prominently display passengers’ rights and complaint
submission system and the guidelines for escalation on boarding
passes, computer-generated boarding passes, and ticketed itineraries, at
boarding gates and ticket counters and other prominent places at airports.
Powers to
make rules
17. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both the
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case
may be; however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule.
FINANCIAL MEMORANDUM
Clause 10 of the Bill provides that the appropriate Government shall
constitute a Grievance Redressal Committee at the State and the Central Level.
Clause 11 provides for the grants by the Central Government to the Central and
State Grievance Redressal Committees.
The Bill, therefore, if enacted, would involve both non-recurring and
recurring expenditure from the Consolidated Fund of India. However, at this
juncture, it is difficult to estimate the actual expenditure likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 17 of the Bill empowers the Central Government to make rules for
carrying out the purpose of this Bill. As the rules relate to the matters of details
only, the delegation of legislative power is of a normal character.
V
Bill No. V of 2025
A Bill to promote wellbeing of full-time, temporary, and contractual employees
in their workplace by limiting working hours, fixing leaves,
addressing mental health concerns, and ensuring
appropriate compensation and for matters
connected therewith and
incidental thereto.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:―
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Employees’ Wellbeing Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires,―
(a) ‘appropriate Government’ means in the case of a State, the
Government of that State and in all other cases, the Central Government;
(b) ‘employee’ means any person contributing towards activities at
an organisation whether by rendering their services or contributing
knowledge and includes full-time, part-time, contractual, temporary,
seasonal workers, interns or any other form of work arrangement;
(c) ‘employer’ means any person or entity employing or engaging one
or more employees for any activity or service in an organisation, and
includes their representatives, or assigns;
(d) ‘night work’ means the duty to be performed by an employee for at
least three hours of their working time during the period between twenty
hours of a given day to six hours of the next day;
(e) ‘night worker’ means any worker who performs night work;
(f) ‘organisation’ means any private entity established or located or
registered in the country for the purpose of carrying out business, trade,
profession, or other economic activities in the organised or unorganised
sector;
(g) “prescribed” means prescribed by rules made by the Central
Government under this Act;
(h) ‘recently graduated’ means any person who has completed an
educational degree or diploma from a recognised university or school
within the last three years and is working in a professional environment
for the first time;
(i) ‘rest period’ means any period which is not designated as
working time;
(j) ‘shift work’ means any method of organising work in shifts
whereby workers succeed each other at the same work stations according
to a certain pattern, including a rotating pattern, and which may involve
continuous or discontinuous operations, entailing the need for workers to
work at different times over a given period of days or weeks;
(k) ‘shift worker’ means any worker whose work schedule is part of
shift work;
(l) ‘week’ means a consecutive period of seven days; and
(m) ‘working time’ means any period during which the employee
working is at the employer's disposal and is carrying out his activity or
duties as required by the employer, in accordance with national laws
and/or practice.
CHAPTER II
WORKING HOURS, REST PERIODS, AND LEAVES
Working hours.
3. (1) No organisation or employer shall require or permit an employee to work
for more than forty-two hours in any week.
Explanation. ― For the purposes of this sub-section, the total working
hours in any week shall be calculated as an average of weekly working hours
over a continuous period of four weeks.
(2) Notwithstanding anything contained in sub-section (1), an employer may
require an employee to work up to forty-eight hours in a week, subject to the
condition that such extended hours shall not be required for more than two
days in a calendar month.
(3) In case an employee is required to work beyond the prescribed limit of
working hours under sub-section (1), such employee shall be entitled to
overtime wages as specified in sub-section (3) of section 9.
(4) In case of an emergency in an organisation, employer may request an
employee to perform work beyond the prescribed working hours, subject
to the employee’s consent and such employee shall accordingly be paid
in overtime wages.
(5) An employee shall have the right to refuse his agreement to work
overtime, as may be required by the employer under sub-section (4) or
revoke it at any moment.
(6) If the working hours of an employee on any day exceeds six hours, then
such employee shall be entitled to a rest break as may be prescribed.
(7) Notwithstanding anything contained in this section, every employer
shall ensure that an employee gets the minimum hours of rest which shall
not be less than:
(a) ten consecutive hours of rest in any period of twenty-four hours;
and
(b) a total of seventy-seven hours of rest in any period of seven days.
(8) The provisions of this section shall apply to all forms of employment,
whether in-person, remote, or hybrid forms of working.
Night work.
4. (1) Where an organisation or employer requires an employee to perform
night work, the organization or the employer shall ensure that normal
hours of work for night workers do not exceed an average of eight hours
in any twenty-four-hour period.
(2) For employees engaged in night work involving special hazards or
heavy physical or mental strain, the working hours shall not exceed such
number of hours in any period of twenty-four hours during which such
night work is performed, as may be prescribed.
Explanation.– The determination of work involving special hazards
or heavy physical or mental strain for the purposes of sub-section (2) shall
be made in accordance with rules prescribed under this Act.
(3) An employee undertaking night work suffering from health problems
recognised as being attributable to such work shall, upon recommendation
by a medical practitioner, be transferred whenever possible to day work to
which he is suited.
Leaves.
5. (1) An organisation or employer shall provide at least forty-five days of
leave every year to its employees, whether permanent or temporary:
Provided that out of the total number of leaves provided by an
organisation or employer, at least thirty days of leaves shall be paid
leaves, which shall include medical and menstrual leave also.
(2) If a gazetted holiday falls on the day which is already considered a
leave by the organisation or employers, such as a weekly off day, the
organisation or employer shall provide an additional day of leave to its
employees, which shall not be included within the leave entitlement under
sub-section (1).
(3) An organisation or employer shall determine the distribution of leaves
permitted throughout the calendar year for the employees:
Provided that the distribution of leave so determined in this sub section shall comply with the provisions of this Act.
Right to
disconnect.
6. (1) Every employee shall have the right to disconnect from work-related
communications in any form, from the organisation or the employer, outside
their official working hours.
(2) No adverse consequence or disciplinary action shall be imposed upon any
employee for exercising his right under sub-section (1).
(3) The guidelines for the effective implementation of this section, including
measures to address grievances arising from its violation, shall be such as
may be prescribed.
CHAPTER III
PROVISIONS FOR MENTAL HEALTH
Mental
wellbeing
check-up
services
by mental
health
professionals
for
employees.
7. (1) Every organisation shall provide for voluntary mental wellbeing
check-up services for all employees with professional mental health
experts on such interval as may be prescribed, to ensure a healthy work life balance for all employees.
(2) Every organisation shall provide mandatory monthly mental
wellbeing check-up services for all recently graduated employees with
professional mental health experts to ensure a healthy work-life balance
for new employees.
(3) The mental wellbeing check-up services under sub-section (1) and
(2) shall be provided by qualified health professionals who may be either
employed in-house or engaged externally through contractual
arrangements.
(4) The reports from the mental wellbeing check-up sessions shall
remain confidential with the mental health professionals conducting such
sessions.
(5) Notwithstanding the provisions of sub-section (4), the mental health
professionals may give their general review of employees’ mental health
to the organisation’s administrators, to ensure mental wellbeing of all
employees, while maintaining confidentiality of the matter.
Guidelines to
create a healthy
workplace.
8. (1) The appropriate Government shall issue guidelines, on such intervals as
may be prescribed to create a healthy workplace, and may include measures
for addressing workplace challenges, promoting transparency, fostering
ethical practices, and ensuring the physical and mental well-being of
employees, in such manner as may be prescribed.
(2) Every organisation or employer shall clearly specify guidelines to its
employees on growth and promotion opportunities in the workplace to
prevent overworking, unfair exclusion of employees, and unfair power
dynamics in the workplace.
(3) The head of every organisation or employer shall convene meetings at
regular intervals with union representatives or other authorised
representatives of employees to review and address feedback related to
workplace conditions and implement measures for fostering a healthy and
inclusive workplace environment.
CHAPTER IV
WAGES
9. (1) The appropriate Government shall specify the minimum wages for
different categories of employees, including stipends for recently-graduated
employees, in such manner as may be prescribed:
Wages.
Provided that the minimum wages specified in this sub-section shall be
in consonance with the Code on Wages, 2019 unless otherwise provided in
this Act.
29 of 2019.
(2) The minimum wage or stipend for an employee prescribed under sub section (1) shall be determined in proportion to the cost of living in the
geographical location from where the employee is expected to perform his
duties.
(3) An employee shall be entitled to overtime wages calculated at twice the
hourly rate of his usual remuneration for performing any overtime work
beyond forty-two hours in a week.
(4) All wages, stipends, and overtime payments payable to an employee under
this Act shall be adjusted to the prevailing rate of inflation on a yearly basis
in such manner as may be prescribed.
CHAPTER V
GRIEVANCE REDRESSAL
10. (1) (a) Every organisation employing such minimum number of employees,
as may be prescribed, shall, within one year of the commencement of this
Act, constitute a Grievance Redressal Committee of the Organisation to
address any concerns of the employees relating to the provisions of this Act;
Grievance
redressal
committees.
and
(b) The Grievance Redressal Committee of an organisation shall consist of
not less than three and not more than ten members, including—
(i) at least one member who is a qualified legal professional; and
(ii) at least one external member from the senior management of another
organisation in the same sector:
Provided that the members of the Grievance Redressal Committee
shall be periodically replaced in such manner as may be prescribed.
(2)(a) Every State Government shall, within one year of the
commencement of this Act, by notification in the Official Gazette,
constitute a State Grievance Redressal Committee in each State, which
shall address complaints escalated to them from the Grievance Redressal
Committee of the Organisation constituted under sub-section (1):
Provided that in case of the absence of a Grievance Redressal
Committee in the organisation as required under sub-section (1), an employee
may submit his complaint directly to the State Grievance Redressal
Committee concerned.
(b) Any person aggrieved by an order made by the Grievance Redressal
Committee of the organisation, may prefer an appeal against such order to the
State Grievance Redressal Committee on the grounds of facts or law within
such period from the date of the order and in such form and manner, as may
be prescribed.
(c) The State Grievance Redressal Committee shall consist of not more
than ten members, including—
(i) at least two legal professionals;
(ii) at least three representatives of labour unions;
(iii) experienced professionals from diverse industries; and
(iv) at least one expert in labour rights, such as an activist,
lawyer, or researcher.
(3)(a) The Central Government shall, within one year of the
commencement of this Act, by notification in the Official Gazette,
constitute a Central Grievance Redressal Committee to address
complaints escalated from the State Grievance Redressal Committees or
address matters connected thereon or incidental therewith, either
referred to it or taken up on suo-moto basis; and
(b) The Central Grievance Redressal Committee shall consist of ten
members, including—
(i) at least two legal professionals;
(ii) at least three representatives of national-level labour unions;
(iii) professionals with expertise in industries of national
relevance; and
(iv) at least one academician or researcher in the field of labour
rights and employment.
(4) The appropriate Government may, by notification, make rules to provide
for the qualifications, method of recruitment, procedure for appointment,
salaries, term of office, resignation and removal of the members of the Central
and State Grievance Redressal Committees.
(5) The appropriate Government shall provide the Central and State
Grievance Redressal Committees with such officers and other employees
as may be required to assist them in the discharge of their functions.
(6) The salaries and allowances payable to, and the other terms and
conditions of service of, the officers and other employees referred in sub section (5) shall be such as may be prescribed.
(7) The functions of the Central and State Grievance Redressal Committees,
the mechanism for filing complaint and manner in which the complaint shall
be filed and admitted, shall be such as may be prescribed.
Grants by the
Central
Government.
11. (1) The Central Government shall, after due appropriation made by the
Parliament, by law in this behalf, provide funds to the Central and State
Grievance Redressal Committees by way of grants, as it may consider
necessary, for carrying out the purposes of this Act.
(2) The Central and State Grievance Redressal Committees may utilize
such grants as they deem fit for performing the functions and
discharging the duties assigned to them under this Act, and such
expenditures shall be treated as payable out of the funds referred to in
sub-section (1).
(3) The accounts of the funds received and expenditures incurred by the
Central and State Grievance Redressal Committees shall be maintained
and audited in the manner prescribed by the appropriate Government.
12. The Central and the State Grievance Redressal Committee shall prepare, in
such form and at such time, for each financial year, as may be prescribed, its
annual report, giving a full account of its activities during the previous
financial year and forward a copy thereof to the appropriate Government.
Annual report.
13. The appropriate Government shall cause the annual report together with the
audit report, to be laid, as soon as may be after the reports are received, before
each House of Parliament or the State Legislature, as the case may be.
Annual report
and audit report
to be laid before
Parliament or the
State
Legislature.
14. (1) The Central and State Grievance Redressal Committees shall, while
inquiring into any matter under this Act, have the same powers as are
vested in a Civil Court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following matters, namely:
Powers of the
State and
Central
Grievance
Redressal
Committees.
5 of 1908.
(a) summoning and enforcing the attendance of persons and
compel them to give oral or written evidence on oath and to produce
the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any
court or office;
(e) issuing summons for examination of witnesses or
documents; and
(f) any other matter which may be prescribed.
(2) Notwithstanding anything inconsistent in any other law for the time
being in force, the Central and State Grievance Redressal Committees
may, during the inquiry into any complaint under this Act, examine any
record to which this Act applies which is under the control of the
Committee, and no such record may be withheld from it on any grounds.
(3) The Central and State Grievance Redressal Committees shall inquire
into any matter in such manner as may be prescribed.
(4) The Central and State Grievance Redressal Committees shall maintain
a register of complaints containing such particulars and such record of
proceedings as may be specified by regulations.
15. (1) The Central and State Grievance Redressal Committees may, on the basis
of an inquiry made in accordance with the procedure laid down by or under
this Act, ―
Violation and
penalties.
(a) impose a monetary penalty for violation of the provisions of this
Act and rules made thereunder, which may extend up to ten lakh rupees;
and
(b) recommend the initiation of criminal prosecution in cases
involving severe violations of the provisions of this Act and rules made
thereunder, as per the applicable laws.
(2) The manner of recovery of the monetary penalty imposed under sub section (1)(a) and the timeframe for disposal of an inquiry initiated under sub section (1) shall be such as may be prescribed.
IV. the likelihood that the passenger changing or cancelling
the passenger’s reservation will fill a seat on another flight
by the same airline;
(ii) the costs of processing the change or cancellation
electronically; and
(iii) any related labour costs;
(b) with respect to a fee described in clause (b) of sub-section (1)
imposed by an air carrier relating to checked baggage —
(i) the costs of processing checked baggage electronically; and
(ii) any related labour costs; and
(c) any other considerations that the Central Government may
consider appropriate.
(3) Not later than two hundred and seventy days from the date of
commencement of this Act, and thereafter at such intervals as may be
prescribed, the Directorate General of Civil Aviation shall lay a report
for assessing whether the fees imposed by airlines are reasonable and
proportional to their costs based on the standards specified in sub-section
(2), in such form and manner as may be prescribed, before each House of
Parliament.
Protections
relating to
disclosure of
flight
information.
12. Every airline shall be prohibited from limiting or withholding
information relating to schedules, fares, including the lowest available
fare options, fees, availability, and taxes relating to flights in passenger
air transportation from consumers and online travel agents and
metasearch engines that provide flight search tools.
Transparency
in pricing of
tickets in air
transportation
.
13. (1) Every airline shall provide useable, current, and accurate information
in a user-friendly, accessible form, with respect to fares, applicable
taxes, and ancillary fees to ticket agents, online travel agents, and
metasearch engines that provide flight search tools.
(2) Every airline shall allow consumers to purchase tickets and pay for
applicable taxes and ancillary fees through ticket agents, online travel
agents, and metasearch engines that provide flight search tools;
(3) Every Airline, ticket agents online travel agents and metasearch
engines that provide flight search tools shall disclose all applicable taxes
and any ancillary fees charged by an airline with respect to a fare that is
applicable to the services identified by the purchaser, at any point at
which the fare is shown in whole or in part; and
(4) Every Airline, ticket agents online travel agents and metasearch
engines that provide flight search tools, through a telephonic
communication with a prospective consumer regarding the cost of air
transportation, shall inform the consumer of all applicable taxes and any
ancillary fees charged by an airline in relation to the air transportation
and associated services requested by the consumer, at any point at which
the cost of the air transportation is disclosed in whole or in part.
Frequent flyer
programs,
fairness and
transparency
14. Not later than one hundred and eighty days from the date of
commencement of this Act, the Central Government shall prescribe rules
and/or regulations to prevent unfair changes to frequent flyer programs
depriving its members of its benefits by —
(i) considering the significance of the change to the frequent flyer
program’s terms and conditions;
(ii) considering the amount of time between the notification
provided to a consumer and the date on which the change takes
effect; and
(iii) requiring each airline that offers a frequent flyer program to
disclose, in a standardised format, when offering or enrolling
consumers into the program, accurate information regarding the
program’s rules, including—
(a) the rate at which credits are earned;
(b) the minimum number of credits earned per flight;
(c) the number of credits needed for each award;
(d) any applicable deadlines for redeeming credits;
(e) any restrictions on the transferability of earned credit and
awards;
(f) other conditions and limitations of the program;
(g) the percentage of successful redemptions; and
(h) frequent flyer seats made available in the top origin and
destination markets.
15. In case a passenger’s baggage is lost, damaged, delayed, or stolen, the
airline shall –
Refunds for
lost, damaged,
delayed, or
stolen
baggage.
(i) promptly provide an automatic refund to a passenger in the
amount of any ancillary fee charged by the airline for checked
baggage if the passenger’s checked baggage arrives damaged; and
(ii) provide notification to a passenger who is impacted by lost,
damaged, delayed, or stolen baggage, through the passenger’s
chosen method of communication, of the procedure by which the
passenger shall obtain a refund and the amount of the refund.
16. All airlines shall notify passengers of their rights and eligibility for
refunds, compensation, and protections required by law, including by an
airline’s contract of carriage, or otherwise available to passenger, which
shall include the following, namely—
Passenger
rights
transparency.
(i) promptly and expressly notify eligible passengers and the
public of their eligibility for refunds, compensation, and
protections not later than 30 minutes after the airline becomes
aware that such passengers have become eligible for such refunds,
compensation, and protections;
(ii) if such airlines permit passengers and other interested persons
to subscribe to flight status notification services—
(a) to deliver refunds, compensation, and protection
notifications to subscribers to such services, by whatever
means the airline offers and which the subscriber chooses; and
(b) to incorporate commitments with respect to such services
into their customer service plans;
(iii) to continuously display information and eligibility
requirements for refunds, compensation, and protections, including
refunds, compensation, and protections relating to —
(a) denied boarding and delays and cancellations (including on
international flights); and
(b) lost, damaged, or delayed luggage; and
(iv) to prominently display passengers’ rights and complaint
submission system and the guidelines for escalation on boarding
passes, computer-generated boarding passes, and ticketed itineraries, at
boarding gates and ticket counters and other prominent places at airports.
Powers to
make rules
17. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both the
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case
may be; however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule.
FINANCIAL MEMORANDUM
Clause 10 of the Bill provides that the appropriate Government shall
constitute a Grievance Redressal Committee at the State and the Central Level.
Clause 11 provides for the grants by the Central Government to the Central and
State Grievance Redressal Committees.
The Bill, therefore, if enacted, would involve both non-recurring and
recurring expenditure from the Consolidated Fund of India. However, at this
juncture, it is difficult to estimate the actual expenditure likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 17 of the Bill empowers the Central Government to make rules for
carrying out the purpose of this Bill. As the rules relate to the matters of details
only, the delegation of legislative power is of a normal character.
