Full Text
LOK SABHA
————
The following Bills were introduced in Lok Sabha on 26th July, 2023:—
BILL NO. 93 OF 2023
A Bill further to amend the Registration of Births and Deaths Act, 1969.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Registration of Births and Deaths (Amendment)
Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2.Throughout the Registration of Births and Deaths Act, 1969 (hereinafter referred
to as the principal Act), for the word “Registrar-General”, wherever it occurs, the words“Registrar General of India” shall be substituted.Short title andcommencement.
Construction
of referencesof certainexpressions bycertain otherexpressions.18 of 1969.vlk/kkj.k
EXTRAORDINARY
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PART II — Section 2
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No. 11] NEW DELHI, WEDNESDAY, JULY 26, 2023/SRA V ANA 4, 1945 (SAKA)
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3.In section 2 of the principal Act, in sub-section ( 1),—
(i) clause ( a) shall be re-numbered as clause ( ab) thereof, and before clause ( ab)
as so re-numbered, the following clauses shall be inserted, namely:—
‘(a) “Aadhaar number” shall have the same meaning as assigned to it in
clause ( a) of section 2 of the Aadhaar (Targeted Delivery of Financial and Other
Subsidies, Benefits and Services) Act, 2016;
(aa) “adoption” shall have the same meaning as assigned to it in clause ( 2)
of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015;’;
(ii) clause ( b) shall be re-numbered as clause ( ba) thereof, and before clause ( ba)
as so re-numbered, the following clause shall be inserted, namely:—
‘(b) “database” means the organised collection of data, generally stored
and accessed in electronic form from a computer network;’.
4.In section 3 of the principal Act,––
(i) in the marginal heading, for the words “Registrar-General, India”, the words
“Registrar General of India” shall be substituted;
(ii) in sub-section ( 1), for the words “Registrar-General, India”, the words
“Registrar General of India” shall be substituted;
(iii) in sub-section ( 3), for the words “and submit”, the words “and the database
of registered births and deaths and submit” shall be substituted;
(iv) after sub-section ( 3), the following sub-sections shall be inserted, namely:—
“(4) The Registrar General of India shall maintain the database of
registered births and deaths at the National level and it shall be obligatory uponthe Chief Registrar and the Registrars to share the data of registered births anddeaths to such database.
(5) Subject to the proviso to sub-section ( 1) of section 17 and with the
prior approval of the Central Government, the database of registered births anddeaths maintained under sub-section ( 4) may, on request, be made available to
the authorities dealing with the preparation or maintenance of database relatingto—
(a) population register;
(b) electoral rolls;
(c) Aadhaar number;
(d) ration card;
(e) passport;
(f) driving licence;
(g) property registration; and
(h) such other databases at the National level as may be notified,
and the authority shall inform the action taken, within such period as may be
notified from time to time, to the Central Government:
Provided that the preparation or maintenance of database relating to
electoral rolls in clause ( b) shall be without prejudice to the provisions of the
Representation of the People Act, 1950.”.
5.In section 4 of the principal Act, after sub-section ( 4), the following sub-sections
shall be inserted, namely:—
“(5) The Chief Registrar shall take steps to register births or deaths and maintain
a unified database of registered births and deaths at the State level by using theportal as approved by the Registrar General of India and it shall be obligatory uponthe Registrars to share the data of registered births and deaths to such database.Amendmentof section 2.
18 of 2016.
2 of 2016.
Amendment
of section 3.
43 of 1950.
Amendment
of section 4.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
(6) Subject to the proviso to sub-section ( 1) of section 17 and with the prior
approval of the State Government, the database of registered births and deathsmaintained under sub-section ( 5) at the State level may, on request, be made available
to the authority dealing with other databases at the State level and the authority shallinform action taken, within such period as may be notified from time to time, to theState Government:
Provided that the preparation or maintenance of database relating to electoral
rolls shall be without prejudice to the provisions of the Representation of the PeopleAct, 1950.”.
6.In section 7 of the principal Act,—
(i) in sub-section ( 2),—
(a) after the words “enter in the register maintained”, the words
“, electronically or otherwise,” shall be inserted;
(b) after the word and figure “section 9”, the words “in respect of births
and deaths which has taken place in his jurisdiction” shall be inserted;
(ii) in sub-section ( 5),—
(a) for the words “appoint Sub-Registrars and”, the words “appoint
Sub-Registrars and, in the event of any disaster or epidemic, appoint SpecialSub-Registrars” shall be substituted;
(b) the following Explanation shall be inserted, namely:—
‘Explanation. —For the purposes of this sub-section, the expressions,—
(i) “disaster” shall have the same meaning as assigned to it in
clause ( d) of section 2 of the Disaster Management Act, 2005;
(ii) “epidemic” means the epidemic referred to in the Epidemic
Diseases Act, 1897.’.
7.In section 8 of the principal Act, in sub-section ( 1),––
(i) in the opening portion,—
(a) for the words “orally or in writing”, the words “orally or in writing
with signature” shall be substituted;
(b) after the words “several particulars”, the words “including the Aadhaar
number of parents and the informant, if available, in case of birth,” shall beinserted;
(ii) in clause ( a), the word “male” shall be omitted;
(iii) after clause ( a), the following clauses shall be inserted, namely:—
“(aa) in respect of non-institutional adoption, the adoptive parents;
(ab) in respect of birth of a child to a single parent or unwed mother from
her womb, the parent;
(ac) in respect of birth of a child through surrogacy, the biological parent;”;
(iv) after clause ( d), the following clauses shall be inserted, namely:—
‘(da) in respect of a child who is taken on adoption from the Specialised
Adoption Agency, the person in-charge of the Specialised Adoption Agency.
Explanation. —For the purposes of this clause, the expression “Specialised
Adoption Agency” shall have the same meaning as assigned to it in clause (
57)
of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015;Amendmentof section 7.
Amendment
of section 8.53 of 2005.
3 of 1897.
2 of 2016.43 of 1950.
(db) in respect of an orphan or abandoned child or surrendered child in
any child care institution, the person in-charge or caretaker of the child careinstitution.
Explanation.— For the purposes of this clause, the expressions
“abandoned child” or “child care institution” or “orphan” or “surrenderedchild” shall have the same meanings as respectively assigned to them inclauses ( 1), (21), (42) and ( 60) of section 2 of the Juvenile Justice (Care and
Protection of Children) Act, 2015;
(dc) in respect of birth of a child through surrogacy in a surrogacy clinic,
the person in-charge of the surrogacy clinic.
Explanation. — For the purposes of this clause, the expressions
“surrogacy” and “surrogacy clinic” shall have the same meanings asrespectively assigned to them in clauses ( zd) and ( ze) of sub-section ( 1) of
section 2 of the Surrogacy (Regulation) Act, 2021;’.
8.In section 10 of the principal Act, for sub-sections ( 2) and ( 3), the following
sub-sections shall be substituted, namely:––
“(2) Where death occurs in any medical institution providing specialised
treatment or general treatment, every such institution, irrespective of ownership,shall, free of charge, provide a certificate of the cause of death, including the historyof illness, if any, signed by the medical practitioner who attended that person duringhis recent illness to the Registrar in such form as may be prescribed and provide acopy of such certificate to the nearest relative.
(3) In the event of death of any person occurring in any place other than
medical institution, and such person was, during his recent illness, attended to by amedical practitioner, such medical practitioner shall, after the death of that person,free of charge, forthwith issue, a certificate of the cause of death, including thehistory of illness, if any, to the person required under this Act to give information
concerning the death in such form as may be prescribed, and the person, on receipt ofthe certificate, shall deliver the same to the Registrar at the time of giving information ofthe death as required under this Act.”.
