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REGISTERED NO. DL—(N)04/0007/2003—25
The Gazette of India
EXTRAORDINARY
PART II — Section 2
PUBLISHED BY AUTHORITY
No. 20] NEW DELHI, FRIDAY, DECEMBER 5, 2025/AGRAHAYANA 14, 1947 (SAKA)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABHA
————
The following Bills were introduced in Lok Sabha on 5th August, 2025:—
BILL NO. 54 OF 2025
A Bill further to amend the Right of Children to Free and Compulsory Education
Act, 2009.
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 Right of Children to Free and Compulsory Education
(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.
2. In section 2 of the Right of Children to Free and Compulsory Education Act, 2009
(hereinafter referred to as the principal Act),—
Amendment of section 2.
35 of 2009.
(a) after clause (i), the following clause shall be inserted, namely:—
“(ia) “National Right to Education Fund” means the National Right to Education
Fund established under section 34A.”.
CG-DL-E-28012026-269624
(b) after clause (q), the following clause shall be inserted, namely:—
“(qa) “State Right to Education Fund” means the State Right to
Education Fund established under section 34B.”.
(c) after clause (n), the following clause shall be inserted, namely:—
“(na) “non-compliant school” means school who fails to abide by the
provisions of clause (c) of sub-section (1) of section 12.”
3. In section 12 of the principal Act—
Amendment of
section 12.
(a) in sub section (1), in clause (c), for the words, “at least twenty-five per
cent.”, the words “minimum twenty-five per cent.”, shall be substituted.
(b) aftersub-section (2), the following sub-section shall be inserted, namely:
“(2A) Every school shall prepare and submit an annual compliance
report,—
(a) in case of each school under State Government with the
District Collector within whose territorial jurisdiction it fall before the
completion of an Academic Year, after which the said District Collector
shall forward the said report to the respective Ministry of the State
Government concerned who shall compile an annual report and then
forward the same to the Union Ministry of Education on an annual
basis; and
(b) in case of each school under the Central Government to the
Union Ministry of Education before the completion of an Academic
year who shall then submit a compilation of the same to the Union
Ministry of Education which shall be laid along with a compilation
of the reports as submitted by respective State Governments under
clause (a) of sub-section (2A).
(2B) If any school fails to abide by provisions of clause (c) of
sub-section (1) of section 12, the name of the school shall be mentioned to
a public list of ‘non-compliant schools’ and then:
(a) in the first instance, the said school shall pay a penalty of ten
times the admission fees for an academic year of the total number of
prospective students who would have been given admission in order to
fulfil the directives under clause (c) of sub-section (1) of section 12 and
deposited as under:
(i) in case of the school being recognised by the State
Education department to the respective State Right to Education
Fund established under section 34B; and
(ii) in case of the school being under Central or any other
authority, to the National Right to Education Fund established
under section 34A;
(b) at the second instance, the said school shall pay a penalty of
twenty times the admission fees for an academic year of the total
number of prospective students who would have been given admission
in order to fulfil the directives and deposited in a manner mentioned
under sub-clauses (i) or (ii) of clause (a) of section 12B.
(c) in case offurther non-compliance, such schoolsshall be reviewed
by recognised authorities under the Act and shall be de-recognised for
continued non-compliance provisions of Section of clause (c) of sub section (1) of section 12.”.
4. After Chapter V of the principal Act, the following Chapter and sections
thereunder shall be inserted, namely:
“Chapter VA
Establishment, Management and Utilisation of National and State Right to
Education Fund
Insertion of
new Chapter
VA.
Establishment
of National
Right to
Education
Fund.
34A. (1) The Central Government shall, by notification in the official
Gazette, constitute a Fund, hereinafter referred to as the National Right to
Education Fund to whom shall be credited,—
(a) amounts as collected from schools under sub-section (ii) of clause
(a) and sub-section (ii) of sub-section (2B) of section 12;
(b) any income from investment from the amount credited in the
National Right to Education Fund; and
(c) any other such amount, donations, transfers as mandated under the
Act or otherwise credited to the National Right to Education Fund.
(2) The NationalRight to Education Fund shall be monitored by an authority,
hereinafter referred to as the National Right to Education Fund Monitoring
Authority consisting of the following, namely:
(a) Union Minister for Education, ex officio – Chairperson;
(b) Union Minister of State for Social Justice and Empowerment,
ex officio - Deputy Chairperson;
(c) Union Minister of State for Tribal Affairs, ex officio - Deputy
Chairperson;
(d) Secretary, Department of School Education and Literacy under
Ministry of Education- Ex-officio Convenor;
(e) Chairperson, National Commission for Scheduled Tribes-ex-officio
Member;
(f) Chairperson, National Commission for Scheduled Castes-ex-officio
Member;
(g) Chairperson, National Commission for Protection of Child Rights ex-officio Member;
(h) Economic Advisor, Department of Education and Literacy ex-officio Member;
(i) five Members of Parliament of the House of the People belonging
to the Scheduled Castes or the Scheduled Tribes community appointed for
a period of two years to be nominated by the Speaker, House of the People,
as per the procedure established;
(j) five expertsin the field of education, child rights and literacy to be
appointed by the Central Government for a term of five years-Members.
(3) The members of the National Right to Education Fund Monitoring
Authority shall face disqualification on the following grounds,—
(a) has been convicted and sentenced to imprisonment by a competent
court; or
(b) is of moral turpitude; or
(c) is an undischarged insolvent; or
(d) is of unsound mind so declared by the competent court;
(e) has, in the opinion of the Central Government, such financial or
other interest in the National Authority or any State Authority as is likely to
affect the duties discharged by him of his function as a member.
(4) The salary and allowance payable to and other terms and condition of
service of members appointed under clause (j) of sub-section 2 shall be such as
may be prescribed.
(5) The functions of the National Right to Education Fund Monitoring
Authority shall be such as may be prescribed.
34B. (1) Every State Government shall, by notification in the official
Gazette, constitute a fund, to as the (Name of State) Right to Education
Fund to which shall be credited to this Fund,—
Establishment
of State Right
to Education
Fund.
(a) amounts as collected from schools under sub-clause (i) of
clause (a) and sub-section (i) of clause (b) ofsub-section (2B) ofsection 12;
(b) any income from investment from the amount credited in the
State Right to Education Fund;
(c) any other such monies, amount, donations, transfers as
mandated under theAct or otherwise credited to the Fund by recognised
authorities under the Act.
(2) The State Right to Education Fund shall be monitored by an authority,
hereinafter referred to as the State Right to Education Fund Monitoring
Authority consisting of the following individuals, namely:
(a) State Minister for Education- ex officio – Chairperson;
(b) State Minister for SocialJustice and Empowerment or its equivalent ex officio - Co- Chairperson;
(c) State Minister for Tribal Affairs or equivalent- ex officio – Co
Chairperson;
(d) Secretary, State Department of School Education and Literacy ex-officio Convenor;
(e) Chairperson, State Commission for Scheduled Castes and Scheduled
Tribes- Ex-officio Member;
(f) Chairperson, State Commission for Protection of Child Rights ex-officio Member;
(g) Economic Advisor, State Department of Education and Literacy ex-officio Member;
(h) five members of Legislative Assembly, three from the Scheduled
Castes and two from Scheduled Tribes appointed for a period of two years,
nominated by the concerned Speaker of the Assembly concerned-as per
established procedure;
(i) five experts in the field of education, child rights and literacy
appointed by the State Government for a term of five years as Members.
(3) Themembers ofthe above specifiedCommittee shallface disqualification
on the following grounds:
(a) has been convicted and sentenced to imprisonment by a competent
court; or
(b) is of moral turpitude; or
(c) is an undischarged insolvent; or
(d) is of unsound mind so declared by the competent court;
(e) has, in the opinion of the State Government, such financial or other
interest in the concerned State Welfare and Education as is likely to affect
the duties discharged by him of his function as a member.
(4) The salary and allowance payable to and other terms and condition of
service of members appointed under clause (i) of sub-section 2 shall be such as
may be prescribed.
(5) The functions of the State Right to Education Fund MonitoringAuthority
shall be such as may be prescribed.
34C. (1) Allsums credited to the National Right to Education Fund and State
Right to Education shall be utilised by the National Right to Education Fund
Monitoring Authority and the State Right to Education Monitoring respectively
for the following four purposes:
Disbursement
and Utilisation
of National
RTE Fund and
State RTE.
(a) school infrastructure including hygienic washrooms particularly
for female students and staff, ramps and other such provisions for disabled
students and potable water filters;
(b) teacher training to carry out and provide teacher training programs
for the benefit of teachers across schools in India and provide for their
continuous development for the benefit of teachers;
(c) development of scientific temperament amongst students to provide
students of all age groups access to literature, equipment and laboratories to
develop scientific temperament and thought; and
(d) scholarships, sports and training equipment to provide students with
sports and training infrastructure along with educational/artistic and sports oriented scholarships for supporting their all-round development.
34D. The Central Government and respective State Governments shall
prepare and maintain proper accounts of all transportation and other relevant
records in relation to the National RTE Fund and the State RTE 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.”.
Accounting
and Audit of
the National
RTE Fund
and State RTE
Fund.
STATEMENT OF OBJECTS AND REASONS
The Right of Children to Free and Compulsory Education Act, 2009 represents
a pivotal step towards guaranteeing the fundamental right of every child to free and
compulsory education. This landmark legislation mandates, the provision of high
quality education to all children within the age bracket of six to fourteen years.
While the existing Act was introduced to give access to the schooling system to
all children as a fundamental right, such access is largely available in government
schools, even in rural areas, section 12 (1) (c) goes as step further to give access to
quality education that is available in unaided school.
However, this provision in the Act was grossly and comprehensively not
complied with. Therefore, there is an imperative need to address the same and hence
this Bill has been proposed to bring the tenements of the original legislation to
fruition.
The proposed Bill not only provides for stringent action against schools at fault
for not implementing section 12 (1) (c) of the RTE Act, it also intends to introduce
a fund at the national and State level to increase financial support towards India’s
education sector and the National and State Right to Education Fund are primarily
concerned with the development of schools, teacher training programs, developing
a scientific temperament and thought amongst the future generations and potential
scholarships along with sports infrastructure for their all round development.
The Right to Education Act, while providing access to education to millions, is
also empowering them to participate in nation building. To fully harnessits potential,
it is imperative to strengthen its implementation through rigorous enforcement,
enhanced awareness, and active community participation. By adopting these
measures, we can ensure that every child in India has the opportunity to receive a
high-quality education.
Hence this Bill.
New Delhi; KRISHNA PRASAD TENNETI
January 20, 2025
FINANCIAL MEMORANDUM
Clause 4 of the Bill vide proposed section 34A provides for constitution of
National Right to Education Fund by the Central Government. It also provides for
establishment of National Right to Education Fund Monitoring Authority by the
Central Government. The Bill, therefore, if enacted, will involve expenditure from
the Consolidated Fund of India. It is estimated that a sum of rupees one hundred
crore will be involved as recurring expenditure per annum.
No non-recurring expenditure is likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 13 of the Bill empowers the Central Government to make rules for
carrying out the purposes of this Bill. As the rules will relate to matters of detail
only, the delegation of legislative power is of a normal character.
Bill No. 156 of 2025
A Bill further to amend the Constitution
of India.
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 Constitution (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.
2. After article 21A of the Constitution, the following article shall be inserted,
namely:–
“21B. The State shall secure the right to safer roads to all citizens by
adopting and enforcing comprehensive measures including emergency
medical and trauma facilities for road safety and prevents road traffic
injuries and fatalities in such manner as the State may by law, determine.”.
Insertion of new
article 21B.
Right to safer
roads.
STATEMENT OF OBJECTS AND REASONS
Road safety and fatalities resulting from it is a critical public concern in India,
with the nation experiencing an alarming rate of road crashes and fatalities that far
exceed many other public health crises. With over 1.68 lakh lives lost annually from
road crashes, this poses a significant threat to the right to life and personal liberty, as
guaranteed under Article 21 of the Indian Constitution. India has pledged to achieve
SDG 3.6, that is, to reduce road crashes and deaths by 50 per cent by 2030. This
singular issue of unsafe roads takes more lives than HIV and Malaria combined in
India.
Further, the 2022 Road Accidents in India Report reveal that approximately
45% of the accidental deaths in the country, amounting to 36.5 lakh people, died
without receiving any medical attention, this is a stark reminder of the urgent need to
address the deficiencies in our current healthcare infrastructure. The 2021 report of
NITI Aayog and AIIMS found that 30% mortalities were due to delayed emergency
care, 98.5% of ambulance runs were made only transporting dead bodies, 90% of
ambulances were functioning without any equipment/oxygen, 95% of ambulances
had untrained personnel and most ED doctors had no formal training in EMS.
The judiciary has repeatedly underscored the criticality of road safety and
trauma care. In Ratan Singh vs. State of Punjab (1980 AIR 84), the Supreme Court
called Indian roads “death traps” and emphasized on the need for stringent road
safety measures. In MC Mehta vs. Union of India (13029 of 1985), the Court noted
road safety as the fundamental right to life under Article 21, emphasizing that public
safety measures should override individual rights when necessary. Similarly, on
its own motion vs. State of NCT of Delhi [WP (CRL) 878/2007] the Delhi High
Court took proactive steps to phase out dangerous Blue Line buses highlighting the
precedence of the right to life (Article 21) over the right to conduct business [Article
19(1)(g)], emphasizing that public safety and the right to life are paramount. In
Pt. Parmanand Katara vs. Union of India (1989) and Paschim Banga Khet Mazdoor
Samity & others vs. State of West Bengal & Another, the court has interpreted
emergency medical care as a right under Article 21.
Despite these judicial pronouncements, the enforcement of road safety measures
and development of a comprehensive trauma care framework remains inconsistent,
and existing laws have not adequately curbed the growing menace. The courts have
also emphasized that legislative and policy measures are imperative to address the
systemic issues effectively. Therefore, the proposed bill seeks to recognize the Right
to Safer Roads and Right to Trauma Care as a fundamental right for every citizen
of India. Establishing this right will mandate that road safety is given paramount
importance, not merely as a matter of policy but as an enforceable constitutional
guarantee.
Hence this Bill.
New Delhi; KRISHNA PRASAD TENNETI
January 3, 2025.
FINANCIAL MEMORANDUM
Clause 2 of the Bill vide proposed article 21B provides for right to safer roads to
all citizens by adopting and enforcing comprehensive measures that guarantee road
safety and prevent road traffic injuries and fatalities. The Bill, if enacted, would
involve expenditure from the Consolidated Fund of India. It is likely to involve
a recurring expenditure of about rupees fifteen thousand five hundred crore per
annum.
A non-recurring expenditure of about rupees one lakh twenty thousand crore is
also likely to be involved.
Bill No. 167 of 2025
A Bill further to amend the Constitution of India.
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 Constitution (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.
2. In article 243G of the Constitution for the words, “economic development
and social justice”, the words, “economic development, spatial planning and social
justice”, shall be substituted.
Amendment of
article 243G.
3. In the Eleventh Schedule to the Constitution,—
Amendment
of the
Eleventh
Schedule.
(a) in entry (2), for the words, “and soil conservation”, the words, “soil
conservation, regulation of land use and construction of buildings”, shall be
substituted;
(b) in entry 23, for the words, “primary health centres and dispensaries”, the
words, “primary health centres, dispensaries and solid waste management”, shall be
substituted; and
(c) after entry 29, the following entry(s) shall be inserted, namely:—
“30. Rural planning.
31. Planning for economic and social development.
32. Fire services.”.
STATEMENT OF OBJECTS AND REASONS
India had more than 6,49,481 villages with a population of 83 per cent. of the
total India’s population in 2011. In fact, the Census of India 2011 enumerated a total
of 3894 Census towns, which are villages but had all the characteristics of urban
area. Researchers projected this Census Towns will grow upto 17.93 million with an
additional 2231 Census Towns in 2021.
The 73rd Constitutional Amendment Act of 1992, mentions about the
responsibility of Gram Panchayats, to prepare the social, economic and resource
plans for rural areas, but not preparation of spatial plans. Spatial plans are prepared
for urban areas popularly known as Master or Development Plans and notified
under the respective State Town and Country Planning Acts. These Acts in their
title include Country Planning, but in reality, there is rarely provision for preparing
Development Plans for village. Many of the States do not even mention about the
rural spatial planning in the respective Town and Country Planning Act.
Therefore, the rural areas are devoid of planned spatial development. The
absence of planned spatial development in rural areas, especially in peri-urban areas,
and in major highway corridors, has major impact on regional development and
within the Metropolitan areas as well. Lack of access to basic infrastructure (social,
economic and physical) without spatial planning leads to high cost of urbanization
and retrofitting for provision of services at a later stage.
Some States have come out with rules and regulations to bring about planned
spatial development supported under RURBAN Mission, MANCHITRA and
SVAMITVA schemes. It is imperative to provide statutory backing to planned
spatial development of rural areas.
Well-designed rural communities & areas are places where people want to live
and invest in the future. The proposed Bill would enable, holistic and cohesive
planned spatial development in the rural areas which house over two-thirds of the
country.
Hence this Bill.
New Delhi; BACHHAV SHOBHA DINESH
July 4, 2025.
Bill No. 78 of 2025
A Bill to provide for the protection of healthcare professionals and clinical
establishments from violence, harassment, and damage or loss to property in the
course of their duty and for matters connected therewith or incidental thereto.
WHEREAS, acts of violence causing injury or danger to life of healthcare
professionals and damage or loss to the property of clinical establishments are on
the increase in the country creating unrest among healthcare professionals
resulting in hindrance to healthcare services in the country;
And Whereas, to protect healthcare professionals and clinical establishments
from violence, it has become necessary to prohibit such acts of violence, to
provide for punishment by making such acts of violence as cognizable and
non-bailable offence and to provide compensation for injury to healthcare
professionals or for causing damage or loss to the property of clinical
establishments;
Be it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:—
1. (1) This Act may be called Healthcare Professionals and Clinical
Establishments (Prevention of Violence) Act, 2025.
Short title,
extent and
commencement.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
Definitions.
(a) “by-stander” means an observer, on-looker, spectator or any other
person ordinarily present at ‘locus-delicti’ irrespective of his affinity to the
doctor, medical professional or the medical institution in question; and suffers
any loss or damage by virtue of his presence at the place of offence;
(b) “clinical establishment” means the clinical establishment as defined
under clause (c) of section 2 of the Clinical Establishments (Registration and
Regulation) Act, 2010;
23 of 2010
(c) “damage” includes loss or harm to property, whether in whole or in
part, without taking possession of the property that renders it inadequate for its
designated purpose or wholly or partially incapable of performing its function;
(d) “healthcare professional” means a registered medical or dental or
alternative medicine practitioners including those having provisional registration
by any recognized body by the Government of India as well as all those persons
who practice or profess services associated to medical profession including
those of nurses, radiologists, technicians, medical social workers, pharmacists,
medical administrators, para-medical staff and practitioners including those
seeking or imparting medical education, as the case may be;
(e) “patient” means any recipient of healthcare services;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “property” means any property movable or immovable, medical
equipment or machinery; owned by or in possession of or under the, control of
any healthcare professional or clinical establishment; and
(h) “violence” means includes any of the following acts committed by any
person or persons against healthcare professional in the course of their duty,
which causes, may cause or attempts to cause,—
(i) physical or mental harm, injury, intimidation, threat to life, including
verbal abuse;
(ii) acts inciting online or digital harassment, including doxxing,
trolling, threats, or coordinated campaigns inciting violence;
(iii) endangers the safety of or causes obstruction or hindrance to
any healthcare professional in discharge of their duties either within the
premises of a healthcare institution or otherwise; and
(iv) loss or damage to any property or documents in the custody of, or
in relation to, such healthcare professional or clinical establishment.
3. No person shall indulge in any act of violence against a healthcare professional
or cause any damage or loss to property owned by or under the care of healthcare
professional or in connection with or incidental to their activities in a clinical
establishment.
Prohibition
of violence or
damage to
property.
4. Any offence committed under this Act shall be cognizable and non-bailable
and triable by the Court of Judicial Magistrate of the First Class.