V
Bill No. V of 2025
A Bill to promote wellbeing of full-time, temporary, and contractual employees
in their workplace by limiting working hours, fixing leaves,
addressing mental health concerns, and ensuring
appropriate compensation and for matters
connected therewith and
incidental thereto.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:―
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Employees’ Wellbeing Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires,―
(a) ‘appropriate Government’ means in the case of a State, the
Government of that State and in all other cases, the Central Government;
(b) ‘employee’ means any person contributing towards activities at
an organisation whether by rendering their services or contributing
knowledge and includes full-time, part-time, contractual, temporary,
seasonal workers, interns or any other form of work arrangement;
(c) ‘employer’ means any person or entity employing or engaging one
or more employees for any activity or service in an organisation, and
includes their representatives, or assigns;
(d) ‘night work’ means the duty to be performed by an employee for at
least three hours of their working time during the period between twenty
hours of a given day to six hours of the next day;
(e) ‘night worker’ means any worker who performs night work;
(f) ‘organisation’ means any private entity established or located or
registered in the country for the purpose of carrying out business, trade,
profession, or other economic activities in the organised or unorganised
sector;
(g) “prescribed” means prescribed by rules made by the Central
Government under this Act;
(h) ‘recently graduated’ means any person who has completed an
educational degree or diploma from a recognised university or school
within the last three years and is working in a professional environment
for the first time;
(i) ‘rest period’ means any period which is not designated as
working time;
(j) ‘shift work’ means any method of organising work in shifts
whereby workers succeed each other at the same work stations according
to a certain pattern, including a rotating pattern, and which may involve
continuous or discontinuous operations, entailing the need for workers to
work at different times over a given period of days or weeks;
(k) ‘shift worker’ means any worker whose work schedule is part of
shift work;
(l) ‘week’ means a consecutive period of seven days; and
(m) ‘working time’ means any period during which the employee
working is at the employer's disposal and is carrying out his activity or
duties as required by the employer, in accordance with national laws
and/or practice.
CHAPTER II
WORKING HOURS, REST PERIODS, AND LEAVES
Working hours.
3. (1) No organisation or employer shall require or permit an employee to work
for more than forty-two hours in any week.
Explanation. ― For the purposes of this sub-section, the total working
hours in any week shall be calculated as an average of weekly working hours
over a continuous period of four weeks.
(2) Notwithstanding anything contained in sub-section (1), an employer may
require an employee to work up to forty-eight hours in a week, subject to the
condition that such extended hours shall not be required for more than two
days in a calendar month.
(3) In case an employee is required to work beyond the prescribed limit of
working hours under sub-section (1), such employee shall be entitled to
overtime wages as specified in sub-section (3) of section 9.
(4) In case of an emergency in an organisation, employer may request an
employee to perform work beyond the prescribed working hours, subject
to the employee’s consent and such employee shall accordingly be paid
in overtime wages.
(5) An employee shall have the right to refuse his agreement to work
overtime, as may be required by the employer under sub-section (4) or
revoke it at any moment.
(6) If the working hours of an employee on any day exceeds six hours, then
such employee shall be entitled to a rest break as may be prescribed.
(7) Notwithstanding anything contained in this section, every employer
shall ensure that an employee gets the minimum hours of rest which shall
not be less than:
(a) ten consecutive hours of rest in any period of twenty-four hours;
and
(b) a total of seventy-seven hours of rest in any period of seven days.
(8) The provisions of this section shall apply to all forms of employment,
whether in-person, remote, or hybrid forms of working.
Night work.
4. (1) Where an organisation or employer requires an employee to perform
night work, the organization or the employer shall ensure that normal
hours of work for night workers do not exceed an average of eight hours
in any twenty-four-hour period.
(2) For employees engaged in night work involving special hazards or
heavy physical or mental strain, the working hours shall not exceed such
number of hours in any period of twenty-four hours during which such
night work is performed, as may be prescribed.
Explanation.– The determination of work involving special hazards
or heavy physical or mental strain for the purposes of sub-section (2) shall
be made in accordance with rules prescribed under this Act.
(3) An employee undertaking night work suffering from health problems
recognised as being attributable to such work shall, upon recommendation
by a medical practitioner, be transferred whenever possible to day work to
which he is suited.
Leaves.
5. (1) An organisation or employer shall provide at least forty-five days of
leave every year to its employees, whether permanent or temporary:
Provided that out of the total number of leaves provided by an
organisation or employer, at least thirty days of leaves shall be paid
leaves, which shall include medical and menstrual leave also.
(2) If a gazetted holiday falls on the day which is already considered a
leave by the organisation or employers, such as a weekly off day, the
organisation or employer shall provide an additional day of leave to its
employees, which shall not be included within the leave entitlement under
sub-section (1).
(3) An organisation or employer shall determine the distribution of leaves
permitted throughout the calendar year for the employees:
Provided that the distribution of leave so determined in this sub section shall comply with the provisions of this Act.
Right to
disconnect.
6. (1) Every employee shall have the right to disconnect from work-related
communications in any form, from the organisation or the employer, outside
their official working hours.
(2) No adverse consequence or disciplinary action shall be imposed upon any
employee for exercising his right under sub-section (1).
(3) The guidelines for the effective implementation of this section, including
measures to address grievances arising from its violation, shall be such as
may be prescribed.
CHAPTER III
PROVISIONS FOR MENTAL HEALTH
Mental
wellbeing
check-up
services
by mental
health
professionals
for
employees.
7. (1) Every organisation shall provide for voluntary mental wellbeing
check-up services for all employees with professional mental health
experts on such interval as may be prescribed, to ensure a healthy work life balance for all employees.
(2) Every organisation shall provide mandatory monthly mental
wellbeing check-up services for all recently graduated employees with
professional mental health experts to ensure a healthy work-life balance
for new employees.
(3) The mental wellbeing check-up services under sub-section (1) and
(2) shall be provided by qualified health professionals who may be either
employed in-house or engaged externally through contractual
arrangements.
(4) The reports from the mental wellbeing check-up sessions shall
remain confidential with the mental health professionals conducting such
sessions.
(5) Notwithstanding the provisions of sub-section (4), the mental health
professionals may give their general review of employees’ mental health
to the organisation’s administrators, to ensure mental wellbeing of all
employees, while maintaining confidentiality of the matter.
Guidelines to
create a healthy
workplace.
8. (1) The appropriate Government shall issue guidelines, on such intervals as
may be prescribed to create a healthy workplace, and may include measures
for addressing workplace challenges, promoting transparency, fostering
ethical practices, and ensuring the physical and mental well-being of
employees, in such manner as may be prescribed.
(2) Every organisation or employer shall clearly specify guidelines to its
employees on growth and promotion opportunities in the workplace to
prevent overworking, unfair exclusion of employees, and unfair power
dynamics in the workplace.
(3) The head of every organisation or employer shall convene meetings at
regular intervals with union representatives or other authorised
representatives of employees to review and address feedback related to
workplace conditions and implement measures for fostering a healthy and
inclusive workplace environment.
CHAPTER IV
WAGES
9. (1) The appropriate Government shall specify the minimum wages for
different categories of employees, including stipends for recently-graduated
employees, in such manner as may be prescribed:
Wages.
Provided that the minimum wages specified in this sub-section shall be
in consonance with the Code on Wages, 2019 unless otherwise provided in
this Act.
29 of 2019.
(2) The minimum wage or stipend for an employee prescribed under sub section (1) shall be determined in proportion to the cost of living in the
geographical location from where the employee is expected to perform his
duties.
(3) An employee shall be entitled to overtime wages calculated at twice the
hourly rate of his usual remuneration for performing any overtime work
beyond forty-two hours in a week.
(4) All wages, stipends, and overtime payments payable to an employee under
this Act shall be adjusted to the prevailing rate of inflation on a yearly basis
in such manner as may be prescribed.
CHAPTER V
GRIEVANCE REDRESSAL
10. (1) (a) Every organisation employing such minimum number of employees,
as may be prescribed, shall, within one year of the commencement of this
Act, constitute a Grievance Redressal Committee of the Organisation to
address any concerns of the employees relating to the provisions of this Act;
Grievance
redressal
committees.
and
(b) The Grievance Redressal Committee of an organisation shall consist of
not less than three and not more than ten members, including—
(i) at least one member who is a qualified legal professional; and
(ii) at least one external member from the senior management of another
organisation in the same sector:
Provided that the members of the Grievance Redressal Committee
shall be periodically replaced in such manner as may be prescribed.
(2)(a) Every State Government shall, within one year of the
commencement of this Act, by notification in the Official Gazette,
constitute a State Grievance Redressal Committee in each State, which
shall address complaints escalated to them from the Grievance Redressal
Committee of the Organisation constituted under sub-section (1):
Provided that in case of the absence of a Grievance Redressal
Committee in the organisation as required under sub-section (1), an employee
may submit his complaint directly to the State Grievance Redressal
Committee concerned.
(b) Any person aggrieved by an order made by the Grievance Redressal
Committee of the organisation, may prefer an appeal against such order to the
State Grievance Redressal Committee on the grounds of facts or law within
such period from the date of the order and in such form and manner, as may
be prescribed.
(c) The State Grievance Redressal Committee shall consist of not more
than ten members, including—
(i) at least two legal professionals;
(ii) at least three representatives of labour unions;
(iii) experienced professionals from diverse industries; and
(iv) at least one expert in labour rights, such as an activist,
lawyer, or researcher.
(3)(a) The Central Government shall, within one year of the
commencement of this Act, by notification in the Official Gazette,
constitute a Central Grievance Redressal Committee to address
complaints escalated from the State Grievance Redressal Committees or
address matters connected thereon or incidental therewith, either
referred to it or taken up on suo-moto basis; and
(b) The Central Grievance Redressal Committee shall consist of ten
members, including—
(i) at least two legal professionals;
(ii) at least three representatives of national-level labour unions;
(iii) professionals with expertise in industries of national
relevance; and
(iv) at least one academician or researcher in the field of labour
rights and employment.
(4) The appropriate Government may, by notification, make rules to provide
for the qualifications, method of recruitment, procedure for appointment,
salaries, term of office, resignation and removal of the members of the Central
and State Grievance Redressal Committees.
(5) The appropriate Government shall provide the Central and State
Grievance Redressal Committees with such officers and other employees
as may be required to assist them in the discharge of their functions.
(6) The salaries and allowances payable to, and the other terms and
conditions of service of, the officers and other employees referred in sub section (5) shall be such as may be prescribed.
(7) The functions of the Central and State Grievance Redressal Committees,
the mechanism for filing complaint and manner in which the complaint shall
be filed and admitted, shall be such as may be prescribed.
Grants by the
Central
Government.
11. (1) The Central Government shall, after due appropriation made by the
Parliament, by law in this behalf, provide funds to the Central and State
Grievance Redressal Committees by way of grants, as it may consider
necessary, for carrying out the purposes of this Act.
(2) The Central and State Grievance Redressal Committees may utilize
such grants as they deem fit for performing the functions and
discharging the duties assigned to them under this Act, and such
expenditures shall be treated as payable out of the funds referred to in
sub-section (1).
(3) The accounts of the funds received and expenditures incurred by the
Central and State Grievance Redressal Committees shall be maintained
and audited in the manner prescribed by the appropriate Government.
12. The Central and the State Grievance Redressal Committee shall prepare, in
such form and at such time, for each financial year, as may be prescribed, its
annual report, giving a full account of its activities during the previous
financial year and forward a copy thereof to the appropriate Government.
Annual report.
13. The appropriate Government shall cause the annual report together with the
audit report, to be laid, as soon as may be after the reports are received, before
each House of Parliament or the State Legislature, as the case may be.
Annual report
and audit report
to be laid before
Parliament or the
State
Legislature.
14. (1) The Central and State Grievance Redressal Committees shall, while
inquiring into any matter under this Act, have the same powers as are
vested in a Civil Court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following matters, namely:
Powers of the
State and
Central
Grievance
Redressal
Committees.
5 of 1908.
(a) summoning and enforcing the attendance of persons and
compel them to give oral or written evidence on oath and to produce
the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any
court or office;
(e) issuing summons for examination of witnesses or
documents; and
(f) any other matter which may be prescribed.
(2) Notwithstanding anything inconsistent in any other law for the time
being in force, the Central and State Grievance Redressal Committees
may, during the inquiry into any complaint under this Act, examine any
record to which this Act applies which is under the control of the
Committee, and no such record may be withheld from it on any grounds.
(3) The Central and State Grievance Redressal Committees shall inquire
into any matter in such manner as may be prescribed.
(4) The Central and State Grievance Redressal Committees shall maintain
a register of complaints containing such particulars and such record of
proceedings as may be specified by regulations.
15. (1) The Central and State Grievance Redressal Committees may, on the basis
of an inquiry made in accordance with the procedure laid down by or under
this Act, ―
Violation and
penalties.
(a) impose a monetary penalty for violation of the provisions of this
Act and rules made thereunder, which may extend up to ten lakh rupees;
and
(b) recommend the initiation of criminal prosecution in cases
involving severe violations of the provisions of this Act and rules made
thereunder, as per the applicable laws.
(2) The manner of recovery of the monetary penalty imposed under sub section (1)(a) and the timeframe for disposal of an inquiry initiated under sub section (1) shall be such as may be prescribed.
IV. the likelihood that the passenger changing or cancelling
the passenger’s reservation will fill a seat on another flight
by the same airline;
(ii) the costs of processing the change or cancellation
electronically; and
(iii) any related labour costs;
(b) with respect to a fee described in clause (b) of sub-section (1)
imposed by an air carrier relating to checked baggage —
(i) the costs of processing checked baggage electronically; and
(ii) any related labour costs; and
(c) any other considerations that the Central Government may
consider appropriate.
(3) Not later than two hundred and seventy days from the date of
commencement of this Act, and thereafter at such intervals as may be
prescribed, the Directorate General of Civil Aviation shall lay a report
for assessing whether the fees imposed by airlines are reasonable and
proportional to their costs based on the standards specified in sub-section
(2), in such form and manner as may be prescribed, before each House of
Parliament.
Protections
relating to
disclosure of
flight
information.
12. Every airline shall be prohibited from limiting or withholding
information relating to schedules, fares, including the lowest available
fare options, fees, availability, and taxes relating to flights in passenger
air transportation from consumers and online travel agents and
metasearch engines that provide flight search tools.
Transparency
in pricing of
tickets in air
transportation
.
13. (1) Every airline shall provide useable, current, and accurate information
in a user-friendly, accessible form, with respect to fares, applicable
taxes, and ancillary fees to ticket agents, online travel agents, and
metasearch engines that provide flight search tools.
(2) Every airline shall allow consumers to purchase tickets and pay for
applicable taxes and ancillary fees through ticket agents, online travel
agents, and metasearch engines that provide flight search tools;
(3) Every Airline, ticket agents online travel agents and metasearch
engines that provide flight search tools shall disclose all applicable taxes
and any ancillary fees charged by an airline with respect to a fare that is
applicable to the services identified by the purchaser, at any point at
which the fare is shown in whole or in part; and
(4) Every Airline, ticket agents online travel agents and metasearch
engines that provide flight search tools, through a telephonic
communication with a prospective consumer regarding the cost of air
transportation, shall inform the consumer of all applicable taxes and any
ancillary fees charged by an airline in relation to the air transportation
and associated services requested by the consumer, at any point at which
the cost of the air transportation is disclosed in whole or in part.
Frequent flyer
programs,
fairness and
transparency
14. Not later than one hundred and eighty days from the date of
commencement of this Act, the Central Government shall prescribe rules
and/or regulations to prevent unfair changes to frequent flyer programs
depriving its members of its benefits by —
(i) considering the significance of the change to the frequent flyer
program’s terms and conditions;
(ii) considering the amount of time between the notification
provided to a consumer and the date on which the change takes
effect; and
(iii) requiring each airline that offers a frequent flyer program to
disclose, in a standardised format, when offering or enrolling
consumers into the program, accurate information regarding the
program’s rules, including—
(a) the rate at which credits are earned;
(b) the minimum number of credits earned per flight;
(c) the number of credits needed for each award;
(d) any applicable deadlines for redeeming credits;
(e) any restrictions on the transferability of earned credit and
awards;
(f) other conditions and limitations of the program;
(g) the percentage of successful redemptions; and
(h) frequent flyer seats made available in the top origin and
destination markets.
15. In case a passenger’s baggage is lost, damaged, delayed, or stolen, the
airline shall –
Refunds for
lost, damaged,
delayed, or
stolen
baggage.
(i) promptly provide an automatic refund to a passenger in the
amount of any ancillary fee charged by the airline for checked
baggage if the passenger’s checked baggage arrives damaged; and
(ii) provide notification to a passenger who is impacted by lost,
damaged, delayed, or stolen baggage, through the passenger’s
chosen method of communication, of the procedure by which the
passenger shall obtain a refund and the amount of the refund.
16. All airlines shall notify passengers of their rights and eligibility for
refunds, compensation, and protections required by law, including by an
airline’s contract of carriage, or otherwise available to passenger, which
shall include the following, namely—
Passenger
rights
transparency.
(i) promptly and expressly notify eligible passengers and the
public of their eligibility for refunds, compensation, and
protections not later than 30 minutes after the airline becomes
aware that such passengers have become eligible for such refunds,
compensation, and protections;
(ii) if such airlines permit passengers and other interested persons
to subscribe to flight status notification services—
(a) to deliver refunds, compensation, and protection
notifications to subscribers to such services, by whatever
means the airline offers and which the subscriber chooses; and
(b) to incorporate commitments with respect to such services
into their customer service plans;
(iii) to continuously display information and eligibility
requirements for refunds, compensation, and protections, including
refunds, compensation, and protections relating to —
(a) denied boarding and delays and cancellations (including on
international flights); and
(b) lost, damaged, or delayed luggage; and
(iv) to prominently display passengers’ rights and complaint
submission system and the guidelines for escalation on boarding
passes, computer-generated boarding passes, and ticketed itineraries, at
boarding gates and ticket counters and other prominent places at airports.
Powers to
make rules
17. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both the
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case
may be; however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule.
FINANCIAL MEMORANDUM
Clause 10 of the Bill provides that the appropriate Government shall
constitute a Grievance Redressal Committee at the State and the Central Level.
Clause 11 provides for the grants by the Central Government to the Central and
State Grievance Redressal Committees.
The Bill, therefore, if enacted, would involve both non-recurring and
recurring expenditure from the Consolidated Fund of India. However, at this
juncture, it is difficult to estimate the actual expenditure likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 17 of the Bill empowers the Central Government to make rules for
carrying out the purpose of this Bill. As the rules relate to the matters of details
only, the delegation of legislative power is of a normal character.