9.In section 11 of the principal Act, for the words “place of abode, and, if he cannot
write”, the words “place of abode and put his signature thereto, and, if he cannot write”shall be substituted.
10.For section 12 of the principal Act, the following section shall be substituted,
namely:—
“12. The Registrar shall, as soon as the registration of a birth or death has been
completed, but not later than seven days, give, free of charge, electronically orotherwise under his signature, to the person who gives information under section 8 orsection 9, a certificate extracted from the register relating to such birth or death insuch form and manner as may be prescribed.”.
11.In section 13 of the principal Act, for sub-sections ( 2) and ( 3), the following
sub-sections shall be substituted, namely:––
‘(2) Any birth or death of which delayed information is given to the Registrar
after thirty days but within one year of its occurrence, shall be registered only withthe written permission of the District Registrar or such other authority, on payment ofsuch fee and on production of self-attested document in such form and manner asmay be prescribed.
(3) Any birth or death of which delayed information is given to the Registrar
after one year of its occurrence, shall be registered only on an order made by a District2 of 2016.
47 of 2021.
Amendment
of section 10.
Amendment
of section 11.
Substitution
of newsection forsection 12.
Certificate of
registrationof births ordeaths.
Amendment
of section 13.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5
Magistrate or Sub-Divisional Magistrate or by an Executive Magistrate authorised
by the District Magistrate, having jurisdiction over the area where the birth or deathhas taken place, after verifying the correctness of the birth or death and on paymentof such fee as may be prescribed.
Explanation. —For the purposes of this sub-section, the expression “Executive
Magistrate” means the Executive Magistrate appointed under sub-section ( 1) of
section 20 of the Code of Criminal Procedure, 1973.’.
12.In section 16 of the principal Act, in sub-section ( 1), after the words “register of
births and deaths”, the words “, electronically or otherwise,” shall be inserted.
13.In section 17 of the principal Act,—
(i) in sub-section ( 1), for clause ( b), the following clause shall be substituted,
namely:—
“(b) obtain, electronically or otherwise, a certificate of birth or death from
such register and issued in such form and manner as may be prescribed:
Provided that no certificate relating to any death, issued to any person, shall disclose
the particulars regarding the cause of death as entered in the register.”;
(ii) in sub-section ( 2), for the word “extracts” occurring at both the places, the
word “certificates” shall be substituted;
(iii) after sub-section ( 2), the following sub-section shall be inserted, namely:—
“(3) Notwithstanding anything contained in any other law for the time
being in force, the certificate referred to in sub-section ( 2) or section 12, shall be
used to prove the date and place of birth of a person who is born on or after thedate of commencement of the Registration of Births and Deaths (Amendment)Act, 2023, for the purposes of—
(a) admission to an educational institution;
(b) issuance of a driving licence;
(c) preparation of a voter list;
(d) registration of a marriage;
(e) appointment to a post in the Central Government or State
Government or a local body or public sector undertaking or in anystatutory or autonomous body under the Central Government or StateGovernment;
(f) issuance of a passport;
(g) issuance of an Aadhaar number; and
(h) any other purpose as may be determined by the Central
Government.”.
14.In section 18 of the principal Act, for the words “by the District Registrar”, the
words “in general or special order by the Chief Registrar” shall be substituted.
15.In section 23 of the principal Act,––
(a) in sub-section ( 1),—
(i) in the opening portion, for the words “Any person”, the words, brackets,
figure and letter “Any person, except the person specified in sub-section ( 1A)
,”
shall be substituted;
(ii) in clause ( c), after the words “thumb mark”, the words “or signature,
as the case may be,” shall be inserted;Amendmentof section 16.
Amendment
of section 17.
Amendment
of section 18.
Amendment
of section 23.2 of 1974.
(iii) in the long line, for the words “fifty rupees”, the words “two hundred
and fifty rupees” shall be substituted;
(b) after sub-section ( 1), the following sub-section shall be inserted, namely:—
“(1A) Whoever, being a person specified in clauses ( b), (c), (d), (da), (db),
(dc) and ( e) of sub-section ( 1) of section 8,—
(a) fails without reasonable cause to give any information which it
is his duty to give; or
(b) gives or causes to be given, for the purpose of being inserted in
any register of births and deaths, any information which he knows orbelieves to be false regarding any of the particulars required to be knownand registered; or
(c) refuses to write his name, description and place of abode or to
put his thumb mark or signature in the register as required under section 11,
shall be punishable with fine which may extend to one thousand rupees in
respect of each birth or death.”;
(c) in sub-section ( 2),—
(i) after the words “in his jurisdiction”, the words and figures “or to give
a certificate to the informant under section 12” shall be inserted;
(ii) for the words “fifty rupees”, the words “two hundred and fifty rupees”
shall be substituted;
(d) for sub-section ( 3), the following sub-section shall be substituted, namely:—
“(3) Any person who neglects or refuses to provide or issue a certificate
as required under sub-section ( 2) or sub-section ( 3) of section 10 or any person
neglects or refuses to deliver such certificate to the Registrar, shall be punishablewith fine which may extend to fifty rupees.”;
(e) in sub-section ( 4),—
(i) for the words “Any Person”, the words, brackets, figure and letter
“Any person except the person specified in sub-section ( 1A)” shall be
substituted;
(ii) for the words “ten rupees”, the words “two hundred and fifty rupees”
shall be substituted;
(f) after sub-section ( 4), the following sub-section shall be inserted, namely:—
“(4A) Any person specified in sub-section ( 1A)
, who, without reasonable
cause, contravenes any provision of this Act for the contravention of which nopenalty is provided for in this section, shall be punishable with fine which mayextend to one thousand rupees
in respect of each birth or death .”;
(g) in sub-section ( 5), for the words and figures “Code of Criminal
Procedure, 1898”, the words and figures “Code of Criminal Procedure, 1973” shall besubstituted.
16.In section 24 of the principal Act, in sub-section ( 1), for the position beginning
with the words “proceedings under this Act” and ending with the words “fifty rupees”, thefollowing shall be substituted, namely:—
“proceedings under this Act,—
(a) accept from the person, except the person specified in sub-section ( 1A)
of section 23, who has committed or is reasonably suspected of havingcommitted an offence under this Act, by way of composition of such offence asum of money not exceeding two hundred and fifty rupees;5 of 1898.2 of 1974.
Amendment
of section 24.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7
(b) accept from the person specified in sub-section ( 1A) of section 23,
who has committed or is reasonably suspected of having committed an offenceunder this Act, by way of composition of such offence a sum of money notexceeding one thousand rupees in respect of each birth or death.”.
17.After section 25 of the principal Act, the following section shall be inserted,
namely:––
“25A. ( 1) Any person aggrieved by any action or order of,—
(i) the Registrar, may prefer an appeal to the District Registrar; or
(ii) the District Registrar, may prefer an appeal to the Chief Registrar,
within a period of thirty days from the date of such action or receipt of such order, as
the case may be, in such form and manner as may be prescribed.
(2) The District Registrar or the Chief Registrar, as the case may be, shall decide
the appeal referred to in sub-section ( 1) within a period of ninety days from the date
of preferring of such appeal.”.