Cognizance of
offence.
5. (1) Whoever, commits or attempts to commit or abets or incites the
commission of any act of violence in infringement of the provisions of section 3,
shall be punished with imprisonment which shall not be less than three years but
which may extend up to ten years and with fine which shall not be less than rupees
fifty thousand but which may extend upto rupees twenty lakh in addition to recovery
of the entire damage to the property or belonging of all concerned including the
by-standers if any, in actual.
Penalty and
compensation.
(2) Whoever, commits or attempts to commit or abets or incites the commission
of any act of violence causing grievous hurt or death of healthcare professional,
shall be punished with imprisonment which shall not be less than seven years but
which may extend to life imprisonment, and with fine which shall not be less than
rupees five lakh but which may extend upto rupees fifty lakh in addition to recovery
of the entire damage to the property or belonging of all concerned including the
by-standers if any, in actual.
(3) If the convicted does not pay or is financially incompetent to pay the penalty
at that time it shall be recovered as if it were an arrear of land revenue under the
Revenue Recovery Act, 1890.
1 of 1890
6. Where it is established at any stage that no violation of the provisions of
this Act was committed and the charge levied against the accused was false and
malicious, the person levelling such false charge shall be prosecuted under the
relevant provisions of the Bhartiya Nyaya Sanhita, 2023.
Punishment for
false charge.
45 of 2023
7. In addition to any other responsibility of a clinical establishment or a
healthcare professional under any law for the time being in force, it shall be the
responsibility of each clinical establishment to,—
Responsibilities
of clinical
establishments.
(a) take all necessary measures to prevent violence and harassment against
healthcare professionals in the course of their duty, which includes measures
such as to install CCTV surveillance, emergency alarms, trained security
personnel, or other such security measures;
(b) establish a mechanism for reporting incidents of violence and harassment
against healthcare professionals; and
(c) provide necessary support and assistance to healthcare professionals
who are victims of violence or harassment in the course of their duty.
8. The Central Government shall, —
Measures for
supporting
healthcare
professionals.
(a) establish a National Helpline for reporting violence against
healthcare professionals and clinical establishments;
(b) create awareness about mental health and illness and for reducing
the stigma associated with mental illness among healthcare professionals;
(c) encourage healthcare professionals to seek support and care for their
mental health, to help such professionals identify risk factors associated
with suicide and mental health conditions, and to help such professionals
learn to respond to such risks, with the goal of preventing suicide and
mental health conditions under the Mental Healthcare Act, 2017;
(d) set up peer support groups among healthcare professionals and
provide mental healthcare and follow-up services, as appropriate; and
(e) conduct a review on improving healthcare professionals’ mental
health and the outcomes of programs authorized under this Act.
9. The provisions of this Act and rules made thereunder shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the
time being in force.
Act to have
overriding
effect.
10. The provisions of this Act shall be in addition to and not in derogation of
any other law for the time being in force.
Act to
supplement
other laws.
11. The Central Government shall, after due appropriation made by
Parliament by law in this behalf, provide, from time to time, adequate funds
for carrying out the purpose of this Act.
Central
Government to
provide funds.
12. (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 it to be
necessary for removing the difficulty:
Power to
remove
difficulties.
Provided that no order shall be made under this section after the expiry of a
period of two 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.
13. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
Power of
Central
Government to
make rules.
(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; so, however that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
STATEMENT OF OBJECTS AND REASONS
The Mental Healthcare Act of 2017 was enacted to recognize, protect and promote the
rights of persons with mental illnesses and promote their access to mental healthcare in
the country. The 2011 Census pointed out that there are 15,05,624 persons with mental
illnesses in the country. Reports by international organizations like WHO and national
institutes like NIMHANS highlight the severity of the situation in multiple reports in the
recent years. Today, there is a need to recognize the challenges related to mental health
at workplace. Issues of workplace discrimination, stress, verbal and sexual abuse etc. are
being highlighted every now and then. The National Mental Health Survey points out that
there are an estimated 150 million Indians in need of mental healthcare services. While
the institutional efforts so far have been aimed at providing access to mental healthcare
to the common man, a preventive and early identification mechanism would contribute
significantly in reducing the institutional deficiencies in addressing this challenge.
With this background, the Bill aims to —
(1) make it mandatory for establishments, including schools, institutions and
corporate offices, to have an empanelled counsellor; and
(2) address a possible conflict of interest for such consellors.
Hence this Bill.
New Delhi; RAJIV PRATAP RUDY
June 18, 2024.
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides appointment of counsellors in schools or establishments.
The Bill, therefore, if enacted would involve expenditure from the Consolidated Fund of
India. It is estimated that a recurring expenditure of about rupees One thousand crore
per annum is likely to be involved from the Consolidated Fund of India.
No non-recurring expenditure is likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 4 of the Bill provides for the State Government to make rules regarding frequency
of visit of counsellor to schools or establishments. As the rules will relate to matters of detail
only, the delegation of legislative power is of normal character.
Bill No. 62 of 2025
A Bill to provide for the prevention of reptile bite incidents, improvement of treatment
facilities for victims of reptile bites, effective treatment, social security benefits and
conservation of reptile species and awareness towards reptiles and
for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Seventy-sixt h Year of the Republic of India as
follows:–
CHAPTER I
Preliminary
1. (1) This Act may be called as the Reptile Bite (Prevention and Treatment) and
Reptile Conservation Act, 2025.
Short title,
extent and
commencement.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
Definitions.
(a) “appropriate Government” means in the case of a State, the Government of that
State, and in all case, the Central Government;
(b) “reptile conservation” refers to the measures and strategies implemented to
protect and preserve Reptile species, particularly those threatened by habitat loss,
human-wildlife conflict and climate change;
(c) “climate change” refers to long-term changes in temperature, precipitation
patterns, and other environmental factors that affect ecosystems, including reptile
behaviour and distribution;
(d) “disability pension” refers to the financial assistance provided to victims who
suffer permanent disability due to a reptile bite;
(e) “first responder” refers to an individual, often from the community, trained to
provide immediate first aid and basic life support to reptile bite victims;
(f) “health care facility” means any public or private hospital, clinic, or medical
institution providing treatment to reptile bite victims.
(g) “high-risk area” means a geographical location identified as having a high
incidence of reptile bites based on historical data and environmental conditions;
(h) “reptile bite” means any incident where a human is bitten by a reptile, whether
venomous or non-venomous leading to injury or death; and
(i) “reptile” includes reptiles lizards and other cold-blooded reptiles that may pose
a danger to human life through venomous bites;
(j) “reptile bite” means the penetration of skin by the fangs of a Reptile, leading to
envenomation or injury;
(k) “antivenom” refers to the biological product used in the treatment of
Envenomation caused by reptile bites which neutralizes the venom’s toxic effects;
(l) “prescribed” means prescribed by rules made under this Act.
CHAPTER II
Prevention of Reptile Bites
3. (1) The Central Government shall, in coordination with State Governments, conduct
regular public awareness campaigns on the prevention of reptile bites, especially in high risk areas.
Public
Awareness
Programmes on
Prevention of
Reptile bites.
(2) The awareness campaigns shall focus on,—
(a) dissemination of information on identifying venomous reptiles, preventive
measures and first aid techniques;
(b) use of mass media, including radio, television, social media, and mobile
applications to reach diverse populations, especially in rural areas;
(c) development of educational materials including posters, pamphlets and videos
in local languages to ensure accessibility to larger population; and
(d) the importance of reptile conservation, emphasizing the ecological role of
reptiles in controlling pests and maintaining biodiversity.
(3) The appropriate Government may also launch special campaigns in response to
seasonal increases in reptile bite incidents, linked to climate change-induced extreme weather
events, such as floods, droughts, and rising temperatures, which alter reptile behaviour and
increase human-reptile encounters.
4. (1)The appropriate Government shall ensure that,—
Training and
Capacity
Building.
(a) healthcare professionals, including doctors, nurses and paramedics are trained in
the management of reptile bites, including the administration of antivenom, emergency
care and the management of complications arising therefore;
(b) specialized training programs are developed and conducted regularly,
particularly in regions with a high incidence of reptile bites;
(c) community members, particularly in high-risk areas, are trained as First
Responders which shall cover basic life support, the identification of Reptile species
and the administration of first aid for reptile bites;
(d) training centres are established at the district level to facilitate ongoing capacity
building of community volunteers and local health workers;
(e) schools in high-risk areas integrate reptile bite prevention and first aid training
into their curriculum and students, teachers and staff are educated on identifying
reptiles, avoiding reptile bites, and providing first aid;
(f) regular drills and workshops are conducted to ensure preparedness and reduce
panic during reptile bite incidents;
(g) mobile applications and online platforms are developed and deployed to provide
training on reptile bite management which shall include instructional videos, interactive
modules and real-time support for First Responders and healthcare professionals; and
(h) telemedicine services are enhanced to provide expert guidance to healthcare
facilities and First Responders in remote areas during reptile bite emergencies.
5. (1) The Central Government shall, in consultation with State Governments, develop
a comprehensive reptile bite Risk Map identifying high-risk areas for reptile bites across the
country.
Reptile bite risk
mapping.
(2) The map under sub-section (1) shall be,—
(a) based on historical data, environmental conditions and emerging trends,
including the effects of climate change on Reptile habitats and behaviour; and
(b) updated periodically to reflect changes in risk levels, especially in response
to climate change-induced shifts in reptile populations and human-reptile interactions.
(3) The reptile bite Risk Map developed under sub-section (1) shall be made publicly
accessible and used to guide public health interventions, resource allocation, and awareness
campaigns.
(4) The appropriate Government shall establish a network of sentinel sites in high-risk
areas to monitor reptile bite incidents, collect data on reptile populations, and assess the
impact of environmental changes on reptile behaviour.
CHAPTER III
Treatment of Reptile Bite Victims
6. The appropriate Government shall,—
(a) ensure the availability of sufficient and high-quality antivenom in all
healthcare facilities, especially in high-risk areas;
Availability of
Antivenom.
(b) regulate the production and distribution of antivenom to prevent shortages and
ensure equitable access across the country; and
(c) establish regional antivenom production units to reduce dependency on
centralized manufacturing and ensure quicker distribution to remote areas.
7. (1) The appropriate Government shall ensure that every Healthcare Facility under its
jurisdiction report cases of reptile bites to a central database within 24 hours of admission,
detailing the nature of the bite, treatment provided, and outcome.
Reporting of Loss
of reptile bites.
(2) The database under sub-section (1) shall be accessible to relevant authorities for
monitoring and policy-making purposes in such manner as may be prescribed.
8. (1) The appropriate Government shall ensure that,—
Social security
benefits to reptile
bite victims.
(a) victims of reptile bites are entitled to free treatment at any Healthcare Facility
which shall include the administration of antivenom, emergency care, and any
subsequent medical treatment as may be required;
(b) reptile bite victims are covered under the Ayushman Bharat Pradhan Mantri
Jan Arogya Yojana (PMJAY) and other relevant National and State Health Insurance
Schemes and the treatment of reptile bites is included in the list of covered medical
procedures under these schemes;
(c) the expense incurred by the private Healthcare Facilities that provide free
treatment to reptile bite victims under this Act are reimbursed;
(d) reptile bite treatment are included in their respective health schemes to ensure
that such treatments are provided free of cost or under subsidized rates to victims who
may not be covered under the national schemes;
(e) reptile bite victims are being included under the Pradhan Mantri Suraksha
Bima Yojana (PMSBY) for accidental death and disability cover of rupees two lakh at
a nominal premium; and
(f) reptile bite victims are enrolled in the Pradhan Mantri Shram Yogi Maan-Dhan
(PM-SYM) pension scheme, providing a minimum assured pension of rupees three
thousand per month after attaining the age of sixty years.
CHAPTER IV
Rehabilitation and Compensation
9. (1) The appropriate Government shall,—
Establishment
of rehabilitation
centre.
(a) establish specialized rehabilitation centres in high-risk areas to provide
comprehensive care for reptile bite victims;
(b) provide physical rehabilitation including physiotherapy, prosthetics,
and other necessary medical interventions for victims suffering from long-term
disabilities in the rehabilitation centre;
(c) provide psychological support including Counselling services for victims
and their families to address trauma, anxiety and other mental health issues
arising from reptile bite incidents;
(d) reptile bite victims are provided assistance in reintegrating victims into
society, including support for education and employment where needed;
(e) formulate programmes aimed at equipping victims with skills to secure
alternative livelihoods, especially for those who have lost their ability to perform
their previous jobs due to reptile bite related disabilities; and
(f) made special provisions for the rehabilitation of vulnerable groups,
including women, children and the elderly.
10. The appropriate Government shall,—
Compensation
to victims and
families.
(a) In the event of a death caused by a reptile bite, provide the family of the
deceased a payment of compensation which shall not be less than rupees five lakh
to be provided within a reasonable time frame to support the family in their time
of need;
(b) provide to the victim who suffer permanent disability due to a reptile
bite,—
(i) appropriate financial assistance in the form of disability pension to
ensure the victim’s well-being and support in maintaining his quality of life
during his life; and
(ii) in addition to the disability pension under sub-clause (i), a one-time
compensation amount of not less than rupees three lakh to the victims to meet
immediate financial needs.
11. (1) The appropriate Government shall constitute a Special Fund for the
purpose of disbursement of compensation payable to Reptile bite victims and their
families under section 10.
Constitution
of special fund
for payment of
compensation to
reptile bite victims.
(2) The special Fund shall be credited such amount of funds by the Central
Government and State Government in such proportion as may be prescribed.
12. In cases where victim is unable to return to his previous employment due to
disability, provide continuous support, including vocational training, micro-finance
opportunities and job placement assistance to help them secure alternative livelihoods
in such manner as may be prescribed.
Appropriate
Government to
provide support
in case of loss of
employment due to
reptile bite.
13. (1) The appropriate Government shall identify communities disproportionately
affected by Reptile bites, especially those residing in high-risk areas and implement targeted
schemes to improve their socio-economic conditions.
Schemes for
welfare of
Reptile bites
victims.
(2) The schemes under sub-section (1), shall include,—
(a) establishing local health centres equipped to handle reptile bite cases, providing
regular medical check-ups and ensuring access to necessary treatments;
(b) special programmes to educate communities on reptile bite prevention, safe
agricultural practices and wildlife conservation; and
(c) providing financial support and livelihood opportunities to reduce the economic
impact of reptile bite incidents on vulnerable communities.
CHAPTER V
Research, Conservation and Education
14. (1) The appropriate Government,—
Research on
conservation of
Reptiles.
(a) promote and provide financial assistance for research initiatives focused
on developing more effective antivenoms including research into polyvalent
antivenoms that may neutralize the venom of multiple reptile species;
(b) conducting clinical trials and studies to refine and standardize treatment
protocols for reptile bite management;
(c) undertake research study on understanding reptile behaviour particularly
in relation to climate change and environmental shifts affecting reptile distribution,
activity patterns and human-Reptile interactions;
(d) conduct research on the conservation of reptile species, understanding their
ecological role, and developing strategies to mitigate human-reptile conflict while
preserving biodiversity; and
(e) encourage collaborative research with international institutions and local
universities to foster innovation and knowledge exchange.
15. (1) The appropriate Government shall maintain a centralized, publicly accessible
database to collect data on the location, frequency, and severity of reptile bites, along with
treatment outcomes.
Data collection
and Monitoring.
(2) The database under sub-section (1),—
(a) track the distribution and behaviour of reptile species, particularly in relation
to climate change;
(b) monitor the availability of anti-venom, trained personnel, and necessary
equipment in healthcare facilities across the country;
(c) include information on the population of reptile species in the country,
monitoring fluctuations and ensuring that conservation measures are responsive to any
declines; and
(d) be updated in real-time and used to guide policy decisions, resource allocation,
and public health interventions.
(3) While collecting the database, the appropriate Government shall,—
(a) identify the threats on the natural habitats of reptiles including habitat destruction
or encroachment with a view to implement protective measures to maintain and restore
their environments.
(b) give special attention to threatened or endangered reptile species, ensuring
that their populations are protected through habitat preservation efforts and regulatory
measures.
(4) The appropriate Government shall propose an Annual report on reptile bite incidents,
reptile populations, habitat changes, and government responses which shall be published
and disseminated to the public, in such manner as may be prescribed.
16. (1) The appropriate Government shall formulate and implement programmes aimed
at conserving reptile species and protecting their natural habitats.
Reptile
Conservation
and Habitat
Protection.
(2) The programmes under sub-section (1) shall include,—
(a) initiatives to restore and preserve critical reptile habitats, particularly in areas
where habitat destruction is leading to increased human-reptile conflicts.
(b) strengthening the legal framework to protect threatened Reptile species from
poaching, habitat destruction, and other forms of harm.
(c) educating and involving local communities in conservation efforts, promoting
coexistence, and reducing the likelihood of retaliatory killings of reptiles.
(d) developing strategies to help reptile populations adapt to changing environmental
conditions caused by climate change, thereby reducing the risk of increased human reptile encounters.
(3) The appropriate Government shall collaborate with environmental Non- Government
Organisations, wildlife experts, international conservation bodies to implement the
programmes formulated under sub-section (1) effectively.
17. (1) The Central Government shall ensure that Reptile bite Management shall be
introduced as a mandatory subject in the curriculum of all medical colleges and nursing
schools across the country.
Reptile
Management
in Medical
Education.
(2) The course on reptile management under sub-section (1) shall include,—
(a) training on the recognition of venomous and non-venomous reptiles and the
implications for treatment;
(b) the administration of anti venom, managing complications and post-treatment
care;
(c) understanding the epidemiology of reptile bites, the socio-economic impact on
affected communities and strategies for prevention; and
(d) educating future healthcare professionals on the impact of climate change on
reptile behaviour and the increasing incidence of reptile bites in new areas.
(3) The Central Government shall made available the Continuing Medical Education
(CME) programmes on Reptile bite Management for practicing healthcare professionals to
keep them updated on the latest developments and best practices.
CHAPTER VI
Miscellaneous
18. Any person found guilty of not complying with the provisions of this Act shall
be liable to a fine which shall not less than rupees fifty thousand and in the case of
repeated offenses, licence of the healthcare facility may be cancelled.
Penalties.
19. The Central Government shall, after due appropriation made by Parliament
by law in this behalf, provide requisite funds to the Authority for carrying out the
purposes of this Act.
Central
Government to
provide funds.
20. The provisions of this Act shall be in addition to, and not in derogation of the
provisions in any other law, for the time being in force.
Act not in
derogation of
other laws.
21. (1) The Central Government may, by notification, make rules to carry out the
provisions of this Act.
Power of
Central
Government to
make rules.
(2) In particular, and without prejudice to the foregoing power, such rules may provide
for all or any of the following matters, namely:—
(a) the qualifications, experience, functions, powers, and terms and conditions of
service of the officers and other employees of the Boards under sub-section (3) and (4)
of section 3;
(b) the time and place of the meetings of the Committees and the procedure to
be followed at such meetings under sub-section (1) of section 4 and the expenditure
incurred on the meetings of the Boards under sub-section (3) of section 4;
(c) any other matter which is to be or may be, prescribed or in respect of which
provision is to be made by the Central Government by rules.
(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 the Houses agree in making any modification in the rule
or regulation or both Houses agree that the rule or regulation should not be made, the rule
or regulation 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 or regulation.
STATEMENT OF OBJECTS AND REASONS
Reptile bite related deaths in India, particularly in rural regions, have emerged as a
significant public health concern, necessitating a robust legislative framework. This Bill
not only aims to reduce the incidence of such fatalities by ensuring the availability of anti
venom, providing free and timely medical treatment, and supporting the rehabilitation of
victims and their families but also includes provisions for the conservation and protection
of reptiles. Recognizing the ecological importance of reptiles in maintaining the balance
of ecosystems, the Bill seeks to foster co-existence through awareness campaigns and
conservation efforts, ensuring that public health measures do not compromise the survival
of reptile species.
