REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 149] NEW DELHI, TUESDAY, SEPTEMBER 14,1976/BH ADRA 23,1898 Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 14th September, 1976/Bhadra 23, 1898 (Saka) The following Act of Parliament received the assent of the President on the 13th September, 1976, and is hereby published for general information: — THE UNTOUCHABILITY (OFFENCES) AMENDMENT AND MISCELLANEOUS PROVISION ACT, 1976 No. 106 OF 1976 [13th September, 1976] An Act to amend the Untouchability (Offences) Act, 1955 and further to amend the Representation of the People Act, 1951.
BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows: —
CHAPTER I PRELIMINARY
1. (2) This Act may be called the Untouchability (Offences) Amendment and Miscellaneous Provision Act, 1976.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Short title and commencement.
CHAPTER II AMENDMENT OF THE UNTOUCHABILITY (OFFENCES) ACT, 1955
2. In the Untouchability (Offences) Act, 1955 (hereinafter referred to as the principal Act), in the long title, for the words 'practice of "Untouchability" ', the words 'preaching and practice of "Untouchability''' shall be substituted, Amendment of the long title.
22 of 1955.
(1357) 1358 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT II—
3. In section 1 of the principal Act, in sub-section (1), for the words and brackets "the Untouchability (Offences) Act", the words "the Protection of Civil Rights Act", shall be substituted.
Amendment of section 1.
Amendment of leotlon 2.
4. In section 2 of the principal Act,—
(i) clause (a) shall be re-lettered as clause (aa)f and before clause (aa) as so re-lettered, the following clause shalt-be inserted, namely: — '(a) "civil rights" means any right accruing to a person by reason of the abolition of "untouchability" by article 17 of the Constitution;';
(ii) for clause (h), the following clause shall be substituted, namely: — '(b) "place" includes a hour;e, building and other structure and premises; and also includes a tent, vehicle and vessel;';
(nit) in clause (d), for the words "and includes all lands and subsidiary shrines appurtenant or attached to any such place;", the following shall be substituted, namely: — "and includes— 0) all lands and subsidiary Shrines appurtenant or attached to any such place,
(ii) a privately owned place of worship which is, in fact, allowed by the owner thereof to be used as a place of public worship, and (Hi) such land or subsidiary shrine appurtenant to such privately owned place of worship as is allowed by the owner thereof to be used as a place of public religious worship;";
(iv) after clause (d), the following clauses shall be inserted, namely: — ' (da) "prescribed" means prescribed by rules made under this Act;
(db) "Scheduled Castes" has the meaning assigned to it in clause (24) of article 366 of the Constitution;1;
(v) in clause (e), for the words "and includes a laundry, a hair cutting saloon and any other place where services are rendered to customers", the following shall be substituted, namely:— "and includes—
(i) any place from where goods are soM by a hawker or vendor or from a mobile van or cart, (U) a laundry pnd a hair cutting saloon,
(in) any other pliicp where services are rendered to customers".
SEC. 1} TliE GAZE^M Q? INDIA &t1ritA(}ltDIN'ARY 1359
5. In section 3 of the principal Act,—
(i) in clause (a), the words "or belonging to the same religious denomination'' shall be omitted;
Amendment of section 3,
(it) in clause (fa),—
(a) after the word "water-course,", the words "river or lake or bathing at any ghat of such tank, water-course, river or lake" shall be inserted;
(6) the words "or belonging to the same religious denomination" shall be omitted;
(iii) for the words "shall be punishable with imprisonment which may extend to six months, or with fine which may extend to live hundred rupees, or with both", the words "shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than live hundred rupees" shall be substituted.
(J. In section 4 of the principal Act,— Amend.
mentof section 4.(i) for the words "persons professing the same religion or belonging to the same religious denomination or any section thereof, as such person", wherever they occur, the words "any section thereof" shall be substituted;
(ii) in clause (iii), after the words "trade or business", the words ' or employment in any job" shall be inserted;
(iii) in clause (x), for the words "taking part in any religious procession", the words "'.aking part in, or taking out, any religious, social or cultural processi'or" shall be substituted;
(iv) for the words "shall be punishable with imprisonment which may extend to six months, or with fine which may extend to fivt hundred rupees, or with both", the words "shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundr id rupees and not more than five hundred rupees" shall be substituted;
(v) the following Explanation shall be inserted at the end,, namely:-^ 'Explanation—For the purposes of this section, "enforcement of any disability" includes any discrimination on the ground of "untouchability'V.
