REPORT OF THE COMMITTEE
TO IDENTIFY REPEAL OF THE CENTRAL
ACTS WHICH ARE NOT RELEVANT OR NO
LONGER NEEED/CENTRAL ACT WHICH
REQUIRE REPEAL/RE-ENACTMENTS
THEREOF IN THE PRESENT SOCIOECONOMIC CONTEXT
Volume III
(PART-III)
[COPIES OF REPLIES RECEIVED AFTER
17.10.2014 FROM THE
MINISTRIES/DEPARTMENTS OF CENTRAL
GOVERNMENT
IN PURSUANCE OF ID No.CRA/1/2014 DATED
02-09-2014 OF THE COMMITTEE AND COPIES
OF COMMUNICATIONS BETWEEN THE
SECRETARIAT OF THE COMMITTEE AND THE
MINISTRIES/DEPARTMENTS OF
GOVERNMENT OF INDIA]
PART-III
S. No.
1.
2.
3.
4.
5.
Subject
Copies of replies received from the
Ministries/DepartmentsNo.
Railways
(OM
M/o
2014/0&M/18/6)
M/o Minority Affairs (ID No. 2-14/2014Cord.)
M/o Information & Broadcasting (OM
No. P-11017/25/2014-PPC)
M/o Corporate Affairs (OM No.
5/80/2011-CS)
Letter from Member Secretary, NMCC
to Chairman of the Committee
Page No.
Communication date
-22.10.2014
1-20
16.10.2014
21-22
27.10.2014
23-30
10.10.2014
31
14.10.2014
32-33
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No.2014/0&M/18/6
New Delhi Dated:22/10/2014
OFFICE MEMORANDUM
Sub: Review of Existing Acts for Repealing
The undersigned is directed to refer to Prime Minister's Office ID No. CRA/1/2014 dated
10.10.2014 on the above subject and to say that the required infoiniation is given in Annexure-I &
II.
2.
It may be mentioned that although the Factories Act falls in the domain of the M/o Labour
and Employment, the Workshops and the Production Units under the Ministry of Railways are
also governed under this Act. A few suggestions for amendment to this Act are accordingly made
as per Annexure-III
3.
The above issue with the approval of Chahman, Railway Board.
( .Krishnan)
Joint Secretary/Railway Board
1e2 233`~36~
Prime Minister's Office
( Attn: Shri Avinash Kumar Sinha
Staff officer to the Committee on Review of Administrative Laws)
New Delhi.
Annexure-I
Name of the Ministry/Department: Ministry of Railways (Railway Board)
all Acts
of
Title
(including
Acts/
Appropriation
Finance
Acts/Amendment
the
under
Acts)
the
of
purview
administrative
Ministry/Department
the
under
Government of India
of
(Allocation
Business) Rules, 1961
which are in force as
on date.
1
1) The Railway Act,
1989
Act
the
Whether
under
mentioned
column (1) has been
recommended to be
any
by
repealed
or
Commission
Committee.
(Indicate Yes or No and
if Yes, the name of the
Commission/Committee
the
made
that
recommendation).
If the Acts mentioned
column (2)
under
been
not
have
(as
repealed
recommended by any
of the Commissions or
the
Committees,
therefore
reasons
legal
including
if
obtained,
opinion
any. Please enclose
opinion
legal
the
obtained there for the
recommendations of
any committee or
or
authority
judgement of court in
support thereof and
the justification, if
continue
to
any,
them.)
3
2
No
NA
Acts
Whether
under
mentioned
column (1) and in
force as on date
require revisiting in
whole or part, and, if
so, the provisions
require
that
amendments thereto.
Give details of Acts
rerequire
that
enactment or repeal
as well as those which
need amendments in
those which need
amendments in the
changing
of
light
socio-economic
environment
alongwith the reasons
proposed
for
amendments/reenactment or repeal.
4
require
not
Does
amendment/reenactment/repeal at
present
2) Metro Railways
(Construction of
Works) Act, 1978
No
-NA-
require
not
Does
amendments/reenactment/repeal.
No
-NA-
require
not
Does
amendments/reenactment/repeal.
The Metro
Railways
(Amendment) Act,
2009
3) Calcutta Metro
Railway (Operation
and Maintenance)
Temporary
Provisions Act,
1985
Acts
all
of
Title
(including Appropriation
Finance
Acts/
Acts/Amendment Acts)
under the purview of
administrative
the
Act
the
Whether
mentioned under column
been
has
(1)
be
to
recommended
any
by
repealed
or
Commission
Committee.
Ministry/Department
under the Government (Indicate Yes or No and if
of India (Allocation of Yes, the name of the
Business) Rules, 1961 Commission/Committee
the
made
which are in force as on that
recommendation).
date.
If the Acts mentioned
under column (2) have
not been repealed (as
recommended by any of
the Commissions or
the
Committees,
therefore
reasons
including legal opinion
obtained, if any. Please
legal
the
enclose
opinion obtained there
the
for
of
recommendations
any committee or
authority or judgement
of court in support
the
and
thereof
justification, if any, to
continue them.)
Railway
4) The
Force
Protection
3
2
1
No
NA
Acts
Whether
under
mentioned
column (1) and in force
as on date require
revisiting in whole or
part, and, if so, the
provisions that require
thereto.
amendments
Give details of Acts that
require re-enactment or
repeal as well as those
need
which
amendments in those
need
which
the
in
amendments
light of changing socioeconomic environment
alongwith the reasons
proposed
for
amendments/reenactment or repeal.
