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RSS/3q/5.00

SHRI PRANAB MUKHERJEE (CONTD.): And till date, I have developed that habit. That is why, when a smart Minister can dispose of a file in 5 minutes, I take, not 50 minutes, but, at least, 15-20 minutes because, that is in-built in my habit. So, please do not be under the impression that I have not studied it. But, it is equally true that I have not accepted all the recommendations. Out of 92 recommendations, I have accepted 42 recommendations. I have accepted one of the major recommendations about which many of you commented, that is, what is to be done about the development of 15 lakh acres of defence land. But surely, I would like to tell you that there should not be any illusion on this score because I am not going to hand over these lands to the promoters to construct the high rise buildings and complexes because the defence requirement is to be kept in view, and whatever is needed, we will be doing that. It is not correct to say that whenever the requirement of the society comes or the developmental proposals come, we do not accept them. Just on 23rd, I was in Pune, sitting along with the local MP and the chairperson of the Municipal Corporation, for the construction of roads, for the link roads and for the development of airport. There, along with my officers, I took the decision. Delhi Metro Rail is substantially on the defence land. For the Bangalore development projects, substantially, we are giving the defence land. That is why a decision was taken, and I do consider very correctly taken in 1990, not long ago, that even if a small piece of defence land is to be transferred, it is to be decided at the level of the Cabinet, not at the level of the Defence Minister, and I do feel that it is a very judicious decision. Otherwise, in the days of land grabbing, I am sorry for using this phrase, perhaps, you would have been confronted with a situation that all the prime lands would have gone.

Coming to the observation which Sushmaji made that why didn't we do it? It is not that we wanted to create full-fledged municipalities. That is why we kept it like this, 8 nominated members and 8 elected members. Certain hon. Members made their observations that why you are not making the reservations. It is one of the reasons why it has taken so much time. Right from 2003 to 2006, reasons are obvious. In 2003, the Bill was introduced here. After that, Lok Sabha was dissolved in 2004. Thereafter, new Standing Committees were constituted, and Bills were referred to them. They submitted their report. In 2005, we could have passed that Bill. In the last Session, I introduced the Bill. But, Sushmaji has very correctly pointed out that it is a voluminous Bill. There are 365 clauses, 5 schedules, and a large number of amendments are there. Therefore, it will take time. That is why some time has been taken. I need not make any comments because, you know, nowadays, you do not get much time for the legislation. A lot of other issues are keeping Parliament engaged. But, then, for reservation, we have provided clause 31. I have not mentioned that. But, if you read clause 31(d), you will find that the Government will, by rules, divide the cantonment areas in wards, and reservation for the Scheduled Castes, Scheduled Tribes and women will be made by the rules. A provision has been made in clause 31, sub-clause (d). Therefore, that is one aspect which we thought is needed. (contd. by 3r)

-RSS/MKS/KLG/5.05/3R

SHRI PRANAB MUKHERJEE (CONTD.): In regard to the provision for certain facilities which are to be created, I don't say that in all cantonments, we have been able to provide certain facilities which are desirable. But in most of the cases, the election could not take place because of the simple fact that we were hoping that the Bill would be passed, and once the Bill was passed, the reservations would also be there and we would hold the elections.

My friend, Yelliaiah Nandiji, was talking of the election in the Secunderabad Board. It is because of the High Court direction. The election has to take place; election will take place, and after that, we will seek the advice of the High Court. If they say that 'you should hold elections under the new Act', we will have it. The problem is that there cannot be any readymade solution in respect of the properties which they are holding in these civil areas because these are all related to the titles. Whatever decision we may take, even the cantonment boards say that it is not binding because people will go to the court, and Members are fully aware of how much time a court takes to resolve the different issues so far as the title is concerned.

Some comment has been made why you are not giving the power to the Board itself to impose the taxes. For very obvious reasons. We want development. And excuse me, as an old hat in the Ministry of Finance, I do always feel that taxation can be done. Though the basic principle of parliamentary representation is 'no taxation without representation', the fact of the matter is, people's representatives are always subjected to tremendous pressure because taxation is the most unwelcome job of the people, which is to be undertaken by the representatives. That was why, once a prince has pointed out that a prince should always remember that a man can forgive the murderer of his father, but a man cannot forgive a person who forfeited his property. Therefore, I do feel that if you give the right to impose taxes on the elected members, and if a cantonment is having 20,000 people and eight members--and each elected member will be known to the electorate--it would be extremely difficult for him to take hard decisions. But for development, we require them. And I say, and very frankly I have admitted, that it is not full democratisation. It was to better an arrangement, which we have had earlier, by enhancing the number of members, by having the elected Vice-President, and if theoretically 'yes', provision is there. But hardly any board has been superseded in the contemporary period. I checked up from the officers; no supersession has taken place in the recent period. Therefore, with taxation, we thought, it would be better to keep it up.

Concerning clause 97, I request Sushmaji to bear in mind that on this clause, there is no recommendation of the Standing Committee. The order of a District Court confirming, setting aside or modification of an order in respect of any valuation or assessment or liability to assessment or taxation shall be final because some finality is to be given and I don't think that there is any justification for removing the appeal.

Clause 67 is for fees. Fees are not taxation. Fees are collected for providing certain services. (Contd. by TMV/3S)

-MKS-TMV-AKA/3S/5.10

SHRI PRANAB MUKHERJEE (CONTD.): In respect of taxation, clause 66, I have already stated that it has provided a sound base for the financial health of the Boards. We have noted that there are certain Cantonment Boards which are financially weak and there are certain Cantonment Boards which are financially sound. So, we felt that, instead of depending on the Government, there should be a provision for cross-subsidisation. Recently I have gone to one of the Cantonments, the Barrackpore Cantonment, for a formal inauguration. There I was pleased to see that from the Cantonment Board fund they have provided drinking water facilities not only to civic areas within the jurisdiction of the Cantonment Board but also to 9,000 people outside the Cantonment Board. They are getting benefit out of it. This is possible. Not a single rupee has been taken from the State Government or from the Union Government. They even did not charge it from the Defence. We are not to spend much on the Cantonments.

Shri Shyam Benegal has raised a very valuable point about the heritages. We have made provision in clause 164. That will also be taken note of. Apart from that, some of the buildings, furniture, paintings--Sushmaji is aware of it--in the old Cantonments are being simply destroyed. I have asked my officers, as quickly and as fast as possible they can, to procure them and preserve them. If they can't preserve them, let them be transferred to those who can preserve them because these are national heritages. We must have them. Normally, the Army maintains them better than the civilian population. That is also a fact. But still, if we find that they could not be properly protected, we should make some arrangements for their proper upkeep.

Mr. Deputy Chairman, I have already replied to certain other points. Now we have increased the number. But I must say that it is not adequate. If you compare it with the electoral ratio, it is much less. Compared to the Municipalities and big Corporations, the electorate and the elected ratio in the Cantonment Boards is much favourable because the total number is increased from 341, as per the existing Act, to 392. I have already mentioned about women representation.