18.In section 30 of the principal Act, in sub-section ( 2),—
(i) for clauses ( d), (e) and ( f), the following clauses shall be substituted, namely:—
“(d) the form of certificate of the cause of death under sub-sections ( 2)
and ( 3) of section 10;
(e) the form and manner in which the certificate of birth or death may be
given under section 12;
(f) the authority which may grant permission for registration of a birth or
death and the form and manner of production of self-attested document undersub-section ( 2) of section 13;”;
(ii) after clause ( g), the following clauses shall be inserted, namely:—
“(ga) the form and manner in which the certificate of birth or death may be
obtained under clause ( b) of sub-section ( 1) of section 17;
(gb) the form and manner of preferring an appeal under sub-section ( 1) of
section 25A;”;
(iii) in clause ( i), for the word “extracts”, the word “certificates” shall be
substituted.Amendmentof section 30.Insertion of new
section 25A.
Appeal.
STATEMENT OF OBJECTS AND REASONS
The Registration of Births and Deaths Act, 1969 (18 of 1969) (the Act) was enacted
to provide for the regulation of registration of births and deaths and for matters
connected therewith.
2. The Act has not been amended so far since its inception. In order to keep pace
with the societal change and technological advancements during the period of its
operation and to make it more citizen friendly, there is a need to amend the Act. Based
on the consultations held with the State Governments, general public and other stakeholders, it is proposed to amend certain provisions of the Act in form of a Bill, namelythe Registration of Births and Deaths (Amendment) Bill, 2023.
3. The Registration of Births and Deaths (Amendment) Bill, 2023, inter alia ,
provides for the following, namely:—
(i) to insert provisions for digital registration and electronic delivery of
certificate of births and deaths for the benefit of public at large;
(ii) to create a National and State level database of registered births and
deaths which would help in updating other databases resulting in efficient andtransparent delivery of public services and social benefits;
(iii) to provide for use of the Birth Certificate as a single document to prove
the date and place of birth of a person born on or after the date of commencementof the Registration of Births and Deaths (Amendment) Act, 2023, for admission toan educational institution, issuance of a driving licence, preparation of a voterlist, registration of a marriage, appointment to a post in Central Government or
State Government or a local body or public sector undertaking or in any statutory
or autonomous body under the Central Government or State Government, issuanceof a passport, issuance of an Aadhaar number and any other purpose as may bedetermined by the Central Government in order to enhance the public convenienceand to avoid multiplicity of documents to prove date and place of birth in thecountry;
(iv) to change the ordering authority from Magistrate of the first class or
Presidency Magistrate to District Magistrate or Sub-Divisional Magistrate or anExecutive Magistrate authorised by the District Magistrate in the case of delayedinformation of any birth or death to the Registrar after one year of its occurrence
and submission of self-attested document instead of an affidavit made before a
Notary Public in the case of delayed information of any birth or death to theRegistrar after thirty days but within one year of its occurrence;
(v) to facilitate registration process of adopted, orphan, abandoned,
surrendered, surrogate child and child to a single parent or unwed mother;
(vi) to make it mandatory for all medical institutions to provide a certificate
as to the cause of death to the Registrar and a copy of the same to the nearestrelative;
(vii) to appoint Special "Sub-Registrars" in the event of disaster or epidemic
for speedy registration of deaths and issue of certificates;
(viii) to collect Aadhaar numbers of parents and informant, if available, in
case of birth registration;
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9
(ix) to address the grievances of general public aggrieved by any action or
order of the Registrar or District Registrar; and
(x) to enhance the penalties provided in the Act.
4. The Bill seeks to achieve the above objectives.
NEW DELHI; AMIT SHAH.
The 27th June, 2023.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 18 of the Registration of Births and Deaths (Amendment) Bill, 2023 relates to
amendment of section 30. The said section empowers the State Governments to make rulesin respect of certain matters mentioned in the Act. It is proposed to amend the said sectionempowering the State Governments to make rules in respect of the following matters also,namely:—
(i) the form of certificate of the cause of death under sub-sections ( 2) and ( 3) of
section 10;
(ii) the form and manner in which the certificate of birth or death may be given
under section 12;
(iii) the authority which may grant permission for registration of a birth or death
and the form and manner of production of self-attested document under sub-section ( 2)
of section 13;
(iv) the form and manner in which the certificate of birth or death may be obtained
under clause ( b) of sub-section ( 1) of section 17; and
(v) the form and manner of filing an appeal under sub-section ( 1) of section 25A.
2. The matters in respect of which rules may be made under the aforesaid provisions
are matters of detail and it is not practicable to provide them in the Bill itself. The delegationof legislative powers is, therefore, of a normal character.
FINANCIAL MEMORANDUM
The Registration of Births and Deaths (Amendment) Bill, 2023, if enacted would
not involve any expenditure either recurring or non-recurring from and out of theConsolidated fund of India.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11
BILL NO. 90 OF 2023
A Bill further to amend the Jammu and Kashmir Reservation Act, 2004.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Jammu and Kashmir Reservation (Amendment)
Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In the Jammu and Kashmir Reservation Act, 2004, in section 2,—
(i) in clause ( o),—
(A) for sub-clause ( iii), the following sub-clause shall be substituted,
namely:—
“(iii) other backward classes declared as such by the Government
from time to time:";
(B) in the first proviso, for the words "said category", the words "category
of socially and educationally backward classes" shall be substituted;
(ii) clause ( q) shall be omitted.Short title and
commencement.
Amendment
of section 2.Jammu and
Kashmir ActXIV of 2004.
STATEMENT OF OBJECTS AND REASONS
The Jammu and Kashmir Reservation Act, 2004 (Jammu and Kashmir Act XIV of
2004) herein referred to as 'the Reservation Act' was enacted to provide for reservationin appointment and admission in professional institutions for the members of theScheduled Castes, the Scheduled Tribes and other socially and educationally backwardclasses.
2. In terms of sub-section ( 2) of section 95 of the Jammu and Kashmir
Reor ganisation Act, 2019 (34 of 2019), the reservation in the Union territory of Jammu
and Kashmir continues to be governed by the Reservation Act. Currently, the Legislatureof the Union territory of Jammu and Kashmir is not in place. By a proclamation of thePresident under section 73 of the Jammu and Kashmir Reorganisation Act, 2019 datedthe 31st October, 2019, the powers of the Legislature of the Union territory of Jammuand Kashmir are exercisable by or under the authority of Parliament.
3. It is proposed to amend section 2 of the Reservation Act by the Jammu and
Kashmir Reservation (Amendment) Bill, 2023 so as to change the nomenclature of"weak and under privileged classes (social castes)" occurring in sub-clause ( iii) of
clause ( o), to "other backward classes" and to make consequential amendment in
clause ( q), of section 2 of the said Act. The above amendments have been proposed
on the recommendations of the Jammu and Kashmir Socially and Educationally BackwardClasses Commission (SEBCC), so as to remove the confusion amongst the generalpublic as well as the competent authorities issuing certificates to eligible personsdue to difference in such nomenclature. The proposed amendment will also enableimplementation of the Constitution (One Hundred and Fifth Amendment) Act, 2021, in
letter and spirit.
4. The Bill seeks to achieve the above objectives.
N
EW DELHI; AMIT SHAH.
The 11th July, 2023.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13
BILL NO. 100 OF 2023
A Bill further to amend the Jammu and Kashmir Reorganisation Act, 2019.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Jammu and Kashmir Reorganisation (Amendment)
Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.Short title andcommencement.