V
Bill No. V of 2025
A Bill to promote wellbeing of full-time, temporary, and contractual employees
in their workplace by limiting working hours, fixing leaves,
addressing mental health concerns, and ensuring
appropriate compensation and for matters
connected therewith and
incidental thereto.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:―
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Employees’ Wellbeing Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires,―
(a) ‘appropriate Government’ means in the case of a State, the
Government of that State and in all other cases, the Central Government;
(b) ‘employee’ means any person contributing towards activities at
an organisation whether by rendering their services or contributing
knowledge and includes full-time, part-time, contractual, temporary,
seasonal workers, interns or any other form of work arrangement;
(c) ‘employer’ means any person or entity employing or engaging one
or more employees for any activity or service in an organisation, and
includes their representatives, or assigns;
(d) ‘night work’ means the duty to be performed by an employee for at
least three hours of their working time during the period between twenty
hours of a given day to six hours of the next day;
(e) ‘night worker’ means any worker who performs night work;
(f) ‘organisation’ means any private entity established or located or
registered in the country for the purpose of carrying out business, trade,
profession, or other economic activities in the organised or unorganised
sector;
(g) “prescribed” means prescribed by rules made by the Central
Government under this Act;
(h) ‘recently graduated’ means any person who has completed an
educational degree or diploma from a recognised university or school
within the last three years and is working in a professional environment
for the first time;
(i) ‘rest period’ means any period which is not designated as
working time;
(j) ‘shift work’ means any method of organising work in shifts
whereby workers succeed each other at the same work stations according
to a certain pattern, including a rotating pattern, and which may involve
continuous or discontinuous operations, entailing the need for workers to
work at different times over a given period of days or weeks;
(k) ‘shift worker’ means any worker whose work schedule is part of
shift work;
(l) ‘week’ means a consecutive period of seven days; and
(m) ‘working time’ means any period during which the employee
working is at the employer's disposal and is carrying out his activity or
duties as required by the employer, in accordance with national laws
and/or practice.
CHAPTER II
WORKING HOURS, REST PERIODS, AND LEAVES
Working hours.
3. (1) No organisation or employer shall require or permit an employee to work
for more than forty-two hours in any week.
Explanation. ― For the purposes of this sub-section, the total working
hours in any week shall be calculated as an average of weekly working hours
over a continuous period of four weeks.
(2) Notwithstanding anything contained in sub-section (1), an employer may
require an employee to work up to forty-eight hours in a week, subject to the
condition that such extended hours shall not be required for more than two
days in a calendar month.
(3) In case an employee is required to work beyond the prescribed limit of
working hours under sub-section (1), such employee shall be entitled to
overtime wages as specified in sub-section (3) of section 9.
(4) In case of an emergency in an organisation, employer may request an
employee to perform work beyond the prescribed working hours, subject
to the employee’s consent and such employee shall accordingly be paid
in overtime wages.
(5) An employee shall have the right to refuse his agreement to work
overtime, as may be required by the employer under sub-section (4) or
revoke it at any moment.
(6) If the working hours of an employee on any day exceeds six hours, then
such employee shall be entitled to a rest break as may be prescribed.
(7) Notwithstanding anything contained in this section, every employer
shall ensure that an employee gets the minimum hours of rest which shall
not be less than:
(a) ten consecutive hours of rest in any period of twenty-four hours;
and
(b) a total of seventy-seven hours of rest in any period of seven days.
(8) The provisions of this section shall apply to all forms of employment,
whether in-person, remote, or hybrid forms of working.
Night work.
4. (1) Where an organisation or employer requires an employee to perform
night work, the organization or the employer shall ensure that normal
hours of work for night workers do not exceed an average of eight hours
in any twenty-four-hour period.
(2) For employees engaged in night work involving special hazards or
heavy physical or mental strain, the working hours shall not exceed such
number of hours in any period of twenty-four hours during which such
night work is performed, as may be prescribed.
Explanation.– The determination of work involving special hazards
or heavy physical or mental strain for the purposes of sub-section (2) shall
be made in accordance with rules prescribed under this Act.
(3) An employee undertaking night work suffering from health problems
recognised as being attributable to such work shall, upon recommendation
by a medical practitioner, be transferred whenever possible to day work to
which he is suited.
Leaves.
5. (1) An organisation or employer shall provide at least forty-five days of
leave every year to its employees, whether permanent or temporary:
Provided that out of the total number of leaves provided by an
organisation or employer, at least thirty days of leaves shall be paid
leaves, which shall include medical and menstrual leave also.
(2) If a gazetted holiday falls on the day which is already considered a
leave by the organisation or employers, such as a weekly off day, the
organisation or employer shall provide an additional day of leave to its
employees, which shall not be included within the leave entitlement under
sub-section (1).
(3) An organisation or employer shall determine the distribution of leaves
permitted throughout the calendar year for the employees:
Provided that the distribution of leave so determined in this sub section shall comply with the provisions of this Act.
Right to
disconnect.
6. (1) Every employee shall have the right to disconnect from work-related
communications in any form, from the organisation or the employer, outside
their official working hours.
(2) No adverse consequence or disciplinary action shall be imposed upon any
employee for exercising his right under sub-section (1).
(3) The guidelines for the effective implementation of this section, including
measures to address grievances arising from its violation, shall be such as
may be prescribed.
CHAPTER III
PROVISIONS FOR MENTAL HEALTH
Mental
wellbeing
check-up
services
by mental
health
professionals
for
employees.
7. (1) Every organisation shall provide for voluntary mental wellbeing
check-up services for all employees with professional mental health
experts on such interval as may be prescribed, to ensure a healthy work life balance for all employees.
(2) Every organisation shall provide mandatory monthly mental
wellbeing check-up services for all recently graduated employees with
professional mental health experts to ensure a healthy work-life balance
for new employees.
(3) The mental wellbeing check-up services under sub-section (1) and
(2) shall be provided by qualified health professionals who may be either
employed in-house or engaged externally through contractual
arrangements.
(4) The reports from the mental wellbeing check-up sessions shall
remain confidential with the mental health professionals conducting such
sessions.
(5) Notwithstanding the provisions of sub-section (4), the mental health
professionals may give their general review of employees’ mental health
to the organisation’s administrators, to ensure mental wellbeing of all
employees, while maintaining confidentiality of the matter.
Guidelines to
create a healthy
workplace.
8. (1) The appropriate Government shall issue guidelines, on such intervals as
may be prescribed to create a healthy workplace, and may include measures
for addressing workplace challenges, promoting transparency, fostering
ethical practices, and ensuring the physical and mental well-being of
employees, in such manner as may be prescribed.
(2) Every organisation or employer shall clearly specify guidelines to its
employees on growth and promotion opportunities in the workplace to
prevent overworking, unfair exclusion of employees, and unfair power
dynamics in the workplace.
(3) The head of every organisation or employer shall convene meetings at
regular intervals with union representatives or other authorised
representatives of employees to review and address feedback related to
workplace conditions and implement measures for fostering a healthy and
inclusive workplace environment.
CHAPTER IV
WAGES
9. (1) The appropriate Government shall specify the minimum wages for
different categories of employees, including stipends for recently-graduated
employees, in such manner as may be prescribed:
Wages.
Provided that the minimum wages specified in this sub-section shall be
in consonance with the Code on Wages, 2019 unless otherwise provided in
this Act.
29 of 2019.
(2) The minimum wage or stipend for an employee prescribed under sub section (1) shall be determined in proportion to the cost of living in the
geographical location from where the employee is expected to perform his
duties.
(3) An employee shall be entitled to overtime wages calculated at twice the
hourly rate of his usual remuneration for performing any overtime work
beyond forty-two hours in a week.
(4) All wages, stipends, and overtime payments payable to an employee under
this Act shall be adjusted to the prevailing rate of inflation on a yearly basis
in such manner as may be prescribed.
CHAPTER V
GRIEVANCE REDRESSAL
10. (1) (a) Every organisation employing such minimum number of employees,
as may be prescribed, shall, within one year of the commencement of this
Act, constitute a Grievance Redressal Committee of the Organisation to
address any concerns of the employees relating to the provisions of this Act;
Grievance
redressal
committees.
and
(b) The Grievance Redressal Committee of an organisation shall consist of
not less than three and not more than ten members, including—
(i) at least one member who is a qualified legal professional; and
(ii) at least one external member from the senior management of another
organisation in the same sector:
Provided that the members of the Grievance Redressal Committee
shall be periodically replaced in such manner as may be prescribed.
(2)(a) Every State Government shall, within one year of the
commencement of this Act, by notification in the Official Gazette,
constitute a State Grievance Redressal Committee in each State, which
shall address complaints escalated to them from the Grievance Redressal
Committee of the Organisation constituted under sub-section (1):
Provided that in case of the absence of a Grievance Redressal
Committee in the organisation as required under sub-section (1), an employee
may submit his complaint directly to the State Grievance Redressal
Committee concerned.
(b) Any person aggrieved by an order made by the Grievance Redressal
Committee of the organisation, may prefer an appeal against such order to the
State Grievance Redressal Committee on the grounds of facts or law within
such period from the date of the order and in such form and manner, as may
be prescribed.
(c) The State Grievance Redressal Committee shall consist of not more
than ten members, including—
(i) at least two legal professionals;
(ii) at least three representatives of labour unions;
(iii) experienced professionals from diverse industries; and
(iv) at least one expert in labour rights, such as an activist,
lawyer, or researcher.
(3)(a) The Central Government shall, within one year of the
commencement of this Act, by notification in the Official Gazette,
constitute a Central Grievance Redressal Committee to address
complaints escalated from the State Grievance Redressal Committees or
address matters connected thereon or incidental therewith, either
referred to it or taken up on suo-moto basis; and
(b) The Central Grievance Redressal Committee shall consist of ten
members, including—
(i) at least two legal professionals;
(ii) at least three representatives of national-level labour unions;
(iii) professionals with expertise in industries of national
relevance; and
(iv) at least one academician or researcher in the field of labour
rights and employment.
(4) The appropriate Government may, by notification, make rules to provide
for the qualifications, method of recruitment, procedure for appointment,
salaries, term of office, resignation and removal of the members of the Central
and State Grievance Redressal Committees.
(5) The appropriate Government shall provide the Central and State
Grievance Redressal Committees with such officers and other employees
as may be required to assist them in the discharge of their functions.
(6) The salaries and allowances payable to, and the other terms and
conditions of service of, the officers and other employees referred in sub section (5) shall be such as may be prescribed.
(7) The functions of the Central and State Grievance Redressal Committees,
the mechanism for filing complaint and manner in which the complaint shall
be filed and admitted, shall be such as may be prescribed.
Grants by the
Central
Government.
11. (1) The Central Government shall, after due appropriation made by the
Parliament, by law in this behalf, provide funds to the Central and State
Grievance Redressal Committees by way of grants, as it may consider
necessary, for carrying out the purposes of this Act.
(2) The Central and State Grievance Redressal Committees may utilize
such grants as they deem fit for performing the functions and
discharging the duties assigned to them under this Act, and such
expenditures shall be treated as payable out of the funds referred to in
sub-section (1).
(3) The accounts of the funds received and expenditures incurred by the
Central and State Grievance Redressal Committees shall be maintained
and audited in the manner prescribed by the appropriate Government.
12. The Central and the State Grievance Redressal Committee shall prepare, in
such form and at such time, for each financial year, as may be prescribed, its
annual report, giving a full account of its activities during the previous
financial year and forward a copy thereof to the appropriate Government.
Annual report.
13. The appropriate Government shall cause the annual report together with the
audit report, to be laid, as soon as may be after the reports are received, before
each House of Parliament or the State Legislature, as the case may be.
Annual report
and audit report
to be laid before
Parliament or the
State
Legislature.
14. (1) The Central and State Grievance Redressal Committees shall, while
inquiring into any matter under this Act, have the same powers as are
vested in a Civil Court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following matters, namely:
Powers of the
State and
Central
Grievance
Redressal
Committees.
5 of 1908.
(a) summoning and enforcing the attendance of persons and
compel them to give oral or written evidence on oath and to produce
the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any
court or office;
(e) issuing summons for examination of witnesses or
documents; and
(f) any other matter which may be prescribed.
(2) Notwithstanding anything inconsistent in any other law for the time
being in force, the Central and State Grievance Redressal Committees
may, during the inquiry into any complaint under this Act, examine any
record to which this Act applies which is under the control of the
Committee, and no such record may be withheld from it on any grounds.
(3) The Central and State Grievance Redressal Committees shall inquire
into any matter in such manner as may be prescribed.
(4) The Central and State Grievance Redressal Committees shall maintain
a register of complaints containing such particulars and such record of
proceedings as may be specified by regulations.
15. (1) The Central and State Grievance Redressal Committees may, on the basis
of an inquiry made in accordance with the procedure laid down by or under
this Act, ―
Violation and
penalties.
(a) impose a monetary penalty for violation of the provisions of this
Act and rules made thereunder, which may extend up to ten lakh rupees;
and
(b) recommend the initiation of criminal prosecution in cases
involving severe violations of the provisions of this Act and rules made
thereunder, as per the applicable laws.
(2) The manner of recovery of the monetary penalty imposed under sub section (1)(a) and the timeframe for disposal of an inquiry initiated under sub section (1) shall be such as may be prescribed.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 19 of the Bill empowers the Central Government to make rules for carrying
out the purposes of the Act. Clause 25 empowers the Central Government to make such
provisions through an order for removing any difficulty that might arise in giving effect
to the provisions of the Bill.
As the rules will relate to matters of procedural and administrative detail only, the
delegation of legislative power is of a normal character.
VI
Bill No. IV of 2025
A Bill to provide for regulation of animal breeders and owners and to
prohibit the inbreeding and cross-breeding of non-indigenous domestic
and pet animals in the country and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:⸺
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Regulation of Animal Breeding Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires,⸺
(a) “animal” means a domestic animal which may be kept for any
purpose, including but not limited to livestock, research, or as a
pet animal;
(b) “animal breeder” means anyone who is legally authorised to
breed animals, whether through Government licensing or
authorisations provided by the Animal Welfare Board of India or
the State Animal Welfare Board;
(c) “animal owner” shall have the same meaning as assigned to
“owner” in the Prevention of Cruelty to Animals Act, 1960;
(d) “Animal Welfare Board of India” means the statutory
advisory body established under section 4 of the Prevention of
Cruelty to Animals Act, 1960, functioning under the aegis of the
Ministry of Fisheries, Animal Husbandry and Dairying and
promotes animal welfare in the country;
59 of 1960.
(e) “commercial animal breeding” (or “commercial breeding”)
means the business of breeding animals for the purpose of selling
them and does not include using them as livestock or pack
animals;
(f) “Committee for Control and Supervision of Experiments on
Animals” means the statutory body established under section 15
of the Prevention of Cruelty to Animals Act, 1960, for
controlling and supervising experiments on animals;
59 of 1960.
(g) “cross-breeding” means the deliberate mating of two animals
that are different breeds or varieties of the same species;
(h) “domestic animal” means any species of animal that has been
tamed, whether socially or genetically, and can co-exist in society
without being a threat;
(i) “inbreeding” means the deliberate mating of animals that
share a recent common ancestor and for the purposes of this Act,
two animals are considered to have recent common ancestors if
they share a common ancestor within the last three generations
before the older animal;
Illustration.⸺ For instance, any animal whose parent,
grandparent, or great-grandparent is the same as the parent,
grandparent or great-grandparent of another animal shall be
considered to have recent common ancestors;
(j) “indigenous breed” means any animal breed which is native to
the soil and climatic conditions of India, and shall include local
indigenous breeds emerging from specific regions of the country;
(k) “livestock” means any animal which is kept as an asset
and can provide labour or produce commodities for consumption;
(l) “non-indigenous breed” means any animal breed which is not
an indigenous breed;
(m) “pet animal” means any domestic animal that is kept by a
person in their household for private enjoyment and
companionship; and
(n) “prescribed” means prescribed by rules made under this Act.
CHAPTER II
REGISTRATION AND LICENSING OF ANIMAL BREEDERS AND ANIMAL
OWNERS
3. (1) No person shall be permitted to pursue commercial animal breeding
unless they are registered with the Animal Welfare Board of India.
Registration and
licensing of
animal breeders.
(2) The Animal Welfare Board of India shall, either through sub-units in
States, or by itself:
(i) maintain a register of animal breeders in the country in such
form and manner as may be prescribed and shall include
information on the species, breeds, and number of animals bred
by them; and
(ii) make criteria for the inclusion of animal breeders in the register.
(3) While registering and licensing an animal breeder, the Animal Welfare
Board of India shall ensure that minimum requirements for animal
breeding are met as specified through guidelines under section 6 of this
Act.
(4) The State Government may formulate additional regulations to issue
licenses for animal breeders.
(5) The registration of animal breeders as done by the Animal Welfare
Board of India shall be valid for not more than a period of six years,
beginning from the date of issuance of the certificate of registration, and
the registration may be renewed before the expiry of the previous
registration certificate for a person to continue as an animal breeder.
(6) The Animal Welfare Board of India may formulate regulations on the
procedure for registration of animal breeders including the fees, renewal of
registration certificate after adequate quality checks, and the timeline of
registration, which should not exceed ninety days, starting from the date of
submission of the application to register to the issuance of the registration
certificate or proof of rejection of the application.
(7) The provisions of this section are applicable to all animal breeders,
including those that are currently practicing animal breeding.
Registration of
animal owners.
4. (1) All animal owners, owning animals for any purpose, including as
pets, livestock, or for research purposes, except for commercial
breeding, shall be required to register their animals with the Animal
Welfare Board of India.
(2) The Animal Welfare Board of India shall, either through sub-units
in States, or by itself:
(i) maintain a register of animals owned in the country in
such form and manner as may be prescribed and shall
include information on the species, breeds, and details of the
owner; and
(ii) have the right to refuse registration, and hence ownership of
animals to any person that do not seem well-equipped to care for
the animal, as per the criteria as may be prescribed.
(3) While registering an animal and its owner, the Animal Welfare
Board of India shall ensure that minimum requirements for animal
ownership are met as specified through guidelines under section 7 of
this Act.
(4) In the event of the birth of offspring(s) of an already registered
animal, it is the responsibility of the owner of the parent animal to
register the offspring(s) and accordingly obtain a new litter certificate
for the same, in such manner as may be prescribed.
(5) The State Government may formulate additional regulations to
register animals and their owners.
(6) The registration of animals as done by the Animal Welfare Board
of India shall be valid throughout the lifetime of an animal and may
be renewed in the case of change of ownership.
(7) The Animal Welfare Board of India may formulate regulations on the
procedure for registration of animals and their owners.
(8) The provisions of this section are applicable to all owned animals,
including those that are currently animal owned for personal or
professional uses.
CHAPTER III
REGULATORY BODIES
Formation of
animal-specific
regulatory
bodies.
5. (1) The Central Government shall, by notification in the Official Gazette,
facilitate the formation of separate regulatory bodies for each species of
animal under the Animal Welfare Board of India.
(2) The animal-specific regulatory bodies shall be responsible for:
(i) ensuring safe and ethical breeding of each animal variety;
(ii) ensuring availability of adoption shelters and foster homes with
adequate provisions for animals without owners;
(iii) encouraging research towards healthy breeding practices and for
improvements to the breed quality of indigenous animals;
(iv) ensuring compliance of the extant provisions of animal breeding
and animal ownership;
(v) regulating the animal breeding and ownership industry to prevent
cruelty and abandonment of animals;
(vi) promoting adoption of indigenous animal breeds for all
purposes, particularly as pets; and
(vii) formulating guidelines pertinent to sections 6 and 7 of this Act.
CHAPTER IV
GUIDELINES FOR BREEDING, PET OWNERSHIP, AND IMPORT
Guidelines for
breeding and
breeders.