I have stated that out of the 95 recommendations of the Standing Committee, I have accepted 42 recommendations. I don't say that this Bill is foolproof. There may be certain lacunae. There will be no problem. As and when we implement the provisions of this Bill, after putting them into operation, if we find that it requires certain amendments and corrections, surely, we will be able to do them.

In respect of the problem which the former Mayor of Kolkata Corporation and my old friend, Prasantababu, referred to, it is a genuine problem. Here also it is reciprocal. But we have taken it up that, at least, the municipal body should be compensated, if they can't collect revenue from Central properties as property tax. This issue, of course, is a larger issue.

Another point which has been referred to is regarding the thoroughfare through the Danapur Cantonment. Though it is not within the purview of this Bill, surely, I will discuss this problem with my colleague in the Ministry of Surface Transport. (Contd. by RG/3T)

RG/SCH/5.15/3T

SHRI PRANAB MUKHERJEE (contd.): Perhaps the best course would be to have a bypass because a town has developed through that area. Therefore, in some areas, we are helping them by providing lands. But if it is too long a stretch, then, it becomes a problem from the security point of view also. Nowadays, nobody knows what would happen at what point of time. Therefore, the best course would be to have a bypass. In certain areas, we are having it because over the years, urbananisation has taken place around the Cantonments.

With these words, I request the hon. Members to lend their support to this Bill.

֮ ֻ ӛ: ֳ֯ן , ֯ ִ֬ ֮֮ߵ ӡ ֮֯ ִ ֛ ִõ ָ , ָ ֯ ֮ פ֮ օ ֛ ߓ-ߓ ֟ ...(־֮֬)

ֲ ֕: ׻֋ ...(־֮֬)

֮ ֻ ӛ: ִֻ ֮֯ ֓ , ׻֋

SHRI PRANAB MUKHERJEE: I just told you that I would take it up with my colleague, the Minister of Surface Transport. The first thing I mentioned about it...

Ӥ 껻: ָ ָ, ׸ױ֮ ...(־֮֬)

MR. DEPUTY CHAIRMAN: He has given all the information in detail. What else do you want?

Ӥ 껻: ָ, ӡ ׸ױ֮ ֲ֤ ִ 1924 ֯ ꌙ ֮ , ִ֮ ָֻ ײ י׻֙ ׻֋ ï֙ ֮ օ ֕ ִ֕ ֟ ו֮ , ֕ ֮ ׻֋ ֟ ֕ , ֯ כ , , ו כ ֻ ֛ , ָ ï֙ ֮֮ ׻֋ ָֻ Ӭ ï֙ ֮ ׻֋ ݵָ ߙ ß , ָ ׸ ֕ ӡ ָ , ֯ Ùߙ֮ ֟ ו֋ ïױ ֲ֤ ִ ֟ ...(־֮֬)

ֳ֯ן: ֟ פ ...(־֮֬) ֟ פ օ

SHRI PRANAB MUKHERJEE: Sir, you would appreciate that it is not possible to answer individual problems of all the 62 Cantonments. But whenever any developmental proposal comes from certain areas, we will look into it and, if possible, we will do it. In this case also, I will consider it.

SHRI N. JOTHI: Sir, what I am going to raise is a general issue. I have a small doubt which the hon. Minister can clarify. In clause 12 (9) at Page 8, it says, "The Member of Parliament and Member of Legislative Assembly representing constituencies which comprises wholly or partly the cantonment area..." I would like the hon. Minister to clarify as to whether the Member of Parliament includes a Member of the Lok Sabha or a Member of the Rajya Sabha or both.

SHRI PRANAB MUKHERJEE: Of course, it is the Lok Sabha Member because cantonment is located in a territory, and territory comes within a territorial area of a Member of the Lok Sabha. The Members of Rajya Sabha do not have any territory.

SHRI N. JOTHI: You had been a Member of the Rajya Sabha for a long period...(Interruptions) We have got a nodal district...

SHRI PRANAB MUKHERJEE: We have stated, "representing that constituency where the cantonment is located".

SHRI N. JOTHI: I would request the hon. Minister to consider including Rajya Sabha Members who are residing in that locality...(Interruptions) I am not speaking for myself. I am not residing in any cantonment area. Even if I happen to be there, kindly exclude me from that. I am only saying it as a general case. In times of dissolution of the Lok Sabha, inclusion of a Rajya Sabha Member can be considered. That is No.1. Secondly, in Schedule IV at Page 113, "Cases under which police may arrest without warrant", in clause 289 (1) (a) (iv), you have mentioned 'begging'. You kindly look at the description given here. (Contd. by 3U)

TDB-MCM/3U/5.20

SHRI N. JOTHI (CONTD.): My Lord, have you got it? ...(Interruptions)... Mr. Minister, have you got it?

SHRI RAVULA CHANDRA SEKAR REDDY: Sir, he has just come out of the court. ...(Interruptions)...

SHRI N. JOTHI: Sorry, Sir. ...(Interruptions)... Quite often, I make such mistakes. ...(Interruptions)...

MR. DEPUTY CHAIRMAN: He forgets that he is in Rajya Sabha. ...(Interruptions)...

SHRI N. JOTHI: Sir, please look at 289(1)(iv) at page 87. Sir, begging is not a great offence to be arrested without warrant. We can instead say, "He will be removed from that area." Sir, who is a beggar? He is seeking alms.

SHRI PRANAB MUKHERJEE: Okay, agreed. ...(Interruptions)...

MR. DEPUTY CHAIRMAN: He has agreed to it. ...(Interruptions)...

SHRIMATI S.G. INDIRA: Sir, these are all the points I made, but I did not get replies from the hon. Minister. ...(Interruptions)...

SHRI N. JOTHI: Sir, first of all, nobody wants to be a beggar. After all, he is a soul...(Interruptions)...

MR. DEPUTY CHAIRMAN: Your point is well taken.

SHRI N. JOTHI: He is a soul born without a...(Interruptions)...

SHRI PRANAB MUKHERJEE: I have already accepted your point. Why are you going on arguing?

SHRI N. JOTHI: Thank you, Sir.

------------------------------------------------------------------------------------

* Pp 555 Onwards will be issued as Supplement.


TDB-MCM/3U/5.20

THE CANTONMENTS BILL, 2003 - (CONTD.)

MR. DEPUTY CHAIRMAN: Now, the question is:

That the Bill to consolidate and amend the law relating to the

administration of cantonments with a view to impart greater

democratisation, improvement of their financial base to make

provisions for developmental activities, proper regulation,

control and management of defence lands including extension

of cantonment laws to such lands situated throughout the

territory of India and for matters connected therewith or

incidental thereto, be taken into consideration.

 

The motion was adopted.