According to the World Health Organization (WHO), approximately 50,000 people
die each year in India due to reptile bites. These deaths predominantly affect rural areas,
where poor farmers and field workers face heightened risks. Reptile bite incidents are
medical emergencies requiring immediate intervention to prevent fatalities and long-term
disabilities. However, accessibility to timely and effective treatment, such as the provision
of anti-venom, remains a challenge, especially in remote and underserved communities.
This Bill aims to address these challenges by improving healthcare access and support for
vulnerable populations.
Climate change has further intensified the situation, leading to an increase in human reptile encounters. Rising temperatures, erratic weather patterns, and changes in land use
have contributed to more frequent reptile bite incidents, placing communities at even greater
risk. The Bill recognizes the need for a comprehensive approach to manage these climate
induced challenges and to protect vulnerable groups by ensuring adequate healthcare and
emergency response mechanisms.
The Bill also seeks to establish mechanisms for rehabilitation and compensation for
victims, providing free medical treatment and including reptile bite care under social
security schemes like Ayushman Bharat. It further outlines support for long-term injury
victims, such as disability pensions, financial aid, and vocational training programs.
Public awareness campaigns are integral to the Bill, aiming to educate communities about
prevention strategies, high-risk area mapping, and methods to promote coexistence with
reptiles. In addition, the Bill introduces penalties for non-compliance with mandated
treatment protocols and reporting requirements, ensuring accountability and proper care for
reptile bite victims.
A critical aspect of this Bill is the conservation of reptiles, recognizing their vital
ecological role in maintaining ecosystem balance by controlling rodent populations and
supporting biodiversity. In light of climate change, it is essential to protect these species
and promote awareness of their significance, fostering a harmonious relationship between
humans and reptiles. By incorporating reptile protection measures, the Bill aims to ensure
both public safety and ecological stability.
To ensure the effectiveness of the proposed measures, the Bill grants the Government
the authority to frame and amend regulations as needed to respond to evolving challenges
in reptile bite prevention, treatment, and conservation. This legislative framework provides
a multi-dimensional approach, addressing public health and ecological concerns while
promoting sustainable and effective solutions to the growing challenges posed by climate
change
Hence this Bill.
New Delhi; RAJIV PRATAP RUDY
November 7, 2024
FINANCIAL MEMORANDUM
Clause 9 of the Bill provides for the establishment of rehabilitation centres.
Clause 10 provides for compensation to victims and families in the event of a Death caused
by reptile bite. Clause 11 provides for the Constitution of special fund for payment of
compensation to reptile bite victims. Clause 12 provides that the appropriate Government
shall provide support in case of loss of employment due to reptile bite. Clause 19 provides
for the Central Government to provide adequate fund. The Bill, therefore, if enacted, would
involve expenditure from the Consolidated Fund of India. It is estimated that a recurring
expenditure of about rupees two crore and fourty thousand per annum would be involved
from the Consolidated Fund of India.
A non-recurring expenditure of about rupees sixty lakh is also likely to be incurred for
survey.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 21 of the Bill empowers the Central Government to make rules regarding the
qualifications, experience, functions, powers, and terms and conditions of service of the
officers and other employees of the Boards, the time and place of the meetings of the Boards
and the procedure to be followed at such meetings, etc. As the matters in respect of which
rules may be made by the Central Government are matters of procedure and administrative
details only, the delegation of legislative power is, therefore, of a normal character.
Bill No. 23 of 2024
A Bill further to amend the All India Institutes of Medical Sciences Act, 1956.
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 All India Institutes of Medical Sciences 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.
2. After section 3 of the All India Institutes of Medical Sciences Act, 1956, the following
section shall be inserted, namely:–
“3A. (1) There shall be established an All India Institute of Medical Sciences at
Nagina in the State of Uttar Pradesh which shall be a body corporate, to be known
as the All India Institute of Medical Sciences, Nagina.
Insertion of new
section 3A.
Establishment
of All India
Institute of
Medical Science
at Nagina in the
State of Uttar
Pradesh.
25 of 1956.
(2) The provision of this Act shall apply mutatis mutandis to the All India
Institute of Medical Sciences, Nagina established under sub-section (1).”.
STATEMENT OF OBJECTS AND REASONS
The State of Uttar Pradesh has been demanding for establishment of an All India Institute
of Medical Sciences at Nagina. Health infrastructures in our State is very poor. In recent
years the number of communicable and lifestyle diseases in the State are on the rise due
to rapid transit of our population and heavy population density. Day-by-day our country is
witnessing new disease. The State needs a central institute like All India Institute of Medical
Sciences at Nagina, Uttar Pradesh to combat emerging challenges in healthcare sector. This
will enable the State to ensure that the health of its citizens is always protected.
The Bill, therefore, seeks to amend the All India Institutes of Medical Sciences Act, 1956
with a view to establish an All India Institute of Medical Sciences at Nagina in the State of
Uttar Pradesh.
Hence this Bill.
New Delhi; CHANDRA SHEKHAR AZAD
June 26, 2024.
FINANCIAL MEMORANDUM
Clause 2 of the Bill provides for establishment of an All India Institute of Medical
Sciences at Nagina in the State of Uttar Pradesh. The Bill, therefore, if enacted would involve
expenditure from the Consolidated Fund of India. It is estimated that an expenditure of
about rupees one thousand crore would be incurred per annum from the Consolidated Fund
of India.
A non-recurring expenditure of about rupees ten thousand and five hundred crore is
likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 9 of the Bill empowers the Central Government to make rules for carrying out the
purposes of this Bill. As the rules will relate to matter of details only, the delegation of
legislative power is, therefore, of a normal character.
Bill No. 145 of 2024
A Bill to confer upon every farmer the right to realize a minimum price for their agricultural
produce and for matters connected thereto.
Be it enacted by Parliament in the Seventy-fifth Y ear of the Republic of India as
follows:–
CHAPTER I
Preliminary
1.(1) This Act may be called the Farmers Right to Guaranteed Minimum Price
Realization of Agricultural Produce Act, 2024.
Short title,
extent and
commencement.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In this Act, unless the context otherwise require,—
Definitions.
(a) “agricultural produce” includes the agricultural produce specified under the
Schedule;
(b) “appropriate Government” means in the case of a State, the Government of that
State, and in all other cases, the Central Government;
(c) “Commission” means the Commission for Agricultural Costs and Prices
(CACP) constituted under the Union Ministry of Agriculture and Farmers Welfare to
recommend Minimum Support Prices (MSPs) to agricultural produces;
(d) “Department” means the Department for Guaranteed Minimum Support Price
Realization constituted under section 6;
(e) “farmer” means any individual or group of individuals collectively including
but not limited to an individual, forest-produce gatherer, farmer groups, cooperatives
engaged in the agricultural activity in terms of growing crops and agricultural produce
on self-owned or leased land;
(f) “guaranteed minimum support price” means the price that ensures a fifty per
cent. profit on the comprehensive cost of production for any agricultural produce as
determined under section 3, excluding any bonus announced and applicable for the
respective agricultural produce for that crop season;
(g) “prescribed” means prescribed by rules made under this Act; and
(h) “trader” means any individual or group of individuals collectively engaged
in the direct purchase of agricultural produce from the farmer for direct consumption
or further selling of agricultural produce, in same form or with value-addition, and
includes but not limited to commission agents, purchasers and arthiyas or adatiyas.
CHAPTER II
Guarantee of Minimum Support Price
3. (1) The Central Government shall, on the basis of recommendation for guaranteed
minimum support price for each agricultural produce as computed by the Commission under
section 5, notify the guaranteed minimum price of each agricultural produce, as soon as
possible, but not later than one month of the receipt of such recommendation from the
Commission for Agricultural Costs and Prices in such manner as may be prescribed.
Notification
of Guaranteed
Minimum
Support Price
for Agricultural
Produce.
(2) Notwithstanding anything contained in sub-section (1), the Central Government
shall notify the guaranteed minimum support price two months before the start of kharif
season on 1st day of April every year and two months before the start of Rabi season or 15th
day of September every year, as applicable in such manner as may be prescribed.
4. The State Government shall, notify bonus on each agricultural produce, to be paid
from the State Government exchequer in addition to the guaranteed minimum support price
in case of—
State
Government to
notify Bonus.
(a) Kharif crops, one month before the start of Kharif season or 1st day of May of
each calendar year; and
(b) Rabi crops, one month before the start of the Rabi season or 15th day of October
of each calendar year.
5. (1) The Commission shall recommend guaranteed minimum support price for all
agricultural produce subject to quality standards as prescribed under sub-section (2) and (3)
to the Central Government which shall not be less than a profit margin of at least fifty per
cent. over and above the comprehensive cost of production including,—
Computation
of guaranteed
minimum
support price
for agricultural
produce.
(a) actual paid-out expenses incurred by farmers on seeds, fertilizers, pesticides,
hired labour, fuel, irrigation and other inputs from outside, incurred in cash or kind;
(b) imputed value of unpaid family labour; and
(c) rentals and foregone interests on farmland and fixed agricultural assets.
(2) The Commission shall define the fair and acceptable quality standards for the
agricultural produce for which the prices shall be notified as per section 3 and computed
under sub-section (1).
(3) The Commission shall undertake an annual exercise to classify the quality parameters
on the basis of which crops not meeting the fair and acceptable quality standards may be
classified into different categories and announce the guaranteed minimum support prices
of each category for all agricultural produce which may be based on guaranteed minimum
support price adjusted for quality differentials.
(4) The Commission shall prescribe an indicative list of agricultural produce that may be
grown in a particular sub-district considering the prevalent environment factors, including
weather, groundwater patterns, soil health and other relevant environment factors.
CHAPTER III
Department of Guaranteed Minimum Support Prices Realization
6. (1) The Central Government shall, by notification in the Official Gazette,
constitute a Department to be known as the Department for Guaranteed Minimum
Support Price Realization to exercise the powers conferred upon, and to perform the
functions assigned to it under this Act.
Constitution of
the Department
for Guaranteed
Minimum
Support Price
Realization.
(2) The Department shall consist of—
(a) four farmer representatives;
(b) one Indian Administrative Services officer not below the rank of an
Additional Secretary to the Central Government; and
(c) four agricultural experts with a distinguished record in agriculture
policy formulation of not less than twenty years, to be appointed by the Central
Government in such manner as may be prescribed.
(3) The Department shall have its offices in every State to carry out the provisions
of this Act and help in the facilitation and coordination of the functions vested to it
under this Act with the respective State Governments.
(4) The offices of the Department in each State shall consist of such number of
members appointed by the respective State Governments including representatives of
agricultural economists and an Indian Administrative Services officer to be appointed
by the respective State Government in such manner as may be prescribed:
Provided that the constitution of offices of the Department in each State shall
be the same as may be decided by the Department through a consultative process
from the State Governments concerned.
(5) The Central Government shall appoint such number of staff to the Department
as may be required to carry out functions of this Act.
(6) All such staff members, including the members of the Department, shall be
deemed to be public servants within the meaning of sub-section (28) of section 2 of the
Bharatiya Nyay Sanhita, 2023.
45 of 2023
(7) The salary and allowances payable to, and other terms and conditions of service
of members and staff of the Department shall be such as may be prescribed.
7. The Department shall—
Functions of the
Department.
(a) review and recommend to the Central Government on a half-yearly basis and
at least two months before the start of Rabi or Kharif seasons regarding inclusion of
any crop or agricultural produce including but not limited to spices, cereals, oilseeds,
pulses, cash crops, dairy produce, fruits, vegetables in the Schedule;
(b) decide and notify the list of officers along with their roles and responsibilities
to ensure the smooth implementation of this Act, which includes but not limited to—
(i) the monitoring of auctions and payments for agricultural produce;
(ii) mandi operations;
(iii) categorization, recording and decision for implementation of punitive
actions or penalties;
(iv) payment of Compensation as prescribed under section 9:
Provided that the list of officers shall be prepared from a taluka level and
be published along with their contact details in leading regional newspapers for
complete transparency in such manner as may be prescribed;
(c) from time to time, advise the Union Ministry of Commerce and Industry on the
import duties that may be levied so that the landed cost of imported agricultural produce
is at least equal to the price stipulated under section 5; and
(d) maintenance of separate books of accounts and other records to prepare annual
statements which shall be audited on an annual basis and the annual statements along
with audit findings and recommendations to be tabled before each Houses of Parliament.
8. (1) The appropriate Government shall ensure that all agricultural markets
(including Agriculture Produce Market Committee) commence the auction for all
agricultural commodities at a base offer price not lesser than the guaranteed minimum
support price notified by the Central Government under section 3.
Responsibility
of appropriate
Government to
ensure payment
of agricultural
commodities on
prices not less
than guaranteed
minimum
support price.
(2) The appropriate Government shall, in order to procure agricultural commodities
at or higher than the guaranteed minimum support price, establish adequate number of
procurement Centres, either under direct control or through designated procurement
agencies in a localized manner as far as possible, so that there exists a minimum of one
Centre per three villages.
(3) For the purposes of sub-section (1), the Central Government, may appoint an
independent Committee which shall,—
(a) evaluate the number of such procurement Centres required and their
preferred village locations and submit their recommendations within a period of
six months in such manner as may be prescribed;
(b) ensure increase and maintenance of storage capacity including cold storage
and affordable access to such facilities to enable farmers to store their agricultural
produce and sell at the time of procurement operations; and
(4) The appropriate Government shall ensure direct payments by the traders or
procurement agency to the farmers bank account or in cash in absence of bank account
within two days of such procurement.
(5) The appropriate Government shall aid and advice the Department to ensure
compliance and cooperation from officers notified under clause (b) of section 7.
9. (1) Any farmer who is not paid by the trader the guaranteed minimum support price
for his sale of agricultural produce shall be entitled to a compensation payable from the Fund
constituted under section 10 which shall be equal to the difference between the guaranteed
minimum support price and price paid to the farmer within a period of seven working days
from the day the matter is brought to the notice by the aggrieved farmer.
Compulsory
payment of
compensation
for not obtaining
guaranteed
minimum
support price.
(2) Where a farmer does not get instant and direct payment of guaranteed minimum
support price of agricultural produce such farmers shall be entitled to get for compensation
fixed at ten per cent. per annum on the total payment due from the buyer calculated on daily
basis.
10. (1) The State Commission shall, by notification in the Official gazette, constitute
and maintain a Fund to be known as the Farmers Compensation Fund for the payment
of compensation to farmers for non-receipt of guaranteed minimum support prices or
delayed payment for sale of agricultural produce under sub-section (1) of section 9.
Constitution
of Farmers
Compensation
Fund.
(2) The Fund shall be credited all the amount of penalties collected under section 14.
11. All farmers shall be entitled to avail institutional credit from public institutions and
public sector banks up to such per cent. of the value of the produce in lieu of the warehouse
receipt, obtained post storage or sales of produce at the storage facilities as may be decided
Farmers’ Right
to institutional
credit.
by the Department within a period of three months from the date of application of credit
from the farmer.
12. (1) Any formal or informal agreement, written or oral, or any implicit arrangement
between the purchasing parties, including, but not limited to the control or influence of
auction prices by traders, commission agents and private buyers shall be liable for penalties
as mentioned under section 14 including the cancellation of license by the appropriate
Government on complaint by aggrieved farmers or public interest groups.
Penalty.
(2) Any trader who abstains from purchasing any agricultural produce with a view to
violate the rights conferred on farmers by this Act, especially for the quarter succeeding the
seasonal harvest of a given commodity for one Rabi and Kharif season consecutively, shall
be liable for penalties under section 14, including the cancellation of their license by the
appropriate Government.
13. (1) Department shall constitute sub-district or Block level Dispute Resolution
Committees for dispute resolution between the farmer and the trader or purchaser
consisting of not more than seven members, comprising of officials from the respective
State Agriculture Ministry to be appointed by the State Government concerned in such
manner as may be prescribed.
Dispute
Resolution
Mechanism.
(2) The Dispute Resolution Committee constituted under sub-section (1) shall
provide resolution to the grievances within thirty days from the receipt of such
complaint from either party, failing which the complainant reserves the right to
approach to the appropriate Court.
14. (1) Any trader, purchaser or commission agent, who contravenes the provision
of section 12 shall be deemed to have committed a cognizable offence and punishable as
under,—
Penalty.
(i) for the first time offence a penalty equal to the total deficit suffered by the
farmers on account of the violation by the trader, purchaser or commission agent; or
(ii) for the second time offence a penalty equal to two times the total deficit suffered
by farmers on account of the violation by trader, purchaser or commission agent; and
(iii) for the third time an imprisonment for a term upto six months and cancellation
of license leading to stoppage of any future trading for all non Governmental traders.
(2) If any Government employee is found indulged in willful negligent in discharging
of his duties stipulated under this Act, such employee shall be punished,—
(a) for the first time offence a penalty a half of his month salary; or
(b) for the second time offence a penalty of full months’ salary with a warning; and
(c) for the third or subsequent time suspension from service till further notice as
may be prescribed.
15. The provisions of this Act or any rule or order made thereunder shall have effect
notwithstanding anything inconsistent therewith contained in any law, or any instrument
having effect by virtue of any law other than this Act.
Overriding
effect of Act.
16. If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order, as occasion requires, do anything not inconsistent with the
provisions of this Act, which appears to them to be necessary for the purposes of removing
the difficulty:
Power to
remove
difficulties.
Provided that no such orders shall be made after expiry of two years from the date
of commencement of this Act.
17. (1) The appropriate Government may, by notification in the Gazette, make rules for
the purpose of carrying into effect the provisions of this Act.
Power to make
rules.
(2) Every rule made under this Act by the Central Government shall be laid, as soon
as may be after it is made, before each House of Parliament while it is in session for a
total period of fourteen days which may be comprised in one session or in two 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; so however that any such
modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.
(3) Every rule made by the State Government under this Act shall laid, as soon as may
be after it is made, before the State Legislature.
STATEMENT OF OBJECTS AND REASONS
The Minimum Support Price (MSP) declared by the Union Ministry of Agriculture and
Farmers Welfare signals a right to the farmer to sell the agricultural produce at the declared
price in case the open market prices fall in order to protect them from financial losses. Over
the years, however, the efficacy of MSP has declined as most farmers do not receive the
declared MSP, remaining at best limited to cereals within a handful of States. A close look at
acreage and declared MSP, especially for pulses and oilseeds in recent years, illustrate that
MSP has limited impact on acreage under a crop, as farmers have inadequate information
and Government procurement agencies have focussed comparatively more on selected crops
in selected geographies.
The Food Corporation of India (FCI), the primary frontrunners for procuring agricultural
commodities from farmers, procures only a portion of marketed surplus even for wheat
and paddy (~32% for wheat and 35% for paddy). They have been able to procure ~160
million MT of wheat and ~203 million MT of rice, against a production of ~500 million MT
and ~561 million MT respectively, during FY 2016-17 to FY 2020-21. Despite increasing
trend of procurement, about 70 per cent of all produce was sold outside these agencies, and
quite possibly at rates lower than the Minimum Support Price (MSP). Herein, the small and
marginal farmers, accounting for almost 80 per cent of all Indian farmers remain the worst
affected, due to small produce, lack of access to Government procurement centres, logistics
costs and delayed payments, thereby selling it to middlemen as an option of last resort with
little profit if at all.
Despite the presence of 2477 principal regulated markets (APMC’s) and 4843
sub-market yards (regulated by APMCs), many farmers do not have access to proper mandis
for sales at competitive market prices. In places where they exist, the principal market yards
and sub-market yards set up under the State Agriculture Produce Marketing Committee
(APMC) have been found lacking in marketing infrastructure, with only a fraction of APMC
markets having cold storage facilities and proper harvest management infrastructure for
grading, packing and weighing. Poor digital connectivity and civic infrastructure only
compounds to the existing deficiencies. In terms of access, the National Commission on
Farmers (2006) recommended that regulated markets should be available for market area of
80 sq. km., yet the density of regulated markets varied from 116 sq. km. (Punjab) to 11,215
sq. km. (Meghalaya). In order to ensure access, the country would need an estimated 41,000
markets across the country.
The guaranteed realization of minimum support price will also have long term
environmental benefits – especially on groundwater situation across the country.
