Extraordinary Gazzete Notification of Private Members Bills As Introduced

jftLVªh lañ Mhñ ,yñ—¼,u½04@0007@2003—26 REGISTERED NO. DL—(N)04/0007/2003—26 सी.जी.-डी.xएxलx.G-अI.D-1H30x3x2x026-270936 CG-DL-E-13032026-270936 xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 2 PART II — Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 5] ubZ fnYyh] 'kqØokj] ekpR Z A 13J ]Y 2A 02 S 6A @QB kH YxA qu 20] 1947 ¼'kd½ No. 5] NEW DELHI, FRIDAY, MARCH 13, 2026/PHALGUNA 20, 1947 (Saka) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation.

The following Bills have been introduced in the Rajya Sabha on the 13th March, 2026:- RAJYA SABHA ___________ The following Bills have been introduced in the Rajya Sabha on the 13th March 2026:— I BILL No. LXIV of 2025 A Bill to formulate the National Mission for Climate Resilient Agriculture to mitigate the impact of climate change on agricultural productivity and ensure justice for farmers and for matters connected therewith and incidental thereto.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic

of India as follows: —

1. (1) This Act may be called as the Climate Resilient Agriculture and Short title, Farmers Protection Act, 2025. commencement and duration.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.2 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(3) It shall cease to have effect on the expiry of five years from the date of notification in the Official Gazette, except as respects things done or omitted to be done before such cesser of operation of this Act, and section 6 of the General Clauses Act, 1897, shall apply upon such cesser of 10 of 1897.

operation of this Act as if it had then been repealed by a Central Act.

Provided that the Act may be extended beyond the period of five years by an order of the Central Government, by notification in the Official Gazette.

Definitions. 2. In this Act, unless the context otherwise requires,—

(a) "appropriate Government" means in relation to a State, Government of that State and in all other cases, the Central Government;

(b) “climate change” refers to a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods;

(c) “Climate Resilient Agriculture” means the incorporation of adaptation, mitigation and other practices in agriculture which increases the capacity of the system to respond to various climate-related disturbances by resisting damage and recovering quickly;

(d) “Climate Resilient Villages” means such villages, as identified and notified by the appropriate Government, where climate resilient technologies and practices are implemented to help farmers adapt to climate change and extreme weather;

(e) “Climate Vulnerable Districts” means those districts as may be identified by the Indian Council of Agricultural Research

(ICAR) as highly vulnerable to the adverse impacts of climate change, categorised as ‘Very High’ or ‘Highly’ vulnerable, for the purpose of prioritising climate resilience interventions and support;

(f) "Digital General Crop Estimation Survey" means a nationwide initiative aimed at precisely assessing crop yields across a variety of crops, utilising a meticulously crafted survey methodology rooted in the principles of crop cutting experiments;

(g) "Mission” means the National Mission for Climate Resilient Agriculture to be formulated by the Central Government under section 5; and

(h) “prescribed” means as prescribed by rules made under this Act.

Recognising 3. (1) The Central Government shall acknowledge climate change as an climate urgent, ongoing, and multifaceted threat to agricultural productivity, food change as a security, and the livelihood of farming communities.

threat to agriculture.

(2) It shall be the duty of the Central Government to prioritise climate resilience in agriculture as an essential component of national agricultural planning and rural development.

Obligation 4. (1) The Central Government shall undertake measures to strengthen for Climate Climate Resilient Agriculture with a view to ensuring the continued Resilient livelihood and dignity of farmers.

Agriculture.

(2) The Central Government, shall endeavour to protect the environment from the adverse impacts of climate change, in such manner as may beSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3

(3) It shall cease to have effect on the expiry of five years from the date prescribed and in accordance with the provisions of any other law in this of notification in the Official Gazette, except as respects things done or regard for the time being in force or any other instrument having effect by omitted to be done before such cesser of operation of this Act, and section virtue of any such law.

6 of the General Clauses Act, 1897, shall apply upon such cesser of 10 of 1897.

5. (1) The Central Government shall formulate the National Mission for National Mission operation of this Act as if it had then been repealed by a Central Act. Climate Resilient Agriculture with the objective of sustainably using for Climate Resilient

Provided that the Act may be extended beyond the period of five existing natural resources to the optimal level through crop and livestock Agriculture. years by an order of the Central Government, by notification in the management, soil and water conservation, agroforestry etc. to achieve Official Gazette. long-term higher agricultural productivity and farm incomes under Definitions. 2. In this Act, unless the context otherwise requires,— climate variabilities.

(2) The Central Government may, through the Indian Council of

(a) "appropriate Government" means in relation to a State, Agriculture Research or any such competitive authority, as it may deem Government of that State and in all other cases, the Central fit, from time to time, identify the Climate Vulnerable Districts in Government;

predominantly agricultural districts of the country.

(b) “climate change” refers to a change of climate which is

(3) The appropriate Government may consider aligning their existing attributed directly or indirectly to human activity that alters the programmes and schemes with the principles of Climate Resilient composition of the global atmosphere and which is in addition Agriculture in the districts identified as climate vulnerable under sub- to natural climate variability observed over comparable time

section (2). periods;

6. (1) The Central Government shall promote Climate Resilient Promotion of

(c) “Climate Resilient Agriculture” means the Agriculture by focusing on areas such as improved crop seeds, improved incorporation of adaptation, mitigation and other practices in crop seeds, livestock development, and fish culture enhancement, through agriculture which increases the capacity of the system to respond livestock, and climate change-linked schemes and programmes. fish culture.

to various climate-related disturbances by resisting damage and recovering quickly; (2) The appropriate Government, shall implement the Mission by specific interventions, taking into account regional and local

(d) “Climate Resilient Villages” means such villages, as conditions and climate vulnerability, such as the development and identified and notified by the appropriate Government, where expansion of Climate Resilient Villages and Climate Resilient Coastal climate resilient technologies and practices are implemented to Fishermen Villages, seasonal crop planning, distribution of help farmers adapt to climate change and extreme weather;

subsidised climate resilient seeds, and organisation of awareness and

(e) “Climate Vulnerable Districts” means those districts as training drives for farmers. may be identified by the Indian Council of Agricultural Research

7. (1) To enhance irrigation practices, efforts shall be undertaken by the Improvement of

(ICAR) as highly vulnerable to the adverse impacts of climate water use appropriate Government to improve water use efficiency in current change, categorised as ‘Very High’ or ‘Highly’ vulnerable, for efficiency and agricultural and harvesting methods by utilising and encouraging the purpose of prioritising climate resilience interventions and irrigation farmers to adopt climate-effective indigenous and traditional management.

support; practices.

(f) "Digital General Crop Estimation Survey" means a

(2) Every State Government shall adopt and initiate measures to secure nationwide initiative aimed at precisely assessing crop yields existing water sources for irrigation by implementing the rejuvenation of across a variety of crops, utilising a meticulously crafted survey dried water bodies in the identified Climate Vulnerable Districts through methodology rooted in the principles of crop cutting the Mahatma Gandhi National Rural Employment Guarantee Scheme or experiments;

through such other programmes or initiatives as they may deem

(g) "Mission” means the National Mission for Climate appropriate.

Resilient Agriculture to be formulated by the Central

8. To ensure crop security and enhance the adaptability of agricultural Climate Government under section 5; and responsive pest crops, initiatives shall be undertaken by the State Governments, with management.

(h) “prescribed” means as prescribed by rules made under the support of and coordination with the Central Government, for this Act. effective and climate-responsive pest management, with a view to promoting sustainability and reducing risks arising from changing Recognising 3. (1) The Central Government shall acknowledge climate change as an climatic conditions, including the development and implementation climate urgent, ongoing, and multifaceted threat to agricultural productivity, food change as a of climate-responsive pest surveillance systems and eco-friendly security, and the livelihood of farming communities.

threat to control practices. agriculture.

(2) It shall be the duty of the Central Government to prioritise climate

9. The appropriate Government shall take necessary measures to promote Promotion of resilience in agriculture as an essential component of national agricultural and encourage farmers to adopt improved farm practices, which shall improved farm planning and rural development. practices.

include, but not be limited to,––– Obligation 4. (1) The Central Government shall undertake measures to strengthen

(i) traditional, localised methods and innovative techniques, for Climate Climate Resilient Agriculture with a view to ensuring the continued Resilient aimed at enhancing tolerance to climate change and reducing livelihood and dignity of farmers.

Agriculture. reliance on conventional energy and resource-intensive inputs;

(2) The Central Government, shall endeavour to protect the environment and from the adverse impacts of climate change, in such manner as may be4 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(ii) the promotion of solar-powered pumps, micro-irrigation systems, and zero-tillage equipment.

Nutrient 10. (1) The appropriate Government shall take necessary measures to align management. the ongoing schemes and programmes, with nutrient management practices to improve soil and crop nutrient status and promote sustainable and eco-friendly farming systems.

(2) The appropriate Government shall adopt such measures including, but not be limited to, the five R principle, namely, Right source, Right rate, Right time, Right place, and Right combination and Integrated Nutrient Management by combining chemical fertilisers with organic inputs to ensure optimal use and minimise waste under centrally or state-sponsored schemes, taking into account regional agro-climatic conditions and local ecological factors.

Credit 11. (1) The appropriate Government shall facilitate timely and adequate credit support for support through such agencies, as may be prescribed, to increase the Climate accessibility of small and marginal farmers in Climate Vulnerable Resilient Agriculture. Districts to adopt Climate Resilient Agriculture practices.

(2) The support mechanisms under sub-section (1) may include, but shall not be limited to, multi-channel credit policy involving Self Help Groups and Micro-Finance institutions, and improving the health of the rural financial institutions in the Climate Vulnerable Districts where the Credit- Deposit ratio is low.

(3) The Central and State Governments shall initiate programmes to enhance financial literacy amongst farmer communities in Climate Vulnerable Districts.

Agricultural 12. (1) The appropriate Government may review the existing agricultural insurance for insurance framework, and make necessary modifications, as deemed fit, climate risks. to comprehensively address and provide coverage for a decline in crop production and related risks arising from the impacts of climate change, thereby enhancing the resilience and financial security of farmers.

(2) The Central Government shall make specific provisions for addressing climate-related risk coverage for farmers, thereby compensating for the declining crop productivity.

(3) The appropriate Government shall, based on regional requirements and vulnerability assessments, adopt and implement insurance initiatives aimed at providing effective climate-related risk coverage to farmers, thereby enhancing their adaptability and financial protection against climate-induced crop losses.

Strengthening 13. (1) The appropriate Government shall take necessary measures to improve agricultural current agricultural market mechanisms by supporting forward and markets. backwards linkages in agricultural value chains to facilitate the promotion and adoption of climate-resilient agricultural practices, ensuring better integration of climate risk considerations into market access, pricing, and post-harvest loss prevention.

(2) The measures under sub-section (1) may include, but shall not be limited to, access to markets, infrastructure for storage and food processing adapted with irradiation technology, and direct market linkages for farmers through institutional and digital platforms, taking into account regional disparities, agro-climatic conditions, and local needs.

Access to 14. (1) To improve accessibility and dissemination of information, the climate and appropriate Government shall develop and strengthen hyperlocal agro-advisory weather forecasting and agro-climatic advisory services to support information.

informed decision-making by farmers in Climate VulnerableSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5

(ii) the promotion of solar-powered pumps, micro-irrigation Districts, with the objective of enhancing preparedness and adaptive systems, and zero-tillage equipment. capacity in the face of climate variability.

Nutrient 10. (1) The appropriate Government shall take necessary measures to align (2) Such information referred to in sub-section (1) may, include but management. the ongoing schemes and programmes, with nutrient management shall not be limited to, data derived from advanced scientific practices to improve soil and crop nutrient status and promote sustainable platforms such as the Digital General Crop Estimation Survey, and eco-friendly farming systems. satellite data, and remote sensing technologies in a highly localised manner, and shall be made accessible to farmers through appropriate

(2) The appropriate Government shall adopt such measures including, but digital, institutional, and community-based dissemination channels. not be limited to, the five R principle, namely, Right source, Right rate, Right time, Right place, and Right combination and Integrated Nutrient 15. (1) The Central Government shall, under the Mission, establish an Post-harvest Management by combining chemical fertilisers with organic inputs to Index-Based Cash Transfer mechanism to provide annual financial crop security and ensure optimal use and minimise waste under centrally or state-sponsored assistance as a timely and minimum income security net for farmers compensation.

schemes, taking into account regional agro-climatic conditions and local affected by adverse climatic events in Climate Vulnerable Districts. ecological factors.

(2) For the purposes of sub-section (1), the Central Government shall— Credit 11. (1) The appropriate Government shall facilitate timely and adequate credit support for support through such agencies, as may be prescribed, to increase the (a) develop district-level climate indices based on local Climate weather patterns, crop vulnerability, and historical climatic data accessibility of small and marginal farmers in Climate Vulnerable Resilient to assess the risk of crop loss;

Agriculture. Districts to adopt Climate Resilient Agriculture practices.

(b) establish automated, mobile-enabled cash transfer

(2) The support mechanisms under sub-section (1) may include, but shall systems linked to Aadhaar-enabled bank accounts or digital not be limited to, multi-channel credit policy involving Self Help Groups wallets, to disburse payments when predetermined climatic and Micro-Finance institutions, and improving the health of the rural thresholds are exceeded;

financial institutions in the Climate Vulnerable Districts where the Credit- Deposit ratio is low. (c) use satellite technology, remote sensing, and meteorological data for real-time monitoring of climate impacts

(3) The Central and State Governments shall initiate programmes to on crops and for the verification of eligibility under the Index- enhance financial literacy amongst farmer communities in Climate Based Cash Transfer mechanism;

Vulnerable Districts.

(d) notify eligible farmers through mobile-based alerts and Agricultural 12. (1) The appropriate Government may review the existing agricultural insurance for insurance framework, and make necessary modifications, as deemed fit, ensure transparent and timely disbursal of compensation; and climate risks.

to comprehensively address and provide coverage for a decline in crop (e) establish a robust grievance redressal mechanism to production and related risks arising from the impacts of climate change, address disputes or delays related to the cash transfer process thereby enhancing the resilience and financial security of farmers. under the Index-Based Cash Transfer mechanism.

(2) The Central Government shall make specific provisions for 16. The Central Government may, after due appropriation made by Central addressing climate-related risk coverage for farmers, thereby Parliament by law in this behalf, provide such sums of money to the Government to provide funds.

compensating for the declining crop productivity. State Governments, as may be necessary for carrying out the provisions of this Act.

(3) The appropriate Government shall, based on regional requirements and vulnerability assessments, adopt and implement 17. (1) The appropriate Government may, by notification in the Official Power to make insurance initiatives aimed at providing effective climate-related risk Gazette and subject to the condition of previous publication, make rules rules.

coverage to farmers, thereby enhancing their adaptability and not inconsistent with the provisions of this Act to carry out the purposes financial protection against climate-induced crop losses. of this Act.

Strengthening 13. (1) The appropriate Government shall take necessary measures to improve (2) Every rule made by the Central Government under this Act shall be agricultural current agricultural market mechanisms by supporting forward and laid, as soon as may be after it is made, before each House of Parliament, markets.

backwards linkages in agricultural value chains to facilitate the promotion while it is in session, for a total period of thirty days, which may be and adoption of climate-resilient agricultural practices, ensuring better comprised in one session or in two or more successive sessions, and if, integration of climate risk considerations into market access, pricing, and before the expiry of the session immediately following the session or the post-harvest loss prevention. successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be

(2) The measures under sub-section (1) may include, but shall not be made, the rule shall thereafter have effect only in such modified form or limited to, access to markets, infrastructure for storage and food be of no effect, as the case may be; so, however, that any such processing adapted with irradiation technology, and direct market modification or annulment shall be without prejudice to the validity of linkages for farmers through institutional and digital platforms, taking anything previously done under that rule.

into account regional disparities, agro-climatic conditions, and local needs. (3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the Legislature of that State, Access to 14. (1) To improve accessibility and dissemination of information, the climate and where it consists of one House, or where it consists of two Houses, before appropriate Government shall develop and strengthen hyperlocal agro-advisory both Houses of the State Legislature.

weather forecasting and agro-climatic advisory services to support information. informed decision-making by farmers in Climate Vulnerable6 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Act to have 18. The provisions of this Act shall be in addition to and not in derogation of overriding the provisions of any other law in this regard for the time being in force effect.

or any other instrument having effect by virtue of any such law and in case of any inconsistency, the provisions of this Act shall have overriding effect on the provision of any such law to the extent of such inconsistency.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 Act to have 18. The provisions of this Act shall be in addition to and not in derogation of STATEMENT OF OBJECTS AND REASONS overriding the provisions of any other law in this regard for the time being in force effect.

or any other instrument having effect by virtue of any such law and in case India’s agriculture sector is facing an unprecedented crisis due to the accelerating of any inconsistency, the provisions of this Act shall have overriding impacts of climate change. Between 2019 and 2024, nearly 80 per cent. of Indian farmers effect on the provision of any such law to the extent of such inconsistency. suffered crop losses resulting from adverse climatic events. In 2024 alone, 3.2 million hectares of cropland were affected by extreme weather events. In 2021, 5.04 million hectares were similarly impacted by hydro-meteorological calamities, causing significant agricultural losses.

2. According to the Indian Council of Agricultural Research (ICAR), 310 out of 651 districts in India have been identified as climate vulnerable, with 109 districts classified as ‘very high’ and 201 as ‘highly’ vulnerable. However, only 448 Climate Resilient Villages have been implemented in 151 districts—covering merely three villages per district—despite India having approximately 6.64 lakh villages.

3. Existing programmes like the National Mission for Sustainable Agriculture, under the National Action Plan on Climate Change, do not fully address the long-term and systemic impacts of climate change. Their coverage is limited, interventions scattered, and budgetary allocations inadequate. The Committee of Estimates (2024–25) has expressed concern over the neglect of many climate vulnerable regions due to financial constraints, despite the existential risks posed to agricultural livelihoods in these areas.

4. The current insurance framework, including the Pradhan Mantri Fasal Bima Yojana, does not sufficiently address the gradual decline in crop productivity caused by long-term climatic changes. There is no legal guarantee or statutory obligation to support farmers against persistent environmental stressors. The National Bank for Agricultural and Rural Development (NABARD) has noted the limited efficacy of crop insurance as a standalone remedy. The Bill seeks to mainstream climate justice for small and marginal farmers by formulation of a National Mission for Climate Resilient Agriculture to mitigate the impact of climate change on agricultural productivity and full-fledged involvement and support of both the Central and State Governments to undertake necessary measures for the effective implementation of the objectives of the Mission.

Hence, this Bill.

RENUKA CHOWDHURY.8 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— FINANCIAL MEMORANDUM Clause 4 of the Bill provides that the Central Government shall take necessary measures to strengthen Climate Resilient Agriculture. Clause 6 of the Bill provides that the Central Government shall promote Climate Resilient Agriculture and the appropriate Government shall implement the National Mission for Climate Resilient Agriculture by expansion of Climate Resilient Villages and Coastal Resilient Coastal Fishermen Villages. Clause 7 of the Bill provides for the rejuvenation of dried water bodies in Climate Vulnerable Districts by the appropriate Government to improve water use efficiency, irrigation management and ensure water security. Clause 8 of the Bill provides for climate responsive pest management. Sub-clause (3) of Clause 12 of the Bill provides that the appropriate Government shall adopt and implement insurance initiatives aimed at providing effective climate-related risk coverage to farmers. Clause 14 provides that the appropriate Government shall develop and strengthen hyperlocal weather forecasting and agro-climatic advisory services to support informed decision-making by farmers in Climate Vulnerable Districts. Clause 15 of the Bill provides for the establishment of an Index-Based Cash Transfer mechanism to offer annual financial assistance to farmers in Climate Vulnerable Districts affected by adverse climatic events. Clause 16 provides that the Central Government shall provide adequate funds to the State Government for carrying out the purposes of the Bill.

The Bill, therefore, if enacted, will involve expenditure both of recurring and non- recurring nature. At this stage, while the exact expenditure cannot be determined, it is estimated that the implementation of the Index-Based Cash Transfer mechanism will involve a recurring expenditure of approximately sixty thousand crore rupees per annum, benefitting around 6 crore farmers. Additionally, a non-recurring capital expenditure of approximately 18,707.97 crore rupees is expected in the first year for infrastructure related to Climate Resilient Villages, Coastal Resilient Coastal Fishermen Villages, and water body rejuvenation efforts.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 FINANCIAL MEMORANDUM MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 4 of the Bill provides that the Central Government shall take necessary Clause 17 of the Bill empowers empowers the appropriate Government to make measures to strengthen Climate Resilient Agriculture. Clause 6 of the Bill provides that rules for carrying out the purposes of the Bill.

the Central Government shall promote Climate Resilient Agriculture and the appropriate Government shall implement the National Mission for Climate Resilient Agriculture by As the rules will relate to matters of detail only, the delegation of legislative power expansion of Climate Resilient Villages and Coastal Resilient Coastal Fishermen is of a normal character.

Villages. Clause 7 of the Bill provides for the rejuvenation of dried water bodies in Climate Vulnerable Districts by the appropriate Government to improve water use efficiency, irrigation management and ensure water security. Clause 8 of the Bill provides for climate responsive pest management. Sub-clause (3) of Clause 12 of the Bill provides that the appropriate Government shall adopt and implement insurance initiatives aimed at providing effective climate-related risk coverage to farmers. Clause 14 provides that the appropriate Government shall develop and strengthen hyperlocal weather forecasting and agro-climatic advisory services to support informed decision-making by farmers in Climate Vulnerable Districts. Clause 15 of the Bill provides for the establishment of an Index-Based Cash Transfer mechanism to offer annual financial assistance to farmers in Climate Vulnerable Districts affected by adverse climatic events. Clause 16 provides that the Central Government shall provide adequate funds to the State Government for carrying out the purposes of the Bill.

The Bill, therefore, if enacted, will involve expenditure both of recurring and non- recurring nature. At this stage, while the exact expenditure cannot be determined, it is estimated that the implementation of the Index-Based Cash Transfer mechanism will involve a recurring expenditure of approximately sixty thousand crore rupees per annum, benefitting around 6 crore farmers. Additionally, a non-recurring capital expenditure of approximately 18,707.97 crore rupees is expected in the first year for infrastructure related to Climate Resilient Villages, Coastal Resilient Coastal Fishermen Villages, and water body rejuvenation efforts.10 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— II Bill No. LXXII of 2025 A Bill to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India

as follows:—

1. (1) This Act may be called the Right to Fair Compensation and Short title and Transparency in Land Acquisition, Rehabilitation and Resettlement commencement.

(Amendment) Act, 2025.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 Amendment of 2. In section 10 of the Right to Fair Compensation and Transparency in Land

section 10. Acquisition, Rehabilitation and Resettlement Act, 2013, after sub-section 30 of 2013.

(4), the following sub-sections shall be inserted, namely:— “(5) Notwithstanding anything contained in sub-section (2), no irrigated multi-cropped agricultural land situated in any district or region notified as climate-vulnerable by the Central Government or the appropriate State Government shall be acquired for any purpose under this Act.

Explanation 1. — For the purposes of this sub-section, “climate- vulnerable district or region” means any district or region identified as being prone to drought, flood, salinity ingress, desertification, or other climate-related risks affecting agricultural productivity, as notified from time to time by the appropriate Government, on the basis of a scientific assessment made by the appropriate institution, as notified for the said purpose.

Explanation 2. — The appropriate Government shall review and update such notification at intervals not exceeding five years.

(6)(a) Before acquiring any agricultural land under this Act, the appropriate Government shall cause to be conducted a Food Security Impact Assessment to evaluate the likely effects of such acquisition on local and regional food availability, agricultural productivity, and livelihoods dependent on agriculture from such land.

(b) The Food Security Impact Assessment shall be undertaken by a scientific or agricultural institution, as notified by the appropriate Government and shall include —

(i) an assessment of the projected loss of agricultural output, soil fertility, and irrigation potential;

(ii) an analysis of the impact on food supply chains and local employment in the agricultural sector; and

(iii) recommendations for mitigation measures or alternative sites, wherever feasible.

(c) A summary of the Food Security Impact Assessment and the steps proposed to safeguard food security shall be made public in such form and manner as may be prescribed and also annexed to the Social Impact Assessment study report under section 4.

(d) Within five years of acquisition of such land, the appropriate Government shall conduct a Post-Acquisition Food Security Review to assess the actual impact on food production and security in the affected II area and cause the report containing the findings to be laid before the State Legislature or Parliament, as the case may be.

Explanation. — For the purposes of this sub-section, “Food Bill No. LXXII of 2025 Security Impact Assessment” means a scientific and socio-economic evaluation undertaken to determine the potential and actual impacts of proposed land acquisition on agricultural productivity, food availability, soil and water sustainability and the livelihoods of persons A Bill to amend the Right to Fair Compensation and Transparency in Land dependent on agriculture.” Acquisition, Rehabilitation and Resettlement Act, 2013.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India

as follows:—

1. (1) This Act may be called the Right to Fair Compensation and Short title and Transparency in Land Acquisition, Rehabilitation and Resettlement commencement.

(Amendment) Act, 2025.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.12 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— STATEMENT OF OBJECTS AND REASONS The intent of Section 10 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is to safeguard national food security by limiting the diversion of productive agricultural land.

However, the exception in sub-section (2) allows acquisition of irrigated multi- cropped land in “exceptional circumstances,” which has weakened the protection envisaged by Parliament.

In light of increasing climate vulnerability, manifested through droughts, floods, and soil degradation, this amendment seeks to strengthen the food security and climate resilience framework of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by prohibiting the acquisition of irrigated multi-cropped land in such climate- vulnerable districts, and by introducing a mandatory Food Security Impact Assessment before acquisition and a Post-Acquisition Food Security Review to monitor impacts on agricultural productivity, food availability, and rural livelihoods. These measures shall ensure that land use decisions are scientifically informed, sustainable, and aligned with national food and livelihood security objectives.

The amendment upholds the principles of sustainable development, environmental protection, and livelihood security consistent with articles 21, 48, and 51A(g) of the Constitution of India.

Hence, this Bill.

RENUKA CHOWDHURY.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 STATEMENT OF OBJECTS AND REASONS The intent of Section 10 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is to safeguard national food security by limiting the diversion of productive agricultural land.

However, the exception in sub-section (2) allows acquisition of irrigated multi- cropped land in “exceptional circumstances,” which has weakened the protection envisaged by Parliament.

In light of increasing climate vulnerability, manifested through droughts, floods, and soil degradation, this amendment seeks to strengthen the food security and climate resilience framework of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by prohibiting the acquisition of irrigated multi-cropped land in such climate- vulnerable districts, and by introducing a mandatory Food Security Impact Assessment before acquisition and a Post-Acquisition Food Security Review to monitor impacts on agricultural productivity, food availability, and rural livelihoods. These measures shall ensure that land use decisions are scientifically informed, sustainable, and aligned with national food and livelihood security objectives.

The amendment upholds the principles of sustainable development, environmental protection, and livelihood security consistent with articles 21, 48, and 51A(g) of the Constitution of India.

Hence, this Bill.

RENUKA CHOWDHURY.

III Bill No. I of 2026 A Bill to amend the Bharatiya Nyaya Sanhita, 2023.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic of India

as follows:―

1. (1) This Act may be called the Bharatiya Nyaya Sanhita (Amendment) Act, 2026. Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.14 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Insertion of new 2. After section 24 of the Bharatiya Nyaya Sanhita, 2023, the following section 45 of 2023.

section 24A. shall be inserted, namely:— Enhanced “24A. Whoever commits any offence punishable under sections punishment for 100, 101, 103, 104, 105, 109, 110, 111, 113, 117, 118, 119, 120, 121, 124, specific offences 140 or 143 of this Sanhita while in a state of voluntary intoxication, shall committed under voluntary be punished as follows, namely:

intoxication.

(a) where the offence is punishable with death or imprisonment for life, shall also be liable to a fine which shall not be less than five lakh rupees;

(b) where the offence is punishable with imprisonment for life, such imprisonment shall mean imprisonment for the remainder of the natural life of the offender, and the offender shall also be liable to a fine which shall not be less than three lakh rupees; and

(c) in all other case, with imprisonment for a term which may extend to one and one-half times the maximum term of imprisonment provided for that offence, and shall also be liable to a fine which may extend to twice the maximum amount of fine

provided for that offence.

Explanation. – For the removal of doubts, it is hereby declared that the enhanced punishment provided under this section shall be in addition to, and not in derogation of, any other provision of this Sanhita providing for punishment for the specific offence.”Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 Insertion of new 2. After section 24 of the Bharatiya Nyaya Sanhita, 2023, the following section 45 of 2023. STATEMENT OF OBJECTS AND REASONS

section 24A. shall be inserted, namely:— Alcohol and drug abuse significantly contributes to criminal activities and Enhanced “24A. Whoever commits any offence punishable under sections violence by lowering inhibitions, impairing judgment and increasing aggression.

punishment for 100, 101, 103, 104, 105, 109, 110, 111, 113, 117, 118, 119, 120, 121, 124, Crimes like rash driving, domestic violence and abuse of children and the elderly are specific offences 140 or 143 of this Sanhita while in a state of voluntary intoxication, shall often linked to substance consumption, with around 40 per cent of violent offenders committed under voluntary be punished as follows, namely: being under the influence of alcohol at the time of their crime. According to the intoxication. Ministry of Social Justice and Empowerment's recently released report on the

(a) where the offence is punishable with death or "National Survey on Extent and Pattern of Substance Use in India" (2019), 16 crore imprisonment for life, shall also be liable to a fine which shall not people (14.6 per cent.) in India between the age of 10 and 75 years are current users be less than five lakh rupees;

of alcohol, and out of them, 5.2 per cent are alcohol dependents. About 3.1 crore

(b) where the offence is punishable with imprisonment for individuals (2.8 per cent) are cannabis users, and 72 lakh (0.66 per cent) people suffer life, such imprisonment shall mean imprisonment for the from cannabis problems. It is estimated that about 8.5 lakh people are injecting drugs remainder of the natural life of the offender, and the offender (PWID - people who inject drugs).

shall also be liable to a fine which shall not be less than three lakh Furthermore, the relationship between the defence of intoxication and the rupees; and offences where intoxication is an element of the offences must be carefully

(c) in all other case, with imprisonment for a term which considered. Many times, far from providing a defence, the intoxication of the may extend to one and one-half times the maximum term of accused is an element of the offence. Where intoxication is self-induced or voluntary, imprisonment provided for that offence, and shall also be liable to in general, it is not an excuse for criminal misconduct. But, where it is, self-induced a fine which may extend to twice the maximum amount of fine intoxication as a defence presents certain unique problems for criminal law. At one

provided for that offence. extreme, there is a stance that no person should be convicted of an offence requiring mens rea if the accused didn't have the required intent for the offence. At the other

Explanation. – For the removal of doubts, it is hereby declared that the enhanced extreme, there lies a stance that posits that where a person lacks the requisite state of punishment provided under this section shall be in addition to, and not in mind because of voluntary or self-induced intoxication, that person should gain no derogation of, any other provision of this Sanhita providing for punishment for benefit. Somewhere between these two extremes lies the stance that even while a the specific offence.” person may be acquitted of the principal offence, they should nevertheless be convicted on the basis that the act of becoming intoxicated, in itself, accounts for the crime or fault element of the offence.

With drug menace occurring at the previously mentioned scale in India, cases of heinous crimes committed under the influence of intoxication are sure to rise.

Additionally, research shows a strong correlation between alcoholism and rising criminal behavior among Indians. This highlights the need for effective legal interventions. It is crucial for Indian criminal law to achieve the following twin objectives when it comes to heinous crimes committed under the influence of voluntary intoxication - (a) to deter youth and other citizens from consuming intoxicating substances, especially drugs, and (b) to prevent errors of judgment when it comes to the minutiae of the relationship between the defence of intoxication and the heinous offences where intoxication is an element of the offences. These twin objectives can be sought to be achieved by enhancing the quantum and severity of punishments for heinous offences committed under the influence of intoxication which is voluntary or self-induced.

This Bill seeks to effectuate the same through amendments in the Bharatiya Nyaya Sanhita, 2023.

JEBI MATHER HISHAM.16 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— IV Bill No. IX of 2026 A Bill to provide for the promotion, development, preservation, and protection of the Kolhapuri leather craft and for securing the livelihood of registered artisans engaged in such craft and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic of

India as follows:—

CHAPTER I PRELIMINARY

1. (1) This Act may be called the Kolhapuri Leather Craft (Preservation and Short title and Livelihood Security) Act, 2026. commencement.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 Definitions. 2. In this Act, unless the context otherwise requires,—

(a) “Board” means the Kolhapuri Leather Craft Development Board constituted under section 3;

(b) “Fund” means the Kolhapuri Artisans Welfare Fund constituted under section 16;

(c) “geographical indication” shall have the meaning assigned to it in clause (e) of sub-section (1) of section 2 of the Geographical Indications of Goods (Registration and Protection) Act, 1999; 48 of 1999.

(d) “Kolhapuri leather craft” means the traditional handcrafted leather products historically associated with the Kolhapur region, including Kolhapuri chappals and allied products;

(e) “prescribed” means prescribed by rules made under this Act;

(f) “registered artisan” means,—

(a) an individual artisan;

(b) an artisan household; or

(c) an artisan cooperative, producer organisation or other collective body of artisans, engaged in the production, processing, finishing, design or embellishment of Kolhapuri leather craft and registered under section 11.

(g) "regulations" means the regulations made by the Board under this Act.

CHAPTER II THE KOLHAPURI LEATHER CRAFT DEVELOPMENT BOARD Establishment 3. (1) The Central Government shall, within six months from the and commencement of this Act, by notification in the Official Gazette, IV incorporation establish a Board to be called the Kolhapuri Leather Craft of the Board.

Development Board, to perform such functions as may be laid down under this Act.

Bill No. IX of 2026

(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

A Bill to provide for the promotion, development, preservation, and protection of the Kolhapuri leather craft and for securing the livelihood (3) The headquarters of the Board shall be at Kolhapur in the State of of registered artisans engaged in such craft and Maharashtra.

for matters connected therewith or incidental thereto. Composition 4. The Board shall consist of the following, to be appointed by the Central of the Board. Government in such manner as may be prescribed, namely,— BE it enacted by Parliament in the Seventy-seventh Year of the Republic of

India as follows:— (a) a Chairperson, who shall be an eminent academician, scientist, or industrialist from leather sector;

CHAPTER I

(b) two Members representing artisan cooperatives;

PRELIMINARY

(c) two Members having expertise in leather craft and design;

1. (1) This Act may be called the Kolhapuri Leather Craft (Preservation and Short title and Livelihood Security) Act, 2026. commencement. (d) a woman Member representing women artisan cooperatives;

(e) a Member representing the Government of Maharashtra to

(2) It shall come into force on such date as the Central Government may, by ensure coordination between the Centre and the State;

notification in the Official Gazette, appoint.18 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(f) an officer from the Union Ministry of Micro, Small and Medium Enterprises, of such rank as may be prescribed;

(g) an officer from the Union Ministry of Textiles, of such rank as may be prescribed; and

(h) a Member-Secretary having such qualification and experience as may be prescribed.

5. (1) The Chairperson and every Member of the Board shall hold office for a Term of office, term not exceeding three years from the date on which they enter their conditions of service, office and shall be eligible for reappointment for a further term not resignation and

exceeding three years: removal of the Chairperson and

Provided that no person shall hold office as Chairperson or Members.

Member for more than two consecutive terms.

(2) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed.

(3) The Chairperson, or any Member, may, by notice in writing under his hand addressed to the Central Government, resign his office, and such resignation shall take effect from the date of its acceptance.

(4) The manner of removal of the Chairperson and the Members shall be such as may be prescribed.

6. (1) The Central Government shall provide the Board with such number Officers and employees of of suitable officers and employees, as may be necessary for the efficient the Board. performance of its functions under this Act.

(2) The method of recruitment, salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees, so appointed for the purposes of the Board shall be such as may be prescribed.

7. No act or proceeding of the Board shall be questioned or shall be Vacancies etc., invalidated on the ground merely by reason of any vacancy in, or any defect not to invalidate proceedings of in the constitution of, the Board.

the Board.

8. The Board may, for efficient discharge of its functions, constitute Committees of Committees in the districts, which shall be chaired by the District the Board.

Magistrate.

9. (1) The Board shall regulate its own procedure for the transaction of its Procedure to be business, subject to the provisions of this Act and the rules made thereunder. regulated by the Board.

(2) The Board shall meet as and when necessary and at such times and places as the Chairperson may deem fit for the efficient discharge of the functions assigned to it under this Act.

(3) All orders and decisions of the Board shall be authenticated by the Member-Secretary.

CHAPTER III FUNCTIONS OF THE BOARD

10. Subject to the provisions of this Act and the rules made thereunder, the Functions of the functions of the Board shall be to— Board.

(a) identify, register and maintain a database of registered artisans, engaged in the Kolhapuri leather craft;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19

(f) an officer from the Union Ministry of Micro, Small and (b) promote, preserve and safeguard the authenticity and Medium Enterprises, of such rank as may be prescribed; traditional character of Kolhapuri leather products produced by registered artisans, including by ensuring compliance with the norms

(g) an officer from the Union Ministry of Textiles, of such rank as may be prescribed; and of geographical indication registration and certification;

(c) facilitate training and skill development programmes,

(h) a Member-Secretary having such qualification and experience as may be prescribed. including modern design, quality improvement, value addition and capacity building for registered artisans;

5. (1) The Chairperson and every Member of the Board shall hold office for a Term of office, term not exceeding three years from the date on which they enter their conditions of (d) establish or assist in the establishment of common facility service, office and shall be eligible for reappointment for a further term not centres, artisan clusters, and infrastructure hubs for production, resignation and

exceeding three years: removal of the testing, branding, storage and marketing for the benefit of Chairperson and registered artisans;

Provided that no person shall hold office as Chairperson or Members.