6. The Central Government shall issue guidelines, not later than one
hundred and eighty days from the date of commencement of this Act,
on breeding of animals which shall include provisions regarding, but
not limited to:
(i) the minimum age at which an animal may be used for breeding,
specified based on the species and its average life span;
(ii) the maximum age at which an animal may be used for breeding,
specified based on the species and its average life span;
(iii) the frequency at which a singular animal may be used for
breeding to prevent any health deterioration of the parent and
offspring animals;
(iv) the minimum and maximum age by which an animal shall be
vaccinated;
(v) authorising only qualified persons, either by training or by
experience, to take up commercial breeding;
(vi) ensuring that any commercial breeding facility is well equipped
for breeding animals and follows ethical practices of breeding;
(vii) ensuring that no animals are harmed or deprived in a breeding
facility;
(viii) ensuring that offsprings of animals are registered through new
litter certificates;
(ix) encouraging research to improve breeds of indigenous animals
and setting breed standards through scientifically monitored
processes; and
(x) encouraging efforts towards popularising indigenous animal
breeds through collaboration with animal lovers and regulatory
bodies; and
(xi) any genetic deficiency identified during cross-breeding animals for
research purposes shall be reported to the Animal Welfare Board of
India within sixty days of identifying the deficiency.
7. The Central Government shall issue guidelines, not later than one hundred
and eighty days from the date of commencement of this Act, on pet
ownership which shall include provisions regarding, but not limited to:
Guidelines for pet
ownership.
(i) ensuring that a pet owner does not cause their pet animal any
unnecessary pain, suffering or distress, throughout its lifetime,
including at times when the pet animal’s life may have to be terminated
to free it of suffering;
(ii) ensuring health and welfare of the pet animals, including
vaccinations and microchipping;
(iii) ensuring the provision of food, water, exercise, and space for a pet
animal based on the typical traits of its species and breed;
(iv) limiting pet ownership to persons above the age of eighteen;
(v) preventing pet ownership to persons who may not be well-equipped
to care for an animal; and
(vi) preventing pet ownership of animals that are unsuitable to be kept
as pets.
Guidelines for
import of animals.
8. The Government shall issue guidelines, not later than one hundred and
eighty days from the date of commencement of this Act, on import of
animals for breeding purposes which shall include provisions regarding,
but not limited to:
(i) ensuring that every animal that enters the country has a health
certification issued by the country of origin to prove the animal’s good
health and status of vaccination;
(ii) ensuring that every animal that is imported into the country is
suitable to survive in the climate of its destination and that adequate
resources are available for its wellbeing;
(iii) ensuring that every animal that enters the country reaches its
destination, is not allowed to escape, and its excreta is not littered;
(iv) cleaning and disinfecting of animal that is imported into the
country immediately upon reaching its destination;
(v) facilitating random checks of animals being imported to ensure
their health conditions and adequate safety measures being undertaken
while transporting them;
(vi) ensuring that the imported animals comply with guidelines
specified for breeding and pet ownership, as specified in Sections 6
and 7 of this Act; and
(vii) ensuring that any animal for non-breeding purposes is sterilised
before it enters the country.
CHAPTER IV
BREEDING RESTRICTIONS FOR PETS AND LIVESTOCK
Banning cross breeding and
inbreeding of non indigenous animal
breeds for non research and non livestock
purposes.
9. (1) No animal breeder shall be permitted to cross-breed a non
indigenous animal breed with an indigenous animal breed of the same
species for any non-research and non-livestock purposes, including for
keeping it as a pet or pack animal.
(2) No animal breeder shall be permitted to cross-breed two different
non-indigenous animal breeds of the same species for any non-research
and non-livestock purposes, including for keeping it as a pet or pack
animal.
(3) No animal breeder shall be permitted to inbreed a non-indigenous
animal breed for any non-research and non-livestock purposes,
including for keeping it as a pet or pack animal.
(4) Any animal breeder cross-breeding or inbreeding a non-indigenous
animal breed for research purposes shall strictly comply with the
Prevention of Cruelty to Animals Act, 1960, its rules and guidelines.
59 of 1960
(5) The Committee for Control and Supervision of Experiments on
Animals shall formulate rules to prevent any cross-breeding or
inbreeding of a non-indigenous animal breed for research purposes,
which is known to cause genetic deficiencies in the offspring, in such
manner as may be prescribed.
Partial ban on
cross-breeding
and complete ban
on inbreeding of
non-indigenous
animal breeds for
livestock
purposes.
10. (1) An animal breeder may cross-breed a non-indigenous and indigenous
animal breed or two non-indigenous breeds for livestock purposes if it has
been scientifically tested to be advantageous for the offspring in terms of
its health and product yield, and poses no threat of genetic deficiencies.
(2) No animal breeder shall be permitted to inbreed a non-indigenous
animal breed for livestock purposes.
Sterilising animal
breeds with genetic
deficiencies due to
cross-breeding and
inbreeding with
non-indigenous
animals.
11. An animal offspring already produced for any purpose, before the
implementation of this Act, through cross-breeding or inbreeding of a non indigenous animal breed with known genetic deficiencies, shall be
sterilised by the owner or the breeder, in the absence of an owner, to
prevent reproduction and amplification of genetic deficiencies.
CHAPTER V
GRIEVANCE REDRESSAL MECHANISM
Grievance
redressal with the
Animal Welfare
Board of India.
12. (1) Any person aggrieved with the violation of any provisions of this Act
may approach the Animal Welfare Board of India or the State Animal
Welfare Board, if available.
(2) The Animal Welfare Board of India shall constitute a Grievance
Appellate Committee with at least five members, as may be prescribed, to
address any grievances it receives with respect to the provisions of this Act
and their enactment.
Powers of the
Grievance
Appellate
Committee.
13. (1) The Grievance Appellate Committee shall, while inquiring into any
matter under this Act, have the same powers as are vested in a Civil Court
while trying a suit under the Code of Civil Procedure, 1908, in respect of
the following matters, namely:
5 of 1908.
(a) summoning and enforcing the attendance of persons and
compelling them to give oral or written evidence on oath and to
produce the documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any court
or office;
(e) issuing summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed.
(2) Notwithstanding anything inconsistent in any other law for the time
being in force, the Grievance Appellate Committee may, during the
inquiry into any complaint under this Act, examine any record to which
this Act applies which is under the control of the Committee, and no such
record may be withheld from it on any grounds.
(3) The Grievance Appellate Committee shall inquire into any matter in
such manner as may be prescribed.
(4) The Grievance Appellate Committee shall maintain a register of
complaints containing such particulars and such record of proceedings as
may be prescribed.
Violations and
penalties.
14. The Grievance Appellate Committee may, on the basis of an inquiry made
in accordance with the procedure laid down by or under this Act:
(a) impose a fine of up to ten lakh rupees for violation of code of
ethics and conduct by animal breeders, owners, regulators, or elected
administrators of regulated bodies; and
(b) initiate criminal prosecution in cases of severe violation of code
of ethics and conduct, or unethical or unprofessional conduct,
against animal breeders, owners, regulators, or elected
administrators of regulatory bodies.
CHAPTER VI
MISCELLANEOUS
Powers of Central
Government to
make rules and
laying thereof.
15. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both the
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case
may be; however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule.
Power of State
Government to
make regulations
and laying
thereof.
16. (1) The State Government may, by notification, make rules for carrying
out the provisions of this Act and not inconsistent with the rules, if any,
made by the Central Government.
(2) Every regulations made by the State Government shall be laid, as soon
as may be after it is made, before each House of the State Legislature
where it consists of two Houses, or where such Legislature consists of one
House, before that House.
STATEMENT OF OBJECTS AND REASONS
Many Indians are increasingly purchasing exotic animal breeds as pets,
including canines, felines, and avians that are not suited to the Indian habitat. This
rising demand has contributed to illegal breeding practices, notably cross breeding and inbreeding of non-native species within the country.
Cross-breeding within animal species, especially in livestock, has been
applied to achieve desirable outcomes, such as increased yields. However, this
practice can also introduce genetic weaknesses that negatively impact animal
health. Inbreeding is particularly detrimental, as it increases the likelihood of
genetic disorders, leading to shorter lifespans and reduced disease resistance in
offspring.
Commercially bred animals, whether through cross-breeding or inbreeding,
often suffer from mistreatment and abandonment. Female animals are frequently
subjected to repeated pregnancies, resulting in nutritionally and genetically
deficient mothers and offspring that are either abandoned or fail to survive.
This Bill addresses these critical issues in the animal breeding industry by
establishing a framework to regulate illegal animal breeding through mandatory
registration of breeders and animal owners, and by prohibiting the cross-breeding
and inbreeding of non-native species. The framework promotes a transparent and
safe import policy and introduces rule-based guidelines on breeding and
ownership to encourage ethical practices and prevent the mistreatment and
abandonment of animals.
By decentralizing regulatory authority to be species-specific, the
framework aims to address unique challenges associated with different animal
types and includes legal consequences, including imprisonment, for violations.
This Bill, along with its accompanying regulations, may also foster a shift in
demand toward Indian breeds naturally adapted to the country’s climate,
encouraging humane breeding practices.
Hence, this bill.
PRIYANKA CHATURVEDI.
FINANCIAL MEMORANDUM
The registration and licensing of animal breeders; registration of animal owners
and formation of separate regulatory bodies for each specific by Animal Welfare Board
of India and Animal Welfare Boards of States shall be undertaken within the funds
already allocated to them. Hence, no additional expenditure is likely to be incurred for
carrying out the purposes of this Bill.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 15 and Clause 16 of the Bill empowers the Central Government to make
rules and the State Government to make regulations for carrying out the purpose of this
Bill. As the rules and regulations relate to the matters of details only, the delegation of
the legislative power is of a normal character.
VII
Bill No. XIII of 2025
A Bill to provide for the constitution of a National Commission for the Welfare and
Support of Fishermen and for the promotion and development of the
Fisheries industry, ensuring the welfare of fishermen and the
fish cultivators, workers etc. engaged in the industry
and encouraging exports associated with it,
and for matters connected therewith
or incidental thereto.
BE it enacted by Parliament in the Seventy- sixth Year of the Republic of
India as follows : —
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the National Commission for Fishermen
(Welfare and Support) Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date, as the Central Government may,
by notification in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires, —
(a) “Commission” means the National Commission for the
Welfare and Support of Fishermen constituted under section 3;
(b) “fish cultivators” means persons engaged in the commercial
breeding including controlled cultivation and harvesting of fish,
crustaceans, molluscs and so on, most often for food, in natural or
psuedo-natural environments such as fish ponds, fish tanks etc.;
(c) “fisheries industry” means any industry or activity which is
involved in the management, catching, processing and marketing of
fish or fish products;
(d) "fishermen" means persons who traditionally earns their
livelihood by catching fish from the ocean/sea or rivers, ponds etc.
and whose only source of income is the money they earn from
selling such fish.
(e) “Fund” means the Fisheries Promotion and Development
Fund constituted under section 11; and
(f) "prescribed" means prescribed by rules made under this Act.
CHAPTER II
THE NATIONAL COMMISSION FOR THE WELFARE AND SUPPORT OF
FISHERMEN
The National
Commission
for the
Welfare and
Support of
Fishermen.
3. (1) The Central Government shall, by notification in the Official
Gazette, constitute, for the purposes of this Act, a Commission, to be
known as the National Commission for the Welfare and Support of
Fishermen.
(2) The Commission shall be a body corporate by the name aforesaid,
having perpetual succession and a common seal, with power to
acquire, hold and dispose of property, both movable and immovable,
and to contract and shall by the said name, sue and be sued.
(3) The Commission shall consist of the following :─
(a) a Chairperson to be appointed by the Central
Government, in such manner as may be prescribed;
(b) three Members of Parliament, of whom two shall be
elected by the House of the People and one by the Council of
States;
(c) one member each from the Union Ministry of
Fisheries, Animal Husbandry and Dairying (Department of
Fisheries); the Union Ministry of Commerce and Industry;
and the Union Ministry of Finance, to be appointed by the
Central Government in such manner as may be prescribed;
(d) one member from each of the major fish producing
States, as may be determined by the Central Government;
(e) one member each to represent the fishermen, fish
cultivators, workers and exporters in the fisheries industry
from each of the major fish producing States, to be
nominated by the respective State Governments, in such
manner as may be prescribed; and
(f) five members to represent such institutes or authorities
specialising in research in the fisheries industry, aquaculture,
foreign trade and export, packaging and food safety, to be
nominated in such manner as may be prescribed.
(4) The qualifications and experience for appointment as the
Chairperson and members of the Commission, the manner of filling
of vacancies, shall be such as may be prescribed.
(5) The Commission shall have the power to regulate its own
procedure.
Term of office
and conditions
ofservice of the
Chairperson,
and other
members and
officers and
staff.
4. (1) The term of office of, salaries, remuneration and other allowances
payable to, and other terms and conditions of service of, the
Chairperson, other members, and officers and staff of the
Commission shall be such as may be prescribed and enshrined in a
governing framework to be made within a period not exceeding six
months from the date of constitution of the Commission.
(2) Any officer of the Central Government when deputed by that
Government to the Commission shall have the right to attend the meetings
of the Commission and take part in the proceedings thereof but shall not
be entitled to vote.
Vacancies, etc.,
not to invalidate
the proceedings
of the
Commission.
5. No act or proceeding of the Commission shall be invalid merely by reason
of :─
(a) any vacancy in the Commission, as long as fifty per cent. of
the prescribed membership is filled; or
(b) any irregularity in the procedure of the Commission not
affecting the merits of the case.
Chairperson to
preside over the
meetings.
6. (1) The Chairperson shall preside over the meetings of the Commission,
and without prejudice to any provision of this Act, exercise and discharge
such other powers and functions of the Commission as may be prescribed.
(2) In the absence of the Chairperson in a meeting, the meeting of the
Commission may be chaired by a Deputy Chairperson, who shall be
elected by a majority of votes of the members of the Commission present
and voting.
Advisory
Committee,
Executive
Committee and
officers and
staff of the
Commission.
7. (1) The Commission may constitute such Advisory Committees or
Executive Committees, with such composition, as may be prescribed,
and appoint such number of officers and staff, as it deems necessary,
for the efficient discharge of its functions under this Act, in such
manner as may be prescribed.
(2) The method of recruitment and qualifications and experience
required for the officers and staff of the Commission, shall be such as
may be prescribed and specified in the governance framework
mentioned in sub-section (1) of section 4.
General powers
and functions.
8. (1) It shall be the duty of the Commission to take all measures necessary
to promote and develop the fisheries industry in the country.
(2) Without prejudice to the generality of sub-section (1), the powers and
functions of the Commission shall include: ─
(a) taking such steps, as it deems necessary, in order to
achieve its objectives enlisted under section 10 of this Act;
(b) monitoring exports, imports, prices of fish and allied
products and propagating data and other information regarding
the demand for and marketability of fish in both domestic and
foreign markets;
(c) supplying scientific and technical advice aimed at
improving the production, manufacture, supply, and
distribution of fish and allied products;
(d) undertaking, assisting or encouraging scientific,
technological and economic research;
(e) collecting statistics from such stakeholders in the
fisheries industry;
(f) planning and implementation of human resource
training and skill development in line with the needs of the
fisheries industry;
(g) taking steps either by itself or through accredited
agencies to maintain quality standards for fish or allied products
produced in the country;
(h) collaborating and cooperating with national and
international scientific and economic bodies for the benefit of the
fisheries industry;
(i) collaborating and cooperating with departments of the
Central Government or State Governments on all matters relating to
the promotion and development of the fisheries industry;
(j) advising the Central Government on all matters relating to
the promotion and development of the fisheries industry and its
workers, including but not limited to the import and export of fish or
allied products and the safety of fishermen;
(k) advising the Central Government with regard to
participation in any international conference or scheme relating to
the fisheries industry;
(l) providing advisory services on matters including but not
limited to research, testing and training to such other persons
upon the payment of such fee or other charges as may be
specified;
(m) ensuring the development, progress and welfare of poor
fishermen and enabling them to diversify their income and
secure a stable income through fishing and related activities;
(n) studying the effects of climate change on the fisheries
industry and advising the Central Government on how to cope
up and mitigate such changes and protect the interests of the
stakeholders in the fisheries industry and ensure a stable and
flourishing industry;
(o) preparing and maintaining safety standards for
fishermen who might be handling dangerous products which
could affect their health; and
(p) any other measures in the interest of the fisheries
industry and its workers.
CHAPTER III
PROMOTION AND DEVELOPMENT
Objectives.
9. The Central Government and the Commission, as the case may be, while
exercising its powers, discharging its functions, or undertaking any other
activity, as specified under this Act shall be guided by the following
objectives, namely: —
(a) optimising the production, sale and consumption of fish or
allied products, which may include:
(i) promoting the export of fish or allied products;
(ii) promoting the sale and consumption of fish or allied
products, including through e-commerce platforms;
(iii) promoting the quality of fish or allied products
being cultivated and consumed in the country and
exported;
(iv) promoting branding, product diversification, value
addition, packaging and furthering the interests of
stakeholders involved in the fisheries industry;
(v) promoting the sustainable cultivation of fish or allied
products for increasing production and productivity;
(vi) providing support and encouragement to small
growers, including in using and implementing new
technologies;
(vii) encouraging fair and remunerative prices for
fishermen and fish cultivators;
(viii) safeguarding the interests of fishermen; and
(ix) increasing awareness amongst the general public
about the fisheries industry;
(b) promoting economic, scientific and technical research in
the fisheries industry, which may include:─
(i) collecting, analysing, and disseminating economic,
scientific and technical data, information, statistics, and
studies related to the fisheries industry;
(ii) encouraging the adoption of best available
technologies and minimizing the adverse impact of climate
change;
(iii) promoting an understanding of the oceanic and
water ecosystem in India; and
(iv) aligning the practices in the fisheries industry in
India with global best practices;
(c) ensuring the development and welfare of fishermen, which
may include: —
(i) conducting a survey of fishermen once in every two
years, for collecting basic data including but not limited to
their numbers, annual income, livelihood security, modes of
alternate income, if any, etc. to gauge their socio-economic
circumstances, progress, in such manner as may be
prescribed;
(ii) make recommendations to the Central Government
regarding schemes on the basis of these findings and ensure
the upliftment of those who work in the fisheries industry;
and
(iii) make recommendations to the Central
Government taking into account the different
circumstances, earnings, living conditions and commercial
opportunities available to fishermen on the eastern and
western coast of India respectively.
Issuance of
direction and
advisories by
the
Commission.
10. (1) To achieve the objectives enlisted in section 9, and in exercise of its
general powers and functions under section 8, the Commission may issue
directions or advisories to stakeholders, and such persons in the fisheries
industry, or any class thereof, as it may deem fit.
(2) Every direction issued by the Commission shall be binding on the
person to whom such direction has been issued.
(3) The recommendations of the Commission shall be implemented by
the Central Government or the concerned State Governments as far as
possible after due consultations with the Commission.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
Fisheries
Promotion and
Development
Fund.
11. (1) There shall be established, by notification in the Official Gazette,
a fund to be called the Fisheries Promotion and Development Fund
for the purpose of implementing the provisions of this Act.
(2) The Fund shall be under the control of the Central Government
and there shall be credited thereto:─
(a) all sums transferred to, or vested in the Commission;
(b) any grants and loans made to the Commission by the
Central Government;
(c) all fees levied and collected in respect of certificates of
registration issued and any other fees or charges collected under
this Act or the rules and regulations made thereunder; and
(d) all sums received by the Commission from such other
sources as may be decided upon by the Central Government.