4
A proposal is under
amend
to
process
section 2(cb) , section
Act, 1957
11 & 14 and to insert
section 2(cc) and 12A
in the RPF Act to
empower RPF to deal
with cases of crime
passengers
against
and their belongings
in the passenger area.
been
has
Proposal
and
concurred
approved
of
Ministries
Affairs and
Justice
consultation
is
States
process.
Railway
5) The
Property (Unlawful
Act,
Possession)
1966
No
NA
NA
the
by
Home
Law
&
and
with
under
Title
of
all
Acts Whether
the
Act
(including Appropriation mentioned under column
Finance (1)
Acts/
has
been
Acts/Amendment Acts) recommended
to
be
under the purview of repealed
by
any
the
administrative Commission
or
Ministry/Department
Committee.
under the Government (Indicate Yes or No and if
of India (Allocation of Yes, the name of the
Business) Rules, 1961 Commission/Committee
made
which are in force as on that
the
recommendation).
date.
No
N.A.
Whether
Acts
mentioned
under
column (1) and in force
as on date require
revisiting in whole or
part, and, if so, the
provisions that require
amendments thereto.
Give details of Acts that
require re-enactment or
repeal as well as those
which
need
amendments in those
which
need
amendments in the
light of changing socioeconomic environment
alongwith the reasons
for
proposed
amendments/reenactment or repeal.
4
No
No
Nil
Nil
2
1
6) The
If the Acts mentioned
under column (2) have
not been repealed (as
recommended by any of
the Commissions or
Committees,
the
reasons
therefore
including legal opinion
obtained, if any. Please
enclose
the
legal
opinion obtained there
for
the
recommendations
of
any committee or
authority or judgement
of court in support
thereof
and
the
justification, if any, to
continue them.)
Railways
3
of
(Employment
Members of the
Armed Forces) Act,
1965
7) The Railway Claims
Tribunal Act, 1987
mow
Acts
all
of
Title
(including Appropriation
Finance
Acts/
Acts/Amendment Acts)
under the purview of
administrative
the
Ministry/Department
under the Government
of India (Allocation of
Business) Rules, 1961
which are in force as on
date.
If the Acts mentioned
under column (2) have
not been repealed (as
recommended by any of
the Commissions or
the
Committees,
therefore
reasons
Committee.
(Indicate Yes or No and if including legal opinion
Yes, the name of the obtained, if any. Please
legal
the
enclose
Commission/Committee
opinion
obtained
there
the
made
that
the
for
recommendation).
of
recommendations
Act
the
Whether
mentioned under column
been
has
(1)
be
to
recommended
any
by
repealed
or
Commission
any committee or
authority or judgement
of court in support
thereof and the
justification, if any, to
continue them.)
Acts
Whether
under
mentioned
column (1) and in force
as on date require
revisiting in whole or
part, and, if so, the
provisions that require
thereto.
amendments
Give details of Acts that
require re-enactment or
repeal as well as those
need
which
amendments in those
need
which
amendments in the
light of changing socioeconomic environment
alongwith the reasons
proposed
for
amendments/reenactment or repeal.
1
2
(Local
8) Railways
Authorities
Taxation) Act, Act
25 of 1941.
Yes. Law Commission of
India, Report No.248 on
the subject "Obsolete
Warranting
Laws:
Repeal"
Immediate
Report)
(Interim
September, 2014.
4
3
The Act has not been The Law Commission
repealed because the in its Report has
that
Law recommended
of
Report
"The
Act
was
enacted
Commission
for to declare the extent
recommending
railway
which
repeal has recently to
be
shall
been submitted in property
taxation
to
liable
September, 2014.
an
by
imposed
authority within a
However,
State.
Section 184 of the
Railways Act, 1989
provides for 'Taxation
on Railways by Local
Hence,
Authorities'.
the purpose of the
1941 Act has been
saved by the 1989 Act.
After an assessment
of both the Acts and
by inserting a suitable
savings provision, the
1941 Act can be
for
considered
repeal.." Accordingly,
the Act will be
considered for repeal
by following due
procedure.
0,1
If the Acts mentioned
under column (2) have
not been repealed (as
recommended by any of
the Commissions or
the
Committees,
therefore
reasons
including legal opinion
obtained, if any. Please
legal
enclose
the
opinion obtained there
the
for
of
recommendations
any committee or
authority or judgement
of court in support
and
the
thereof
justification, if any, to
continue them.)
Acts
Whether
under
mentioned
column (1) and in force
as on date require
revisiting in whole or
part, and, if so, the
provisions that require
thereto.
amendments
Give details of Acts that
require re-enactment or
repeal as well as those
need
which
amendments in those
need
which
amendments in the
light of changing socioeconomic environment
alongwith the reasons
proposed
for
amendments/reenactment or repeal.
4
Acts
all
of
Title
(including Appropriation
Finance
Acts/
Acts/Amendment Acts)
under the purview of
administrative
the
Ministry/Department
under the Government
of India (Allocation of
Business) Rules, 1961
which are in force as on
date.