MR. DEPUTY CHAIRMAN: We shall now take up clause-by-clause consideration of the Bill. In Clause 2, there is one amendment (No.4) by the hon. Minister.

CLAUSE 2 - Definitions
SHRI PRANAB MUKHERJEE: Sir, now, Sushmaji's thing comes. And, here, I can tell you one thing. Sir, just for one minute, I take your indulgence because I did not answer that point. I have taken note of your view. But, I thought as most of the amendments are related to the recommendations of the Standing Committee and others, but I thought that would have been better to reprint it. It would not have been very costly, but it would have given a lot of facility to the Members to read it. Henceforth, I will accept that. And, now, my ordeal starts. (Interruptions)

Sir, I move:

4.

That at page 3, for lines 40 and 41, the following be substituted, namely; -

 

"therein, or declared as such by the Chief Executive Officer and in case of a dispute, as decided by the District Magistrate;"

 

The question was put and the motion was adopted.

Clause 2, as amended, was added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 3, there is one amendment (No.5) by the hon. Minister.

CLAUSE-3 - Definition of cantonments

SHRI PRANAB MUKHERJEE: Sir, I move:

5.

That at page 5, for lines 43 to 46, the following be substituted, namely,-

 

"(3) When any place is declared a cantonment under sub-section (1), the Central Government shall constitute a Board within a period of one year in accordance with the provisions of this Act:

 

 

Provided that the Central Government may, for the reasons to be recorded in writing, extend the said period of one year for a further period of six months at a time:

 

 

Provided further that the Central Government may, until a Board is constituted, by order make necessary provisions for the efficient administration of the cantonment."

 
The question was put and the motion was adopted.

Clause 3, as amended, was added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 4, there are two amendments (Nos. 6 and 7) by the hon. Minister.

CLAUSE - 4 - Alteration of limits of cantonments

SHRI PRANAB MUKHERJEE: Sir, I move:

6.

That at page 6, line 11, for the words "within six weeks" the words "within eight weeks" be substituted.

7.

That at page 6, line 15, for the words "expiry of six weeks" the words "expiry of eight weeks" be substituted.

 

The questions were put and the motions were adopted.

Clause 4, as amended, was added to the Bill.

Clause 5 was added to the Bill

.

MR. DEPUTY CHAIRMAN: In Clause 6, there are three amendments (Nos. 8 to 10) by the hon. Minister.

CLAUSE - 6 - Disposal of cantonment fund when area ceases to be a cantonment

SHRI PRANAB MUKHERJEE: Sir, I move:

8.

That at page 6, line 25, in marginal heading, after the words "cantonment fund" the words "and cantonment development fund" be inserted.

9.

That at page 6, line 27, after the words "cantonment fund" the words "or the cantonment development fund" be inserted.

10.

That at page 6, line 32, after the words "cantonment fund" the words "or the cantonment development fund" be inserted.

The questions were put and the motions were adopted.

Clause 6, as amended, was added to the Bill.

MR. DEPUTY CHAIRMAN: In Clause 7, there are three amendments (No.11 to 13) by the hon. Minister.

CLAUSE - 7 - Disposal of cantonment fund when area ceases to be included in a cantonment


SHRI PRANAB MUKHERJEE: Sir, I move:

11.

That at page 6, line 34, in marginal heading, after the words "cantonment fund" the words "and cantonment development fund" be inserted.

12.

That at page 6, line 36, after the words "cantonment fund" the words "or the cantonment development fund" be inserted.

13.

That at page 6, line 42, after the words "cantonment fund" the words "or the cantonment development fund" be inserted.

 
The questions were put and the motions were adopted.

Clause 7, as amended, was added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 8, there is one amendment (No. 14) by the hon. Minister.

CLAUSE - 8 - Application of funds and property transferred under sections 6 and 7

SHRI PRANAB MUKHERJEE: Sir, I move:

14.

That at page 6, for line 46, the following be substituted, namely-

 

"8. Any cantonment fund or a cantonment development fund or a portion thereof or other property of a"

 

The question was put and the motion was adopted.

Clause 8, as amended, was added to the Bill.

Clause 9 was added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 10, there is one amendment (No. 15) by the hon. Minister.

CLAUSE - 10 Cantonment Board

SHRI PRANAB MUKHERJEE: Sir, I move:

15.

That at page 7, for lines 11 and 12, the following be substituted, namely-

 

"(2) Every Board shall be deemed to be a municipality under article 243P(e) of the Constitution for the purposes of-

 

 

(a)

receiving grants and allocations; or

 

 

(b)

implementing the Central Government schemes of social welfare, public health, hygiene, safety, water supply, sanitation, urban renewal and education."

The question was put and the motion was adopted.

Clause 10, as amended, was added to the Bill.

 

(Contd. by kgg/3w)

kgg-gs/3w/5.25

Clause 11 was added to the Bill.

Clause - 12 : Constitution of Cantonment Boards

MR. DEPUTY CHAIRMAN: We shall now take up Clause 12. There are three amendments (Nos.96 to 98) by Smt. Sushma Swaraj.

SHRIMATI SUSHMA SWARAJ: Sir, I beg to move:

96.           That at page 7, line 40, for the words "eight members" the words "nine Members" be substituted.

97.           That at page 8, line 13, forthe words "seven members" the words "eight members" be substituted.

98.           That at page 8, line 44, for the words "but without a right to vote" the words "with a right to vote" be substituted.

 

ָ, ߮ ӡ ־ֲ ׸י ֮ ׻֋ ֮ 7 8 6 7 օ ױ ֲ և֮ ֟ , ׮־ד֟ ֤õ ܵ ֤ ֮ߟ ֤õ ֤ , ֤ ӡ ױ ׬׸ ִ֬ ֻ֮ ָ, Ծ֮ ִֻօ ֲ ָ ֻ , ִָ ֤ ֯ ִָ 8 8 ״ֻ 16 7 7 ״ֻ 14 ׻֋ ߮ , ֈӛ ׮־ד֟ ֤õ ܵ ָ ֮ 9 ֵ ֲֻ֟ ֮ ִ ָ Ù ׮־ד֟ ֤õ ܵ 7 ָ 8 ֵ

ָ, ӿ֮ ß

The questions were proposed.

SHRI PRANAB MUKHERJEE: Sir, I have already replied that this is not possible and in many of the Boards there are even number of members. So, it is not that insurmountable problem. Let us have it.

MR. DEPUTY CHAIRMAN: I now put the amendments (Nos. 96 to 98) to vote.

Amendments (Nos. 96 to 98) were negatived.

Clause 12 was added to the Bill.

Clause 13 was added to the Bill.

Clause - 14 : Term of office of members

MR. DEPUTY CHAIRMAN: We shall now take up clause 14. There is two amendments (Nos.16 & 17) by the Minister.