(3) The Fund shall be used to:─
(a) meet the salary, pension, remuneration, and other
allowances of the members, officers, and staff of the Commission
as applicable;
(b) meet the expenses relating to such measures as the
Commission may undertake under this Act from time to time in
order to achieve the objectives enlisted in section 9, and in
exercise of its general powers and functions under section 8;
(c) meet the other administrative expenses of the Commission
and any other expenses authorised by or under this Act;
(d) repay loans; and
(e) settle any liabilities arising out of legal proceedings.
Power to
borrow.
12. The Commission may, from time to time, with the previous sanction of the
Central Government and under such conditions as may be prescribed,
borrow any sum required for any of the purposes for which it is authorised
to expend under this Act, from:─
(a) any bank or other financial institution by taking loan; or
(b) the public by issue of bonds or debentures or any such
instrument in the form and manner approved by the Central
Government.
Budget.
13. The Commission shall prepare in such form and manner, at such time, and
such intervals, as may be prescribed, its budget, showing the estimated
receipts and expenditure of the Commission and forward the same to the
Central Government.
Accounts and
audit.
14. The accounts of the Commission shall be maintained and audited in such
manner as may, in consultation with the Comptroller and Auditor-General
of India, be prescribed and the Commission shall furnish to the Central
Government before such date, as may be prescribed, the audited copy of
its accounts together with the Auditors' report thereon.
Annual report.
15. (1) The Commission shall prepare, in such form and manner and at such
time of each financial year, as may be prescribed, its annual report, giving
a full account of its activities during the previous financial year, and
submit a copy thereof to the Central Government.
(2) The annual report prepared under sub-section (1) shall contain: -
(a) a description of all the activities of the Commission during
the previous financial year;
(b) the plan of the Commission for the upcoming financial year;
and
(c) any such other details as may be provided under any law for
the time being in force.
Auditor’sreport
and annual
report to be laid
before
Parliament.
16. The Central Government shall cause the Annual Accounts of the
Commission along with the Auditor’s report under section 14 and its
Annual Report under section 15 to be laid, as soon as may be after they
are received, before each House of Parliament.
CHAPTER V
MISCELLANEOUS
Power of the
Central
Government to
supersede the
Commission.
17. (1) If any time the Central Government is of the opinion: ─
(a) that on account of grave emergency, the Commission is
unable to discharge the functions and duties imposed on it by or
under the provisions of this Act; or
(b) that the Commission has persistently made default in
complying with any direction issued by the Central Government
under this Act, in achieving the objectives, or in exercising its
general powers and functions, and as a result of such default the
financial position of the Commission or the administration of the
Commission has deteriorated; or
(c) that circumstances exist which render it necessary in the
public interest so to do,
the Central Government may, by notification in the Official Gazette,
supersede the Commission for such period, not exceeding six months, as
may be specified in the notification.
Power to
delegate.
18. The Central Government may by notification in the Official Gazette,
direct that any power exercisable and functions performed by it under this
Act may be exercised and performed in such cases and subject to such
conditions, if any, as may be specified in the notification, by such officer
or authority as may be specified therein.
Protection of
action taken in
good faith.
19. No suit, prosecution or other legal proceedings shall lie against the Central
Government, the Commission, or any officer, member, or employee
thereof for anything which is done or intended to be done in good faith
under this Act or the rules or regulations made, or standards notified
thereunder.
Power to make
rules.
20. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both the
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case
may be; however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule.
Power to
remove
difficulties.
21. (1) If any difficulty arises in giving effect to the provisions of this Act, the
Central Government may, by order, published in the Official Gazette, make
such provisions not inconsistent with the provisions of this Act as may
appear to be necessary for removing the difficulty:
Provided that no such order shall be made under this section after the expiry
of five years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after
it is made, before each House of Parliament.
Act to have
overriding
effect.
22. The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in
force.
STATEMENT OF OBJECTS AND REASONS
India has a coastline of over 8,000 km and an Exclusive Economic
Zone (EEZ) of over 2 million square kilometres. With extensive marine
and freshwater resources, our fisheries industry plays a vital role in the
economic development of the nation and play an integral part in ensuring
our food security.
As per the 2011 census, there are 3,288 marine fishing villages and
1,511 marine fish landing centres spread across the country. This leaves a
substantial potential in the area of fisheries unutilized. Additionally,
approximately 61 per cent. of fishermen live Below Poverty Line as per
the same census.
At a time when India is emerging as a forerunner for development
in the world, and our growth story is being acknowledged globally as a
model of success to reach five trillion USD economy, the efficient
development of our fisheries can help us reach our goals in a more holistic
manner. Presently, we are at number two position globally in the area of
production of fish or its allied products. With more pointed policy
imperatives, and a central body such as the National Commission for the
Welfare and Support of Fishermen to take affirmative steps to promote
the fisheries sector, India could become number one globally, not just in
the area of production but also exports.
Similarly, any development of the fisheries industry must take into
account those who are involved in its catch, cultivation, production,
processing and export. Providing equitable benefits to each and every
section of society is the bedrock of our nation, and the creation of this
Commission is a step towards achieving that goal.
In order to keep development in line with the principles of
Aatmanirbhar Bharat and Make in India, the creation of this Commission
is necessary.
Hence, this Bill.
MASTHAN RAO YADAV BEEDHA
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the constitution of a National
Commission for the Welfare and Support of Fishermen and appointment
of the Chairperson and Members therein. Clause 4 provides for the term
of office of, salaries, remuneration or other allowances payable to, and the
other conditions of service of, the Chairperson, other members and
officers and staff of the Commission. Clause 7 provides for the
constitution of Advisory Committees and Executive Committees and
appointment of officers and staff to assist the Commission. Clause 8 of the
Bill provides for the functions and powers of the Commission including
inter alia, promotion and development of the fisheries industry in India.
Clause 9 of the Bill outlines the objectives of the Commission.
The aforementioned provisions of the Bill involve expenditure
towards payment of salaries, allowances, etc. of the members, officers,
and staff of the Commission and meeting other administrative expenses of
the Commission including expenses for discharging its functions.
Clause 11 of the Bill provides for the constitution of a fund called
the Fisheries Promotion and Development Fund for the purpose of
implementing the provisions of this Act. The Fund will, inter alia
comprise of the grants and loans given by the Central Government, fees
collected by the Commission and other sums received by the Commission.
The Bill, therefore, if enacted, will involve certain amount of
expenditure from the Consolidated Fund of India. However, it is not
possible at this stage to estimate the exact quantum of recurring and non recurring expenditure that would be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 20 of the Bill empowers the Central Government to make rules for
carrying out the purposes of this Act. Clause 22 provides that the Central
Government may, make such provisions, by order, as may be necessary for
removing any difficulty to give effect to the provisions of this Bill.
As the rules or orders will relate to matters of procedural and administrative
detail only, the delegation of legislative power is of a normal character.
VIII
Bill No. XIV of 2025
A Bill further to amend the Representation of the People Act, 1951.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of
India as follows:―
1. (1) This Act may be called the Representation of the People (Amendment)
Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date, as the Central Government may, by
notification in the Official Gazette, appoint.
43 of 1951.
Amendment of
section 2.
2. In section 2 of the Representation of the People Act, 1951 (hereinafter
referred to as the principal Act),
(i) after sub-clause (bb), the following new sub-clause shall be
inserted, namely:—
“(bbb) “coalition” means a group of two or more political parties
working together for a particular purpose, for a specified time period
or otherwise, or for the purpose of formation of a Government,
either before or after an election, to be registered with the Election
Commission, in such manner as may be prescribed;”
(ii) after sub-clause (e), the following new sub-clauses shall be
inserted, namely:—
“(ee) “electoral promise” means any commitment, assurance, or
undertaking made in an election manifesto or public declaration by a
political party or coalition;
(eee) “implementation timeline” means the period specified for
fulfillment of an electoral promise;
(eeee) “manifesto” means a published declaration of the
intentions, motives, or views of a political party or coalition ;
(eeeee) “Monitoring Committee” means the Manifesto
Implementation Monitoring Committee constituted under section
75F of this Act;”;
Insertion of a
new Chapter
VIIB.
3. In Part V of the principal Act, after Chapter VIIA, the following new
Chapter shall be inserted, namely:—
“CHAPTER VIIB
REGULATION OF ELECTION MANIFESTO
Classification
of electoral
promise.
75B. (1) Every political party or coalition shall, within such period as may
be prescribed, after the announcement of any election to the House of the
People or the State Legislative Assembly, submit to the Election
Commission, a manifesto containing electoral promises classified into the
following categories:―
(a) Short-term promises to be fulfilled within one year of its term in
office;
(b) Medium-term promises to be fulfilled within three years of its
term in office; and
(c) Long-term promises to be fulfilled beyond three years of its term
in office:
Provided that the period of submission of the manifesto by a
coalition formed after an election for the purpose of formation of
Government shall be such as may be prescribed.
(2) Each electoral promise listed in the manifesto shall be accompanied
by:―
(a) specific implementation timeline;
(b) estimated financial implication;
(c) proposed source of funding;
(d) method of implementation; and
(e) expected outcomes and measurable indicators.
(3) The Election Commission shall conduct an enquiry, in such manner as
may be prescribed, and ascertain whether any political party or coalition has
indulged in willful misrepresentation of facts in its manifesto.
Manifesto
Implementation
Report.
75C. (1) The ruling party or coalition at the Centre and each State shall
submit to the Election Commission, a Manifesto Implementation Report, as
follows, in such form and manner as may be prescribed:―
(a) Quarterly progress report on implementation of short-term
promises;
(b) Half-yearly progress report on implementation of medium-term
promises; and
(c) Annual progress report on implementation of long-term
promises.
(2) Each progress report shall contain the following:―
(a) status of implementation of each promise;
(b) reasons for delay or non-implementation, if any;
(c) revised timelines for implementation, if applicable; and
(d) financial expenditure incurred.
Public
disclosure.
75D. (1) The Election Commission shall maintain a public database
of:―
(a) all manifestos submitted by political parties;
(b) progress reports on implementation of promises in the
manifestos; and
(c) reports of the Monitoring Committee submitted under clauses
(a) and (b) of sub-section (4) of section 75F.
(2) The database shall be made accessible to the general public through
a dedicated online portal.
Exemptions.
75E. The non-implementation of electoral promise by the elected political
party or coalition shall not attract penalties, if caused by:―
(a) unforeseeable and uncontrollable events beyond the
Government's reasonable control, which may be termed force majeure
events, such as natural disasters, war, or other acts of God;
(b) situations where the Government declares a state of economic
crisis or emergency, impacting the feasibility of implementing specific
promises;
(c) situations where the implementation of electoral promises is
restricted or prohibited due to constitutional provisions or legal
limitations;
(d) instances where the Government lacks the legislative majority to
pass the required laws or budget for implementing electoral promises;
and
(e) circumstances that the Monitoring Committee, constituted under
section 75F of this Act, considers legitimate and justifiable for non implementation, based on its assessment and evaluation.
Constitution and
functions of the
Manifesto
Implementation
Monitoring
Committee.
75F. (1) The Election Commission shall constitute a Manifesto
Implementation Monitoring Committee consisting of:―
(a) A retired Supreme Court Judge, as Chairperson;
(b) a nominee of the Chief Election Commissioner, as ex-officio
Member;
(c) a nominee of the Comptroller and Auditor General of India,
as ex-officio Member; and
(d) Two representatives from registered civil society
organizations, with such qualifications and experience and to be
appointed in such manner and on such terms and conditions, as may
be prescribed, as Members.
(2) The salary and allowances payable to, and other terms and
conditions of the service of the Chairperson and members of the
Commission, other than the ex-officio Members, shall be such as may
be prescribed.
(3) The secretarial assistance to the Committee shall be provided by the
Election Commission, in such manner as may be prescribed.
(4) The Monitoring Committee shall:―
(a) examine the Manifesto Implementation Report and report to the
Election Commission, the status of the implementation or otherwise of
the electoral promises contained in the manifesto of the elected political
party or coalition, in such manner as may be prescribed;
(b) undertake impartial assessment to evaluate the impact of the
implemented policies and initiatives outlined in the manifesto of the
elected political party or coalition and submit its report to the Election
Commission;
(c) provide recommendations to the Election Commission for
improving transparency, accountability, and effectiveness of the
implementation of manifesto of the elected political party or coalition;
and
(d) prepare and submit a comprehensive annual report, detailing its
findings, analyses, and recommendations and forward the same to the
Central Government, which shall cause it to be laid, as soon as may be
after it is received, before each House of Parliament.
Provided that where the report or any of its part is related to any of the
State Government, a copy of such report shall be forwarded to the Governor
of that State, who shall in turn, cause to be laid before each House of the
State Legislature, where it consists of two Houses, or where such
Legislature consists of one House, before that House.
Penalties.
75G. (1) Any failure to submit classification of promises by a political party
or coalition, under sub-section (1) of section 75B of this Act, shall be
punishable with fine of up to rupees one lakh.
(2) Subject to the provisions of section 75E, any failure to implement the
electoral promise by the elected political party or coalition shall be punishable
with warning in such form and manner as may be prescribed, for the first
instance; with fine of up to rupees five lakhs for the second instance and with
fine of up to rupees ten lakhs for subsequent instances.
(3) If on enquiry, it is established beyond doubt that any political party or
coalition has indulged in willful misrepresentation of facts in its manifesto,
such political party or coalition shall be liable to:―
(a) public censure by the Election Commission, in such manner as
may be prescribed;
(b) fine of up to rupees fifty lakhs; and
(c) mention the same in all future communications with the Election
Commission the such party for the next five years.
Recovery of
penalties.
75H. Any penalty of fine imposed under section 75G shall be recovered by
the Election Commission from the political party or coalition within such
period and in such manner as may be prescribed.
Appeals.
75I. (1) An appeal against the orders of the Election Commission under this
Chapter shall lie with the High Court having jurisdiction in the matter.
(2) An appeal shall be filed within a period of thirty days from the date of
the order of the Election Commission.”
STATEMENT OF OBJECTS AND REASONS
In various landmark judgments including S. Subramaniam Balaji vs. State of
Tamil Nadu and Others (2013), and Ashwini K Upadhyay vs. Government of
National Territory of Delhi (2021), the Hon’ble Supreme Court of India addressed
the issue of electoral manifestos and the promises made by political parties. The
Court observed that while the distribution of freebies promised in manifestos did
not necessarily constitute corrupt practices under Section 123 of the Representation
of the People Act, 1951, such promises could distort the level playing field and
affect the fairness of elections. The judgment highlighted a legislative vacuum
regarding the regulation of promises made in manifestos and suggested that
Parliament should consider enacting laws to address this issue. The Court also
emphasized that the expenditure on schemes promised in manifestos should serve a
"public purpose" and align with constitutional principles.
The Supreme Court had earlier directed the Election Commission of India
(ECI) to frame guidelines under Article 324 of the Constitution to regulate
manifestos in the interest of free and fair elections. In compliance with the
directive, the ECI incorporated specific guidelines for electoral manifestos into the
Model Code of Conduct (MCC) in 2014. These guidelines require political parties
and candidates to avoid making financially unsustainable promises. Manifestos
must clearly state the rationale behind each promise, along with an explanation of
the expected resource requirements and how these will be met. The definition of
manifesto in the Bill has been taken from the background note that ECI had
prepared on the manifestos. Furthermore, promises must be consistent with the
Directive Principles of State Policy and other constitutional provisions.
To ensure compliance, the ECI engaged with political parties to discuss the
inclusion of these guidelines and monitor manifestos for adherence during
elections. By integrating these measures, the ECI aims to enhance transparency,
accountability, and fairness in the promises made by political parties, thereby
upholding the integrity of the electoral process as envisioned in the Hon’ble
Supreme Court's judgment. However, without existing legislation, there exists a
significant gap in ensuring the enforceability of these guidelines. The Election
Commission's efforts while commendable, rely solely on the Model Code of
Conduct, which is not legally binding. This lack of statutory backing limits the
Commission's ability to impose penalties or take concrete action against violations,
resulting in inconsistencies in compliance. The absence of a comprehensive legal
framework also makes it challenging to hold political parties accountable for non implementation or misrepresentation of promises made in their manifestos.
Consequently, there is an urgent need for legislation that provides a mechanism for
regulating electoral promises, ensuring transparency, and accountability to uphold
the democratic principles of free and fair elections.
Therefore, this Bill seeks to amend the Representation of the People Act,
1951, to ensure the legal accountability of electoral promises made by political
parties and candidates. Recognizing that the absence of enforceable accountability
has led to a proliferation of unrealistic promises, eroding public trust and distorting
electoral fairness, the proposed amendments mandate the classification of promises
with specific timelines, financial implications, and implementation mechanisms,
ensuring transparency and feasibility. It establishes an efficient monitoring
framework through the Manifesto Implementation Monitoring Committee,
composed of eminent legal, electoral and civil society representatives, tasked
with evaluating progress and recommending corrective measures. The Bill
introduces provisions for public disclosure of manifestos and implementation
reports, leading towards citizen engagement and trust. Furthermore,
it prescribes penalties for non-compliance, including financial sanctions and
public censure, while allowing exemptions for legitimate constraints such as force
majeure events or constitutional limitations. By integrating a structured system for
assessing and enforcing electoral promises, this amendment aims to strengthen
democratic governance, enhance political accountability, and uphold the sanctity of
election manifestos as a binding social contract between parties and the electorate.
The Bill seeks to achieve the above objectives.
SANT BALBIR SINGH.
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the maintenance of a public database of all
manifestos submitted by political parties, progress reports on implementation of
promises in their manifestos; and independent assessments of promise fulfillment,
which shall be made accessible to the general public through a dedicated online
portal. It also inter alia provides for the constitution of a Manifesto
Implementation Monitoring Committee by the Election Commission of India to
examine the progress and outcomes of the implementation of manifestos of
political parties, conduct impartial assessment to evaluate the impact of the
implemented policies and initiatives outlined therein and provide recommendations
for improving transparency, accountability, and effectiveness in their
implementation. The composition of the Committee and provision of secretarial
assistance thereto has also been provided under the said clause.
The Bill, therefore, if enacted will involve expenditure, both of recurring
and non-recurring nature, from the Consolidated Fund of India. However, it is
difficult to estimate the exact expenditure likely to be involved at this juncture.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 11 of the Bill empowers the Central Government and State
Governments to make rules for carrying out the provisions of this Bill. Clause 12
empowers the Central Government to make such provisions through an order for
removing any difficulty that might arise in giving effect to the provisions of the
Bill.
As the rules and orders will relate to matters of procedural and
administrative detail only, the delegation of legislative power is of a normal
character.
IX
Bill No. XXXI of 2025
A Bill further to amend the Environment (Protection) Act, 1986.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic
of India as follows:–
1. (1) This Act may be called the Environment (Protection) Amendment
Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
Insertion of
new Chapter
IIIAA.
2. In the Environment (Protection) Act, 1986, after section 17, the
following new Chapter shall be inserted, namely,―
“CHAPTER III AA
COMPENSATION FOR LOSS AND DAMAGE ARISING FROM
ENVIRONMENTAL AND CLIMATE CHANGE
Right to
Compensation.
17. Any person who has incurred loss and damage as a direct
consequence of environmental and climate change impacts shall have
the right to claim compensation in such form and manner and subject
to such conditions, as may be prescribed by the Central Government.
Loss and
Damage Fund.
17A. (1) With effect from such date as the Central Government
may, by notification in the Official Gazette, appoint in this behalf,
there shall be established for the purposes of this Act, a special
Fund to be called the Loss and Damage Fund, under the public
account of India.