Act
the
Whether
mentioned under column
been
has
(1)
be
to
recommended
any
by
repealed
or
Commission
Committee.
(Indicate Yes or No and if
Yes, the name of the
Commission/Committee
the
made
that
recommendation).
1
2
3
9) The Indian Railway
Board Act 1905.
Yes, by the Commission
of
Review
on
Laws
Administrative
under
the
1998
Chairmanship of Shri
P.C. Jain.
Reason for retaining
the Act has been
indicated in the then
Railway
Chairman,
Board's D.O. letter No.
99/O&M/85/4 dated
30.6.1999 (AppendixOpinion is
!) Legal
attached with the said
letter.
No change is required
in the Indian Railway
Board Act 1905.
Railway
10) The
Companies
(Emergency
Act,
Provisions)
1951
Yes, by the Commission
of
Review
on
Laws
Administrative
the
under
1998
Chairmanship of Shri
P.C. Jain.
Reason for retaining
the Act has been
indicated in the then
Railway
Secretary,
Board's D.O. letter No.
ERB-l/97/23/14 dated
26.07.1999 (AppendixII) Legal Opinion is
attached with the said
letter.
No changes required.
Annexure-II
Name of the Ministry/Department: Ministry of Railways (Railway Board)
Title of all Acts (including Reasons for not bringing into
sections
Amendment Acts) under the force the Acts or
thereto
Schedule
or
thereof
purview of the administrative
mentioned
under
column
(1).
Ministry/Department under the
India
of
Government
Rules,
(Allocation of Business)
1961, or sections thereof or
Schedule thereto which have
not come into force as on date.
1
2
Nil
Indicate whether the Acts or
the provisions thereof or
Schedules thereto mentioned
under column (2), in the
the
of
opinion
Ministry/Department require to
be continued or repealed or
alongwith
amended
justification.
3
Annexure-Ill
Suggestions in respect of Acts concerning Railways but under the purview of
Ministry of Labour and Employment
The following suggestions may be considered for amendment in Factories Act 1948.
Though this act falls under the purview of Ministry of Labour and Employment, the
Workshops and Production units under Ministry of Railways are also governed under this
act and therefore suggestion for amendment is being made here.
The Factories Act 1948 is a Central Act which is enforced by the State Governments. Para 8
of the act mentions the provision as regards to inspectors for enforcing the act in factories
and states:
The State Government may, by notification in the Official Gazette, appoint such persons as
possess the prescribed qualification to be inspectors for the purposes of this Act and may
assign to them such local limits as it may think fit.
The act defines "occupier" of a factory as the person who has ultimate control over the
affairs of the factory. On Indian Railway workshops, traditionally Chief Workshop Managers
(CWMs) have been nominated as the Occupiers by virtue of the substantive post held by
them in the Central Government. CWMs are SAG officers of the Central Govt. are equivalent
in the rank and pay of Secretaries in State Govt. There is also a Factory manager in every
workshop who is equivalent to Special Secretaries in State govt.
Indian Railway workshops form the back bone of maintenance of rolling stock on which the
lifeline of the country runs. It is a 24*7 service and runs with a deep sense of dedication and
enthusiasm. These establishments are unique in the sense that entire working is bound by
rules and regulation as laid down by Central Govt. These units are distinctly different from
factories in private sector as profit is not the motive here.
Every unit has invariably a safety and welfare official under workshop incharges to look after
the essential requirements as laid down under Factories Act. In addition to the measures
being taken by CWMs (SAG officers equivalent to Secy level in states) at the field level, there
are regular inspections at the level of Principal Head of the Departments and General
Managers from headquarter office who look into the safety and staff welfare issues.
Indian Railways have also a very well established set up for participation of organized
labour. There is a proper system of checks and balances involving number of departments.
As part of Central Government machinery it performs regulatory role as well. There is well
defined system of rules, procedure, codes and manuals for each and every sphere of its
working catering to welfare measures for the benefit of workers.
In the report of the working group on "Labour laws and other regulations" for the twelfth
five year plan the State Govts have viewed that - Enforcement of labour laws is difficult since
the number of laws and industrial units have increased manifolds while labour enforcement
machinery has not expanded commensurately."
It is therefore felt that Railways can take up the role of administering the Factories Act in
the factories under its control by utilizing its existing resources including nominating its
inspectors. Similar provisions are available under acts like Electricity act and Boiler act
wherein the Railway is treated as appropriate Govt.
The Electricity Act 2003:
(5) "Appropriate Government" means, (a) the Central Government, (I) in respect of a generating company wholly or partly
owned by it;
(ii) in relation to any inter-State generation, transmission,
trading or supply of electricity and with respect to any
mines, oil-fields, railways, national highways, airports,
telegraphs, broadcasting stations and any works of
defence, dockyard, nuclear power installations;
(iii) in respect of National Load Despatch Centre; and
Regional Load Despatch Centre;
(iv) in relation to any works or electric installation belonging
to it or under its control ;
(b) in any other case, the State Government, having jurisdiction
under this Act;
The Boiler Act
(2) The Central Government may, by notification in the Official Gazette, declare that the
provisions of this Act shall not apply in the case of boilers or steam-pipes, or any specified
class of boilers or steam-pipes, belonging to or under the control of any railway administered
by the Central Government or by any State Government or by any railway company as
10 •
defined in clause (5) of section 3 of the Indian Railways Act, 1890 (9 of 1890)", w.e.f.