Member for more than two consecutive terms. (e) implement welfare measures including insurance, pension, health coverage, credit facilitation and educational

(2) The salaries and allowances payable to, and the other terms and support for registered artisans and their dependents; conditions of service of, the Chairperson and Members shall be such as may be prescribed. (f) facilitate access for registered artisans to institutional finance, government procurement platforms, domestic and international

(3) The Chairperson, or any Member, may, by notice in writing under his markets, exhibitions and trade fairs; hand addressed to the Central Government, resign his office, and such resignation shall take effect from the date of its acceptance. (g) ensure the prevention of unauthorised usage of the

(4) The manner of removal of the Chairperson and the Members shall be "Kolhapuri" name or GI tag and to coordinate with the authorities such as may be prescribed. under the Geographical Indications of Goods (Registration and Protection) Act, 1999 for enforcement thereof; 48 of 1999.

6. (1) The Central Government shall provide the Board with such number Officers and of suitable officers and employees, as may be necessary for the efficient employees of (h) collaborate with institutions, industry bodies, government the Board.

performance of its functions under this Act. agencies, and non-governmental organisations for the integrated development of the sector;

(2) The method of recruitment, salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees, (i) undertake or sponsor research, surveys, documentation so appointed for the purposes of the Board shall be such as may be and publicity relating to the heritage, techniques and market prescribed. potential of Kolhapuri leather craft and the livelihood security of registered artisans;

7. No act or proceeding of the Board shall be questioned or shall be Vacancies etc., invalidated on the ground merely by reason of any vacancy in, or any defect not to invalidate (j) advise the Central Government on policy matters relating to proceedings of in the constitution of, the Board. the Board. the development and promotion of Kolhapuri leather craft and livelihood security of registered artisans; and

8. The Board may, for efficient discharge of its functions, constitute Committees of Committees in the districts, which shall be chaired by the District the Board. (k) perform such other functions as may be assigned to it by the Magistrate. Central Government or as may be prescribed by or under this Act.

9. (1) The Board shall regulate its own procedure for the transaction of its Procedure to be business, subject to the provisions of this Act and the rules made thereunder. regulated by the CHAPTER IV Board.

(2) The Board shall meet as and when necessary and at such times and REGISTRATION places as the Chairperson may deem fit for the efficient discharge of the functions assigned to it under this Act. Digital 11. (1) The Board shall establish a digital platform for online registration, registration certification, and renewal of registration.

(3) All orders and decisions of the Board shall be authenticated by the and Member-Secretary. certification. (2) No person or entity shall engage in the production, processing, finishing, design or embellishment of Kolhapuri leather craft without

CHAPTER III obtaining a certificate of registration from the Board by making an FUNCTIONS OF THE BOARD application in such form, manner and on payment of such fee as may be prescribed.

10. Subject to the provisions of this Act and the rules made thereunder, the Functions of the functions of the Board shall be to— Board. (3) On receipt of an application under sub-section (2), the Board shall, after making such inquiry as may be prescribed, issue a certificate of registration,

(a) identify, register and maintain a database of registered in such form as may be prescribed, to the applicant, who shall thereupon be artisans, engaged in the Kolhapuri leather craft; deemed to be a registered artisan for the purposes of this Act.20 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

12. (1) Every person or entity engaged in the production, processing, finishing, Registration of design or embellishment of Kolhapuri leather craft immediately before the existing artisans. commencement of this Act shall, within one year of its commencement, apply for registration in the same manner as may be prescribed under

section 11:

Provided that pending disposal of the application by the Board, the person or entity shall be deemed to be registered for the purposes of this Act.

(2) Where any person or entity referred to in sub-section (1)fails to apply for registration within the period specified under that sub-section, the Board may, after giving a reasonable opportunity of being heard, declare such person or entity to be ineligible to engage in the production, processing or marketing of Kolhapuri leather craft under this Act.

13. The certificate of registration issued under sections 11 and 12 shall be valid Validity of for a period of five years and may be renewed in such manner and subject to certificate of registration. such conditions as may be prescribed.

14. (1) The Board shall appoint a Registrar to supervise the process of Appointment of Registrar. registration, who may, for reasons to be recorded in writing, refuse to

grant registration:

Provided that any such refusal shall be subject to confirmation by the Board.

(2) The method of recruitment, salaries and allowances payable to, and other terms and conditions of service of, the Registrar, so appointed shall be such as may be prescribed.

15. (1) Whoever contravenes the provisions of sections11 and 12 shall be Prohibition and punishable with— Penalty.

(a) a fine which may extend to fifty thousands rupees for the first offence; and

(b) in the case of a second or subsequent offence, with imprisonment for a term which may extend to six months or with fine which may extend to one lakh rupees or with both.

(2) No court shall take cognizance of any offence punishable under this

section except on a complaint made by an officer authorised by the Board in this behalf.

CHAPTER V THE KOLHAPURI ARTISANS WELFARE FUND

16. (1) With effect from such date as the Central Government may, by Establishment of the Fund.

notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a fund to be called the Kolhapuri Artisans Welfare Fund.

(2) The Central Government may, if it considers it necessary, constitute a separate fund to promote innovation, sustainable production, research, and eco-friendly tanning technologies in the Kolhapuri leather sector.

(3) The Fund shall be administered by the Board in consultation with the Union Ministry of Micro, Small & Medium Enterprises and the Union Ministry of Textiles.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21

12. (1) Every person or entity engaged in the production, processing, finishing, Registration of (4) There shall be credited to the Fund— design or embellishment of Kolhapuri leather craft immediately before the existing artisans.

(a) grants made by the Central Government; and commencement of this Act shall, within one year of its commencement, apply for registration in the same manner as may be prescribed under (b) such other sums as may be prescribed.

section 11:

(5) The Fund shall be utilised for the implementation of programmes and schemes aimed at skill development, capacity building, livelihood security

Provided that pending disposal of the application by the Board, and welfare of the registered artisans. the person or entity shall be deemed to be registered for the purposes of this Act. Environmental 17. The Board shall promote environmentally responsible practices, including sustainability. eco-friendly tanning, water conservation, and waste management in the

(2) Where any person or entity referred to in sub-section (1)fails to apply for production process, and may prescribe regulations in consultation with the registration within the period specified under that sub-section, the Board Ministry of Environment, Forest and Climate Change.

may, after giving a reasonable opportunity of being heard, declare such person or entity to be ineligible to engage in the production, processing or marketing of Kolhapuri leather craft under this Act.

CHAPTER VI MISCELLANEOUS

13. The certificate of registration issued under sections 11 and 12 shall be valid Validity of for a period of five years and may be renewed in such manner and subject to certificate of Central 18. The Central Government may, after due appropriation made by registration.

such conditions as may be prescribed. Government Parliament by law in this behalf, provide adequate funds to the Board, to provide as may be necessary for the performance of its functions under this Act.

14. (1) The Board shall appoint a Registrar to supervise the process of Appointment of funds. registration, who may, for reasons to be recorded in writing, refuse to Registrar. Accounts, 19. (1) The Board shall maintain proper accounts and other relevant records

grant registration: Audit and and prepare an annual statement of accounts in such form as may be Annual prescribed by the Central Government in consultation with the Comptroller

Provided that any such refusal shall be subject to confirmation Report. and Auditor-General of India. by the Board.

(2) The accounts of the Board shall be audited by the Comptroller and

(2) The method of recruitment, salaries and allowances payable to, and Auditor-General at such intervals as may be specified by him and any other terms and conditions of service of, the Registrar, so appointed expenditure incurred in connection with such audit shall be payable by the shall be such as may be prescribed. Board to the Comptroller and Auditor-General.

15. (1) Whoever contravenes the provisions of sections11 and 12 shall be Prohibition and (3) The Board shall prepare, in such form and at such time, for each punishable with— Penalty. financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy

(a) a fine which may extend to fifty thousands rupees for the first offence; and thereof to the Central Government.

(4) The Central Government shall cause the annual report together with a

(b) in the case of a second or subsequent offence, with memorandum of action taken on the recommendations contained therein, in imprisonment for a term which may extend to six months or with fine so far as they relate to the Central Government, and the reasons for the non- which may extend to one lakh rupees or with both.

acceptance, if any, of any of such recommendations and the audit report to

(2) No court shall take cognizance of any offence punishable under this be laid as soon as may be after the reports are received, before each House

section except on a complaint made by an officer authorised by the Board in of Parliament. this behalf.

Power to 20. The Central Government may, by notification in the Official Gazette, make make rules. rules for carrying out the purposes of this Act.

CHAPTER V Power to 21. The Board may, with the previous approval of the Central Government, THE KOLHAPURI ARTISANS WELFARE FUND make make regulations consistent with this Act and the rules made thereunder.

regulations.

16. (1) With effect from such date as the Central Government may, by Establishment of Laying of 22. Every rule made by the Central Government and every regulation made by

notification in the Official Gazette, appoint in this behalf, there shall be the Fund. Rules and the Board under this Act shall be laid, as soon as may be after it is made, Regulations. established for the purposes of this Act, a fund to be called the before each House of Parliament while it is in session for a total period of Kolhapuri Artisans Welfare Fund. 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

(2) The Central Government may, if it considers it necessary, constitute following the session or the successive sessions aforesaid, both Houses a separate fund to promote innovation, sustainable production, agree in making any modification in the rule or regulation or both Houses research, and eco-friendly tanning technologies in the Kolhapuri agree that the rule or regulation should not be made, the rule or regulation leather sector.

shall thereafter have effect only in such modified form or be of no effect, as

(3) The Fund shall be administered by the Board in consultation with the the case may be; so however, that any such modification or annulment shall Union Ministry of Micro, Small & Medium Enterprises and the Union be without prejudice to the validity of anything previously done under that Ministry of Textiles. rule or regulation.22 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

23. If any difficulty arises in giving effect to the provisions of this Act, the Power to Central Government may, by order published in the Official Gazette, make remove difficulties. such provisions not inconsistent with the provisions of this Act, as may be necessary for removing the difficulty.

24. The provisions of this Act shall be in addition to and not in derogation of Act not in the provisions of any other law for the time being in force and, in case of derogation of any other law. any inconsistency, the provisions of this Act shall have overriding effect on the provisions of any such law to the extent of the inconsistency.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 23

23. If any difficulty arises in giving effect to the provisions of this Act, the Power to STATEMENT OF OBJECTS AND REASONS Central Government may, by order published in the Official Gazette, make remove difficulties.

such provisions not inconsistent with the provisions of this Act, as may be The Kolhapuri leather craft, particularly the Kolhapuri chappal, represents a necessary for removing the difficulty. heritage art form of immense cultural and economic significance to the Kolhapur region and the country at large. Known for its distinct craftsmanship, traditional

24. The provisions of this Act shall be in addition to and not in derogation of Act not in tanning techniques, and indigenous design, the Kolhapuri chappal has over the the provisions of any other law for the time being in force and, in case of derogation of any other law. decades acquired national and international recognition and has been granted any inconsistency, the provisions of this Act shall have overriding effect on protection as a Geographical Indication under the provisions of the Geographical the provisions of any such law to the extent of the inconsistency.

Indications of Goods (Registration and Protection) Act, 1999.

However, notwithstanding such recognition, the craft sector remains largely unorganised and the artisans engaged in the manufacture of Kolhapuri leather products continue to face systemic challenges relating to market access, formal registration, skill upgrading, welfare support, and enforcement of their intellectual property rights. The recent instance of a leading international fashion house marketing footwear under the label of “Kolhapuri” without substantial involvement of or benefit to traditional artisans has highlighted the urgent need for a dedicated legal and institutional framework to preserve the authenticity of the craft and secure the livelihood of its practitioners.

At present, there exists no standalone legislation for the promotion, development, and regulation of the Kolhapuri leather craft sector. While certain schemes exist under the Ministries of Micro, Small & Medium Enterprises and Textiles, the absence of a statutory Board or Authority to oversee coordinated development has resulted in fragmentation, economic insecurity, and the risk of cultural dilution of the craft. The proposed legislation seeks to address these issues by establishing the Kolhapuri Leather Craft Development Board as a statutory body tasked with the registration of artisans, enforcement of GI usage, establishment of common infrastructure, implementation of welfare schemes, and facilitation of national and international market access.

The Bill seeks to provide a comprehensive institutional mechanism for preservation of this intangible cultural heritage, ensure the authenticity of the GI label, and promote sustainable livelihood for the traditional artisan communities of Kolhapur and adjoining regions. It also seeks to prevent commercial misappropriation of the Kolhapuri name and restore rightful recognition and economic returns to the registered artisan cooperatives and individuals.

Hence, this Bill.

DHANANJAY BHIMRAO MAHADIK.24 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for establishment and incorporation of the Kolhapuri Leather Craft Development Board. Clause 5 provides for the appointment and terms and conditions of service of Chairperson and Members of the Board. Clause 6 provides for appointment, salaries and allowances of officers and staff of the Board. Clause 10 provides for various functions to be performed by the Board including maintenance of database, facilitating training and skill development programmes, etc. Clause 11 provides for establishment a digital platform for online registration, certification, and renewal of registration of artisans and artisan cooperatives as well as appointment of a Registrar under clause 14.

Clause 16 provides for establishment of the Kolhapuri Artisans Welfare Fund for funding the programs and schemes intended to hone the skills of the artisans registered under the Board. Clause 18 makes provision for grant of funds to the Board by the Central Government.

It is estimated that recurring expenditure on salaries, infrastructure and schemes would be approximately rupees ten crore per annum. Non-recurring expenditure towards establishment of physical infrastructure and one-time institutional grants may involve an expenditure of up to rupees thirty crores in the first three years.

The Bill, therefore, if enacted, would involve both recurring and non- recurring expenditure from the Consolidated Fund of India.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 25 FINANCIAL MEMORANDUM MEMORANDUM OF DELEGATED LEGISLATION Clause 3 of the Bill provides for establishment and incorporation of the Clauses 20 and 21 provides for Central Government to frame rules and the Kolhapuri Leather Craft Development Board. Clause 5 provides for the Board to frame regulations, respectively, for implementing the provisions of this appointment and terms and conditions of service of Chairperson and Members of Bill. Clause 23 provides that the Central Government may make such provisions, the Board. Clause 6 provides for appointment, salaries and allowances of officers by order, as may be necessary for removing any difficulty in giving effect to the and staff of the Board. Clause 10 provides for various functions to be performed by provisions of this Bill.

the Board including maintenance of database, facilitating training and skill As the rules, regulations and orders will relate to matters of procedural and development programmes, etc. Clause 11 provides for establishment a digital administrative details only, the delegation of legislative power is of a normal platform for online registration, certification, and renewal of registration of artisans character.

and artisan cooperatives as well as appointment of a Registrar under clause 14.

Clause 16 provides for establishment of the Kolhapuri Artisans Welfare Fund for funding the programs and schemes intended to hone the skills of the artisans registered under the Board. Clause 18 makes provision for grant of funds to the Board by the Central Government.

It is estimated that recurring expenditure on salaries, infrastructure and schemes would be approximately rupees ten crore per annum. Non-recurring expenditure towards establishment of physical infrastructure and one-time institutional grants may involve an expenditure of up to rupees thirty crores in the first three years.

The Bill, therefore, if enacted, would involve both recurring and non- recurring expenditure from the Consolidated Fund of India.26 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— V Bill No. XXXII of 2026 A Bill to provide for accountability, transparency and due diligence obligations of Digital Networking Platforms; to protect users’ rights; to prevent misuse of digital networking services for unlawful, harmful or deceptive purposes; and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic

of India as follows:—

1. (1) This Act may be called the Digital Networking Platforms Short title and (Accountability and User Protection) Act, 2026. commencement.

(2) It shall come into force on such date as the Central Government may, by notification in Official Gazette, appoint.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 27 Definitions. 2. In this Act, unless the context otherwise requires,—

(a) “content” means any information, data, message, text, image, audio, video, live stream, synthetic media, or any combination thereof, made available on a Digital Networking Platform;

(b) “Digital Networking Platform” means any online platform, website, application or digital service that—

(i) enables users to create, upload, share, disseminate, discover or interact with content; and

(ii) facilitates networking, communication, engagement or amplification among users or groups of users, whether through text, audio, video, images, live transmission, algorithmic recommendation or any other digital means, and includes social networking services, content- sharing platforms, discussion forums, micro blogging services, video-sharing services and similar intermediaries, but does not include private one-to-one communication services used exclusively for personal communication, or internal enterprise communication tools used solely within an organisation;

(c) “due diligence” means reasonable and proportionate measures taken by a platform operator to comply with the obligations under this Act;

(d) “harmful content” means any content of a Digital Networking Platform which, while not unlawful under any law for the time being in force, is created, published or disseminated in a manner that is reasonably likely to cause significant and demonstrable harm to public order, electoral integrity, the safety of children, or the dignity and reputation of an individual, and includes—

(i) misinformation, being information that is false or materially misleading and presented as a statement of fact, where its dissemination is reasonably likely to cause such harm;

(ii) deepfakes, being digitally manipulated or V fabricated digital content, including but not limited to images, videos or audio recordings, generated with the intent to convincingly and deceptively depict subjects or issues or represent individuals engaging in actions, Bill No. XXXII of 2026 making statements, or being in circumstances that did not occur or exist in reality, and which is reasonably likely to deceive the public;

A Bill to provide for accountability, transparency and due diligence (iii) impersonation, being the unauthorised use of obligations of Digital Networking Platforms; to protect users’ rights; to the name, likeness, identity or identifying attributes of prevent misuse of digital networking services for unlawful, harmful another person with intent to deceive users as to the or deceptive purposes; and for matters connected source or authenticity of content; and therewith or incidental thereto.

(iv) coordinated inauthentic behaviour, being BE it enacted by Parliament in the Seventy-seventh Year of the Republic organised use of multiple accounts, automated systems

of India as follows:— or fictitious identities acting in concert to mislead users regarding the origin, amplification or authenticity of

1. (1) This Act may be called the Digital Networking Platforms Short title and (Accountability and User Protection) Act, 2026. commencement. content;

(e) “intermediary” shall have the meaning as assigned to it in

(2) It shall come into force on such date as the Central Government may, clause (w) of sub-section (1) of section 2 of the Information by notification in Official Gazette, appoint.

Technology Act, 2000; 21 of 2000.28 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(f) “platform operator” means any person, company or other legal entity that owns, controls or operates a Digital Networking Platform;

(g) “prescribed” means prescribed by rules made under this Act;

(h) “significant Digital Networking Platform” means a Digital Networking Platform having such number of users or such systemic impact on public discourse as may be prescribed;

(i) “unlawful content” means any content of a Digital Networking Platform, the publication, transmission or dissemination of which is prohibited under any law for the time being in force in India; and

(j) “user” means any person who accesses, uses, creates, uploads or interacts with content on a Digital Networking Platform.

3. (1)Without prejudice to obligations under any other law for the time being Obligations of in force, every platform operator shall— platform operators and

(a) ensure procedural fairness and transparency in the significant Digital moderation of content, including measures designed to prevent, Networking detect and remove harmful and unlawful content, particularly where Platforms.

such moderation impacts public interest discourse;

(b) maintain internal records of systemic risks arising from the design algorithmic amplification or other operational features of the Digital Networking Platform; and

(c) take such other measures as may be prescribed.

(2) Every significant Digital Networking Platform shall, in addition to the obligations specified in sub-section (1), —

(a) conduct annual public-interest impact assessments in relation to matters including elections, public health and social harmony in such manner as may be prescribed; and

(b) publish, in such manner as may be prescribed, a summary of the findings of such assessments and the mitigation measures adopted in response thereto.

4. (1)Every significant Digital Networking Platform shall publish, in clear Disclosure. and plain-language, explanations describing the manner in which its automated systems may influence the visibility, prioritization or dissemination of content relating to matters of public interest, in such form and manner as may be prescribed.

(2)The requirement of disclosure under sub-section (1) shall—

(a) be limited to the systemic effects of the automated systems;

(b) not duplicate transparency requirements under any other law for the time being in force; and

(c) not include proprietary information.

5. Whoever fails to comply with the provisions of this Act or the rules made Compensation there under shall be liable to pay as compensation to the person affected for non- by such non-compliance, the amount specified under 45 of the compliance.

21 of 2000. Information Technology Act, 2000.

6. (1) The Central Government may, by notification published in the Official Power to make Gazette, make rules for carrying out the purposes of this act. rules.

(2) Every rule made under this Act shall be laid, as soon as may be after itSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 29

(f) “platform operator” means any person, company or other is made, before each House of Parliament, while it is in session, for a total legal entity that owns, controls or operates a Digital Networking period of thirty days which may comprise of one session or two or more Platform; successive sessions. If before the expiry of the session, immediately following the session or the successive sessions aforesaid, both the

(g) “prescribed” means prescribed by rules made under this Houses are in agreement of any applicable modification in the rule(s) or Act; both the Houses agree that the rule should not be made, the rule shall

(h) “significant Digital Networking Platform” means a Digital thereafter have effect only in such modified form or be of no effect, as the Networking Platform having such number of users or such systemic case may so be. However, that any such modification or annulment shall impact on public discourse as may be prescribed; be, without prejudice, to the validity of anything previously done under that rule.

(i) “unlawful content” means any content of a Digital Networking Platform, the publication, transmission or dissemination Act to be in 7. The provisions of this Act shall be in addition to, and not in derogation of, of which is prohibited under any law for the time being in force in addition to any other law for the time being in force.

existing laws.

India; and Power to 8. (1) If any difficulty arises in giving effect to the provisions of this Act, the

(j) “user” means any person who accesses, uses, creates, remove Central Government may, by order published in the Official Gazette, difficulties. uploads or interacts with content on a Digital Networking Platform. make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.

3. (1)Without prejudice to obligations under any other law for the time being Obligations of in force, every platform operator shall— platform (2) Every order made under this section shall, as soon as may be after it is operators and

(a) ensure procedural fairness and transparency in the significant made, be laid before each House of Parliament.

Digital moderation of content, including measures designed to prevent, Savings. 9. (1) The provisions of this Act shall apply only to matters not expressly Networking detect and remove harmful and unlawful content, particularly where Platforms. provided for under the Information Technology Act, 2000 and the rules 21 of 2000.

such moderation impacts public interest discourse; made thereunder.

(b) maintain internal records of systemic risks arising from the (2) Nothing in this Act shall be construed to override, replace or duplicate design algorithmic amplification or other operational features of the the obligations, due diligence requirements, or enforcement mechanisms Digital Networking Platform; and as are already applicable to intermediaries under any law for the time being in force.

(c) take such other measures as may be prescribed.

(2) Every significant Digital Networking Platform shall, in addition to the obligations specified in sub-section (1), —

(a) conduct annual public-interest impact assessments in relation to matters including elections, public health and social harmony in such manner as may be prescribed; and

(b) publish, in such manner as may be prescribed, a summary of the findings of such assessments and the mitigation measures adopted in response thereto.

4. (1)Every significant Digital Networking Platform shall publish, in clear Disclosure. and plain-language, explanations describing the manner in which its automated systems may influence the visibility, prioritization or dissemination of content relating to matters of public interest, in such form and manner as may be prescribed.

(2)The requirement of disclosure under sub-section (1) shall—

(a) be limited to the systemic effects of the automated systems;

(b) not duplicate transparency requirements under any other law for the time being in force; and

(c) not include proprietary information.

5. Whoever fails to comply with the provisions of this Act or the rules made Compensation there under shall be liable to pay as compensation to the person affected for non- by such non-compliance, the amount specified under 45 of the compliance.

21 of 2000. Information Technology Act, 2000.

6. (1) The Central Government may, by notification published in the Official Power to make Gazette, make rules for carrying out the purposes of this act. rules.

(2) Every rule made under this Act shall be laid, as soon as may be after it30 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— STATEMENT OF OBJECTS AND REASONS The Information Technology Act, 2000 and the rules made thereunder regulate intermediary liability and due diligence. However, certain systemic issues—such as algorithmic amplification of public-interest content, electoral integrity, and democratic discourse—remain insufficiently addressed through existing frameworks.

This Bill therefore seeks to supplement, and not duplicate, existing digital laws by introducing narrowly tailored accountability mechanisms focused on transparency, procedural fairness and parliamentary oversight, while fully preserving constitutional freedoms and innovation in the digital ecosystem.

Hence, this Bill.

V. SIVADASAN.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 31 STATEMENT OF OBJECTS AND REASONS MEMORANDUM REGARDING DELEGATED LEGISLATION The Information Technology Act, 2000 and the rules made thereunder Clause 6 of the Bill empowers the Central Government to make rules for regulate intermediary liability and due diligence. However, certain systemic carrying out the purposes of the Bill. Clause 8 of the Bill provides that the Central issues—such as algorithmic amplification of public-interest content, electoral Government may make such provisions, by order, as may be necessary for integrity, and democratic discourse—remain insufficiently addressed through removing any difficulty in giving effect to the provisions of this Bill.

existing frameworks.

As the rules and orders will relate to matters of details only, the delegation This Bill therefore seeks to supplement, and not duplicate, existing digital of legislative power is of a normal character.

laws by introducing narrowly tailored accountability mechanisms focused on transparency, procedural fairness and parliamentary oversight, while fully preserving constitutional freedoms and innovation in the digital ecosystem.

Hence, this Bill.

V. SIVADASAN.32 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— VI Bill No. XVI of 2026 A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic

of India as follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2026. Short title and commencement.

(2) It shall come into force immediately.

2. After article 21A of the Constitution, the following new article shall be Insertion of new article inserted, namely:— 21B. “21B. The State shall provide free access to knowledge and Right to free information through public libraries and public library services to access to knowledge and all persons in such manner as the State may, by law, determine.” information through public libraries.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 33 STATEMENT OF OBJECTS AND REASONS The insatiable quest of Dr. Ambedkar for books during his New York days led him away from Manhattan down to 42nd street on Fifth Avenue in the city.

During his stay in New York in the early 1900s, the imposing beaux-arts styled New York Public Library had recently opened its doors, and opened them to all – importantly, including to black people and to women. Historical record shows that Dr. Ambedkar was extremely impressed with the public library. Later, upon learning of the death of Sir Pherozeshah Mehta in Bombay, and the Bombay municipality’s plan to prominently erect his statue, Dr. Ambedkar wrote for the Bombay Chronicle, the English-language weekly that Mehta had himself launched in 1910, that the city should build a Public Library and not a statue.

Ambedkar is said to have argued in his letter that erecting a public library in Bombay instead of a ‘trivial and unbecoming’ statue would be more appropriate

than wasting resources on statues: “...It is unfortunate that we have not as yet realized the value of the library as an institution in the growth and advancement of a society. But this is not the place to dilate upon its virtues. That an enlightened public as that of Bombay should have suffered so long to be without an up-to-date public library is nothing short of disgrace and the earlier we make amends for it the better. There are some private libraries in Bombay operating independently by themselves. If these ill-managed concerns be mobilized into one building, built out of the Sir P.M. Mehta memorial fund and called after him, the city of Bombay shall have achieved both these purposes…” Bombay Chronicle, Tuesday, 28th March, 1916.

History has shown us what happens when access to knowledge is controlled by a few. Such societies become pyramids of oppression—where those at the top read and rule, and those at the bottom are left to obey in darkness. Importantly, we learn that in such circumstances, even the tiny minority of elites eventually struggle to thrive. This Bill seeks to demolish that pyramid and replace it with a

sphere of associated living: where all citizens may meet, think, learn, and grow as equals.

No person can be a full participant in political democracy unless they are VI also a participant in social and educational democracy. The ability to read, to think, and to inquire—these are not mere ornaments of the privileged; they are the instruments by which liberty, equality, and fraternity are made real for all. In the Constitution of India, the framers affirmed the Freedom of Speech and Bill No. XVI of 2026 Expression under Article 19(1)(a). They affirmed the Right to Life and Dignity under Article 21. We have the Right to Education under Article 21A. But the exercise of these rights requires certain preconditions, and predominant among them is the availability of institutions where the people—all the people—may access knowledge, culture, and community. That institution is the public library.

A Bill further to amend the Constitution of India. It is a proven fact that public libraries serve not only as supportive third space for promoting economic growth, scientific innovation, and social mobility, they are essential elements of great civilizations. A nation cannot truly BE it enacted by Parliament in the Seventy-seventh Year of the Republic democratize opportunity without democratizing access to knowledge.

of India as follows:— Around the world, public libraries are recognized as essential to democratic

1. (1) This Act may be called the Constitution (Amendment) Act, 2026. Short title and life. In many democracies worldwide, public libraries are legally guaranteed, commencement.

(2) It shall come into force immediately. digitally networked, and spatially integrated with other public services. Yet, in India, access to libraries—those most vital of civic institutions for building and

2. After article 21A of the Constitution, the following new article shall be Insertion of sustaining robust democratic societies—remains severely inadequate, unequal, new article inserted, namely:— 21B. and unguaranteed, let alone developing a country wide interconnected system of public libraries.

“21B. The State shall provide free access to knowledge and Right to free

information through public libraries and public library services to access to Current data reveals: knowledge and all persons in such manner as the State may, by law, determine.” ● India spends a mere 7 paise per person per year on libraries.

information through public ● Many districts lack even one functional library. libraries.34 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ● Despite our famous Digital Public Infrastructures, we have no official statistics on our public library ecosystem.

● Only 4 State Governments have managed to put in place the bare minimum financial arrangement to sustain libraries under their purview.

Today India has among the highest numbers of first-generation learners in the world. It also has vast disparities in access to quality reading material beyond school curricula, particularly in local languages. Although the digital age has opened up new frontiers, it has also exacerbated inequalities: for every smartphone user, there are many who lack digital literacy, stable connectivity, or the resources to participate in the knowledge economy. For those who can afford smartphones and internet, without supportive reading communities of trained librarians and peers, they are as unlikely to take advantage of learning opportunities as those without.

In any country calling itself a democracy, the means of mental uplift must be placed at the disposal of all. Education does not end with the school-leaving certificate, diploma, or a college degree. Nor is learning the sole business of the elite. In the villages of India, in the bastis and chawls of the cities, there are Indians with minds as sharp and souls as hungry for knowledge as any who sit in Parliament or the few of our fellow citizens who have inherited financial and social capital to afford personal libraries. Continued under-investment in public libraries is not only depriving the underprivileged, it will also permanently relegate India to being a backward region.

As the planet hurtles through the polycrises of climate change, transformations in the global order of power among nations, and financial and trade relations, and the promises and perils of Artificial Intelligence, India as a country is poised to reclaim its lost glory. But this glory will not be served to us on a silver platter. We must mobilize the country’s demographic dividend to usher in a long period of abundance. Public Libraries are absolutely central towards meeting this objective. India is already 75 years late, we cannot afford to waste any more time.

It thus follows, that in a democracy premised on justice, equality, and liberty, the right to read is not a luxury—it is a foundational necessity. The right to public libraries must therefore be secured as a fundamental right, and their access must therefore necessarily be free, as they are as basic to survival and human life and dignity as food, water, air, clothing and shelter.

Let it be said that in the 77th year of our independence, we remembered what

the Constitution demanded: not merely freedom in theory, but equality in practice. By declaring access to public libraries as a fundamental right, this Parliament would be taking a historic step to ensure that the Republic of India is also a republic of readers.

Hence, this Bill.

V. SIVADASAN.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 35 ● Despite our famous Digital Public Infrastructures, we have no official FINANCIAL MEMORANDUM statistics on our public library ecosystem.

Clause 2 of the Bill inter alia provides for free access to knowledge and ● Only 4 State Governments have managed to put in place the bare information to all persons through public libraries and public library services.

minimum financial arrangement to sustain libraries under their purview.

This Bill, therefore, would involve expenditure from the Consolidated Fund of Today India has among the highest numbers of first-generation learners in India. However, it is not possible to assess the actual financial expenditure likely the world. It also has vast disparities in access to quality reading material beyond to be incurred at this stage.

school curricula, particularly in local languages. Although the digital age has opened up new frontiers, it has also exacerbated inequalities: for every smartphone user, there are many who lack digital literacy, stable connectivity, or the resources to participate in the knowledge economy. For those who can afford smartphones and internet, without supportive reading communities of trained librarians and peers, they are as unlikely to take advantage of learning opportunities as those without.

In any country calling itself a democracy, the means of mental uplift must be placed at the disposal of all. Education does not end with the school-leaving certificate, diploma, or a college degree. Nor is learning the sole business of the elite. In the villages of India, in the bastis and chawls of the cities, there are Indians with minds as sharp and souls as hungry for knowledge as any who sit in Parliament or the few of our fellow citizens who have inherited financial and social capital to afford personal libraries. Continued under-investment in public libraries is not only depriving the underprivileged, it will also permanently relegate India to being a backward region.

As the planet hurtles through the polycrises of climate change, transformations in the global order of power among nations, and financial and trade relations, and the promises and perils of Artificial Intelligence, India as a country is poised to reclaim its lost glory. But this glory will not be served to us on a silver platter. We must mobilize the country’s demographic dividend to usher in a long period of abundance. Public Libraries are absolutely central towards meeting this objective. India is already 75 years late, we cannot afford to waste any more time.

It thus follows, that in a democracy premised on justice, equality, and liberty, the right to read is not a luxury—it is a foundational necessity. The right to public libraries must therefore be secured as a fundamental right, and their access must therefore necessarily be free, as they are as basic to survival and human life and dignity as food, water, air, clothing and shelter.

Let it be said that in the 77th year of our independence, we remembered what

the Constitution demanded: not merely freedom in theory, but equality in practice. By declaring access to public libraries as a fundamental right, this Parliament would be taking a historic step to ensure that the Republic of India is also a republic of readers.

Hence, this Bill.

V. SIVADASAN.36 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— VII Bill No. XVIII of 2026 A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic

of India as follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2026. Short title and commencement.

(2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 37 Amendment 2. In article 366 of the Constitution, after clause (15), the following shall be of article 366. inserted, namely: — “(15A) "minority" means a community whose population, whether based on religion or language, according to the latest official census, is two per cent or less of the total population of the country:

Provided that where the percentage of population of any such community in any State or Union territory exceeds the percentage of its population in the country, that community shall not be deemed to

be a minority in that State or Union territory:

Provided further that within a State or Union territory, if the population of any such community in any district is more than its national average, it shall not be treated as a minority in that district;” VII Bill No. XVIII of 2026 A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic

of India as follows:—

1. (1) This Act may be called the Constitution (Amendment) Act, 2026. Short title and commencement.

(2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.38 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— STATEMENT OF OBJECTS AND REASONS The resolve of our Constitution, particularly under Articles 29 and 30, was to provide a 'sacred protective shield' to the numerically weaker sections. The primary objective was to ensure that their unique cultural and educational identity was not overshadowed by the influence of the majority society. However, for the past seventy-seven years, our Republic has been functioning with a serious constitutional vacuum as the word 'minority' has not been defined anywhere. In this constitutional vacuum, minority status has been determined by executive notifications of the Central Government rather than by objective criteria. This approach has created a deep divide between the constitutional intent and the demographic realities of 21st century India.

The current system relies on a "national-level comprehensive standard" that generates serious statistical and social discrepancies. Under the current framework, communities that are numerically dominant and socially empowered in specific areas are also benefiting from those safeguards that were originally designed for the vulnerable groups. When a group is the majority locally, but continues to claim to be a minority group, it creates a situation of geographical inequality that inadvertently suppresses the rights and voice of those communities who are truly in the minority.

The Bill seeks to replace political discretion with mathematical certainty by setting a clear national limit of 'two per cent.'. Any community which constitutes more than two per cent. of the population at the national level possesses sufficient collective power and social capital to preserve its heritage and does not require special intervention of Articles 29, 30, 350A and 350B. By focusing the definition of minority to a maximum limit of two per cent., it is ensured that the security apparatus of the state is fully focused on those communities which are evidently a minority at the national level.

In addition, the Bill acknowledges that the minority status must be in accordance with the demographic context of the State, as suggested in the landmark 11-Judge Bench of the Supreme Court judgment in T. M. A. Pai Foundation vs.

State of Karnataka. The Bill goes a step further by proposing a comprehensive three-tier examination for the identification of the minorities.

First, the population of the community should be below the two per cent. limit at the national level. Secondly, even if a community fulfils this eligibility at the national level, it will not be treated as a minority in any state where the percentage of its population is higher than the national average. Thirdly, this principle of geographical neutrality is to be extended to the district level. If the population of a community in a particular district is more than the national percentage, it would lose its status as a minority within the jurisdiction of that particular district.

The purpose of this amendment is not to strip away one’s rights, but to ensure that the rights benefit the right people. The amendment also seeks to revive the very essence of the founding fathers of the Constitution to create a system where the constitutional safeguards are demographically accurate, regionally unbiased and honest to the ground realities of the Indian populace.

Hence, this Bill.

BHIM SINGH.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 39 STATEMENT OF OBJECTS AND REASONS The resolve of our Constitution, particularly under Articles 29 and 30, was to provide a 'sacred protective shield' to the numerically weaker sections. The primary objective was to ensure that their unique cultural and educational identity was not overshadowed by the influence of the majority society. However, for the past seventy-seven years, our Republic has been functioning with a serious constitutional vacuum as the word 'minority' has not been defined anywhere. In this constitutional vacuum, minority status has been determined by executive notifications of the Central Government rather than by objective criteria. This approach has created a deep divide between the constitutional intent and the demographic realities of 21st century India.

The current system relies on a "national-level comprehensive standard" that generates serious statistical and social discrepancies. Under the current framework, communities that are numerically dominant and socially empowered in specific areas are also benefiting from those safeguards that were originally designed for the vulnerable groups. When a group is the majority locally, but continues to claim to be a minority group, it creates a situation of geographical inequality that inadvertently suppresses the rights and voice of those communities who are truly in the minority.

The Bill seeks to replace political discretion with mathematical certainty by setting a clear national limit of 'two per cent.'. Any community which constitutes more than two per cent. of the population at the national level possesses sufficient collective power and social capital to preserve its heritage and does not require special intervention of Articles 29, 30, 350A and 350B. By focusing the definition of minority to a maximum limit of two per cent., it is ensured that the security apparatus of the state is fully focused on those communities which are evidently a minority at the national level.

In addition, the Bill acknowledges that the minority status must be in accordance with the demographic context of the State, as suggested in the landmark 11-Judge Bench of the Supreme Court judgment in T. M. A. Pai Foundation vs.

State of Karnataka. The Bill goes a step further by proposing a comprehensive three-tier examination for the identification of the minorities.