7. In section 5 of the principal Act,— Amendment of section 5,(i) in clause (a), the words "attached thereto" shall be omitted;
. .. . (ii) for the words "shall be punishable with imprisonment which may-extend to six months, or w.'th fine which may extend to five hundred .rupees, or with both", the words "shall be punishable with i|6o tHfi GAlZETf E OP INDIA EXTRAOjRDlNAHY [PAHT I I - imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees" shall be substituted-
8. In section 6 of the principal Act, for the words "shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both", the words "shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees" shall be substituted.
Attend* ment of section 6.
9. In section 7 of the principal Act,—Amendment ctf section 7. (i) in sub-section (1),—
(a) in clause (c), the word "or" shall be inserted at the end;
(b) after clause (e), as so amended, the following clause shall be inserted, namely: — '(d) insults or attempts to insult, on the ground of "untouchability", a member of a Scheduled Caste;';
(c) for the words "shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both", the words "shall be punishable with imprisonment for a term of not less than one month and not more than six months and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees" shall be substituted;
(d) the Explanation shall be re-numbered as Explanation 1, and after Explanation I as so re-numbered, the fyllow ing Explanation shall be inserted, namely: — 'Explanation II.—For the purposes of clause (c), a person shall be deemed to incite or encourage the practice of "untouchability"—
(i) if he, directly or indirectly, preaches "untouchability'' or its practice in any form; or
(it) if he justifies, whether on historical, philosophical or religious grounds or on the ground of any tradition of the caste system or on any other ground, the practice of "untouchability" im any form.';
(ii) after sub-section (3), the following sub-section shall be inserted, namely: — '(1A) Whoever commits any offence against the person or property of any individual as a repraisal or revenge for his having exercised any right accruing to him by reason of the abolition of ''untouchability'' under article IV of the Constitution, shall, where the offence is punishable with imprisonment for a term exceed' SEC. l] THE GAZETTE OF INDIA SJCTBAOBDIUABV I I 6 I ing two years, be punishable with imprisonment lor a term which shall not be less than two years and also with fine.';
{Hi) in sub-section (2), in clause (it), for the words "shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five hundred rupees, or with both", the words "shall be punishable with imprisonment for a term of not less than one month and not more than six months, and also with fine which shall be not less than one hundred rupees and not more than five hundred rupees" shall be substituted.
10. After section 7 of the principal Act, the following section shall be inserted, namely: — Insertion of new section
7A.
'7A. (1) Whoever compels any person, on the ground of "untouchability", to do any scavenging or sweeping or to remove any carcass or to flay any animal or to remove the umbilical cord or to do any other job of a similar nature, shall be deemed to have enforced a disability arising out of "untouchability".
(2) Whoever is deemed under sub-section (i) to have enforced a disability arising out of "untouchability" shall be punishable with imprisonment for a term which shall not be less than three months and not more than six months and also with fine which shall not be less than one hundred rupees and not more than five hundred rupees.
Unlawful compulsory labour when to be deemed to be a practice of untouchability.
Explanation.—For the purposes of this section, "compulsion" includes a threat of social or economic boycott.'.
11. In section 9 of the principal Act, after the words "place of public worship", the words "or any educational institution or hostel" shall be inserted. ';
12. In section 10 of the principal Act, the following Explanation shall be inserted at the end, namely: — Amendment of section 0, Amendment of section 10."Explanation.—A public servant who wilfully neglects the investigation of any offence punishable under this Act shall be deemed to have abetted an offence punishable under this Act.".
13. After section 10 of the principal Act, the following section shall be inserted, namely: — Insertion of new section
10A.
"10A. (2) If, after an inquiry in the prescribed manner, the State Government is satisfied that the inhabitants of an area are concerned in, or abetting the commission of, any offence punishable under this Act, or harbouring persons concerned in the commission of such offence or failing to render all the assistance in their power to discover or apprehend the offender or offenders or suppressing material evidence of the commission of such offence, the State Government may, by notification in the Official Gazette, impose a collective fine on such inhabitants and apportion such fine amongst the inhabitants who are liable collectively to pay it, and such apportionment shall be made according to the State Government's judgment of the respective means of such inhabitants and in making any such apportionment the State Government may assign a portion of such fine to a Hindu undivided family to be payable by it:
(5) The portion of collective fine payable by any person (including a Hindu undivided family) may be recovered in the manner provided by the Code of Criminal Procedure, 1973, for the recovery of fines imposed by a Court as if such portion were a fine imposed by a Magistrate.".