27.5.2008.
Appropriate amendment in Factories Act 1948 may be considered to treat Railways as
appropriate Government for the purpose of administering Factories Act in the factories
under their control.
Appendix-I —
/
It
,
3-l ci..i
CiI C1
;q7::t Ct-r'Itst, Iti(cf ;Wu'
V. K. AGAR WA L
CHAIRMA1`.L RAILWAY ROA:
EX-OFFICIO PRINCIPAL SCRI=
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
NEW DELHI-11000i
No. 99/0&M/85/4
30 June, 1999
Dear Dr. Raghbir
Please refer to your D.O. letter No. I 1(17)/98-L.I dated 20`b May, 1999, seeking.
views of the Ministry. of Railways
in respect °idle Indian Railway Board Act, 1905 for
its repeal or othen.vise in pursuance of the recommendations of the Commission on
Review of Administrative Laws constiturred under the Chairmanship of Shrir:C. Jain.
2.
The matter has been examined. The essential ingTe.dients of the Indian Railway
Board Act, 1905 are
1
That this Act was to be read as part oldie Indian Railway Act. 1890; and
(ii)
It provides that Central Government. by notification, may invest the
Railway Board with powers;functicmis of the Central Government.
3.
"the Indian Railway Act, 1390 has since been repealed and replaced by the
Indian Railway Act of 1989. The validity of the Act of 1905 to the Indian Railway Act
of 1939 was examined in consultation with the then Legal Adviser and a view was held
that though the Indian Railway Board Act, 1905 was to be read as
part of the Indian
Railway Act. 1890, with the repeal of the Act of 1890 and its
replacement by Indian
Railway Act of 1989, the Indian Railway Act of 1905 is now to be read as part of Indian
Railway Act of 1939. The validity of the Act, therefore, still remains. A copy of the
e:-:tracts of the views of the then Legal Adviser, Shri P.C. Kannan, is enclosed as
4.
"no utility of the Indian Railway Board Act lies in the nature of the powers it
provides. The Act provides that the Central Government, by notification, may invest
thc Railway Board with the powers (-,r functions or
the Central Cioyernment under the
Indimi Railway Act, I 3Q0 and now. Indian Railway Act. 1080. The pruyisiorts
in the
Indian Railway Act, 1980 arc iimitithrittitc. ran2irT urn
Commercial
matters
to
Sr.
fety.
acquisition of land.
Hours of Employment Regulation, etc. In so many areas of- this
Act, the'powers have been delegated to the Railway Board in exercise of the powers
onferred by the Act of 1905
as otherwise it would have been too cumbersome putting •
Up all the matters requiring Central Government decisions
pertaining to the Indian
Railway Act of 1939 to the Nfinister ibr hinctioning of
the Railways. Railways being
huge network involving numerous activities, it is
essential for the smooth fitnetioning of
the depanment to have an
enabling provision for delegation of the Central Government
:-
-:
powers to Railway Board. The Railway Board Act of 1905 is, therefore, required to be
retained and cannot be dispensed with.
The Legal Adviser attached to this Ministry also holds the same views. An
5.
extract of his views is enclosed as Annexure II.
With best wishes,
Yours sincerely,
(V.K. AGARWAL)
Encls : As above.
Dr. Raghhi_r Singh,
Secretary,
Ministry of Law, Justice & Company Affairs,
Legislative Department,
Shastri Bhawan,
Nev,, Delhi — 110001.
ox=
.7,
csac. r
ANNEXURE -I
"The main question is whether after the repeal
of the Railways Act, 1890, Railway Board can exercise
the powers of Central Government under the Indian
Railway Board Act, 1905. As stated in the note of
JS(G), prior to the Railways Act, 1989, the Railways
Act of 1890 regulated the working of the Railways.
Under that Act, the poWer to make rules was vested
with the Central Government. In terms of the
provisions of Indian Railway Board Act, 1905, the
Board was conferred with the powers and functions
the Central Government. By virtue of the above
and
provisions contained in the Railways Act, 1890, rame
f
to
owe_
also the Railway Board Act of 1905, the p
conduct of
Rules, including rules regulating the employees were conferred on the Railway Board. Under
the Railways Act, 1989, there are7lo provisions with
regard to power to frame rules regulating the conduct
he Railays.
There is a general
w
of employees of t
provision in Section 198 which empower the Central
Government to make rules generally to carry. out the
purposes of the Act. In terms of Section 200, the
Railwa-ys Act, 1890 was repealed. In the Act of 1905,
a reference has been made in Section 2 regarding
vesting the powers with the Railway Board with all or
any of the powers or functions of the Central Govt.
under the Railways Act, 1890.
With the repeal of the 1890 Act, the question
for consideration is whether the Railway Board Act,
1905, empower the Board with all the powers of the
Central Government under the new Raiwlay Act, 1989.
The general rule of statutory interpretation is
that Where an enactment is repealed and re-enacted
with or without modification, any provision of a
former enactment, then references in any other
enactment or in any instrument to the provision so
repealed shall, unless a different intention appears,
be construed as references to the provisons so
re-enacted. Section 8 of the General Clauses Act,
1897 incorporates the above principle of
interpretation. In terms of this provision, if a law
is repealed and re-enacted, references thereto should
be construed after repeal to the re-enacted law.