Groundwater stress in India remains at an all-time high. In Punjab, 80% of the blocks
(talukas) are overexploited when it comes to groundwater. Rajasthan follows close with
71% of its blocks being overexploited whereas Haryana registers the metric at 61%. Thus,
aquifers in majority of the areas in these States are subjected to a physically unsustainable
situation wherein withdrawal is more than the recharge leading to long term declines in water
table. We fundamentally remain a water stressed society, with per-capita water availability
at 1500 cubic meters in 2011, a 64 per cent drop from independence era availability of 5000
cubic meters and water stress threshold of 1700 cubic meters. Much of the dependence
on groundwater also comes from our choice of crops, growing water intensive crops in
water scarce regions (e.g., paddy in Punjab, sugarcane in Maharashtra). The promise of a
guaranteed MSP realization will provide farmers with the right set of incentives to make
better choices for long term ecological and agricultural sustainability.
Quality also remains a key issue is reduced price realization of agricultural commodities,
with MSP being applicable for crops at Fair and Acceptable Quality. The classification of
each crop based on quality parameter and MSP price determination for various varieties
depending on quality will reduce distress sales by farmers to purchasers, especially private
parties. The quality differentials will also help in formalizing price of better varieties of
crops (e.g., Basmati for rice, Sharbati for wheat).
The need is to provide for payment of compensation equal to the difference in value
between sales price and MSP within seven days of matter being brought to attention by the
aggrieved farmer. It will ensure quick payment to farmers and in line with agriculture credit
linked to warehouse receipts will alleviate working capital distress for farmers.
The declaration of guaranteed MSP to farmers shall result in improved farm realization
for potentially 93 million agricultural households, leading to resurgence in rural economy,
consequent improvement in socio-economic outcomes and improved tax revenues for the
Government. The declaration of minimum price realization shall provide an economic
support to the agricultural community with such practice already implemented across
different aspects of economy – be it labour (The Code on Wages, 2019 sets a floor wage
taking into account the living standards and appropriate Government prescribes a minimum
wage rate which is equal to or more than the floor rate), or land or even other crops like
sugarcane.
In such situations, the guaranteed minimum support price needs to be declared for a
significant majority of our agricultural produce, Government-sourced or otherwise.
Hence this Bill.
New Delhi; CHANDRA SHEKHAR AZAD
July 10, 2024
FINANCIAL MEMORANDUM
Clause 6 of the Bill provides for the Central Government constitute a Department for
Guaranteed Minimum Support Price Realization for Agriculture Produce. It also provides
for appointment of farmers and agricultural experts to the Department. Clause 8 of the bill
provides that the appropriate Government shall, in order to procure agricultural produce
at or higher than the guaranteed minimum support price, establish adequate number of
procurement centers, either under direct control or through designated procurement agencies
in a localized manner as far as possible, such that there exits a minimum of one Centre per
five villages. Clause 10 provides for constitution and maintenance of a State Compensation
Fund. Clause 13 provides for setting up of a Dispute Resolution Committee to redress
complaints from farmers.
The Bill, therefore if enacted, will involve expenditure from the Consolidated Fund of
India. It is estimated that a recurring expenditure of about rupees two lakh crore per annum
would involve from the Consolidated Fund of India.
A non-recurring expenditure of about rupees one thousand and forty crore is also likely
to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 17 of the Bill empowers the appropriate Government to make rules for carrying
out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation
of legislative power is of a normal character.
Bill No. 269 of 2024
A Bill to constitute a National Commission for Detection and Reporting of
Cases of Atrocities and Caste Discrimination Against the Persons Belonging to
the Scheduled Castes and Scheduled Tribes 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:-
1. (1) This Act may be called the National Commission for Detection and
Reporting of Cases of Atrocities and Caste Discrimination against the Persons
Belonging to the Scheduled Castes and Scheduled Tribes Act, 2024.
Short title, extent
and
commencement.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2.(1) In this Act unless the context otherwise requires-
Definitions.
(a) "atrocity" means atrocity as defined in the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989. (Act no. 33 of 1989);
(b) "caste discrimination" means any act which results in
discrimination against a member of the Scheduled Castes or the Scheduled
Tribes in violation of any existing law, rule, sub-rule or bye laws or
regulation or absence of fair play in the process or put such member in
disadvantageous position due to his caste factor in any forn1 by any person
other than the Scheduled Castes or the Scheduled Tribes;
(c) “Commission" means the National Commission for Detection and
Reporting of Cases of Atrocities and Caste Discrimination Against the
Persons Belonging to the Scheduled Castes and Scheduled Tribes constituted
under section 3;
(d) prescribed means as may be prescribed under this Act; and
(e) "Scheduled Castes and Scheduled Tribes" shall have the meanings
as assigned to them, respectively, under clause (24) and clause (25) of article
366 of the Constitution.
2. The words and expressions used but not defined in this Act and defined in
the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or the Bharatiya Nagarik
Suraksha Sanhita, 2023 (46 of 2023) shall have the same meanings assigned to
them, respectively, in those enactments.
3. The Central Government shall, by notification in the official Gazette,
constitute a body to be known as the National Commission for Detection and
Reporting of Cases of Atrocities and Caste Discrimination against the
Persons Belonging to the Scheduled Castes and the Scheduled Tribes and to
exercise the powers conferred on, and to perform the functions assigned to,
it under this Act.
Constitution of the
National
Commission for
detection and
reporting of cases
of atrocities and
caste
discrimination
against the
Scheduled Castes
and Scheduled
Tribes.
3. The National Commission shall consist of-
(i) a Chairperson, who shall be a retired Judge of the Supreme Court
or a retired Chief Justice or a retired Justice of the High Court,
preferably belonging to the Scheduled Castes or Scheduled Tribes, or a
person who is or has been committed to the cause of welfare of the
persons belonging to the Scheduled Castes or the Scheduled Tribes, to be
nominated by the Central Government.
(ii) twenty Members to be nominated by the Central Government
from amongst persons of ability, integrity and standing who have had
experience in law or legislation, trade unionism, management of an
industry or organization committed to cause of welfare of the persons
belonging to the Scheduled Castes or the Scheduled Tribes or
administration, economic development, health, education or social
welfare:
Provided that at least fifteen Members shall be from amongst the
persons belonging to the Scheduled Castes and the Scheduled Tribes,
respectively,
(iii) a Member-Secretary to be nominated by the Central Government,
who shall be-
(i) an expert in the field of management, organizational structure
or sociological movement, or
(ii) an officer not below the rank of Joint Secretary in the Central
Government belonging to the Scheduled Castes or Scheduled Tribes ,
who holds an equivalent civil post under the Union with appropriate
experience.
4.(1) The Chairperson and every Member shall hold office for such period,
not exceeding three years, as may be specified by the Central Government in this
behalf.
Term of office and
conditions of
service of
Chairperson and
Members National
Commission
(2) The Chairperson or a Member (other than the Member-Secretary who is a
member of a civil service of the Union or of an all-India service or holds a civil
post under the Union) may, by writing and addressed to the Central Government,
resign from the office of Chairperson or of the Member, as the case may be, at
any time.
(3) The Central Government shall remove a person from the office of
Chairperson or a Member referred to in sub-section (2) if that person-
(a) becomes an undischarged insolvent;
(b) gets convicted and sentenced to imprisonment for an offence which in
the opinion of the Central Government involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the Commission, absent
from three consecutive meetings of the Commission; or
(f) in the opinion of the Central Government has so abused the position of
Chairperson or Member as to render that person's continuance in office
detrimental to the public interest:
Provided that no person shall be removed under this clause until that
person has been given a reasonable opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by
fresh nomination.
(5) The salaries and allowances payable to, and the other terms and
conditions of service of, the Chairperson and Members shall be such as may be
prescribed.
5. (1) The Central Government shall provide the Commission with such
officers and employees as may be necessary for the efficient performance of
the functions of the Commission under this Act.
Officers and other
employees of the
Commission.
(2) The salaries and allowances payable to, and the other terms and
conditions of service of, the officers and other employees appointed for the
purpose of the Commission shall be such as may be prescribed.
6. The salaries and allowances payable to the Chairperson and Members
and the administrative expenses, including salaries, allowances and pensions
payable to the officers and other employees referred to in section 5, shall be
paid out of the grants referred to in sub-section (1) of section 11.
Salaries and
allowances to be
paid out of grants
made under
section 11.
7. No act or proceeding of the Commission shall be questioned or shall be
invalid on the ground merely of the existence of any vacancy or defect in the
constitution of the Commission.
Vacancies, etc.,
not to invalidate
proceedings of the
Commission.
8.(1) The Commission may set up such number of its offices at such places,
throughout the country, as may it may consider necessary for detection and
reporting of crime of atrocities and caste discrimination against persons
belonging to the Scheduled Castes and Scheduled Tribes, from time to time;
Offices of the
Commission.
(2) The Commission shall have the power to depute such number of officers
as it may think fit for the purpose of detection and reporting of cases throughout
the country.
(3) The Officers of the Commission shall be given special assistance in
discharge of their functions by the officials of the State Governments particularly
by police officials in the States whenever such request is made in writing.
9. (1) The Commission shall meet as and when necessary and shall meet at
such time and place as the Chairperson may think fit.
Procedure to be
regulated by the
Commission.
(2) The Commission shall regulate its own procedure and the procedure of
the committees thereof.
(3) All orders and decisions of the Commission shall be authenticated by the
Member-Secretary or any other officer of the Commission duly authorized by the
Member-Secretary in this behalf.
10. The Commission shall-
Functions of the
Commission.
(i) detect and report the crime of atrocities and caste discrimination
against persons belonging to the Scheduled Castes and Scheduled Tribes to
the Home Secretary to the Central Government or State Government
concerned, as the case may be, and ensure that there is no under reporting;
(ii) send the details of cases of atrocities and caste discrimination against
persons belonging to the Scheduled Castes and Scheduled Tribes detected to
the Home Secretary of the Central Government or State Government
concerned, as the case may be, irrespective of the fact that such cases have
actually been registered by the police or not;
(iii) instill the feeling of security among the persons belonging to the
Scheduled Castes/Scheduled Tribes that they are safe to enjoy their human
rights and live their lives with dignity and respect;
(iv) sensitize the law enforcement agencies/machinery towards crimes
against persons belonging to the Scheduled Castes and Scheduled Tribes by
way of suggesting well structured training programme meetings,
conferences, workshops and seminars for police personnel and other law
enforcement against at all level;
(v) suggest material to be incorporated in the syllabi of various Police
Training Centers/ Academics at all levels for creating awareness about their
duties towards prevention of crime against weaker sections of the society
particularly persons belonging to the Scheduled Castes and Scheduled
Tribes;
(vi) suggest material to be incorporated in the syllabi of schools,
colleges, educational institutions and universities to inculcate the values of
egalitarian society in the minds of teachers and students in schools, colleges
and universities and to abolish the practice of untouchability and create
awareness amongst teachers and students about the importance of their roles
in prevention of crime against the persons belonging to the Scheduled Castes
and Scheduled Tribes;
(vii) take concrete steps to increase awareness in administration in
general at district level to increase awareness about methods of preventing
crime against persons belonging to the Scheduled Castes and Scheduled
Tribes;
(viii) take steps to improve general awareness about legislation seeking
to prevent crimes against persons belonging to the Scheduled Castes and
Scheduled Tribes by-
(a) creating awareness through print and electronic media;
(b) developing a community monitoring system to check cases of
violence, abuse and exploitation;
(c) involving community in creating and spreading awareness.
(d) organizing legal literacy and legal awareness;
(ix) ensure that proper mechanism is in place for safety and protection
of persons belonging to the Scheduled Castes and Scheduled Tribes;
(x) encourage NGOs working in the area of combating crimes against the
persons belonging to the Scheduled Castes and Scheduled Tribes and
working with the district administration and police to prevent such crime;
(xi) encourage citizens groups/civil society to create awareness about the
issues of atrocities and caste discrimination and help in bringing to light the
cases of atrocities and caste discrimination against persons belonging to the
Scheduled Castes and Scheduled Tribes and also to assist the police in
investigation of such crimes;
(xii) conduct study and suggest methods to overcome delay in
registration of First Information Report in cases of crimes against the
persons belonging to the Scheduled Castes and Scheduled Tribes;
(xiii) ensure proper supervision with the help of District Administration
and Senior Police Officer at District level for timely completion of
investigation and proper follow up of reports of cases of atrocities and caste
discrimination against the persons belonging to the persons belonging to the
Scheduled Castes and Scheduled Tribes;
(xiv) identify atrocity prone area for taking preventive measures to save
life and property of the members of the Scheduled Castes and Scheduled
Tribes communities and taking up matters with District Administration and
police officers at District level to provide adequate infrastructure in such
vulnerable areas for prevention of crimes against persons belonging to the
Scheduled Castes and Scheduled Tribes;
(xv) help in economic and social rehabilitation of victims of atrocities
and caste discrimination;
(xvi) conduct survey and studies to evaluate the working of legislations
seeking to prevent atrocities and caste discrimination with reference to the
problems being faced by police and judiciary in disposal of cases and take
appropriate measures to resolve such problems;
(xvii) forward report of extreme violation of human rights and take all
measures to prevent recurrence of such cases at initial stage;
(xviii) discuss issues resulting in delay in investigation and trial of cases
of atrocities at least once in a month compulsorily at appropriate level in the
State;
(xix) measures for swift and salutary punishment to public servants
found guilty of neglect of duty and violence against persons belonging to the
Scheduled Castes and Scheduled Tribes; and
(xx) undertake a comprehensive review of the effectiveness of the
machinery in tackling the issues of atrocities and caste discrimination
against the persons belonging to the Scheduled Castes and Scheduled Tribes;
11.(1) The Central Government shall, after due appropriation made by
Parliament by law in this behalf, pay to the Commission by way of grants
such sums of money as the Central Government may think fit for being
utilized for the purposes of this Act.
Grants by the
Central
Government
(2) The Commission may spend such sums as it thinks fit for performing
the functions under this Act, and such sums shall be treated as expenditure
payable out of the grants referred to in sub-section (1).
Accounts and audit
12. (1) The Commission shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such form as may be
prescribed by the Central Government in consultation with the Comptroller and
Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and
Auditor-General at such intervals as may be specified by him and any
expenditure incurred in connection with such audit shall be payable by the
Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him
in connection with the audit of the accounts of the Commission under this Act
shall have the same rights and privileges and the 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 the production of books, accounts, connected vouchers and other
documents and papers and to inspect any of the offices of the Commission.
(4) The accounts of the Commission, as certified by the Comptroller and
Auditor-General or any other person appointed by him in this behalf, together
with the observations of the Central Government shall be laid before each Houses
of Parliament.
13. The Commission 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
Central Government.
Annual report
14. The Central Government shall cause the annual report together with a
memorandum of action taken on the recommendations contained therein, in so
far as they relate to the Central Government, and the reasons for the non
acceptance, if any, of any of such recommendations and the audit report to be laid
as soon as may be after the reports are received, before each House of Parliament.
Annual report and
audit report to be
laid before
Parliament.
15. The Central Government shall consult the Commission on all major
policy matters affecting the persons belonging to the Scheduled Castes or
Scheduled Tribes.
Central
Government to
consult
Commission.
16. The provisions of this Act shall be in addition to and not in derogation of
any other law for the time in force.
Act not in
derogation of any
other law.
17. (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 it to be
necessary for removing the difficulty:
Power to remove
difficulties.
Provided that no order shall be made under this section after the expiry of
two 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.
18. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
Power to make
rules.
(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, Parliament or, as the case may be, the
State Legislature agrees in making any modification in the rule or agrees 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.
STATEMENT OF OBJECTS AND REASONS
Entries 1 and 2 of List II - State List to the Seventh Schedule to the Constitution mention
'Public Order' and 'Police' are the subject matter of the State Governments and Union Territory
Administrations. However article 15(4) enables the State to make special provisions for
advancement of any socially and educationally backward classes of citizens including for the
Scheduled Castes and Schedule Tribes. Article 15(3) of the Constitution enables the State to
make special provisions for women and children which includes the women and children of the
Scheduled Castes and the Scheduled Tribes communities. Article 17 abolishes the practice of
Untouchability. However, the practice of Untouchability still persists in our society. There is no
effective institutional mechanism of the Central Government at village level to prevent, detect,
register, investigate, and prosecute all the crimes against the Scheduled Castes and the
Scheduled Tribes communities. Absence of effective mechanisms to deal with cases at local
level makes the situation worse for victims. There is an abysmal rate of prosecution in cases of
atrocities. In view of the articles 15 and 17 of the Constitution central legislations such as "the
Protection of Civil Rights Act 1955 and the Scheduled Castes and Scheduled Tribe (Prevention
of Atrocities) Act l989 have been enacted to check atrocities against SCs and STs People. To
look after welfare of the Scheduled Castes and Scheduled Tribes , the National Commission for
Scheduled Castes, the National Commission for Scheduled Tribes and Parliamentary
Committee on Welfare of SCs and STs are functioning but not proving that much effective to
check the increasing the number of cases of atrocities against these communities. In the last few
years particularly from 2019 to 2021 as per National Crime Records Bureau data there is an
increasing number of atrocities against SCs and STs People. It appears that there is no
mechanism of the Central Government to prevent, detect and report all these crimes of atrocities
at village level or police station level in the States. There are also other reasons for these social
evils such as lack of awareness of legislations to prevent atrocities among civil society, local
administration, teachers, students and others. Lack of courage in public to be witness or
approver of such crimes. The Police personnel in the States are not very much sensitive to deal
with such cases properly due lack of focused training, set up caste ridden society at local level
and lack of public support in detection and reporting of cases of atrocities against the persons
belonging to the Scheduled Castes and the Scheduled Tribes. Therefore, there is an urgent need
for plugging the loopholes in our system to deal with the cases of atrocities and provide the
appropriate guidelines to be followed and implemented in the right manner. The bill seeks to
establish a National Commission with its offices at local level to prevent, detect and report the
cases of atrocities and other crimes against the SCs and STs Communities. It further provides to
strengthen and streamline time bound investigation procedures to be followed by police while
dealing such cases. The Bill also suggests ways to encourage civil society and youth in schools,
colleges and Universities to come forward to create an egalitarian society. The Bill seeks to
achieve the above objectives
Hence this Bill.
NEW DELHI; CHANDRA SHEKHAR AZAD
June 12, 2024.
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the constitution of the National Commission for
prevention, detection, and reporting of crimes of atrocities and caste discrimination against the
persons belonging to the SCs and STs Communities. Clause 5 provides for salaries and
allowances to be paid to the officer and employees of the National Commission. Clause 6
provides for salary and allowances of the Chairperson and Members of the National
Commission. Clause 10 provides for improving general awareness about legislation seeking to
prevent crimes against SCs/STs by the Commission. Clause 11 provides that the Central
Government shall, by way of an appropriation by the Parliament, provide the funds to the
National Commission. The Bill, if enacted, will involve fund from the consolidated fund of
India. It will involve rupees one hundred crore recurring amount from the consolidated fund of
India. It also requires non recurring amount of rupees one hundred crore.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 18 of the Bill provides that the Central Government shall make rules for carrying
out the purposes of the Bill. The delegation power is of a normal character.
Bill No. 151 of 2024
A Bill to provide for establishment of a modern sports infrastructure with state-of-the art facilities for various sports disciplines, training Centres and recreational amenities
in the Virudhunagar in the State of Tamil Nadu
and for matters connected therewith.
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 Establishment of Sports Infrastructure in Virudhunagar
Act, 2024.
Short title and
commencement.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,–
Definitions.
(a) “Fund” means the Virudhunagar Sports Establishment and Development Fund
constituted under section 6; and
(b) “prescribed” means prescribed by rules made under this Act.
3. (1) The Central Government shall, within six months of coming into force of this
Act shall develop State-of-the-art Sports Infrastructure in Virudhunagar district of
the State of Tamil Nadu to promote sports at grassroot level in such manner as may be
prescribed.
Establishment
of Sports
Infrastructure in
Virudhunagar.
(2) The Sports Infrastructure developed under sub-section (1) shall have
requisite stadiums, indoor and outdoor courts, swimming pools, fitness centers and
administrative buildings.