SHRI PRANAB MUKHERJEE: Sir, I move that:

 

16

That at page 9, for lines 29 to 32, the following be substituted, namely --

 

 

"14. (1) Save as otherwise provided in this section, the term of office of a member of a Board shall be five years and shall commence --

 

 

 

(a)

in case of an elected member, from the date of notification of his election under sub-section (8) of section 12, or from the date on which the vacancy has occurred to which he is elected, whichever is later; and

 

 

 

(b)

in case of a nominated member, from the date of nomination under clauses (b) and (f) of sub-section (3), clauses (b) and (f) of sub-section (4) and clauses (b) and (f) of sub-section (5) of section 12, or the date of vacancy under clause (b) of sub-section (1) of section 18, whichever is later, and the member so nominated shall be able to take part in the proceedings of the Board:"

 

17.

That at page 9, for lines 46 and 47, the following be substituted namely --

 

"continue in office until the election of his successor is notified under

sub-section (8) of section 12 or the nomination of his successor, as

the case may be."

 

The questions were put and the motions were adopted.

Clause 14, as amended, was added to the Bill.

Clause 15 was added to the Bill.

Clause - 16 : Vacancies in special cases

 

MR. DEPUTY CHAIRMAN: We shall now take up clause 16. There are four amendments (No.18 to 21).

SHRI PRANAB MUKHERJEE: Sir, I move that:

18.

That at page 10, for lines 10 to 16, the following be substituted namely --

 

"16. (1) If for any cause at an election no member is elected, or if the elected member is unwilling to serve on the Board, fresh election shall be held to fill up such vacancy."

19.

That at page 10, lines 25 to 28, be deleted.

20.

That at page 10, line 29, for "the bracket and letter "(c)", the bracket and letter "(b)", be substituted.

21.

That at page 10, for lines 41 to 43, the following be substituted namely --

 

"(5) The term of office of a member nominated under this section shall expire at the time at which it would have expired if he had been elected at the casual election"

The questions were put and the motions were adopted.

Clause 16, as amended, was added to the Bill.

Clause 17 : Oath of affirmation

MR. DEPUTY CHAIRMAN: We shall now take up clause 17. There are two amendments (Nos. 22 and 23) by the Minister.


SHRI PRANAB MUKHERJEE: Sir, I move:

 

22.

That at page 10, line 44, the bracket and figure "(1)" be deleted.

23.

That at page 11, lines 1 to 5 be deleted.

 

The questions were put and the motions were adopted.

Clause 17, as amended, was added to the Bill.

Clause - 18 : Resignation

MR. DEPUTY CHAIRMAN: Now, we shall take up clause 18. There is one amendment (No. 24) by the Minister.

SHRI PRANAB MUKHERJEE: Sir, I move that:

24.

That at page 11, line 7, for the words "forward it for orders" the words "forward it for acceptance and notification" be substituted.

 

The question was put and the motion was adopted.

Clause 18, as amended, was added to the Bill.

 

Clause - 19 : President and Vice President

 

MR. DEPUTY CHAIRMAN: We shall now take up clause 19. There are three amendments (Nos. 25 and 26) by the Minister and (No. 99) by Smt. Sushma Swaraj.

SHRIMATI SUSHMA SWARAJ: Sir, I move:

99.           That at page 11, for lines 20-21, the words "The President of the Board shall be elected from amongst the elected members of the Board" be substituted.

MR. DEPUTY CHAIRMAN: I shall now put to vote the amendment of Smt. Sushma Swaraj.

Amendment No. 99 was negatived.

SHRI PRANAB MUKHERJEE: Sir, I move that:

25.

That at page 11, line 29, after the words "In every Board", the words "except in case of a Board falling under Category IV Cantonment" be inserted.

26.

That at page 11, after line 31, the following be inserted, namely --

 

"(4) In case of a Board falling under Category IV Cantonment, the Vice President shall be elected by draw of lot under the supervision of the President of the Board in such manner as he may decide."

 

The questions were put and the motions were adopted.

Clause 19, as amended, was added to the Bill.

 

MR. DEPUTY CHAIRMAN: We shall now take up clause 20. There is one amendment (No.27) by the Minister.

Clause - 20 : Term of office of Vice President

SHRI PRANAB MUKHERJEE: Sir, I move:

27.

That at page 11, for line 42, the following be substituted, namely --

 

"if a resolution to this effect is passed by the Board and the other elected member shall become the Vice President."

The question was put and the motion was adopted.

Clause 20, as amended was added to the Bill.

Clauses 21 to 25 were added to the Bill.

(Contd. by kls/3x)

KLS/3X-5.30

CLAUSE: 26 - Special Power of the Chief Executive Officer

MR. DEPUTY CHAIRMAN: We shall now take up clause 26 of the Bill. There is one amendment (No.28) by the hon. Minister.

SHRI PRANAB MUKHERJEE: Sir, I beg to move:

That at page 13, for line 16, the following be substituted, namely:-

"States with the approval of the Central Government"

The question was put and the motion was adopted.

Clause 26, as amended, was added to the Bill.

Clauses 27 and 28 were added to the Bill.

Clause: 29 -Qualification for being a member of the Board

MR. DEPUTY CHAIRMAN: We shall now take up clause 29 of the Bill. There is one amendment (No.29) by the hon. Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

That at page 14, line 34, for the words "as a legal practitioner by order of any competent" the words his profession or callings by order of any competent" be substituted.

The question was put and the motion was adopted.

Clause 29, as amended, was added to the Bill.

Clauses 30 to 38 were added to the Bill.

Clause: 39 -Meetings

MR. DEPUTY CHAIRMAN: We shall now take up clause 39 of the Bill. There is one amendment (No.30) by the hon. Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

That at page 19, line 33, after the words 'in like manner the words "but not more than twice except in case of a public emergency" be inserted.

The question was put and the motion was adopted.

Clause 39, as amended, was added to the Bill.

Clauses 40 to 42 were added to the Bill.

Clause-43- Minutes

MR. DEPUTY CHAIRMAN: We shall now take up clause 43 of the Bill. There are two amendments (Nos.31 & 32) by the hon. Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

That at page 20, for line 11, the following be substituted, namely -

"cantonment and its authenticated copies may be made available to him on request, at a nominal cost to be decided by the Board."

That at page 20, line 13, after the words "or information to" the words "every Member of the Board," be inserted.

The questions were put and the motions were adopted.

Clause 43, as amended, was added to the Bill.

Clauses 45 and 46 were added to the Bill.

Clause 47-Committees for civil areas

MR. DEPUTY CHAIRMAN: We shall now take up clause 47 of the Bill. There are two amendments (Nos. 33 and 34) by the hon. Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

That at page 20, for lines 41 to 43, the following be substituted, namely-

"137, section 143, section 147, section 149 and section 262 shall be exercised or discharged in respect of a civil area by the civil area committee"

That at page 20, line 45, the word and figure "section 140" be deleted.

The questions were put and the motions were adopted.

Clause 47, as amended, was added to the Bill.