First, the population of the community should be below the two per cent. limit at the national level. Secondly, even if a community fulfils this eligibility at the national level, it will not be treated as a minority in any state where the percentage of its population is higher than the national average. Thirdly, this principle of geographical neutrality is to be extended to the district level. If the population of a community in a particular district is more than the national percentage, it would VIII lose its status as a minority within the jurisdiction of that particular district.

The purpose of this amendment is not to strip away one’s rights, but to ensure that the rights benefit the right people. The amendment also seeks to revive the very essence of the founding fathers of the Constitution to create a system where Bill No. XVII of 2026 the constitutional safeguards are demographically accurate, regionally unbiased and honest to the ground realities of the Indian populace.

Hence, this Bill.

A Bill to establish an Urban Areas (Development and Regulation) Committee to ensure regulation and development of urban areas in the BHIM SINGH. country and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic

of India as follows:-

1. (1) This Act may be called the Urban Areas (Development and Regulation) Short title and Act, 2026. commencement.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.40 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Definitions. 2. In this Act, unless the context otherwise requires,—

(a) “appropriate Government” means in the case of a State, the Government of that State and in all other cases, the Central Government;

(b) “Committee” means the Urban Areas (Development and Regulation) Committee established under section 3;

(c) “prescribed” means prescribed by rules made under this Act; and

(d) “urban area” means the territorial area of a Municipality as may be notified by the Governor under article 243Q of the Constitution.

Explanation: For the purposes of this clause, “Municipality” means an institution of self-government constituted under article 243Q of the Constitution.

Establishment 3. (1) The Central Government shall, by notification in the Official of Urban Gazette, establish a Committee to be known as the Urban Areas Areas (Development and Regulation) Committee for carrying out the (Development purposes of this Act.

and Regulation)

(2) The Committee shall consist of— Committee.

(a) the Prime Minister of India -who shall be the ex-officio Chairperson of the Committee;

(b) the Union Minister of Housing and Urban Affairs — ex- officio Vice Chairperson;

(c) the Leader of the Opposition in the House of People — ex- officio Member;

(d) the Leader of the House in the Council of States — ex- officio Member;

(e) the Leader of the Opposition in the Council of States — ex-officio Member;

(f) Vice Chairperson of NITI Aayog — ex-officio Member;

(g) Secretaries of the following Ministries or Departments of the Central Government — ex-officio Members:

(i) Ministry of Finance;

(ii) Ministry of Home Affairs;

(iii) Ministry of Environment, Forest and Climate Change;

(iv) Ministry of Road Transport and Highways;

(v) Ministry of Railways;

(vi) Ministry of Power;

(vii) Ministry of Jal Shakti;

(viii) Ministry of Panchayati Raj;

(ix) Department of Space;

(x) Ministry of Education;

(xi) Ministry of Health and Family Welfare;

(xii) Ministry of Civil Aviation;

(xiii) Ministry of Communications;

(xiv) Ministry of Electronics and Information Technology;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 41 Definitions. 2. In this Act, unless the context otherwise requires,— (xv) Ministry of New and Renewable Energy;

(a) “appropriate Government” means in the case of a State, the (xvi) Ministry of Consumer Affairs, Food and Public Government of that State and in all other cases, the Central Distribution;

Government;

(xvii) Ministry of Skill Development and

(b) “Committee” means the Urban Areas (Development and Entrepreneurship;

Regulation) Committee established under section 3;

(xviii) Ministry of Micro, Small and Medium

(c) “prescribed” means prescribed by rules made under this Act; Enterprises; and

(xix) Ministry of Youth Affairs and Sports;

(d) “urban area” means the territorial area of a Municipality as may

(xx) Ministry of Women and Child Development; be notified by the Governor under article 243Q of the Constitution.

(xxi) Ministry of Labour and Employment; and

Explanation: For the purposes of this clause, “Municipality” means an institution of self-government constituted under article 243Q of the (xxii) Ministry of Commerce and Industry;

Constitution.

(h) Secretary, Department of Urban Development or City Establishment 3. (1) The Central Government shall, by notification in the Official Development of each State and Union territory — ex-officio of Urban Gazette, establish a Committee to be known as the Urban Areas Members;

Areas (Development and Regulation) Committee for carrying out the (Development (i) five elected members from the House of People who shall purposes of this Act. and be nominated by the Speaker — Members;

Regulation)

(2) The Committee shall consist of— Committee. (j) five elected members from the Council of States who

(a) the Prime Minister of India -who shall be the ex-officio shall be nominated by the Chairman — Members;

Chairperson of the Committee;

(k) two Senior Specialists in the field of Architectural

(b) the Union Minister of Housing and Urban Affairs — ex- Engineering and three Senior Civil Engineers in the field of officio Vice Chairperson; Civil Engineering to be appointed by the Central Government on such terms and conditions, as may be prescribed —

(c) the Leader of the Opposition in the House of People — ex- Members; and officio Member;

(l) Secretary, Ministry of Housing and Urban Affairs — ex-

(d) the Leader of the House in the Council of States — ex- officio Member Secretary. officio Member;

(e) the Leader of the Opposition in the Council of States —

(3) The Central Government shall appoint such number of officers and staff, as it deems necessary, to aid the efficient functioning of the ex-officio Member;

Committee.

(f) Vice Chairperson of NITI Aayog — ex-officio Member;

(4) The salary, allowances and other terms and conditions of services of

(g) Secretaries of the following Ministries or Departments of officers and staff of the Committee shall be such, as may be prescribed. the Central Government — ex-officio Members:

(5) The Committee shall meet at least once in a month and shall observe

(i) Ministry of Finance; such rules of procedure with regard to transaction of business at its

meetings as may be prescribed by the Central Government:

(ii) Ministry of Home Affairs;

(iii) Ministry of Environment, Forest and Climate Provided that the Committee shall meet at such time and place and at Change; such intervals, as the Chairperson of the Committee deems fit.

(iv) Ministry of Road Transport and Highways; Provided further that the Union Ministry of Housing and Urban Affairs shall provide secretarial assistance during the meetings of the

(v) Ministry of Railways;

Committee.

(vi) Ministry of Power;

4. (1) The Committee shall recommend to the appropriate Government to,— Functions of

(vii) Ministry of Jal Shakti;

(a) ensure availability of means for the development and the

(viii) Ministry of Panchayati Raj; regulation of urban areas under its jurisdiction; Committee.

(ix) Department of Space;

(b) impart modern training in techniques of urban development

(x) Ministry of Education; to the institutions and persons involved in the regulation and development of urban areas;

(xi) Ministry of Health and Family Welfare;

(xii) Ministry of Civil Aviation; (c) ensure adherence to the stipulated method for financing the development of urban areas, i.e., seventy-five per cent of the

(xiii) Ministry of Communications; expenditure shall be borne by the Central Government and rest of the

(xiv) Ministry of Electronics and Information twenty-five per cent by the State Government;

Technology;

(d) put an obligation on the District Magistrate concerned to42 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ensure appropriate development and regulation of urban areas under his jurisdiction;

(e) establish durable, strong and inclusive infrastructure required for the development and regulation of urban areas in the country;

(f) establish natural land cover, including parks and playgrounds, in the urban areas in the country;

(g) ensure availability of safe housing, clean water, water management, healthcare facilities and appropriate educational facilities in the urban areas of the country;

(h) ensure complete ban on encroachment upon lakes, wet lands and rivers;

(i) establish balance between supply and demand of public transport facilities in the urban areas;

(j) ensure availability of electric buses, establish bus corridor and bus rapid transit system for promoting green mobility in the urban areas;

(k) promote e-participation of urban local bodies in the development and regulation of urban area under their jurisdiction;

(l) establish suburbs along with metropolitan cities to make a balance between population and resources; and

(m) undertake such other measures as are required for the regulation and development of urban areas.

(2) The Committee shall prescribe the form and manner and the time within which the appropriate Government shall prepare and submit an action taken report on its recommendations.

Duties of the 5. The appropriate Government shall prepare a report on the action taken on appropriate the recommendations of the Committee, including the reasons for non- Government. implementation and/or delay in taking action thereon and submit the report to the Committee, in such form and manner and within such time, as may be prescribed by the Committee.

Annual 6. (1) The Committee shall prepare once every year, in such form and manner report. as may be prescribed, an annual report giving the summary of its activities, including schemes it has undertaken and recommended to the State Governments during the previous calendar year containing therein the statements of annual accounts of the Committee.

(2) A copy of the report shall be forwarded to the Central Government, and the Central Government shall lay the report before each House of Parliament as soon as it is received.

Central 7. The Central Government, shall from time to time provide, after due Government appropriation made by Parliament by law in this behalf, requisite to provide funds for carrying out the purposes of this Act.

funds.

Power to 8. If any difficulty arises in giving effect to the provisions of this Act, the remove Central Government, in consultation with the State Governments, may difficulty. make such order or give such direction, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for the removal of

any difficulty:

Provided that no such order shall be made after expiry of three years from the date of commencement of this Act.

Power to 9. (1) The Central Government may, by notification in the Official Gazette, make rules. make rules for carrying out the purposes of this Act.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 43 ensure appropriate development and regulation of urban areas under (2) Every rule made under this section, shall be laid, as soon as may be his jurisdiction; 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

(e) establish durable, strong and inclusive infrastructure two or more successive sessions, and if, before the expiry of the session required for the development and regulation of urban areas in the immediately following the session or the successive sessions aforesaid, country;

both Houses agree in making any modification in the rule or both the

(f) establish natural land cover, including parks and Houses agree that the rule should not be made, the rule shall thereafter have playgrounds, in the urban areas in the country; 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

(g) ensure availability of safe housing, clean water, water prejudice to the validity of anything previously done under that rule. management, healthcare facilities and appropriate educational facilities in the urban areas of the country;

(h) ensure complete ban on encroachment upon lakes, wet lands and rivers;

(i) establish balance between supply and demand of public transport facilities in the urban areas;

(j) ensure availability of electric buses, establish bus corridor and bus rapid transit system for promoting green mobility in the urban areas;

(k) promote e-participation of urban local bodies in the development and regulation of urban area under their jurisdiction;

(l) establish suburbs along with metropolitan cities to make a balance between population and resources; and

(m) undertake such other measures as are required for the regulation and development of urban areas.

(2) The Committee shall prescribe the form and manner and the time within which the appropriate Government shall prepare and submit an action taken report on its recommendations.

Duties of the 5. The appropriate Government shall prepare a report on the action taken on appropriate the recommendations of the Committee, including the reasons for non- Government. implementation and/or delay in taking action thereon and submit the report to the Committee, in such form and manner and within such time, as may be prescribed by the Committee.

Annual 6. (1) The Committee shall prepare once every year, in such form and manner report. as may be prescribed, an annual report giving the summary of its activities, including schemes it has undertaken and recommended to the State Governments during the previous calendar year containing therein the statements of annual accounts of the Committee.

(2) A copy of the report shall be forwarded to the Central Government, and the Central Government shall lay the report before each House of Parliament as soon as it is received.

Central 7. The Central Government, shall from time to time provide, after due Government appropriation made by Parliament by law in this behalf, requisite to provide funds for carrying out the purposes of this Act.

funds.

Power to 8. If any difficulty arises in giving effect to the provisions of this Act, the remove Central Government, in consultation with the State Governments, may difficulty. make such order or give such direction, not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient for the removal of

any difficulty:

Provided that no such order shall be made after expiry of three years from the date of commencement of this Act.

Power to 9. (1) The Central Government may, by notification in the Official Gazette, make rules. make rules for carrying out the purposes of this Act.44 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— STATEMENT OF OBJECTS AND REASONS India’s biggest tragedy after independence is the migration of about fifty crore people from their ancestral homes and villages. A study of the changes in this socio-economic structure reveals that almost one-third of the country’s population (about 31.16 per cent) is now living in cities. Census data of 2011 shows that the number of people leaving the villages and migrating to the cities is increasing constantly and now thirty-seven crore and seventy lakh people live in the cities. On comparing the figures of 2001 and 2011 census, it is found that during this period, the population of cities increased by nine crore and ten lakh, whereas the population of villages increased by nine crore and five lakh.

The population of villages in the country is still about 68.84 crore, that is, two-thirds of the total population of the country, but the contribution of agriculture in the country’s GDP has been continuously decreasing to only fifteen per cent. There is a decline in the standard of living in villages, lack of education, health care and basic facilities and lack of employment, and so people there are moving to the cities in search of a better life. As a result, all big cities including the metropolitan cities of the country have turned into slums. Out of a total of 7.89 crore families living in cities across the country,

1.37 crore families live in slums.

Urbanization should be seen as an opportunity and urban centers as engines of growth. Urban and rural development in the country should complement each other. If we analyze from the perspective of development in the field of urbanization in different States of India, it is evident that the quantum and speed of urbanization in different States is not the same. For urbanization and development to move on the same track, there should be people-centric urban development, which can weave the fabric of such cities and which shall be built according to the required global standards. A city that is two steps ahead of people’s aspirations, a city built on global best practices, a city that integrates technology, transportation, energy efficiency, proximity to work, etc. A city where all urban development plans are undertaken with people’s participation.

As per a report by the United Nations, globally, a total of 31 such cities are home to an estimated 5 crore people. This is 6.8 per cent of the world’s total population. By the year 2030, the number of mega cities shall increase to 41 and their population shall be 7.3 crore, which would be 8.7 per cent of the population of the entire world. The administrative boundaries of the cities have not been relied upon in this report. Instead, priority has been given to use the concept of growing urban area. The report reveals that only people from urban areas live in these mega cities. About 21 per cent of the world’s people live in cities, whose population is between 50 thousand and one crore. By the year 2030, 60 per cent of the world’s population shall live in small and big cities, which is currently 54 per cent. Most developing cities in Asia and Africa are seeing population growth, and by 2030, 33 of the 41 mega cities shall be in third world countries.

According to a report by the Department of Economic and Social Affairs of United Nations, by the year 2030, India shall have seven mega cities, each with a population of 96 lakh. Among these seven, Delhi shall be second in terms of population.

The World Cities Report, 2016 states that at present, the country has five mega cities- Delhi, Mumbai, Kolkata, Bangalore and Chennai- each with a population of more than one crore. Hyderabad and Ahmedabad will also join the ranks by the year 2030.

The need is to create development centers across the country instead of adopting foreign models for urbanization. Inequality and imbalance shall increase further by adopting foreign models. Uneven and imbalancedSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 45 STATEMENT OF OBJECTS AND REASONS urbanization is not correct considering the diversity of India. In view of the above, the present Bill is very important so that the people of the urban areas India’s biggest tragedy after independence is the migration of about fifty of India may be able to live in conditions suitable for humans.

crore people from their ancestral homes and villages. A study of the changes in this socio-economic structure reveals that almost one-third of the country’s Hence, this Bill. population (about 31.16 per cent) is now living in cities. Census data of 2011 BHIM SINGH.

shows that the number of people leaving the villages and migrating to the cities is increasing constantly and now thirty-seven crore and seventy lakh people live in the cities. On comparing the figures of 2001 and 2011 census, it is found that during this period, the population of cities increased by nine crore and ten lakh, whereas the population of villages increased by nine crore and five lakh.

The population of villages in the country is still about 68.84 crore, that is, two-thirds of the total population of the country, but the contribution of agriculture in the country’s GDP has been continuously decreasing to only fifteen per cent. There is a decline in the standard of living in villages, lack of education, health care and basic facilities and lack of employment, and so people there are moving to the cities in search of a better life. As a result, all big cities including the metropolitan cities of the country have turned into slums. Out of a total of 7.89 crore families living in cities across the country,

1.37 crore families live in slums.

Urbanization should be seen as an opportunity and urban centers as engines of growth. Urban and rural development in the country should complement each other. If we analyze from the perspective of development in the field of urbanization in different States of India, it is evident that the quantum and speed of urbanization in different States is not the same. For urbanization and development to move on the same track, there should be people-centric urban development, which can weave the fabric of such cities and which shall be built according to the required global standards. A city that is two steps ahead of people’s aspirations, a city built on global best practices, a city that integrates technology, transportation, energy efficiency, proximity to work, etc. A city where all urban development plans are undertaken with people’s participation.

As per a report by the United Nations, globally, a total of 31 such cities are home to an estimated 5 crore people. This is 6.8 per cent of the world’s total population. By the year 2030, the number of mega cities shall increase to 41 and their population shall be 7.3 crore, which would be 8.7 per cent of the population of the entire world. The administrative boundaries of the cities have not been relied upon in this report. Instead, priority has been given to use the concept of growing urban area. The report reveals that only people from urban areas live in these mega cities. About 21 per cent of the world’s people live in cities, whose population is between 50 thousand and one crore. By the year 2030, 60 per cent of the world’s population shall live in small and big cities, which is currently 54 per cent. Most developing cities in Asia and Africa are seeing population growth, and by 2030, 33 of the 41 mega cities shall be in third world countries.

According to a report by the Department of Economic and Social Affairs of United Nations, by the year 2030, India shall have seven mega cities, each with a population of 96 lakh. Among these seven, Delhi shall be second in terms of population.

The World Cities Report, 2016 states that at present, the country has five mega cities- Delhi, Mumbai, Kolkata, Bangalore and Chennai- each with a population of more than one crore. Hyderabad and Ahmedabad will also join the ranks by the year 2030.

The need is to create development centers across the country instead of adopting foreign models for urbanization. Inequality and imbalance shall increase further by adopting foreign models. Uneven and imbalanced46 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— FINANCIAL MEMORANDUM Clause 3 of the Bill provides for the establishment of an Urban Areas (Development and Regulation) Committee, along with appointment of specialists in the fields of Architectural Engineering and Civil Engineering as members. It also provides for appointment of requisite number of officers and staff to assist the Committee as well as their salary and allowances and other terms and conditions of their service. Clause 7 provides for the Central Government to provide requisite funds to the Committee for carrying out the purposes of the Bill.

The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees two hundred crore per annum will be involved from the Consolidated Fund of India.

A non-recurring expenditure of about rupees fifty crore is also likely to be involved.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 47 MEMORANDUM REGARDING DELEGATED LEGISLATION FINANCIAL MEMORANDUM Clause 8 of the Bill empowers the Central Government, in consultation with the Clause 3 of the Bill provides for the establishment of an Urban Areas State Governments, to make such order or give such direction for removing any (Development and Regulation) Committee, along with appointment of specialists in difficulty in giving effect to the provisions of the Bill. Clause 9 empowers the Central the fields of Architectural Engineering and Civil Engineering as members. It also Government to frame rules for carrying out the purposes of the Bill. As the orders, provides for appointment of requisite number of officers and staff to assist the directions and rules will relate to matters of detail only, the delegation of legislative Committee as well as their salary and allowances and other terms and conditions of power is of a normal character.

their service. Clause 7 provides for the Central Government to provide requisite funds to the Committee for carrying out the purposes of the Bill.

The Bill, therefore, if enacted, will involve expenditure from the Consolidated Fund of India. It is estimated that an annual recurring expenditure of about rupees two hundred crore per annum will be involved from the Consolidated Fund of India.

A non-recurring expenditure of about rupees fifty crore is also likely to be involved.48 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— IX Bill No. XXII of 2026 A Bill to provide for the promotion, growth and empowerment of the silver economy in the country by recognising senior citizens as active contributors to economic productivity, innovation and social capital; to establish institutional mechanisms for employment, entrepreneurship and mentorship by senior citizens; to promote age-ready infrastructure and age- tech innovation for senior citizens and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic of India

as follows:—

CHAPTER I PRELIMINARY

1. (1) This Act may be called the Silver Economy (Growth and Empowerment) Act, Short title and

2026. commencement.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 49 Definitions. 2. In this Act, unless the context otherwise requires,––

(a) “age- ready infrastructure” means infrastructure designed in accordance with universal accessibility, safety, mobility, digital inclusion and inter-generational integration standards suitable for senior citizens;

(b) “age-tech” means technologies, products or services designed primarily to improve the health, mobility, independence, productivity or quality of life of senior citizens, including assistive devices, geriatric health technologies, robotics, remote monitoring systems and digital platforms;

(c) “Authority” means the National Silver Human Resource Authority established under section 5;

(d) “Council” means the National Silver Economy Council established under section 17;

(e) “Fund” means the Silver Economy Fund constituted under section 11;

(f) “prescribed” means prescribed by rules made under this Act;

(g) “senior citizen” means a person being a citizen of India, who has attained the age of sixty years or above or such other age as may be notified by the Central Government;

(h) “senior-led enterprise” means a Micro, Small or Medium Enterprise

(MSME) in which a senior citizen holds a controlling interest or plays a principal managerial or advisory role;

(i) “silver economy” means the ecosystem of economic activities, services, employment, entrepreneurship, innovation and social engagement driven by or designed for senior citizens; and

(j) “silver workforce” means senior citizens voluntarily engaged in economic, professional, advisory, mentoring or community activities under this Act.

CHAPTER II STATUTORY RECOGNITION OF THE SILVER ECONOMY Recognition of 3. (1) The silver economy is hereby recognised as a distinct and strategic component the silver of the economic and social development of the country.

economy.

(2) Senior citizens shall be recognised as active economic contributors.

(3) All policies, programmes and measures framed under this Act shall be guided by the principles of equity, dignity, voluntariness, flexibility and non- discrimination.

Integration with 4. The Central Government shall endeavour to integrate the objectives of this Act with national the national programmes, if any, relating to — development programmes. (a) skill development;

(b) entrepreneurship including micro, small and medium enterprises;

(c) digital inclusion;

(d) urban development and housing; and

(e) healthcare and innovation.

CHAPTER III NATIONAL SILVER HUMAN RESOURCE AUTHORITY Establishment 5. (1) The Central Government shall, by notification in the Official Gazette, of National establish an Authority to be known as National Silver Human Resource Silver Human Resource Authority.50 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Authority to exercise the powers conferred on, and to perform the functions assigned to it under this Act.

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

(3) The Authority may, in consultation with the Central Government, establish its Head Office and branch office(s) at such place(s) in the country, as it may deem fit, for carrying out the purposes of this Act.

6. (1) The Authority shall consist of following members, namely— Composition of the Authority.

(a) a Chairperson, who shall be an officer not below the rank of Joint Secretary to the Government of India, to be appointed by the Central Government, in such manner as may be prescribed;

(b) not more than four other Members, each of whom shall—

(i) be a citizen of India;

(ii) have attained the age of thirty-five years; and

(iii) possess special knowledge and professional experience in the fields of economics, law, management or public administration, to be appointed by the Central Government in such manner as may be prescribed.

(2) The Chairperson and every Member of the Authority shall hold office for such period, not exceeding four years, as may be specified by the Central Government in this behalf.

(3) The salary and allowances payable to, and other terms and conditions of service of the Chairperson and, Members of the Authority shall be such as may be prescribed.

(4) The Authority shall have the power to regulate its own procedure.

7. (1) The Central Government shall, from time to time, appoint such number of Officers and staff of the officers and staff, as may be required to assist the Authority in its efficient Authority. functioning, in such manner as may be prescribed.

(2) The method of recruitment or appointment of officers and staff, the salaries and allowances payable to them, and other terms and conditions of their service, shall be such as may be prescribed.

8. (1) The Authority shall perform the following functions, namely— Functions of the Authority.

(a) facilitate part-time, flexible and meaningful employment opportunities for senior citizens;

(b) engage senior citizens as mentors, advisors or trainers for youth, startups and micro, small and medium enterprises;

(c) promote inter-generational transfer of skills and continuity of knowledge;

(d) support community services and programmes for social engagement;

(e) establish and maintain a voluntary registry of persons constituting the silver workforce;

(f) undertake programmes, schemes and projects for promotion and development of the silver economy; and

(g) any other matter as may be prescribed by the Central Government.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 51

(2) The Authority shall act as the nodal agency for coordination with the State Governments, local authorities and private stakeholders for the purposes of this Act.

CHAPTER IV AGE-READY INFRASTRUCTURE AND URBAN INTEGRATION Age-ready 9. (1) The Central Government shall, in consultation with State Governments, infrastructure prescribe minimum standards of age-ready infrastructure.

standards.

(2) The standards prescribed under sub- section (1) shall apply to —

(a) new urban townships;

(b) smart city projects; and

(c) large housing or commercial developments above such threshold as may be prescribed.

Integrated 10. The urban planning authorities shall, in discharge of their functions, endeavour to living and promote— community design. (a) mixed-use zoning that integrates residential, commercial and community spaces;

(b) accessibility to healthcare, mobility and digital services; and

(c) measures to prevent segregation or social isolation of senior citizens.

CHAPTER V SILVER ECONOMY FUND Constitution of 11. (1) The Central Government shall, by notification in the Official Gazette, the Silver constitute a non-lapsable fund to be known as the Silver Economy Fund.

Economy Fund.

(2) The Fund shall be credited with —

(a) grants made by the Central Government;

(b) contributions from State Governments;

(c) voluntary contributions, including those made under corporate social responsibility funds; and

(d) such other sources as may be prescribed by the Central Government.

(3) The Fund shall be administered and maintained by the Authority, in such manner as may be prescribed by the Central Government.

Utilisation of 12. (1) The Fund shall be utilised for the purposes of — the Fund.

(a) supporting senior-led enterprises and micro-entrepreneurship initiatives;

(b) financing the programmes, schemes and projects undertaken by the Authority for promotion and development of the silver economy;

(c) promoting development and deployment of age-tech research; and

(d) promoting programmes addressing social isolation and mental well- being of senior citizens.

Inflation- 13. The Central Government shall endeavour to ensure that the financial support indexed support provided to senior-citizens is reviewed at such intervals as may be prescribed, to account for inflation and prevailing economic conditions.

Recommendati- 14. The Authority may recommend to the Central Government for grant of tax ons for tax incentives or deductions for — incentives.

(a) companies employing senior citizens as consultants or mentors;52 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(b) investments in age-tech innovation; and

(c) contributions to the Fund or recognised Silver Human Resource Centres.

CHAPTER VI PROMOTION OF AGE-TECH AND HEALTH-TECH

15. (1) The Central Government shall recognise age-tech as a priority sector for Age-tech as a innovation, research and development. priority sector.

(2) The measures for promotion of age-tech shall include—

(a) provision of incubation and accelerator support to enterprises engaged in age-tech;

(b) encouragement of public procurement of age-friendly and health technologies;

(c) facilitation of regulatory guidelines relating to such technologies;

(d) promotion of international collaboration in research, development and deployment of such technologies; and

(e) any other measures as may be prescribed.

CHAPTER VII SOCIAL INCLUSION AND MENTAL WELL-BEING

16. (1) The Central Government and State Governments shall promote structured Community programmes engaging senior citizens for— engagement programmes.

(a) skill training;

(b) counselling and guidance;

(c) cultural and educational activities;

(d) community development; and

(e) any other activities as may be prescribed.

(2) In promoting programmes under sub-section (1), special emphasis shall be placed on initiatives and programmes aimed at reducing loneliness, social isolation and mental health challenges among senior citizens.

CHAPTER VIII NATIONAL SILVER ECONOMY COUNCIL

17. (1) The Central Government shall, by notification in the Official Gazette, Establishment of constitute a body to be known as the National Silver Economy Council, to National Silver Economy perform such functions as assigned to it, under this Act.

Council.

(2) The head office and branch office(s) of the Council shall be at such place, as may be prescribed.

(3) The Council shall consist of the following members, namely:-

(a) the Vice-Chairperson of NITI Aayog, who shall be the ex-officio Chairperson of the Council;

(b) one Vice-Chairperson, to be appointed by the Central Government from amongst persons having demonstrated expertise in ageing economics, social policy, or demographic planning;

(c) three Members of Parliament, of whom one shall be nominated by the Chairman of the Council of States, from among its members and two shall be nominated by the Speaker of the House of the People, from among its members; andSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 53

(d) not more than twenty other members, to be appointed by the Central Government by notification in the Official Gazette, from amongst persons or representatives capable of representing the following

domain expertise:

(i) economics and public finance, including labour markets, pension, and social security; or

(ii) geriatric medicine, public health and long-term care systems; or

(iii) urban planning, housing, transport and age-friendly infrastructure; or

(iv) digital technologies, assistive technologies and health-tech solutions for ageing population; or

(v) social policy, welfare administration and inclusive development; or

(vi) industry bodies and enterprises operating in sectors relevant to the silver economy, including healthcare services, insurance, financial services, mobility, and housing; or

(vii) civil society organizations, caregivers’ associations, and organisations representing senior citizens; or

(viii) academic and research institutions engaged in demographic studies, aging, or social gerontology; or

(ix) any other expertise or interest which, in the opinion of the Central Government, ought to be represented in the Council.

(4) The term of office of, the salaries and allowances payable to and other terms and conditions of service including resignation by and removal of the Chairperson, Vice-Chairperson and members shall be such as may be prescribed.

Officers and 18. (1) The Central Government shall, from time to time, appoint such number of staff of the officers and staff, as may be required to assist the Council in its efficient Council. functioning, in such manner as may be prescribed.

(2) The method of recruitment or appointment of officers and staff, the salaries and allowances payable to them, and other terms and conditions of their service, shall be such as may be prescribed.

Functions of the 19. (1) The Council shall advise the Central Government on— Council and procedure (a) policy formulation and strategic direction relating to the silver thereof. economy;

(b) coordination among Ministries, State Governments, and other stakeholders for implementation of programmes concerning the ageing population;

(c) promotion of innovation, investment, and employment generation in sectors catering to senior citizens; and

(d) such other matters as may be referred to it by the Central Government.

(2) The Council shall, subject to any rules made under this Act, have the power to regulate its own procedure, including the conduct of its meetings and the times and places at which such meetings shall be held.

(3) The Council may, for the purpose of discharging its functions,

(a) seek advice, recommendations or reports from the Authority; and54 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(b) place before the Authority such issues or proposals as may require

policy guidance or expert consultation:

Provided that the Council shall act solely in an advisory capacity, and nothing contained herein shall be construed as conferring upon the Council any executive or regulatory powers over the Authority.

CHAPTER IX MISCELLANEOUS

20. (1) The engagement of senior citizens under this Act shall be voluntary and non- Nature of exploitative. engagement of senior citizens.

(2) The participation of senior citizens under this Act shall not result in the loss or reduction of pension, social security or welfare benefits available to them under any other law for the time being in force.

21. The Central Government shall, after due appropriation made by Parliament Central Government to by law in this behalf, pay to the Authority and the Council, by way of grants provide funds. such sums of money as the Central Government may think fit for carrying out the purposes of this Act.

22. The Authority and the Council shall separately prepare, in such form and at such Annual Report. time as may be prescribed, an annual report of its activities including but not limited

to the following:—

(a) progress of implementation;

(b) utilisation of the Fund; and

(c) impact on employment, productivity and social inclusion.

23. (1) The Authority and the Council shall maintain proper accounts and other relevant Accounts and records and prepare separate annual statement of accounts in such form as may be audit. prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Authority and the Council shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority and the Council, as the case may be, to the Comptroller and Auditor- General.

(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority and the Council;

(4) The accounts of the Authority and the Council, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Authority.

24. The Central Government shall cause the annual reports under section 22 together Annual reports with a memorandum of action taken on the recommendations contained therein, in and audit reports to be laid before so far as they relate to the Central Government, and the reasons for the non- Parliament.

acceptance, if any, of any of such recommendations and the audit reports under

section 23 to be laid as soon as may be after the reports are received, before each House of Parliament.

25. (1) The Central Government may, by notification, make rules for carrying out the Power to make purposes of this Act. rules and regulations.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 55

(2) The Authority may, with the previous approval of the Central Government, make regulations consistent with this Act and the rules made thereunder.

(3) Every rule made by the Central Government and every regulation made by the Authority 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

Act not in 26. The provisions of this Act shall be in addition to, and not in derogation of, any other derogation of law for the time being in force relating to senior citizens. other laws.

Power to 27. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central remove Government may, by order, make such provisions as may be necessary for difficulties. removing the difficulty.

(2) Every order made under sub-section (1) shall be laid before each House of Parliament.56 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— STATEMENT OF OBJECTS AND REASONS India is undergoing a significant demographic transition. With rising life expectancy and declining fertility rates, the proportion of senior citizens in the country is increasing steadily. By the year 2030, nearly one-fifth of India’s population is expected to be above the age of sixty. While this demographic shift reflects improvements in public health and socio-economic conditions, it also presents new economic and social challenges.

At present, India’s legal and policy framework approaches ageing largely from the perspective of welfare, protection and maintenance. While such measures remain essential, they do not adequately recognise the productive potential, professional expertise and institutional memory possessed by senior citizens. The absence of a statutory framework to harness this potential has resulted in the underutilisation of a valuable human resource and increasing social isolation among the elderly.

The concept of the “Silver Economy”, adopted in several advanced economies, treats senior citizens as active participants in economic and social life rather than as dependants. International best practices, such as Japan’s Silver Human Resource Centres, Singapore’s age-integrated urban planning models, and the United Kingdom’s inflation-linked support mechanisms, demonstrate that productive ageing can contribute meaningfully to national productivity, innovation and inter- generational equity.

This Bill aims to establish a comprehensive statutory framework for promoting and fostering India’s Silver Economy. It aims to recognise senior citizens as contributors to economic productivity, promote flexible employment and mentorship opportunities, encourage age-ready and inclusive infrastructure, foster innovation in Age-Tech and health technologies, and address loneliness and social isolation through structured community engagement.

The proposed legislation is in furtherance of the constitutional values of dignity, equality and social justice enshrined in Articles 14, 21, 38 and 39 of the Constitution of India, and complements existing laws relating to senior citizens.

Hence, this Bill.

SUJEET KUMAR.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 57 STATEMENT OF OBJECTS AND REASONS FINANCIAL MEMORANDUM India is undergoing a significant demographic transition. With rising life Clause 5 of the Bill provides for the establishment of the National Silver Human expectancy and declining fertility rates, the proportion of senior citizens in the Resource Authority. Clause 6 provides for appointment of Chairperson and Members country is increasing steadily. By the year 2030, nearly one-fifth of India’s of the Authority and salary and allowances payable to them. Clause 7 provides for population is expected to be above the age of sixty. While this demographic shift appointment of officers and employees of the Authority along with their terms and reflects improvements in public health and socio-economic conditions, it also conditions of services including salary and allowances. Clause 8 provides for Authority presents new economic and social challenges. to undertake programmes, schemes and projects for promotion and development of the silver economy. Clause 11 provides for the constitution of the Silver Economy Fund.

At present, India’s legal and policy framework approaches ageing largely from Clause 17 provides for establishment of the National Silver Economy Council and the perspective of welfare, protection and maintenance. While such measures remain Clause 21 provides for Central Government to provide such sums of money as may be essential, they do not adequately recognise the productive potential, professional necessary for the purposes of this Bill.

expertise and institutional memory possessed by senior citizens. The absence of a statutory framework to harness this potential has resulted in the underutilisation of a The Bill, therefore, if enacted, would involve expenditure from the Consolidated valuable human resource and increasing social isolation among the elderly. Fund of India. It is estimated that a recurring expenditure of about rupees ten crore would be incurred per annum from the Consolidated Fund of India. A non-recurring The concept of the “Silver Economy”, adopted in several advanced economies, expenditure of about rupees twenty crore is also likely to be involved.

treats senior citizens as active participants in economic and social life rather than as dependants. International best practices, such as Japan’s Silver Human Resource Centres, Singapore’s age-integrated urban planning models, and the United Kingdom’s inflation-linked support mechanisms, demonstrate that productive ageing can contribute meaningfully to national productivity, innovation and inter- generational equity.

This Bill aims to establish a comprehensive statutory framework for promoting and fostering India’s Silver Economy. It aims to recognise senior citizens as contributors to economic productivity, promote flexible employment and mentorship opportunities, encourage age-ready and inclusive infrastructure, foster innovation in Age-Tech and health technologies, and address loneliness and social isolation through structured community engagement.

The proposed legislation is in furtherance of the constitutional values of dignity, equality and social justice enshrined in Articles 14, 21, 38 and 39 of the Constitution of India, and complements existing laws relating to senior citizens.

Hence, this Bill.

SUJEET KUMAR.58 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 25 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. Clause 27 provides that the Central Government may make such provisions, by order, as may be necessary for removing any difficulty in giving effect to the provisions of this Bill.

As the rules will relate to matters of procedure and administrative detail only, the delegation of legislative power is of a normal character.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 59 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 25 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. Clause 27 provides that the Central Government may make such provisions, by order, as may be necessary for removing any difficulty in giving effect to the provisions of this Bill.

As the rules will relate to matters of procedure and administrative detail only, the delegation of legislative power is of a normal character.

X Bill No. XXX of 2026 A Bill to provide for the legal recognition, regulation and supervision of asset tokenisation in the country; to lay down a statutory framework for the issuance, trading, custody and settlement of tokenised real-world assets; to ensure investor protection, market integrity and financial stability;

and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic

of India as follows:—

CHAPTER I PRELIMINARY

1. (1) This Act may be called the Asset Tokenisation (Regulation) Act, 2026. Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.60 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Definitions. 2. In this Act, unless the context otherwise requires,—

(a) “Appellate Tribunal” means the Securities Appellate Tribunal referred to in section 17;

(b) “asset” means any property, whether movable or immovable, tangible or intangible, corporeal or incorporeal, and including real estate, commodities, securities, receivables, infrastructure assets, carbon credits, intellectual property rights, or such other class of real-world assets, as may be notified by the Central Government;

(c) “asset token” means a cryptographically secured digital representation of any right, title, interest, claim or economic benefit in an underlying asset, which is generated, issued, stored, or transferred, or traded by using electronic means and recorded on a distributed ledger technology or such similar technology, as may be notified by the Central Government;

(d) “Committee” means inter-regulatory coordination committee constituted under section 8;

(e) “custodian” means an entity registered under this Act and authorised to hold, safeguard, administer or manage underlying assets or asset tokens, on behalf of investors or token holders, in such manner as may be prescribed;

(f) “distributed ledger technology” means a system of electronic records, which is shared, replicated and synchronised across multiple nodes and enables immutable recording of transactions;

(g) “electronic record” shall have the meaning as assigned to it in clause (t) of sub-section (1) of section 2 of the Information 21 of 2000.