(2) The Loss and Damage Fund shall be credited with such sums
of money as the Central Government may, after due
appropriation made by Parliament by law in this behalf, provide
from time to time.
(3) The Loss and Damage Fund shall be applied for the purpose of
providing financial assistance and compensation to affected persons
and communities for loss and damage arising from environmental and
climate change impacts.
(4) The Loss and Damage Fund shall be under the control of the
Central Government and managed by such authority and in such
manner, as the Central Government shall, by notification in the
Official Gazette, appoint.
(5) The authority as may be appointed by the Central Government
under sub-section (4) shall perform such functions as may be notified,
including, but not limited to,—
(a) receiving and processing applications for financial
assistance and compensation on account of loss and damage
arising from environmental or climate-related causes;
(b) conducting enquiry and deciding the eligibility and
quantum of financial assistance and compensation, subject to
such criteria and in such manner as may be prescribed;
(c) sanctioning and ordering disbursal of financial
assistance and compensation from the Fund; and
(d) issue necessary directions and performing such other
functions as may be assigned to it by the Central Government
or as may be prescribed.
Accounts and
audit of Loss
and Damage
Fund.
17B. (1) The authority appointed by the Central Government under
sub-section (4) of section 17A shall maintain separate accounts and
other relevant records in relation to the Loss and Damage Fund and
prepare an annual statement of accounts in such form, as may be
prescribed, in consultation with the Comptroller and Auditor-General
of India.
(2) The accounting procedure to regulate the manner of crediting the
monies to the Loss and Damage Fund in a year shall be in such
manner as may be prescribed.
(3) The accounts of the Loss and Damage Fund shall be audited by the
Comptroller and Auditor
-General of India at such intervals as may be
specified by him and such audited accounts together with the audit
report thereon shall be forwarded annually to the Central Government.
Annual Report.
17C. The authority appointed by the Central Government under sub section (4) of section 17A shall prepare the annual report in relation to
the Loss and Damage Fund, giving a full account of its activities,
defined under this Act, during the previous financial year, in such
form, as may be prescribed, in each financial year, and submit the
annual report to the Central Government.
Annual report
and audit report
to be laid before
Parliament.
17D. The Central Government shall cause the annual report together
with the audit report on accounts to be laid, as soon as may be after
the reports are received, before each House of Parliament.
Competent
Authority to
enquire into the
loss and
damage.
17E. The Central Government shall, by notification in the Official
Gazette, empower the Central Pollution Control Board or any other
agency to conduct enquiry under this Chapter.
Loss and
Damage
Tribunal.
17F. (1) The Central Government or State Government, as the case
may be, may by notification in the Official Gazette, authorise the
Court not below the rank of District Court as Loss and Damage
Tribunal.
(2) Any person aggrieved by any direction, order or decision of
the authority as may be appointed under this Chapter may prefer an
appeal to the Loss and Damage Tribunal, within such period and in
such manner as may be prescribed.
(3) The Central Government may prescribe special procedure for
the Tribunal for the speedy disposal of claims.
(4) The orders issued by the Tribunal may be enforced as decree
under the Code of Civil Procedure, 1908.
5 of 1908
STATEMENT OF OBJECTS AND REASONS
Article 21 of the Constitution which guarantees right to life has been
interpreted by the Supreme Court to include the right to a clean and healthy
environment. The ‘polluter pays’ principle-based environmental right, is a
corollary right which ought to be protected by State in its parens patriae role.
The right to compensation for the loss and damage arising out of
environmental and climate change impact, is of much relevance today.
2. The 27th UN Climate Change Conference (COP 27) where India was a
party also recognises loss and damage fund to respond to human cost of
climate change. Loss and Damage Tribunal is a step towards speedy remedy
in environmental loss and damage claims.
3. The Bill seeks to achieve the above objectives.
A.A. RAHIM.
FINANCIAL MEMORANDUM
Section 17A of the Bill provides for establishment of the Loss and Damage
Fund to provide financial assistance and compensation to affected persons and
communities for loss and damage arising from environmental and climate change
impacts. The said section also provides for the Central Government to provide for
funds to carry out the purposes of this Act.
The Bill, therefore, if enacted, would involve both recurring and non recurring expenditure from the Consolidated Fund of India. However, it is not
possible to estimate the actual expenditure likely to be involved at this stage.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 13 empowers the appropriate Government to make rules for
carrying out the purposes of the Act. Clause 15 of the Bill empowers the
Central Government to make such provisions through an order for removing
any difficulty that might arise in giving effect to the provisions of this Bill.
As the rules or orders will relate to matters of procedural and administrative
detail only, the delegation of legislative power is of a normal character.
X
Bill No. XL of 2025
A Bill to provide for a regulatory regime to oversee and ensure
quality and ethical practices of educational consultancies in
the country and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Seventy- sixth Year of the Republic of
India as follows: —
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Educational Consultancies Regulation Act,
2025.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “Appellate Tribunal” means the Educational Consultancies
Appellate Tribunal established under section 20;
(b) "appropriate Government" means,—
(i) in relation to a Union territory without Legislature, the
Central Government; and
(ii) in relation to a State or Union territory with Legislature,
the Government of that State or Union territory, as the case may
be;
(c) “Central Advisory Council” means the Central Advisory
Council for Educational Consultancies established under section 5;
(d) "educational consultancy" means any professional service
rendered by a person or an institution that provides guidance and
support to its clients including students, parents, educators and
institutions or others in connection with admission process,
application procedures, career counselling or related assistance for
admission in educational institutions in the country or abroad
including visa assistance, engaging in promotional activities such as
organising seminars and workshops to showcase educational
programs and institutions, managing recruitment campaigns etc. for
the purpose of improving educational outcomes;
(e) "educational institutions” means schools, colleges,
universities or institutions imparting educational courses either in in
the country or abroad;
(f) “Fund” means the Educational Consultancies Fund
constituted under section 35 of this Act;
(g) “fraudulent” shall have the same meaning as has been
ascribed to it under sub-section (9) of section 2 of the Bharatiya Nyaya
Sanhita, 2023;
45 of 2023.
(h) "prescribed" means prescribed by rules made under this Act;
(i) "State Council" means the State Council for Educational
Consultancies established under section 9; and
(j) "student" means a person who seeks to or is receiving the
services of an educational consultancy.
CHAPTER II
REGISTRATION OF EDUCATIONALCONSULTANCIES
Registration of
Educational
Consultancies.
3. (1) Every educational consultancy operating in the country shall, within
such period from the commencement of this Act, as may be prescribed, or
within such further period as may be specified, by notification in the Official
Gazette, by the State Council established under section 7 of this Act, apply
for registration: Provided that no educational consultancy shall operate after
the period as provided under sub-section (1), unless a registration thereof
has been obtained in accordance with the provisions of this Act.
(2) Every application for registration under sub-section (1) shall be made to
the State Council concerned, in such form and manner, accompanied by
such fee and within such time, as may be prescribed.
(3) The registration granted under sub-section (1) shall be valid for such
period and may be renewed from time to time in such manner and on
payment of such fee, as may be prescribed.
(4) The State Council may, after making such inquiry as it deems fit and
being satisfied about the eligibility of the applicant, grant or reject the
certificate of registration and may, for reasons to be recorded in writing and
after giving the applicant a reasonable opportunity of being heard, cancel or
suspend the registration granted, in such manner as may be prescribed.
Portal for
verification of
registration of
educational
consultancies.
4. The State Council shall establish and maintain a publicly accessible
online portal where citizens can verify the registration of educational
consultancies, including their current status and validity, in such
manner and in such form, as may be prescribed:
Provided that the portal shall, also display the list of educational
consultancies, whose application for registration has been rejected and
whose registration has been cancelled or otherwise rendered void.
CHAPTER III
CENTRAL ADVISORY COUNCIL FOR EDUCATIONAL CONSULTANCIES
Establishment of
the Central
Advisory
Council for
Educational
Consultancies.
5. (1) The Central Government shall, within a period of one year from
commencement of this Act, by notification in the Official Gazette,
establish a Council to be known as the Central Advisory Council for
Educational Consultancies to exercise the powers conferred on it and
to perform the functions assigned to it under this Act.
The Central Advisory Council shall be a body corporate by the name
aforesaid, having perpetual succession and a common seal, and shall, by
the said name, sue or be sued.
(2) The headquarters of the Central Advisory Council shall be at New
Delhi.
(3) The Central Advisory Council shall consist of the following,
namely:—
(i) the Union Minister of Education – Chairperson, ex officio;
(ii) representatives of the Union Ministries of Finance;
Corporate Affairs, and Law and Justice; Department of
Consumer Affairs and Niti Aayog, to be appointed by the Central
Government, in such manner as may be prescribed – Members ex officio:
Provided that one representative of any other Union
Ministry or Department may also be additionally appointed as an
ex-officio Member by the Central Government, if so deemed
necessary by the Central Advisory Council, in such manner as
may be prescribed;
(iii) five ex-officio Members, one each to be nominated by
the State Governments, , in such manner and for such term as may
be prescribed, on rotational basis from amongst all States, to
ensure that all States get due representation:
Provided that the five States which get to nominate
members for a given term shall be determined by draw of lot and
the States which have been selected through previous draw(s) of
lot will not be included in the next draw of lot;
(iv) five ex-officio Members, one each to be nominated by
the State Councils for Educational Consultancies, in such manner
and for such term as may be prescribed, on rotational basis from
amongst all the State Councils, to ensure that all State Councils
get due representation:
Provided that the five State Councils, which get to
nominate members for a given term shall be determined by draw
of lot and the State Councils which have been selected through
previous draw(s) of lot will not be included in the next draw of
lot; and
(v) not more than ten Members to represent the interests of
the educational consultancies industry and higher education
sector to be appointed by the Central Government, in such
manner as may be prescribed.
(4) The Central Advisory Council shall have the power to regulate its own
procedure for transaction of its business and frame regulations, as deemed
necessary, for the effective implementation of the provisions of this Act.
Term of office
and other
conditions of
service of the
Chairperson and
Members of the
Central
Advisory
Council.
6. (1) The members of the Central Advisory Council, other than the ex-officio
members, shall hold office for such term, as may be prescribed.
(2) The allowances payable to the Chairperson and ex-officio members,
the salaries and allowances payable to the members, other than the ex officio members, and other terms and conditions of service of the
Chairperson and members of the Central Advisory Council shall be
such as may be prescribed.
Officers and
staff of the
Central
Advisory
Council.
7. (1) The Central Government shall, in consultation with the Central
Advisory Council, appoint such number of officers and staff, as may be
necessary, for the efficient discharge of the functions assigned to it
under this Act.
(2) The method of recruitment, salaries and allowances payable to, and
other terms and conditions of service of, the officers and staff of the
Central Advisory Council so appointed, shall be such as may be
prescribed.
Functions of the
Central
Advisory
Council.
8. The functions of the Central Advisory Council shall be to advise and make
recommendations to the Central Government—
(a) on all matters concerning the implementation of this Act;
(b) on major questions of policy related to educational
consultancies;
(c) for the protection of interests of students;
(d) to foster the growth and development of the educational
consultancies sector; and
(e) on any other matter related to the educational consultancies
sector or the education sector in general, as may be assigned to it by
the Central Government.
CHAPTER IV
STATE COUNCIL FOR EDUCATIONAL CONSULTANCIES
Establishment of
the State
Council for
Educational
Consultancies.
9. (1) The appropriate Government shall, by notification in the Official
Gazette, establish a State Council for Educational Consultancies in
each State and Union Territory to be known as the ––––(name of the
State/Union territory) Council for Educational Consultancies, to
perform the functions assigned to it under the Act.
(2) The State Council shall be a body corporate by the name aforesaid
having perpetual succession and a common seal and shall, by the said name,
sue or be sued.
(3) The headquarters of the State Council shall be at such place, as the
appropriate Government may, by notification in the Official Gazette,
appoint.
Composition of
the State
Council.
10. (1) The State Council shall consist of a Chairperson and not less than
four other Members to be appointed by the appropriate Government,
in such manner as may be prescribed, from amongst persons having
adequate knowledge of and professional experience in the management
of educational institutions, on the recommendations of a Selection
Committee:
Provided that a person who is, or has been, in the service of the
State Government shall not be appointed as Chairperson of the State
Council, unless such person has held the post of Additional Secretary
to the Central Government or any equivalent post in the Central
Government or State Government:
Provided further that a person who is, or has been, in the service
of the State Government shall not be appointed as a member of the
State Council, unless such person has held the post of Secretary to the
State Government or any equivalent post in the State Government or
Central Government.
(2) The Selection Committee shall consist of the following, namely–
(a) Chief Justice of the High Court concerned or a person
nominated by him in this behalf, in such manner as may be
prescribed – Chairperson;
(b) Secretary of the Ministry of Education of the State
Government - Member; ; and
(c) Secretary of the Department of Law of the State
Government - Member:
(3) The Selection Committee shall regulate its own procedure in a
transparent manner for selecting the Chairperson and Members of the State
Council.
(4) The Selection Committee, while screening potential candidates and
before making recommendations for their appointment as Chairperson or
member of the State Council, shall satisfy that such person does not have
any financial, pecuniary or other interest, as is likely to affect prejudicially
their function in such capacity, and such findings of the Selection
Committee shall be recorded in writing.
Term of office
and other
conditions of
service of the
Chairperson and
Members of the
State Council.
11. (1) The Chairperson and Members of the State Council shall hold office for
a term not exceeding five years from the date upon which they enter their
office, or until they attain the age of sixty-five years, whichever is earlier,
and shall not be eligible for re-appointment.
(2) The salary and allowances payable to, and the other terms and
conditions of service of, the Chairperson and Members of the State
Council, shall be such as may be prescribed and shall not be varied to
their disadvantage during their tenure.
Resignation and
Removal.
12. (1) Notwithstanding anything contained in sub-section (1) of section 11,
the Chairperson or a Member of the State Council, as the case may be, may,
by writing under his hand to the appropriate Government, resign from his
office, by giving a notice to that effect of not less than three months, in the
prescribed form and on acceptance of the same, the resignation shall take
effect and the office of the Chairperson or a Member, as the case may be,
shall become vacant:
Provided that in the case of a Member, the resignation shall be routed
through the Chairperson of the State Council.
(2) The appropriate Government may, , by order, remove from office, the
Chairperson or any Member of the State Council, if the Chairperson or such
other Member, as the case may be,—
(a) has been adjudged as an insolvent; or
(b) is convicted and sentenced to imprisonment for an offence,
involving moral turpitude; or
(c) becomes of unsound mind and stands so declared by a
competent Court; or
(d) refuses toa act or has become physically or mentally incapable
of acting as a Member; or
(e) has acquired such financial or other interest which is likely to
affect prejudicially his functions; or
(f) has, in the opinion of the appropriate Government, so abused
his office as to render his continuance in office detrimental to the
interest of the office or public interest:
Provided that the Chairperson or a Member shall not be
removed from his office on the grounds specified under clause (e) or
(f) of sub-section (2) except after an inquiry made by a Judge of the
High Court in which such Chairperson or Member has been informed
of the charges against him and given a reasonable opportunity of being
heard in respect of those charges.
(3) Any vacancy caused under sub-sections (1) and (2) shall be filled up
within a period of three monthsfrom the date on which such vacancy occurs:
Provided that the Chairperson or any other member appointed against a
casual vacancy shall hold office only for the remainder of the term of the
Chairperson or member in whose place he has been appointed.
Restrictions on
employment of
Chairperson and
Members after
cessation of
office.
13. (1) The Chairperson or a Member of the State Council, ceasing to hold
office as such, shall not –
(a) accept any employment in, or connected with, the
management or administration of, any person or organisation which
has been associated with any work under this Act, from the date on
which he ceases to hold office:
Provided that nothing contained in this clause shall apply to any
employment under the appropriate Government or a local authority or
in any statutory authority or any corporation established by or under
any Central, State or provincial Act or a Government Company, as
defined under clause (45) of section 2 of the Companies Act, 2013,
which is not a promoter as per the provisions of this Act; or
18 of 2013.
(b) act, for or on behalf of any person or organisation in
connection with any specific proceeding or transaction or negotiation
or a case to which the State Council is a party and with respect to
which the Chairperson or such Member had, before cessation of
office, acted for or provided advice to the State Council; or
(c) give advice to any person using information which was
obtained in his capacity as the Chairperson or a Member and being
unavailable to or not being able to be made available to the public; or
(d) enter into a contract of service with or accept an appointment
to a Board of Directors of, or accept an offer of employment with, an
entity with which he had direct and significant official dealings during
his term of office as such.
(2) The Chairperson and Members shall not communicate with or reveal to
any person any matter which had been brought under his consideration or
known to him while acting as such.
Vacancies,
etc. not to
invalidate
acts or
proceedings
of the State
Council.
14. No act or proceeding of the State Council shall be questioned or shall be
invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of the State
Council; or
(b) any defect in the appointment of a person as Chairperson or
Member thereof; or
(c) any irregularity in the procedure of the State Council not
affecting the merits of the case.
Officers and
staff of the
State
Council.
15. (1) The appropriate Government shall, in consultation with the State
Council, appoint such number of officers and staff, as may be necessary,
for the efficient discharge of the functions assigned to it and the powers
conferred on it under this Act.
(2) The method of recruitment, salaries and allowances payable to, and
other terms and conditions of service of, the officers and staff of the
State Council so appointed, shall be such as may be prescribed.
Chairperson,
Members,
officers and staff
of the State
Council to be
public servants.
16. The Chairperson, Members, officers and staff of the State Council shall be
deemed, when acting or purporting to act in pursuance of any of the
provisions of this Act, to be public servants within the meaning of sub section (2) of section 28 of the Bharatiya Nyaya Sanhita, 2023.
45 of 2023.
Functions of the
State Council.
17. (1) The State Council shall perform all or any of the following functions,
namely—
(a) register and regulate educational consultancies registered
under this Act in accordance with the procedure laid down under
section 3;
(b) publish and maintain a website or online portal of records,
for public viewing, of all educational consultancies for which
registration has been given, with such details as may be prescribed,
including information provided in the application based on which
registration has been granted;
(c) receive, record and address the grievances submitted by any
aggrieved person about the conduct of any educational consultancy,
whether registered or unregistered;
(d) maintain a database, on its website, for public viewing, and
enter the names and photographs of promoters of educational
consultancies, who have been identified by the State Council to have
avoided registration under the Act;
(e) maintain a database, on its website, for public viewing, and
enter the names and photographs of promoters of educational
consultancies who have applied and registered under this Act, with
such details as may be prescribed, including those whose registration
has been rejected or revoked;
(f) ensure compliance of its regulations or orders or directions
made in exercise of its powers under this Act and take appropriate
action against those found to be in contravention thereof;
(g) perform such other functions as may be entrusted to it by
the appropriate Government, as may be necessary to carry out the
purposes of this Act;
(h) assess educational consultancies for their compliance to the
regulations framed under the Act; examine the qualifications and
experience of the consultants of the educational consultancies and
ensure that they maintain the requisite standards of service; and
(i) any other function, as may be assigned to it by the
appropriate Government, from time to time.
(2) A complainant may approach the State Council and register a complaint
therewith in the prescribed form and manner and the State Council shall
endeavour to adjudicate on the complaint, preferably within one hundred
and eighty days from the date of registration of the complaint.
Powers of the
State Council.