4. The Sports Infrastructure developed under sub-section (1) of section 3 shall,–
Objectives of
development
of Sports
Infrastructure.
(a) provide state-of-the-art infrastructure for training and development of sportsperson
in various sports disciplines;
(b) promote public participation in sports and physical fitness activities to enhance
overall health and well-being; and
(c) create employment opportunities and stimulate economic growth through
sports-related tourism and activities.
5. (1) The Central Government shall, by notification in the Official Gazette,
constitute a Governing Body to oversee the planning, construction, and management
of the development of Sports Infrastructure under sub-section (1) of section 3 in such
manner as may be prescribed.
Implementation
and Monitoring.
(2) The functions, composition and other terms and conditions of the Governing
Body shall be such as may be prescribed.
6. (1) The Central Government shall by notification in the official Gazette, constitute
a Fund to be known as Virudhunagar Sports Establishment and Development Fund.
Constitution of
Virudhunagar
Sports
Infrastructure
Establishment
and
Development
Fund.
(2) The Central Government shall, after due appropriation made by Parliament
by law in this behalf, grant sums of money to the Fund as the Central Government may
think fit for establishment and development of sports in Virudhunagar.
(3) The Fund may also be credited with money sourced through public-private
partnerships, grants and donations received for sports city in Virudhunagar.
(4) The Central Government shall conduct regular audit to ensure transparency,
efficiency and accountability in utilization of funds in such manner as may be prescribed.
7. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Gazette, make such provisions not inconsistent
Power to remove
difficulties.
with the provisions of this Act, as appear to it to be necessary or expedient, for removing the
difficulty:
Provided that no such order shall be issued after the expiry of a period of two
years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be
laid before the Parliament.
8. (1) The Central Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
Power to make
rules.
(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, any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.
STATEMENT OF OBJECTS AND REASONS
The Virudhunagar constituency in the State of Tamil Nadu, known for its rich cultural
heritage and vibrant community, currently lacks adequate sports infrastructure to support
the physical and recreational needs of its residents. Recognizing the significant benefits
of sports in promoting health, well-being and community spirit, there is a pressing need to
develop Sports Infrastructure in Virudhunagar.
The primary objective of this proposed legislation is to create state-of-the-art facilities
for various sports disciplines, training centres and recreational amenities. This initiative aims
to provide local athletes and enthusiasts with access to high-quality facilities for practice,
competitions and physical fitness activities. By fostering a culture of sportsmanship and
active living, the Sports will contribute to improving public health outcomes and enhancing
the overall quality of life in Virudhunagar.
Further, the development of Sports Infrastructure is expected to stimulate economic
growth by attracting sports-related tourism, creating job opportunities in sports management
and hospitality sectors and promoting local businesses. This legislation underscores our
commitment to investing in the development of youth, promoting inclusivity in sports and
strengthening community bonds through recreational activities and competitive events.
In conclusion, the development of Sports Infrastructure in Virudhunagar represents a
significant step towards realizing the constituency’s potential as a hub for sports excellence
and fostering a healthier, more active lifestyle among its residents.
Hence this Bill.
NEW DELHI; MANICKAM TAGORE B.
July 12, 2024
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for development of Sports Infrastructure in Virudhunagar
district of State of Tamil Nadu to promote sports at grassroot and competitive level.
Clause 5 provides for constitution of a Governing Body by Central Government to oversee
the planning, construction and management of the Sports Infrastructure. Clause 6 provides
for the constitution of Virudhunagar Sports Establishment and Development Fund. It also
provides for the Central Government to provide grants to the Fund. The Bill, therefore, if
enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that
a recurring expenditure of about Rupees One Thousand Crore per annum will be involved
from the Consolidated Fund of India.
A non-recurring expenditure of about Rupees One Thousand Crore is also likely to be
involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 8 of the Bill empowers the Central Government to make rules for carrying out
the purposes of this Bill. As the rules will relate to matter of details only, the delegation of
legislative power is of a normal character.
Bill No. 158 of 2024
A Bill further to amend the Special Economic Zones Act, 2005.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of Indi as
follows:–
1(1. ) This Act may be called as the Special Economic Zones (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.
2. In section 2 of the Special Economic Zone Act, 2005 (hereinafter referred
to as the principal Act), after clause (m), the following clause shall be inserted:–
Amendment of
Section 2.
28 of 2005
“(ma) “Fire Factory” means a manufacturing facility involved in production
of goods such as fireworks, chemicals or other products involved in production
of fireworks or explosion (hazards).”.
3. After section 4 of the principal Act, the following section shall be inserted,
namely:–
Insertion of new
section 4A.
“4A. (1) Notwithstanding anything contained in sections 3 and 4, there shall
be established a Virudhunagar Fire Factories Special Economic Zone
(VFFSEZ) in the Virudhunagar district in the State of Tamil Nadu to facilitate
the development, operation, maintenance, management, administration and
regulation of fire factories in Virudhunagar district.
(2) The VFFSEZ established under sub-section (1) shall,–
(a) facilitate the growth of fire factories by providing infrastructure,
incentives and a conducive regulatory environment;
(b) promote exports and attract foreign and domestic investments in the
fire manufacturing sector; and
(c) ensure strict adherence to safety protocols, environmental standards
and labour regulations within the Special Economic Zone.
(3) The provisions of this Act shall apply mutatis mutandis to the VFFSEZ
established under sub-section (1).”
STATEMENT OF OBJECTS AND REASONS
The Virudhunagar constituency in Tamil Nadu has long been recognized for
its dynamic industrial sector, particularly in the production of goods that involve
fire or explosion hazards, such as fireworks and chemicals. These industries play
a crucial role in the local economy, providing employment opportunities and
contributing significantly to the region’s economic growth.
However, the operation of fire factories inherently involves risks to worker
safety and environmental sustainability. Despite these challenges, these industries
continue to thrive and serve both domestic and international markets. Recognizing
the need to balance economic growth with stringent regulatory oversight, it is
imperative to establish a dedicated Special Economic Zone (SEZ) for fire factories
within Virudhunagar constituency.
The primary objectives of this Bill are as follows:–
1. Promotion of Economic Growth: The SEZ aims to stimulate economic activity
by providing a conducive environment for the establishment and expansion
of fire factories. It seeks to attract investments, both domestic and foreign,
in the manufacturing sector, thereby creating employment opportunities and
boosting local income levels.
2. Enhancement of Safety Standards: By designating a specific area for fire
factories, the Act intends to enforce stringent safety protocols and fire
prevention measures. This includes the implementation of state-of-the-art
technologies and infrastructure aimed at minimizing risks and ensuring the
well-being of workers and surrounding communities.
3. Environmental Sustainability: The Act underscores the importance of
environmental stewardship by mandating compliance with eco-friendly
manufacturing practices within the SEZ. It encourages the adoption of
sustainable production methods, waste management strategies, and pollution
control measures to mitigate the environmental impact of fire factory
operations.
4. Regulatory Framework: Establishing a SEZ Authority will ensure effective
oversight and enforcement of regulatory standards governing fire factories.
This includes streamlined licensing procedures, periodic inspections, and
stringent enforcement mechanisms to uphold safety, environmental, and
labour regulations.
5. Incentives for Growth: The Act proposes incentives such as tax holidays,
customs duty exemptions, and infrastructure support to incentivize
investment and facilitate the growth of fire factories within the SEZ. These
measures aim to enhance competitiveness, encourage innovation, and
facilitate the integration of global best practices in manufacturing.
The Bill, therefore, seeks to amend the SEZ, Act, 2005 with a view to establish
VFFSEZ in the Virudhunagar district in the State of Tamil Nadu.
Hence this Bill.
NEW DELHI; MANICKAM TAGORE B.
July 15, 2024
FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to provide for Establishment of Virudhunagar Fire
Factories Special Economic Zone.
The Bill, therefore, if enacted, would involve expenditure from the
Consolidated Fund of India. It is estimated that an annual recurring expenditure of
about rupees One thousand crore will be incurred from the Consolidated Fund of
India.
A non-recurring expenditure of about rupees One thousand crore would
also be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 14 of the Bill empowers the Central Government to make rules for carrying
out the purposes of the Bill. As the rules will relate to matters of detail only, the
delegation of legislative power is of a normal character.
Bill No. 156 of 2024
A Bill to exempt the State of Tamil Nadu from the National Eligibility cum
Entrance Test (NEET) for admission to undergraduate medical courses 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:–
1. (1) This Act may be called the National Eligibility cum Entrance Test (NEET)
Exemption for the State of Tamil Nadu 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.
2. In this Act, unless the context otherwise requires, “NEET” means the National
Eligibility cum Entrance Test for admission to undergraduate medical courses
conducted by the National Testing Agency.
Definitions.
3. Notwithstanding anything contained in the National Medical Commission
Act, 2019, or any other law for the time being in force, the NEET shall not be
applicable for admission to Under-Graduate Medical Courses in the State of
Tamil Nadu.
Exemption
from NEET for
admission in
Under-Graduate
Medical Courses
in the State of
Tamil Nadu.
4. Notwithstanding anything contained in any judgment, decree or order of any
Court, Tribunal or other Authority, all admissions to undergraduate medical courses
made by the State of Tamil Nadu for the academic years prior to the commencement
of this Act shall be deemed to be valid and shall not be questioned on the ground of
non-conduct of NEET in the State of Tamil Nadu.
Validation of
admissions.
5. (1) The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force.
Repeal and
Savings.
(2) Any rule or order made or any appointments or admissions made under
any law repealed by this Act shall, insofar as they are not inconsistent with the
provisions of this Act, be deemed to have been made or done under the corresponding
provisions of this Act.
6. (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 it to be
necessary for removing the difficulty:
Power to
remove
difficulties.
Provided that no such order shall be made under this section after the
expiry of a period of two 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
The National Eligibility cum Entrance Test (NEET) has been a matter of
contention in the State of Tamil Nadu, particularly regarding its impact on students
from rural and disadvantaged backgrounds. The State Government of Tamil Nadu
has consistently sought exemption from NEET to uphold the principles of social
justice and equitable access to medical education. This Bill seeks to address these
concerns by exempting the State of Tamil Nadu from the purview of NEET for
undergraduate medical admissions.
Hence this Bill.
NEW DELHI; MANICKAM TAGORE B.
July 18, 2024
FINANCIAL MEMORANDUM
Clause 5 of the Bill provides for formulation of a comprehensive insurance scheme for
vegetable produce. Clause 6 provides for payment of insurance amount to vegetable growers
in case of natural calamity or loss due to poor quality of fertilizers, pesticides and seeds.
Clause 7 provides for payment of adequate funds to the States for carrying out the purposes
of the Act. The Bill, therefore, if enacted will involve expenditure from the Consolidated
Fund of India. It is estimated that a recurring expenditure of rupees one thousand crore
would be involved per annum from the Consolidated Fund of India.
A non-recurring expenditure of about rupees one thousand crore is also likely to be
involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 8 of the Bill empowers the Central Government to make rules regarding for
carrying out the purposes of this Bill. As the rules will relate details only, the delegation
of legislative power is, therefore, of a normal character.
Bill No. 195 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. This Act may be called the Constitution (Amendment) Act, 2024.
Short title.
2. In the Eighth Schedule to the Constitution, the existing entries 17 to 22
shall be re-numbered as entries from 18 to 23, respectively, and before
entry 18 as so renumbered, the following entry shall be inserted, namely:
“17. Rajbanshi.”
Amendment of
the Eighth
Schedule.
STATEMENT OF OBJECTS AND REASONS
Language is indicative of the history, culture, people, system of governance,
ecology, politics etc. of a region. Rajbanshi is member of the Bengali-Assamese
branch of the Indo-Aryan language family. Rajbonshi/Rajbashi language is
spoken by two crore people spread over West Bengal, Assam, Northern Bihar,
Western Meghalaya in India and neighbouring countries of Bangladesh
(Northern Region), Nepal (Jhapa, Morang, Sunsari districts) and plains areas
of Bhutan. Other names of the Rajbanshi language are Kamtapuri, Rajbanga,
Rajbansi, Rajbongshi, Goalpariya and Tajpuri. The Rajbanshi language has a
complete grammar. The main dialects are Western Rajbanshi, Central Rajbanshi,
Eastern Rajbanshi and the dialect of the Rajbanshi of the hills, also known as
Koch language. Rajbanshi is written with the Devnagari alphabet. It is taught
in primary schools and used in literature, newspapers and other media.
Rajbanshi language, while being historically and traditionally very rich, is
subjected to gross neglect at the national level. This poses a risk of the language
eventually losing its existence.
There have been persistent demands from the Rajbanshi-speaking people
for inclusion of the Rajbanshi language in the Eighth Schedule to the
Constitution.
Therefore, in view of the above, in order to protect, promote and preserve
the sanctity of Rajbanshi language and protect the culture and the traditions
of the speakers of this language, and also taking into consideration the
importance of this language, it is necessary that Rajbanshi language be given
due recognition by including it in the Eighth Schedule to the Constitution.
Hence this Bill.
NEW DELHI; JAYANTA KUMAR ROY
July 15, 2024
FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to amend the Constitution (Scheduled Tribes)
Amendment Order, 1976, by amending the list of Scheduled Tribes in respect of the
State of Odisha.
The Bill, therefore, if enacted, would involve additional recurring and
non-recurring expenditure from the Consolidated Fund of India on account of benefits
likely to be provided to the welfare of the persons belonging to these tribes. It is
estimated that a recurring expenditure of about rupees three hundred crore is likely
to be involved per annum.
No non-recurring expenditure is likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 18 of the Bill provides that the Central Government shall make rules for carrying
out the purposes of the Bill. The delegation power is of a normal character.
Bill No. 142 of 2024
A Bill further to amend the Constitution (Scheduled Tribes) Order, 1950.
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 (Scheduled Tribes) Order
(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.
2. In entry 55 of the Schedule to the Constitution (Scheduled Tribes) Order, 1950,
in Part XII.- Orissa, for the words “,Jhodia Paroja,”, the words, “,Jhodia,
Jhodia Paroja,”, shall be substituted.
Amendment of
the Schedule.
STATEMENT OF OBJECTS AND REASONS
Jhodia is a prominent tribe in Kashipur block of Rayagada district with more
than one lakh population. They previously had tribal status and were getting all
Government benefits till 1997 after which they had been deprived of the Scheduled
Tribe status, thereby not receiving any benefits.
Socially and culturally, Jhodias are members of the endogamous community of Jhodia
Paraja and are very much a part of the Paraja clan. “Jhodia” needs to be included as a
synonym of “Paroja” which is notified as Scheduled Tribe at serial number-55 in
respect of State of Odisha in Scheduled Tribe list of India.
The Jhodias possess all the criteria proposed by the Lukur Committee (1965).
They resemble tribal community from the viewpoint of lifestyle, traditional culture,
primitive traits, geographical isolation, educational and economic backwardness.
Non-inclusion of their name in the ST list is depriving them of the benefits provided
by the Government. Though the State Government of Odisha has written to
Government of India to include Jhodia as a synonym of Paroja, it is a fact that their
revenue staff made clerical mistakes by writing on their Record of Rights (RoR) as
Jhodia instead of Jhodia-Paroja during land settlement.
The Bill, therefore, intends to include the “Jhodia” community from Kashipur as
the Schedule Tribes in respect of State of Odisha.
Hence this Bill.
NEW DELHI; SAPTAGIRI SANKAR ULAKA
July 18, 2024
FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to amend the Constitution (Scheduled Tribes)
Amendment Order, 1976, by amending the list of Scheduled Tribes in respect of the
State of Odisha.
The Bill, therefore, if enacted, would involve additional recurring and
non-recurring expenditure from the Consolidated Fund of India on account of benefits
likely to be provided to the welfare of the persons belonging to these tribes. It is
estimated that a recurring expenditure of about rupees three hundred crore is likely
to be involved per annum.
No non-recurring expenditure is likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 18 of the Bill provides that the Central Government shall make rules for carrying
out the purposes of the Bill. The delegation power is of a normal character.
Bill No. 145 of 2025
A Bill further to amend the Constitution of India.
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 Constitution (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.
2. In the Eighth Schedule to Constitution,—
Amendment of
the Eighth
Schedule.
(a) existing entry 6 shall be re-numbered as entry 7 and before the
entry 7 as so re-numbered, the following entry shall b inserted, namely:-
“6. Ho”; and
(b) existing entries 20 to 22 shall be re-numbered as entries from 21 to
23 and before the entry 21 as so re-numbered, the following entry shall be
inserted, namely:-
“20. Soura.”.
STATEMENT OF OBJECTS AND REASONS
There have been persistent demands from the Soura-speaking and Ho-speaking
people for the inclusion of the Soura and Ho language in the Eighth Schedule to the
Constitution. At present Soura is a language spoken by Soura people which is an ethnic
group in eastern India, mainly concentrated in the State of Odisha. Soura is also
recognized as an endangered language by UNESCO. On the other hand, Ho is spoken
by the Ho tribal people living in the Kolhan region encompassing the State of
Jharkhand, Odisha, West Bengal and Assam. These Language have a rich ethnic and
phylogenetic vocabulary which needs to be preserved. The Bill seeks to give effect to
the same.
The Bill, therefore, seeks to amend the Constitution with a view to include “Ho”
and “Soura” language in the Eighth Schedule to the Constitution.
Hence this Bill.
NEW DELHI; Saptagiri Sankar Ulakar
November 7, 2024.
SAPTAGIRI SANKAR ULAKA
FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to amend the Constitution (Scheduled Tribes)
Amendment Order, 1976, by amending the list of Scheduled Tribes in respect of the
State of Odisha.
The Bill, therefore, if enacted, would involve additional recurring and
non-recurring expenditure from the Consolidated Fund of India on account of benefits
likely to be provided to the welfare of the persons belonging to these tribes. It is
estimated that a recurring expenditure of about rupees three hundred crore is likely
to be involved per annum.
No non-recurring expenditure is likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 18 of the Bill provides that the Central Government shall make rules for carrying
out the purposes of the Bill. The delegation power is of a normal character.
Bill No. 78 of 2025
A Bill to provide for the protection of healthcare professionals and clinical
establishments from violence, harassment, and damage or loss to property in the
course of their duty and for matters connected therewith or incidental thereto.
WHEREAS, acts of violence causing injury or danger to life of healthcare
professionals and damage or loss to the property of clinical establishments are on
the increase in the country creating unrest among healthcare professionals
resulting in hindrance to healthcare services in the country;
And Whereas, to protect healthcare professionals and clinical establishments
from violence, it has become necessary to prohibit such acts of violence, to
provide for punishment by making such acts of violence as cognizable and
non-bailable offence and to provide compensation for injury to healthcare
professionals or for causing damage or loss to the property of clinical
establishments;
Be it enacted by Parliament in the Seventy-sixth Year of the Republic of India
as follows:—
1. (1) This Act may be called Healthcare Professionals and Clinical
Establishments (Prevention of Violence) Act, 2025.
Short title,
extent and
commencement.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
Definitions.
(a) “by-stander” means an observer, on-looker, spectator or any other
person ordinarily present at ‘locus-delicti’ irrespective of his affinity to the
doctor, medical professional or the medical institution in question; and suffers
any loss or damage by virtue of his presence at the place of offence;
(b) “clinical establishment” means the clinical establishment as defined
under clause (c) of section 2 of the Clinical Establishments (Registration and
Regulation) Act, 2010;
23 of 2010
(c) “damage” includes loss or harm to property, whether in whole or in
part, without taking possession of the property that renders it inadequate for its
designated purpose or wholly or partially incapable of performing its function;
(d) “healthcare professional” means a registered medical or dental or
alternative medicine practitioners including those having provisional registration
by any recognized body by the Government of India as well as all those persons
who practice or profess services associated to medical profession including
those of nurses, radiologists, technicians, medical social workers, pharmacists,
medical administrators, para-medical staff and practitioners including those
seeking or imparting medical education, as the case may be;
(e) “patient” means any recipient of healthcare services;
(f) “prescribed” means prescribed by rules made under this Act;
(g) “property” means any property movable or immovable, medical
equipment or machinery; owned by or in possession of or under the, control of
any healthcare professional or clinical establishment; and
(h) “violence” means includes any of the following acts committed by any
person or persons against healthcare professional in the course of their duty,
which causes, may cause or attempts to cause,—
(i) physical or mental harm, injury, intimidation, threat to life, including
verbal abuse;
(ii) acts inciting online or digital harassment, including doxxing,
trolling, threats, or coordinated campaigns inciting violence;
(iii) endangers the safety of or causes obstruction or hindrance to
any healthcare professional in discharge of their duties either within the
premises of a healthcare institution or otherwise; and
(iv) loss or damage to any property or documents in the custody of, or
in relation to, such healthcare professional or clinical establishment.