Technology Act, 2000;

(h) “issuer” means any person, body corporate or special purpose vehicle registered under this Act, which creates, offers or issues asset tokens and includes any person who solicits subscription thereto;

(i) “prescribed” means prescribed by rules made under this Act;

(j) “regulatory authority” means the authority or authorities designated under section 5;

(k) “securities” shall have the meaning assigned to it in clause

(h) of section 2 of the Securities Contracts (Regulation) Act, 1956; 42 of 1956.

(l) “token holder” means a person who holds, owns or has a beneficial interest in an asset token;

(m) “tokenisation” means the process of converting rights or interests in an asset into one or more asset tokens;

(n) “trading platform” means any electronic system, facility or arrangement, whether physical or virtual, which is registered with the regulatory authority under this Act and which provides for the listing, trading, matching, execution or reporting of transactions in asset tokens, and includes such ancillary services as may be specified by the regulatory authority; and

(o) Words and expressions used but not defined in this Act but defined in the Information Technology Act, 2000, the Securities and 21 of 2000.

15 of 1992.

Exchange Board of India Act, 1992, the Securities Contracts 42 of 1956.

(Regulation) Act, 1956, the Reserve Bank of India Act, 1934 , shall 2 of 1934. have the meanings respectively assigned to them in those Acts.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 61 Definitions. 2. In this Act, unless the context otherwise requires,— CHAPTER II

(a) “Appellate Tribunal” means the Securities Appellate LEGAL RECOGNITION OF ASSET TOKENISATION Tribunal referred to in section 17;

3. (1) Notwithstanding anything contained in any other law for the time Legal

(b) “asset” means any property, whether movable or being in force, asset tokens issued in accordance with the provisions of recognition of asset tokens. immovable, tangible or intangible, corporeal or incorporeal, and this Act shall be recognised as valid digital representations of the rights, including real estate, commodities, securities, receivables, title, interest, claim or economic benefit in the underlying asset.

infrastructure assets, carbon credits, intellectual property rights, or

(2) The issuance of an asset token shall not, by itself, constitute a transfer such other class of real-world assets, as may be notified by the of ownership of the underlying asset, except to the extent expressly Central Government;

provided in the tokenisation arrangement or regulations made under this

(c) “asset token” means a cryptographically secured digital Act. representation of any right, title, interest, claim or economic benefit

4. The rights, obligations and entitlements attached to an asset token shall be Enforceability in an underlying asset, which is generated, issued, stored, or legally enforceable against the issuer and any other relevant persons in of rights.

transferred, or traded by using electronic means and recorded on a accordance with the disclosures, contractual terms and regulatory distributed ledger technology or such similar technology, as may be requirements governing such asset token, subject to applicable law.

notified by the Central Government;

CHAPTER III

(d) “Committee” means inter-regulatory coordination committee constituted under section 8; REGULATORY AUTHORITIES

(e) “custodian” means an entity registered under this Act and 5. (1) The Central Government shall, by notification in the Official Gazette, Designation of authorised to hold, safeguard, administer or manage underlying designate one or more existing financial sector regulators as the regulatory regulatory authority.

assets or asset tokens, on behalf of investors or token holders, in such authority or authorities for the purposes of this Act. manner as may be prescribed;

(2) Where more than one regulatory authority is so designated, the Central

(f) “distributed ledger technology” means a system of Government may, by notification, specify the scope of jurisdiction of each electronic records, which is shared, replicated and synchronised such authority, having regard to the nature of the underlying asset and the across multiple nodes and enables immutable recording of functions to be performed under this Act.

transactions;

6. The regulatory authority shall, for the purposes of this Act,— Powers and

(g) “electronic record” shall have the meaning as assigned to it functions of

(a) grant, renew, suspend or cancel registration of issuers, regulatory in clause (t) of sub-section (1) of section 2 of the Information 21 of 2000. custodians and asset token trading platforms, in such manner as may authority.

Technology Act, 2000; be prescribed;

(h) “issuer” means any person, body corporate or special purpose vehicle registered under this Act, which creates, offers or

(b) specify eligibility conditions, disclosure standards, prudential norms and governance requirements; issues asset tokens and includes any person who solicits subscription thereto; (c) regulate issuance, trading, custody and settlement of asset tokens;

(i) “prescribed” means prescribed by rules made under this Act;

(d) protect the interests of token holders and ensure orderly

(j) “regulatory authority” means the authority or authorities development of the asset-token market; designated under section 5;

(e) call for information, reports or statements from any person

(k) “securities” shall have the meaning assigned to it in clause

(h) of section 2 of the Securities Contracts (Regulation) Act, 1956; 42 of 1956. or entity regulated under this Act, and to conduct inspections, inquiries and audits thereof;

(l) “token holder” means a person who holds, owns or has a

(f) issue directions, guidelines, circulars or advisories, beneficial interest in an asset token; consistent with the provisions of this Act and rules made thereunder,

(m) “tokenisation” means the process of converting rights or as may be necessary for effective implementation of this Act; and interests in an asset into one or more asset tokens;

(g) perform such other functions, or regulate such other

(n) “trading platform” means any electronic system, facility or matters, as may be prescribed. arrangement, whether physical or virtual, which is registered with the

CHAPTER IV regulatory authority under this Act and which provides for the listing, trading, matching, execution or reporting of transactions in CO-ORDINATION AMONG REGULATORS asset tokens, and includes such ancillary services as may be specified by the regulatory authority; and

7. (1) Where the issuance or trading of asset tokens involves securities, the Inter- Securities and Exchange Board of India shall be the principal regulatory regulatory coordination.

(o) Words and expressions used but not defined in this Act but authority. defined in the Information Technology Act, 2000, the Securities and 21 of 2000.

15 of 1992. (2) Where asset tokens involve payment systems, stable value Exchange Board of India Act, 1992, the Securities Contracts 42 of 1956. arrangements or banking related activities, the Reserve Bank of India shall

(Regulation) Act, 1956, the Reserve Bank of India Act, 1934 , shall 2 of 1934. exercise regulatory oversight. have the meanings respectively assigned to them in those Acts.62 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(3) Where asset tokens relate to insurance, pension or any other sector, the respective statutory regulator shall exercise jurisdiction.

(4) The regulatory authorities shall consult and coordinate with one another to avoid regulatory overlap, gaps or inconsistency, and may issue joint directions or regulations where necessary.

Inter-regulatory 8. (1) The Central Government may, by notification in the Official coordination Gazette, constitute an Inter-regulatory Coordination Committee for committee. the purposes of this Act, having Chairperson and such number of Members and shall perform such functions, as may be prescribed.

(2) The terms and conditions of service, including term of appointment, salary, allowances¸ and other terms of employment of the Chairperson and Members of the Committee, shall be such as may be prescribed.

CHAPTER V ISSUANCE AND DISCLOSURE Conditions for 9. No issuer shall issue asset tokens unless— issuance of asset tokens. (a) the issuer has legal ownership, control or enforceable rights over the underlying asset;

(b) the underlying asset is appropriately valued and verified in such manner as may be prescribed;

(c) full, true and fair disclosures of the nature of underlying asset, the risks, rights and obligations, attached to the asset token, are made to potential investors or token holders;

(d) the issuance complies with the requirements relating to anti- money laundering, know-your-customer requirements and prevention of illicit activities and such other safeguards as may be prescribed.

Offering 10. Every issuer shall, prior to issuance of asset tokens, issue an offering document. document containing such particulars as may be specified by the regulatory authority.

CHAPTER VI TRADING, CUSTODY AND SETTLEMENT Regulation of 11. Asset tokens shall be traded only on platforms registered with the trading regulatory authority and in accordance with such conditions, as may be platforms.

specified.

Custody of 12. (1) The underlying assets and corresponding asset tokens shall be held assets and asset with a custodian registered under this Act, in such manner as may be tokens. prescribed.

(2) Every custodian shall maintain segregation of client assets, keep proper records and implement adequate technological and operational safeguards, in accordance with regulations made under this Act.

Settlement and 13. All transactions in asset tokens shall be recorded and settled in such record keeping. manner as may be specified, ensuring transparency, auditability and integrity of records.

CHAPTER VII INVESTOR PROTECTION AND RISK MANAGEMENT Measures for 14. The regulatory authority shall establish and maintain mechanisms for investor grievance redressal, transparency, and prevention of fraud, mis-selling and protection.

unfair trade practices, in such manner as may be prescribed.

Risk 15. Every issuer, custodian and trading platform shall maintain adequate management systems for cyber security, operational resilience and business continuity. and compliance.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 63

(3) Where asset tokens relate to insurance, pension or any other sector, the CHAPTER VIII respective statutory regulator shall exercise jurisdiction.

ADJUDICATION AND APPELLATE MECHANISM

(4) The regulatory authorities shall consult and coordinate with one

16. (1) For the purpose of adjudging penalties under this Act, the procedure Adjudication. another to avoid regulatory overlap, gaps or inconsistency, and may issue

laid down in the Schedule shall be followed: joint directions or regulations where necessary.

Provided that the Central Government may, by notification in the Inter-regulatory 8. (1) The Central Government may, by notification in the Official coordination Gazette, constitute an Inter-regulatory Coordination Committee for Official Gazette and for reasons to be recorded in writing, amend the committee. Schedule so as to modify the entries mentioned therein with effect from the purposes of this Act, having Chairperson and such number of such date as may be specified in the said notification.

Members and shall perform such functions, as may be prescribed.

(2) The terms and conditions of service, including term of (2) The adjudicating officer shall, while adjudging the quantum of penalty, appointment, salary, allowances¸ and other terms of employment of have due regard to the amount of disproportionate gain or unfair the Chairperson and Members of the Committee, shall be such as may advantage, made as a result of the default, the loss caused to investors as a be prescribed. result of the default and the repetitive nature of the default.

CHAPTER V 17. (1) The Securities Appellate Tribunal established under section 15K of the Appeal to 15 of 1992. Securities and Exchange Board of India Act, 1992, shall be the Appellate Appellate ISSUANCE AND DISCLOSURE Tribunal for the purposes of this Act and shall exercise the jurisdiction, Tribunal.

Conditions for 9. No issuer shall issue asset tokens unless— powers and authority, as may be prescribed. issuance of asset tokens. (a) the issuer has legal ownership, control or enforceable rights (2) Any person aggrieved by an order of the adjudicating officer or the over the underlying asset; regulatory authority under this Act, may prefer an appeal to the Appellate Tribunal.

(b) the underlying asset is appropriately valued and verified in such manner as may be prescribed; (3) The Appellate Tribunal shall hear and dispose of such appeal in accordance with the provisions of the Securities and Exchange Board of

(c) full, true and fair disclosures of the nature of underlying 15 of 1992. India Act, 1992, and the rules made thereunder, and shall have the same asset, the risks, rights and obligations, attached to the asset token, are powers in relation to appeals under this Act as it has in relation to appeals made to potential investors or token holders;

under that Act.

(d) the issuance complies with the requirements relating to anti-

(4) An appeal shall be filed within forty-five days from the date on which money laundering, know-your-customer requirements and prevention a copy of the order is received by the aggrieved person. of illicit activities and such other safeguards as may be prescribed.

Offering 10. Every issuer shall, prior to issuance of asset tokens, issue an offering CHAPTER IX document. document containing such particulars as may be specified by the regulatory authority. OFFENCES AND PENALTIES

18. (1) Whoever, directly or indirectly,— Offences.

CHAPTER VI

(a) issues or offers asset tokens without obtaining registration TRADING, CUSTODY AND SETTLEMENT or approval under this Act;

Regulation of 11. Asset tokens shall be traded only on platforms registered with the trading regulatory authority and in accordance with such conditions, as may be (b) furnishes false, misleading or incomplete information in platforms. any offering document;

specified.

Custody of 12. (1) The underlying assets and corresponding asset tokens shall be held (c) engages in fraudulent, manipulative, unfair or deceptive assets and asset with a custodian registered under this Act, in such manner as may be practices in relation to asset tokens; or tokens.

prescribed. (d) contravenes any direction, regulation or order issued by the regulatory authority under this Act,

(2) Every custodian shall maintain segregation of client assets, keep proper records and implement adequate technological and operational safeguards, shall be punishable with imprisonment for a term which may extend to ten in accordance with regulations made under this Act. years or with fine which may extend to rupees twenty-five crore or three Settlement and 13. All transactions in asset tokens shall be recorded and settled in such times the amount of gains made, whichever is higher, or with both.

record keeping. manner as may be specified, ensuring transparency, auditability and (2) Where an offence under this Act has been committed by a company, integrity of records. every person who, at the time the offence was committed, was in charge of and responsible to, the company for the conduct of its business, shall be

CHAPTER VII deemed to be guilty of the offence and liable to be proceeded against and INVESTOR PROTECTION AND RISK MANAGEMENT punished accordingly.

Measures for 14. The regulatory authority shall establish and maintain mechanisms for 19. (1) Without prejudice to any criminal liability that may be incurred under Civil penalties investor grievance redressal, transparency, and prevention of fraud, mis-selling and this Act or any other law for the time being in force, the regulatory and protection. enforcement.

unfair trade practices, in such manner as may be prescribed. authority may impose civil penalties, issue cease and desist orders, Risk 15. Every issuer, custodian and trading platform shall maintain adequate suspend or cancel registration, freeze assets or take such other measures, management as may be prescribed.

systems for cyber security, operational resilience and business continuity. and compliance.64 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(2) The provisions relating to search, seizure, attachment, investigation and adjudication under applicable financial laws may apply, mutatis mutandis, to proceedings under this Act.

CHAPTER X TRANSITIONAL AND SAVINGS PROVISIONS Transitional 20. (1) Any person or entity engaged in asset tokenisation, issuance, trading or provisions. custody immediately before the commencement of this Act shall, within such period as may be prescribed, comply with the provisions of this Act.

(2) During the transitional period, such activities may continue subject to such conditions and safeguards as may be specified by the regulatory authority.

Savings. 21. (1) Any asset tokenisation project, pilot or sandbox arrangement approved or permitted by any regulatory authority prior to the commencement of this Act shall be deemed to have been permitted under this Act, for such period and subject to such conditions as may be specified by the regulatory authority.

(2) The regulatory authority may require modification, migration or termination of such projects, pilots or sandbox arrangements where it considers such action necessary in the interest of investors¸ market integrity or financial stability.

CHAPTER XI MISCELLANEOUS Audit reports. 22. (1) Every issuer, custodian, trading platform or other entity registered under this Act shall prepare, at such intervals as may be prescribed, an audit report in respect of its operations relating to asset tokens.

(2) The audit report shall be prepared by an auditor duly qualified under law, and shall contain such particulars, disclosures and certifications as may be specified by the regulatory authority.

(3) A copy of every audit report shall be submitted to the regulatory authority within such time and in such manner as may be prescribed, and shall be made available to investors or token holders subject to such conditions as may be specified.

(4) Where the audit report discloses any material irregularity, fraud, mis-statement or non-compliance, the regulatory authority may take such measures as it considers necessary, including directing corrective action, imposing penalties or initiating proceedings under this Act.

Central 23. The Central Government shall, after due appropriation made by Government Parliament by law in this behalf, provide adequate funds, for carrying to provide out the purposes of this Act. funds.

Power to 24. (1) The Central Government may, by notification in the Official Gazette, make rules make rules for carrying out the provisions of this Act. and regulations. (2) The regulatory authority may, with the prior approval of the Central Government, make regulations consistent with this Act.

(3) Every rule or regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that anySec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 65

(2) The provisions relating to search, seizure, attachment, investigation such modification or annulment shall be without prejudice to the validity and adjudication under applicable financial laws may apply, mutatis of anything previously done under that rule.

mutandis, to proceedings under this Act.

25. No suit or legal proceeding shall lie against the Central Government, the Protection of regulatory authority or any officer thereof for anything done or intended to action taken in

CHAPTER X good faith. be done in good faith under this Act.

TRANSITIONAL AND SAVINGS PROVISIONS

26. The provisions of this Act shall have effect notwithstanding anything Act to have Transitional 20. (1) Any person or entity engaged in asset tokenisation, issuance, trading or inconsistent therewith contained in any other law for the time being in overriding provisions. custody immediately before the commencement of this Act shall, within force. effect.

such period as may be prescribed, comply with the provisions of this Act.

27. (1) If any difficulty arises in giving effect to the provisions of this Act, the Power to

(2) During the transitional period, such activities may continue subject to Central Government may, by order published in the Official Gazette, make remove difficulties. such conditions and safeguards as may be specified by the regulatory such provisions not inconsistent with the provisions of this Act as may authority. appear to it to be necessary or expedient for removing the difficulty.

Savings. 21. (1) Any asset tokenisation project, pilot or sandbox arrangement approved (2) Every order made under this section shall be laid, as soon as may be or permitted by any regulatory authority prior to the commencement of after it is made, before each House of Parliament.

this Act shall be deemed to have been permitted under this Act, for such period and subject to such conditions as may be specified by the regulatory authority.

(2) The regulatory authority may require modification, migration or termination of such projects, pilots or sandbox arrangements where it considers such action necessary in the interest of investors¸ market integrity or financial stability.

CHAPTER XI MISCELLANEOUS Audit reports. 22. (1) Every issuer, custodian, trading platform or other entity registered under this Act shall prepare, at such intervals as may be prescribed, an audit report in respect of its operations relating to asset tokens.

(2) The audit report shall be prepared by an auditor duly qualified under law, and shall contain such particulars, disclosures and certifications as may be specified by the regulatory authority.

(3) A copy of every audit report shall be submitted to the regulatory authority within such time and in such manner as may be prescribed, and shall be made available to investors or token holders subject to such conditions as may be specified.

(4) Where the audit report discloses any material irregularity, fraud, mis-statement or non-compliance, the regulatory authority may take such measures as it considers necessary, including directing corrective action, imposing penalties or initiating proceedings under this Act.

Central 23. The Central Government shall, after due appropriation made by Government Parliament by law in this behalf, provide adequate funds, for carrying to provide out the purposes of this Act. funds.

Power to 24. (1) The Central Government may, by notification in the Official Gazette, make rules make rules for carrying out the provisions of this Act. and regulations. (2) The regulatory authority may, with the prior approval of the Central Government, make regulations consistent with this Act.

(3) Every rule or regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any66 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— SCHEDULE [See section 16] PROCEDURE FOR ADJUDICATION

1. Appointment and jurisdiction of adjudicating officer.—

(a) The regulatory authority shall, by order, appoint one or more adjudicating officers for the purposes of this Act.

(b) An adjudicating officer shall exercise jurisdiction over such class of cases or such territorial area as may be specified in the order of appointment.

2. Initiation of adjudication proceedings.—

(a) Where the regulatory authority is satisfied that a person has committed a contravention of the provisions of this Act or the rules or regulations made thereunder, it may refer the matter to an adjudicating officer.

(b) The adjudicating officer shall issue a notice to the person concerned requiring him to show cause within such time as may be specified as to why an inquiry should not be held against him.

3. Opportunity of being heard.—

(a) The adjudicating officer shall give the person concerned a reasonable opportunity of being heard before passing any order.

(b) The person concerned may appear either in person or through an authorised representative, as may be prescribed.

4. Inquiry and powers of adjudicating officer.—

(a) The adjudicating officer may, for the purpose of inquiry, call for documents, records or information and may examine any person acquainted with the facts of the case.

(b) The adjudicating officer shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit in respect of summoning and enforcing attendance, discovery and production of documents.

5. While adjudging the quantum of penalty, the adjudicating officer shall have due regard to—

(a) the amount of disproportionate gain or unfair advantage made as a result of the contravention;

(b) the amount of loss caused to token holders or other persons;

(c) the repetitive nature of the default.

6. Order of adjudicating officer.—

(a) The adjudicating officer shall, after completion of inquiry, pass a reasoned order imposing penalty or otherwise.

(b) A copy of the order shall be communicated to the parties concerned.

7. Recovery of penalty.— If any person fails to pay the penalty imposed, the same shall be recoverable as arrears of land revenue or in such manner as may be prescribed.

8. Limitation.— No order imposing penalty shall be passed after the expiry of three years from the date on which the contravention is alleged to have been committed.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 67 SCHEDULE STATEMENT OF OBJECTS AND REASONS [See section 16] The Bill seeks to establish a comprehensive legal and regulatory framework PROCEDURE FOR ADJUDICATION for the issuance, trading, custody and supervision of tokenised real-world assets in the country.

1. Appointment and jurisdiction of adjudicating officer.— At present, Indian laws do not contain a dedicated statute addressing asset

(a) The regulatory authority shall, by order, appoint one or tokenisation. While certain activities may fall within existing securities, banking more adjudicating officers for the purposes of this Act.

or information technology laws, the absence of a clear legislative framework

(b) An adjudicating officer shall exercise jurisdiction over such regarding asset-tokenisation has resulted in regulatory uncertainty, fragmented class of cases or such territorial area as may be specified in the order oversight and constrained innovation.

of appointment.

The Bill proposes statutory recognition of asset tokens as digital

2. Initiation of adjudication proceedings.— representations of rights or interests in underlying assets, without altering the legal character of such assets unless expressly provided. It adopts a regulator led

(a) Where the regulatory authority is satisfied that a person has approach by designating existing financial sector regulators as authorities under committed a contravention of the provisions of this Act or the rules or regulations made thereunder, it may refer the matter to an the Act, with jurisdiction determined by the nature of the underlying asset.

adjudicating officer. The Bill lays down conditions for issuance, disclosure requirements,

(b) The adjudicating officer shall issue a notice to the person custody norms, regulated trading, and record keeping obligations. It incorporates concerned requiring him to show cause within such time as may be strong investor protection measures, risk management requirements and explicit specified as to why an inquiry should not be held against him. coordination mechanisms among regulators to prevent overlap or gaps in supervision.

3. Opportunity of being heard.— To ensure effective enforcement, the Bill provides for civil and criminal

(a) The adjudicating officer shall give the person concerned a penalties aligned with existing financial laws, appointment of adjudicating reasonable opportunity of being heard before passing any order.

officers, and appellate remedies before the Securities Appellate Tribunal.

(b) The person concerned may appear either in person or Transitional and savings provisions are also included in the Bill to allow existing through an authorised representative, as may be prescribed. pilot schemes and sandbox arrangements to migrate into the new framework in a regulated manner.

4. Inquiry and powers of adjudicating officer.— The proposed legislation is technology neutral, aligned with the Information

(a) The adjudicating officer may, for the purpose of inquiry, Technology Act, securities laws and banking laws, and is intended to promote call for documents, records or information and may examine any person acquainted with the facts of the case.

responsible innovation while safeguarding market integrity and financial stability.

Hence, this Bill.

(b) The adjudicating officer shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while RAGHAV CHADHA. trying a suit in respect of summoning and enforcing attendance, discovery and production of documents.

5. While adjudging the quantum of penalty, the adjudicating officer shall have due regard to—

(a) the amount of disproportionate gain or unfair advantage made as a result of the contravention;

(b) the amount of loss caused to token holders or other persons;

(c) the repetitive nature of the default.

6. Order of adjudicating officer.—

(a) The adjudicating officer shall, after completion of inquiry, pass a reasoned order imposing penalty or otherwise.

(b) A copy of the order shall be communicated to the parties concerned.

7. Recovery of penalty.— If any person fails to pay the penalty imposed, the same shall be recoverable as arrears of land revenue or in such manner as may be prescribed.

8. Limitation.— No order imposing penalty shall be passed after the expiry of three years from the date on which the contravention is alleged to have been committed.68 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— FINANCIAL MEMORANDUM Clause 8 of the Bill provides for constitution of an inter-regulatory coordination committee having Chairperson and such number of Members as may be prescribed as well as for their terms and conditions of service including salary and allowances. Clause 23 provides that Central Government shall, after due appropriation made by Parliament by law in this behalf, provide adequate funds, for carrying out the purposes of this Act.

Therefore, the Bill, if enacted, would involve expenditure both of recurring and non-recurring nature from the Consolidated Fund of India. However, it is not possible at this juncture to estimate the exact expenditure likely to be involved.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 69 FINANCIAL MEMORANDUM MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill provides for constitution of an inter-regulatory Clause 24 of the Bill empowers the Central Government to make rules for coordination committee having Chairperson and such number of Members as may carrying out the provisions of the Act and also empowers the regulatory authority, be prescribed as well as for their terms and conditions of service including salary with the prior approval of the Central Government, to make regulations consistent and allowances. Clause 23 provides that Central Government shall, after due with the Act. Clause 27 provides that the Central Government may make such appropriation made by Parliament by law in this behalf, provide adequate funds, provisions, by order, as may be necessary for removing any difficulty in giving for carrying out the purposes of this Act. effect to the provisions of this Bill.

Therefore, the Bill, if enacted, would involve expenditure both of recurring As the matters in respect of which the rules and regulations may be made and non-recurring nature from the Consolidated Fund of India. However, it is not relate to matters of detail only, the delegation of legislative power is of a normal possible at this juncture to estimate the exact expenditure likely to be involved. character.70 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— XI Bill No. XXXVII of 2026 A Bill to provide for protection to Indian diaspora and migrant workers who are in distress in a foreign country from crimes including recruitment fraud, organ trade and trafficking; and to ensure legal aid and welfare services to them; and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic

of India as follows:—

CHAPTER I PRELIMINARY

1. (1) This Act may be called the Indian Diaspora and Migrant Workers Short title and commencement. (Protection and Welfare) Act, 2026.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 71 Definitions. 2. In this Act, unless the context otherwise requires,—

(a) “appropriate Government” means the Central Government, in respect of matters relating to foreign affairs, consular assistance, international cooperation and national policy; and the State Government, in respect of rehabilitation, reintegration and domestic assistance upon return;

(b) “consular assistance” means any form of facilitative, protective or supportive assistance provided through Indian diplomatic or consular missions, including but not limited to–

(i) access to consular officials and communication with family members;

(ii) assistance in understanding local laws and procedure;

(iii) facilitation of legal representation through permissible local mechanisms;

(iv) assistance in obtaining or renewing travel and identity documents; and

(v) coordination with local authorities for welfare, safety, or due process.

Explanation.— The consular assistance under this Act shall be non- adjudicatory and non-punitive and shall not amount to interference with the sovereignty or legal systems of foreign States.

(c) “Commission” means the National Commission for Welfare of Indian Diaspora and Migrant Workers established under section 6 of this Act;

(d) “cyber fraud” includes online fraud, identity misuse, digital impersonation or misuse of electronic platforms;

(e) “distressed ” under this Act shall mean a Non–Resident Indian or migrant worker who requires protection, assistance or XI intervention by the appropriate Government due to —

(i) arrest, detention, imprisonment, or legal proceedings in a foreign country;

(ii) any act of violence;

Bill No. XXXVII of 2026

(iii) exploitation, abuse, abandonment or coercion, including labour or domestic exploitation;

A Bill to provide for protection to Indian diaspora and migrant workers (iv) cyber fraud or financial deception; who are in distress in a foreign country from crimes including

(v) medical emergency, disability, mental health crisis or recruitment fraud, organ trade and trafficking; and to ensure legal lack of access to healthcare; aid and welfare services to them; and for matters connected therewith or (vi) abandonment of women, children or elderly incidental thereto. dependents abroad;

BE it enacted by Parliament in the Seventy-seventh Year of the Republic (vii) humanitarian emergencies including war, conflict,

of India as follows:— epidemic, natural disaster or forced displacement; or

CHAPTER I

(viii) any other circumstance resulting in a serious threat to life, liberty, dignity or livelihood.

PRELIMINARY

(f) “family member” means the spouse, children, parents,

1. (1) This Act may be called the Indian Diaspora and Migrant Workers Short title and grandparents, siblings or any dependent relative of a Non-Resident commencement. (Protection and Welfare) Act, 2026. Indian or migrant worker;

(2) It shall come into force on such date as the Central Government may, (g) “Indian diaspora” means persons of Indian origin or affiliation residing outside India, and includes— by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. (i) Non-Resident Indians as defined under this Act;72 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(ii) Overseas Citizens of India (OCI), registered under the 57 of 1955. Citizenship Act, 1955; and

(iii) Persons of Indian Origin (PIO), being foreign citizens who trace their ancestry to India, and shall include such other categories of persons of Indian heritage or long-term association with India as may be recognised by the Central Government for the purposes of welfare, engagement and assistance.

Explanation. — The term “Indian diaspora” is used in this Act in a welfare-oriented and inclusive sense, and does not create citizenship rights, political rights or obligations under any other law for the time being in force.

(h) “legal aid” means facilitative support provided to a Non– Resident Indian or a migrant worker for accessing legal remedies, including—

(i) identification and referral to qualified legal practitioners abroad;

(ii) assistance with translation, interpretation and documentation;

(iii) support in understanding charges, proceedings or contractual obligations; and

(iv) financial assistance for legal representation, where

provided under schemes or funds established under this Act.

Explanation. — Legal aid under this Act does not create a right to representation under foreign law but ensures reasonable access and support, subject to the laws of the host country.

(i) "migrant worker” means a citizen of India who has migrated or intends to migrate to a foreign country for the purpose of employment, whether skilled, semi-skilled or unskilled, and includes

any person:

(i) recruited through a recruiting agent, digital platform, or intermediary;

(ii) who has emigrated on a tourist or visit visa but has been engaged in employment abroad;

(iii) who has entered into a foreign country, whether voluntarily or involuntarily, and is subsequently entrapped in human trafficking, commercial sexual exploitation, organ trade, drug trafficking syndicates, or other illicit activities resulting from coercion, deception, or exploitation by recruitment agents or intermediaries; and

(iv) who has been recruited for employment but has been denied such employment, wages, or contractual rights upon arrival in the host country;

(j) “Non-Resident Indian” means a person who is a citizen of India and who is ordinarily residing outside India for employment, business, education or any other lawful purpose;

(k) “prescribed” means prescribed by rules made under this Act;

(l) “public authority” means the Central Government, any State Government, any local authority, statutory body, public sector undertaking or any authority or body established by or under any law for the time being in force; andSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 73

(ii) Overseas Citizens of India (OCI), registered under the (m) “vulnerability” mean a condition or situation in which an 57 of 1955. Citizenship Act, 1955; and Indian diaspora or migrant worker is exposed to an increased risk of harm, exploitation, abuse, neglect or violation of rights due to social,

(iii) Persons of Indian Origin (PIO), being foreign citizens economic, legal, health-related or situational factors. who trace their ancestry to India,

CHAPTER II and shall include such other categories of persons of Indian heritage or long-term association with India as may be RIGHTS AND DUTIES recognised by the Central Government for the purposes of welfare, engagement and assistance. Rights of 3. (1) Every Indian diaspora and migrant worker shall – Indian

Explanation. — The term “Indian diaspora” is used in this Act diaspora and (a) have the right to access the protection, facilitation and in a welfare-oriented and inclusive sense, and does not create migrant assistance mechanisms established under this Act;

workers . citizenship rights, political rights or obligations under any other

(b) be entitled to receive accurate, timely and appropriate law for the time being in force. information, guidance and facilitative legal assistance from designated

(h) “legal aid” means facilitative support provided to a Non– authorities in matters covered under this Act;

Resident Indian or a migrant worker for accessing legal remedies,

(c) have the right to fair and non-discriminatory treatment, including— and no public authority shall subject any Indian diaspora and migrant

(i) identification and referral to qualified legal practitioners worker to arbitrary, discriminatory or unfair treatment in matters abroad; falling within the scope of this Act;

(ii) assistance with translation, interpretation and (d) be entitled to facilitation and assistance for the protection documentation; of their property, inheritance and other civil interests in India, in accordance with law;

(iii) support in understanding charges, proceedings or contractual obligations; and

(e) have the right to submit grievances and to receive

(iv) financial assistance for legal representation, where facilitation and follow-up through institutional mechanisms

provided under schemes or funds established under this Act. established under this Act; and

Explanation. — Legal aid under this Act does not create a (f) have any such other rights as may be prescribed. right to representation under foreign law but ensures reasonable

(2) Every migrant worker shall have the right to protection against the access and support, subject to the laws of the host country. confiscation of travel documents by employers or agents, and the right to

(i) "migrant worker” means a citizen of India who has state-funded repatriation in the event of employer’s insolvency or migrated or intends to migrate to a foreign country for the purpose of workplace abuse.

employment, whether skilled, semi-skilled or unskilled, and includes Duty of 4. The appropriate Government shall take such measures as may be necessary

any person: appropriate to ensure effective implementation of this Act, including policy Government.

(i) recruited through a recruiting agent, digital platform, coordination, oversight and resource allocation. or intermediary; Duty to 5. (1) The appropriate Government shall designate nodal officers for

(ii) who has emigrated on a tourist or visit visa but has designate coordination, facilitation and grievance follow-up under this Act. nodal officer. been engaged in employment abroad;

(2) The nodal officers so designated under this section shall discharge such

(iii) who has entered into a foreign country, whether functions as may be prescribed, and shall act in coordination with the voluntarily or involuntarily, and is subsequently entrapped in Commission established under section 6.

human trafficking, commercial sexual exploitation, organ trade,

CHAPTER III drug trafficking syndicates, or other illicit activities resulting from coercion, deception, or exploitation by recruitment agents NATIONAL COMMISSION FOR WELFARE OF INDIAN DIASPORA AND MIGRANT or intermediaries; and WORKERS

(iv) who has been recruited for employment but has been denied such employment, wages, or contractual rights upon Establishment 6. (1) The Central Government shall, by notification in the Official arrival in the host country; of National Gazette, establish a body to be known as the National Commission for Commission Welfare of Indian Diaspora and Migrant Workers to exercise the

(j) “Non-Resident Indian” means a person who is a citizen of for Welfare of powers conferred on, and to perform the functions assigned to it under India and who is ordinarily residing outside India for employment, Indian Diaspora and this Act.

business, education or any other lawful purpose;

Migrant Workers. (2) The Commission shall be a body corporate by the name aforesaid,

(k) “prescribed” means prescribed by rules made under this Act; having perpetual succession and a common seal, with power, subject

(l) “public authority” means the Central Government, any State to the provisions of this Act, to acquire, hold and dispose of property, Government, any local authority, statutory body, public sector both movable and immovable, and to contract, and shall, by the said undertaking or any authority or body established by or under any law name, sue or be sued.

for the time being in force; and74 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(3) The Commission shall be an advisory and facilitative body, entrusted with the protection, welfare and assistance to Indian diaspora and migrant workers.

(4) The head office of the Commission shall be at New Delhi and the Commission may, in consultation with the Central Government, establish office(s) at such other place(s) in the country, as it may deem fit, for carrying out the purposes of this Act.

(5) The Commission shall have to power to regulate its own procedure.

7. (1) The Commission shall consist of the following Members to be Composition appointed by the Central Government on full time basis, in such of Commission. manner as may be prescribed, namely,—

(a) a Chairperson, who shall be a person of eminence having not less than fifteen years’ experience in the fields of international diplomacy, international law, migration governance, consular affairs, or public administration, and who possesses demonstratable expertise in policy formulation and institutional coordination;

(b) four Members, to be appointed from amongst persons of ability, integrity and standing, having collective expertise in, one or more of following fields, such as—

(i) labour welfare and migrant protection;

(ii) cyber safety and financial fraud affecting NRIs;

(iii) international cooperation and consular coordination;

(iv) legal aid, rehabilitation and social reintegration; and

(c) a Member-Secretary, who shall be an officer not below the rank of Joint Secretary to the Government of India, possessing appropriate experience and knowledge in international affairs;

8. (1) The Chairperson and Members of the Commission shall hold office for Term of office such period as may be prescribed by the Central Government in this behalf. and conditions of service of

(2) The salaries and allowances payable to, and other terms and the Members and staff of the conditions of service of, the Chairperson and Members shall be such as Commission. may be prescribed by rules made under this Act and shall not be varied to their disadvantage during their tenure.

Provided that until such rules are made in this behalf, they shall be entitled to such remuneration and benefits as are admissible to persons holding equivalent post in the Central Government.

(3) The Central Government may remove a person from the office of the Chairperson or a member, as the case may be, only on ground of proved misbehaviour and incapacity.

(4) The Central Government may appoint such number of officers and staff including experts to the Commission as may be required for its efficient functioning.

(5) The salaries and allowances payable to, and other terms and conditions of service of the officers, staff and experts of the Commission shall be such as may be prescribed.

9. No act or proceeding of the Commission shall be invalid or be questioned Vacancies etc. merely on the ground of existence of any vacancy in or any defect in the not to constitution of the Commission or any defect in the nomination of a person invalidate the proceedings of as Chairperson or member of the Commission or any irregularity in the the procedure of the Commission not affecting the merits of the case.

Commission.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 75

(3) The Commission shall be an advisory and facilitative body, Functions of 10. (1) The Commission shall perform all or any of the following functions, entrusted with the protection, welfare and assistance to Indian the namely— Commission.

diaspora and migrant workers.

(a) advise the Central and State Governments on policies and

(4) The head office of the Commission shall be at New Delhi and the measures relating to the protection and engagement of Indian diaspora Commission may, in consultation with the Central Government, and migrant workers;

establish office(s) at such other place(s) in the country, as it may deem

(b) coordinate with Indian embassies, high commissions and fit, for carrying out the purposes of this Act. consulates to ensure timely assistance to Indian diaspora and migrant

(5) The Commission shall have to power to regulate its own procedure. workers;

7. (1) The Commission shall consist of the following Members to be Composition (c) examine systemic issues affecting the Indian diaspora and appointed by the Central Government on full time basis, in such of migrant workers and submit recommendations to the appropriate Commission.

manner as may be prescribed, namely,— Government;

(a) a Chairperson, who shall be a person of eminence having (d) call for information or reports from public authorities for the not less than fifteen years’ experience in the fields of international purposes of this Act;

diplomacy, international law, migration governance, consular

(e) engage experts, academic institutions, civil society affairs, or public administration, and who possesses organisations and recognized diaspora bodies for carrying out its demonstratable expertise in policy formulation and institutional functions;

coordination;

(f) undertake emergency coordination in cases of sudden

(b) four Members, to be appointed from amongst persons of vulnerability, medical emergencies, abandonment or humanitarian ability, integrity and standing, having collective expertise in, one crises involving Indian diaspora and migrant workers;

or more of following fields, such as—

(g) monitor the activities of recruitment agents and agencies,

(i) labour welfare and migrant protection; maintain a blacklist of foreign employers and agents involved in fraud

(ii) cyber safety and financial fraud affecting NRIs; against migrant workers and recommend prosecution of such agents to the Central Government;

(iii) international cooperation and consular coordination;

(h) provide advisory support to Indian diaspora and migrant

(iv) legal aid, rehabilitation and social reintegration; and workers regarding local legal procedures, consular processes, and

(c) a Member-Secretary, who shall be an officer not below available consular assistance mechanisms; the rank of Joint Secretary to the Government of India,

(i) collect, maintain and analyze anonymized data relating to possessing appropriate experience and knowledge in grievances, vulnerabilities and assistance provided to Indian diaspora international affairs;

and migrant workers which shall be strictly used for research, policy

8. (1) The Chairperson and Members of the Commission shall hold office for Term of office formulation, and systemic improvement; such period as may be prescribed by the Central Government in this behalf. and conditions of service of (j) conduct training and capacity-building programs for

(2) The salaries and allowances payable to, and other terms and the Members officials dealing with Indian diaspora and migrant workers, and staff of the conditions of service of, the Chairperson and Members shall be such as including cultural sensitivity, crisis response, and coordination Commission.

may be prescribed by rules made under this Act and shall not be varied with foreign authorities; to their disadvantage during their tenure.