Clauses 48 to 61 were added to the Bill.

Clause : 62 Duties of Board

MR. DEPUTY CHAIRMAN: We shall now take up clause 62. there are three amendments (Nos.35, 36 and 37) by the hon. Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

That at page 25, line 26, for the words "pure and wholesome"the word "potable" be substituted.

That at page 26, after line 2, the following be inserted, namely "

"(xxiii) celebrating Independence Day and Republic Day and incurring expenditure thereon;"

That at page 26, line 3, for the bracket and roman numeral "(xxiii)" the bracket and roman numeral "(xxiv)" be substituted.

The questions were put and the motions were adopted.

Clause 62, as amended, was added to the Bill.

Clause 63 was added to the Bill.

Clause:64 - Discretionary functions of Board

MR. DEPUTY CHAIRMAN: We shall now take up clause 64. There are three amendments (Nos. 38, 39 and 40) by the hon. Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

That at page 26, for lines 41 and 42, the following be substituted, namely -

"(xvii) conservation and maintenance of ancient and historical monuments, archaeological sites and remains or place of public importance in the cantonment;"

That at page 27, after line 36, the following be inserted, namely -

"Explanation "For the purposes of clause (xvii) "

(a) "conservation" means the supervision, management and maintenance of a place to retain its historical, architectural, aesthetic or cultural significance or of environment and includes the protection, improvement, preservation, restoration, reconstruction and adoption or a combination of more than one of these activities, and the use of such place in a way that ensures the social as well as economic benefits;

(b) "ancient and historical monuments, archaeological sites and remains or place of public importance include buildings, artefacts, structures, areas, or precincts of historical or aesthetical or educational or scientific or cultural or environmental significance, and those natural features of environmental significance or scenic beauty, as may be declared by the Board."

That at page 27, for line 40, the following be substituted, namely -

"cantonment fund or the cantonment development fund"

The questions were put and the motions were adopted.

Clause 64, as amended, was added to the Bill.

Clause: 66 - General Power of Taxation

MR. DEPUTY CHAIRMAN: We shall now take up clause 66. There is one amendment (No.100) by Shrimati Sushma Swaraj:

ߴ֟ ִ þָ֕ : ָ, ß־ :

100.     That at page 28, clause 66 be deleted.

MR. DEPUTY CHAIRMAN: I shall now put the amendment (No. 100) moved by Shrimati Sushma Swaraj to vote.

Amendment (No. 100) was negatived

Clause 66 was added to the Bill.

(Followed by 3Y)

-KLS-SSS-ASC/3Y/5.35

Clause 67-Charging of fees

MR. DEPUTY CHAIRMAN: Now we shall take up Clause 67. There is one amendment (101) by Shrimati Sushma Swaraj.

SHRIMATI SUSHMA SWARAJ: Sir, I beg to move:

(101) That at page 28, clause 67 be deleted.

MR. DEPUTY CHAIRMAN: I shall now put to vote the amendment of Smt. Sushma Swaraj.

 

Amendment No. ( 101) was negatived.

Clause 67 was added to the Bill

Clause 68-Norms of property tax

MR. DEPUTY CHAIRMAN: We shall now take up Clause 68. There is one amendment (No. 102) by Shrimati Sushma Swaraj.

SHRIMATI SUSHMA SWARAJ: Sir, I beg to move:

(102) That at page 29, lines 2-3,the words "and shall consist of not less than ten and not more than thirty per cent of the annual rateable value of lands and buildings" be deleted.

Amendment No. (102) was negatived.

Clause 68 was added to the Bill.

Clauses 69 to 76 were added to the Bill.

Clause 77-Authentication of assessment list

MR. DEPUTY CHAIRMAN: We shall now take up Clause 77. There is one amendment (No. 41) by the Minister.

SHRI PRANAB MUKHEREE: Sir, I move:

41.

That at page 31, lines 23 and 24, for the words "or Principal Director or Director, Command" the words "the Command or the Principal Director" be substituted.

The question was put and the motion was adopted.

Clause 77, as amended, was added to the Bill.

Clauses 78 to 98 were added to the Bill.

Clause 92-Lease of octroi, terminal tax or toll

MR. DEPUTY CHAIRMAN: We shall now take up Clause 92. There is one amendment (No. 42).

SHRI PRANAB MUKHERJEE: Sir, I move that:

42.

That at page 35, line 9, the words "President Cantonment" be deleted.

The question was put and the motion was adopted.

Clause 92, as amended, was added to the Bill

Clauses 93 to 95 were added to the Bill.

Clause 96-Conditions of right to appeal

MR. DEPUTY CHAIRMAN: We shall now take up Clause 96. There is one amendment (No. 43).


SHRI PRANAB MUKHERJEE: Sir, I move:

43.

That at page 36, line 17, for the words "appeal is determined", the words "appeal is decided" be substituted.

 

The question was put and the motion was adopted.

Clause 96, as amended, was added to the Bill.

Clause 97-Finality of appellate orders

MR. DEPUTY CHAIRMAN: We shall now take up Clause 97. There is one amendment (No. 103) by Shrimati Sushma Swaraj.

SHRIMATI SUSHMA SWARAJ: Sir, I beg to move:

(103) That at page 36, clause 97 be deleted.

ָ, ӿ֮ ß ֮ ֯ ִָ ״ֻ ֋ ֯ ָ֟ ׾֮֬֕ օ ..(־֮֬)..

ֳ֯ן : ׻֋ ֮

ߴ֟ ִ þָ֕ : ָ, ָ-97 ָ ֟ , ֮֮ߵ ӡ ָ Ù؛ ֱ׸ ֮֟ ָ Ù؛ ֱ׸ ָ ֵ֤ ָ֤֟ Ù؛ ֱ׸ ׻֋ , ׻֋ , ָ-12, ָ֬-9 , Ù؛ ֱ׸ ָ-19, ָ֬-1 , Ù؛ ֱ׸ ָ-97 Ù؛ ֱ׸ , ֯ ֮֟ ֳ֯ן , ָ-97 finality of orders ָ , כÙ ֛ ևֻ , ׸ָ ֯ ߻ , ֮ߠ ֯ և ֯ ߴ , ֻ כÙ ֛ ևֻ օ ָ-97 ָ Ùכ ֱ׸ ׻֋ 97 ߬ ӲӬ 93 ֯ ָ-93 ל, ִ ָ ߻  , ָ ֵ ,

"An appeal against the assessment or levy of, or against the refusal to refund, any tax under this Act shall lie to the District Court."

ָ-93 כÙ , ߻ ߅ ֮ ꆸ ߻ ߅ ָ-97 ָ օ ֲ 93 97 ֜ ֲֻ֟ ײֻ ןִ ߻ כÙ , Ù؛ 93 ָ ֮ ׸֮ 93 ,

"The Committee feels that administrative mechanism should be put in place to hear the appeal against the assessment or levy of or against the refusal to refund any tax under this act, so that the cantonment inhabitants should not have to take recourse to district courts which is costlier and time-consuming affair."