18. (1) The State Council shall have the following powers, namely:—
(a) formulate regulations under the Act and issue directions for
the implementation of the provisions of the Act, as deemed necessary;
(b) carry out regular inspections to monitor educational
consultancies;
(c) deregister educational consultancies that do not comply with
the rules and regulations framed hereinunder; and
(d) impose penalty for offences committed under this Act or
whoever acts in contravention of the Act, rules and regulations made
thereunder.
(2) The State Council shall, while exercising the powers given under sub section (1), be guided by the principles of natural justice and, the provisions
of this Act and the rules made thereunder.
State Council to
have powers of a
Civil Court.
19. The State Council shall, while investigating complaints received under sub section (2) of section 17 and exercising the powers conferred under section
18, have all the powers of a Civil Court trying a suit and in particular, in
respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from
any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any
court or office;
(e) issuing commissions for the examination of witnesses and
documents; and
(f) any other matter which may be prescribed.
CHAPTER V
EDUCATIONAL CONSULTANCIES APPELLATE TRIBUNAL
Establishment of
the Educational
Consultancies
Appellate
Tribunal.
20. (1) The appropriate Government shall, within a period of one year from
the date of commencement of this Act, by notification in the Official
Gazette, establish an Appellate Tribunal to be known as the — (name
of the State/Union Territory) Educational Consultancies Appellate
Tribunal (hereinafter referred to as the Appellate Tribunal).
(2) The appropriate Government may, if it deems necessary, establish
one or more benches of the Appellate Tribunal, for various
jurisdictions, in a State or Union Territory, as the case may be.
(3) The appropriate Government of two or more States or Union
Territories may, if they deem fit, establish one single Appellate
Tribunal:
Provided that, until the establishment of an Appellate Tribunal under
this section, the appropriate Government shall designate, by order, any
Appellate Tribunal functioning under any law for the time being in force, to
be the Appellate Tribunal to hear appeals under the Act:
Provided further that after the Appellate Tribunal under this section is
established, all matters pending with the Appellate Tribunal designated to
hear appeals, shall stand transferred to the Appellate Tribunal so established
and shall be heard from the stage such appeal is transferred.
Appeals to the
Appellate
Tribunal.
21. (1) The appropriate Government or the competent authority or any person
aggrieved by any direction or order or decision of the State Council under
this Act may prefer an appeal to the Appellate Tribunal having jurisdiction
over the matter.
(2) Every appeal made under sub-section (1) shall be preferred within a
period of sixty days from the date on which a copy of the direction or order
or decision made by the State Council is received by the appropriate
Government or the competent authority or the aggrieved person and it shall
be in such form and accompanied by such fee, as may be prescribed:
Provided that the Appellate Tribunal may entertain any appeal after
the expiry of sixty days if it is satisfied that there was sufficient cause for
not filing it within that period.
(3) On receipt of an appeal under sub-section (1), the Appellate Tribunal
may after giving the parties a reasonable opportunity of being heard, pass
such orders, including interim orders, as it thinks fit.
(4) The Appellate Tribunal shall send a copy of every order made by it to
the parties and to the State Council.
(5) The appeal preferred under sub-section (1), shall be dealt with by the
Appellate Tribunal, as expeditiously as possible and endeavour shall be
made by it to dispose of the appeal within a period of sixty days from the
date of receipt of such appeal:
Provided that where any such appeal could not be disposed of within
the said period of sixty days, the Appellate Tribunal shall record its reasons
in writing for not disposing of the appeal within that period..
(6) The Appellate Tribunal may, for the purpose of examining the legality
or propriety or correctness of any order or decision of the State Council , on
its own motion or otherwise, call for the records relevant to deposing of such
appeal and make such orders as it thinks fit.
Composition of
the Appellate
Tribunal.
22. (1) Every bench of the Appellate Tribunal shall consist of a
Chairperson and not less than two whole time Members, of which one
shall be a Judicial member and other shall be a Technical or
Administrative Member, to be appointed by the appropriate
Government.
(2) The salary and allowances payable to, and the other terms and
conditions of service of, the Chairperson and other Members of the
Appellate Tribunal shall be such as may be prescribed and shall not be
varied to their disadvantage during their tenure.
Qualifications
for appointment
as Chairperson
and Members of
the Appellate
Tribunal.
23. (1) A person shall not be qualified for appointment as the Chairperson or a
Member of the Appellate Tribunal unless he,—
(a) in the case of Chairperson, is or has been a Judge of a High
Court;
(b) in the case of a Judicial Member, he has held a judicial office
in the territory of India for at least fifteen years or has been a member
of the Indian Legal Service and has held the post of Additional
Secretary of that service or any equivalent post, or has been an
advocate for at least twenty years; and
(c) in the case of a Technical or Administrative Member, he is a
person who is well-versed in the field and possesses experience of at
least twenty years in the educational services field or who has held
a post in the Central Government or a State Government equivalent to
the post of Additional Secretary to the Government of India or an
equivalent post in the State Government.
(2) The Chairperson of the Appellate Tribunal shall be appointed by the
appropriate Government in consultation with the Chief Justice of the High
Court or his nominee.
(3) The Judicial Members and Technical or Administrative Members of
the Appellate Tribunal shall be appointed by the appropriate Government
on the recommendations of a Selection Committee consisting of the Chief
Justice of the High Court or his nominee, the Secretary of the Department
handling Housing in the appropriate Government and the Law Secretary
in the appropriate Government.
Officers and
staff of the
Appellate
Tribunal.
24. (1) The appropriate Government shall provide to each bench of the
Appellate Tribunal with such number of officers and staff, as may be
considered necessary, to assist it in its efficient functioning.
(2) The method of recruitment and the qualifications and experience of
as well as the salary and allowances payable to, and other terms and
conditions of service of, the officers and staff, so appointed to assist the
Appellate Tribunal shall be such as may be prescribed.
Chairperson,
Members,
officers and staff
of the Appellate
Tribunal to be
public servants.
25. The Chairperson, Members, officers and staff of the Appellate Tribunal
shall be deemed, when acting or purporting to act in pursuance of any of
the provisions of this Act, to be public servants within the meaning of sub section (2) of section 28 of the Bharatiya Nyaya Sanhita, 2023.
45 of 2023.
Powers of the
Appellate
Tribunal.
26. (1) The Appellate Tribunal shall not be bound by the procedure laid down
by the Code of Civil Procedure, 1908 but shall be guided by the principles
of natural justice.
5 of 1908.
(2) Subject to the provisions of this Act, the Appellate Tribunal shall have
power to regulate its own procedure.
(3) The Appellate Tribunal shall also not be bound by the rules of evidence
contained in the Bharatiya Sakshya Adhiniyam, 2023.
47 of 2023.
(4) The Appellate Tribunal shall have, for the purpose of discharging its
functions under this Act, the same powers as are vested in a civil court under
the Code of Civil Procedure, 1908 in respect of the following matters,
namely:—
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or
documents;
(e) reviewing its decisions;
(f) dismissing an application for default or directing it ex parte; and
(g) any other matter which may be prescribed.
(5) All proceedings before the Appellate Tribunal shall be deemed to be
judicial proceedings for the purposes of the relevant provisions of the
Bharatiya Nyaya Sanhita, 2023 relating to offences affecting the
administration of justice; and the Appellate Tribunal shall be deemed to be
a civil court for the purposes of the relevant provisions of the Bharatiya
Nagarik Suraksha Sanhita, 2023 relating to the procedure for prosecution in
such cases.
46 of 2023.
Appeals to High
Court.
27. (1) Any person aggrieved by any decision or order of the Appellate
Tribunal, may, file an appeal to the High Court concerned, within a period
of sixty days from the date of communication of the decision or order of the
Appellate Tribunal, to him, on any one or more of the grounds specified in
section 100 of the Code of Civil Procedure, 1908:
5 of 1908.
Provided that the High Court may entertain the appeal after the expiry
of the said period of sixty days, if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal within the
specified period.
(2) No appeal shall lie against any decision or order made by the Appellate
Tribunal with the consent of the parties.
CHAPTER VI
OFFENCES AND PUNISHMENTS
Unauthorised
operation of
educational
consultancy.
28. If any educational consultancy , contravenes the provisions of section 3, it
shall be guilty of the offence of “unauthorised operation of educational
consultancy” and shall be punished with imprisonment for a term which
may extend up to two years, or with fine of one lakh rupees, or with both.
Misrepresentation
and Fraudulent
Practices.
29. Any educational consultancy which, by misrepresentation or through
fraudulent means, induces a student to pay fees or other charges under the
pretence of securing admission to an educational institution or employment,
shall be guilty of the offence of “misrepresentation and fraudulent
practices” and shall be punished with imprisonment for a term which may
extend up to three years, or with fine of two lakh and fifty thousand rupees,
or with both.
Breach of trust
amounting to
cheating.
30. Whoever, being in any manner entrusted with the responsibility to provide
educational consultancy services, or having carried out such
responsibilities, dishonestly fails to deliver or misappropriates those
services, or dishonestly uses or neglects the provision of those services in
violation of any legal obligation, direction, or contractual agreement,
express or implied, related to the discharge of such trust, or wilfully allows
any other person to do so, shall be guilty of the offence of “breach of trust
amounting to cheating” and shall be punished with imprisonment for a term
which may extend up to five years, or with fine of one lakh rupees, or with
both.
Obstruction of the
functioning of the
State Council.
31. Any person who wilfully obstructs or hinders the functioning of the State
Council or its officers in the exercise of their duties under this Act shall be
guilty of the offence of “Obstruction of the functioning of the State Council”
and shall be punished with imprisonment for a term which may extend up
to two years, or a fine of one lakh rupees, or with both.
Offences by
companies.
32. (1) Where an offence under this Act has been committed by a company,
every person who, at the time, the offence was committed was in charge of,
or was responsible to the company for the conduct of, the business of the
company, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section, shall render any
such person liable to any punishment under this Act if he proves that the
offence was committed without his knowledge or that he had exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed by a company, and it is proved that the
offence has been committed with the consent or connivance of, or is
attributable to, any neglect on the part of any director, manager, secretary
or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section,—
(a) “company” means anybody corporate and includes a firm,
or other association of individuals; and
(b) “director” in relation to a firm, means a partner in the firm.
CHAPTER VII
FINANCE, ACCOUNTS AND AUDIT
Grants and loans
by the Central
Government.
33. The Central Government may, after due appropriation made by
Parliament in this behalf, make to the Central Advisory Council and
the State Council of the Union territories without Legislature, grants
and loans of such sums of money as that Government may think fit for
being utilised for the purposes of this Act.
Grants and loans
by the State or
Union territory
Government.
34. The State or Union territory Government may, after due appropriation
made by State or Union territory Legislature, as the case may be, by
law in this behalf, make to the State Council concerned, grants and
loans of such sums of money as the State or Union territory
Government may think fit for carrying out the purposes of this Act.
Constitution of
Fund.
35. (1) The appropriate Government shall constitute a fund to be called the
'Educational Consultancies Fund’ and there shall be credited thereto,—
(a) all Government grants received by the State Council;
(b) the fees received under this Act;
(c) the interest accrued on the amounts referred to in clauses (a)
to (b).
(2) The Fund shall be applied for meeting—
(a) the salaries and allowances payable to the Chairperson and
other Members and the administrative expenses including the salaries
and allowances payable to the officers and other employees of the
State Council and the Appellate Tribunal;
(b) the other expenses of the State Council in connection with
the discharge of its functions and for the purposes of this Act.
(3) The Fund shall be administered by a Committee of such Members of the
State Council as may be determined by the Chairperson of that Council.
(4) The Committee appointed under sub-section (3) shall spend monies out
of the Fund for carrying out the objects for which the Fund has been
constituted.
Crediting sums
realised by way
of penalties to
the Consolidated
Fund of India or
State Account.
36. (1) All sums realised, by way of penalties, imposed by the State Council or
the Appellate Tribunal, in the Union Territories, shall be credited to the
Consolidated Fund of India.
(2) All sums realised, by way of penalties, imposed by the State Council or
the Appellate Tribunal, in a State, shall be credited to such account as the
State Government may specify
Budget,
Accounts and
Audit.
37. (1) The State Council shall prepare a budget, maintain proper accounts and
other relevant records and prepare an annual statement of accounts in such
form as may be prescribed by the appropriate Government in consultation
with the Comptroller and Auditor General of India.
(2) The accounts of the State Council shall be audited by the Comptroller
and Auditor General of India or bat such intervals as may be specified by
him and any expenditure incurred in connection with such audit shall be
payable by the State Council to the Comptroller and Auditor General of
India.
(3) The Comptroller and Auditor-General and any person appointed by him
in connection with the audit of the accounts of the Authority under this Act
shall have the same rights and privileges and authority in connection with
such audit as the Comptroller and Auditor General generally has in
connection with the audit of Government accounts and, in particular shall
have the right to demand and production of books, accounts, connected
vouchers and other documents and papers, and to inspect any of the offices
of the State Council.
(4) The accounts of the State Council, as certified by the Comptroller and
Auditor-General or any other person appointed by him in this behalf,
together with the audit report thereon shall be forwarded annually to the
appropriate Government by the State Council and the appropriate
Government shall cause the audit report to be laid, as soon as may be after
it is received, before each House of Parliament or, as the case may be, before
the State Legislature or the Union territory Legislature, where it consists of
two Houses, or where such legislature consists of one House, before that
House.
Annual Report.
38. (1) The State Council shall prepare, in such form and manner and at such
time of each financial year, as may be prescribed by the appropriate
Government, its annual report, giving a full account of its activities during
the previous financial year, and submit a copy thereof to the appropriate
Government.
(2) A copy of the report received under sub-section (1) shall be laid, as soon
as may be after it is received, before each House of Parliament or, as the
case may be, before each House of the State Legislature or the Union
territory Legislature, where it consists of two Houses, or where such
legislature consists of one House, before that House.
CHAPTER VIII
MISCELLANEOUS
Power of the
appropriate
Government to
make rules and
of the State
Council to make
regulations.
39. (1) The appropriate Government shall, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) The State Council may, from time to time, with the approval of the
appropriate Government, by notification in the Official Gazette, make
regulations not inconsistent with the provisions of this Act and the rules
made thereunder, to provide for all matters for which provision is necessary
or expedient for the purposes of giving effect to the provisions of this Act.
(3) Every rule made by the Central Government and every regulation made
by the State Council of the Union territories without Legislature under this
Act shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any
modification in the rule. Houses agree that the rule or regulation should not
be made, the rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule.
(4) Every rule made by the State Government or the Union Territory
Government, as the case may be and every regulation made by the State
Council of the State Government or the Union Territory Government, as the
case may be, under this Act shall be laid, as soon as may be after it is made,
before each House of the State Legislature or the Union Territory
Legislature, where it consists of two Houses, or where such legislature
consists of one House, before that House.
Act to have
overriding
effect.
40. The provisions of this Act shall have effect, notwithstanding anything
inconsistent therewith contained in any other law for the time being in force.
Power to
remove
difficulties.
41. (1) If any difficulty arises in giving effect to the provisions of this Act, the
Central Government may, by order, published in the Official Gazette, make
such provisions not inconsistent with the provisions of this Act as may
appear to be necessary for removing the difficulty:
Provided that no order shall be made under thissection after the expiry
of five years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after
it is made, before each House of Parliament.
STATEMENT OF OBJECTS AND REASONS
Educational consultancies in India are organizations or individuals that offer
professional advice and support to students seeking higher education opportunities,
both within the country and abroad. In India, educational consultancies play a
significant role due to the diverse and often complex landscape of educational
opportunities available across different regions and disciplines. Their core
functions include assisting students in selecting appropriate educational
institutions, navigating admission processes, and completing application
procedures. They also provide services such as career counselling, entrance exam
preparation, and visa assistance for studying abroad. These consultancies may also
engage in promotional activities to showcase educational programs and institutions,
organizing seminars and workshops to inform and attract potential students.
Furthermore, they assist educational institutions by managing recruitment
campaigns and facilitating connections with prospective students.
As the number and influence of these consultancies grow, there is a need for
a regulatory body to ensure quality and ethical practices. This Bill outlines the
features and structure of a Central Advisory Council for Educational Consultancies
and a State Council for Educational Consultancies in each State and Union territory
to oversee and regulate the functioning of educational consultancies in India and
makes their registration mandatory. The Bill also provides a grievance redressal
mechanism for the general public within the structure of the State Council and for
an Appellate Tribunal in each State and Union territory to hear and decide on
appeals against the decisions of the State Council. Offences by educational
consultancies and penalties for each such offence has also been well-defined in the
Bill for strict compliance of the provisions thereof. With a well-defined structure
and comprehensive features, the regulatory mechanism proposed for educational
consultancies and the services rendered by them would ensure ethical practices in
the industry, protect the interests of students and parents, and contribute to the
overall improvement of the educational landscape in India.
The Bill seeks to achieve the above-mentioned objectives.
A.A. RAHIM.
FINANCIAL MEMORANDUM
Clause 4 of the Bill provides for the establishment and maintenance of a
publicly accessible online portal registration status and other relevant details of
educational consultancies by the State Council. Clause 5 provides for the
establishment of a Central Advisory Council for Educational Consultancies
whereas Clause 6 provides for the salary and allowances as well as other conditions
of service of the Chairperson and Members thereof. Clause 7 of the Bill provides
for the officers and staff of the Central Advisory Council and for the salary and
allowances payable to them as well as the other conditions of their service. Clause
9 of the Bill provides for the establishment of a State Council for Educational
Consultancies in each State and Union territory. Clause 10 of the Bill provides for
the composition of the State Council whereas Clause 11 provides for the salary and
allowances payable to and other conditions of service of the Chairperson and
Members thereof. Clause 15 provides for the officers and staff of the State Council
and for the salary and allowances payable to them as well as the other terms and
conditions of their service. Clause 20 provides for the establishment of an
Educational Consultancies Appellate Tribunal in each State and Union territory to
adjudicate disputes and hear appeals arising out of the decisions of the State
Council. Clause 22 of the Bill provides for the composition of the Appellate
Tribunal and for the salary and allowances payable to and other conditions of
service of the Chairperson and Members thereof. Clause 24 of the Bill provides
for such number of officers and staff as may be required to assist the Appellate
Tribunal and for the salary and allowances payable to them and for the other
conditions of their service. Clause 33 of the Bill provides for the Central
Government to provide adequate funds to the Central Advisory Council and the
State Council of the Union territories without Legislature to aid its efficient
functioning.
The Bill, therefore, if enacted, would involve expenditure, both of recurring
and non-recurring nature, from the Consolidated Fund of India. However, it is
difficult to estimate the exact quantum of expenditure likely to be involved at this
stage.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 39 of the Bill empowers the appropriate Government to frame
rules and the State Council to frame regulations with the approval of the
appropriate Government for implementation of the provisions of this Act. Clause
41 provides that the Central Government may, make such provisions, by order, as
may be necessary for removing any difficulty to give effect to the provisions of
this Bill.
As the rules, or orders will relate to matters of procedural and administrative
details only, the delegation of legislative power is of a normal character.
XI
Bill No. LXVII of 2025
A Bill to provide employees with the right to disconnect from work-related
communications outside working hours by establishing
comprehensive framework for work-life balance to
protect the mental health and well-being of
employee, and to ensure equitable labour
practices in the digital age and for
matters connected therewith
or incidental thereto.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of
India as follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Right to Disconnect Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the official Gazette, appoint.
Definitions.