(k) co-ordinate with the appropriate Government for state-

Provided that until such rules are made in this behalf, they shall be funded repatriation of distressed migrant worker, in the event of entitled to such remuneration and benefits as are admissible to persons employer’s insolvency or workplace abuse;

holding equivalent post in the Central Government.

(l) assist the State Government to rehabilitate and

(3) The Central Government may remove a person from the office of the reintegrate the aggrieved persons upon their return; and Chairperson or a member, as the case may be, only on ground of proved

(m) perform any such other function as may be prescribed. misbehaviour and incapacity.

(2) The Commission shall function without prejudice to the sovereignty of

(4) The Central Government may appoint such number of officers and foreign States, and shall not exercise criminal, prosecutorial or punitive staff including experts to the Commission as may be required for its jurisdiction.

efficient functioning.

Powers of the 11. (1) For the purposes of this Act, the Commission may—

(5) The salaries and allowances payable to, and other terms and Commission. conditions of service of the officers, staff and experts of the Commission (a) call for information from Ministries, Departments of the shall be such as may be prescribed. Central Government or any State Government or Indian missions abroad;

9. No act or proceeding of the Commission shall be invalid or be questioned Vacancies etc. merely on the ground of existence of any vacancy in or any defect in the not to (b) seek explanations or status reports from concerned constitution of the Commission or any defect in the nomination of a person invalidate the authorities;

proceedings of as Chairperson or member of the Commission or any irregularity in the the procedure of the Commission not affecting the merits of the case.

Commission.76 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(c) upon prima facie evidence of financial fraud, recommend to the Competent Authority, issuance of a Look Out Circular or impounding of passports;

(d) conduct hearings, inquiries or consultations, in person or through electronic means;

(e) exercise any other powers as may be necessary to give effect to the provisions of this Act.

(2) The Commission shall, while inquiring into any matter referred to it under this Act, have the powers of a civil court under the Code of Civil 5 of 1908. Procedure, 1908, for the limited purpose of inquiry, including summoning information and examining records and any other matter which may be prescribed.

(3) All powers conferred on Commission under this section shall be recommendatory and facilitative in nature.

CHAPTER IV GRIEVANCE REDRESSAL AND FACILITATION MECHANISM

12. (1) Any distressed Non-Resident Indian, migrant worker or an authorised Filing of family member or representative, may file a grievance before the grievances.

Commission.

(2) A grievance under sub-section (1) may be filed—

(a) in physical form; or

(b) electronically through a designated portal or helpline; or

(c) through an Indian diplomatic or consular mission abroad.

(3) No grievance shall be rejected on the ground of technical deficiency, limitation, language or format;

(4) The Commission shall provide necessary assistance for translation, documentation and clarification to the aggrieved, wherever required.

13. Every grievance received under section 12, shall be subject to a Preliminary preliminary examination for the limited purposes of— examination.

(a) identifying the nature of assistance required;

(b) determining the appropriate authority or forum; and

(c) assessing urgency.

Provided that preliminary examination shall not involve adjudication of rights or liabilities, and where immediate assistance is required, interim facilitative measures may be initiated without awaiting completion of preliminary examination.

14. (1) The Commission shall monitor the progress of grievances referred to it Follow-up under this Act in such manner as may be prescribed. monitoring mechanism.

(2) The periodic status updates of the grievance shall be communicated to

the complainant through electronic or other appropriate means:

Provided that monitoring shall be facilitative in nature and shall not interfere with the autonomy of the authority or forum concerned.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 77

(c) upon prima facie evidence of financial fraud, recommend to Time-bound 15. Every grievance shall be processed and followed up within reasonable the Competent Authority, issuance of a Look Out Circular or facilitation. time limits, which shall be prescribed having regard to— impounding of passports;

(a) the nature of the grievance;

(d) conduct hearings, inquiries or consultations, in person or

(b) urgency; and through electronic means;

(c) vulnerability of the complainant:

(e) exercise any other powers as may be necessary to give effect to the provisions of this Act. Provided that failure to adhere to prescribed timelines shall be recorded by the Commission and reported for administrative review.

(2) The Commission shall, while inquiring into any matter referred to it under this Act, have the powers of a civil court under the Code of Civil

CHAPTER V 5 of 1908. Procedure, 1908, for the limited purpose of inquiry, including summoning information and examining records and any other matter which may be PROCEDURAL FACILITATION AND SAFEGUARDS prescribed.

Video 16. The Commission shall, for the purposes of this Act, wherever feasible,

(3) All powers conferred on Commission under this section shall be conferencing facilitate participation of Indian diaspora and migrant workers or their and digital recommendatory and facilitative in nature. family member or a representative either through physical presence or participation.

through video conferencing, secure digital platforms or hybrid modes of

CHAPTER IV

participation:

GRIEVANCE REDRESSAL AND FACILITATION MECHANISM

Provided that absence of physical presence shall not be treated

12. (1) Any distressed Non-Resident Indian, migrant worker or an authorised Filing of as non-cooperation or default. family member or representative, may file a grievance before the grievances.

Assistance in 17. The Commission may, wherever necessary, provide assistance in effecting Commission. service of service of notices, summons or documents in matters involving Indian notices.

(2) A grievance under sub-section (1) may be filed— diaspora and migrant workers:

(a) in physical form; or Provided that such assistance shall be facilitative and shall not substitute the procedures prescribed under applicable law.

(b) electronically through a designated portal or helpline; or Coordination 18. The Commission may, if required, coordinate with courts, tribunals or any

(c) through an Indian diplomatic or consular mission abroad. in civil other forums to facilitate participation of Indian diaspora and migrant disputes.

(3) No grievance shall be rejected on the ground of technical deficiency, workers in disputes: limitation, language or format;

Provided that such coordination shall be limited to procedural

(4) The Commission shall provide necessary assistance for translation, facilitation and shall not extend to, or interfere with, the adjudication documentation and clarification to the aggrieved, wherever required. of rights or liabilities of the concerned forum.

13. Every grievance received under section 12, shall be subject to a Preliminary Safeguards 19. (1) No facilitative action under this Act shall result in arrest, detention, preliminary examination for the limited purposes of— examination. against attachment of property, or any other coercive measure, except in accordance unnecessary with existing law.

coercive

(a) identifying the nature of assistance required; action.

(2) The Commission shall ensure that all actions taken under this Act adhere

(b) determining the appropriate authority or forum; and to the principles of proportionality, necessity and fairness.

(c) assessing urgency.

CHAPTER VI

Provided that preliminary examination shall not involve WELFARE AND AWARENESS MEASURES FOR THE INDIAN DIASPORA adjudication of rights or liabilities, and where immediate assistance is required, interim facilitative measures may be initiated without Diaspora 20. (1) The Commission, may undertake confidence-building, outreach and awaiting completion of preliminary examination. engagement engagement measures with the Indian diaspora and migrant workers, with measures.

14. (1) The Commission shall monitor the progress of grievances referred to it Follow-up a view to— under this Act in such manner as may be prescribed. monitoring mechanism. (a) enhancing awareness of assistance, grievance-redressal and

(2) The periodic status updates of the grievance shall be communicated to welfare mechanisms available under this Act and other prevailing laws

the complainant through electronic or other appropriate means: or policies for the time being in force;

Provided that monitoring shall be facilitative in nature and (b) promoting cooperation, trust and communication between shall not interfere with the autonomy of the authority or forum the Indian diaspora and Indian institutions; and concerned.

(c) strengthening community-based support networks, including associations, welfare bodies and cultural organisations abroad.

(2) The measures under this section may include—

(a) dissemination of information through digital platforms, Missions and community outreach;78 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(b) facilitation of dialogue with diaspora organisations;

(c) organisation of awareness programmes, workshops or helplines;

(d) collaboration with recognised diaspora groups for welfare and emergency support; and

(e) any other activity as may be prescribed.

21. (1) Every Indian Embassy, High Commission or Consulate shall designate Nodal officer a nodal officer for the purpose of this Act, who shall be responsible for— in Indian Embassies,

(a) acting as a single-point contact for welfare-related queries High Commissions and assistance; or Consulates.

(b) coordinating with concerned authorities or forums regarding diaspora-related grievances and facilitation requests;

(c) disseminating information regarding available assistance mechanisms;

(d) any other function as may be prescribed.

(2) The nodal officer, designated under sub-section (1), shall function under the overall supervision of the Head of Mission and in coordination with authorities designated under this Act.

(3) The designation of a nodal officer under this section shall be administrative in nature and shall not confer upon him any adjudicatory or enforcement powers.

CHAPTER VII REPORTING AND PARLIAMENTARY OVERSIGHT

22. (1) The Commission shall prepare, in such form and at such time, for each Annual financial year, as may be prescribed, its annual report, giving a full account Report. of its activities during the previous financial year and forward a copy thereof to the Central Government.

(2) The annual report, such prepared, shall provide a comprehensive account of its activities including but not limited to the following—

(a) the number and nature of grievances received;

(b) the categories of assistance and facilitation provided;

(c) timelines for disposal and follow-up;

(d) coordination undertaken with State Governments, Indian missions and other authorities;

(e) systemic issues, recurring patterns and structural gaps identified;

(f) outcomes of policy advisories and recommendations issued under this Act;

(g) data on the number of unregistered recruitment agents identified, blacklisted, or prosecuted; — statistics on migrant workers repatriated from distress situations, including victims of trafficking and employment fraud;

(h) challenges faced in implementation and capacity constraints; and

(i) recommendations, suggestions and advise as rendered to the Central Government or any State Government.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 79

(b) facilitation of dialogue with diaspora organisations; (3) The annual report shall include disaggregated and anonymised data, to the extent feasible, to assist evidence-based policy formulation.

(c) organisation of awareness programmes, workshops or helplines; Accounts and 23. (1) The Commission shall maintain proper accounts and other relevant audit. records and prepare an annual statement of accounts in such form as may be

(d) collaboration with recognised diaspora groups for welfare prescribed by the Central Government in consultation with the Comptroller and emergency support; and and Auditor-General of India.

(e) any other activity as may be prescribed.

(2) The accounts of the Commission shall be audited by the Comptroller and

21. (1) Every Indian Embassy, High Commission or Consulate shall designate Nodal officer Auditor-General at such intervals as may be specified by him and any a nodal officer for the purpose of this Act, who shall be responsible for— in Indian expenditure incurred in connection with such audit shall be payable by the Embassies, Commission to the Comptroller and Auditor-General.

(a) acting as a single-point contact for welfare-related queries High Commissions and assistance; (3) The Comptroller and Auditor-General and any person appointed by him or Consulates. in connection with the audit of the accounts of the Commission under this

(b) coordinating with concerned authorities or forums regarding Act shall have the same rights and privileges and the authority in connection diaspora-related grievances and facilitation requests; with such audit as the Comptroller and Auditor-General generally has in

(c) disseminating information regarding available assistance connection with the audit of Government accounts and, in particular, shall mechanisms; have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices

(d) any other function as may be prescribed. of the Commission.

(2) The nodal officer, designated under sub-section (1), shall function under

(4) The accounts of the Commission, as certified by the Comptroller and the overall supervision of the Head of Mission and in coordination with Auditor-General or any other person appointed by him in this behalf, authorities designated under this Act.

together with the audit report thereon shall be forwarded annually to the

(3) The designation of a nodal officer under this section shall be Central Government by the Commission. administrative in nature and shall not confer upon him any adjudicatory or Annual 24. The Central Government shall cause the annual report prepared under enforcement powers. Report and section 22 of this Act, together with a memorandum of action taken on the audit report to recommendations contained therein, in so far as they related to the Central

CHAPTER VII be laid before Parliament. Government, and the reasons for the non-acceptance, if any, of any such REPORTING AND PARLIAMENTARY OVERSIGHT recommendations and the audit report to be laid as soon as may be after the reports are received, before each House of Parliament.

22. (1) The Commission shall prepare, in such form and at such time, for each Annual financial year, as may be prescribed, its annual report, giving a full account Report. Transparency 25. (1) The annual report prepared under section 22, and such other summaries and public as may be prescribed, shall be made publicly accessible, including through of its activities during the previous financial year and forward a copy thereof access.

digital platforms. to the Central Government.

(2) The information to be made publicly accessible under sub-section (1),

(2) The annual report, such prepared, shall provide a comprehensive account shall be withheld or redacted only where disclosure— of its activities including but not limited to the following—

(a) compromises the privacy or safety of individuals;

(a) the number and nature of grievances received;

(b) affects diplomatic or consular relations; or

(b) the categories of assistance and facilitation provided;

(c) is otherwise restricted under applicable law.

(c) timelines for disposal and follow-up;

CHAPTER VIII

(d) coordination undertaken with State Governments, Indian missions and other authorities; MISCELLANEOUS

(e) systemic issues, recurring patterns and structural gaps Central 26. The Central Government may, after due appropriation made by identified; Government Parliament by law in this behalf, provide adequate funds to the to provide Commission for carrying out the purposes of this Act.

(f) outcomes of policy advisories and recommendations issued funds. under this Act; Act not in 27. (1) The provisions of this Act shall be in addition to, and not in derogation derogation of of the provisions of any other law for the time being in force and, in case of

(g) data on the number of unregistered recruitment agents any other law. any inconsistency, the provisions of this Act shall have over riding effect on identified, blacklisted, or prosecuted; — statistics on migrant workers the provisions of any such law to the extent of inconsistency.

repatriated from distress situations, including victims of trafficking and employment fraud; (2) Nothing contained in this Act shall be construed as limiting the jurisdiction of any court or authority under existing law, or restricting the

(h) challenges faced in implementation and capacity constraints; right of any person to seek remedies under any other statute or constitutional and provision.

(i) recommendations, suggestions and advise as rendered to the Central Government or any State Government. Protection of 28. No suit, prosecution or other legal proceeding shall lie against the Central action taken Government, the Commission or any officer or employee of the in good faith.80 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Commission, for anything which is done or intended to be done in good faith in pursuance of provisions of this Act.

29. (1) The Central Government may, by notification in the Official Gazette, Power to make rules for carrying out the provisions of this Act. make rules.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely—

(a) procedures for filing of grievances, their examination and referral to the authority concerned;

(b) timelines and monitoring mechanisms for grievances;

(c) coordination protocols with State Governments and Indian missions abroad;

(d) management of data, maintenance of its confidentiality and reporting standards;

(e) qualifications, training and capacity-building of officials; and

(f) any other matter required to be prescribed under this Act.

30. Every rule made under this Act shall be laid, as soon as may be after it is Rules to be laid made, before each House of Parliament, while it is in session, for a total before Parliament. 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.

31. (1) If any difficulty arises in giving effect to the provisions of this Act, the Power to Central Government may, by order published in the Official Gazette, make remove difficulties. such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty.

Provided that no such order under this section, shall be issued after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be made after it is made, be laid before Parliament.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 81 Commission, for anything which is done or intended to be done in good faith STATEMENT OF OBJECTS AND REASONS in pursuance of provisions of this Act.

The Indian Diaspora, comprises of Non-Resident Indians (NRIs), Overseas

29. (1) The Central Government may, by notification in the Official Gazette, Power to Citizens of India (OCIs), and Persons of Indian Origin (PIOs). NRIs are defined make rules for carrying out the provisions of this Act. make rules. as Indian citizens ordinarily residing abroad for employment, business, education, or other purposes; OCIs as foreign citizens of Indian origin registered under the

(2) Without prejudice to the generality of the foregoing power, such rules Citizenship Act, 1955; and PIOs as foreign citizens tracing ancestry to India. These may provide for all or any of the following matters, namely— groups, numbering over 30 million globally, contribute immensely to India's

(a) procedures for filing of grievances, their examination and economy via remittances exceeding $100 billion annually but face severe referral to the authority concerned; vulnerabilities abroad and domestically.

(b) timelines and monitoring mechanisms for grievances; They encounter distress including arrest/detention/legal proceedings abroad, violence, exploitation/abuse/abandonment e.g., labour/domestic coercion,

(c) coordination protocols with State Governments and Indian abandonment of women/children/elderly; cyber fraud/financial deception/identity missions abroad; misuse, medical emergencies/disability and humanitarian emergencies viz., war,

(d) management of data, maintenance of its confidentiality and conflict, epidemics, disasters; economic/contractual disputes, property or reporting standards; succession issues in India, and harassment in physical, verbal, psychological, economic or digital forms. Their family members in India often suffer unattended

(e) qualifications, training and capacity-building of officials; and grievances, lacking coordinated governmental support, leading to threats to life,

(f) any other matter required to be prescribed under this Act. liberty, dignity, and livelihood. A large section of migrant workers, particularly low skilled, face severed vulnerabilities.

30. Every rule made under this Act shall be laid, as soon as may be after it is Rules to be laid made, before each House of Parliament, while it is in session, for a total before Recent years have witnessed a disturbing rise in cases of recruitment fraud, Parliament.

period of thirty days which may be comprised in one session or in two or where Indian citizens are lured abroad by illegal agents with false promises of more successive sessions, and if, before the expiry of the session employment or education, only to be trapped in debt bondage, illegal residency, or immediately following the session or the successive sessions aforesaid, the flesh trade. Existing legal frameworks often focus on the emigration clearance both Houses agree in making any modification in the rule or both Houses process but lack a comprehensive mechanism to protect citizens after they have agree that the rule should not be made, the rule shall thereafter have effect left Indian shores, especially those who fall out of the legal status net due to fraud only in such modified form or be of no effect, as the case may be; so or coercion.

however, that any such modification or annulment shall be without Article 21 of the Constitution guarantees the right to life and dignity, a prejudice to the validity of anything previously done under that rule.

protection that extends to Indian citizens even when they are abroad. There is an urgent need to transition from a purely "welfare-based" approach to a "rights-

31. (1) If any difficulty arises in giving effect to the provisions of this Act, the Power to based" framework that holds the State accountable for the protection of its Central Government may, by order published in the Official Gazette, make remove difficulties. nationals.

such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty. This Bill seeks to address these challenges by: (a) Extending statutory protection not just to NRIs, but explicitly to migrant workers and those rendered

Provided that no such order under this section, shall be issued irregular due to agent fraud; (b) Establishing a statutory National Commission with after the expiry of a period of two years from the date of powers to monitor grievances, blacklist fraudulent agents, and coordinate rescues;

commencement of this Act. and (c) Ensuring that victims of trafficking and fraud are treated with dignity and

(2) Every order made under this section shall, as soon as may be made after provided state-funded repatriation rather than being penalized. it is made, be laid before Parliament.

This Bill brings a robust framework - statutory rights/entitlements for NRIs/Indian Diaspora; duties on Central/State Governments, districts/police, missions abroad, and NRI nodal officers; establishment of National Commission for Welfare of NRIs with composition, functions (grievance oversight/monitoring), and powers; time-bound grievance redressal with procedural safeguards (video conferencing, notice service, civil/family coordination, anti-coercion); welfare/awareness/engagement measures;

emergency/property/family assistance; annual Parliamentary reporting/transparency; rule-making with oversight; and complementarity to existing laws. It ensures consular assistance (non-interfering), legal aid facilitation, and protection in good faith, fostering trust and engagement.

Hence, this Bill.

ASHOK KUMAR MITTAL.82 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— FINANCIAL MEMORANDUM Clause 6 of the Bill provides for the establishment of the National Commission for Welfare of Indian Diaspora and Migrant Workers. Clause 7 provides for appointment of Chairperson and Members of the Commission and Clause 8 provides for term of office and conditions of service of Chairperson, Members, officers and staff of the Commission including salaries and allowances or remuneration payable to them. Clause 10 provides for conduct of training and capacity-building programs for officials dealing with Indian diaspora and migrant workers along with state-funded repatriation. Clause 26 provides for Central Government to provide funds to the Commission for carrying out the purposes of this Act.

It is estimated that the Bill, if enacted, will involve a non-recurring expenditure of approximately rupees ten crore for the establishment of the Commission’s infrastructure. The recurring expenditure from the Consolidated Fund of India is estimated to be approximately rupees fifty crore per annum.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 83 FINANCIAL MEMORANDUM MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 6 of the Bill provides for the establishment of the National Clause 29 of the Bill empowers the Central Government to make rules for Commission for Welfare of Indian Diaspora and Migrant Workers. Clause 7 carrying out the provisions of this Act. Clause 31 empowers the Central provides for appointment of Chairperson and Members of the Commission and Government to make provisions through an order to remove any difficulties likely Clause 8 provides for term of office and conditions of service of Chairperson, to arise in giving effect to the provisions of the Bill, after its enactment.

Members, officers and staff of the Commission including salaries and allowances As the rules and order(s) will relate to matters of procedure and or remuneration payable to them. Clause 10 provides for conduct of training and administrative detail only, the delegation of legislative power is of a normal capacity-building programs for officials dealing with Indian diaspora and migrant character.

workers along with state-funded repatriation. Clause 26 provides for Central Government to provide funds to the Commission for carrying out the purposes of this Act.

It is estimated that the Bill, if enacted, will involve a non-recurring expenditure of approximately rupees ten crore for the establishment of the Commission’s infrastructure. The recurring expenditure from the Consolidated Fund of India is estimated to be approximately rupees fifty crore per annum.84 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— XII Bill No. XXXI of 2026 A Bill to provide for measures to address the pervasive issues of racial discrimination and racial harassment in the country, to uphold the constitutional guarantees of equality enshrined in the Constitution and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic of

India as follows:—

CHAPTER I PRELIMINARY

1. (1) This Act may be called the Anti-Racism and Equality Act, 2026. Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 85 Definitions. 2. In this Act, unless the context otherwise requires,—

(a) “accused” means a person against whom an allegation of committing an offence under this Act has been made or who is named in such a complaint, or against whom a charge sheet for such an offence has been filed in a court and being proceeded against in accordance with law;

(b) “appropriate Government” means in the case of a State, the Government of that State and in other cases, the Central Government;

(c) “establishment” means any Government or private entity, including any authority, institution, organisation, body corporate, association of persons, statutory body, or any other public or private body, whether incorporated or unincorporated;

(d) “prescribed” means prescribed by rules made under this Act;

(e) “public servant” shall have the meaning assigned to it under the Bharatiya Nyaya Sanhita, 2023; 45 of 2023.

(f) “race” includes race, colour, ethnicity, nationality, descent, caste, tribe, language, accent, regional, cultural or ethnic identity, or any analogous or perceived characteristic, whether real or imputed;

(g) “racial discrimination” means any distinction, exclusion, restriction, preference, omission or adverse treatment based on race which has the purpose or effect of—

(i) impairing or nullifying equality before law as guaranteed under the Constitution of India or provided under any other law for the time being in force;

(ii) denying or limiting access to rights, opportunities, benefits or services;

(iii) undermining dignity, autonomy or equal participation in social, economic or public life; or

(iv) creating structural or institutional disadvantage, irrespective of whether such discrimination is intentional, explicit or overt.

XII Explanation. — For the purposes of this Act,

(a) Any discrimination based on perception, association or assumed racial identity shall be deemed to be discrimination on the ground of race.

(b) Discrimination may arise from acts, Bill No. XXXI of 2026 omissions, policies, practices, rules, customs, speech, institutional arrangements or in any other manner or form that might, in any manner put any person in a A Bill to provide for measures to address the pervasive issues of racial position of disadvantage;

discrimination and racial harassment in the country, to uphold the constitutional

(h) “racial harassment” means an act committed by any person guarantees of equality enshrined in the Constitution and either on his own or as a part of group of persons that puts any other for matters connected therewith or person in a position of disadvantage, based on the ground of race, incidental thereto.

ethnicity, color, ancestry, or origin, namely — BE it enacted by Parliament in the Seventy-seventh Year of the Republic of

(i) physical contact, gestures or conduct which is unwelcome

India as follows:— and intended to intimidate, humiliate or demean a person on account of race; or

CHAPTER I

(ii) verbal or written remarks, slurs, taunts, stereotypes or PRELIMINARY expressions which are racially derogatory, demeaning or hostile;

1. (1) This Act may be called the Anti-Racism and Equality Act, 2026. Short title and or commencement.

(2) It shall come into force on such date as the Central Government may, by (iii) display, circulation or communication of racially

notification in the Official Gazette, appoint, and different dates may be offensive symbols, images, caricatures, content or material against appointed for different provisions of this Act. the will of the affected person; or86 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(iv) any other conduct, whether verbal, non-verbal or physical, which has the purpose or effect of violating the dignity of a person or creating an intimidating, hostile, degrading, humiliating or offensive environment on racial grounds;

(i) “racially motivated” means an act or omission committed wholly or partly on the ground of race, whether or not such ground is the sole, primary or dominant motivation; and

(j) “victim” means any person who has suffered physical, mental, emotional, psychological, social or economic harm, or dignitary injury, as a result of an offence under this Act, and includes the guardian or legal heir where applicable.

CHAPTER II OFFENCES OF RACIAL DISCRIMINATION AND RACIAL HARASSMENT

3. No person or an establishment shall commit, engage in, promote, facilitate, Prohibition of racial abet, condone, or permit racial discrimination or racial harassment against discrimination any person. and racial harassment.

4. (1) Whoever commits the offence of racial discrimination shall be Punishment. punishable with imprisonment for a term which may extend to three years, or with fine or both.

(2) Whoever commits the offence of racial harassment shall be punishable with imprisonment for a term which may extend to two years, or with fine or both.

(3) Where the offence under committed by any person under sub-section (1) or sub-section (2) results in any form of —

(a) serious bodily injury or severe psychological trauma; or

(b) social boycott, forced displacement or loss of livelihood; or

(c) any other harm, including, physical or psychological or social or reputational harm, to the victim, such person shall be punishable with imprisonment of at least three years which may extend to seven years, and with fine.

(4) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha 46 of 2023. Sanhita, 2023, every offence punishable under this Act shall be cognizable and non-bailable.

(5) No police officer below the rank of Deputy Superintendent of Police shall investigate any offence punishable under this Act.

5. (1) Where an offence under this Act has been committed by an Offence by establishment, every person who at the time the offence was committed, establishments. was in charge of and was responsible to the establishment for the conduct of the affairs of the establishment, as well as the establishment shall be deemed to be guilty of the offence and shall be liable to be proceeded against and

punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by an establishment and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the establishment, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 87

(iv) any other conduct, whether verbal, non-verbal or Punishment for 6. Whoever, being a public servant, wilfully neglects or fails to perform any physical, which has the purpose or effect of violating the dignity neglect of duty duty imposed upon him under this Act, including duties relating to— by public of a person or creating an intimidating, hostile, degrading, servants. (a) registration of information;

humiliating or offensive environment on racial grounds;

(i) “racially motivated” means an act or omission committed

(b) investigation; wholly or partly on the ground of race, whether or not such ground is (c) victim protection or assistance; the sole, primary or dominant motivation; and

(d) prevention of offences, or

(j) “victim” means any person who has suffered physical, mental, emotional, psychological, social or economic harm, or dignitary injury,

(e) any other act or duty as maybe required to be performed by such public servant in furtherance of the provisions of this act, as a result of an offence under this Act, and includes the guardian or legal heir where applicable. shall be punishable with imprisonment which may extend to two years, and

CHAPTER II fine and such punishment shall be in addition to any departmental or disciplinary action.

OFFENCES OF RACIAL DISCRIMINATION AND RACIAL HARASSMENT Punishment for 7. Whoever, having been previously convicted of an offence under this Act, is

3. No person or an establishment shall commit, engage in, promote, facilitate, Prohibition of subsequent subsequently convicted of a further offence under this Act, shall be racial abet, condone, or permit racial discrimination or racial harassment against offence.

discrimination punished with enhanced punishment, which may extend to seven years of any person. and racial imprisonment, or with fine or both, having regard to the nature and gravity harassment. of the offence and the past record of such person.

4. (1) Whoever commits the offence of racial discrimination shall be Punishment. punishable with imprisonment for a term which may extend to three years, CHAPTER III or with fine or both.

RIGHTS OF VICTIMS AND WITNESSES

(2) Whoever commits the offence of racial harassment shall be punishable Rights of 8. (1) Every victim and witness under this Act shall have the right to be treated with imprisonment for a term which may extend to two years, or with fine victims and with dignity, fairness and non-discrimination at all stages of the criminal or both. witnesses.

justice process.

(3) Where the offence under committed by any person under sub-section (1)

(2) Without prejudice to the generality of sub-section (1), victims and or sub-section (2) results in any form of — witnesses shall have the right to seek—

(a) serious bodily injury or severe psychological trauma; or

(a) protection from any form of intimidation, threats, coercion or

(b) social boycott, forced displacement or loss of livelihood; or retaliation, whether direct or indirect;

(c) any other harm, including, physical or psychological or social or reputational harm,

(b) privacy and confidentiality, including protection of identity where disclosure may cause harm or stigma; to the victim, such person shall be punishable with imprisonment of at least

(c) timely and accurate information regarding registration of the three years which may extend to seven years, and with fine. case, progress of investigation, filing of charge-sheet, dates of hearings,

(4) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha and final outcome of proceedings;

46 of 2023. Sanhita, 2023, every offence punishable under this Act shall be cognizable

(d) legal, medical, psychological and social assistance, including and non-bailable. access to rehabilitation measures as may be prescribed; and

(5) No police officer below the rank of Deputy Superintendent of Police

(e) participation in proceedings, including the right to be heard at shall investigate any offence punishable under this Act. appropriate stages, in accordance with law.

5. (1) Where an offence under this Act has been committed by an Offence by establishment, every person who at the time the offence was committed, establishments. (3) No victim or witness shall be subjected to secondary victimisation, was in charge of and was responsible to the establishment for the conduct of harassment or discriminatory treatment by any authority.

the affairs of the establishment, as well as the establishment shall be deemed

(4) The rights under this section shall be in addition to, and not in to be guilty of the offence and shall be liable to be proceeded against and derogation of, rights available under any other law for the time being in

punished accordingly: force.

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he

CHAPTER IV proves that the offence was committed without his knowledge or that SPECIAL COURTS he exercised all due diligence to prevent the commission of such Designation of 9. (1) For the purpose of providing for speedy trial of offences under this offence.

Special Courts.

Act, the State Government shall, in consultation with the Chief Justice

(2) Notwithstanding anything contained in sub-section (1), where an offence of the High Court, by notification in the Official Gazette, designate for under this Act has been committed by an establishment and it is proved that each district one or more Courts of Session to be Special Courts.

the offence has been committed with the consent or connivance of, or is

Provided that where a Court of Session has been designated as a attributable to any neglect on the part of, any director, manager, secretary or Special Court under any other law for the time being in force for analogous other officer of the establishment, such director, manager, secretary or other offences involving vulnerable groups, such Court may be notified as a officer shall also be deemed to be guilty of that offence and shall be liable to Special Court under this Act.

be proceeded against and punished accordingly.88 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(2) While designating Special Courts, the State Government shall have due regard to—

(a) the number of cases under this Act;

(b) the need for expeditious and sensitive adjudication;

(c) the vulnerability of victims of racial discrimination; and

(d) accessibility of courts to affected communities.

(3) A Special Court shall have jurisdiction to try—

(a) offences punishable under this Act; and

(b) any offence under any other law arising out of the same transaction.

(4) The Special Court may, in appropriate cases, direct payment of compensation to the victim for physical, mental, psychological or dignitary harm, in addition to punishment.

10. (1) The Special Court shall endeavour to complete the trial within a period Period for of six months from the date of filing of the charge-sheet. completion of trial.

(2) Where the trial cannot be completed within the period specified in sub-

section (1), the Special Court shall record reasons in writing and endeavour to conclude the trial within one year.

11. (1) In any prosecution for an offence under this Act requiring proof of racial Presumption of motivation or intent, the Special Court shall presume the existence of such culpable mental state. culpable mental state.

(2) It shall be a defence for the accused to prove that culpable mental state did not exist with respect to the act charged.

Explanation. — For the purposes of this section, “culpable mental state” includes intention, motive, knowledge of racial identity, or belief regarding racial characteristics.

12. (1) The appropriate Government shall, by notification in the Official Special Public Gazette, appoint a Special Public Prosecutor for every Special Court Prosecutors. for conducting prosecutions under this Act.

(2) A person shall be eligible to be appointed as a Special Public Prosecutor only if—

(a) he or she has been in practice for not less than seven years as an advocate; and

(b) possesses experience in criminal law, constitutional law, human rights, or equality jurisprudence.

(3) The Special Public Prosecutor shall conduct proceedings in a fair, impartial and victim-sensitive manner.

13. (1) An appeal shall lie, from any judgment or order of a Special Court, to Appeals. the High Court having jurisdiction.

(2) Every appeal under this section shall be preferred within a period, as may be prescribed, from the date of the judgment or order appealed from.

(3) Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of as expeditiously as possible within the time period as may be prescribed.

CHAPTER V POLICE DUTIES, VICTIM ASSISTANCE AND INVESTIGATION PROCEDURE

14. (1) Where the victim or witness does not understand the language used Language assistance and by the police or the court, the investigating officer shall make available interpretation. a qualified interpreter or translator.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 89

(2) While designating Special Courts, the State Government shall have due (2) The statement of the victim or witness shall be recorded in a regard to— language understood by the victim or witness, and translated copies shall be made available, where necessary.

(a) the number of cases under this Act;

(b) the need for expeditious and sensitive adjudication; Information to 15. (1) The police shall, as soon as practicable, inform a family member or family trusted person nominated by the victim about—

(c) the vulnerability of victims of racial discrimination; and members and/or trusted (a) copy of the First Information Report;

(d) accessibility of courts to affected communities. persons.

(b) the occurrence of the offence; and

(3) A Special Court shall have jurisdiction to try— (c) steps being taken in the investigation.

(a) offences punishable under this Act; and

(2) Where the victim is a child, disabled, unconscious or otherwise

(b) any offence under any other law arising out of the same incapable of communicating, such intimation shall be mandatorily transaction. communicated to the person related to the victim, whose identity may be ascertained from any item in victims’ possession, including any electronic

(4) The Special Court may, in appropriate cases, direct payment of device or any identity proof. compensation to the victim for physical, mental, psychological or dignitary harm, in addition to punishment. Medical and 16. (1) Every victim shall be entitled to immediate medical examination and medico-legal treatment, free of cost, at any government or recognized medical

10. (1) The Special Court shall endeavour to complete the trial within a period Period for assistance. facility. of six months from the date of filing of the charge-sheet. completion of trial. (2) The medical examination under sub-section (1) shall be conducted—

(2) Where the trial cannot be completed within the period specified in sub-

section (1), the Special Court shall record reasons in writing and endeavour

(a) with due regard to the consent, privacy and dignity of the to conclude the trial within one year. person concerned; and

(b) by a registered medical practitioner or such other competent

11. (1) In any prosecution for an offence under this Act requiring proof of racial Presumption of authority as may be prescribed, and in accordance with the medico- motivation or intent, the Special Court shall presume the existence of such culpable mental legal procedures and protocols for the time being in force.

state. culpable mental state.

(3) Any delay or denial of medical assistance under this section on the part

(2) It shall be a defence for the accused to prove that culpable mental state of any person or authority shall attract accountability under applicable law. did not exist with respect to the act charged.

Mental health 17. (1) Every victim shall be provided access to mental health care,

Explanation. — For the purposes of this section, “culpable mental and counselling counselling and trauma-informed support services, as required. state” includes intention, motive, knowledge of racial identity, or belief support.

regarding racial characteristics.

(2) The support services may be provided through—

(a) government mental health services; or

12. (1) The appropriate Government shall, by notification in the Official Special Public Gazette, appoint a Special Public Prosecutor for every Special Court Prosecutors. (b) recognised counsellors or institutions:

for conducting prosecutions under this Act. Provided that all such facilities shall be made available to the victim by the appropriate Government in a manner as may be

(2) A person shall be eligible to be appointed as a Special Public Prosecutor

prescribed: only if—

Provided further that seeking mental health support

(a) he or she has been in practice for not less than seven years as shall not prejudice the investigation or the evidentiary value an advocate; and of statements.

(b) possesses experience in criminal law, constitutional law, Safe custody 18. (1) Where the investigating officer or the Court is satisfied that the human rights, or equality jurisprudence. and protection. safety, dignity or well-being of the victim or witness is at risk,

(3) The Special Public Prosecutor shall conduct proceedings in a fair, appropriate protective measures shall be taken. impartial and victim-sensitive manner.

(2) The protective measures may include provision of safe shelter,

13. (1) An appeal shall lie, from any judgment or order of a Special Court, to Appeals. police protection, relocation, where necessary, or any other provision the High Court having jurisdiction. that may be required to be accounted for, based on the degree and

extent of threat:

(2) Every appeal under this section shall be preferred within a period, as may be prescribed, from the date of the judgment or order appealed from. Provided that protection under this section shall be proportionate and time-bound.

(3) Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of as expeditiously as possible within the time period as may be Case-sensitive 19. The investigation under this Act shall be conducted in a sensitive, unbiased prescribed. and non- and victim-centric manner, having due regard to— discriminatory

CHAPTER V investigation. (a) racial vulnerability;

POLICE DUTIES, VICTIM ASSISTANCE AND INVESTIGATION PROCEDURE

(b) power imbalance; and

(c) social stigma and fear of retaliation:

14. (1) Where the victim or witness does not understand the language used Language by the police or the court, the investigating officer shall make available assistance and Provided that investigating officers shall record, wherever relevant, interpretation.

a qualified interpreter or translator. indicators of racial motivation and contextual factors.90 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

20. (1) The appropriate Government shall from time to time ensure regular Training and sensitisation of training and sensitisation programmes for police officers dealing with police. offences under this Act.