3. No person shall indulge in any act of violence against a healthcare professional
or cause any damage or loss to property owned by or under the care of healthcare
professional or in connection with or incidental to their activities in a clinical
establishment.
Prohibition
of violence or
damage to
property.
4. Any offence committed under this Act shall be cognizable and non-bailable
and triable by the Court of Judicial Magistrate of the First Class.
Cognizance of
offence.
5. (1) Whoever, commits or attempts to commit or abets or incites the
commission of any act of violence in infringement of the provisions of section 3,
shall be punished with imprisonment which shall not be less than three years but
which may extend up to ten years and with fine which shall not be less than rupees
fifty thousand but which may extend upto rupees twenty lakh in addition to recovery
of the entire damage to the property or belonging of all concerned including the
by-standers if any, in actual.
Penalty and
compensation.
(2) Whoever, commits or attempts to commit or abets or incites the commission
of any act of violence causing grievous hurt or death of healthcare professional,
shall be punished with imprisonment which shall not be less than seven years but
which may extend to life imprisonment, and with fine which shall not be less than
rupees five lakh but which may extend upto rupees fifty lakh in addition to recovery
of the entire damage to the property or belonging of all concerned including the
by-standers if any, in actual.
(3) If the convicted does not pay or is financially incompetent to pay the penalty
at that time it shall be recovered as if it were an arrear of land revenue under the
Revenue Recovery Act, 1890.
1 of 1890
6. Where it is established at any stage that no violation of the provisions of
this Act was committed and the charge levied against the accused was false and
malicious, the person levelling such false charge shall be prosecuted under the
relevant provisions of the Bhartiya Nyaya Sanhita, 2023.
Punishment for
false charge.
45 of 2023
7. In addition to any other responsibility of a clinical establishment or a
healthcare professional under any law for the time being in force, it shall be the
responsibility of each clinical establishment to,—
Responsibilities
of clinical
establishments.
(a) take all necessary measures to prevent violence and harassment against
healthcare professionals in the course of their duty, which includes measures
such as to install CCTV surveillance, emergency alarms, trained security
personnel, or other such security measures;
(b) establish a mechanism for reporting incidents of violence and harassment
against healthcare professionals; and
(c) provide necessary support and assistance to healthcare professionals
who are victims of violence or harassment in the course of their duty.
8. The Central Government shall, —
Measures for
supporting
healthcare
professionals.
(a) establish a National Helpline for reporting violence against
healthcare professionals and clinical establishments;
(b) create awareness about mental health and illness and for reducing
the stigma associated with mental illness among healthcare professionals;
(c) encourage healthcare professionals to seek support and care for their
mental health, to help such professionals identify risk factors associated
with suicide and mental health conditions, and to help such professionals
learn to respond to such risks, with the goal of preventing suicide and
mental health conditions under the Mental Healthcare Act, 2017;
(d) set up peer support groups among healthcare professionals and
provide mental healthcare and follow-up services, as appropriate; and
(e) conduct a review on improving healthcare professionals’ mental
health and the outcomes of programs authorized under this Act.
9. The provisions of this Act and rules made thereunder shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the
time being in force.
Act to have
overriding
effect.
10. The provisions of this Act shall be in addition to and not in derogation of
any other law for the time being in force.
Act to
supplement
other laws.
11. The Central Government shall, after due appropriation made by
Parliament by law in this behalf, provide, from time to time, adequate funds
for carrying out the purpose of this Act.
Central
Government to
provide funds.
12. (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 it to be
necessary for removing the difficulty:
Power to
remove
difficulties.
Provided that no order shall be made under this section after the expiry of a
period of two 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.
13. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
Power of
Central
Government to
make rules.
(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; so, however that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
STATEMENT OF OBJECTS AND REASONS
Access to quality health services is a right of every Indian citizen, with
investments made in medical education, and medical facilities. Since independence,
health services have made tremendous progress in India. India’s healthcare workforce
has already exceeded 6 million as of 2024, and anticipated to experience further
growth. Yet the issues faced by the healthcare workers: doctors, nurses and medical
practitioners alike, have been rarely addressed. The Indian healthcare workforce
is in a state of deep crisis, characterised by extremely long working hours, low
income, severe lack of safety and general apathy from the public.
The Indian Medical Association (IMA) estimates that 75 percent of all doctors
face some form of verbal and physical abuse during their service, with cases of
violence severely underreported. High risk of violence makes it difficult for our
medical staff to provide care, thereby, reducing healthcare access for the common
man. The increasing violence against healthcare professionals must be addressed
on a priority basis.
Existing, legislative framework, including the central level and State level laws,
including the Bhartiya Nyaya Sanhita, 2023 and Bhartiya Nagarik Suraksha Sanhita,
2023, fail to comprehensively addresses this issue. While ‘Health’ and ‘Law and
Order’ are State subjects, the Parliament is competent to legislate on matters related
to ‘Legal, Medical and other professions’ as listed in Entry 26, List 3 (Concurrent
List) of the Seventh Schedule to the Constitution of India.
This, therefore, necessitates a comprehensive central legislation to provide for
safety and security of healthcare professionals in the country.
The proposed Bill would enable for the establishment of a mechanism for the
protection and compensation of healthcare professionals who are victims of violence
or harassment, and imposes obligation on clinical establishments to prevent and
report such incidents.
By creating a framework that prevents violence, supports victims, and holds
offenders accountable, this Bill not only enhances the quality of healthcare services
but also protects the fundamental rights and safety of those working in the healthcare
sector.
Hence this Bill.
New Delhi; BACHHAV SHOBHA DINESH
July 4, 2025.
FINANCIAL MEMORANDUM
Clause 8 of the Bill provides for special measures for supporting healthcare
professionals such as establishment of a National Helpline for reporting of
violence against healthcare professionals and clinical establishments and
creating awareness about mental health and illness and reducing the stigma
associated with mental health and illness among healthcare professionals. Clause 11
provides that the Central Government shall, after due appropriation made by
Parliament by law in this behalf, provide, from time to time, adequate funds for
carrying out the purpose of this Act. The Bill, therefore, if enacted and brought
into operation, will involve expenditure from the Consolidated Fund of India.
It is estimated that a recurring expenditure of estimated a sum of rupees one
hundred crore per annum.
A non-recurring expenditure of about rupees one hundred crore is also
likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 13 of the Bill empowers the Central Government to make rules for
carrying out the purposes of this Bill. As the rules will relate to matters of detail
only, the delegation of legislative power is of a normal character.
Bill No. 156 of 2025
A Bill further to amend the Constitution
of India.
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 Constitution (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.
2. After article 21A of the Constitution, the following article shall be inserted,
namely:–
“21B. The State shall secure the right to safer roads to all citizens by
adopting and enforcing comprehensive measures including emergency
medical and trauma facilities for road safety and prevents road traffic
injuries and fatalities in such manner as the State may by law, determine.”.
Insertion of new
article 21B.
Right to safer
roads.
STATEMENT OF OBJECTS AND REASONS
Road safety and fatalities resulting from it is a critical public concern in India,
with the nation experiencing an alarming rate of road crashes and fatalities that far
exceed many other public health crises. With over 1.68 lakh lives lost annually from
road crashes, this poses a significant threat to the right to life and personal liberty, as
guaranteed under Article 21 of the Indian Constitution. India has pledged to achieve
SDG 3.6, that is, to reduce road crashes and deaths by 50 per cent by 2030. This
singular issue of unsafe roads takes more lives than HIV and Malaria combined in
India.
Further, the 2022 Road Accidents in India Report reveal that approximately
45% of the accidental deaths in the country, amounting to 36.5 lakh people, died
without receiving any medical attention, this is a stark reminder of the urgent need to
address the deficiencies in our current healthcare infrastructure. The 2021 report of
NITI Aayog and AIIMS found that 30% mortalities were due to delayed emergency
care, 98.5% of ambulance runs were made only transporting dead bodies, 90% of
ambulances were functioning without any equipment/oxygen, 95% of ambulances
had untrained personnel and most ED doctors had no formal training in EMS.
The judiciary has repeatedly underscored the criticality of road safety and
trauma care. In Ratan Singh vs. State of Punjab (1980 AIR 84), the Supreme Court
called Indian roads “death traps” and emphasized on the need for stringent road
safety measures. In MC Mehta vs. Union of India (13029 of 1985), the Court noted
road safety as the fundamental right to life under Article 21, emphasizing that public
safety measures should override individual rights when necessary. Similarly, on
its own motion vs. State of NCT of Delhi [WP (CRL) 878/2007] the Delhi High
Court took proactive steps to phase out dangerous Blue Line buses highlighting the
precedence of the right to life (Article 21) over the right to conduct business [Article
19(1)(g)], emphasizing that public safety and the right to life are paramount. In
Pt. Parmanand Katara vs. Union of India (1989) and Paschim Banga Khet Mazdoor
Samity & others vs. State of West Bengal & Another, the court has interpreted
emergency medical care as a right under Article 21.
Despite these judicial pronouncements, the enforcement of road safety measures
and development of a comprehensive trauma care framework remains inconsistent,
and existing laws have not adequately curbed the growing menace. The courts have
also emphasized that legislative and policy measures are imperative to address the
systemic issues effectively. Therefore, the proposed bill seeks to recognize the Right
to Safer Roads and Right to Trauma Care as a fundamental right for every citizen
of India. Establishing this right will mandate that road safety is given paramount
importance, not merely as a matter of policy but as an enforceable constitutional
guarantee.
Hence this Bill.
New Delhi; KRISHNA PRASAD TENNETI
January 3, 2025.
FINANCIAL MEMORANDUM
Clause 2 of the Bill vide proposed article 21B provides for right to safer roads to
all citizens by adopting and enforcing comprehensive measures that guarantee road
safety and prevent road traffic injuries and fatalities. The Bill, if enacted, would
involve expenditure from the Consolidated Fund of India. It is likely to involve
a recurring expenditure of about rupees fifteen thousand five hundred crore per
annum.
A non-recurring expenditure of about rupees one lakh twenty thousand crore is
also likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 13 of the Bill empowers the Central Government to make rules for carrying out
the purposes of this Bill. As the rules will relate to matters of detail only, the delegation
of legislative power is of a normal character.
Bill No. 167 of 2025
A Bill further to amend the Constitution of India.
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 Constitution (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.
2. In article 243G of the Constitution for the words, “economic development
and social justice”, the words, “economic development, spatial planning and social
justice”, shall be substituted.
Amendment of
article 243G.
3. In the Eleventh Schedule to the Constitution,—
Amendment
of the
Eleventh
Schedule.
(a) in entry (2), for the words, “and soil conservation”, the words, “soil
conservation, regulation of land use and construction of buildings”, shall be
substituted;
(b) in entry 23, for the words, “primary health centres and dispensaries”, the
words, “primary health centres, dispensaries and solid waste management”, shall be
substituted; and
(c) after entry 29, the following entry(s) shall be inserted, namely:—
“30. Rural planning.
31. Planning for economic and social development.
32. Fire services.”.
STATEMENT OF OBJECTS AND REASONS
India had more than 6,49,481 villages with a population of 83 per cent. of the
total India’s population in 2011. In fact, the Census of India 2011 enumerated a total
of 3894 Census towns, which are villages but had all the characteristics of urban
area. Researchers projected this Census Towns will grow upto 17.93 million with an
additional 2231 Census Towns in 2021.
The 73rd Constitutional Amendment Act of 1992, mentions about the
responsibility of Gram Panchayats, to prepare the social, economic and resource
plans for rural areas, but not preparation of spatial plans. Spatial plans are prepared
for urban areas popularly known as Master or Development Plans and notified
under the respective State Town and Country Planning Acts. These Acts in their
title include Country Planning, but in reality, there is rarely provision for preparing
Development Plans for village. Many of the States do not even mention about the
rural spatial planning in the respective Town and Country Planning Act.
Therefore, the rural areas are devoid of planned spatial development. The
absence of planned spatial development in rural areas, especially in peri-urban areas,
and in major highway corridors, has major impact on regional development and
within the Metropolitan areas as well. Lack of access to basic infrastructure (social,
economic and physical) without spatial planning leads to high cost of urbanization
and retrofitting for provision of services at a later stage.
Some States have come out with rules and regulations to bring about planned
spatial development supported under RURBAN Mission, MANCHITRA and
SVAMITVA schemes. It is imperative to provide statutory backing to planned
spatial development of rural areas.
Well-designed rural communities & areas are places where people want to live
and invest in the future. The proposed Bill would enable, holistic and cohesive
planned spatial development in the rural areas which house over two-thirds of the
country.
Hence this Bill.
New Delhi; BACHHAV SHOBHA DINESH
July 4, 2025.
FINANCIAL MEMORANDUM
Clause 4 of the Bill provides for constitution of a committee of archaeological
experts and scholars, for the purpose, identification, conservation and preservation
of heritage sites, natural sites, etc. Clause 8 of the Bill makes it obligatory for the
Central Government to provide requisite fund for carrying out the purposes of this
Act. The expenditure to be incurred depends upon number of heritage sites to be
identified for the purpose of conservation and maintenance. Therefore, the Bill, if
enacted, will involve expenditure from the Consolidated Fund of India. However, it
is not possible at this stage to estimate the actual financial expenditure that is likely
to be incurred.
No non-recurring expenditure is likely to be involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 9 of the Bill empowers the Central Government to make rules for carrying
out the purposes of this Bill. As the rules will relate to matter of details only, the
delegation of legislative power is, therefore, of a normal character.
Bill No. 40 of 2025
A Bill to provide for the compulsory periodical desiltation of dams, reservoirs,
rivers and such other water bodies and an institutional mechanism by establishing
a National Authority to ensure timely and periodical
desiltation of such water bodies in the country to increase
their water holding capacity and ensure smooth
flow of water which will reduce the
incidence of floods 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:–
1. (1) This Act may be called the Compulsory Periodical Desiltation of Dams,
Reservoirs and Rivers Act, 2025.
Short title,
extent and
commencement.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
Definitions.
(a) “appropriate Government” means in the case of a State, the
Government of that State, and in all other cases, the Central Government;
(b) “Authority” means the National Desiltation Authority of India
established under section 3;
(c) “Dam” means any artificial barrier and its appurtenant structure
constructed across rivers or tributaries thereof to impound or divert water
which also include barrage, weir and similar water impounding structures;
(d) “desiltation” means removing of sediments of rocks and clay
deposited by flowing stream of water in a river, dams and other water bodies;
(e) “prescribed” means prescribed by rules made under this Act; and
(f) “reservoir” in relation to a dam shall mean any spread of water
impounded by such a dam.
3. (1) The Central Government shall, within a period of sixty days from
the date of commencement of this Act, by notification in the Official Gazette,
establish for the purposes of this Act, an Authority to be known as the National
Desiltation Authority of India for carrying out the purposes of this Act.
Establishment
of National
Desiltation
Authority of
India.
(2) The Authority shall be a body corporate, by the name aforesaid, having
perpetual succession and a common seal with power to acquire, hold and
dispose off properties, both movable and immovable, and to contract, and
shall, by the said name, sue or be sued.
(3) The headquarters of the Authority shall be at Deoghar in the State of
Jharkhand and the Authority may also establish offices at other places in India.
(4) The Authority shall consist of a Chairperson, a deputy Chairperson and
four other members having such qualifications and experience to be appointed
by the Central Government in such manner as may be prescribed.
(5) The salaries and allowances payable to and other terms and conditions
of service of the Chairperson, Deputy Chairperson and other members shall be
such as may be prescribed.
(6) The Authority shall have its own Secretariat headed by a Secretary
and such number of officers and staff as may be necessary for the efficient
functioning of the Authority.
(7) The salaries, allowances payable to and other terms and conditions
of service of the Secretary, other officers and staff shall be such as may be
prescribed.
(8) The Authority shall comply with such directions, as may, from time to
time, be given to it by the Central Government.
(9) The Authority shall meet at such times and places and shall observe
such rules of procedure in regard to the transaction of business at its meetings
in the manner as may be prescribed.
4. (1) The Authority shall,–
Functions of
the Authority.
(i) prepare a list of dams, reservoirs and rivers in the country and chalk
out a programme for desiltation of each of these dams, reservoirs and rivers;
(ii) prescribe norms for desiltation, prioritisation of works, proper
surveillance and inspection; and
(iii) ensure that every dam, reservoir and river undergoes desiltation
process at least once in every five years.
(2) Without prejudice to the generality of the provisions, contained in
sub-section (1), the Authority shall make all endeavours to,—
(a) make provision for machinery, vehicles and necessary infrastructure
required for desiltation works;
(b) hire services of experts in the field of desiltation works in consultation
with Dredging Corporation of India;
(c) suggest measures for the use of silt which will be generated after the
desiltation works; and
(d) make provisions for safety, emergency action plan and such other
measures, as may be prescribed, during the desiltation works undertaken by
the Authority.
5. It shall be the duty of the appropriate Government to extend requisite help,
manpower and assistance to the Authority, as and when required by it.
Appropriate
Government to
extend required
help to the
Authority.
6. (1) The Authority shall prepare once in every year, in such form and at such
time as may be prescribed, an annual report giving a true and full account of its
activities during the previous financial year and submit a copy thereof to the Central
Government.
Annual Report.
(2) The Central Government shall, as soon as may be, cause the annual report to
be laid before each House of the Parliament.
7. The Central Government shall, after due appropriation made by
Parliament by law in this behalf, provide to the Authority by way of grants
such sums of money as may be required for the effective implementation of the
provisions of this Act.
Central
Government to
provide funds.
8. 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.
Act to supplement
other laws.
9. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
Power to make
rules.
(2) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of the 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 the 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; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that rule.
STATEMENT OF OBJECTS AND REASONS
Our country has many rivers and there are several cities and villages near their
banks. These rivers give much required water for drinking and other purposes and
for irrigation purposes to grow crops in major parts of the country. On many rivers,
dams have been constructed to generate hydro-power to meet the power demands
of our vast nation. The water stored in these dams is also used for drinking and
irrigation purposes.
Similarly, large number of reservoirs have been constructed across the country
which store rainwater which is used for drinking and other purposes. For instance,
Jharkhand is at large dependent on nearby reservoirs for its daily water supply and
so is the case of other States also.
However, the holy rivers which provide water for our lifeline also bring havoc
and destructions through floods. One of the main reasons for flooding of these rivers
is deposit of huge quantities of silt in their bed which reduces their water holding
capacity resulting in floods.
Similarly, large quantities of silt deposited in dams and reservoirs across the
country which has substantially reduced their capacity to hold water in them. As
a result, for instance, when summer approaches the water level in reservoirs goes
down substantially resulting in severe water crisis and this happens almost every
year. Since the rivers, dams, reservoirs and big water bodies in the country are never
desilted, the situation is becoming from bad to worse. Floods are causing huge
losses of human lives, properties, crops, livestock and bring miseries to the people
year after year. Similarly, huge deposits of silt in dams and reservoirs is causing
severe water crisis for drinking as well as irrigation purposes. Hence, it has become
utmost necessary to carry out periodical for periodical desiltation of rivers, dams
and reservoirs in the country. It is felt that every river, dam and reservoir must be
desilted once in every five years. For this purpose, an Authority be established at the
national level to ensure desiltation of these water bodies as per time schedule.
Hence, this Bill.