2. In the Jammu and Kashmir Reorganisation Act, 2019 (hereinafter referred to as the
principal Act), in section 14,—
(i) in sub-section ( 3), the following proviso shall be inserted, namely:—
'Provided that subject to the provisons of sub-section ( 1) of section 60, on
and from the date of commencement of the Jammu and Kashmir Reorganisation(Amendment) Act, 2023, the provisons of this sub-section shall have effect as if
for the figures "107", the figures "114" had been substituted.';
(ii) for sub-section ( 10), the following sub-section shall be substituted, namely:—
'(10) In the Second Schedule to the Representation of the People
Act, 1950, under the sub-heading "II. UNION TERRITORIES", against serial
number 3 relating to "Jammu and Kashmir", for the entries under columns 2 to 7,the following entries shall respectively be substituted, namely:—
1 2 34 567
"3. Jammu and Kashmir 90 7 9 90 7 9".'.
3. After section 15 of the principal Act, the following sections shall be inserted,
namely:—
'15A. Notwithstanding anything contained in sub-section ( 3) of section 14, the
Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate notmore than two members, one of whom shall be a woman, from the community ofKashmiri Migrants, to the Jammu and Kashmir Legislative Assembly.
Explanation.— For the purposes of this section, the term "Migrant" shall have
the same meaning as assigned to it in clause ( e) of section 2 of the Jammu and Kashmir
Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales)Act,1997.
15B. Notwithstanding anything contained in sub-section ( 3) of section 14, the
Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate onemember from displaced persons from Pakistan occupied Jammu and Kashmir to theJammu and Kashmir Legislative Assembly.
Explanation.— For the purposes of this section, the term "displaced person"
means any person, who, on account of the setting up of the dominions of India andPakistan, or on account of civil disturbances or fear of such disturbances in any areaof the then State of Jammu and Kashmir presently under occupation of Pakistan,during the years 1947-48, 1965 and 1971, had left or had been displaced due to suchdisturbances from his place of residence in such area and who has been subsequentlyresiding outside such area and also includes successors-in-interest of any such person.'.Amendmentof section 14.
Insertion of
new sections15A and 15B.
Nomination
of KashmiriMigrants.
Nomination
of displacedpersons.Jammu and
Kashmir ActXVI of 1997.34 of 2019.
43 of 1950.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15
STATEMENT OF OBJECTS AND REASONS
The Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) (the Act) was enacted
with a view to provide for the reorganisation of the State of Jammu and Kashmir and formatters connected therewith or incidental thereto.
2. At the time of the militancy in the erstwhile State of Jammu and Kashmir in the late
eighties, particularly in Kashmir (Division) in 1989-90, a large number of people migratedfrom their ancestral places of residence, in Kashmir province particularly the KashmiriHindus and Pandits alongwith few families belonging to Sikh and Muslim communities.Initially all the migrants were moved to Jammu. Later on, some migrants chose to go to otherparts of the country, namely Delhi, Bengaluru and Pune. As per the data available withGovernment of Jammu and Kashmir, there are currently forty-six thousand five hundred and
seventeen families having one lakh fifty-eight thousand nine hundred and seventy-sixpersons registered with the Relief Organisation of the Government of Jammu and Kashmirwho have got registered over a period of last three decades.
3. In the wake of the 1947 Pakistani aggression in Jammu and Kashmir, thirty-one
thousand seven hundred and seventy-nine families migrated from Pakistan occupied areasof Jammu and Kashmir to the erstwhile State of Jammu and Kashmir. Of these, twenty-sixthousand three hundred and nineteen families settled in the erstwhile State of Jammu andKashmir and remaining five thousand four hundred and sixty families moved out of theJammu and Kashmir to other parts of the country. Further, during the Indo-Pak wars of 1965and 1971, ten thousand and sixty-five more families were displaced from Chhamb Niabatarea. Of these, three thousand and five hundred families were displaced during the 1965 warand six thousand five hundred and sixty-five families were displaced during the 1971 war.As such, a total of forty-one thousand eight hundred and forty-four families were displacedduring 1947-48, 1965 and 1971 Indo-Pak wars.
4. The Delimitation Commission, while undertaking the delimitation process of
Assembly and Parliamentary Constituencies in the Union territory of Jammu and Kashmir,received many representations from the "Kashmiri Migrants" and also "Displaced Personsfrom Pakistan occupied Jammu and Kashmir" regarding reservation of seats in the LegislativeAssembly of the Union territory of Jammu and Kashmir to preserve their political rights andidentity.
5. The Delimitation Commission, after considering the matter in depth recommended
for representation of communities of "Kashmiri Migrants" and "Displaced Persons fromPakistan occupied Jammu and Kashmir" in the Legislative Assembly of the Union territoryof Jammu and Kashmir by way of nomination.
6. As per sub-section ( 4) of section 14 of the Act, twenty-four seats in the Legislative
Assembly of the Union territory of Jammu and Kashmir have been reserved for the peopleresiding in the area of the Union territory of Jammu and Kashmir under illegal occupation ofPakistan. The said seats shall remain vacant until the area under the occupation of Pakistanceases to be so occupied and the people residing in that area elect their representatives.
7. The representation of the "Kashmiri Migrants" and "Displaced Persons from
Pakistan occupied Jammu and Kashmir" in Legislative Assembly of the Union territory ofJammu and Kashmir shall be given on lines of section 15 of the Act, which provides for therepresentation of women.
8. Further, on completion of delimitation process, the Delimitation Commission has
published orders with regard to the delimitation of the Assembly and ParliamentaryConstituencies of the Union territory of Jammu and Kashmir. As per these orders, thenumber of seats in the Legislative Assembly of the Union territory of Jammu and Kashmirhas been increased from 107 to 114 with reservation of nine seats for Scheduled Tribes forthe first time. Thus, consequential amendments in sub-sections ( 3) and ( 10) of section 14
of the Act is required.
9. The Act is proposed to be amended with a view to provide representation to
"Kashmiri Migrants", "Displaced Persons from Pakistan occupied Jammu and Kashmir"and Scheduled Tribes in the Legislative Assembly of the Union territory of Jammu andKashmir so as to preserve their political rights as well as for their overall social and economicdevelopment.
10. The Jammu and Kashmir Reorganisation (Amendment) Bill, 2023 provides for the
following, namely:—
(i) to insert new sections 15A and 15B in the Act so as to nominate not more
than two Members, one of whom shall be a woman, from the community of "KashmiriMigrants" and one Member from "Displaced Persons from Pakistan occupied Jammuand Kashmir", to the Legislative Assembly of the Union territory of Jammu andKashmir; and
(ii) amendments to sub-sections ( 3) and ( 10) of section 14 of the Act which are
of consequential in view of completion of delimitation process in the Union territoryof Jammu and Kashmir.
11. The Bill seeks to achieve the above objectives.
N
EW DELHI; AMIT SHAH.
The 17th July, 2023.
————
FINANCIAL MEMORANDUM
The Bill, if enacted, would not involve any financial expenditure either recurring or
non-recurring from and out of the Consolidated Fund of India.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17
BILL NO. 18 OF 2023
A Bill further to amend the Constitution (Jammu and Kashmir) Scheduled Castes
Order, 1956.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. This Act may be called the Constitution (Jammu and Kashmir) Scheduled Castes
Order (Amendment) Act, 2023.
2. In the Schedule to the Constitution (Jammu and Kashmir) Scheduled Castes
Order, 1956, for entry 5, the following entry shall be substituted, namely:—
"5. Valmiki (in the Union territory of Jammu and Kashmir only), Chura, Bhangi,
Balmiki, Mehtar".Short title.