(2) The programmes under sub-section (1) shall include—

(a) identification of racial discrimination and harassment;

(b) victim-sensitive investigation techniques; and

(c) cultural and linguistic sensitivity.

21. The failure by any police officer or authority to comply with the duties Failure to imposed under this Act shall be deemed to be a misconduct, which shall be comply. dealt with in accordance with applicable service rules, without prejudice to any other action permissible under law.

CHAPTER VI MISCELLANEOUS

22. The provisions of this Act shall be in addition to and not in derogation of Act not in the provisions of any other law for the time being in force, and in case of derogation of any other law. any inconsistency, the provisions of this Act shall prevail to the extent of such inconsistency.

23. The appropriate Government shall take all necessary measures to Public ensure that— awareness and sensitization.

(a) the provisions of this Act are given wide publicity through television, radio, print and digital media;

(b) the public authorities, police officers, prosecutors and judicial officers are imparted periodic training on the implementation of this Act; and

(c) awareness is created among vulnerable and marginalised communities regarding their rights and remedies under this Act.

24. The appropriate Government shall monitor the implementation of this Act Monitoring of and may issue such guidelines or advisories as may be necessary and implementation. maintain annual data regarding—

(a) number of cases registered;

(b) prosecutions launched;

(c) convictions secured;

(d) compensation awarded; and

(e) preventive measures undertaken shall be compiled and reviewed.

25. The Central Government shall, after due appropriation made by Central Parliament by law in this behalf, provide requisite funds to the State Government to provide funds.

Governments, from time to time, for carrying out the purposes of this Act.

26. (1) It shall be the duty of the appropriate Government to take such measures Duty of as may be necessary for the effective, uniform and timely implementation of appropriate Government. this Act.

(2) In particular, and without prejudice to the generality of sub-section (1), such measures shall include—

(a) creation and strengthening of institutional mechanisms under this Act;

(b) allocation of adequate financial, human and infrastructural resources;

(c) issuance of guidelines, standard operating procedures and advisories;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 91

20. (1) The appropriate Government shall from time to time ensure regular Training and (d) training and sensitisation of police, prosecutors and other training and sensitisation programmes for police officers dealing with sensitisation of officials; and police.

offences under this Act.

(e) periodic review of implementation and outcomes.

(2) The programmes under sub-section (1) shall include—

(3) The failure to take reasonable steps for the effective implementation of

(a) identification of racial discrimination and harassment; the Act may be taken into account by the appropriate authority while

(b) victim-sensitive investigation techniques; and examining administrative accountability.

(c) cultural and linguistic sensitivity. Protection of 27. No suit, prosecution or other legal proceeding shall lie against the Central action taken in Government or State Government or any officer or authority of the

21. The failure by any police officer or authority to comply with the duties Failure to good faith. appropriate Government or any other person for anything which is done or imposed under this Act shall be deemed to be a misconduct, which shall be comply.

dealt with in accordance with applicable service rules, without prejudice to intended to be done in good faith in pursuance of this Act or the rules made thereunder. any other action permissible under law.

CHAPTER VI P ruo lw ese . r to make 28. ( m1 a) kT e h re u leC se fn otr ra cl a G rryo iv ne gr n om ute n tht em pa roy v, ib siy o nn so oti ff i tc ha it si o An c ti .n the Official Gazette, MISCELLANEOUS

(2) Without prejudice to the generality of the foregoing power, such rules

22. The provisions of this Act shall be in addition to and not in derogation of Act not in may provide for— the provisions of any other law for the time being in force, and in case of derogation of any other law. (a) procedures for investigation and trial;

any inconsistency, the provisions of this Act shall prevail to the extent of such inconsistency. (b) victim and witness protection measures;

23. The appropriate Government shall take all necessary measures to Public (c) qualifications of interpreters and experts; ensure that— awareness and sensitization. (d) compensation and rehabilitation schemes; and

(a) the provisions of this Act are given wide publicity through

(e) monitoring and reporting mechanisms. television, radio, print and digital media;

(3) Every rule made under this Act shall be laid, as soon as may be after it is

(b) the public authorities, police officers, prosecutors and made, before each House of Parliament, while it is in session, for a total judicial officers are imparted periodic training on the period of thirty days which may be comprised in one session or in two or implementation of this Act; and more successive sessions, and if, before the expiry of the session

(c) awareness is created among vulnerable and marginalised immediately following the session or the successive sessions aforesaid, both communities regarding their rights and remedies under this Act. Houses agree in making any modification in the rule or regulation or both Houses agree that the rule should not be made, the rule shall thereafter have

24. The appropriate Government shall monitor the implementation of this Act Monitoring of effect only in such modified form or be of no effect, as the case may be; so, and may issue such guidelines or advisories as may be necessary and implementation.

however, that any such modification or annulment shall be without maintain annual data regarding— prejudice to the validity of anything previously done under that rule.

(a) number of cases registered;

Power to 29. (1) If any difficulty arises in giving effect to the provisions of this Act, the

(b) prosecutions launched; remove Central Government may, by order published in the Official Gazette, make difficulties.

(c) convictions secured; such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty.

(d) compensation awarded; and

(e) preventive measures undertaken shall be compiled and Provided that no such order shall be made after the expiry of a period of reviewed. two years from the date of commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be

25. The Central Government shall, after due appropriation made by Central Parliament by law in this behalf, provide requisite funds to the State Government to after it is made, before each House of Parliament.

provide funds.

Governments, from time to time, for carrying out the purposes of this Act.

26. (1) It shall be the duty of the appropriate Government to take such measures Duty of as may be necessary for the effective, uniform and timely implementation of appropriate Government. this Act.

(2) In particular, and without prejudice to the generality of sub-section (1), such measures shall include—

(a) creation and strengthening of institutional mechanisms under this Act;

(b) allocation of adequate financial, human and infrastructural resources;

(c) issuance of guidelines, standard operating procedures and advisories;92 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— STATEMENT OF OBJECTS AND REASONS The Anti-Racism and Equality Bill, 2026, proposes to comprehensively address the pervasive issues of racial discrimination and racial harassment in the country, which undermine the constitutional guarantees of equality under Articles 14, 15, 17, and 21 of the Constitution. Despite robust provisions in the Bharatiya Nyaya Sanhita, 2023, and existing statutes like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, there remains a critical gap in specific legislation targeting racial discrimination based on race, colour, ethnicity, nationality, descent, caste, tribe, language, accent, regional identity, or any perceived analogous characteristics, whether real or imputed. Recent racial incidents, including violence, highlight systemic biases, institutional neglect, and failures in victim protection, necessitating this dedicated framework to deter such offences, ensure accountability, and promote social cohesion.

The Bill criminalizes racial discrimination and harassment with graded punishments up to seven years imprisonment, enhanced penalties for repeat offenders and public servants' neglect, and presumptions of culpable mental state in Special Courts to expedite trials within six months to one year. It mandates victim rights, including dignity, privacy, information, legal-medical-psychological aid, language assistance, family notification, safe custody, and non-discriminatory investigations, alongside police training and sensitization. Provisions for Special Public Prosecutors with expertise in human rights, appeals, compensation, public awareness, monitoring committees, and non-derogation from other laws fill legislative voids, drawing from precedents like the Protection of Civil Rights Act,

1955. By empowering the Central Government to frame rules and remove difficulties, the legislation ensures adaptive implementation, fostering an inclusive society free from racial prejudice.

Hence, this Bill.

ASHOK KUMAR MITTAL.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 93 STATEMENT OF OBJECTS AND REASONS FINANCIAL MEMORANDUM The Anti-Racism and Equality Bill, 2026, proposes to comprehensively Clause 9 of the Bill provides for the designation of Special Courts in every address the pervasive issues of racial discrimination and racial harassment in the district and Clause12 provides for the appointment of Special Public Prosecutors.

country, which undermine the constitutional guarantees of equality under Articles Clause 14 provides for provision of interpreter or translator for victims or witnesses 14, 15, 17, and 21 of the Constitution. Despite robust provisions in the Bharatiya along with provision of translated copies. Clauses 16 and 17 provides for free Nyaya Sanhita, 2023, and existing statutes like the Scheduled Castes and medical aid and counseling services for victims. Clause 18 inter alia provides for Scheduled Tribes (Prevention of Atrocities) Act, 1989, there remains a critical gap provision of safe shelter, relocation for victims and witnesses. Clause 20 provides in specific legislation targeting racial discrimination based on race, colour, for the regular training and sensitization programme for police officers. Clause 23 ethnicity, nationality, descent, caste, tribe, language, accent, regional identity, or provides for wide publicity through television, radio, print and digital media and any perceived analogous characteristics, whether real or imputed. Recent racial periodic training to public authorities, police officers, prosecutors and judicial incidents, including violence, highlight systemic biases, institutional neglect, and officers. Clause 25 provides for Central Government to provide funds for the failures in victim protection, necessitating this dedicated framework to deter such purposes of the Bill.

offences, ensure accountability, and promote social cohesion.

It is estimated that a non-recurring expenditure of approximately Rupees Two The Bill criminalizes racial discrimination and harassment with graded Hundred Crore will be required for the initial setup including sensitization modules punishments up to seven years imprisonment, enhanced penalties for repeat for police, and infrastructure upgrades for Special Courts.

offenders and public servants' neglect, and presumptions of culpable mental state in A recurring expenditure of approximately Rupees Seventy-Five Crore per Special Courts to expedite trials within six months to one year. It mandates victim annum is anticipated for the payment of fees to Special Public Prosecutors and rights, including dignity, privacy, information, legal-medical-psychological aid, disbursement of immediate relief/compensation to victims.

language assistance, family notification, safe custody, and non-discriminatory investigations, alongside police training and sensitization. Provisions for Special Public Prosecutors with expertise in human rights, appeals, compensation, public awareness, monitoring committees, and non-derogation from other laws fill legislative voids, drawing from precedents like the Protection of Civil Rights Act,

1955. By empowering the Central Government to frame rules and remove difficulties, the legislation ensures adaptive implementation, fostering an inclusive society free from racial prejudice.

Hence, this Bill.

ASHOK KUMAR MITTAL.94 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 28 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. Clause 29 empowers the Central Government to issue orders, by notification, for removing difficulties in giving effect to the provisions of the Act for a period of two years from the commencement thereof.

As the rules or orders will relate to matters of detail only, the delegation of legislative power is of a normal character.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 95 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 28 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. Clause 29 empowers the Central Government to issue orders, by notification, for removing difficulties in giving effect to the provisions of the Act for a period of two years from the commencement thereof.

As the rules or orders will relate to matters of detail only, the delegation of legislative power is of a normal character.

XIII Bill No. XXIX of 2026 A Bill to provide for the constitution of a National Commission for De-notified, Nomadic and Semi-Nomadic Tribes to safeguard their rights, inquire into violations, address historical injustice, ensure socio-economic development and dignity, and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic

of India as follows:—

CHAPTER I PRELIMINARY

1. (1) This Act may be called the National Commission for De-notified, Short title and Nomadic and Semi-Nomadic Tribes Act, 2026. commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.96 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Definitions. 2. In this Act, unless the context otherwise requires,—

(a) “Commission” means the National Commission for De- notified, Nomadic and Semi-Nomadic Tribes constituted under

section 3;

(b) “De-notified Tribes” means communities which were notified as criminal tribes under any law in force before the commencement of the Constitution and were subsequently de- notified by the Central Government from time to time;

(c) “Nomadic Tribes” means communities traditionally pursuing a mobile or itinerant way of life for livelihood and notified as such by the Central Government in the Official Gazette from time to time;

(d) “prescribed” means prescribed by rules made under this Act;

(e) “Semi-Nomadic Tribes” means communities pursuing a partially mobile or seasonal way of life for livelihood and notified as such by the Central Government in the Official Gazette from time to time;

(f) “State Government” means the Government of a State and includes the administration of a Union territory.

CHAPTER II THE NATIONAL COMMISSION FOR DE-NOTIFIED, NOMADIC AND SEMI-NOMADIC TRIBES Constitution of 3. (1) The Central Government shall, by notification in the Official National Gazette, constitute a Commission to be known as the National Commission for De-notified, Commission for De-notified, Nomadic and Semi-Nomadic Tribes to Nomadic and exercise the powers conferred on, and to perform the functions Semi-Nomadic assigned to it, under this Act.

Tribes.

(2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

(3) The head office of the Commission shall be at such place in the country as the Central Government may, by notification in the Official Gazette specify and the Commission may, with the prior approval of the Central Government, establish offices at other places in the country as it may deem necessary, for the efficient discharge of the duties assigned to it under the Act.

Composition of 4. (1) The Commission shall consist of a Chairperson, having specialised the Commission. knowledge of, or practical experience in, matters relating to the socio- economic development, law, or administration concerning De- notified, Nomadic and Semi-Nomadic Tribes, a Vice-Chairperson, three Members and a Member-Secretary:

Provided that at least two Members shall belong to the De- notified, Nomadic or Semi-Nomadic Tribes:

Provided further that at least one Member shall be a woman.

(2) The Central Government may prescribe the following, namely: —

(a) qualification for appointment of Chairperson, Vice- Chairperson and Members;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 97 Definitions. 2. In this Act, unless the context otherwise requires,— (b) salary, allowances payable to them and their term of office;

(a) “Commission” means the National Commission for De- notified, Nomadic and Semi-Nomadic Tribes constituted under (c) disqualification for appointment and continuation as

section 3; Chairperson, Vice-Chairperson and Members;

(b) “De-notified Tribes” means communities which were (d) resignation by Chairperson, Vice-Chairperson and notified as criminal tribes under any law in force before the Members and filling of vacancy; commencement of the Constitution and were subsequently de-

(e) proceedings of the Commission; notified by the Central Government from time to time;

(f) officers and employees of the Commission;

(c) “Nomadic Tribes” means communities traditionally pursuing a mobile or itinerant way of life for livelihood and notified (g) powers to be exercised by the Chairperson; and as such by the Central Government in the Official Gazette from time

(h) any other matter to further the objective of this Act. to time;

5. No act or proceeding of the Commission shall be questioned or shall be Vacancies, etc.,

(d) “prescribed” means prescribed by rules made under this not to invalidate

invalid on the ground merely by reason of:

Act; proceedings of the

(a) any vacancy in, or any defect in the constitution of the

(e) “Semi-Nomadic Tribes” means communities pursuing a Commission. partially mobile or seasonal way of life for livelihood and notified as Commission; or such by the Central Government in the Official Gazette from time to

(b) any defect in the appointment of a person as Chairperson time; or Member of the Commission; or

(f) “State Government” means the Government of a State and

(c) any irregularity in the procedure of the Commission not includes the administration of a Union territory. affecting the merits of the case.

CHAPTER II

CHAPTER III THE NATIONAL COMMISSION FOR DE-NOTIFIED, NOMADIC AND FUNCTIONS AND POWERS OF THE COMMISSION SEMI-NOMADIC TRIBES

6. (1) The Commission shall perform all or any of the following functions, Functions and Constitution of 3. (1) The Central Government shall, by notification in the Official namely: — powers of the National Gazette, constitute a Commission to be known as the National Commission.

Commission for

(a) evaluate the progress of the development of the De- De-notified, Commission for De-notified, Nomadic and Semi-Nomadic Tribes to notified, Nomadic and Semi-Nomadic Tribes under the Union and Nomadic and exercise the powers conferred on, and to perform the functions Semi-Nomadic any State;

assigned to it, under this Act.

Tribes.

(b) monitor the working of the safeguards available for the De-

(2) The Commission shall be a body corporate by the name aforesaid, notified, Nomadic and Semi-Nomadic in the Constitution or under having perpetual succession and a common seal, with power, subject to any laws enacted by the Parliament and the State Legislatures;

the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue

(c) evaluate the progress of development programmes and schemes; or be sued.

(d) make recommendations for the effective implementation of

(3) The head office of the Commission shall be at such place in the safeguards provided for the De-notified, Nomadic and Semi- country as the Central Government may, by notification in the Nomadic Tribes and welfare schemes by the Central Government or Official Gazette specify and the Commission may, with the prior the State Governments;

approval of the Central Government, establish offices at other places in the country as it may deem necessary, for the efficient discharge of (e) inquire into specific complaints regarding deprivation of rights, discrimination, unlawful surveillance, police harassment or the duties assigned to it under the Act.

denial of welfare benefits and take up such matters with the Composition of 4. (1) The Commission shall consist of a Chairperson, having specialised appropriate authorities; the Commission. knowledge of, or practical experience in, matters relating to the socio-

(f) participate and advise on the planning process for socio- economic development, law, or administration concerning De- economic development of the De-notified, Nomadic and Semi- notified, Nomadic and Semi-Nomadic Tribes, a Vice-Chairperson, Nomadic Tribes;

three Members and a Member-Secretary:

(g) promote research, documentation and data collection

Provided that at least two Members shall belong to the De- relating to the De-notified, Nomadic and Semi-Nomadic Tribes; notified, Nomadic or Semi-Nomadic Tribes:

(h) undertake awareness programmes to combat stigma

Provided further that at least one Member shall be a woman. and social exclusion; and

(2) The Central Government may prescribe the following, namely: —

(i) discharge such other functions as may be necessary or as

(a) qualification for appointment of Chairperson, Vice- may be prescribed to carry out the provisions of this Act or may be Chairperson and Members; referred to it by the Central Government or any State Government.98 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(2) The Central Government shall cause the recommendations referred to in clause (d) of sub-section (1) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

(3) Where any recommendation referred to in clause (d) of sub-section (1) or any part thereof with which any State Government is concerned, the Commission shall forward a copy of such recommendation or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendation or part.

Safeguards 7. The Commission shall recommend measures to the Central Government against and State Governments, as the case may be, to protect De-notified, discrimination Nomadic and Semi-Nomadic Tribes from discrimination, stigma, arbitrary and harassment.

detention, unlawful surveillance and abuse.

Welfare and 8. The Commission shall advise Central Government and State development Governments on the formulation, implementation and monitoring of measures. policies and programmes relating to education, livelihood, housing, healthcare, social security, economic development and measures appropriate for mobile populations.

Review of 9. (1) The Commission shall examine matters relating to inclusion, classification exclusion or misclassification of the De-notified, Nomadic or Semi- and affirmative Nomadic Tribes under Scheduled Castes, Scheduled Tribes or Other action.

Backward Classes lists.

(2) Upon such examination, the Commission may make recommendations to the Central Government and State Governments, as the case may be, for appropriate action.

Inquiry into 10. (1) The Commission may, either suo motu or on a complaint referred to it complaints. by the Central Government or any State Government, or received from any person or group of persons aggrieved, inquire into any matter concerning the De-notified, Nomadic and Semi-Nomadic Tribes.

(2) Every complaint under sub-section (1) shall be made in such form and manner, and shall be accompanied by such particulars, as may be

prescribed:

Provided that the Commission may entertain a complaint notwithstanding any defect in form if it is satisfied that sufficient grounds exist for inquiry.

Commission to 11. (1) The Commission shall, while investigating any matter or inquiring into have powers of any complaint under this Act, have all the powers of a civil court trying a a civil court. suit and, in particular in respect of the following matters, namely: —

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses and documents; and

(f) any other matter which may be prescribed.

(2) The Commission may make recommendations to the Central Government and State Governments, as the case may be, for remedial measures.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 99

(2) The Central Government shall cause the recommendations referred to (3) The Commission may exercise such other powers as may be in clause (d) of sub-section (1) to be laid before each House of Parliament prescribed.

along with a memorandum explaining the action taken or proposed to be

CHAPTER IV taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations. COORDINATION WITH GOVERNMENTS AND STATUTORY BODIES

(3) Where any recommendation referred to in clause (d) of sub-section (1) 12. The Commission shall coordinate with Ministries and Departments of the Coordination or any part thereof with which any State Government is concerned, the Central Government and State Governments for effective implementation with Central Commission shall forward a copy of such recommendation or part to such of its recommendations. and State Governments.

State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or 13. The Commission shall, to discharge its functions under this Act, act in Relationship proposed to be taken on the recommendations relating to the State and the coordination with the National Commission for Scheduled Castes, the with other Commissions.

reasons for the non-acceptance, if any, of any of such recommendation or National Commission for Scheduled Tribes and the National Commission part. for Backward Classes.

Safeguards 7. The Commission shall recommend measures to the Central Government CHAPTER V against and State Governments, as the case may be, to protect De-notified, discrimination FINANCE, ACCOUNTS AND AUDIT Nomadic and Semi-Nomadic Tribes from discrimination, stigma, arbitrary and harassment.

detention, unlawful surveillance and abuse. 14. The Central Government, shall after due appropriation made by Grants by Central Parliament by law in this behalf, pay to the Commission, by way of Welfare and 8. The Commission shall advise Central Government and State Government.

grants such sums of money as the Central Government may think fit development Governments on the formulation, implementation and monitoring of measures. for being utlilised for the purposes of this Act.

policies and programmes relating to education, livelihood, housing, healthcare, social security, economic development and measures 15. (1) The Commission shall, in consultation with the Comptroller and Accounts and appropriate for mobile populations. Auditor-General of India, maintain proper accounts and other relevant audit.

records including the administration of the Fund and prepare an annual Review of 9. (1) The Commission shall examine matters relating to inclusion, statement of accounts in such form and manner, at such time of each classification exclusion or misclassification of the De-notified, Nomadic or Semi- and affirmative financial year, and such intervals, as may be prescribed.

Nomadic Tribes under Scheduled Castes, Scheduled Tribes or Other action.

Backward Classes lists. (2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him

(2) Upon such examination, the Commission may make recommendations and any expenditure incurred in connection with such audit shall be to the Central Government and State Governments, as the case may be, payable by the Commission to the Comptroller and Auditor-General.

for appropriate action.

(3) The Comptroller and Auditor-General and any person appointed by Inquiry into 10. (1) The Commission may, either suo motu or on a complaint referred to it complaints. by the Central Government or any State Government, or received from him in connection with the audit of the accounts of the National Commission under this Act shall have the same rights and privileges and any person or group of persons aggrieved, inquire into any matter the authority in connection with such audit as the Comptroller and concerning the De-notified, Nomadic and Semi-Nomadic Tribes.

Auditor-General generally has in connection with the audit of

(2) Every complaint under sub-section (1) shall be made in such form and Government accounts and, in particular, shall have the right to demand manner, and shall be accompanied by such particulars, as may be the production of books, accounts, connected vouchers and other

prescribed: documents and papers and to inspect any of the offices of the

Provided that the Commission may entertain a complaint Commission. notwithstanding any defect in form if it is satisfied that sufficient grounds

(4) The accounts of the Commission, as certified by the Comptroller and exist for inquiry.

Auditor-General or any other person appointed by him in this behalf, Commission to 11. (1) The Commission shall, while investigating any matter or inquiring into together with the audit report thereon shall be forwarded annually to the have powers of any complaint under this Act, have all the powers of a civil court trying a Central Government by the Commission and the Central Government a civil court.

suit and, in particular in respect of the following matters, namely: — shall cause the audit report to be laid, as soon as may be after it is

(a) summoning and enforcing the attendance of any person received, before each House of Parliament. and examining him on oath; 16. (1) The Commission shall submit an annual report to the Central Annual and

(b) requiring the discovery and production of any document; Government and to the State Government concerned and may at any time Special reports. submit special reports on any matter which, in its opinion, is of such

(c) receiving evidence on affidavits; urgency or importance that it should not be deferred till submission of the

(d) requisitioning any public record or copy thereof from any annual report. court or office;

(2) The Central Government and the State Government concerned, as the

(e) issuing commissions for the examination of witnesses and case may be, shall cause the annual and special reports of the Commission documents; and to be laid before each House of Parliament or the State Legislature

(f) any other matter which may be prescribed. respectively, as the case may be, along with a memorandum of action

(2) The Commission may make recommendations to the Central taken or proposed to be taken on the recommendations of the Commission Government and State Governments, as the case may be, for remedial and the reasons for non-acceptance of the recommendations, if any, within a period of one year from the date of receipt of such report.

measures.100 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(3) The annual report shall be prepared in such form, manner and contain such details as may be prescribed by the Central Government.

CHAPTER VI MISCELLANEOUS Members, 17. The Chairperson, Members, officers and staff including experts of the officers and staff Commission shall be deemed, when acting or purporting to act in of the pursuance of any of the provisions of this Act, to be public servants Commission to be public within the meaning of sub-section (2) of section 28 of the Bharatiya servants. Nyaya Sanhita, 2023. 45 of 2023.

Protection of 18. No suit, prosecution or other legal proceeding shall lie against the Central action taken in Government, the Commission or any member, officer or employee thereof good faith. for anything which is done or intended to be done in good faith under this Act or the rules made thereunder.

Act to have an 19. The provisions of this Act and rules made thereunder shall have effect overriding notwithstanding anything inconsistent therewith contained in any other effect. law for the time being in force.

Power to make 20. (1) The Central Government may, by notification in the Official Gazette, rules. make rules for carrying out the provisions of this Act.

(2) The Commission may, with the approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of implementing the provisions of this Act.

(3) Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or 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 regulation or both the Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in a such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

Power to 21. (1) If any difficulty arises in giving effect to the provisions of this Act, the remove Central Government may, by order published in the Official Gazette, difficulties. make such provisions, not inconsistent with the provisions of this Act, as may appear it to be necessary for removing the difficulty.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 101

(3) The annual report shall be prepared in such form, manner and contain STATEMENT OF OBJECTS AND REASONS such details as may be prescribed by the Central Government.

The De-notified Tribes (DNTs), along with Nomadic and Semi-Nomadic

CHAPTER VI Tribes, represent one of the most historically stigmatised and structurally marginalised sections of Indian society. The expression “De-notified Tribes” MISCELLANEOUS refers to communities that were notified as criminal tribes under colonial Members, 17. The Chairperson, Members, officers and staff including experts of the legislation, most notably the Criminal Tribes Act, 1871, and its subsequent officers and staff Commission shall be deemed, when acting or purporting to act in amendments enacted by the British colonial administration. These laws were of the pursuance of any of the provisions of this Act, to be public servants premised on the discriminatory assumption that criminality was an inherited trait Commission to be public within the meaning of sub-section (2) of section 28 of the Bharatiya of certain communities. As a result, entire groups were subjected to compulsory servants. Nyaya Sanhita, 2023. 45 of 2023. registration, restrictions on movement, forced settlement, police surveillance, Protection of 18. No suit, prosecution or other legal proceeding shall lie against the Central collective punishment, and social ostracisation. Children were separated from families, livelihoods were destroyed, and generations were pushed into extreme action taken in Government, the Commission or any member, officer or employee thereof good faith. poverty and exclusion. Although the Criminal Tribes Act was repealed in 1952 for anything which is done or intended to be done in good faith under this after Independence, these communities were merely “de-notified” without any Act or the rules made thereunder.

meaningful programme for their social, economic, or legal rehabilitation.

Act to have an 19. The provisions of this Act and rules made thereunder shall have effect Nomadic and Semi-Nomadic Tribes are closely interlinked with De-notified overriding notwithstanding anything inconsistent therewith contained in any other effect. Tribes, as many de-notified communities traditionally pursued seasonal law for the time being in force.

livelihoods. Nomadic Tribes are communities whose occupations require Power to make 20. (1) The Central Government may, by notification in the Official Gazette, continuous mobility, while Semi-Nomadic Tribes move periodically and remain rules. make rules for carrying out the provisions of this Act. settled only for parts of the year. There is no uniform statutory or constitutional definition of these groups in India, and their classification varies widely across

(2) The Commission may, with the approval of the Central Government, States. This definitional ambiguity has contributed to their continued invisibility by notification in the Official Gazette, make regulations not inconsistent in official records and policy frameworks.

with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the According to estimates compiled from reports of the Ministry of Social purposes of implementing the provisions of this Act. Justice and Empowerment, India is home to approximately 425 De-notified Tribes, 810 Nomadic Tribes, and 27 Semi-Nomadic Tribes. The National

(3) Every rule and regulation made under this Act shall be laid, as soon as Commission for De-notified, Nomadic and Semi-Nomadic Tribes, chaired by may be after it is made, before each House of Parliament, while it is in Shri Balkrishna Sidram Renke, estimated their combined population at around session, for a total period of thirty days which may be comprised in one

10.74 crore on the basis of Census 2001 data. Despite this scale, the absence of session or two or more successive sessions, and if, before the expiry of the reliable, disaggregated, and updated data has resulted in their systematic session immediately following the session or the successive sessions exclusion from evidence-based policymaking. The Renke Commission Report aforesaid, both Houses agree in making any modification in the rule or

(2008) reported that DNTs and NTs were extremely vulnerable, with 89 per cent regulation or both the Houses agree that the rule or regulation should not of the former and 98 per cent of the latter reporting that none of the families in be made, the rule or regulation shall thereafter have effect only in a such their communities owned any land. The Renke Commission also prepared a modified form or be of no effect, as the case may be; so, however, that comprehensive list of DNTs, NTs, and SNTs, identifying around 334 De-notified any such modification or annulment shall be without prejudice to the communities and approximately 809 Nomadic communities. The highest number validity of anything previously done under that rule or regulation.

of De-notified communities were found in States such as Tamil Nadu (68), Power to 21. (1) If any difficulty arises in giving effect to the provisions of this Act, the Karnataka (67), and Telangana (36), while a larger number of Nomadic remove Central Government may, by order published in the Official Gazette, communities were identified in States such as Bihar (64), Tamil Nadu (60), and difficulties.

make such provisions, not inconsistent with the provisions of this Act, as Maharashtra (38). may appear it to be necessary for removing the difficulty.

While the Constitution of India provides explicit recognition, safeguards,

(2) Every order made under this section shall be laid, as soon as may be and institutional mechanisms for Scheduled Castes and Scheduled Tribes, and after it is made, before each House of Parliament. statutory recognition exists for Other Backward Classes, there is no comparable recognition of DNTs, NTs, or SNTs as a distinct category. Their inclusion within existing categories has been fragmented, inconsistent, and dependent on State- specific practices. Many communities are included under the Scheduled Castes, Scheduled Tribes, or Other Backward Classes in some States but not in others, while a significant number remain entirely outside these categories. The National Commission chaired by Shri Bhiku Ramji Idate, which submitted its report in 2018 after extensive fieldwork and consultations across States, identified more than 1,235 De-notified, Nomadic and Semi-Nomadic communities. Of these, at least 269 communities were found to be completely unclassified under the Scheduled Castes, Scheduled Tribes, or Other Backward Classes lists, thereby excluding them from reservations, scholarships and other affirmative action measures.

Since Independence, several committees and commissions have examined the condition of these communities and highlighted the need for systemic intervention. The Ananthasayanam Ayyangar Committee in 1949 recommended102 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— the repeal of the Criminal Tribes Act, leading to its formal withdrawal in 1952.

The First Backward Classes Commission under Shri Kaka Kalelkar in 1953 acknowledged the extreme social and educational backwardness of de-notified and nomadic communities and cautioned against perpetuating the stigma associated with criminalisation. The Mandal Commission also took note of nomadic and semi-nomadic groups while assessing backwardness for the purposes of reservation. The Renke Commission, constituted in 2005 by the Ministry of Social Justice and Empowerment, was the first national-level body exclusively mandated to study De-notified, Nomadic, and Semi-Nomadic Tribes.

Its report, submitted in 2008, documented severe landlessness, lack of access to education and healthcare, absence of identity documents, near-total exclusion from institutional credit, and continued social discrimination. The reconstituted National Commission under Shri Bhiku Ramji Idate further reinforced these findings and made comprehensive recommendations, including the creation of a permanent statutory commission, focused welfare measures, improved data collection, and institutional safeguards.

Notwithstanding these repeated recommendations, the socio-economic conditions of De-notified, Nomadic, and Semi-Nomadic Tribes remain alarming.

Many members of these communities allege that they continue to face arbitrary detention and social profiling, often under residual State-level Habitual Offenders laws or informal policing practices. According to a report by the People’s Archive of Rural India (PARI), literacy rates among these communities are significantly lower (45 per cent) than the national average (77 per cent), and school dropout rates remain high due to seasonal migration, lack of residential schooling facilities, and economic distress. Access to healthcare is limited, resulting in poor health indicators, while malnutrition and occupational hazards are widespread. Landlessness is pervasive, with a vast majority lacking formal land titles or secure housing. A substantial proportion of families lack caste certificates, domicile records, or other identity documents, preventing access to welfare schemes and constitutional entitlements. Social stigma continues to obstruct their integration into mainstream society, employment markets, and local self-government institutions.

The Government of India has, in recent years, initiated certain measures aimed at addressing the needs of these communities. However, in the absence of a statutory body with investigative powers, monitoring authority, and a mandate to report to Parliament, the implementation of welfare schemes has remained fragmented and accountability mechanisms have been weak. Unlike the National Commissions for Scheduled Castes, Scheduled Tribes, and Backward Classes, there is no permanent national institution dedicated to safeguarding the rights and interests of De-notified, Nomadic, and Semi-Nomadic Tribes.

The consistent demand articulated by these communities, as well as by expert bodies and parliamentary committees, has been for the establishment of a permanent statutory National Commission empowered to protect their rights, address grievances, monitor safeguards, and advise Governments on comprehensive socio-economic development. Such a commission is essential not only to remedy the historical injustice arising from colonial criminalisation but also to fulfil the constitutional mandate enshrined in Articles 14, 15, 16, 21, 38, and 46, which obligate the State to promote equality, social justice, and the interests of weaker sections of society. The proposed legislation seeks to institutionalise these obligations through the creation of a National Commission for De-notified, Nomadic, and Semi-Nomadic Tribes, thereby providing a dedicated mechanism to ensure dignity, inclusion, and equal opportunity for some of the most marginalised citizens of India.

Hence, this Bill.

K. LAXMAN.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 103 the repeal of the Criminal Tribes Act, leading to its formal withdrawal in 1952. FINANCIAL MEMORANDUM The First Backward Classes Commission under Shri Kaka Kalelkar in 1953 Clause 3 of the Bill provides for the establishment of National Commission acknowledged the extreme social and educational backwardness of de-notified for De-notified, Nomadic and Semi-Nomadic Tribes. Clause 4 provides for and nomadic communities and cautioned against perpetuating the stigma composition of the Commission, term of office, salaries, allowances of the associated with criminalisation. The Mandal Commission also took note of Chairperson, Vice-Chairperson and Members, and for appointment of officers nomadic and semi-nomadic groups while assessing backwardness for the and staff of the Commission. Clause 6 provides for functions of the Commission, purposes of reservation. The Renke Commission, constituted in 2005 by the which inter alia, provides for undertaking awareness programmes to combat Ministry of Social Justice and Empowerment, was the first national-level body stigma and social exclusion. Clause 14 provides for Central Government to exclusively mandated to study De-notified, Nomadic, and Semi-Nomadic Tribes.

provide grants to the Commission for carrying out the purpose of this Bill.

Its report, submitted in 2008, documented severe landlessness, lack of access to education and healthcare, absence of identity documents, near-total exclusion The Bill, therefore, if enacted, would involve both non-recurring and from institutional credit, and continued social discrimination. The reconstituted recurring expenditure from the Consolidated Fund of India. However, at this National Commission under Shri Bhiku Ramji Idate further reinforced these juncture, it is difficult to estimate the actual expenditure likely to be involved.

findings and made comprehensive recommendations, including the creation of a permanent statutory commission, focused welfare measures, improved data collection, and institutional safeguards.

Notwithstanding these repeated recommendations, the socio-economic conditions of De-notified, Nomadic, and Semi-Nomadic Tribes remain alarming.

Many members of these communities allege that they continue to face arbitrary detention and social profiling, often under residual State-level Habitual Offenders laws or informal policing practices. According to a report by the People’s Archive of Rural India (PARI), literacy rates among these communities are significantly lower (45 per cent) than the national average (77 per cent), and school dropout rates remain high due to seasonal migration, lack of residential schooling facilities, and economic distress. Access to healthcare is limited, resulting in poor health indicators, while malnutrition and occupational hazards are widespread. Landlessness is pervasive, with a vast majority lacking formal land titles or secure housing. A substantial proportion of families lack caste certificates, domicile records, or other identity documents, preventing access to welfare schemes and constitutional entitlements. Social stigma continues to obstruct their integration into mainstream society, employment markets, and local self-government institutions.

The Government of India has, in recent years, initiated certain measures aimed at addressing the needs of these communities. However, in the absence of a statutory body with investigative powers, monitoring authority, and a mandate to report to Parliament, the implementation of welfare schemes has remained fragmented and accountability mechanisms have been weak. Unlike the National Commissions for Scheduled Castes, Scheduled Tribes, and Backward Classes, there is no permanent national institution dedicated to safeguarding the rights and interests of De-notified, Nomadic, and Semi-Nomadic Tribes.

The consistent demand articulated by these communities, as well as by expert bodies and parliamentary committees, has been for the establishment of a permanent statutory National Commission empowered to protect their rights, address grievances, monitor safeguards, and advise Governments on comprehensive socio-economic development. Such a commission is essential not only to remedy the historical injustice arising from colonial criminalisation but also to fulfil the constitutional mandate enshrined in Articles 14, 15, 16, 21, 38, and 46, which obligate the State to promote equality, social justice, and the interests of weaker sections of society. The proposed legislation seeks to institutionalise these obligations through the creation of a National Commission for De-notified, Nomadic, and Semi-Nomadic Tribes, thereby providing a dedicated mechanism to ensure dignity, inclusion, and equal opportunity for some of the most marginalised citizens of India.

Hence, this Bill.

K. LAXMAN.104 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 20 of the Bill empowers the Central Government to make rules and the Commission to frame regulations for carrying out the purposes of the Bill.

Clause 21 empowers the Central Government to issue orders for removing difficulties in giving effect to the provisions of the Act.

As the rules, regulations and orders will relate to matters of detail only, the delegation of legislative power is of a normal character.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 105 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 20 of the Bill empowers the Central Government to make rules and the Commission to frame regulations for carrying out the purposes of the Bill.