NEW DELHI; NISHIKANT DUBEY
22 January, 2025.
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for the establishment of National Desiltation
Authority of India. Clause 7 makes it mandatory for the Central Government to
provide required funds to the Authority. The Bill, therefore, if enacted, will involve
expenditure from the Consolidated Fund of India. It is estimated that a sum of rupees fifty thousand
crore will involve as recurring expenditure per annum from the Consolidated Fund
of India.
A non-recurring expenditure to the tune of rupees one lakh crore will also be
involved from the Consolidated Fund of India.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 9 of the Bill empowers the Central Government to make rules for
carrying out the purposes of the Bill. As the rules will relate to matters of detail
only, the delegation of legislative power is, therefore, of a normal character.
Bill No. 85 of 2025
A Bill to provide for social security and welfare measures to orphan
children and for matters connected therewith.
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 Orphan Children (Social Security and Welfare) 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.
2. In this Act, unless the context otherwise requires,—
Definitions.
(a) "appropriate Government" means in the case of a State, the Government of the
State and in all other cases, the Central Government;
(b) "child" means a child who has not completed the age of eighteen years;
(c) "foster care home" means foster care home established under section 8; and
(d) "orphan child" means a child who has been abondoned or has lost both parents
or whose parents' identity is not known and includes a child who is not part of a family
either natural or foster;
(e) “prescribed” means prescribed by rules made under this Act.
3. (1) The Central Government shall, in consultation with State Governments,
conduct and publish the survey of orphan children after every ten years alongwith
census.
Central
Government to
conduct survey
of orphan
children.
(2) The survey conducted under sub-section (1) shall include-
(a) socio-economic status of orphan children;
(b) data on the cause and effect of becoming orphans;
(c) demographic profile of orphan children; and
(d) performance appraisal of existing orphan children welfare schemes and
programs.
4. (1) The Central Government shall, within one year of the publication of the
survey under section 3, formulate a National Policy for the welfare of orphan children.
National policy
for welfare of
orphan children.
(2) Without prejudice to the generality of the foregoing provisions, the National Policy
referred to in sub-section (1) may provide for—
(a) placing orphan children in a family setting either through reunion with their
natural parents or relatives or through adoption by foster ones;
(b) establishment of a robust system of institutional care for orphan children who
are unable to be reintegrated in a family setting;
(c) evolution of a preventive approach to the phenomenon of children becoming
orphans;
(d) development of a tracking system for identification of families of abandoned
children to facilitate reunification;
(e) development of psychological and other support system to prevent abandoning
of children by parents due to poverty, deprivation and other such factors;
(f) universalising the Cradle Baby Reception Centre scheme and its mandatory
inclusion in every public health centre in the country;
(g) counseling facilities at the Cradle Baby Reception Centers to link parents to
relevant welfare schemes;
(h) simplification and reform of the adoption system by foster parents;
(i) conducting awareness campaigns in high risk districts informing the parents
about the Governmental assistance;
(j) training and capacity building to health workers to cater to the complex
psycho-social needs of orphan children;
(k) specialised attention to orphan children suffering from vulnerable diseases like
HIV and other communicable diseases and to orphan children living in militancy and
naxalism affected areas;
(l) post-institutional support to ensure education, skill training and livelihood to
orphan children;
(m) grants-in-aid to foster care homes and Non-Governmental Organisations
working for the orphan children;
(n) stringent monitoring of foster care institutions to prevent any kind of emotional,
physical or sexual abuse of orphan children;
(o) strict and swift punishment to child abusers in foster care institutions;
(p) issuance of single and multi-purpose 'orphan certificate' containing therein, if
available, such information as date of birth, nativity, parental status and family surname
to ensure enjoyment of legal rights, entitlements and benefits;
(q) linkage of all orphan-related agencies such as cradle baby centres, adoption
centres and foster care homes with authorities that issue orphan certificates;
(r) promoting awareness about legal rights and entitlements of orphan children; and
(s) such other provisions as may be deemed necessary and expedient for carrying
out the purposes of this Act.
5. It shall be the duty of the appropriate Government to implement the National Policy
for welfare of orphan children formulated under section 4.
Appropriate
Government to
implement the
National policy.
6. (1) The Central Government shall, as soon as may be, by notification in the
Official Gazette, constitute a Fund to be known as the Orphan Children Welfare Fund
for the purposes of this Act with an initial corpus of rupees two thousand crores, to be
provided by the Central Government, after due appropriation made by Parliament
by law in this behalf.
Constitution of a
Orphan Children
Welfare Fund.
(2) The Fund shall also include,—
(a) contributions made by the Central Government and State Governments in
such ratio, as may be prescribed;
(b) moneys received by way of donations, contributions, assistance or otherwise
from individuals, body corporates, domestic and foreign financial institutions.
(3) The Fund shall be utilised for rehabilitation and welfare of orphan children covered
under this Act in such manner as may be prescribed.
7. There shall be three per cent. reservation in educational institutions and in posts and
services under the Central Government for orphan children.
Reservation
in Educational
Institutions and
in posts and
services.
8. (1) The appropriate Government shall establish such number of foster care
homes as may be necessary for the purposes of this Act.
Establishment
of foster care
homes.
(2) The foster care homes established under sub-section (1) shall provide free of
cost boarding and lodging and such other facilities to the orphan children as may be
prescribed.
9. (1) The appropriate Government shall designate a nodal officer in every district to
ensure effective implementation of all the schemes and policies meant for welfare of orphan
children;
Nodal officer to
ensure welfare
schemes in
every district.
(2) Every nodal officer shall submit to the appropriate Government an annual report
containing such details, as may be prescribed, of welfare measures provided to orphan
children in the district.
(3) The appropriate Government shall, if satisfied that schemes and policies are not
being implemented properly, remove from the office the nodal officer for dereliction of
duty:
Provided that no criminal proceedings shall be instituted against the nodal officer who
is removed from office.
10. The Central Government shall, after due appropriation made by Parliament,
by law in this behalf, provide adequate funds to the State Governments for carrying
out the purposes of this Act.
Central
Government to
provide funds.
11. The provisions of this Act and rules made thereunder shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force.
Overriding
effect of the Act.
12. The provisions of this Act shall be in addition to and not in derogation of any other
law for the time being in force.
Act not in
derogation of
any other law.
13. (1) The Central Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
Power to make
rules.
(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; so, however that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.
STATEMENT OF OBJECTS AND REASONS
At present, there exists no dedicated or comprehensive legislation in India that addresses
the specific challenges faced by orphaned children. As a consequence, these children are
often subjected to various hardships, with the absence of legal identity being the most
pressing. This lack of identity hampers their ability to participate in civic life and prevents
them from accessing essential public services, welfare schemes, and statutory entitlements.
The absence of identity is not merely an administrative gap but reflects a deeper neglect
of the rights and needs of orphaned children—particularly those who are at a heightened
risk of abuse, exploitation, trafficking, and neglect. The proposed Bill seeks to establish a
robust legislative framework that recognizes orphaned children as a distinct and vulnerable
category requiring urgent and sustained support.
Hence this Bill.
New Delhi; SMITA UDAY WAGH
July 7, 2025.
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for survey of orphan children. Clause 4 provides for
formulation of a national policy for the welfare of orphan children. Clause 6 provides for
constitution of an Orphan Children Welfare Fund. Clause 8 provides for establishment of
foster care homes to provide free food, lodging and other requisite amenities to orphans.
Clause 10 provides that the Central Government shall provide adequate funds to the State
Governments for carrying out the purposes of the Act. The Bill, therefore, if enacted, would
involve expenditure from the Consolidated Fund of India. It is estimated that a sum of
rupees two thousand crore would be involved as recurring expenditure per annum.
A non-recurring expenditure of about rupees twenty thousand crore is also likely to be
involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 13 of the Bill empowers the Central Government to make rules for carrying
out the purposes of this Bill. As the rules will relate to matters of detail
only, the delegation of legislative power is of a normal character.
Bill No. 90 of 2025
A Bill further to amend the Protection of Women from Domestic Violence Act, 2005.
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 Protection of Women from Domestic Violence
(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.
2. In Section 5 of the Protection of Women from Domestic Violence Act, 200505 hereinafter
referred to as the principal Act), after clause (e), the following clauses shall be inserted,
namely:—
Amendment of
Section 5.
43 of 2005.
‘‘(f) of the available Self-help Groups in his jurisdiction and provide her access to
such groups;
‘‘(g) of the National Skill India Policy and connect her to one of the Schemes;”.
3. In section 9 of the principal Act, in sub-section (1), after clause (h), the following
clause shall be inserted, namely:
Amendment of
Section 9.
‘‘(ha) to ensure that the aggrieved person is provided access to Self-help Groups and
National Skill India Policy Schemes;”.
STATEMENT OF OBJECTS AND REASONS
As per recent data published by the National Crime Records Bureau (NCRB), the
incidents of crime against women have consistently shown an upward trend over the
past decade. The data indicates that, on average, a crime against a woman is committed
approximately every three minutes. Moreover, studies suggest that between 50 to 70 per
cent of women experience some form of domestic violence during their lifetime. However,
only a small fraction — around 2 per cent — are able to formally report such crimes to law
enforcement agencies.
This significant gap between the actual incidence of domestic violence and its reporting
is a matter of grave concern. One of the key factors, as identified by multiple research
studies, is the economic dependence of women on their male partners or families, which
prevents them from seeking legal recourse or escaping abusive environments. In
particular, the inclusion of Self-Help Groups (SHGs) and initiatives under the National Skill
Development Mission can play a transformative role by offering financial independence and
vocational opportunities to survivors.
The Bill, therefore, proposes to amend the Protection of Women from Domestic
Violence Act, 2005, to ensure that women subjected to domestic violence are given direct
access to financial empowerment tools, including SHGs and national skill development
schemes, thereby enabling them to rebuild their lives with dignity and security.
Hence this Bill.
OMPRAKASH BHUPALSINH ALIAS
PAVAN RAJENIMBALKAR
New Delhi
July 7, 2025
FINANCIAL MEMORANDUM
Clause 3 of the Bill provides for survey of orphan children. Clause 4 provides for
formulation of a national policy for the welfare of orphan children. Clause 6 provides for
constitution of an Orphan Children Welfare Fund. Clause 8 provides for establishment of
foster care homes to provide free food, lodging and other requisite amenities to orphans.
Clause 10 provides that the Central Government shall provide adequate funds to the State
Governments for carrying out the purposes of the Act. The Bill, therefore, if enacted, would
involve expenditure from the Consolidated Fund of India. It is estimated that a sum of
rupees two thousand crore would be involved as recurring expenditure per annum.
A non-recurring expenditure of about rupees twenty thousand crore is also likely to be
involved.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 13 of the Bill empowers the Central Government to make rules for carrying out
the purposes of this Bill. As the rules will relate to matters of detail only, the delegation
of legislative power is of a normal character.
Bill No. 83 of 2025
A Bill to provide for the protection of working women against discrimination and to
ensure that essential facilities such as crèche service, recreational amenities,
maternity benefits, hostel and transport support are available to working women and
also to mandate for welfare measures by the employers to improve the state
for the women employees working in Government establishments; public
sector undertaking including banks and ports, educational institutions
including universities, colleges and schools; as well as in factories,
mines, plantations, agricultural lands, orchards and other
such work places; 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:—
1. (1) This Act may be called the Women Workforce (Support and Welfare) Act,
2025.
Short title,
extent and
commencement.
(2) It extends to the whole of India.
(3) It shall come into force with immediate effect.
2. In this Act, unless the context otherwise requires,—
Definitions.
(a) “appropriate Government” means in the case of a State, the Government
of that State and in other cases, the Central Government;
(b) “child” means a male or female of the age below eighteen years and
includes a still born child;
(c) “employer” means,—
(i) in relation to an establishment which is under the control of
an appropriate Government, the person or authority appointed by the
appropriate government for the supervision and control of the employees or
where no person or authority is so appointed, the head of the establishment.;
(ii) in relation to an establishment under any local self-government or
authority, the person appointed by such authority or local self-government
for the supervision and control of the employees or where no person is so
appointed, the Chief Executive Officer by whatever name called by the
local self-government or the authority, as the case may be;
(iii) in other cases, the person who or the authority which has the
ultimate control over the affairs of the establishment;
(d) “establishment” include an office of the appropriate Government, quasi
government or department including telegraph office, post office, telephone
exchange, a mine, a plantation, an agricultural field, a hospital or nursing home,
a shop or any business establishment, a brick kiln, construction site, any banking
establishment, any private office or house, any school, college, university or like
institution, establishment for the exhibition of equestrian, acrobatic and other
performances and any other such place where a woman is employed for any
work whatsoever;
(e) “factory” means a factory as defined in the Occupational Safety, Health
and Working Conditions Code, 2020;
37 of 2020
(f) “industry” means an industry as defined in the Industrial Relations Code,
2020;
35 of 2020
(g) “prescribed” means prescribed by rules made under this Act; and
(h) “working woman” means a woman who is employed whether directly
or indirectly through any agency or contractor, as the case may be, for wages in
any establishment, factory or industry.
3. It shall be the duty of the appropriate Government to ensure that no
discrimination is done by any employer on gender basis against women employees
particularly in the matter of payment of wages and other remuneration which are
paid to her male counterpart in such establishment.
Appropriate
Government
to ensure non
discrimination
and equal
wages for
working
women.
4. (1) Notwithstanding anything contained in any other law for the time
being in force, every employer shall provide basic child care facilities such as
milk, tiffin, clothes, toys, trained ayahs and other essential facilities for the
children of women working in the establishment.
Employer to
have childcare
facilities
for working
women.
(2) The appropriate Government shall ensure that every employer of an
agricultural field provide mobile childcare facilities for the working women in
his establishment:
Provided that two or more such employers may provide common childcare
facilities for their establishments.
(3) The appropriate Government shall open such number of creches at
such places as it may deem necessary for carrying out the purposes of this Act.
Recreational
facilities.
5. The appropriate Government shall ensure that every employer provides
retiring rooms with facilities like bathroom, latrine, drinking water at the
workplace or worksite of the working women and recreational facilities like
radio and television for working women and their children.
6. The appropriate Government alongwith the employer shall provide
adequate and proper security measures for the safety of working women in the
establishment, factory or industry, as the case may be, as well as to and from
their places of residence.
Security
Arrangements.
7. It shall be the duty of the appropriate Government to ensure reservation
of beds and proper and adequate maternity facilities for the working women in
the hospitals and dispensaries having indoor patient facilities therein.
Maternity
Facilities.
8. The appropriate Government as well as an employer shall provide hostel
and residential facilities both for married and unmarried working women
nearest to their place of work and cheap, safe and quick transport facilities for
such working women.
Hostel and
transport
facilities.
9. The appropriate Government shall ensure protection from health
hazards particularly for the women working in factories or industries like
beedi, tobacco, stone mines, cashew, fish processing, salt, silk construction
projects and such other establishments as may be prescribed.
Protection
from health
hazards.
10. (1) The appropriate Government shall maintain a register of working
women in such manner and at such place as may be prescribed.
Register
of women
working.
(2) The appropriate Government may require an employer to furnish for
the purposes of this Act, such statistical and other information, in such form
and within such period as may be prescribed.
11. The provisions of this Act and the rules made thereunder shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the
time being in force, but save as aforesaid the provisions of this Act shall be in
addition to and not in derogation of any other law for the time being applicable to
the working women.
Overriding
effect of the
Act.
12. (1) The appropriate Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
Power to make
rules.
(2) Every rule made under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament or the Legislative Assembly and the
Legislative Council, as the case maybe, 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; so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
(3) Every rule made by the State Government under this Act shall be laid, as
soon as may be after it is made, before the State Legislature.
STATEMENT OF OBJECTS AND REASONS
Despite the continuing female foeticides the declining girl-child ratio and the
prevailing conservative mindset of the society towards women, more and more
women are venturing out of their houses to work to support their families. As a
result, the number of working women in Government services, factories, industries,
commercial establishments, agriculture, mines, fish processing sector, silk industry
and so on so forth is increasing day by day, but their conditions of employment need
amelioration. Various basic and essential facilities which are supposed to be made
available to the working women by the Government and private employers are
either absent or not adequate and satisfactory. Unfortunately, in most of the private
sector including agricultural sector, the facilities are rather minimal or negligible
and the working women are an exploited lot there. The existing labour laws also
do not provide for proper medical, educational, recreational and other facilities for
the working women and their children. As regards, other social security measures
like security, transport, accommodation have also not been made so far. In many
establishments they are not given equal pay for work. This discrimination has to be
stopped by enacting a proper legislation.
Hence it has become necessary to enact a legislation to protect working women
against discrimination and provide adequate welfare measures for the working
women.
Hence this Bill.
New Delhi; SMITA UDAY WAGH
July 6, 2025
FINANCIAL MEMORANDUM
Clause 4 of the Bill provides for the establishment of childcare facilities for
working women. Clause 5 provides for recreational facilities for working women
and their children. Clause 6 provides that the appropriate Government to provide
adequate and proper security measures for the safety of working women. Clause 7
provides for maternity facilities. Clause 8 provides for hostel and transport facilities
for the working women. Clause 9 provides for appropriate Government shall
ensure protection from health hazards of the working women. Clause 10 stipulates
that the appropriate Government shall maintain a register of working women.
The expenditure relating to States shall be borne out of the Consolidated Fund of
the State Government concerned. However, the expenditure in relation to Union
Territories shall be borne out of the Consolidated Fund of India. The Bill, if enacted,
will involve expenditure from the Consolidated Fund of India. It is estimated that a
sum of rupees two thousand crore may involve as recurring expenditure per annum.
A non-recurring expenditure of rupees five thousand crore is also likely to
involve.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 12 of the Bill empowers the appropriate Government to make rules for
carrying out the purposes of the Bill. As the rules will relate to matters of details
only, the delegation of legislative power is of a normal character.
Bill No. 82 of 2025
A Bill to regulate the employment of persons in certain establishments for
certain periods before and after becoming a parent and to provide for
paternity and parental benefit and certain other benefits.
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 Paternity and Parental Benefits Act,
2025.
Short title and
commencement.
(2) It shall come into force such date, as the Central Government
may, by notification in the official Gazette, appoint.
therewith.
2. (1) It applies, in the first instance,—
Application of Act.
(a) to every establishment being a factory, mine or plantation
including any such establishment belonging to Government and to
every establishment wherein persons are employed for the exhibition
of equestrian, acrobatic and other performances;
(b) to every shop or establishment within the meaning of any
law for the time being in force in relation to shops and establishments
in a State, in which ten or more persons are employed, or were
employed, on any day of the preceding twelve months:
Provided that the State Government may, with the approval of
the Central Government, after giving not less than two months’
notice of its intention of so doing, by notification in the Official
Gazette, declare that all or any of the provisions of this Act shall
apply also to any other establishment or class of establishments,
industrial, commercial, agricultural or otherwise.
(2) Save as otherwise provided in sections 5A and 5B, nothing
contained in this Act shall apply to any factory or other establishment
to which the provisions of the Employees’ State Insurance Act, 1948
(34 of 1948), apply for the time being.
3. In this Act, unless the context otherwise requires,—
Definitions.
(a) “appropriate Government” means, in relation to an
establishment being a mine,
[or an establishment wherein persons
are employed for the exhibition of equestrian, acrobatic and other
performances,] the Central Government and in relation to any other
establishment, the State Government;
7
(b) “child” includes a still-born child;
(c) “commissioning mother” means a biological mother who
uses her egg to create an embryo implanted in any other woman or a
woman married to a commissioning father;
(d) “commissioning father” means a biological father who uses
his sperm to create an embryo implanted in the surrogate mother or a
man married to a commissioning mother;
(e) “delivery” means the birth of a child;
(f) “employer” means—
(i) in relation to an establishment which is under the
control of the Government, a person or authority appointed by
the Government for the supervision and control of employees
or where no person or authority is so appointed, the head of the
department;
(ii) in relation to an establishment under any local
authority, the person appointed by such authority for the
supervision and control of employees or where no person is so
appointed, the chief executive officer of the local authority;
(iii) in any other case, the person who, or the authority
which, has the ultimate control over the affairs of the
establishment and where the said affairs are entrusted to any
other person whether called a manager, managing director,
managing agent, or by any other name, such person;
(g) “establishment” means—
(i) a factory;
(ii) a mine;
(iii) a plantation;
(iv) an establishment wherein persons are employed for
the exhibition of equestrian, acrobatic and other performances;
(iva) a shop or establishment; or
(v) an establishment to which the provisions of this Act
have been declared under sub-section (1) of section 2 to be
applicable;
(h) “factory” means a factory as defined in clause(m) of
section 2 of the Factories Act, 1948
;
63 of 1948.