Amendment
ofConstitution(Jammu andKashmir)ScheduledCastes Order,1956.C.O. 52.
STATEMENT OF OBJECTS AND REASONS
Scheduled Castes have been defined in clause (24) of article 366 of the Constitution
as "such castes, races or tribes or parts of or groups within such castes, races or tribes asare deemed under article 341 to be Scheduled Castes for the purposes of this Constitution.".
2. Article 341 of the Constitution provide as under:—
"341. Scheduled Castes.—(1) The President may with respect to any State or
Union territory, and where it is a State, after consultation with the Governor thereof,by public notification, specify the castes, races or tribes or parts of or groups withincastes, races or tribes which shall for the purposes of this Constitution be deemed tobe Scheduled Castes in relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Castes
specified in a notification issued under clause (1) any caste, race or tribe or part of orgroup within any caste, race or tribe, but save as aforesaid a notification issued underthe said clause shall not be varied by any subsequent notification.".
3. According to the provisions of article 341 of the Constitution, a list of Scheduled
Castes of the Union territory of Jammu and Kashmir was first notified on 22.12.1956 throughthe Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956 and the said list waslast modified on 17.12.2002, vide, the Constitution (Scheduled Castes) Orders (Second
Amendment) Act, 2002 (61 of 2002). The Union territory of Jammu and Kashmir has
recommended for inclusion of Valmiki community as a synonym of Chura, Bhangi, Balmiki,Mehtar at Sl. No. 5 in the list of Scheduled Castes of Union territory of Jammu and Kashmir.
4. On the basis of the recommendation of the Union territory of Jammu and Kashmir,
it is proposed to modify the list of Scheduled Castes in respect of the Union territory ofJammu and Kashmir by amending the Constitution (Jammu and Kashmir) Scheduled CastesOrder, 1956.
5. The Constitution (Jammu and Kashmir) Scheduled Castes Order (Amendment)
Bill, 2023 proposes to amend the Schedule of the Constitution (Jammu and Kashmir)Scheduled Castes Order, 1956 for inclusion of Valmiki (in the Union territory of Jammu andKashmir only) in entry 5.
6. The Bill seeks to achieve the aforesaid objectives.
N
EW DELHI; DR. VIRENDRA KUMAR.
The 30th January, 2023.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19
FINANCIAL MEMORANDUM
The Bill seeks to include one synonymous community in the list of Scheduled Castes
for the Union territory of Jammu and Kashmir. This will entail some additional recurring andnon-recurring expenditure on account of benefits of schemes meant for development of theScheduled Castes to which the persons belonging to the newly added community will becomeentitled, as a result of this Bill.
2. It is not possible to estimate the likely expenditure to be incurred on this account at
this stage. However, the expenditure, if any, shall be accommodated within the approvedbudgetary outlay of the Government.
BILL NO. 92 OF 2023
A Bill further to amend the Constitution (Jammu and Kashmir) Scheduled Tribes
Order, 1989.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. This Act may be called the Constitution (Jammu and Kashmir) Scheduled Tribes
Order (Amendment) Act, 2023.
2. In the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989, for the
Schedule, the following Schedule shall be substituted, namely:—Short title.
C.O.142. Substitution of
Schedule toConstitution(Jammu andKashmir)ScheduledTribes Order,1989.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21
"THE SCHEDULE
PART I.—Union territory of Jammu and Kashmir
1. Bakarwal
2. Balti3. Beda
4. Bot, Boto
5. Brokpa, Drokpa, Dard, Shin6. Changpa
7. Gadda Brahmin
8. Gaddi9. Garra
10. Gujjar
11. Koli12. Mon
13. Paddari Tribe
14. Pahari Ethnic Group15. Purigpa
16. Sippi.
P
ART II.— Union territory of Ladakh
1. Bakarwal
2. Balti3. Beda
4. Bot, Boto
5. Brokpa, Drokpa, Dard, Shin6. Changpa
7. Gaddi
8. Garra9. Gujjar
10. Mon
11. Purigpa12. Sippi.".
STATEMENT OF OBJECTS AND REASONS
Scheduled Tribes have been defined in clause (25) of article 366 of the Constitution as
such tribes or tribal communities or parts of or groups within such tribes or tribal communitiesas are deemed under article 342 to be Scheduled Tribes for the purposes of the Constitution.
2. Article 342 of the Constitution provides as under:—
"342. Scheduled Tribes.—(1) The President may with respect to any State or
Union territory, and where it is a State, after consultation with the Governor thereof,by public notification, specify the tribes or tribal communities or parts of or groupswithin tribes or tribal communities which shall for the purposes of this Constitutionbe deemed to be Scheduled Tribes in relation to that State or Union territory, as thecase may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes
specified in a notification issued under clause (1) any tribe or tribal community or partof or group within any tribe or tribal community, but save as aforesaid a notificationissued under the said clause shall not be varied by any subsequent notification.".
3. In accordance with the said Constitutional provisions, the first list of Scheduled
Tribes in respect of the erstwhile State of Jammu and Kashmir was notified vide the
Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989. The said list of ScheduledTribes was amended vide the Constitution (Scheduled Tribes) Order (Amendment) Act, 1991.
By virtue of the provisions of the Jammu and Kashmir Reorganisation Act, 2019, the said listof Scheduled Tribes, presently applies to both the Union territory of Jammu and Kashmirand the Union territory of Ladakh.
4. The Administration of the Union territory of Jammu and Kashmir has requested to
include the communities of "Gadda Brahmin", "Koli", "Paddari Tribe" and "Pahari EthnicGroup" in the list of Scheduled Tribes in respect of the Union territory of Jammu andKashmir. On the basis of the recommendation of the Administration of the Union territory of
Jammu and Kashmir and after consultation with the Registrar General of India and theNational Commission for Scheduled Tribes, it is proposed to amend the Constitution (Jammuand Kashmir) Scheduled Tribes Order, 1989.
5. Accordingly, the Constitution (Jammu and Kashmir) Scheduled Tribes Order
(Amendment) Bill, 2023 proposes to amend the Constitution (Jammu and Kashmir) ScheduledTribes Order, 1989, to include the communities of "Gadda Brahmin", "Koli", "Paddari Tribe"and "Pahari Ethnic Group" in the list of Scheduled Tribes in respect of the Union territory ofJammu and Kashmir.
6. The Bill seeks to achieve the aforesaid objects.
N
EW DELHI; ARJUN MUNDA.
The 17th July , 2023.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23
FINANCIAL MEMORANDUM
The Bill seeks to amend the Constitution (Jammu and Kashmir) Scheduled Tribes
Order, 1989 to include the communities of "Gadda Brahmin", "Koli", "Paddari Tribe" and"Pahari Ethnic Group" in the list of Scheduled Tribes in respect of the Union territory ofJammu and Kashmir. The amendment in the list of Scheduled Tribes in respect of the Union
territory of Jammu and Kashmir may entail additional expenditure on account of benefits tobe provided to persons belonging to the said communities proposed in the Bill under thecontinuing schemes meant for the welfare of the Scheduled Tribes.
2. It is not possible to estimate the likely additional expenditure to be incurred on this
account at this stage. However, the expenditure, if any, will be accommodated within theapproved budgetary outlay of the Government.