Clause 21 empowers the Central Government to issue orders for removing difficulties in giving effect to the provisions of the Act.

As the rules, regulations and orders will relate to matters of detail only, the delegation of legislative power is of a normal character.

XIV Bill No. XX of 2026 A Bill to provide for the establishment of a National Commission for the protection of the rights, entitlements and welfare of women farmers and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic

of India as follows: —

1. (1) This Act may be called the National Commission for the Entitlements Short title and and Welfare of Women Farmers Act, 2026. commencement.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.106 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Definitions. 2. In this Act, unless the context otherwise requires, —

(a) "appropriate Government" means in the case of a State, the Government of that State and in all other cases, the Central Government;

(b) “certificate” means the Woman Farmer Certificate issued by an authorized officer of the Gram Panchayat under sub-section

(d) of section 7, which shall be the conclusive proof of declaring a person as a woman farmer;

(c) "Commission" means the National Commission for the Entitlements and Welfare of Women Farmers established under

section 3;

(d) "farmer" shall include, but not limited to, agricultural operational holders, landless cultivators, agricultural labourers, plantation labourers, pastoralists, sharecroppers and tenants and in case of a landless farmer migrating or moving from one state to another, if such farmer stays in a State for at least six months, that farmer may be considered as a farmer in that particular state, however, the term shall not include corporate entities operated by or involving farmers;

(e) “Fund” means the Central Women Farmers Agricultural Development Fund constituted under section 8;

(f) “land” means any land or water body utilised for the purpose of agriculture;

(g) “Member" means a Member of the Commission;

(h) "prescribed" means prescribed by rules made under this Act; and

(i) "women farmer" means, irrespective of the marital status or ownership of land, any woman who undertakes cultivation in her own land or land owned by her husband or a family member or land owned by any other person on sharing basis or on lease.

Establishment 3. (1) The Central Government shall, by notification in the Official of National Gazette, establish a Commission to be known as the National Commission Commission for the Entitlements and Welfare of Women Farmers to for the Entitlements exercise the powers conferred on, and to perform the functions and Welfare assigned to it, under this Act.

of Women Farmers. (2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued.

(3) The head office of the Commission shall be at such place in the country as the Central Government may, by notification in the Official Gazette specify and the Commission may, with the prior approval of the Central Government, establish offices at other places in the country as it may deem necessary, for the efficient discharge of the duties assigned to it under the Act.

(4) The Commission shall consist of the following members, namely —

(a) a woman Chairperson, having specialised knowledge, outstanding contributions and eminence in the field of farming to be appointed by the Central Government, in such manner as may be prescribed;

(b) three women Members, to be nominated by theSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 107 Definitions. 2. In this Act, unless the context otherwise requires, — Central Government in such manner as may be prescribed, from amongst persons of eminence, ability, integrity and

(a) "appropriate Government" means in the case of a State, the standing who have extensive professional and practical Government of that State and in all other cases, the Central experience in access of women farmers to input, technology, Government;

market facilities, legal rights and all other aspects related to the

(b) “certificate” means the Woman Farmer Certificate issued rights, welfare and entitlements of women farmers; by an authorized officer of the Gram Panchayat under sub-section

(c) one Member-Secretary who shall be a senior member

(d) of section 7, which shall be the conclusive proof of declaring a of the All India Services or the organized Group A services person as a woman farmer; having at least ten years of professional experience in the

(c) "Commission" means the National Commission for the management and administration in matters related to Entitlements and Welfare of Women Farmers established under agriculture, farming and entitlements to women farmers, to be

section 3; appointed by the Central Government in such manner as may be prescribed.

(d) "farmer" shall include, but not limited to, agricultural operational holders, landless cultivators, agricultural labourers, (5) The Central Government may appoint such number of officers plantation labourers, pastoralists, sharecroppers and tenants and in and staff including experts to the Commission as may be required case of a landless farmer migrating or moving from one state to for its efficient functioning.

another, if such farmer stays in a State for at least six months, that

(6) The salaries and allowances payable to, and other terms and farmer may be considered as a farmer in that particular state, conditions of service of the Chairperson, Members, officers, staff however, the term shall not include corporate entities operated by or and experts of the Commission shall be such as may be prescribed.

involving farmers;

(7) The Commission shall have the power to regulate its own procedure.

(e) “Fund” means the Central Women Farmers Agricultural Development Fund constituted under section 8; (8) Chairperson and every Member of the Commission shall hold office for such period not exceeding four years from the date on which they

(f) “land” means any land or water body utilised for the assume office, or for such period as may be specified by the Central purpose of agriculture;

Government in this behalf.

(g) “Member" means a Member of the Commission;

4. (1) Notwithstanding anything contained in sub-section (6) of section 3, Resignation or

(h) "prescribed" means prescribed by rules made under this the Chairperson or a Member other than the Member-Secretary, removal.

Act; and appointed under clause (c) of sub-section (4) of section 3, may by writing under their hand to the Central Government resign from office at

(i) "women farmer" means, irrespective of the marital status or any time; ownership of land, any woman who undertakes cultivation in her own land or land owned by her husband or a family member or land (2) The Central Government may, by order, remove from office, the owned by any other person on sharing basis or on lease. Chairperson or any Member of the Commission, if the Chairperson or as the case may be, such other Member — Establishment 3. (1) The Central Government shall, by notification in the Official of National Gazette, establish a Commission to be known as the National (a) has been adjudged insolvent; or Commission Commission for the Entitlements and Welfare of Women Farmers to for the Entitlements exercise the powers conferred on, and to perform the functions

(b) is convicted and sentenced to imprisonment for an offence and Welfare assigned to it, under this Act. which, in the opinion of the Central Government, involves moral of Women turpitude; or Farmers. (2) The Commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to (c) becomes of unsound mind and stands so declared by a the provisions of this Act, to acquire, hold and dispose of property, both competent court; or movable and immovable, and to contract, and shall, by the said name,

(d) refuses to act or has become physically or mentally sue or be sued. incapable of acting as a Member; or

(3) The head office of the Commission shall be at such place in the

(e) has, without obtaining leave of absence from the country as the Central Government may, by notification in the Commission, remained absent from three consecutive meetings of Official Gazette specify and the Commission may, with the prior Commission; or approval of the Central Government, establish offices at other places in the country as it may deem necessary, for the efficient discharge (f) has acquired such financial or other interest which is likely of the duties assigned to it under the Act. to affect prejudicially her functions as Chairperson or a member; or

(4) The Commission shall consist of the following members, (g) has, in the opinion of the Central Government, so abused namely — her office as to render her continuance in office detrimental to the interest of the office or public interest.

(a) a woman Chairperson, having specialised knowledge, outstanding contributions and eminence in the field of farming Provided that no person shall be removed from office under this to be appointed by the Central Government, in such manner as clause until that person has been given a reasonable opportunity of may be prescribed; being heard in the matter.

(b) three women Members, to be nominated by the108 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(3) A vacancy caused under sub-sections (1) and (2) or otherwise shall be filled by fresh appointment or nomination, as the case may be:

Provided that the Chairperson or any other member appointed or nominated against any casual vacancy in the Commission shall hold office only for the remainder of the term of the Chairperson or Member in whose place she has been appointed or nominated.

Vacancies, 5. No act or proceeding of the Commission shall be questioned or shall be etc., not to invalid on the ground merely by reason of: invalidate proceedings (a) any vacancy in, or any defect in the constitution of the of the Commission;

Commission.

(b) any defect in the appointment of a person as Chairperson or Member of the Commission; or

(c) any irregularity in the procedure of the Commission not affecting the merits of the case.

6. The Chairperson, Members, officers and staff including experts of the Members, Commission shall be deemed, when acting or purporting to act in officers and pursuance of any of the provisions of this Act, to be public servants staff of the Commission within the meaning of sub-section (2) of section 28 of the Bharatiya to be public Nyaya Sanhita, 2023. 45 of 2023.

servants.

Functions of 7. The Commission shall perform all or any of the following functions,

the namely: — Commission.

(a) to promote the welfare and livelihood security of women farmers across the country;

(b) to conduct the annual survey of women farmers in the country across various categories including different crops and landholding sizes;

(c) to prepare an accurate data-base on women farmers in the country across various categories including different crops and landholding size;

(d) to prepare detailed guidelines and rules to identify women farmers in each village and facilitate the issue of Woman Farmer Certificate to each woman farmer;

(e) to identify the number of women farmers in each State without legal rights and entitlements on agricultural land;

(f) to ensure that every woman shall have equal ownership and inheritance rights over her spouse’s self-acquired agricultural land, or his share of family property, or his share of land transferred by the appropriate Government under land reform or resettlement scheme;

(g) to ensure that a woman farmer shall have equal right, as enjoyed by male farmers, to all water resources connected with the agricultural land to which she is the owner, shareholder, possessor or uses for farming activity and shall have access to water, water resources and irrigation facilities for carrying out agricultural activities;

(h) to ensure that no woman farmers shall be discriminated on the grounds of marital status, religion, caste, ownership or possession of agricultural land while accessing water resources for irrigation purposes;

(i) notwithstanding anything contained in any other law for the time being in force and subject to the provisions of this Act, theSec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 109

(3) A vacancy caused under sub-sections (1) and (2) or otherwise shall be Commission shall ensure that every woman farmer who has a filled by fresh appointment or nomination, as the case may be: Certificate from the appropriate authority shall be entitled to Kisan Credit Card;

Provided that the Chairperson or any other member appointed or nominated against any casual vacancy in the Commission shall hold (j) to review the existing laws and policies affecting women office only for the remainder of the term of the Chairperson or Member farmers and to recommend measures for ensuring land and resource in whose place she has been appointed or nominated. rights;

Vacancies, 5. No act or proceeding of the Commission shall be questioned or shall be (k) to monitor women farmers’ access to credit, insurance, etc., not to invalid on the ground merely by reason of: technology and markets and to inquire into violations of rights and invalidate entitlements of women farmers;

proceedings (a) any vacancy in, or any defect in the constitution of the of the Commission;

(l) to advise the appropriate Government on gender-responsive Commission. agricultural policies, programmes and in any other matter as may be

(b) any defect in the appointment of a person as Chairperson referred to it, from time to time; or Member of the Commission; or

(m) present to the Central Government, annually as the

(c) any irregularity in the procedure of the Commission not Commission may deem fit, reports upon the its working; and affecting the merits of the case.

(n) such other matters, as may be prescribed.

6. The Chairperson, Members, officers and staff including experts of the oM ffe im ceb re sr as, n d C puo rm sum anis cs eio on f s ah na yll ob f e t hd ee e pm roe vd i, s iow nh se n o f a tc ht ii sn g A co tr , tp ou r bp eo r pti un bg l ict o s ea rvct a ni tn s

8. G(1 a) zT eth tee , C coen nt sr tia tl u tG e o av er Fn um nden tt o s h ba el l, k nb oy w n no t aif si c ta hti eo n C ein n trth ale WOf of mici ea nl FCC aeo rnn mts r et ai rt l su Wtio on m eo nf staff of the Farmers Agricultural Development Fund for carrying out the Commission within the meaning of sub-section (2) of section 28 of the Bharatiya Agricultural purposes of this Act. Development to be public Nyaya Sanhita, 2023. 45 of 2023.

Fund. servants. (2) The Fund shall be administered and maintained by the Functions of 7. The Commission shall perform all or any of the following functions, Commission, in such manner as may be prescribed.

the namely: — (3) The Commission shall utilize the fund to empower women Commission. farmers through providing incentives, conducting capacity building

(a) to promote the welfare and livelihood security of women training for the use of new technologies, creating market facilities farmers across the country; for women farmers, establishing creches and day-care centres,

(b) to conduct the annual survey of women farmers in the providing social security and old age pensions for women farmers country across various categories including different crops and and all other related issues as may be prescribed in the rules.

landholding sizes;

9. The Commission shall, while investigating any matter referred to it in Commission to

(c) to prepare an accurate data-base on women farmers in clauses (d), (f), (g), (h) and (k) of section 7, have all the powers of a Civil have powers of a Civil Court. the country across various categories including different crops Court trying a suit and, in particular in respect of the following matters, and landholding size; namely: —

(d) to prepare detailed guidelines and rules to identify women (a) summoning and enforcing the attendance of any person farmers in each village and facilitate the issue of Woman Farmer from any part of the country and examining him on oath;

Certificate to each woman farmer;

(b) requiring the discovery and production of any document;

(e) to identify the number of women farmers in each State

(c) receiving evidence on affidavits; without legal rights and entitlements on agricultural land;

(d) requisitioning any public record or copy thereof from any

(f) to ensure that every woman shall have equal ownership and court or office; inheritance rights over her spouse’s self-acquired agricultural land,

(e) issuing commission for the examination of witnesses and or his share of family property, or his share of land transferred by documents; and the appropriate Government under land reform or resettlement scheme; (f) any other matter which may be prescribed.

(g) to ensure that a woman farmer shall have equal right, as 10. The appropriate Government shall consult the Commission on all Appropriate enjoyed by male farmers, to all water resources connected with the policies related to the promotion of welfare of women farmers in the Government to consult the agricultural land to which she is the owner, shareholder, possessor country.

Commission. or uses for farming activity and shall have access to water, water resources and irrigation facilities for carrying out agricultural 11. The Central Government shall, after due appropriation made by Central activities; Parliament by law in this behalf, pay to the Commission, by way of Government to provide funds.

grants such sums of money as the Central Government may think fit

(h) to ensure that no woman farmers shall be discriminated on for carrying out the purposes of this Act. the grounds of marital status, religion, caste, ownership or

12. (1) The Commission shall, in consultation with the Comptroller and Accounts and possession of agricultural land while accessing water resources for Auditor-General of India, maintain proper accounts and other relevant audit.

irrigation purposes; records including the administration of the Fund and prepare an annual

(i) notwithstanding anything contained in any other law for the statement of accounts in such form and manner, at such time of each time being in force and subject to the provisions of this Act, the financial year, and such intervals, as may be prescribed.110 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.

(4) The accounts of the Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission and the Central Government shall cause the same to be laid before both Houses of Parliament.

Annual 13. (1) The Commission shall prepare every year, in such form and within Report. such time as may be prescribed by the Central Government, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government.

(2) The Central Government shall cause to be laid before each House of Parliament along with a memorandum on the action taken or proposed to be taken on the recommendations of the Commission relating to the Union and the reasons for non-acceptance, if any, of such recommendations, within a period of one year from the date of receipt of such report.

(3) Where the report or any of its part is related to any issues connected with the State Government, a copy of such report shall be forwarded to the Governor of that State, who shall in turn cause it to be laid before the Legislature of the State concerned, along with an explanatory memorandum on the action taken or proposed to be taken on the recommendations related to the State, and reasons for non-acceptance, if any, of such recommendations, within a period of one year from the date of receipt of such report.

Power to 14. (1) The Central Government may, by notification in the Official Gazette, make rules make rules for carrying out the purposes of this Act. and regulations. (2) The Commission may, with the approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of implementing the provisions of this Act.

(3) Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or 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 regulation or both the Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in a such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 111

(2) The accounts of the Commission shall be audited by the Comptroller 15. The provisions of this Act and rules made thereunder shall have effect Act to have an and Auditor-General at such intervals as may be specified by him and notwithstanding anything inconsistent therewith contained in any other overriding effect.

any expenditure incurred in connection with such audit shall be payable law for the time being in force. by the Commission to the Comptroller and Auditor-General.

16. If any difficulty arises in giving effect to the provisions of this Act, the Power to

(3) The Comptroller and Auditor-General and any person appointed by Central Government may, by order, make such provisions, as may be remove him in connection with the audit of the accounts of the Commission necessary for removing the difficulty. difficulties.

under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.

(4) The accounts of the Commission, as certified by the Comptroller and Auditor-General or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Commission and the Central Government shall cause the same to be laid before both Houses of Parliament.

Annual 13. (1) The Commission shall prepare every year, in such form and within Report. such time as may be prescribed by the Central Government, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government.

(2) The Central Government shall cause to be laid before each House of Parliament along with a memorandum on the action taken or proposed to be taken on the recommendations of the Commission relating to the Union and the reasons for non-acceptance, if any, of such recommendations, within a period of one year from the date of receipt of such report.

(3) Where the report or any of its part is related to any issues connected with the State Government, a copy of such report shall be forwarded to the Governor of that State, who shall in turn cause it to be laid before the Legislature of the State concerned, along with an explanatory memorandum on the action taken or proposed to be taken on the recommendations related to the State, and reasons for non-acceptance, if any, of such recommendations, within a period of one year from the date of receipt of such report.

Power to 14. (1) The Central Government may, by notification in the Official Gazette, make rules make rules for carrying out the purposes of this Act. and regulations. (2) The Commission may, with the approval of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of implementing the provisions of this Act.

(3) Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or 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 regulation or both the Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in a such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.112 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— STATEMENT OF OBJECTS AND REASONS Agriculture continues to be the backbone of the Indian economy, with small and marginal farmers contributing substantially to national food security. Over the years, there has been a steady decline in the size of farm holdings, compelling rural households to diversify their sources of income. As male members from resource-poor farm families increasingly migrate to urban areas in search of employment, women are assuming an integral role in agricultural production and allied activities, leading to the feminization of agriculture. Women farmers play a critical role in crop cultivation, animal husbandry, fisheries, seed conservation and post-harvest processing. Despite their central contribution to food production and rural livelihoods, women farmers continue to face structural and systemic disadvantages. These include lack of legal recognition as farmers, insecure or absent land titles, limited access to institutional credit, insurance, technology, extension services, inputs and markets, and inadequate representation in decision- making processes related to agriculture and rural development.

Recognizing the importance of addressing gender-specific constraints faced by women farmers, the Fourth World Conference on Women held at Beijing in 1995 urged States to take affirmative measures to strengthen women’s access to productive resources and legal entitlements. India has also initiated several policy measures, including the Mahila Kisan Sashaktikaran Pariyojana, to enhance the economic empowerment of women in agriculture. However, the absence of a dedicated statutory body has resulted in fragmented implementation and inadequate enforcement of women farmers’ rights and welfare measures.

Therefore, it is considered necessary to establish a National Commission for ensuring the entitlements and welfare of women farmers. The proposed Commission will function as an independent statutory body to safeguard the welfare, secure the legal entitlements, and promote the social, economic and legal empowerment of women farmers across the country. The Bill seeks to give effect to the aforesaid objectives and to implement India’s constitutional obligations under Articles 14, 15, 21, 38, 39 and 253 of the Constitution of India, as well as its international commitments relating to gender equality and women’s rights.

Hence, this Bill.

SANDOSH KUMAR P.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 113 STATEMENT OF OBJECTS AND REASONS FINANCIAL MEMORANDUM Agriculture continues to be the backbone of the Indian economy, with small Clause 3 of the Bill provides for the establishment of the National and marginal farmers contributing substantially to national food security. Over Commission for the Entitlements and Welfare of Women Farmers, its head the years, there has been a steady decline in the size of farm holdings, compelling office, regional offices as well as appointment of a Chairperson, members, rural households to diversify their sources of income. As male members from member-secretary, officers, staff and experts to the Commission, their salaries resource-poor farm families increasingly migrate to urban areas in search of and allowances and other terms and conditions of service. Clause 7 provides for employment, women are assuming an integral role in agricultural production and functions of the Commission, which inter alia, provides for conducting annual allied activities, leading to the feminization of agriculture. Women farmers play a survey of women farmers in the country as well as preparing a database of critical role in crop cultivation, animal husbandry, fisheries, seed conservation women farmers in the country. Clause 8 provides for constitution of a Central and post-harvest processing. Despite their central contribution to food production Women Farmers Agricultural Development Fund for the effective functioning and rural livelihoods, women farmers continue to face structural and systemic of the Commission. Clause 11 provides for Central Government to provide such disadvantages. These include lack of legal recognition as farmers, insecure or sums of money as required for the purposes of the Bill.

absent land titles, limited access to institutional credit, insurance, technology, The Bill, therefore, if enacted, will involve expenditure, both of recurring extension services, inputs and markets, and inadequate representation in decision- and non-recurring nature, from the Consolidated Fund of India. However, it is making processes related to agriculture and rural development.

not possible at this stage, to make an exact estimate of the expenditure likely to Recognizing the importance of addressing gender-specific constraints faced be involved. by women farmers, the Fourth World Conference on Women held at Beijing in 1995 urged States to take affirmative measures to strengthen women’s access to productive resources and legal entitlements. India has also initiated several policy measures, including the Mahila Kisan Sashaktikaran Pariyojana, to enhance the economic empowerment of women in agriculture. However, the absence of a dedicated statutory body has resulted in fragmented implementation and inadequate enforcement of women farmers’ rights and welfare measures.

Therefore, it is considered necessary to establish a National Commission for ensuring the entitlements and welfare of women farmers. The proposed Commission will function as an independent statutory body to safeguard the welfare, secure the legal entitlements, and promote the social, economic and legal empowerment of women farmers across the country. The Bill seeks to give effect to the aforesaid objectives and to implement India’s constitutional obligations under Articles 14, 15, 21, 38, 39 and 253 of the Constitution of India, as well as its international commitments relating to gender equality and women’s rights.

Hence, this Bill.

SANDOSH KUMAR P.114 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 14 of the Bill empowers the Central Government to make rules and the National Commission for the Entitlements and Welfare of Women Farmers to frame regulations for carrying out the purposes of the Bill. Clause 16 empowers the Central Government to issue orders for removing difficulties in giving effect to the provisions of the Bill.

As the rules or regulations will relate to matters of detail only, the delegation of legislative power is of a normal character.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 115 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 14 of the Bill empowers the Central Government to make rules and the National Commission for the Entitlements and Welfare of Women Farmers to frame regulations for carrying out the purposes of the Bill. Clause 16 empowers the Central Government to issue orders for removing difficulties in giving effect to the provisions of the Bill.

As the rules or regulations will relate to matters of detail only, the delegation of legislative power is of a normal character.

XV Bill No. XXXIV of 2026 A Bill to establish and incorporate a Central Nursing University at Kannur in the State of Kerala to promote nursing education, training, research and leadership development, committed to the highest standards of academic rigour, professional ethics and social responsibility and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic of

India as follows:–

1. (1) This Act may be called the Central Nursing University Act, 2026. Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.116 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Definitions. 2. In this Act, and in all Statutes made hereunder, unless the context otherwise requires,—

(a) "Academic Council" means the Academic Council of the University;

(b) "academic staff'" means such categories of staff as are designated as academic staff by the Ordinances;

(c) "Board of Studies" means the Board of Studies of a Department of the University;

(d) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice- Chancellor of the University;

(e) "College" means a college maintained by the University;

(f) “Court” means the Court of the University;

(g) "Department" means a Department of Studies and includes a Centre of Studies;

(h) "employee" means any person appointed by the University and includes teachers and other staff of the University;

(i) "Executive Council" means the Executive Council of the University;

(j) "Faculty" means a Faculty of the University;

(k) "Finance Committee" means the Finance Committee of the University;

(l) “Fund” means the University Fund referred to in section 26;

(m) "Institution" means an academic institution, not being a College, maintained by, or admitted to the privileges of, the University;

(n) “Outlying Campus” means the campus of the University as may be established by it at any place within or outside India;

(o) “Regional Centre” means a centre established or maintained by the University for the purpose of coordinating and supervising the work of Study Centres in any region and for performing such other functions as may be conferred on such centre by the Executive Council;

(p) "Regulations" means the Regulations made under this Act by any authority of the University specified in section 19;

(q) "Statutes" and "Ordinances" mean, respectively, the Statutes and the Ordinances of the University, for the time being in force;

(r) "Study Centre" means a centre established, maintained or recognised by the University for the purpose of advising, counselling, training or for rendering any other assistance required by the students;

(s) "teachers of the University" means Professors, Associate Professors, Assistant Professors and such other persons as may be appointed for imparting instructions, training or conducting research in the University or in any Outlying Campus, College or Institution or Regional Centres and Study Centres, maintained by the University and are designated as teachers by the Ordinances;

(t) "University" means the Central Nursing University as established and incorporated under this Act; and

(u) “Visitor” means the Visitor of the University.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 117 Definitions. 2. In this Act, and in all Statutes made hereunder, unless the context otherwise 3. (1) There shall be established a University by the name of “The Central Establishment of requires,— Nursing University”. University.

(a) "Academic Council" means the Academic Council of the (2) The headquarters of the University shall be at Kannur in the State University; of Kerala and it may establish or maintain Outlying Campuses, Colleges, Regional Centres and Study Centres at such other places in

(b) "academic staff'" means such categories of staff as are

India as it may deem fit: designated as academic staff by the Ordinances;

Provided that the University may, with the prior approval of

(c) "Board of Studies" means the Board of Studies of a the Central Government, also establish or maintain Outlying Department of the University; Campuses and Study Centres outside India.

(d) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" (3) The first Chancellor, the first Vice-Chancellor and the first mean, respectively, the Chancellor, Vice-Chancellor and Pro-Vice- members of the Court, the Executive Council and the Academic Chancellor of the University; Council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership,

(e) "College" means a college maintained by the University; are hereby constituted a body corporate by the name of “The Central

(f) “Court” means the Court of the University; Nursing University”.

(4) The University shall be a body corporate having perpetual succession

(g) "Department" means a Department of Studies and includes a and a common seal with power, subject to the provisions of this Act, to Centre of Studies; acquire, hold and dispose of property and to contract, and shall, by the said

(h) "employee" means any person appointed by the University and name, sue or be sued. includes teachers and other staff of the University;

4. The objects of the University shall be — Objects of

(i) "Executive Council" means the Executive Council of the University.

(a) to promote advanced, multidisciplinary and competency-based University; nursing education at undergraduate, postgraduate, doctoral and post-

(j) "Faculty" means a Faculty of the University; doctoral levels, with a focus on strengthening India’s public health system and universal health coverage;

(k) "Finance Committee" means the Finance Committee of the University; (b) to establish a national centre of excellence for nursing education, training, research and leadership development, committed to

(l) “Fund” means the University Fund referred to in section 26; the highest standards of academic rigor, professional ethics and social responsibility;

(m) "Institution" means an academic institution, not being a College, maintained by, or admitted to the privileges of, the University; (c) to develop highly skilled nurse educators, nurse practitioners, nurse researchers and nurse leaders capable of responding to the

(n) “Outlying Campus” means the campus of the University as evolving health-care needs of the country, including primary health may be established by it at any place within or outside India; care, maternal and child health, geriatric care, mental health, critical

(o) “Regional Centre” means a centre established or maintained care and community health nursing; by the University for the purpose of coordinating and supervising the

(d) to promote cutting-edge research and innovation in nursing work of Study Centres in any region and for performing such other and allied health sciences, evidence-based practice, health systems functions as may be conferred on such centre by the Executive Council;

strengthening and health policy, with special emphasis on context- specific solutions for India and other developing countries;

(p) "Regulations" means the Regulations made under this Act by any authority of the University specified in section 19; (e) to serve as a national resource centre for curriculum development, standard-setting, faculty development and continuing

(q) "Statutes" and "Ordinances" mean, respectively, the Statutes professional education in nursing, in coordination with regulatory and the Ordinances of the University, for the time being in force; bodies and health institutions;

(r) "Study Centre" means a centre established, maintained or

(f) to foster equity, inclusion and gender justice in nursing recognised by the University for the purpose of advising, counselling, education and practice, and to enhance the professional status, career training or for rendering any other assistance required by the students;

progression and leadership opportunities of nurses, particularly women;

(s) "teachers of the University" means Professors, Associate

(g) to integrate education, service and research through strong Professors, Assistant Professors and such other persons as may be partnerships with hospitals, public health institutions, community appointed for imparting instructions, training or conducting research in health systems and national health programmes;

the University or in any Outlying Campus, College or Institution or Regional Centres and Study Centres, maintained by the University and (h) to promote the use of digital technologies, simulation-based are designated as teachers by the Ordinances; training and modern pedagogical methods to improve the quality, accessibility and effectiveness of nursing education and training;

(t) "University" means the Central Nursing University as established and incorporated under this Act; and (i) to strengthen international collaboration and exchange in nursing education and research, positioning India as a global hub for

(u) “Visitor” means the Visitor of the University. high-quality nursing education and workforce development; and118 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(j) to contribute to national health priorities and sustainable development goals by producing a competent, ethical and socially accountable nursing workforce dedicated to improving health outcomes for all.

Powers and 5. (1) The University shall have the following powers and functions,

functions of namely:— University.

(a) to provide instruction, teaching, training and research in nursing and allied health sciences at undergraduate, postgraduate, doctoral and post-doctoral levels;

(b) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on, persons, on the basis of examination, evaluation or any other method of testing, and to withdraw any such diplomas, certificates, degrees or other academic distinction for good and sufficient cause;

(c) to establish, maintain and administer faculties, schools, departments, colleges, constituent institutions, teaching hospitals, and such centers and specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;

(d) to establish and maintain, with the prior approval of the Central Government, such Outlying Campuses, Regional Centres, specialised laboratories or other units for research, instruction and training as are, in the opinion of the University, necessary for the furtherance of its objects;

(e) to establish, maintain or recognise Study Centres in the manner laid down by the Statutes;

(f) to prescribe courses of study, curricula, syllabi, methods of teaching, training and evaluation, and to conduct examinations and assessments in accordance with academic standards and regulatory norms;

(g) to recognize institutions, hospitals and health facilities for clinical training, internship, residency and field practice in nursing and allied health sciences;

(h) to undertake, promote and coordinate research, innovation and consultancy in nursing education, clinical practice, public health, health systems and health policy, and to publish the results thereof;

(i) to collaborate with national and international universities, research institutions, professional bodies, government agencies and multilateral organizations for academic exchange, joint programmes, research and capacity building;

(j) to function as a national resource and advisory institution for nursing education, workforce development and professional standards, and to provide expert advice to the Central and State Governments and statutory bodies;

(k) to institute professorships, fellowships, scholarships, studentships, prizes and other academic awards for the promotion of excellence in nursing education and research;

(l) to appoint teachers, officers, nurses, researchers, other academic staff and other employees of the University and to define their duties, terms and conditions of service in accordance with the Statutes;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 119

(j) to contribute to national health priorities and sustainable (m) to establish and maintain teaching hospitals, community development goals by producing a competent, ethical and socially health centres and outreach units, or to enter into arrangements with accountable nursing workforce dedicated to improving health outcomes existing health institutions for the purpose of education, training and for all. research;

Powers and 5. (1) The University shall have the following powers and functions, (n) to admit students from across the country and abroad, in

functions of namely:— accordance with such criteria as may be prescribed, ensuring equity, University. inclusion and merit-based access.

(a) to provide instruction, teaching, training and research in nursing and allied health sciences at undergraduate, postgraduate, (o) to create, manage and administer endowments, grants, trusts doctoral and post-doctoral levels; and funds, including research and development funds, for the furtherance of the objectives of the University;

(b) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other (p) to acquire, hold, lease, mortgage or dispose of movable and academic distinctions on, persons, on the basis of examination, immovable property, and to enter into contracts and agreements evaluation or any other method of testing, and to withdraw any such necessary for carrying out the purposes of the University;

diplomas, certificates, degrees or other academic distinction for good and sufficient cause; (q) to receive grants, donations, gifts and other contributions from the Central Government, State Governments, national and international

(c) to establish, maintain and administer faculties, schools, agencies, subject to such conditions as may be prescribed; departments, colleges, constituent institutions, teaching hospitals, and such centers and specialised laboratories or other units for research and (r) to frame Statutes, Ordinances and Regulations consistent with instruction as are, in the opinion of the University, necessary for the this Act for the governance, administration and academic functioning furtherance of its objects; of the University;

(d) to establish and maintain, with the prior approval of the (s) to establish mechanisms for quality assurance, accreditation, Central Government, such Outlying Campuses, Regional Centres, ethical standards, grievance redressal and internal accountability;

specialised laboratories or other units for research, instruction and

(t) to promote continuing nursing education, in-service training training as are, in the opinion of the University, necessary for the and capacity building for nursing professionals in the country; furtherance of its objects;

(u) to take all such measures as may be necessary to promote

(e) to establish, maintain or recognise Study Centres in the professional ethics, social accountability and public service among manner laid down by the Statutes; nursing professionals; and

(f) to prescribe courses of study, curricula, syllabi, methods of

(v) to do all such other acts and things as may be necessary or teaching, training and evaluation, and to conduct examinations and incidental to the attainment of the objects of the University. assessments in accordance with academic standards and regulatory norms;

(2) In exercising its powers referred to in sub-section (1), it shall be the

(g) to recognize institutions, hospitals and health facilities for endeavour of the University to maintain an all-India character and high clinical training, internship, residency and field practice in nursing and standards of teaching, training and research, and the University shall, among allied health sciences; other measures which may be necessary for the said purpose, take, in particular, the following measures, namely:—

(h) to undertake, promote and coordinate research, innovation and consultancy in nursing education, clinical practice, public health, health (a) admission of students and recruitment of faculty shall be made systems and health policy, and to publish the results thereof; on all-India basis;

(i) to collaborate with national and international universities, (b) admissions of students shall be made on merit, either through research institutions, professional bodies, government agencies and Common Entrance Tests conducted individually by the University or in multilateral organizations for academic exchange, joint programmes, combination with other Universities, or on the basis of marks obtained research and capacity building; in the qualifying examinations in such courses where the intake of students is small;

(j) to function as a national resource and advisory institution for nursing education, workforce development and professional standards, (c) inter-University mobility of Faculty shall be encouraged; and to provide expert advice to the Central and State Governments and statutory bodies;

(d) semester system, continuous evaluation and choice-based credit system shall be introduced and the University shall enter into

(k) to institute professorships, fellowships, scholarships, agreements with other Universities and academic institutions for credit studentships, prizes and other academic awards for the promotion of transfer and joint degree programmes;

excellence in nursing education and research;

(e) innovative courses and programmes of studies shall be

(l) to appoint teachers, officers, nurses, researchers, other introduced with provision for periodic review and restructuring; academic staff and other employees of the University and to define their duties, terms and conditions of service in accordance with the (f) active participation of students shall be ensured in all academic Statutes; activities of the University, including evaluation of teachers;120 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(g) accreditation shall be obtained from the National Assessment and Accreditation Council or any other accrediting agency at the national level; and

(h) e-governance shall be introduced with an effective management information system.

Jurisdiction. 6. The University shall in the exercise of its powers have jurisdiction over the whole of India and to Outlying Campuses and Study Centres outside India.

University to 7. The University shall be open to persons of any sex and of whatever caste, be open to all creed, race or class, and it shall not be lawful for the University to adopt or castes, creed, impose on any person, any test whatsoever of religious belief or profession race or class.

in order to entitle such person to be appointed as a teacher of the University or to hold any other office therein or to be admitted as a student in the University or to graduate there at or to enjoy or exercise any privilege

thereof:

Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally

backward classes of citizens:

Provided further that no such special provision shall be made on the ground of domicile.

Visitor of 8. (1) The President of India shall be the Visitor of the University.

University.

(2) The Visitor shall have such powers as may be prescribed by the Statutes.

Officers of 9. The following shall be the officers of the University, namely:— University.

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) the Pro-Vice-Chancellor;

(d) the Deans of Schools;

(e) the Registrar;

(f) the Finance Officer;

(g) the Controller of Examinations;

(h) the Librarian; and

(i) such other officers as may be declared by the Statutes to be the officers of the University.

Chancellor. 10. (1) The Chancellor shall be appointed by the Visitor in such manner and on such terms and conditions of service as may be prescribed by the Statutes.

(2) The Chancellor shall, by virtue of his office, be the head of the University and shall, if present, preside at the Convocations of the University held for conferring degrees and other ceremonial functions and also the meetings of the Court Vice- 11. (1) The Vice-Chancellor shall. be appointed by the Visitor in such manner Chancellor. and on such terms and conditions of service as may be prescribed by the Statutes.

(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 121

(g) accreditation shall be obtained from the National Assessment (3) The Vice-Chancellor shall exercise such other powers and perform such and Accreditation Council or any other accrediting agency at the other duties as may be prescribed by the Statutes or the Ordinances.

national level; and

12. The Pro-Vice-Chancellor shall be appointed in such manner and on such Pro-Vice-

(h) e-governance shall be introduced with an effective terms and conditions of service, and shall exercise such powers and perform Chancellor. management information system. such duties, as may be prescribed by the Statutes.

Jurisdiction. 6. The University shall in the exercise of its powers have jurisdiction over the

13. Every Dean of School shall be appointed in such manner, and on such terms Deans of whole of India and to Outlying Campuses and Study Centres outside India. and conditions of service, and shall exercise such powers and perform such Schools.

University to 7. The University shall be open to persons of any sex and of whatever caste, duties, as may be prescribed by the Statutes. be open to all creed, race or class, and it shall not be lawful for the University to adopt or castes, creed, 14. (1) The Registrar shall be appointed in such manner and on such terms and Registrar.

impose on any person, any test whatsoever of religious belief or profession race or class. conditions of service as may be prescribed by the Statutes. in order to entitle such person to be appointed as a teacher of the University or to hold any other office therein or to be admitted as a student in the

(2) The Registrar shall have the power to enter into agreements, sign University or to graduate there at or to enjoy or exercise any privilege documents and authenticate records on behalf of the University, and shall

thereof: exercise such powers and perform such duties as may be prescribed by the

Provided that nothing in this section shall be deemed to prevent Statutes. the University from making special provisions for the employment or

15. The Finance Officer shall be appointed in such manner, and on such terms Finance Officer. admission of women, persons with disabilities or of persons belonging and conditions of service, and shall exercise such powers and perform such to the weaker sections of the society and, in particular, of the Scheduled duties, as may be prescribed by the Statutes.

Castes, the Scheduled Tribes and the other socially and educationally

backward classes of citizens:

16. The Controller of Examinations shall be appointed in such manner, and on Controller of such terms and conditions of service, and shall exercise such powers and Examinations.

Provided further that no such special provision shall be made on the ground of domicile. perform such duties, as may be prescribed by the Statutes.

Visitor of 8. (1) The President of India shall be the Visitor of the University. 17. The Librarian shall be appointed in such manner and on such terms and Librarian.

University. conditions of service, and shall exercise such powers and perform such

(2) The Visitor shall have such powers as may be prescribed by the Statutes. duties, as may be prescribed by the Statutes.