Ù؛ 93 ָָ ֮ , ױ 97 ־ֿ ֟ ׻֋ 97 ָ ָ ׸֮ פ, כÙ ߻ ָ , 93 ׸֮ ֮, ׻֋ 97 כߙ ׸֮ פ (3z/NB ֿ:)

-SSS/NBR-NB/3Z/5.40.

ߴ֟ ִ þָ֕ (֟) : ֮֮ߵ ӡ ֮֟ ָ ֯ Ù؛ ָ ָ 93 և recommendations ֮ , ָ 97 ֟, Ù؛ ָ 93 recommendation ֯ כÙ , ߻ ֮ administrative mechanism ֮և ָ ֯ ֮ ֯ administrative mechanism ֮֋, ֮ ӿ֮ press , ָ ֯ ֯ administrative mechanism ֮֋, ֮ ӿ֮ press ߅

The question was proposed

SHRI PRANAB MUKHERJEE: I will look into it. That is a good suggestion. But, I just cannot make the commitment and change it. It is relating to administrative mechanism. It cannot be provided in the Act.

ߴ֟ ִ þָ֕ : ױ press ߅

ֳ֯ן : assurance I will look into it. it is a good suggestion. withdraw

ߴ֟ ִ þָ֕ : ָ, ӿ֮ י , ֙ , press

ֲ ֕ : , ֯ press ו֋

MR. DEPUTY CHAIRMAN: Now, I will put the motion to vote.

Amendment No. 103 was negatived

Clause 97 was added to the Bill

Clause 98 was added to the Bill

 

Clause 99: Public notice for taxes due

MR. DEPUTY CHAIRMAN: There are two amendments nos. 44 and 45 by the hon. Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

(No.44) That at page 36, line 28, for the words "public notice to be issued", the words "separate bill and public notice to be issued as well as published in a local news paper" be substituted.

 

(No.45) That at page 36, for lines 31 to 33, the following be substituted, namely-

"(3) Any non receipt of a bill by a person shall not be a cause for non-payment of the tax notified under sub-section (1)".

 

The questions were put and the motions were adopted

Clause 99, as amended, was added to the Bill

Clauses 100 to 103 were added to the Bill

 


Clause 104: Disposal of distrained property

 

MR. DEPUTY CHAIRMAN: There are two amendments nos. 46 and 47 by the Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

(No.46) That at page 38, lines 5 to 10, be deleted.

(No.47) That at page 38, line 11, for the bracket and figure "(4)", the bracket and figure "(3)" be substituted.

 

The questions were put and the motions were adopted

Clause 104, as amended, was added to the Bill

Clause 105 was added to the Bill

 

Clause 106: Recovery from a person about to leave cantonment

 

MR. DEPUTY CHAIRMAN: There are two amendments nos. 48 and 49 by the Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

(No.48) That at page 38, line 44, for the existing marginal heading, the following marginal heading be substituted, namely-

"Recovery from a person about to leave cantonment and refund of surplus sale proceeds, if any"

(No.49) That at page 39, after line 5, the following be inserted, namely-

"(3) The surplus of the sale proceeds arising out of section 104, section 105 and this section, if any, shall immediately after the sale of the property, be credited to the cantonment fund, and the notice of such credit shall immediately be given to the person whose property has been sold, or to his legal representative and, if such money is claimed, within a period of one year from the date of notice, a refund thereof shall be made to the said person or his representative.

(4) Any surplus of the sale proceeds not claimed within one year as aforesaid shall be the property of the Board."

 

The questions were put and the motions were adopted

Clause 106, as amended, was added to the Bill

Clause 107 was added to the Bill

 

Clause 108: Every Board to be a Municipality for certain purposes

MR. DEPUTY CHAIRMAN: There is one amendment no. 50 by Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

That at page 39, for lines 12 to 16, the following be substituted, namely-

"Board to be a 108. A Board shall be deemed to be a municipal Municipality for committee for the purposes of taxation as per the taxation Municipal Taxation Act, 1881."

purposes.

 

The question was put and the motion was adopted

Clause 108, as amended, was added to the Bill

Clauses 109 to 113 were added to the Bill

 

Clause 114: Composition

 

MR. DEPUTY CHAIRMAN: There is one amendment no. 51 by Minister.

SHRI PRANAB MUKHERJEE: I move:

(No. 51) That at page 40, line 7, for the words "Chief Executive Officer" the word, "Board" be substituted.

 

The question was put and the motion was adopted

Clause 114, as amended, was added to the Bill

 

Clause 115: Irrecoverable debts

 

MR. DEPUTY CHAIRMAN: There are two amendments nos. 52 and 53 by Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

(No.52) That at page 40, line 11, for the words "Chief Executive Officer", the word, "Board" be substituted.

(No.53) That at page 40, line 15, for the words "President of Cantonment board", the words "General Officer Commanding-in-Chief, the Command" be substituted.

 

The questions were put and the motions were adopted

Clause 115, as amended, was added to the Bill

Clause 116 was added to the Bill

Clause 117: Immaterial error not to affect liability

 

MR. DEPUTY CHAIRMAN: There is one amendment no. 54 by Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

(No.54) That at page 40, for lines 38 and 39, the following be substituted, namely-

"shall be entitled to recover such compensation for the same, as the Board may decide."

 

The question was put and the motion was adopted

Clause 117, as amended, was added to the Bill.

(FOLLOWED BY USY "4A")

NBR-USY/4a/5.45

MR. DEPUTY CHAIRMAN: In Clause 118, there is one amendment (No.55) by the hon. Minister.

 

CLAUSE - 118 : Distraint not to be invalid by reason of immaterial defect.

BY SHRI PRANAB MUKHERJEE: Sir, I move:

55.

That at page 40, for lines 46 and 47, the following be substituted, namely-

 

"be entitled to recover such compensation for the same, as the Board may decide"

 

The question was put and the motion was adopted.

Clause 118 , as amended, was added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 119, there are four amendments (Nos. 56 to 59) by the hon. Minister.

 

CLAUSE - 119: Cantonment fund.

SHRI PRANAB MUKHERJEE: Sir, I move:

56.

That at page 41, line 4, for the existing marginal heading, the following marginal heading be substituted, namely -

 

"Cantonment fund and Cantonment development fund."

57.

That at page 41, line 9, be deleted.

58.

That at page 41, line 10, before the words "There shall" the bracket and figure '(2)' be inserted.

59.

That at page 41, line 15, for the words "received by" the words "received from" be substituted.

 

The questions were put and the motions were adopted.

Clause 119 , as amended, was added to the Bill.

Clause 120 was added to the Bill.

MR. DEPUTY CHAIRMAN: In Clause 121, there is one amendment (No.60) by the hon. Minister.

 

CLAUSE - 121 : Power of Board to borrow money.