Short title and
commencement.BILL NO. 101 OF 2023
A Bill further to amend the Mines and Minerals (Development and Regulation)
Act, 1957.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Mines and Minerals (Development and Regulation)
Amendment Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25
2. In section 3 of the Mines and Minerals (Development and Regulation) Act, 1957
(hereinafter referred to as the principal Act), in section 3,—
(i) after clause ( aa), the following clause shall be inserted, namely:—
'(aaa) "exploration licence" means a licence granted for undertaking
reconnaissance operations or prospecting operations or both in respect ofminerals specified in the Seventh Schedule;';
(ii) in clause ( ae), after the words "composite licence", the words ", exploration
licence" shall be inserted;
(iii) for clause ( ha), the following clause shall be substituted, namely:—
'(ha) "reconnaissance operations" means any operations undertaken for
preliminary prospecting of a mineral through regional, aerial, geophysical orgeochemical surveys and geological mapping, and include pitting, trenching,drilling and sub-surface excavation;'.
3. In section 4 of the principal Act, in sub-section ( 1), after the words "prospecting
licence", the words "or of a exploration licence" shall be inserted.
4. In section 4A of the principal Act,—
(i) for the marginal heading, the following marginal heading shall be substituted,
namely:—
"Termination of prospecting licences, exploration licences or mining
leases.";
(ii) in sub-section ( 1), for the words "prospecting licence", at both the places
where they occur, the words "prospecting licence or exploration licence" shall besubstituted;
(iii) in sub-section ( 3), after the words "prospecting licence", the words "or
exploration licence" shall be inserted.
5. In section 5 of the principal Act, for the marginal heading, the following marginal
heading shall be substituted, namely:—
"Restrictions on the grant of mineral concession.".
6. In section 6 of the principal Act,—
(a) for the marginal heading, the following marginal heading shall be substituted,
namely:—
"Maximum area for which mineral concession may be granted.";
(b) in sub-section ( 1),—
(i) after clause ( aa), the following clause shall be inserted, namely:—
"(ab) one or more exploration licences covering a total area of more
than five thousand square kilometres:
Provided that the area granted under a single exploration licence
shall not exceed one thousand square kilometers;";
(ii) in clause ( c), for the words "reconnaissance permit, mining lease or
prospecting licence", the words "mineral concession" shall be substituted.
7. In Chapter III of the principal Act, for Chapter heading, the following Chapter
heading shall be substituted, namely:—
"P
ROCEDURE FOR OBTAINING MINERAL CONCESSION IN RESPECT OF LAND IN WHICH THE
MINERALS VEST IN THE GOVERNMENT ".Amendment
of section 3.
Amendment
of section 4.
Amendment
of section 5.
Amendment
of section 6.
Substitution
of Chapterheading ofChapter III.67 of 1957.
Amendment
of section 4A.
8. In section 10 of the principal Act,—
(i) for the marginal heading, the following marginal heading shall be substituted,
namely:—
"Application for mineral concession.";
(ii) in sub-section ( 4), in clause ( a), for the words, figures and letters "sections
10B, 11, 11A or the rules made under section 11B", the words, figures and letters"sections 10B, 10BA, 11, 11A, 11B or 11D" shall be substituted.
9. After section 10B of the principal Act, the following section shall be inserted,
namely:—
"10BA. ( 1) The provisions of this section shall not apply to—
(a) the areas covered under section 17A;
(b) the minerals specified in Part A of the First Schedule;
(c) the minerals specified in Part B of the First Schedule where the grade of
atomic mineral is equal to or greater than such threshold value as may be notifiedby the Central Government from time to time;
(d) any land in respect of which the minerals do not vest in the Government.
(2) Notwithstanding anything contained in sections 10B and 11, an exploration
licence may be granted in any area by the State Government for the purpose ofundertaking reconnaissance or prospecting operations or both in respect of any mineralspecified in the Seventh Schedule.
(3) The Central Government may , by notification in the Official Gazette, and for
reasons to be recorded in writing, amend the Seventh Schedule so as to modify theentries therein with effect from such date as may be specified in the said notification.
(4) The State Government shall, after obtaining the previous approval of the
Central Government, and in such manner as may be prescribed by the CentralGovernment, notify the areas in which exploration licence shall be granted, subject tosuch terms and conditions as may be specified in the notification.
(5) The Central Government may require the State Government to notify the area
for grant of exploration licence within such period as may be fixed in consultation withthe State Government, and in case the State Government does not notify the areawithin such period, the Central Government may, after the expiry of the period so fixed,notify the area for grant of exploration licence.
(6) The State Government shall, for the purpose of granting exploration licence
through auction by method of competitive bidding, including e-auction, select anapplicant who fulfils the eligibility conditions as specified in this Act and grantexploration licence to such applicant.
(7) Where—
(a) the State Government has not successfully completed auction for the
grant of exploration licence; or
(b) after completion of auction, the exploration licence or letter of intent for
grant of exploration licence has been terminated or lapsed for any reasonwhatsoever,
the Central Government may require the State Government to conduct and complete
the auction or re-auction process, as the case may be, within such period as may befixed in consultation with the State Government, and in cases where such auction orre-auction process is not completed within such period, the Central Government may,after the expiry of the period so fixed, conduct auction for the grant of explorationlicence for such area:Amendmentof section 10.
Insertion of
new section10BA.
Grant of
explorationlicence formineralsspecified inSeventhSchedulethroughauction.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27
Provided that upon successful completion of the auction, the Central Government
shall intimate the details of the preferred bidder in the auction to the State Governmentand the State Government shall grant exploration licence for such area to such preferredbidder in such manner as may be prescribed by the Central Government.
(8) The holder of exploration licence shall be entitled to a share of applicable
amount quoted in the auction of mining leases payable by the lessee to the StateGovernment in respect of the area granted in mining lease pursuant to the prospectingoperations undertaken by the holder of such exploration licence:
Provided that the share in applicable amount payable to the holder of exploration
licence by the lessee of such area shall be allowed only in respect of the mineralsspecified in the Seventh Schedule.
(9) The Central Government shall by rules provide for the manner of conducting
auction for grant of exploration licence, including its terms and conditions, the biddingparameters for selection, share payable to the holder of exploration licence from out ofthe applicable amount quoted in auction of mining leases payable by the lessee ofsuch area, the period for such payment and such other conditions as may be necessary.
(10) Notwithstanding anything contained in section 7,—
(a) the exploration licence shall be granted for a period of five years from
the date of execution of the exploration licence;
(b) if, after three years from the date of execution of exploration licence,
but before the date of its expiry, the holder of the exploration licence makes anapplication for the extension of the period of that licence, the State Governmentmay, on being satisfied that within the period of five years, it shall not be possiblefor the holder of such licence to complete the reconnaissance or prospectingoperations for reasons beyond his control, extend the said period to a furtherperiod not exceeding two years.
(11) After three years from the date of execution of the exploration licence, the
holder of such licence may retain an area not exceeding twenty-five per cent. of thetotal area covered under that licence for the purpose of continuing reconnaissance orprospecting operations and shall surrender the remaining area after submitting a reportto the State Government stating the reasons for retention of the area proposed to beretained by him and the boundaries of that area.
(12) The holder of the exploration licence shall, within three months of the
completion of the operations for which licence has been granted, or of the date ofexpiry of the exploration licence, whichever is earlier, submit a geological report to theState Government explaining the result of the reconnaissance and prospectingoperations, in such manner as may be prescribed.
(13) If the holder of the exploration licence fails to complete the reconnaissance
and prospecting operations before expiry of the exploration licence, or fails to submitthe geological report within the period specified in sub-section ( 12), the State
Government may take such action as it deems fit, including imposition of penalty.