2. In this Act, unless the context otherwise requires—
(a) "appropriate Government" means the Central Government in
respect of establishments falling under its jurisdiction, and the State
Government in respect of other establishments;
(b) "digital wellness" means and includes the pursuit of an optimal
balance between digital technology use and physical and mental well being for a life with human dignity;
(c) "employee" shall have the same meaning as defined in clause
(26) of section 2 of the Code on Social Security, 2020;
36 of 2020.
(d) "employer" shall have the same meaning as defined in clause
(m) of section 2 of the Industrial Relations Code, 2020;
35 of 2020.
(e) “performance appraisal” means and includes the performance
appraisal evaluations in any form carried out by the employer;
(f) “policy” means the Right to Disconnect policy to be
formulated and implemented by every employer under section 4 of
this Act;
(g) “prescribed” means prescribed by rules made under this Act;
(h) "working hours" shall have the same meaning as has been
provided in Chapter VII of the Occupational Safety, Health and
Working Conditions Code, 2020;
37 of 2020.
(i) "work-related communication" includes but is not limited to:
(i) emails, text messages, instant messages, and voice
messages;
(ii) phone calls and video calls;
(iii) notifications from work applications and software; and
(iv) any form of digital or electronic communication initiated
by the employer, supervisors, colleagues, or clients related to
work matters.
CHAPTER II
RIGHT TO DISCONNECT
Right of
employeesto
disconnect.
3. (1) Every employee shall have the right to disconnect from work-related
communications outside of working hours, on weekly holidays, public
holidays, and during periods of sanctioned leave subject to the exclusions
and limitations specifically provided under this Act and the rules made
thereunder.
(2) The employer shall not take any action including retrenchment,
disciplinary action, penalties during performance appraisal, or any other
adverse consequence for exercising the right guaranteed under sub section (1).
(3) The right to disconnect means and shall include:
(a) the right to not respond to work-related communications
outside working hours, on weekly holidays, public holidays and during
periods of sanctioned leave;
(b) the right to not be penalized for delayed responses to non urgent communications;
(c) the right to have personal time respected and protected; and
(d) the right to mental rest and recuperation.
(4) Any limitation under sub-section (1) shall be:
(a) clearly specified in the employment contract, in such manner
as may be prescribed;
(b) reasonable and proportionate;
(c) accompanied by appropriate compensation, as may be
prescribed; and
(d) subject to periodic review.
CHAPTER III
DUTIES AND OBLIGATIONS OF EMPLOYERS
Mandatory
Right to
Disconnect
policy.
4. (1) Every employer employing ten or more employees shall, within six
months from the date of commencement of this Act, formulate and
implement a comprehensive Right to Disconnect policy in consultation with
employee representatives or recognized trade unions, as the case may be, in
such form and manner as may be prescribed.
(2) The policy shall include:
(a) clearly defined working hours and availability periods;
(b) specific modes and timing of permissible after-working
hours communication;
(c) detailed emergency contact protocols and definitions;
(d) response time expectations for different types of
communication;
(e) grievance redressal mechanisms and complaint procedures;
(f) disciplinary measures for policy violations;
(g) digital wellness programs and mental health support
initiatives; and
(h) regular policy review and update mechanisms.
(3) The policy shall be:
(a) notified and filed with the Labour Commissioner having
competent jurisdiction within thirty days of its formulation:
Provided that the Labour Commissioner concerned shall ensure
that the policy is strictly complied with by all employers under his
jurisdiction and shall take necessary action for non-compliance, in
such manner as may be prescribed;
(b) made accessible to all employees in multiple languages as
may be prescribed;
(c) displayed prominently at the workplace and on company
digital platforms;
(d) included in employee handbooks and induction programs;
and
(e) included as a compliance report under the Companies Act,
2013.
18 of 2013.
Employer
obligations for
digital wellness.
5. Every employer shall implement necessary measures to promote digital
wellness including:
(a) training programs on healthy technology use;
(b) periodic digital detox initiatives;
(c) ergonomic assessments for remote and hybrid workers;
(d) mental health support services and counseling facilities;
and
(e) regular surveys to assess work-life balance satisfaction.
Prohibition of
action against
employee.
6. No employer shall:
(a) terminate, demote, or take any disciplinary action against an
employee;
(b) reduce wages, benefits, or opportunities for career
advancement;
(c) create a hostile work environment; and
(d) exclude employees from meetings, projects, or communi cations as punishment;
for exercising their right to disconnect in accordance with the provisions of
this Act and the policy formulated and implemented.
CHAPTER IV
ENFORCEMENT AND COMPLIANCE
Grievance
redressal
mechanism.
7. (1) Every establishment shall establish an Internal Grievance
Committee comprising of twelve members:
(a) with six members to be nominated by the employer and
five members to be nominated by the employees, in such manner
as may be prescribed; and
(b) one member, who shall be a psychologist, to be
nominated by the employer possessing such qualifications and
experience and in such manner and with such salary or
allowances and on such terms and conditions, as may be
prescribed.
(2) Any aggrieved employee may file a complaint with the Internal
Grievance Committee, in such form and manner as may be prescribed, who
shall, after due inquiry and process conducted in such manner as may be
prescribed, render a written decision within fifteen days from the date of
receipt of the complaint.
(3) If the finding of the Internal Grievance Committee is against the
employer, then the employer shall be liable to a fine up to fifty thousand
rupees, which shall be paid to the complainant:
Provided that no such fine shall be imposed without giving the employer
concerned a reasonable opportunity of being heard.
CHAPTER V
PENALTIES
Penaltiesfor
non compliance.
8. Every employer failing to formulate or implement a disconnection policy as
provided under section 4 shall be liable to:
(a) a fine which shall not be less than fifty thousand rupees but
may extend to two lakh rupees; and
(b) in case of continued non-compliance even after receipt of
notice from the Labour Commissioner, an additional fine of two
thousand rupees for each day such non-compliance is continued.
CHAPTER VI
MISCELLANEOUS
Annual
reporting and
evaluation.
9. (1) The appropriate Government shall prepare once every year, as may be
prescribed, and publish an annual report including therein:—
(a) implementation status of this Act across various sectors
within their jurisdiction;
(b) the levels of compliance and details of enforcement actions;
(c) impact assessment on employee well-being and productivity;
and
(d) recommendations for policy improvements.
(2) The appropriate Government shall cause a copy of the annual report to
be laid, as the case may be, before each House of Parliament or each House
of the State legislature, where it consists of two Houses or where such
Legislature consists of one House, before that House.
Appropriate
Government to
provide funds.
10. The appropriate Government, shall from time to time, after due
appropriation made by Parliament or the State Legislature, as the case
may be, by law in this behalf, provide requisite funds for carrying out
the purposes of this Act.
Power to make
rules.
11. (1) The Central Government may, in consultation with the State
Governments, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act.
(2) The State Governments may, by notification in the Official Gazette,
make rules for matters falling within their respective jurisdiction, provided
such rules shall not be inconsistent with this Act or the rules made by the
Central Government.
(3) Every rule made by the Central Government under this Act shall be laid,
as soon as may be after it is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
regulation or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that
rule.
(4) Every rule made by the State Government under this Act shall be laid, as
soon as may be after it is made, before each House of the State Legislature
where it consists of two Houses, or where such Legislature consists of one
House, before that House.
Power to
remove
difficulties.
12. (1) If any difficulty arises in giving effect to the provisions of this Act, the
Central Government may, make such order, not inconsistent with the
provisions of this Act, as may appear to be necessary for removing such
difficulty:
Provided that no such order shall be made after the expiry of three
years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be
after it is made before each House of Parliament.
Act not in
derogation and
to supplement
other laws.
13. The provisions of this Act shall be in addition to and not in derogation of
any other law for the time being in force dealing with the subject matter of
this Act.
STATEMENT OF OBJECTS AND REASONS
The rapid digitization of workplaces and the proliferation of communication
technologies have fundamentally transformed the nature of work in India. While
these developments have brought numerous benefits, they have also created an
"always-on" culture that blurs the boundaries between work and personal life,
leading to significant mental health challenges, increased stress levels, and
deteriorating work-life balance among employees.
Recent studies indicate that over 80 per cent. of Indian professionals report
experiencing work-related stress outside of normal working hours, with particularly
severe impact on women, young professionals, and those in the information
technology sector. The COVID-19 pandemic has further exacerbated these issues,
with remote work arrangements often leading to extended working hours and
constant connectivity expectations.
International best practices from countries such as France, Belgium, Portugal,
and Australia demonstrate that legislative frameworks establishing the Right to
Disconnect can effectively protect employee welfare while maintaining business
efficiency. The European Union has also recognized the Right to Disconnect as a
fundamental digital right for workers.
This Bill seeks to address these challenges by establishing a comprehensive
legal framework that:
• Recognizes the fundamental right of employees to disconnect from
work-related communications outside working hours;
• Establishes clear obligations for employers to respect this right and
implement appropriate policies;
• Provides robust enforcement mechanisms including penalties for
violations and protection against retaliation;
• Promotes digital wellness and mental health support in workplaces;
• Balances business needs with employee welfare through reasonable
exceptions and sector-specific guidelines; and
• Ensures comprehensive coverage including traditional employees, gig
workers, and platform workers.
The Bill aims to create a healthier, more productive workforce while
positioning India as a progressive nation that values both technological
advancement and human well-being. By codifying the right to disconnect, India
can lead by example in addressing the challenges of the digital age while
maintaining its competitive edge in the global economy.
The proposed legislation is expected to benefit millions of workers across
sectors, reduce workplace stress and burnout, improve family relationships and
social cohesion, and ultimately contribute to a more sustainable and equitable
model of economic growth.
Hence, this Bill.
A. A. RAHIM.
FINANCIAL MEMORANDUM
Clause 5 of the Bill provides that every employer shall implement
necessary measures to promote digital wellness amongst its employees including
training programs on healthy technology use, periodic digital detox initiatives,
ergonomic assessments for remote and hybrid workers, mental health support
services and counselling facilities and regular surveys to assess work-life balance
satisfaction. Sub-clause (1) of clause 7 of the Bill provides that every
establishment shall establish an Internal Grievance Committee consisting of
twelve Members, out of which one shall be a psychologist, to be nominated by the
employer possessing such qualifications and experience and in such manner and
with such salary or allowances and on such terms and conditions, as may be
prescribed. Sub-clause (3) of clause 7 provides that if the finding of the Internal
Grievance Committee is against the employer, then the employer shall be liable to
a fine up to fifty thousand rupees, which shall be paid to the complainant. Clause
10 of the Bill provides that the appropriate Government shall provide adequate
funds for carrying out the purposes of the Bill.
The Bill, therefore, if enacted, will involve expenditure, both of recurring
and non-recurring nature, from the Consolidated Fund of India. However, it is not
possible at this stage, to make an exact estimate of the expenditure likely to be
involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 11 of the Bill empowers the Central Government and State
Governments to make rules for carrying out the provisions of this Bill. Clause 12
empowers the Central Government to make such provisions through an order for
removing any difficulty that might arise in giving effect to the provisions of the
Bill.
As the rules and orders will relate to matters of procedural and
administrative detail only, the delegation of legislative power is of a normal
character.
XII
Bill No. XXVI of 2025
A Bill further to amend the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989.
BE it enacted by Parliament in the Seventy-sixth Year of the Republic of
India as follows:⸺
1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2025.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Amendment of
section 4.
2. In section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention
of Atrocities) Act, 1989 (hereinafter referred to as the principal Act), for
clause (1), the following shall be substituted, namely⸺
“(1) Whoever, being a public servant, wilfully neglects his duties
required to be performed by him under this Act,⸺
(i) shall be punishable with imprisonment for a term which
shall not be less than one year;
(ii) in addition to the punishment specified under clause (i),
such public servant shall be subject to departmental proceedings, in
accordance with the applicable service rules; and
(iii) where such public servant is found to have repeatedly
failed in the discharge of such duties without reasonable cause, he
may, notwithstanding anything contained in any other law for the
time being in force, be dismissed from the service.”
33 of 1989.
Amendment of
section 21.
3. In section 21 of the principal Act, in sub-section (2), after clause (vii), the
following new clauses shall be inserted, namely,⸺
“(viii) the conduct of regular training programs for law
enforcement offices, judicial officers, and government officials to ensure
they are well-versed with the provisions of this Act and sensitive to the
issues faced by members of the Scheduled Castes and the Scheduled
Tribes; and
(ix) the launching of public awareness campaigns to educate the
general public about the rights and protections provided under this Act.”
STATEMENT OF OBJECTS AND REASONS
As per ‘Crime in India 2022’, published by National Crime Records Bureau, a
total of 57582 and 10064 crimes were registered against Scheduled Castes (SC) and
Scheduled Tribes (ST) respectively, in the year 2022. Both of these numbers were an
increase from what was registered in the previous year. In the same report, the number
of victims reported under the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (PoA Act) alone, i.e., in cases not involving any provisions of the
Indian Penal Code, for the year 2022, was 4713.
In Lata Singh v. the State of UP (AIR 2006 SCC 2522), Supreme Court has
said, “The caste system is a curse on the nation and the sooner it is destroyed the better.
In fact, it is dividing the nation at a time when we have to be united to face the
challenges before the nation unitedly.”
In the case of Subhash Kashinath Mahajan v. The State of Maharashtra (AIR
2018 SC 1498), the Supreme Court opined that SC/ST Prevention of Atrocities Act
(i.e., the PoA Act) is being misused and checks are needed to prevent such misuse. The
act had to be interpreted in a manner which will ensure that “casteism is not
perpetuated” through the implementation of the law. The court also noted that the
legislature never intended for innocent citizens to be termed as accused through this act.
However, it noted that this Act has become an instrument to blackmail or to wreak
personal vengeance which wasn’t the motive of the legislators while bringing forward
the Act. This judgement was nullified through the insertion of Section 18A in the Act
whose constitutionality was upheld in the case of Prathvi Raj Chauhan v. Union of
India. However, observations as made above can’t be absolutely neglected.
In P. Mariappan v. The Deputy Inspector General of Police, Coimbatore Range
and Ors. (MANU/TN/0657/2014), the Madras HC directed the Superintendent of Police
to register a case against the Inspector of Police under Section 4 of the PoA Act,
because he had investigated into the complaint of the Petitioner himself, and had failed
to put the files on record for the orders of the Superintendent of Police. The Court noted
that this investigation could not have been done by the Inspector of Police, but had to be
done by an officer not below the rank of Deputy Superintendent of Police as per Section
7 of the PoA Act. The Court also held the State Government responsible for
compensating the Petitioner, because the police officials of the State Government had
passed an order to bar the Petitioner from entering the village altogether.
Various studies and reports like that of National Dalit Movement for Justice
Report, 2020, State of Policing in India Report (2018) by Common Cause and Lokniti
CSDS etc. indicate that biases against marginalised communities often influence how
cases are handled. Many public servants also lack comprehensive knowledge of the
Act, hence mandatory sensitivity training can play a key role in combating prejudices
that may otherwise hinder the fair treatment. Regular training would create a culture of
accountability, making it easier to identify and address failures in enforcement. This
sort of training also aligns with Article 46 of the Constitution which directs the state to
promote the educational and economic interests of SC/ST communities and protect
them from social injustice and exploitation.
Public servants often handle a high volume of cases, and negligence can
sometimes stem from a lack of accountability. Increasing the minimum punishment
from six months to one year emphasizes the gravity of neglect and signals that willful
negligence will not be tolerated. Departmental proceedings can be initiated more
promptly than criminal trials, providing an immediate accountability mechanism for
dereliction of duty. When public servants know that departmental actions like
suspension, demotion, or reprimand are possible, they are more likely to approach
SC/ST cases with diligence and seriousness.
Hence this Bill.
MANOJ KUMAR JHA.
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the establishment of a geo-tagged National
Defibrillator Registry. Clause 21 provides that the Central Government shall provide
requisite funds for carrying out the purposes of this Act.
The Bill, therefore, if enacted, would involve expenditure from the Consolidated
Fund of India. However, at this juncture, it is difficult to estimate the actual expenditure
likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 13 empowers the Central and State Government, as the case may
be, to make rules, to carry out the provisions of this Bill. Clause 15 provides that
the Central Government may, make such order, as may be necessary, for removing
any difficulty to give effect to the provisions of this Bill.
As the rules, or orders will relate to matters of procedural and administrative
details only, the delegation of legislative power is of a normal character.
XXVI
Bill No. XV of 2026
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of
India as follows: —
1. (1) This Act may be called the Constitution (Amendment) Act, 2026.
Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Amendment
of article15.
2. In article 15 of the Constitution, for clause (4), the following new clause
shall be substituted:—
“(4) Nothing in this article or in clause (2) of article 29 shall prevent
the State from making any special provision for the advancement of any
socially and educationally backward classes of citizens proportionate to their
population in the caste census or for the Scheduled Castes and the Scheduled
Tribes.”
Amendment
of article 16.
3. In article 16 of the Constitution, for clauses (4) & (4A), the following new
clauses shall be substituted, namely:—
“(4) Nothing in this article shall prevent the State from making any
provision for the reservation of appointments or posts in favour of any
backward class of citizens which, in the opinion of State, is not adequately
represented in the services under the State proportionate to their population
in the caste census.
(4A) Nothing in this article shall prevent the State from making any
provision for reservation in matters of promotion, with consequential
seniority, to any class or classes of posts in the services under the State in
favour of the Scheduled Castes, the Scheduled Tribes and Other Backward
Classes which, in the opinion of the State, are not adequately represented in
the services under the State.”
Amendment
of article 124.
4. In article 124 of the Constitution, after clause (2A), the following new
clauses shall be inserted, namely:—
“(2B) Notwithstanding anything in this Constitution, the appointment
of Judges to the Supreme Court shall be made by giving due representation
to members of the Scheduled Castes, Scheduled Tribes, Other Backward
Classes, religious minorities and women, in proportion to their population in
the country:
Provided that the provisions of this clause shall not apply to such
categories which are already represented in the total strength of Judges of the
Supreme Court in proportion to their population in the country.
(2C) Subject to the provisions of clause (2B), the Central Government
shall frame a Memorandum of Procedure for appointment of Judges of the
Supreme Court in consultation with the Chief Justice of India, setting out the
timelines and procedure including identifying, assessing, recommending, and
appointing suitable candidates as Judges of the Supreme Court.
(2D) If the Chief Justice or Judge of any High Court is being
considered for appointment as a Judge of the Supreme Court, the Central
Government shall consult the Government of that State before making such
appointment.
(2E) The Central Government shall either return or notify any
recommendation of the collegium of the Supreme Court for appointment of
Judges of the Supreme Court within sixty days of receipt of the
recommendation:
Provided that if any recommendation is returned by the Central
Government and the same is re-iterated by the collegium of the Supreme
Court, the Central Government shall notify the same within a period of thirty
days of receipt of the reiteration.
Explanation— For the purpose of this clause, ‘collegium of the
Supreme Court’ shall mean a Committee comprising of five senior-most
Judges of the Supreme Court including the Chief Justice of India.”
Substitution of
article 130.
5. For article 130 of the Constitution, the following article shall be
substituted, namely:—
“130. (1) The Supreme Court established under Clause (1) of article 124
shall comprise of a Constitution Bench sitting at New Delhi and four
Permanent Regional Benches for the northern, southern, eastern and
western regions, which shall sit at New Delhi, Chennai, Kolkata and
Mumbai respectively.
Constitution
Bench and
Permanent