SHRI PRANAB MUKHERJEE: Sir, I move:

60.

That at page 41, line 44, for the word "Board" the words "Board, on mutually agreeable terms," be substituted.

 

The question was put and the motion was adopted.

Clause121 , as amended, was added to the Bill.

 

Clauses 122 to 127 were added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 128, there are two amendments (Nos. 61 and 62) by the hon. Minister.

 

CLAUSE - 128: Execution of contract.

SHRI PRANAB MUKHERJEE: Sir, I move:

 

61.

That at page 43, line 22, for the figure "128" the figures and bracket "128.(1)" be substituted.

62.

That at page 43, after line 26, the following be inserted, namely --

 

"(2) Where the Chief Executive Officer executes a contract on behalf of the Board sanctioned under sub-section (2) of section 127, he shall submit a report, on the execution of the contract, to the Board at its next meeting."

The questions were put and the motions were adopted.

Clause 128, as amended, was added to the Bill.

Clauses 129 to 131 were added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 132, there is one amendment (No.63) by the hon. Minister.

 

CLAUSE - 132 : Public latrines, urinals and conservancy establishments.

SHRI PRANAB MUKHERJEE: Sir, I move:

 

63.

That at page 44, for line 22, the following be substituted, namely --

 

"constructed as to provide separate compartments for each sex and the compartments so constructed shall be made accessible to and barrier free for the persons with disabilities".

 

The question was put and the motion was adopted.

Clause 132, as amended, was added to the Bill.

Clauses 133 to 165 were added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 166, there is one amendment (No. 64) by the hon. Minister.

 

CLAUSE - 166: Penalty for failure to report.

SHRI PRANAB MUKHERJEE: Sir, I move:

 

64.

That at page 52, for line 13, the following be substituted, namely --

 

"extend to one thousand rupees."

 

The question was put and the motion was adopted.

Clause 166 , as amended, was added to the Bill.

Clauses 167 to 184 were added to the Bill.

MR. DEPUTY CHAIRMAN: In Clause 185, there is one amendment (No.65) by the hon. Minister.

 

CLAUSE -185: Conditions of service of safaikaramcharis and others.

SHRI PRANAB MUKHERJEE: Sir, I move:

 

65.

That at page 55 for line 50, the following be substituted, namely --

 

"may extend to one month; and the conditions of service specified herein shall, invariably be mentioned in the appointment letters of the persons employed to said services."

 

The question was put and the motion was adopted.

Clause 185 , as amended, was added to the Bill.

Clauses 186 to 209 were added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 210, there is one amendment (No. 66) by the hon. Minister.

 

CLAUSE - 210: Construction and control of drains and sewage collection and disposal works.

SHRI PRANAB MUKHERJEE: Sir, I move:

 

66.

That at page 62, after line 28, the following be inserted, namely --

 

"(4) The Board shall ensure that the sewage effluents are treated in accordance with the norms laid down under the relevant laws relating to pollution before it is dispersed into a river, stream, lake or open land."

 

The question was put and the motion was adopted.

Clause 210, as amended, as added to the Bill.

Clauses 211 to 232 were added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 233, there are two amendments (Nos. 67 and 68) by the hon. Minister.

 

CLAUSE - 233 : Preparation of land use plan.

SHRI PRANAB MUKHERJEE: Sir, I move:

 

67.

That at page 69, for lines 44 to 46, the following be substituted, namely --

 

"233. (1) On the commencement of this Act, the Chief Executive Officer shall with the approval of the Board, cause to be prepared a spatial plan for land use to be followed in the cantonment which shall include --"

68.

That at page 70, after line 5, the following be inserted, namely --

 

"(2) The Board shall give publicity to the land use plan prepared under sub-section (1), by publishing a gist of the plan in a local newspaper."

 

The question was put and the motion was adopted.

Clause 233, as amended, was added to the Bill.

 

MR. DEPUTY CHAIRMAN: In Clause 234, there is one amendment (No. 69) by the hon. Minister.

 

CLAUSE - 234: Sanction of building.

SHRI PRANAB MUKHERJEE: Sir, I move:

 

69.

That at page 70, after line 12, the following be inserted, namely --

 

"Provided that if an erected or re-erected building is meant for public purposes, then it shall be made accessible to and barrier free for the persons with disabilities."

The question was put and the motion was adopted.

Clause 234, as amended, was added to the Bill.

Clauses 235 to 238 were added to the Bill.

(Followed by 4b -- VP)

-USY/VP/HMS/5.50/4b

MR. DEPUTY CHAIRMAN: In clause 239, there is one amendment (70) by the hon. Minister.

Clause 239 - Order of stoppage of building or works

in certain cases and disposal of things removed.

 

SHRI PRANAB MUKHERJEE:  Sir, I move:

70.

That at page 72, for lines 48 and 49, the following be substituted, namely-

 

"the Chief Executive Officer by a public auction or in such other manner as he thinks fit:

 

 

Provided that such things shall only be disposed of by the Chief Executive Officer on the expiry of fifteen days in case of non perishable things and twenty-four hours in case of perishable things from the date and time of seizure."

 

The question was put and the motion was adopted.

Clause 239, as amended, was added to the Bill.

 

MR. DEPUTY CHAIRMAN:  In clause 240, there are three amendments (Nos. 71, 72 and 73) by the hon. Minister.

Clause - 240 - Power to sanction general scheme for prevention, of overcrowding, etc.

 

SHRI PRANAB MUKHERJEE:   Sir, I move:

71.

That at page 73, line 6, for the words The Central Government", the words "The General Officer Commanding-in-Chief, the Command in consultation with the Principal Director" be substituted.

72.

That at page 73, line 11, for the words "The Central Government", the words "The General Officer Commanding-in-Chief, the Command" be substituted.

73.

That at page 73, line 17, the following be substituted, namely -

 

"along with his recommendations to the Principal Director"

 

The questions were put and the motions were adopted.

Clause 240, as amended, was added to the Bill.

Clauses 241 to 243 were added to the Bill.

 

Clause 244 - Restrictions on use of buildings.

MR. DEPUTY CHAIRMAN: In clause 244, there is one amendment (No. 104) by Shrimati Sushma Swaraj.