(14) Within six months from the date of receipt of the geological report from the
holder of the exploration licence, the Central Government or the State Governmentshall initiate the auction process for grant of one or more separate mining leases undersection 10B or section 11 or section 11D, as the case may be, in respect of the areawhere existence of mineral content is established and shall select the preferred bidderfor grant of such mining leases within one year from the date of receipt of the geologicalreport:
Provided that in case the preferred bidder is not selected within the period so
specified, the State Government shall pay to the person who was the holder of explorationlicence such amount, and in such manner, as may be prescribed.".
10. After section 11C, the following section shall be inserted, namely:—
"11D. ( 1) Notwithstanding anything contained in this Act, the Central Government
shall, for the purpose of granting mining lease or composite licence in any area inrespect of any mineral specified in the Part D of the First Schedule, select, throughauction by method of competitive bidding, including e-auction, a preferred bidder whofulfils the eligibility conditions as specified in section 5, on such terms and conditions,and in such manner, as may be prescribed.
(2) Upon successful completion of the auction, the Central Government shall
intimate the details of the preferred bidder in the auction to the State Government andthe State Government shall grant mining lease or composite licence for such area, tosuch preferred bidder, in such manner, as may be prescribed by the Central Government.
(3) The royalty, dead rent, applicable amount quoted in the auction and any
other statutory payment in relation to the mining lease or composite licence auctionedby the Central Government shall accrue to the State Government or concernedauthorities, as the case may be, as if the auction has been conducted by the StateGovernment.".
11. In section 12 of the principal Act,—
(a) for the marginal heading, the following marginal heading shall be substituted,
namely:—
"Registers of mineral concession.";
(b) in sub-section ( 1),—
(i) in clause ( e), the word "and" shall be omitted;
(ii) after clause ( f), the following clauses shall be inserted, namely:—
"(g) a register of applications for exploration licences; and
(h) a register of exploration licences,".
12. In section 12A of the principal Act,—
(i) after the words "composite licence", wherever they occur, the words "or
exploration licence" shall be inserted;
(ii) in sub-section ( 4), in the proviso, for the words "or of a composite licence",
the words "or composite licence" shall be substituted.
13. In Chapter IV of the principal Act, for Chapter heading, the following Chapter
heading shall be substituted, namely:—
"R
ULES FOR REGULA TING THE GRANT OF MINERAL CONCESSIONS ".
14. In section 13 of the principal Act, in sub-section ( 2),—
(i) clause ( ac) shall be omitted;
(ii) in clause ( qqg), for the words, figures and letters "mining lease or composite
licence under section 10B, 11, 11A, 11B", the words, figures and letters "mineralconcession under section 10B, 10BA, 11, 11A, 11B, 11D" shall be substituted;
(iii) after clause ( v), the following clauses shall be inserted, namely:—
"(va) the manner of notifying the areas for grant of exploration licence
under sub-section ( 4) of section 10BA;
(vb) the manner of granting exploration licence to the preferred bidder
under the proviso to sub-section ( 7) of section 10BA;Insertion of
new section11D.
Central
Governmentto conductauction forgrant ofmining leaseor compositelicence inrespect ofmineralsspecified inPart D ofFirstSchedule.
Amendment
of section 12.
Amendment
of section12A.
Substitution
of Chapterheading ofChapter IV.
Amendment
of section 13.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29
(vc) the manner of conducting auction for grant of exploration licence, the
terms and conditions thereof, the bidding parameters for selection, the sharepayable to the holder, the period for payment and other conditions undersub-section ( 9) of section 10BA;
(vd) the manner of submitting geological report under sub-section ( 12) of
section 10BA;
(ve) the amount to be paid and the manner of payment under the proviso
to sub-section ( 14) of section 10BA;";
(iv) after clause ( x), the following clauses shall be inserted, namely:—
"(xa) the terms and conditions and the manner of selecting a preferred
bidder under sub-section ( 1) of section 11D;
(xb) the manner of granting a mining lease or composite licence to a
preferred bidder under sub-section ( 2) of section 11D;".
15. In section 17A of the principal Act, in sub-sections ( 1), (1A) and ( 2), after the words
"prospecting licence", the words "or exploration licence" shall be inserted.
16. In section 18A of the principal Act, in sub-section ( 1), after the words "prospecting
licence", at both the places where they occur, the words "or exploration licence" shall beinserted.
17. In section 19 of the principal Act, for the marginal heading, the following marginal
heading shall be substituted, namely:—
"Mineral concession to be void if in contravention of Act.".
18. In section 21 of the principal Act, in the Explanation , after the words "composite
licence", the words ", exploration licence" shall be inserted.
19. In section 24A of the principal Act, for the marginal heading, the following marginal
heading shall be substituted, namely:—
"Rights and liabilities of a holder of mineral concession.".
20. In the principal Act, in the First Schedule,—
(i) after the figures and letter “11C”, the figures and letter “11D” shall be inserted;
(ii) for Part B, the following Part shall be substituted, namely:—
"P ART B
Atomic minerals
1. Minerals of the "rare earths" group containing Uranium and Thorium.
2. Phosphorites and other phosphatic ores containing Uranium.
3. Pitchblende and other Uranium ores.
4. Uraniferous allanite, monazite and other thorium minerals.
5. Uranium bearing tailings left over from ores after extraction of copper
and gold, ilmenite and other titanium ores.
6. Beach sand minerals, that is, economic heavy minerals found in the teri
or beach sands, which include ilmenite, rutile, leucoxene, garnet,monazite, zircon and sillimanite.";Amendmentof section17A.
Amendment
of section18A.
Amendment
of section 19.
Amendment
of section 21.
Amendment
of section24A.
Amendment
of FirstSchedule.
(iii) after Part C, the following Part shall be inserted, namely:—
"P ART D
Critical and Strategic Minerals
1. Beryl and other beryllium bearing minerals.2. Cadmium bearing minerals.3. Cobalt bearing minerals.4. Gallium bearing minerals.5. Glauconite.6. Graphite.7. Indium bearing minerals.8. Lithium bearing minerals.9. Molybdenum bearing minerals.
10. Nickel bearing minerals.11. Niobium bearing minerals.12. Phosphate (without uranium).13. Platinum group of elements bearing minerals.14. Potash.15. Minerals of the "rare earths" group not containing Uranium and Thorium.
16. Rhenium bearing minerals.
17. Selenium bearing minerals.18. Tantalum bearing minerals.19. Tellurium bearing minerals.20. Tin bearing minerals.21. Titanium bearing minerals and ores (ilmenite, rutile and leucoxene).22. Tungsten bearing minerals.23. Vanadium bearing minerals.24. Zirconium bearing minerals and ores including zircon.".
21. In the principal Act, after Sixth Schedule, the following shall be inserted, namely:—
"THE SEVENTH SCHEDULE
[ See sections 3 ( aaa), 10BA( 2) and 10BA( 3)]
Minerals
1. Apatite.2. Beryl and other beryllium bearing minerals.3. Cadmium bearing minerals.4. Cobalt bearing minerals.5. Copper bearing minerals.