(i) “Inspector” means an Inspector appointed under section 14;
(j) “maternity benefit” means the payment referred to in sub section (1) of section 5;
(k) “medical termination of pregnancy” means the termination
of pregnancy permissible under the provisions of Medical
Termination of Pregnancy Act, 1971
;
34 of 1971.
(l) “man” means a person employed, whether directly or
through any agency, for wages in any establishment
(m) “mine” means a mine as defined in clause (j) of section 2 of
the Mines Act, 1952
;
35 of 1952.
(n) “miscarriage” means expulsion of the contents of a pregnant
uterus at any period prior to or during the twenty-sixth week of
pregnancy but does not include any miscarriage, the causing of which
is punishable under the Indian Penal Code
;
45 of 1860.
(o) “plantation” means a plantation as defined in clause (f) of
section 2 of the Plantations Labour Act, 1951
;
69 of 1951.
(p) “person” means a person employed, whether directly or
through any agency, for wages in any establishment
(q) “prescribed” means prescribed by rules made under this
Act;
(r) “State Government”, in relation to a Union territory, means
the Administrator thereof;
(s) “wages” means all remuneration paid or payable in cash to a
woman, if the terms of the contract of employment, express or
implied, were fulfilled and includes such cash allowances (including
dearness allowance and house rent allowance) as a person is for the
time being entitled to incentive bonus; and the money value of the
concessional supply of food grains and other articles, but does not
include—
(i) any bonus other than incentive bonus;
(ii) over-time earnings and any deduction or payment
made on account of fines;
(iii) any contribution paid or payable by the employer to
any pension fund or provident fund or for the benefit of the
person under any law for the time being in force; and
(iv) any gratuity payable on the termination of service;
(t) “woman” means a woman employed, whether directly or
through any agency, for wages in any establishment.
4. (1) Subject to the provisions of this Act, every man shall be
entitled to, and his employer shall be liable for, the payment of paternity
benefit at the rate of the average daily wage for the period of his actual
absence, that is to say, the period immediately preceding the day of
delivery of a child of his legally wedded wife, the actual day of the
delivery and any period immediately following that day.
Right to payment of
paternity benefit.
Explanation.—For the purpose of this sub-section, the average daily
wage means the average of the man’s wages payable to him for the days on
which he has worked during the period of three calendar months
immediately preceding the date from which he absents himself on account
of paternity or the minimum rate of wage fixed or revised under the
Minimum Wages Act, 1948 (11 of 1948), whichever is the highest.
(2) No man shall be entitled to paternity benefit unless he has
actually worked in an establishment of the employer from whom he claims
paternity benefit, for a period of not less than eighty days in the twelve
months immediately preceding the expected date of delivery of a child to
his legally wedded wife.
(3) The maximum period for which any man shall be entitled to
paternity benefit shall be eight weeks of which not more than one week
shall precede the date of his legally wedded wife’s expected delivery:
Provided that the maximum period entitled to paternity benefit by a
man having two or more than two surviving children shall be five weeks of
which not more than one week shall precede the date of his legally wedded
wife’s expected delivery:
Provided further that where a man dies during this period, the
paternity benefit shall be payable only for the days up to and including the
day of his death:
Provided also that where a man dies during the period for which he is
entitled for the paternity benefit, leaving behind the child, the employer
shall be liable for the paternity benefit for that entire period but if the child
also dies during the said period, then, for the days up to and including the
date of the death of the child.
Provided also that where a man who legally adopts a child below the
age of three months or a commissioning father shall be entitled to paternity
benefit for a period of eight weeks from the date the child is handed over to
the adopting father or the commissioning father, as the case may be.
(4). In case where the nature of work assigned to a man is of such
nature that he may work from home, the employer may allow him to do so
after availing of the paternity benefit for such period and on such
conditions as the employer and the man may mutually agree.
5. (1) Any man employed in an establishment and entitled to
paternity benefit under the provisions of this Act may give notice in
writing in such form as may be prescribed, to his employer, stating that his
paternity benefit and any other amount to which he may be entitled under
this Act may be paid to him or to such person as he may nominate in the
notice and that he will not work in any establishment during the period for
which he receives paternity benefit.
Notice of claim for
paternity benefit and
payment thereof.
(2) In the case of a man whose legally wedded wife is pregnant, such
notice shall state the date from which he may be absent from work, not
being a date earlier than one week from the date of her expected delivery.
(3) Any man who has not given the notice when his legally wedded
wife was pregnant may give such notice as soon as possible after the
delivery.
(4) On receipt of the notice, the employer shall permit such man to
absent himself from the establishment during the period for which he
receives the paternity benefit.
(5) The amount of paternity benefit for the period preceding the date
of his legally wedded wife’s expected delivery shall be paid in advance by
the employer to the man on production of such proof as may be prescribed
that his wife is pregnant, and the amount due for the subsequent period
shall be paid by the employer to the man within forty-eight hours of
production of such proof as may be prescribed that his wife delivered a
child.
(6) The failure to give notice under this section shall not disentitle a
man to paternity benefit or any other amount under this Act if he is
otherwise entitled to such benefit or amount and in any such case an
Inspector may either of his own motion or on an application made to him
by the man, order the payment of such benefit or amount within such
period as may be specified in the order.
6. If a man entitled to paternity benefit or any other amount under
this Act, dies before receiving such paternity benefit or amount, or where
the employee is liable for payment of paternity benefit under the second
proviso to sub-section (3) of section 5, the employer shall pay such benefit
or amount to the person nominated by the man in the notice given under
section 6 and in case there is no such nominee, to his legal representative.
Payment of paternity
benefit in case of
death of a man.
7. (1) Every establishment having fifty or more employees shall have
the facility of créche within such distance as may be prescribed, either
separately or along with common facilities:
Creche facility.
Provided that the employer shall allow four visits a day to the creche
by the man, which shall also include the interval for rest allowed to him.
(2) Every establishment shall intimate in writing and electronically
to every man at the time of his initial appointment regarding every benefit
available under the Act.
8. In case of miscarriage or medical termination of the pregnancy of
his legally wedded wife, a man shall, on production of such proof as may
be prescribed, be entitled to leave with wages at the rate of paternity
benefit, for a period of five days immediately following the day of the
miscarriage or medical termination.
Leave for
miscarriage.
9. (1) When a man absents himself from work in accordance with the
provisions of this Act, it shall be unlawful for his employer to discharge or
dismiss him during or on account of such absence or to give notice of
discharge or dismissal on such a day that the notice will expire during such
absence, or to vary to his disadvantage any of the conditions of his service.
Dismissal during
absence.
(2) (a) The discharge or dismissal of a man at any time during the
pregnancy of his legally wedded wife, if the man but for such discharge or
dismissal would have been entitled to paternity benefit, shall not have the
effect of depriving him of the paternity benefit:
Provided that where the dismissal is for any prescribed gross
misconduct, the employer may, by order in writing communicated to the
deprive him of the paternity benefit.
(b) Any man deprived of paternity benefit or discharged or dismissed
during or on account of his absence from work in accordance with the
provisions of this Act, may, within sixty days from the date on which order
of such deprivation or discharge or dismissal is communicated to him,
appeal to such authority as may be prescribed, and the decision of that
authority on such appeal, whether the man should or should not be
deprived of maternity benefit or discharged or dismissed shall be final.
(c) Nothing contained in this sub-section shall affect the provisions
contained in sub-section (1).
10. (1) Subject to the provisions of this Act, every legally married
couple shall be entitled to, and his or her employer shall be liable for, the
payment of parental benefit at the rate of the average daily wage for the
period of his or her actual absence, that is to say, within a period of
eighteen months of the delivery of a woman’s child or the delivery of the
child of a man’s legally wedded wife, as the case may be.
Right to payment of
parental benefit.
Explanation.—For the purpose of this sub-section, the average daily
wage means the average of the person’s wages payable to him or her for
the days on which he has worked during the period of three calendar
months immediately preceding the date from which he absents himself on
account of paternity or maternity, the minimum rate of wage fixed or
revised under the Minimum Wages Act, 1948 (11 of 1948), whichever is
the highest.
(2) No person shall be entitled to parental benefit unless he or she has
actually worked in an establishment of the employer from whom he or she
claims parental benefit, for a period of not less than eighty days in the
twelve months immediately preceding the expected date of [delivery] or
[birth] of the child.
(3) The maximum period for which any legally married couple shall
be entitled to parental benefit shall be a combined period of eight weeks,
divided as they may mutually decide:
Provided that the parental benefit may be availed, either in a single
continuous period of eight weeks or in two installments, each of not less
than one week:
Provided further that the maximum period entitled to parental benefit
by a married couple having two or more than two surviving children shall
be a combined period of four weeks, divided as they may mutually decide:
Provided also that the parental benefit may be availed by a married
couple having two o more than two surviving children either for a single
continuous period of four weeks or in two installments, each of not less
than one week:
Provided also that where a person dies during period of leave for
parental benefit, the parental benefit shall be payable only for the days up
to and including the day of his or her death:
Provided also that where a person dies during the period for which he
is entitled for the parental benefit, leaving behind the child, the employer
shall be liable for the parental benefit for that entire period but if the child
also dies during the said period, then, for the days up to and including the
date of the death of the child.
Provided also that where a married couple who legally adopts a child
below the age of three months or a commissioning couple shall be entitled
to parental benefit for a period of eight weeks within eighteen months of
the date the child is handed over to the adopting couple or commissioning
couple, as the case may be.
11. (1) Any person employed in an establishment and entitled to
parental benefit under the provisions of this Act may give notice in writing
in such form as may be prescribed, to his or her employer, stating that his
or her parental benefit and any other amount to which he may be entitled
under this Act may be paid to him or her or to such person as he or she
may nominate in the notice and that he or she will not work in any
establishment during the period for which he or she receives parental
benefit.
Notice of claim for
parental benefit and
payment thereof.
(2) The notice under-section (1) shall be given not less than one
month from the date from which he or shall be absent and contain the
information specified in sub-section (3) and is accompanied by the
declarations specified in sub-section (4):
(3) The specified information required for notice under sub-section
(1) shall include,-
(a) the name of the person;
(b) the name of the person’s legally wedded spouse;
(c) the start and end dates of the period for which the person
has received maternity or paternity benefit;
(d) the start and end dates of the period for which the person
shall be absent from work and receive parental benefit;
(e) the duration for which the person’s legally wedded spouse
intends to absent themselves from work and receive parental benefit.
(4) The specified declarations for notice under sub-section (1), shall
include,-
(a) a declaration signed by the person that the information
given by them in the notice is accurate.
(b) a declaration signed by the person’s legally wedded
spouse—
(i) specifying name, address, and Permanent Account
Number (PAN) of the person;
(ii) that the person is the legally wedded spouse of the
employee giving the notice;
(iii) that the person consents to the duration and dates of
leave which the employee intends to take as set out in the
notice;
(iv) that the person consents to their spouse’s employer
processing the information in their declaration.
(5) On receipt of the notice, the employer shall permit such person to
absent himself or herself from the establishment during the period for
which he or she receives the parental benefit.
(6) The employer may request, within fourteen days beginning with
the date on which that notice was given, the name and address of the
employer of the person’s legally wedded spouse.
(7) Where an employer makes a request under subsection (6), the
person must, within 14 days beginning on the date on which that request
was made, send the employer—
(a) the name and address requested, or
(b) a declaration that the person’s legally wedded spouse has no
employer.
(8) The amount of parental benefit for the period preceding the date
of his legally wedded wife’s expected delivery shall be paid by the
employer to the person not less than two weeks before the date from which
he or she shall receive the parental benefit on production of such proof as
may be prescribed that she has delivered a child or his legally wedded wife
has delivered a child.
12. If a person entitled to parental benefit or any other amount under
this Act, dies before receiving such paternity benefit or amount, or where
the employer is liable for parental benefit under the second proviso to sub section (3) of section 5, the employer shall pay such benefit or amount to
the person nominated by the employee in the notice given under section 6
and in case there is no such nominee, to his or her legal representative.
Payment of parental
benefit in case of
death of a person.
13. No deduction from the normal and usual daily wages of a person
entitled to paternity or parental benefit under the provisions of this Act
shall be made by reason only of the nature of work assigned to him or her
by virtue of the provisions contained in sub-section (3) of section 4.
No deduction of
wages in certain
cases.
14. The appropriate Government may, by notification in the Official
Gazette, appoint such officers as it thinks fit to be Inspectors for the
purposes of this Act and may define the local limits of the jurisdiction
within which they shall exercise their functions under this Act.
Appointment of
Inspectors.
15. An Inspector may, subject to such restrictions or conditions as
may be prescribed, exercise all or any of the following powers, namely:—
(a) enter at all reasonable times with such assistants, if any,
being persons in the service of the Government or any local or other
public authority, as he thinks fit, any place of work or establishment,
for the purposes of examining any registers, records and notices
required to be kept or exhibited by or under this Act and required
their production for inspection;
(b) examine any person whom he finds in any premises or place
and who, he has reasonable cause to believe, is employed in the
establishment:
Provided that no person shall be compelled under this section to
answer any question or give any evidence tending to incriminate
himself;
(c) require the employer to give information regarding the
names and addresses of persons employed, payments made to them,
and applications or notices received from them under this Act; and
(d) take copies of any register and records or notices or any
portions thereof.
Powers and duties of
Inspectors.
16. Every Inspector appointed under this Act shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code
(45 of 1860).
Inspectors to be
public servants.
17. (1) Any person claiming that—
Power of Inspector
to direct payments to
be made.
(a) paternity benefit or parental benefit to which he or she is
entitled under this Act and any person claiming that payment due
under section 7 has been improperly withheld;
(b) his or her employer has discharged or dismissed him or her
during or on account of his or her absence from work in accordance
with the provisions of this Act, may make a complaint to the
Inspector.
(2) The Inspector may, of his own motion or on receipt of a
complaint referred to in sub-section (1), make an inquiry or cause an
inquiry to be made and if satisfied that—
(a) payment has been wrongfully withheld, may direct the
payment to be made in accordance with his orders;
(b) he or she has been discharged or dismissed during or on
account of his or her absence from work in accordance with the
provisions of this Act, may pass such orders as are just and proper
according to the circumstances of the case.
(3) Any person aggrieved by the decision of the Inspector under sub section (2) may, within thirty days from the date on which such decision is
communicated to such persons, appeal to the prescribed authority.
(4) The decision of the prescribed authority where an appeal has been
preferred to it under sub-section (3) or of the Inspector where no such
appeal has been preferred, shall be final.
(5) Any amount payable under this section shall be recoverable by
the Collector on a certificate issued for that amount by the Inspector as an
arrear of land revenue.
18. If a person works in any establishment after she has been
permitted by his or her employer to absent herself under the provisions of
section 6 for any period during such authorised absence, he or she shall
forfeit her claim to the paternity or parental benefit for that period.
Forfeiture of
paternity or parental
benefit.
19. An abstract of the provisions of this Act and the rules made
thereunder in the language or languages of the locality shall be exhibited in
a conspicuous place by the employer in every part of the establishment.
Abstract of Act and
rules thereunder to
be exhibited.
20. Every employer shall prepare and maintain such registers, records
and muster-rolls and in such manner as may be prescribed.
Registers, etc.
21. (1) If any employer fails to pay any amount of paternity or
parental benefit to a person entitled under this Act or discharges or
dismisses such person during or on account of his or her absence from
work in accordance with the provisions of this Act, he shall be punishable
with imprisonment which shall not be less than three months but which
may extend to one year and with fine which shall not be less than two
thousand rupees but which may extend to five thousand rupees:
Penalty for
contravention of Act
by employer.
Provided that the court may, for sufficient reasons to be recorded in
writing, impose a sentence of imprisonment for a lesser term or fine only in
lieu of imprisonment.
(2) If any employer contravenes the provisions of this Act or the rules
made thereunder, he shall, if no other penalty is elsewhere provided by or
under this Act for such contravention, be punishable with imprisonment
which may extend to one year, or with fine which may extend to five
thousand rupees, or with both:
Provided that where the contravention is of any provision regarding
paternity or parental benefit and such paternity or parental benefit or
amount has not already been recovered, the court shall, in addition, recover
such paternity or parental benefit or amount as if it were a fine and pay the
same to the person entitled thereto.
22. Whoever fails to produce on demand by the Inspector any register
or document in his custody kept in pursuance of this Act or the rules made
thereunder or conceals or prevents any person from appearing before or
being examined by an Inspector shall be punishable with imprisonment
which may extend to one year, or with fine which may extend to five
thousand rupees, or with both.
Penalty for
obstructing
Inspector.
23. (1) Any aggrieved person, an office-bearer of a trade union
registered under the Trade Unions Act, 1926 (16 of 1926) of which such
person is a member or a voluntary organisation registered under the
Societies Registration Act, 1860 (21 of 1860) or an Inspector, may file a
complaint regarding the commission of an offence under this Act in any
court of competent jurisdiction and no such complaint shall be filed after
the expiry of one year from the date on which the offence is alleged to
have been committed.
Cognizance of
offences.
(2) No court inferior to that of a Metropolitan Magistrate or a
Magistrate of the first class shall try any offence under this Act.
24. No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith done or intended to be done
in pursuance of this Act or of any rule or order made thereunder.
Protection of action
taken in good faith.
25. The Central Government may give such directions as it may
deem necessary to a State Government regarding the carrying into
execution of the provisions of this Act and the State Government shall
comply with such directions.
Power of Central
Government to give
directions.
26. If the appropriate Government is satisfied that having regard to an
establishment or a class of establishments providing for the grant of
benefits which are not less favourable than those provided in this Act, it is
necessary so to do, it may, by notification in the Official Gazette, exempt,
subject to such conditions and restrictions, if any, as may be specified in
the notification, the establishment or class of establishments from the
operation of all or any of the provisions of this Act or of any rule made
thereunder.
Power to exempt
establishments.
27. (1) The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law or in the terms
of any award, agreement or contract of service, whether made before or
after the coming into force of this Act:
Effect of laws and
agreements
inconsistent with
this Act.
Provided that where under any such award, agreement, contract of
service or otherwise, a person is entitled to benefits in respect of any matter
which are more favourable to him or her than those to which she would be
entitled under this Act, the person shall continue to be entitled to the more
favourable benefits in respect of that matter, notwithstanding that he or she
is entitled to receive benefits in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed to preclude a
person from entering into an agreement with his or her employer for
granting him or her rights or privileges in respect of any matter which are
more favourable to her than those to which he or she would be entitled
under this Act.
28. (1) The appropriate Government may, subject to the condition of
previous publication and by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
Power to make rules.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for—
(a) the preparation and maintenance of registers, records and
muster-rolls;
(b) the exercise of powers including the inspection of
establishments and the performance of duties by Inspectors for the
purposes of this Act;
(c) the method of payment of maternity benefit and other
benefits under this Act in so far as provision has not been made
therefor in this Act;
(d) the form of notices under section 6;
(e) the nature of proof required under the provisions of this Act;
(f) acts which may constitute gross misconduct for purposes of
section 12;
(g) the authority to which an appeal under clause (b) of sub section (2) of section 12 shall lie; the form and manner in which such
appeal may be made and the procedure to be followed in disposal
thereof;
(h) the authority to which an appeal shall lie against the
decision of the Inspector under section 17; the form and manner in
which such appeal may be made and the procedure to be followed in
disposal thereof;
(i) the form and manner in which complaints may be made to
Inspectors under sub-section (1) of section 17 and the procedure to be
followed by them when making inquiries or causing inquiries to be
made under sub-section (2) of that section;
(j) any other matter which is to be, or may be, prescribed.
(3) Every rule made by the Central Government under this section
shall be laid as soon as may be