Broadly speaking, where a stature incorporates by
general reference the law concerning a particular
subject, a a genus, it may be presumed that the
legislative intent was to include all the subsequent
amendments including any re-enactment made from time
to time to the generic law on the subject adopted by
Contd..
-2general reference. This principle has been approved
by the Supreme Court in the case reported in AIR 1978
Sc 793 at page 797. In view of the provisions
contained in the General Clauses Act, 1897, the
section 2 of the Indian Railways Act, 1905, is deemed
to be amended to provide that the Central Government
may by notification vest the Railway Board constituted
under the Railway Board Act 1905 with all or any of.
the powers or functions under the Central Government
under the Indian Railways Act, 1989..."
Sd/
( P.C. KANNAN )
Legal Adviser
01.04.97
Annexure-II
The said retention of the Act can further be
"2.
justified on the basis of well entrenched principles
of administrative law. As per the doctrine of
"Delegatus non potest Delegare" a delegatee cannot
further delegate its power to any other authority.
This may be called as sub delegation of legislative
powers also. In many statutes delegating legislative
powers on various authorities are provided and
ordinarily such powers must be exercised by the
concerned authorities themselves, i.e. delegatee of
powers. Further, need may be felt owing to practical
exigencies of adminsitration by authority to delegate
its legislative powers to some other body. This
delegation is called as sub delegation of legislative
powers. Such a sub delegation can be made only when
the Parent Act authorised sub delegation and when not
authorised by law is ultra wires. This sub delegation
can be made by the legislature even through a
diffe.rnt Act or by an enabling Act.
The Railway Board Act, 1905, is an illustration
3.
of a special act of legislature delegating the powers
of the Central Government in regard to Indian Railways
Act, 1989, by issue of Notification , Such a
delegation under . the Act of 1989 exists only by
providing delegated powers to Central Government only,
It is the Minister who is to exercise the delegated
powers because he is the delegatee of the powers of
the Central Government from the Parliament itself.
Nowhere the Railway Act provides delegation of powers
to the Railway Board, Hence, in the absence of
Railway Board Act, 1905, the Railway Board cannot
exercise the powers under the Railways Act, 198— If
the Central Government further delegates the power to
Railway Board under the Railways Act, 1 989, it will be
termed as sub delegation of power and cannot be
permitted under •the 1-a w,
The fundamental principles in regard to
4.
sub-delegation of powers can be seen in the case of
King Emperor.Vs. Benoari (1945) AC 14 and the Supreme
Court case of K. Ramanathan V. Si- ate of Tamil Nadu
(ATR 1935 sr 66). It was further held in Hansraj
Bhartiya Vs. (JOT AIR 1. 991 Delhi 33 that even sub
delegation of power can be held as excessive of
legislative powers if the sub delegation so made is
unbridled with excessive manpeuvring.
Cont
In view of the aforesaid, it is felt that we
5.
may retain the Railway Board Act, 1905 and there is no
need to repeal it."
Sd/
( N.C. JAIN )
2egal Adviser
21,06.99
Appendi
-177
‘
1
Y-
D.P. TRIPATHI,
GOVERNMENT OF INDIA
MINISTRY OF RAILWA a
(RAILWAY BOARD)
NEW DELHI-110001
-Fa TAt
i
Secretary,R.
41111KT,q, (Th' 1q1)
NT-M-110001
Boani
New Delhi, datedr , egu1,199
D.O. NoERB71/97/23/14
Dear Dr. Agnihotri,
No.
letter
D•O.
your
to
refer
Please
F-11022/46(M)/98-P
dated 19.06.99, seeking status
report/comments on repeal of Laws/Acts on the
my
recommendations of the report of the Commission on
Review of Administrative Laws. You may also connect
earLier reply of even number dated 25.06.99.
The recommendations of the Commission on Review of
-2
Administrative
Laws for repeal of
the fourbyActc
considered
the
seen
pertaining to the Railways has
Competent Authority, based on recommendations of an
Expert Committee set up by this Ministry
it has
Railwayand
Companies
Indian
been
decided
repeal
(I)
Act, 1895
and to
(ii)
The Railway-Companies
Repeal (Substitution
of (tti) Thb J
in
CiVilCompanies
Proccocling)
Ace, 1946.
copy,
A hn:r.
nailway
(Emcrynnt:y
Rrovi5ions) _Act, )951
not been considered desirable-for the Prose-tit:
of the rationale given by the Committee in this respect
is enclosed. •
3. As regards (iv) The Indian Railway Board Act,
1905, having regard to its utility and importance, it
has been decided to retain this Act. A reply in this
respect has already been Singh,
sent from
the Chairmn,
Secretary,
Ministry
to Dr.. Raghtir
RaiLway,Board
f Law.,—Justice and Company Affairs (copy enclosed),
yours sincerely,
ILO
r1 r/
..:)
_,,,
,
' ff
•
%-:
Dr. g177-e,,,,Zguihotri, IAS
Grievances
Additional Secretary,
P ublic
Ministry of Personnel,
ratve
Reforms
and Pensions ,
i
Department of Administ
and Public Grievances,
Sardar Patel Bhawah,
Sansad Marg,
NEW DELHI- 11_0001.
— _
TRIPATHI )
owwilr001011.