Insertion of
new SeventhSchedule.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31
6. Diamond.
7. Gold.8. Graphite.9. Indium bearing minerals.10. Lead bearing minerals.11. Lithium bearing minerals.12. Molybdenum bearing minerals.13. Niobium bearing minerals.14. Nickel bearing minerals.15. Potash.16. Platinum group of elements bearing minerals.17. Minerals of 'rare earths' group.18. Rhenium bearing minerals.19. Rock Phosphate.20. Selenium.21. Silver.22. Tantalum bearing minerals.23. Tellurium bearing minerals.24. Tin bearing minerals.25. Titanium bearing minerals and ores (ilmenite, rutile and leucoxene).26. Tungsten bearing minerals.27. V anadium bearing minerals.28. Zinc bearing minerals.29. Zirconium bearing minerals and ores including zircon.".
STATEMENT OF OBJECTS AND REASONS
The Mines and Minerals (Development and Regulation) Act, 1957 was enacted to
provide for the development and regulation of mines and minerals under the control of theUnion.
2. The Act was comprehensively amended in 2015 to bring several reforms in the
mineral sector, notably, mandating method of auction for grant of mineral concessions tobring transparency in allocation of mineral resources, for establishing District MineralFoundation for the welfare of the people and areas affected by mining and for establishingNational Mineral Exploration Trust to give thrust to exploration and for ensuring stringentpenalty for illegal mining. The Act was further amended in 2016 and 2020 to address specificemer gent issues and was last amended in 2021 to bring further reforms in the sector, such as,
removing the distinction between captive and merchant mines, transfer of statutory clearancesto ensure continuity in mining operations even with change of lessee, removing therestrictions on transfer of mineral concessions, lapsing of rights of non-auctioned concessionholders which have not resulted in mining leases to ensure that concessions to privatesector are only granted through auction, etc.
3. However, the mineral sector requires certain more reforms particularly for increasing
exploration and mining of critical minerals that are essential for economic development andnational security in the country. The lack of availability of the critical minerals or concentrationof their extraction or processing in a few geographical locations may lead to supply chainvulnerabilities and even disruption of supplies. The future global economy will be underpinnedby technologies that depend on minerals such as lithium, graphite, cobalt, titanium, and rareearth elements. Critical minerals have gained significance in view of India's commitmenttowards energy transition and achieving net-zero emission by 2070.
4. Therefore, it is proposed to further amend the said Act by enacting the Mines and
Minerals (Development and Regulation) Amendment Bill, 2023. One of the major reformsproposed in the Bill is to introduce exploration licence for deep-seated and critical minerals.The exploration licence granted through auction shall permit the licencee to undertakereconnaissance and prospecting operations for critical and deep-seated minerals mentionedin the newly proposed the Seventh Schedule to the Act. The blocks explored by the explorationlicence holder would be auctioned for mining lease within the prescribed timeline, which willfetch better revenue to the State Governments. The exploration agency shall be entitled to ashare in the auction premium payable by the mining lease holder. Deep-seated minerals, suchas gold, silver, copper, zinc, lead, nickel, cobalt, platinum group of minerals, diamonds, etc.are difficult and expensive to explore and mine as compared to surfacial or bulk minerals andthus share of deep-seated minerals in total mineral production is meager at present. Thecountry is mostly dependent on imports of these minerals. The proposed exploration licencewould facilitate, encourage and incentivise private sector participation in all spheres ofmineral exploration for critical and deep-seated minerals.
5. Further, from the list of 12 atomic minerals specified in Part-B of the First Schedule
to the Act, it is proposed to omit 6 minerals, namely, ( i) Beryl and other beryllium-bearing
minerals ( ii) Lithium-bearing minerals, ( iii) Niobium-bearing minerals, ( iv) Titanium bearing
minerals and ores, ( v) Tantallium-bearing minerals and ( vi) Zirconium-bearing minerals and
ores. These minerals have various applications in space industry, electronics, communications,energy sector, electric batteries and are critical in net-zero emission commitment of India. Dueto their inclusion in the list of atomic minerals, their mining and exploration is reserved forgovernment entities. Upon removal of these minerals from the said list, exploration andmining of these minerals will be opened up for the private sector as well. As a result, explorationand mining of these minerals is expected to increase significantly in the country.
6. It is also proposed to empower Central Government to exclusively auction mining
lease and composite licence for certain critical minerals listed in new Part-D of the
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33
First Schedule to the said Act. As these critical minerals are indispensable for the growth of
our economy, authorising the Central Government to auction concession for these criticalminerals would increase the pace of auction and early production of the minerals. Even incase of conduct of auction by the Central Government, the mineral concession shall begranted to the selected bidders by the State Government only and the auction premium andother statutory payments shall accrue to the State Government.
7. The Bill seeks to achieve the above objectives.
PRALHAD JOSHI.
N
EW DELHI;
The 19th July, 2023.
————
FINANCIAL MEMORANDUM
The Bill seeks to amend the Mines and Mineral (Development and Regulation)
Act, 1957 to increase exploration and mining of critical and deep-seated minerals in thecountry and to put the nation's mineral resources to the best use for national economicgrowth. The Bill, if enacted, is not likely to involve any recurring or non-recurring expenditure.
————
MEMORANDUM REGARDING DELEGATED LEGISLA TION
Clause 9 of the Bill seeks to insert a new section 10BA in the Mines and Minerals
(Development and Regulation) Act, 1957. Sub-section ( 3) of the said section empowers the
Central Government to amend, by notification in the Official Gazette and for reasons to berecorded in writing, the Seventh Schedule which specifies the minerals for which an explorationlicence may be granted.
2. Clause 14 of the Bill seeks to amend sub-section ( 2) of section 13 of the said Act to
empower the Central Government to make rules to provide for - ( i) the manner of notifying the
areas for grant of exploration licence; ( ii) the manner of granting exploration licence to the
preferred bidder; ( iii) the manner of conducting auction for grant of exploration licence, the
terms and conditions thereof, the bidding parameters for selection, the share payable to theholder and the period for payment and other conditions; ( iv) the manner of submitting
geological report; ( v) the amount to be paid and the manner of payment; ( vi) the terms and
conditions and the manner of selecting a preferred bidder; and ( vii) the manner of granting a
mining lease or composite licence to a preferred bidder.
3. The matters in respect of which rules may be made and notification issued are
matters of procedure and administrative detail and it is not practicable to provide for them inthe proposed legislation itself. The delegation of legislative power is, therefore, of a normalcharacter.
THE FIRST SCHEDULE
[See sections 4( 3), 5(1), 7(2) and 8( 1), 8A( 1), 10A, 10B( 1), 10C( 1), 11( 1), 11B, 11C, 12A( 1),
and 17A( 2A)
SPECIFIED MINERALS
* * * * *
P ART B
Atomic minerals
1. Beryl and other beryllium-bearing minerals.
2. Lithium-bearing minerals.3. Minerals of the "rare earths" group containing Uranium and Thorium.4. Niobium-bearing minerals.
5. Phosphorites and other phosphatic ores containing Uranium. 6. Pitchblende and other Uranium ores.
7. Titanium bearing minerals and ores (ilmenite, rutile and leucoxene).
8. Tantallium-bearing minerals. 9. Uraniferousallanite, monazite and other thorium minerals.
10. Uranium bearing tailings left over from ores after extraction of copper and gold,
ilmenite and other titanium ores.
11. Zirconium-bearing minerals and ores including Zircon.12. Beach sand minerals, that is, economic heavy minerals found in the teri or beach
sands, which include ilmenite, rutile, leucoxene, garnet, monazite, zircon andsillimanite.
————
UTPAL KUMAR SINGH,
Secretary General.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—168GI(S3)—26-07-2023.34 THE GAZETTE OF INDIA EXTRAORDINARY [P ART II—S EC. 2]
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