ߴ֟ ִ þָ֕ : ָ, ָ 244 ӑ֮ ָ ֲפ ֮ ָ , 244 ָ֬-2 ו ӿ֮ פ , ֮ ־֮֬ , ֯ ֋ "Any person who contravenes the provision of sub-section (1) shall on conviction be punishable with a fine which may extend to Rs. one lakh, and in case of continuing contravention, with an additional fine of Rs. 10,000/- for every day during which the contravention continues after the date it comes to the notice." ֮ ֵ ֤ 20 ָ ֋ ןפ - ֟ ֲ Ù؛ ִ֮ ֵ Ù؛ ־֮֬ ׮ֻ֯ ߕ ָ , ִ ׿ ָ, Ù؛ ׸ӛ֮ ֯ ֜ ֟ ֯ Ù؛ օ

"The Committee understands that fine imposed under the clause is on the higher side. But the Committee feels that to maintain the very nature of the Cantonment Board, nobody should be allowed to change the character of the property on his own as this goes against the very spirit of the provisions of the clause." ָ ִ֮֬ ֵ֟, Therefore, the Committee recommends that the provisions under this clause should be as per the bye-laws in adjoining municipalities." ָ ֠ "The Committee further desires that before imposing any fine under this clause, individual concerned should be given due notice and his reply thereto should be considered by the Board. " ֮ ׸ӛ , ָ ָָ Ӿֿ߻֟ ײֻ ־ - ־֮֬ , ׸ӛ , ֋ ֯ 92 42 ׻֋ ֯ 42 innocuous ׻֋ כ ִ, כ  ֟ פ ׻ֵ, ֮֟ ֻ ֱ׸ , ֱ ֋ Ԯև ֋ ֮ ֤ ֱ׸ , ׻ֵօ ӡ ֯ ׸ ֻ ֱ׸ ӕ ? ֱ׸ י , և ׸ֵ , ־և ָ ֮ ָ ֵ ֵ֕ ֯ ֋ ָ ֋ ןפ ֯ خ ֯׻֙ ֵֻ ,

-- ӡ þָ

ֳ֯ן , ß :

104.That at page 74, after line 5, the following be inserted, namely:-

"Provided that the fine under this sub-section on contravention shall be as per the provisions of bye-laws of adjoining municipality."

 

The question was proposed.

 

SHRI PRANAB MUKHERJEE: Sir, as the question of putting or levying fine will come after the competent court finds and confirms the conviction, that is, after it finds the person guilty and after the confirmation of the conviction. Therefore, it is not correct to say that he is not being given a chance. He is given a chance in the competent court.


MR. DEPUTY CHAIRMAN: I shall now put amendment no. 104 moved by Shrimati Sushma Swaraj to vote.

Amendment (No. 104) was negatived.

Clause 244 was added to the Bill.

Clauses 245-248 were added to the Bill.

(Followed by PK/4C)

PK/PSV/4C/5.55

Clause 249: Power to seal unauthorised constructions

MR. DEPUTY CHAIRMAN: Now, we shall take up clause 249. there is one amendment no.105 by Shrimati Sushma Swaraj.

SHRIMATI SUSHMA SWARAJ: Sir, I move:

That at page 75, after line 23, the following proviso be inserted, namely:-

"Provided that the power to seal unauthorized construction and to impose penalty shall be available to the Cantonment Board only and the affected party shall have the right to file an appeal against the decision of the Board.

 

ָ, ӿ֮ ß ӡ ָ ֯ , ָ CEO ״֟ ׌ֵ և , unlimited powers. ײػ ߻ , ֻ ֮ , ָ ָ ׌ֵ CEO և ꌙ  ? ֯ ߕ ־ ֮ 7 8 פ פ, ֮֯ ָ 000-00 ֮ פ,  ïֻ ־ևߕ, ֲ Ԯߵ ꅠ ״֟ ׌ֵ և , ָ ֯ ֟ ֯ ָ Ù؛ ׸֮ ֋ The Committee notes that there is a provision for imprisonment of any person who contravenes the provisions contained in sub-clause 3 of this clause may extend to six months or with fine which may extend to twenty thousand rupees, or, both. The power to seal unauthorized construction and to impose penalty should be available to Cantonment Board only. -- ֲ , it should be available to Cantonment Board only, and there should be a provision for preferring an appeal against the decision of the Board. The Committee desires that there should be an appellate authority specified in this clause itself. ָ-ָ ָ--ָ ֱ׸ ֮֟ , Ӿֿ߻ ֮֮ ׻֋ և , ӡ ֮ ִ ӿ֮ ß

The question was proposed.

ֲ ֕ : ֯ ß ו֋, ִ ֵ The problem is that the violation is of a sanction given under the by-laws approved by the Central Government. Powers for fine and imprisonment are with the courts, and the issues of notice and appellate authority are taken care of by the systems of the court itself. Therefore, he is getting the opportunity there. And why the authority is given instead of the Board? The very first point to be kept in mind is that overall responsibility of maintaining discipline should be vested not on the Board, in that case, it will have to be given a total Municipal Board authority. It will be with the Station Commander or the Chief Executive there.

MR. DEPUTY CHAIRMAN: I shall now put the amendment no. 105 moved by Shrimati Sushma Swaraj to vote.

 

Amendment no. 105 was negatived.

Clause 249 was added to the Bill..

Clauses 250-264 were added to the Bill.

Clause 265: Public markets and slaughter houses

MR. DEPUTY CHAIRMAN: Now, we shall take up clause 265. There is one admendment no. 74 by the Minister.

 

SHRI PRANAB MUKHERJEE: Sir, I move: That at page 79, line 32 for the words "either within or without the cantonment", the words "on the land under its control" be substituted.

 

The question was put and the motion was adopted.

Clause 265, as amended, was added to the Bill.

Clause 266 was added to the Bill.

Clause 267: Power to transfer by public auction, etc.

 

MR. DEPUTY CHAIRMAN: Now, we shall take up clause, 267. There are two amendments nos. 75 and 76 by the Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

75. That at page 80, for lines 12 and 13 the following be substituted , namely:-

" sanction of the General Officer Commanding in Chief, the Command or in his absence, the Principal Director".

101.     That at page 80 for lines 23 and 24 the following be substituted, namely:-

"approved by the General Officer Commanding-in-Chief, the Command or in his absence, the Principal Director"

The questions were put and the motions were adopted.

Clause 267, as amended, was added to the Bill.

Clauses 268-301 were added to the Bill.

Clause 302: Removal and exclusion from cantonment of disorderly persons.

MR. DEPUTY CHAIRMAN: Now, we shall take up clause 302. There is one amendment no. 77 by Shri Pranab Mukherjee.

 

SHRI PRANAB MUKHERJEE: Sir, I move:

That at page 92, for lines 21 to 24 the following be substituted, namely:-

"maintenance of good order in the cantonment that such person is required to be removed therefrom and be prohibited from re-entering the cantonment, the Magistrate shall inform the matter to the Officer Commanding the Station and, the Officer Commanding the Station shall cause to be served on such person an order in"

The question was put and the motion was adopted.

Clause 302, as amended was added to the Bill.

Clauses 303-304 were added to the Bill.

Clause 305: Management of defence lands

MR. DEPUTY CHAIRMAN: Now, we shall take up clause 305. There is one amendment no. 78 by the Minister.

SHRI PRANAB MUKHERJEE: Sir, I move:

That at page 93, clause 305 be deleted.

The question was put and the motion was adopted.

Clause 305, as amended, was added to the Bill.

(Followed by 4D/PB)

 

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