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1363 16, After section 14 of the principal Act, the following section shall be inserted, namely: - - Insertion of new section
14A.
"14A. (?) No suit, prosecution or other legal proceeding shall lie against the Central Government or a Slate Government for anything which is in good faith done or intended 'O be done under this Act.
(2) No suit or other legal proceeding shall lie against the Cential Government or a State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.'1.
Protection of action taken in good faith.
17. For section 15 of the principal Act, the following sections shall be substituted, namely: —- "15, (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under this Act shall be cognizable and every such offence, except where it is punishable with imprisonment for a minimum term exceeding three months, may be tried summarily by a Judicial Magistrate of the first class or in a metropolitan area by a Metropolitan Magistrate in accordance with the procedure specified in the said Code.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, when any public servant is alleged to have committed the offence of abetment of an offence punishable under this Act, while acting or purporting to act in the discharge of his official duty, no court shall take cognisance of such offence of abetment except with the previous sanction—•
(a) of the Central Government, in the case of a person employed in connection with the affairs of the Union; and
(b) of the State Government, in the case of a person employed in connection with the affairs of a State.
15A. (I) Subject to such rules as the Central Government may make m this behalf, the State Government shall take such measures as may be necessary for ensuring that the rights arising from the abolition of "untouchability" are made available to, and are availed of by, the persons subjected to any disability arising out of "untouchability".
(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include—
(i) the provision of adequate facilities, including legal aid, to the persons subjected to any disability arising out of "untouchability" to enable them to avail themselves of such rights;
(ii) the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act:
(in) the setting up of special courts for the trial of offences under this Act;
(if) the setting up of Committees at such appropriate levels as the State Government mnv think fit to assist the State Govern- 2 of 1974.
2 of 1974.
Substitution of section 15.
Offences to be cognizable and triable summarily.
ment in formulating or implementing such measures;
Duty of State Government to ensure that the rights accruing from the abolition of "untouchability" maybe avail, ed of by the concerned persons.
1364 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(v) provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provisions of this Act,
(m) the identification of the areas where persons are under any disability arising out of "untouchability" and adoption of such measures as would ensure the removal of such disability from such areas.
(3) The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Governments under sub-section (7).
(4) The Central Government shall, every year, place on the Table of each House of Parliament, a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this section.".
18. After section 16 of the principal Act, the following sections shall be inserted, namely.— Insertion of new sections 16Aand
16B.
Probation of Offenders Act, 1958, not to apply to persona above the age of fourteen years.
"16A. The provisions of the Probation of Offenders Act, 1958, shall not apply to any person above the age of fourteen years who is found guilty of having committed any offence punishable under this Act.
20 of 1908.
16B. (I) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".
Power to make rules.
CHAPTER III MISCELLANEOUS 19 References in any Act, rule, notification or order to the Untouchability (Offences) Act, 1955, shall, on the commencement of this Act, be construed as reference to the Protection of Civil Rights Act, 1955.
Co tio rei 22 of 1959, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 1365
20. The alteration of the short title of the Untouchability (Offences) Act, 1955, shall not—22 of 1955.
Savings,
(a) affect the previous operation of the Untouchability (Offences) Act, 1955, or anything duly done or suffered thereunder previous to such alteration; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Untouchability (Offences) Act, 1955, previous to the alteration of its short title; or
(c) affect any penalty or punishment incurred in respect of any offence committed against the Untouchability (Offences) Act, 1955, before the commencement of this Act; or
(d) affect any Investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty or punishment may be imposed as if this Act had not been passed.
22 of 1955.
CHAPTER IV AMENDMENT OF THE REPRESENTATION OF THE PEOPLE ACT, 1951
21. In section 8 of the Representation of the People Act, 1951, in subsection (1), after the words "the Indian Penal Code," the words and figures "or under the Protection of Civil Rights Act, 1955" shall be inserted.
Amend, ment of Act 43 of 1951.
S. K. MAITRA, Jt. Secy, to the Govt. of India.
FMNIED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OP PUBLICATIONS, DELHI, 1976