REVIEW OF A.DiTITISTRATTVE LAIIS
RAILWAY Cci.TA.1,:l.ES (EMERGENCY FR °VISIONS ) ACT,195i
The Act which has substituted the Railway companies
(Emergenc-y Provisions)Orclinance, 1951, is aimed at
to Make Provisions for the proper management and
certain
administration of Railway Com-Panies
special cases. These Railway contiJanies are those
cormDanics which are registered under the Cbhipanies Act
or in law repealed thereby for the purpose of makino
working a Railway whether alone or in conjunction
or with other purposes,
The aforesaid. Act is an enabling Act emooT,-Tering
2.
the Central Government in some emergent sit-uations
as 'mentioned below to take the management of the
cpit.,yany by appointing Directors in that colivany:pany has prejudicially
(i ) The affairs of the comaffected the convenience of De:csons using the
Railway;
(ii)
(iii)
(iv)
has caused serious dis-location in
or industry using the railway;
tra d- e
has caused serious uncms-)loyment arrongst
a section of the co=ruhitY;
The Central Gova=men.t foials that it is
in the natitnal interest o tal.ce over the
1,-,he Co,
17!enagres--ent. Tr-id the -a-f_:71inist3.-_ation of
ins effer't of the aforesaid order issued by the
3.
Central Government will be as folloT.45:all persons holding office as Director of
the P.ailway csmpany -17-mcsdiately deemed to
have vacated their offices;
ma.nagerent between theP.ailwar.v
contract
pany or person shall
V and any other conninated;
be deemed to have been ten..
e:ccJt
shall
( c)
g
manac ari al aent
rov al o'r the Central Govt.;
permioninn an d ar:p
-t,
(d) The Directors appointed by the Central Gov
will he 'deemed to be the Directors of that
rnoaniez,
nteA as per the
CbJ-7)af-1 -7- duly encr,
Act or any other law in force.
(from pref..lage)
-:,
-v-r.
appointe.d by the Central Co.
so
Theall
Directors
will
A„ have
the powers of management and acimi-nistratic
including the po;,.ers to raise, funds, carry out such r
repairs, enter into contract:, do all acts necessary
the
for making, managing, altering, rePairing,
using
employ such
Railway or the Railway company and to
Persons as are necessary for enabling the COTIParly
to efficientl-y- run the Railways.
The Act further empowers the Central C-overnmat
Government
by the said
5.
cling of suits,
and t'ne. Ili rectors appointed
to take ima-ned_iate s`-eps
inUrIallthOriSe(91-17,
case of '
held
start leg
rope-`ythe inf_ringent of the provis.k.
recovering of against
-or.oceedings
of the Act and even to file criminal cases against the L
-oersons on default.
..ion 12, it is provided. that if the
.
under
Secic
6.
management of the company has improved and the
Central Government is satisfied that
the Railway
-ith efficient
.-7
be
run
properl-yw
-.
companv can no
management,
it. ma.y cancel the notification made
earlier for the P1-_-pointment of Directors and can
hand over the Admaniz_4tration and management to
those -oersons who were the
of that
company
dasDirectors
issue. The
Central
Govt
,
before
the
notifd
cation
can issue di rections for the management to take OVer:
-ainistration of the company
,
...-the managem.ant and ailf
-.. g ,
f the r.o tification
after the cancellat-c,sn ,-,
ef the eforesaid ":"\ct, provides
for
-I
S.3.?.e-v.
=
,r.
Und' T_Dni:',7-al :'707-,..tr..ment
7.,
1"-':
.
.
.
.
'
i
compare
0 '7°7' . --' 7..! '.::::
4the
C--:-ll -purc...hos.-.a
of the ass,?.ts of the P.ailwav
case. the assets are sold by that P.211,.-fay compan-y -tc-)
the .State Gove=ment, an institution or to a person
c:oncerried. The OriCe offered. to the Railwav
co,-Pany
and
-vt,
-.-2-111 necessarily be paid by the Central Go
t_hereafter it -,-,-ill be the pr.operty of the Central
Govt. for the 3.3ursoses of the Railwys.
The aforesaid pros ions seems to have been made
r,.-Panies Act, there is no similar
8.
il
.because
itaider
the
-rovisionavailabl e.. The running of the trains m
Pessential services to the public at large and any.-.---di sruotion of 1-hes.a -S."-rii.C°E; may affect the whol e
the Raiay system. 'Therefore, instead of sending
f
o
-_,
a muis-menace_d =-:-..ee.,-,..y for liquidation and. winding up
the provisions are made c.-.:mrowering the Central
GOvt
, i'd=y
to act -Immediately in _the interest of the Rarf
system as a -,,i-I.ole, T.his seems to he necessary for
the efficient management continuity and the publi c
interest and safeguarding the public interest and also
of the Pail'way consumers.
the interest
1.1■
20 O."
(from prepagea.)
the Railway cormanies existing
Tt
i
s a far't that
I
o
before the inde..uendent India w_ere nationalised
and
exc ept a few
merged with the Railwa-y system and now
exceptions the whole of the Railvray system is owned
and possessed by the Central Government. Ibwever,
with the liberali.sation of the Indian economy,
fromo,
the thrust of the Iliniftry of Railways
and more to pr.ivatise the Railways by incorporating
,.-.0anies Act, The KONKAO
the comp
under the 1:1Railways, the Maharashtra Rail CoLporation,
the
COMP 2I1 eS Tribi Ch
DMRC and others are the existing
may be considered as Private Railways and may be
covered under the provisions of this Act, There
may be many mere companies in the corning days
7 the 'Private entrepreneurs as the
therefore, be necessary
registered h--,
-private
Railways,
It
that in some exceptional situations, these Railways
may be controlled administratively and the managemont
if inefficient and putting hurdles to the efficient
of the Railway system necossitate
running
of
the
the Central C-overnment to tesue. tlotifio.71.tio.ns
view of the aforesaid, it is felt that , the
. in
10. should
In Act
be retained in its present position
case, laterOn it is felt that the provi -.ions of
the
norms
Act should be amended to nv.s..^...lt the liberalised
economcr- a further amendment -to the said
of the indi
,
Act can be cc,ni dere,;„1. lateron
1. 1
t<
nc.lv-isPr
22,-6-99
'
r
)
2.1
Government of India
Ministry of Minority Affairs
With reference to PMO ID Note No. CRA/1/2014 dated 03-09-2014 regarding
amendment-re-enactment/repeal of Acts, requisite information in respect of Ministry of
Minority Affairs is enclosed.
(Dr. Lalit K. Panwar)
Secretary (MA)
Secretary to PM (Shri R. Ramanujam), PMO, South Block, New Delhi.
F.No. 2-14/2014-Cord , Ministry of Minority Affairs, New Delhi. Dated 16-09-2014
a) 9)
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F.No.P-11017/25/2014-PPC
Government of India
M/o Information & Broadcasting
Policy Planning Cell
*****
Shastri Bhavan, New Delhi
Dated 27,th October, 2014
FFICE MEMORAN UM
Subject: List of Laws/Acts administratively concerned with the Ministry of 186B
— information sought by the M/o Law & Justice - Reg.
******
The undersigned is directed to refer to the Legislative Department
(Ministry of Law & Justice)'s D.O. No.A-45012/3/2014-Admn-III(LA) dated
31.7.2014 on the subject mentioned above and to say that following Acts come
under the purview of the Ministry as per (allocation of Business) Rules, 1961
and are in force as on date:•
•
•
•
•
Press and Registration of Books (PRB) Act, 1867.
Cable TV Networks (Regulations)Act 1995.
Sports Broadcasting Signal (mandatory sharing of signals with
Prasar Bharti Act, 1990).
The Cinematograph Act, 1952.
The Prasar Bharati (Broadcasting Corporation of India) Act, 1990.
In so far as M/o Information is concerned, the requisite information is enclosed in
2.
the prescribed proforma.
liNklA
(Mannret Kaur)
Under Secretary(PPC)
End : As above.
Legislative Department
(M/0 Law and Justice,
(Shri P.K. Malhotra, Secretary)
4th Floor, Shastri Bhavan, New Delhi
Copy to :-(ShiiR Ramanujam) Secretary to Prime Minister. w.r.t. PMO's ID Note
No.CRA/1/2014 dated 3.9.2014.
(U-NWAI
(Man eet Kaur)
Under Secretary(PPC)
ONIP11.401.
MINISTRY OF INFORMATION AND BROADCASTING
STATUS NOTE ON CINEMATOGRAPH ACT, 1952
AS ON 26.09.2014
`Sanctioning of cinematograph films for exhibition' has been included in Entry
60 of the Union List (List I) of the Seventh Schedule of the Constitution of India. However,
'Cinemas subject to the provisions of Entry of 60 of List I' is included in Entry 33 of
the State List (List II). Therefore, as per the Constitutional provisions the Union
Government is empowered to legislate in matters pertaining to sanctioning (also called
certification) of films for exhibition in India and the State Legislatures are empowered to
make laws to regulate the licensing and other related matters pertaining to exhibition of
Cinema. In respect of Union territories, the power to make laws to regulate exhibition also
vests with the Parliament. in exercise of its power, the Parliament has enacted the
Cinematograph Act, 1952 (37 of 1952).
During the last 62 years, the Cinematograph Act, 1952 has been amended seven
2.
times. Some major amendments were made in the Act in 1981 whereby the number of
members of the Board was increased, new categories of certification namely `UA' and `S'
were introduced, an independent Appellate Tribunal was created, offences for violations
under the Act were made cognizable and enhanced punishments/fines were provided.
Cinematograph (Amendment) Bill, 1992 was introduced in August, 1992 in Rajya Sabha
to further amend some of the provisions of the Act to provide for increase in the number
of the Members, enhancement of punishment and authorizing the regional officers of the
Board to conduct search and seizure. This Bill was referred to the Standing Committee
on Communications. The Bill was later on withdrawn.
Contd..2/-
OPP
:: 2 ::
The present Cinematograph Act was enacted in the year 1952. Meanwhile, there
3.
have been many changes in the field of cinema with the proliferation of TV channels,
Cable network throughout the country, advent of new digital technology, dwindling
numbers of the people visiting cinema theatres, increase in piracy and copyright violation
etc. making it necessary to have a comprehensive review of the Cinematograph Act. It
was felt that the Cinematograph Act, 1952, which is almost six decade old, requires
overhauling and as such it would be useful to replace the existing Act with a new
legislation.
An Expert Committee under the Chairmanship of Justice Mukul Mudgel has
4.
been constituted in 2013 to examine the issues of certification under the
Cinematograph Act, 1952. The Committee submitted its report on 28.9.2013 and
the recommendation of the Committee were examined in consultation with
concerned stakeholders. Many of the recommendation suggested by the Mudgal
Committee have been taken into account while drafting the new Cinematograph
Bill, 2014. The Draft Cabinet Note on introduction of the Bill would be circulated
amongst concerned Ministries for seeking their comments on the Bill prior to
introduction in the Parliament.
2.6 was
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Not applicable.
Q
Indicate whether the Acts or the provisions
thereof or Schedules thereto mentioned
under column (2), in the opinion of the
Ministry/ Department require to be
continued or repealed or amended
alongwith justification.
H
Reasons for not bringing
into force the Acts or
Department under the Government of India sections thereof or Schedule
(Allocation of Business) Rules, 1961 or sections thereto mentioned under
thereof or Schedule thereto whichhave not come column (1).
into force as on date.
(2)
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Tel.: 23387q39
Fax: 23382386
No.5/80/2011-CS
Government of India
Ministry of Corporate Affairs
5th F.loor,
Shastri ilhawan,
Dr. Rajendra Prasad Road,
New Delhi-110001
Dated: 10th October, 2014
Su hrct Notification of ail the Sections of the
r er,arding.
(Artioichirtent) Act, 2007-
As desired telephonically_ i1 is informed that all the Sections of the
Competition (Amendment) Act, 2007 have already been Notified
(,).B.Kaushish)
tinder Secrictary to thii Govt. of India
Shri V.K. flhasin
Member Secretary.
Catamitieti on Repeal of Administrative Laws
PrIlliC Minister's Office,
South Block,
New Delhi
g7S6I022:01
:wpJA
K02-0I-130
•-• 31— 3-TW:f IctK
Nay Shankar
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5.11
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4,
c4-111 d I
tili.isK
Member Secretary
Government of India
National Manufacturing Competitiveness Council
D.O.No.16(1)/2014-NMCC
dated 14-10-2014
Dear Shri Rarnanujam,
You may kindly recall our brief discussion on the need to repeal all the
existing labour law(s). We have 44 laws relating to labour. Repealing the
existing labour laws and replacing them with new labour law(s) suited to the
21st century and in consonance with our ILO obligations is an essential
prerequisite for success in large scale employment generation in
manufacturing. One modern comprehensive law or at best three laws: one
relating to rights, one to welfare and one to safety is the need of the hour. The
principle that the new legislation would be fully consistent with our TT O
obligations and that this is an exercise at modernization, simplification and
rationalization with a view to creating a more conducive framework for
greater employment generation should allay any misfounded apprehensions
in this regard.
Our existing labour laws emerged in response to conditions of
2.
manufacturing in the late nineteenth and early 20th century. Many of their
provisions are clearly dated. The regulatory burden they impose appear so
onerous to small and medium enterprises that these act as a disincentive to
their growing into large enterprises. This is reflected in the extraordinary
distortion in the country where employment in the unorganized and informal
sectors has been growing so much faster than in the organised sector. At our
stage of industrialisation this should be the other way around.
The absence of a consensus on the need for labour reforms has held us
3.
back. We are yet to create an eco system where investors are comfortable in
setting up plants with global economies of scale for labour intensive
manufacturing. New plants employing over 10,000 workers in one plant need
to be seen as normal. The example of Foxconn is relevant. It employs about
1.4 million workers in factories in China to manufacture all the products of
Apple as job work.
Our experience of the post 1991 reform period has been of
4.
extraordinary success in employment generation in the services sector to
rich the existing labour laws are not applicable and of somewhat modest
Room No. 218, 'A', Vigyan Bhawan Annexe, Maulana Azad Road, New Delhi-110011
Telephone : 23022540 (Fax) : 23022529 E-mail : [email protected]
2
success in creation of employment in manufacturing. Even in the very good
years when over double digit growth rates were achieved in manufacturing,
large scale employment generation in labour intensive sectors did not happen.
Indian Industry prefers investment in capital and technology intensive
manufacturing rather than labour intensive manufacturing. The fact that in the
labour intensive segment of Apparel exports from Bangladesh are now higher
than from India is an outcome that could have hardly been imagined in the
nineties. Toys are a labour intensive industry and even the domestic Indian
market for toys is now dominated by imports.
5.
We have a major window of opportunity now as we should be able to
attract a large share of the approximately 100 million jobs which many
believe would be moving out of China in labour intensive manufacturing
sectors, such as, apparel, toys etc. due to rising wages as well as an
appreciating currency. Global supply chains would get relocated to lower cost
destinations. India's competitive advantage in terms of man-hour costs of
efficient productive workers would be there for the next two decades. The
challenge is to attract investment in plants which employ labour on the
requisite scale.
6.
The Prime Minister's vision of "Make in India" and "Made in India"
needs the creation of the supporting eco-system and the legal regulatory
framework which supports large scale job creating investment in
manufacturing.
Yours sincerely,
Lakkic,
(Ajay Shankar)
Shri R. Ramanujam,
Secretary to PM and
Chairman, Committee on
Review of Administrative Laws
PMO, South Block,
New Delhi