O Unff ii vc ee rr ss i to yf . 9. The following shall be the officers of the University, namely:— 18. The manner of appointment, terms and conditions of service and powers and Other Officers.

(a) the Chancellor; duties of other officers of the University shall be such as may be prescribed by the Statutes.

(b) the Vice-Chancellor;

(c) the Pro-Vice-Chancellor;

19. The following shall be the authorities of the University, namely:— Authorities of University.

(a) the Court;

(d) the Deans of Schools;

(b) the Executive Council;

(e) the Registrar;

(c) the Academic Council;

(f) the Finance Officer;

(d) the Board of Studies;

(g) the Controller of Examinations;

(e) the Finance Committee; and

(h) the Librarian; and

(f) such other authorities as may be declared by the Statutes to be

(i) such other officers as may be declared by the Statutes to be the the authorities of the University. officers of the University.

20. (1) The constitution of the Court and the term of office of its members shall Chancellor. 10. (1) The Chancellor shall be appointed by the Visitor in such manner and on The Court.

be prescribed by the Statutes: such terms and conditions of service as may be prescribed by the Statutes.

Provided that such number of members, as may be prescribed by

(2) The Chancellor shall, by virtue of his office, be the head of the the Statutes, shall be elected from among the teachers, employees and University and shall, if present, preside at the Convocations of the students of the University.

University held for conferring degrees and other ceremonial functions and also the meetings of the Court (2) Subject to the provisions of this Act, the Court shall have the following powers and, functions, namely:— Vice- 11. (1) The Vice-Chancellor shall. be appointed by the Visitor in such manner Chancellor. and on such terms and conditions of service as may be prescribed by the (a) to review, from time to time, the broad policies and Statutes. programmes of the University and to suggest measures for the improvement and development of the University;

(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control

(b) to consider and pass resolutions on the annual report and the annual accounts of the University and the audit report on such over the affairs of the University and give effect to the decisions of all the accounts;

authorities of the University.122 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(c) to advise the Visitor in respect of any matter which may be referred to it for advice; and

(d) to perform such other functions as may be prescribed by the Statutes.

Executive 21. (1) The Executive Council shall be the principal executive body of the Council. University.

(2) The constitution of the Executive Council, the term of office of its

members and its powers and functions shall be prescribed by the Statutes:

Provided that the Executive Council shall have adequate number

of women members:

Provided further that such number of members as may be prescribed by the Statutes shall be from among the elected members of the Court.

Academic 22. (1) The Academic Council shall be the principal academic body of the Council. University and shall, subject to the provisions of this Act, the Statutes and the Ordinances made thereunder, co-ordinate and exercise general supervision over the academic policies of the University.

(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be such as may be prescribed

by the Statutes:

Provided that the Academic Council shall have such number of members as may be prescribed by the Statutes from among the elected members of the Court.

Board of 23. The constitution of the Board of Studies, the term of office of its members Studies. and its powers and functions shall be such as may be prescribed by the Statutes.

Finance 24. The constitution of the Finance Committee, the term of office of its Committee. members and its powers and functions shall be such as may be prescribed by the Statutes.

Other 25. The constitution, powers and functions of other authorities, as may be authorities of declared by the Statutes to be the authorities of the University, shall be University. prescribed by the Statutes.

Fund of 26. (1) There shall be a University Fund which shall include–– University.

(a) any contribution or grant made by the Central Government;

(b) any contribution or grant made by the State Government;

(c) any contribution made by Government, semi-Government or autonomous bodies;

(d) any gifts, bequests, donations, endowments or other grants;

(e) income received by the University from fees and charges;

(f) income received by the University from undertaking projects and consultancy services;

(g) money received by the University from the collaborating industries, co-operative societies, federations, unions and other organisations in terms of the provisions of the Memorandum of Understanding between the University and such collaborating industry, co-operative society, federation, union or other organization; and

(h) money received from any other source, provided that any funding from foreign sources shall require prior approval of the Central Government.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 123

(c) to advise the Visitor in respect of any matter which may be (2) All funds of the University shall be deposited in such banks or invested referred to it for advice; and in such manner as the Executive Council may decide on the recommendation of the Finance Committee.

(d) to perform such other functions as may be prescribed by the Statutes. (3) The funds of the University shall be applied towards meeting the expenses of the University including expenses incurred in the exercise of its Executive 21. (1) The Executive Council shall be the principal executive body of the Council. University. powers and discharge of its functions by or under this Act.

(4) The University, at all times, shall strive to be self-sufficient in meeting

(2) The constitution of the Executive Council, the term of office of its

members and its powers and functions shall be prescribed by the Statutes: its expenses and shall, while launching new courses or programmes, establishing new schools or other infrastructure, creating or filling posts,

Provided that the Executive Council shall have adequate number incurring recurring or non-recurring expenses and creating any other

of women members: financial liability, take into account financial resources that are either

Provided further that such number of members as may be available with the University or tied up with stakeholders or any other prescribed by the Statutes shall be from among the elected members of source.

the Court.

27. Subject to the provisions of this Act, the Statutes may provide for all or any Power to make Academic 22. (1) The Academic Council shall be the principal academic body of the of the following matters, namely:— Statutes.

Council. University and shall, subject to the provisions of this Act, the Statutes and

(a) the constitution, powers and functions of authorities and other the Ordinances made thereunder, co-ordinate and exercise general bodies of the University, as may be constituted from time to time; supervision over the academic policies of the University.

(2) The constitution of the Academic Council, the term of office of its

(b) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, members and its powers and functions shall be such as may be prescribed and all other matters relating to those authorities and other bodies for

by the Statutes: which it may be necessary or desirable to provide;

Provided that the Academic Council shall have such number of

(c) the withdrawal of degrees, diplomas, certificates and other members as may be prescribed by the Statutes from among the elected academic distinctions; and members of the Court.

(d) all other matters which by this Act are to be, or may be, Board of 23. The constitution of the Board of Studies, the term of office of its members

provided for by the Statutes.

Studies. and its powers and functions shall be such as may be prescribed by the Statutes.

28. (1) Subject to the provisions of this Act and the Statutes, the Ordinances Power to make may provide for all or any of the following matters, namely:— Ordinances.

Finance 24. The constitution of the Finance Committee, the term of office of its Committee. members and its powers and functions shall be such as may be prescribed (a) the admission of students to the University and their enrolment by the Statutes. as such;

Other 25. The constitution, powers and functions of other authorities, as may be (b) the courses of study to be laid down for all degrees, diplomas authorities of declared by the Statutes to be the authorities of the University, shall be and certificates of the University;

University. prescribed by the Statutes.

(c) the establishment of Centers of Studies, Boards of Studies and Fund of 26. (1) There shall be a University Fund which shall include–– other Committees; and University.

(a) any contribution or grant made by the Central Government; (d) all other matters which by this Act or the Statutes, are to be, or may be, provided for by the Ordinances.

(b) any contribution or grant made by the State Government;

(2) The first Ordinances shall be made by the Vice-Chancellor with the

(c) any contribution made by Government, semi-Government or previous approval of the Executive Council and the Ordinances so made autonomous bodies; may also be amended, repealed or added to at any time by the Executive

(d) any gifts, bequests, donations, endowments or other grants; Council in the manner prescribed by the Statutes.

(e) income received by the University from fees and charges;

29. The authorities of the University may make Regulations, consistent with the Regulations.

(f) income received by the University from undertaking projects provisions of this Act, the Statutes and the Ordinances made thereunder, for and consultancy services; the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the

(g) money received by the University from the collaborating Ordinances made thereunder, in the manner prescribed by the Statutes. industries, co-operative societies, federations, unions and other organisations in terms of the provisions of the Memorandum of

30. (1) The annual report of the University shall be prepared under the Annual report.

Understanding between the University and such collaborating industry, directions of the Executive Council, which shall include, among other co-operative society, federation, union or other organization; and matters, the steps taken by the University towards the fulfillment of its objects and shall be submitted to the Court after the approval of the

(h) money received from any other source, provided that any Executive Council on or before such date as may be prescribed by the funding from foreign sources shall require prior approval of the Central Statutes and the Court shall consider the report in its annual meeting.

Government.124 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(2) The Court shall submit the annual report to the Visitor along with its comments, if any, on or before such date as may be prescribed.

(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be after it is submitted, cause the same to be laid before both Houses of Parliament.

Annual 31. (1) The annual accounts and balance sheet of the University shall be accounts. prepared under the directions of the Executive Council and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise on his behalf.

(2) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the University shall have the same rights, privileges and authority in connection with such audit as the Comptroller and Auditor-General of India has in connection with the audit of the Government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the University.

(3) A copy of the annual accounts of the University as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be submitted to the Court and the Visitor along with the observations of the Executive Council.

(4) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, shall, after being considered by the Executive Council, be submitted to the Visitor.

(5) A copy of the annual accounts together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.

Returns and 32. The University shall furnish to the Central Government such returns or information. other information with respect to its property or activities as the Central Government may, from time to time, require, within such period as may be specified by the Central Government.

Condition of 33. (1) Every employee of the University shall be appointed under a written service of contract, which shall be lodged with the University and a copy of which employees. shall be furnished to the employee concerned.

(2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor.

(3) The decision of the Tribunal shall be final and no suit shall lie in any

civil court in respect of the matters decided by the Tribunal:

Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under articles 32 and 226 of the Constitution.

(4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996. 26 of 1996.

(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 125

(2) The Court shall submit the annual report to the Visitor along with its 34. (1) Every employee or student of the University or of a College or an Right to appeal. comments, if any, on or before such date as may be prescribed. Institution or a Regional Centre or a Study Centre established or maintained by the University shall, notwithstanding anything contained in this Act,

(3) A copy of the annual report, as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be have a right to appeal within such time as may be prescribed by the Statutes, after it is submitted, cause the same to be laid before both Houses of to the Executive Council against the decision of any officer or authority of Parliament.

the University, or of the Principal or the management of any College or Institution or Regional Centre or Study Centre, as the case may be, and Annual 31. (1) The annual accounts and balance sheet of the University shall be thereupon the Executive Council may confirm, modify or reverse the accounts. prepared under the directions of the Executive Council and shall, once at decision appealed against.

least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he (2) The form, manner and the procedure for filing and disposing of appeal may authorise on his behalf. referred to in sub-section (1) shall be such as may be provided by the

(2) The Comptroller and Auditor-General of India and any person appointed Statutes. by him in connection with the audit of the accounts of the University shall 35. All casual vacancies among the members (other than ex officio members) of Filling of casual have the same rights, privileges and authority in connection with such audit any authority or other body of the University shall be filled, as soon as may vacancies.

as the Comptroller and Auditor-General of India has in connection with the be, by the person or body who appoints, elects or co-opts the member whose audit of the Government accounts, and, in particular, shall have the right to place has become vacant and the person appointed, elected or co-opted to a demand the production of books, accounts, connected vouchers and other casual vacancy shall be a member of such authority or body for the residue documents and papers and to inspect the offices of the University.

of the term for which the person whose place he fills would have been a

(3) A copy of the annual accounts of the University as certified by the member.

Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be submitted 36. No act or proceedings of any authority or other body of the University shall Proceedings of to the Court and the Visitor along with the observations of the Executive be invalid merely by reason of the existence of a vacancy or vacancies authorities or bodies not Council. among its members. invalidated by vacancies.

(4) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Court and the observations of the Court, if any, 37. The Executive Council may appoint a person of high academic distinction Special mode of shall, after being considered by the Executive Council, be submitted to the and professional attainments to accept a post of Professor or Associate appointment.

Visitor. Professor or any other equivalent academic post in the University on such

terms and conditions as it deems fit:

(5) A copy of the annual accounts together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, Provided that the Executive Council may also create which shall, as soon as may be, cause the same to be laid before both supernumerary posts for a specified period for appointment of such Houses of Parliament. persons.

Returns and 32. The University shall furnish to the Central Government such returns or 38. (1) An authority of the University may appoint as many standing or special Committee. information. other information with respect to its property or activities as the Central Committees as it may deem fit, and may appoint to such Committees Government may, from time to time, require, within such period as may be persons who are not members of such authority.

specified by the Central Government.

(2) A Committee appointed under sub-section (1) may deal with any subject Condition of 33. (1) Every employee of the University shall be appointed under a written delegated to it, subject to subsequent confirmation by the authority service of contract, which shall be lodged with the University and a copy of which employees. appointing it.

shall be furnished to the employee concerned.

(2) Any dispute arising out of the contract between the University and any 39. The Executive Council may, on the recommendation of the Academic Honorary employee shall, at the request of the employee, be referred to a Tribunal of Council and by a resolution passed by a majority of not less than two-thirds degrees.

Arbitration consisting of one member appointed by the Executive Council, of the members present and voting, make proposals to the Visitor for the

one member nominated by the employee concerned and an umpire conferment of honorary degrees: appointed by the Visitor.

Provided that in case of emergency, the Executive Council may,

(3) The decision of the Tribunal shall be final and no suit shall lie in any on its own motion, make such proposals.

civil court in respect of the matters decided by the Tribunal:

Provided that nothing in this sub-section shall preclude the employee from

40. Convocations of the University for the conferring of degrees shall be held in Convocations. such manner as may be prescribed by the Ordinances. availing of the judicial remedies available under articles 32 and 226 of the Constitution. 41. There shall be an Alumni Association for the University. Alumni Association.

(4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section

42. There shall be constituted in the University, a Student's Council for every Students’ academic year, consisting of— Council. within the meaning of the Arbitration and Conciliation Act, 1996. 26 of 1996.

(a) the Dean of Students Welfare who shall be Chairperson of the

(5) The procedure for regulating the work of the Tribunal shall be Student Council; prescribed by the Statutes.126 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

(b) twenty-five students to be nominated by the Academic Council on the basis of merit in studies, sports and extra-curricular activities; and

(c) twenty-five elected representatives of students in the manner prescribed by the Ordinances.

Delegation of 43. Subject to the provisions of the Act and the Statutes, any officer or authority powers. of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.

Protection of 44. No suit or other legal proceeding shall lie against any officer or other action taken in employee of the University for anything which is in good faith done or good faith. intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.

Act not in 45. Save as otherwise provided, the provisions of this Act shall be in addition to derogation of and not in derogation of the University Grants Commission Act, 1956 and 3 of 1956. other laws.

any other law for the time being in force.

Power to 46. (1) If any difficulty arises in giving effect to the provisions of this Act, the remove Central Government may, by order published in the Official Gazette, make difficulties. such provisions, not inconsistent with the provisions of this Act, as may

appear to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.

(2) Every order made under sub-section (1) 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 order or both Houses agree that the order should not be made, the order 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 order.

Statutes, 47. (1) Every Statute, Ordinance or Regulation made under this Act shall be Ordinances and published in the Official Gazette.

Regulations to be published in (2) Every Statute, Ordinance or Regulation made under this Act shall be the Official laid, as soon as may be after it is made, before each House of Parliament, Gazette and to while it is in session, for a total period of thirty days which may be be laid before Parliament. 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 Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation.

(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statute, Ordinance or Regulation may be applicable.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 127

(b) twenty-five students to be nominated by the Academic 48. Notwithstanding anything contained in this Act and the Statutes,— Transitional Council on the basis of merit in studies, sports and extra-curricular provisions.

(a) the first Chancellor and first Vice-Chancellor shall be activities; and appointed by the Visitor in such manner and on such conditions as may

(c) twenty-five elected representatives of students in the manner be deemed fit and each of the said officer shall hold office for such prescribed by the Ordinances. term, not exceeding five years as may be specified by the Visitor;

Delegation of 43. Subject to the provisions of the Act and the Statutes, any officer or authority (b) the first Registrar and the first Finance Officer shall be powers. of the University may delegate his or its powers to any other officer or appointed by the Visitor and each of the said officers shall hold office authority or person under his or its respective control and subject to the for a term of three years;

condition that overall responsibility for the exercise of the powers so

(c) the first Court and the first Executive Council shall consist of delegated shall continue to vest in the officer or authority delegating such not more than thirty-One members and eleven members, respectively, powers.

who shall be nominated by the Central Government and shall hold Protection of 44. No suit or other legal proceeding shall lie against any officer or other office for a term of three years; and action taken in employee of the University for anything which is in good faith done or

(d) the first Academic Council shall consist of not more than good faith. intended to be done in pursuance of any of the provisions of this Act, the twenty-one members, who shall be nominated by the Central Statutes or the Ordinances.

Government and they shall hold office for a term of three years:

Act not in 45. Save as otherwise provided, the provisions of this Act shall be in addition to Provided that if any vacancy occurs in the above offices or derogation of and not in derogation of the University Grants Commission Act, 1956 and 3 of 1956. authorities, the same shall be filled by appointment by the Visitor other laws.

any other law for the time being in force. or nomination by the Central Government, as the case may be, in the manner prescribed by the Statutes.

Power to 46. (1) If any difficulty arises in giving effect to the provisions of this Act, the remove Central Government may, by order published in the Official Gazette, make difficulties. such provisions, not inconsistent with the provisions of this Act, as may

appear to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.

(2) Every order made under sub-section (1) 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 order or both Houses agree that the order should not be made, the order 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 order.

Statutes, 47. (1) Every Statute, Ordinance or Regulation made under this Act shall be Ordinances and published in the Official Gazette.

Regulations to be published in (2) Every Statute, Ordinance or Regulation made under this Act shall be the Official laid, as soon as may be after it is made, before each House of Parliament, Gazette and to while it is in session, for a total period of thirty days which may be be laid before Parliament. 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 Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Statute, Ordinance or Regulation.

(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statute, Ordinance or Regulation may be applicable.128 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— STATEMENT OF OBJECTS AND REASONS Kerala has historically played a pioneering role in the development of the nursing profession in India and globally. Since the 1960s, nurses from Kerala have opened new avenues of employment for Indian migrants across Europe, the United States of America and the Gulf Cooperation Council (GCC) countries. The nursing profession has made a significant contribution to the economic development of the State through remittance inflows, which form a major component of Kerala’s economy. Kerala is widely recognized for providing high-quality professional training in nursing, resulting in an unparalleled global demand for nurses from the State.

Despite this strong legacy and global demand, the number of nursing colleges and available seats in Kerala remain relatively low compared to the growing number of aspirants seeking nursing education. At present, the total number of nursing seats in the State is approximately 7,300, which is significantly below the demand from prospective students. Owing to the shortage of seats, a large number of students are compelled to pursue nursing education in neighbouring States such as Karnataka, Andhra Pradesh and Tamil Nadu, often incurring higher financial costs. Expansion of nursing education infrastructure within Kerala is, therefore, essential to meet the increasing demand and to reduce the financial burden on students and families.

In view of the above, it is considered necessary to establish a Central Nursing University in Kerala as a centre of excellence in nursing education, training, research and advanced clinical practice. Locating the University in Kannur will ensure balanced regional development by strengthening higher educational opportunities in North Kerala and improving access to nursing education for students from northern districts who currently depend on institutions in other States. Kannur offers adequate land availability for developing a comprehensive residential university campus with advanced training and research facilities. The district also has strong connectivity through an international airport, railways and national highways, making it accessible for students, faculty and global collaborations. Further, North Kerala has a long tradition of contributing to the global nursing workforce. Establishing a premier nursing institution in Kannur will strengthen skill development, support the State’s health-care system, and contribute to national and global demand for qualified nursing professionals.

On the whole, the University will expand access to high-quality nursing education, strengthen research and innovation in nursing and help address both domestic and global demand for skilled nursing professionals. The proposed legislation also seeks to promote equitable access to advanced nursing education, strengthen faculty development, enhance clinical training infrastructure, and position India as a global leader in nursing education and health workforce development.

Hence, the Bill.

SANDOSH KUMAR P.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 129 STATEMENT OF OBJECTS AND REASONS FINANCIAL MEMORANDUM Kerala has historically played a pioneering role in the development of the Clause 3 of the Bill seeks to establish a Central Nursing University as a body nursing profession in India and globally. Since the 1960s, nurses from Kerala have corporate at Kannur in the State of Kerala.

opened new avenues of employment for Indian migrants across Europe, the United It is expected that the proposed University would require about rupees one States of America and the Gulf Cooperation Council (GCC) countries. The nursing thousand crore during the next Plan period. The expenditure would be met from the profession has made a significant contribution to the economic development of the Consolidated Fund of India through the University Grants Commission under the State through remittance inflows, which form a major component of Kerala’s budgetary provisions of the Ministry of Education.

economy. Kerala is widely recognized for providing high-quality professional training in nursing, resulting in an unparalleled global demand for nurses from the State.

Despite this strong legacy and global demand, the number of nursing colleges and available seats in Kerala remain relatively low compared to the growing number of aspirants seeking nursing education. At present, the total number of nursing seats in the State is approximately 7,300, which is significantly below the demand from prospective students. Owing to the shortage of seats, a large number of students are compelled to pursue nursing education in neighbouring States such as Karnataka, Andhra Pradesh and Tamil Nadu, often incurring higher financial costs. Expansion of nursing education infrastructure within Kerala is, therefore, essential to meet the increasing demand and to reduce the financial burden on students and families.

In view of the above, it is considered necessary to establish a Central Nursing University in Kerala as a centre of excellence in nursing education, training, research and advanced clinical practice. Locating the University in Kannur will ensure balanced regional development by strengthening higher educational opportunities in North Kerala and improving access to nursing education for students from northern districts who currently depend on institutions in other States. Kannur offers adequate land availability for developing a comprehensive residential university campus with advanced training and research facilities. The district also has strong connectivity through an international airport, railways and national highways, making it accessible for students, faculty and global collaborations. Further, North Kerala has a long tradition of contributing to the global nursing workforce. Establishing a premier nursing institution in Kannur will strengthen skill development, support the State’s health-care system, and contribute to national and global demand for qualified nursing professionals.

On the whole, the University will expand access to high-quality nursing education, strengthen research and innovation in nursing and help address both domestic and global demand for skilled nursing professionals. The proposed legislation also seeks to promote equitable access to advanced nursing education, strengthen faculty development, enhance clinical training infrastructure, and position India as a global leader in nursing education and health workforce development.

Hence, the Bill.

SANDOSH KUMAR P.130 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— MEMORANDUM REGARDING DELEGATED LEGISLATION Sub-clause (2) of clause 28 of the Bill empowers the Vice-Chancellor to make the first Ordinances of the University with the previous approval of the Central Government and provides that the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes. The matters in respect of which Ordinances may be made, or as the case may be, amended, repealed or added to, relate to admission of students, courses of study, medium of instruction and examination, the manner of co-operation and collaboration with other Universities, institutions and other agencies, the setting up of a machinery for redressal of grievances of employees and other such matters.

Clause 29 of the Bill enables the authorities of the University to make Regulations, consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes.

Clause 43 empowers that any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.

Clause 46 empowers the Central Government, by order published in the Official Gazette, to make provisions to remove certain difficulties, which may appear to be necessary or expedient and such an order is not to be made after the expiry of a period of three years from the commencement of the Act and such order shall be laid before each House of Parliament.

Clause 47 provides that every Statute, Ordinance or Regulation made under the Act shall be published in the Official Gazette and they shall be laid before each House of Parliament.

As the matters in respect of which the Statutes, Ordinances or Regulations may be made relate to matters of procedure or detail only, the delegation of legislative powers is, therefore, of a normal character.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 131 MEMORANDUM REGARDING DELEGATED LEGISLATION Sub-clause (2) of clause 28 of the Bill empowers the Vice-Chancellor to make the first Ordinances of the University with the previous approval of the Central Government and provides that the Ordinances so made may be amended, repealed or added to at any time by the Executive Council in the manner prescribed by the Statutes. The matters in respect of which Ordinances may be made, or as the case may be, amended, repealed or added to, relate to admission of students, courses of study, medium of instruction and examination, the manner of co-operation and collaboration with other Universities, institutions and other agencies, the setting up of a machinery for redressal of grievances of employees and other such matters.

Clause 29 of the Bill enables the authorities of the University to make Regulations, consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes.

Clause 43 empowers that any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers.

Clause 46 empowers the Central Government, by order published in the Official Gazette, to make provisions to remove certain difficulties, which may appear to be necessary or expedient and such an order is not to be made after the expiry of a period of three years from the commencement of the Act and such order shall be laid before each House of Parliament.

Clause 47 provides that every Statute, Ordinance or Regulation made under the Act shall be published in the Official Gazette and they shall be laid before each House of Parliament.

As the matters in respect of which the Statutes, Ordinances or Regulations may be made relate to matters of procedure or detail only, the delegation of legislative powers is, therefore, of a normal character.

XVI Bill No. XXVII of 2026 A Bill further to amend the Right of Children to Free and Compulsory Education Act, 2009.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic of

India as follows:—

1. (1) This Act may be called the Right of Children to Free and Compulsory Short title and Education (Amendment) Act, 2026. commencement.

(2) It shall come into force at once.132 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Amendment 2. In section 23 of the Right of Children to Free and Compulsory Education Act, 35 of 2009. of section 23. 2009 (hereinafter referred to as the Principal Act),

(a) in sub-section (1), after the words “minimum qualifications”, the words “subject to the provisions of sub-sections (4), (5) and (6)” shall be inserted;

(b) in sub-section (2), the second proviso shall be omitted; and

(c) after sub-section (3), the following sub-sections shall be inserted, namely:— “(4) Notwithstanding anything contained in this Act or in any

rule, notification, direction or guideline made thereunder, no teacher who was appointed to a school prior to the commencement of this Act in accordance with the recruitment rules, qualifications and procedures then in force, shall be required to acquire any additional qualification, as notified before the commencement of the Right of Children to Free and Compulsory Education

(Amendment) Act, 2026 or as may be prescribed thereafter, as a condition for continuance in service, promotion, seniority or terminal benefits.

(5) The requirement of passing any Test or such other additional qualifications as may be prescribed under this Act shall apply prospectively and only to appointments made after the commencement of this Act or after such prospective date as may be notified by the appropriate Government.

(6) No teacher appointed or in position prior to the commencement of this Act or the date notified by the appropriate Government under sub-section (5) above shall be subjected to compulsory retirement, termination, denial of promotion or any other adverse service consequence solely on the ground of failure to pass or non-acquisition of any Test or such other additional qualifications, respectively, as may be prescribed under this Act.

(7) The appropriate Government shall prescribe guidelines for professional upgradation, training and capacity building of teachers appointed or in position prior to the commencement of this Act, without linking such measures to service security or promotional eligibility.”.

Insertion of 3. After section 23 of the principal Act, the following section shall be inserted,

new section namely:— 23A. “23A. (1) Notwithstanding anything contained in this Act or in any Protection of rule, notification, direction or guideline made there under, the service service conditions, promotional avenues and retirement benefits of teachers conditions of appointed or in position prior to the commencement of this Act shall not pre-existing be altered to their disadvantage by the introduction of any new teachers.

qualification requirement.

(2) Any qualification prescribed after the commencement of this Act or after such date as may be notified by the appropriate Government, shall be deemed to operate prospectively.

(3) The provisions of this section shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.”.

Amendment 4. In section 38 of the principal Act, in sub-section (2), after clause (l), the of section 38. following clause shall be inserted, namely:— “(la) framing of guidelines for professional upgradation, training and capacity building of teachers appointed or in position prior to the commencement of this Act, under sub-section (7) of section 23;”;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 133 Amendment 2. In section 23 of the Right of Children to Free and Compulsory Education Act, 35 of 2009.

of section 23. 2009 (hereinafter referred to as the Principal Act), 5. After section 39 of the principal Act, the following section shall be inserted, Insertion of

namely:— new section

(a) in sub-section (1), after the words “minimum qualifications”, 39A. the words “subject to the provisions of sub-sections (4), (5) and (6)” “39A.The appropriate Government may, for the purpose of giving Power to issue shall be inserted; effect to the provisions of this Act, issue such directions, clarifications protective directions.

or guidelines as may be necessary, to protect teachers appointed or in

(b) in sub-section (2), the second proviso shall be omitted; and position prior to the commencement of this Act from any adverse

(c) after sub-section (3), the following sub-sections shall be service consequences.”. inserted, namely:— “(4) Notwithstanding anything contained in this Act or in any

rule, notification, direction or guideline made thereunder, no teacher who was appointed to a school prior to the commencement of this Act in accordance with the recruitment rules, qualifications and procedures then in force, shall be required to acquire any additional qualification, as notified before the commencement of the Right of Children to Free and Compulsory Education

(Amendment) Act, 2026 or as may be prescribed thereafter, as a condition for continuance in service, promotion, seniority or terminal benefits.

(5) The requirement of passing any Test or such other additional qualifications as may be prescribed under this Act shall apply prospectively and only to appointments made after the commencement of this Act or after such prospective date as may be notified by the appropriate Government.

(6) No teacher appointed or in position prior to the commencement of this Act or the date notified by the appropriate Government under sub-section (5) above shall be subjected to compulsory retirement, termination, denial of promotion or any other adverse service consequence solely on the ground of failure to pass or non-acquisition of any Test or such other additional qualifications, respectively, as may be prescribed under this Act.

(7) The appropriate Government shall prescribe guidelines for professional upgradation, training and capacity building of teachers appointed or in position prior to the commencement of this Act, without linking such measures to service security or promotional eligibility.”.

Insertion of 3. After section 23 of the principal Act, the following section shall be inserted,

new section namely:— 23A. “23A. (1) Notwithstanding anything contained in this Act or in any Protection of rule, notification, direction or guideline made there under, the service service conditions, promotional avenues and retirement benefits of teachers conditions of appointed or in position prior to the commencement of this Act shall not pre-existing be altered to their disadvantage by the introduction of any new teachers.

qualification requirement.

(2) Any qualification prescribed after the commencement of this Act or after such date as may be notified by the appropriate Government, shall be deemed to operate prospectively.

(3) The provisions of this section shall have overriding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.”.

Amendment 4. In section 38 of the principal Act, in sub-section (2), after clause (l), the of section 38. following clause shall be inserted, namely:— “(la) framing of guidelines for professional upgradation, training and capacity building of teachers appointed or in position prior to the commencement of this Act, under sub-section (7) of section 23;”;134 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— STATEMENT OF OBJECTS AND REASONS The Right of Children to Free and Compulsory Education Act, 2009 (Act No. 35 of 2009) [hereinafter referred to as ‘RTE Act’] was enacted to give effect to Article 21A of the Constitution and to secure the fundamental right of every child to free and compulsory elementary education of equitable quality. Section 23 of the RTE Act empowers the prescription of minimum qualifications for teachers, on the basis of which the Teacher Eligibility Test (TET) has been prescribed as a qualification criteria for appointment as a teacher.

While the goal of enhancing teacher quality is necessary, recent judicial interpretation has resulted in the retrospective application of TET requirement to teachers who were appointed prior to the commencement of the RTE Act in accordance with recruitment rules, qualifications and procedures validly in force at the time of their appointment. The issue has assumed urgency following the Supreme Court judgment dated 01.09.2025 in ‘AnjumanIshaat-e-Taleem Trust vs State of Maharashtra & Others’. By interpreting Section 23 of RTE Act, Apex Court held that TET constitutes a mandatory minimum qualification not only for fresh recruitments but also for teachers recruited prior to the Act. Supreme Court directed that in-service teachers having more than five years of remaining service must qualify TET within two years of the judgment, i.e., before 01.09.2027, failing which they will face compulsory retirement. Teachers with less than five years of remaining service were granted limited relief, but remain ineligible for promotions without TET qualification.

Such retrospective application has generated widespread concern among teachers as many of these teachers have rendered decades of dedicated service and have substantially contributed to the expansion and consolidation of elementary education, particularly in rural, remote and socially disadvantaged areas. They form the backbone of elementary education and any disadvantage to them for want of TET qualification would not only undermine legitimate service expectations and principles of natural justice, but also risk destabilising the continuity and institutional stability of the education system in the country.

The Constitution envisages that legislative policy must operate with fairness, reasonableness and proportionality. The doctrine of legitimate expectation, the principle against arbitrary retrospective penal consequences, and the need to balance quality reform with institutional stability require a calibrated and prospective approach in the implementation of qualification norms.

The proposed Bill seeks to clarify that the requirement of passing the Teacher Eligibility Test or such other additional qualification criteria under the RTE Act shall operate prospectively and shall apply only to appointments made after the commencement of the Act or after such notified date as may be prescribed. The amendments further seek to provide statutory protection to teachers appointed prior to the commencement of the Act by safeguarding their continuance in service, promotional avenues and retirement benefits, while simultaneously enabling structured professional upgradation and training without linking such measures to punitive consequences.

The Bill, therefore, seeks to harmonise the objective of improving educational standards with the equally important constitutional mandate of fairness, equity and protection of vested service rights, thereby ensuring both quality education for children, and dignity and security for in-service teachers.

The Bill seeks to achieve the said objectives.

JOHN BRITTAS.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 135 STATEMENT OF OBJECTS AND REASONS The Right of Children to Free and Compulsory Education Act, 2009 (Act No. 35 of 2009) [hereinafter referred to as ‘RTE Act’] was enacted to give effect to Article 21A of the Constitution and to secure the fundamental right of every child to free and compulsory elementary education of equitable quality. Section 23 of the RTE Act empowers the prescription of minimum qualifications for teachers, on the basis of which the Teacher Eligibility Test (TET) has been prescribed as a qualification criteria for appointment as a teacher.

While the goal of enhancing teacher quality is necessary, recent judicial interpretation has resulted in the retrospective application of TET requirement to teachers who were appointed prior to the commencement of the RTE Act in accordance with recruitment rules, qualifications and procedures validly in force at the time of their appointment. The issue has assumed urgency following the Supreme Court judgment dated 01.09.2025 in ‘AnjumanIshaat-e-Taleem Trust vs State of Maharashtra & Others’. By interpreting Section 23 of RTE Act, Apex Court held that TET constitutes a mandatory minimum qualification not only for fresh recruitments but also for teachers recruited prior to the Act. Supreme Court directed that in-service teachers having more than five years of remaining service must qualify TET within two years of the judgment, i.e., before 01.09.2027, failing which they will face compulsory retirement. Teachers with less than five years of remaining service were granted limited relief, but remain ineligible for promotions without TET qualification.

Such retrospective application has generated widespread concern among teachers as many of these teachers have rendered decades of dedicated service and have substantially contributed to the expansion and consolidation of elementary education, particularly in rural, remote and socially disadvantaged areas. They form the backbone of elementary education and any disadvantage to XVII them for want of TET qualification would not only undermine legitimate service expectations and principles of natural justice, but also risk destabilising the continuity and institutional stability of the education system in the country.

The Constitution envisages that legislative policy must operate with Bill No. XXXIII of 2026 fairness, reasonableness and proportionality. The doctrine of legitimate expectation, the principle against arbitrary retrospective penal consequences, and A Bill to provide for free education to all children from the ninth class up the need to balance quality reform with institutional stability require a calibrated to the completion of Undergraduate Degree, in order to and prospective approach in the implementation of qualification norms.

secure substantive equality, eliminate structural The proposed Bill seeks to clarify that the requirement of passing the barriers to higher learning; and fulfil the Teacher Eligibility Test or such other additional qualification criteria under the constitutional mandate of social, RTE Act shall operate prospectively and shall apply only to appointments made economic and educational after the commencement of the Act or after such notified date as may be justice; and for matters prescribed. The amendments further seek to provide statutory protection to connected therewith or incidental teachers appointed prior to the commencement of the Act by safeguarding their thereto.

continuance in service, promotional avenues and retirement benefits, while simultaneously enabling structured professional upgradation and training without BE it enacted by Parliament in the Seventy-seventh Year of the Republic linking such measures to punitive consequences.

of India as follows: — The Bill, therefore, seeks to harmonise the objective of improving CHAPTER I educational standards with the equally important constitutional mandate of PRELIMINARY fairness, equity and protection of vested service rights, thereby ensuring both quality education for children, and dignity and security for in-service teachers. 1. (1) This Act may be called the Free Education (Secondary to Short title and Undergraduate Level) Act, 2026. commencement.

The Bill seeks to achieve the said objectives.

(2) It shall come into force on such date as the Central Government may, JOHN BRITTAS. by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.136 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

CHAPTER II DEFINITIONS Definitions. 2. In this Act, unless the context otherwise requires,‒

(a) “appropriate Government” means–

(i) in relation to an educational institution established, owned or controlled by the Central Government, or the administrator of the Union territory, having no legislature, the Central Government;

(ii) in relation to an educational institution, other than the institution referred to in sub-clause (i), established within the territory of ‒

(A) a State, the State Government;

(B) a Union territory having legislature, the Government of that Union territory;

(b) “capitation fee” means any kind of donation or contribution or payment other than the fee notified by the school;

(c) “educational institution” means a recognized school, college, university or other institution imparting secondary education or higher education, as the case may be;

(d) “eligible person” means any citizen of India, who has obtained the certificate of completion, in such form and in such manner, as may be prescribed, of –

(i) eighth class, for the purpose of admission to secondary education; and

(ii) twelfth class, for the purpose of admission to undergraduate education;

(e) “free education” means education for which no tuition fee, capitation fee or any other compulsory charge shall be levied;

(f) “Fund” means the National Fund for Universal Secondary and Higher Education established under section 8;

(g) “neighbourhood educational institution” means an educational institution imparting secondary education, and which is situated within such reasonable distance from the residence of an eligible person as may be prescribed;

(h) “prescribed” means prescribed by rules made under this Act;

(i) “secondary education” means education imparted from ninth class to twelfth class in a recognised educational institution; and

(j) “undergraduate education” means any first degree programme conducted by a recognised university or higher educational institution.

CHAPTER III RIGHT TO FREE EDUCATION Right to free 3. (1) Every eligible person shall have the right to free secondary education secondary in a neighbourhood educational institution.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 137

CHAPTER II education. (2) No eligible person shall be denied admission to secondary education on grounds only of caste, religion, gender, disability, language, socio- DEFINITIONS economic background, migration status, or place of birth.

(3) Every person completing his secondary education shall be awarded a Definitions. 2. In this Act, unless the context otherwise requires,‒ certificate, in such form and in such manner, as may be prescribed.

(a) “appropriate Government” means–

4. The appropriate Government shall take such measures as may be Duties of the appropriate

(i) in relation to an educational institution established, necessary to give effect to free secondary education under this Act Government for owned or controlled by the Central Government, or the and, in particular, ensure‒ free secondary administrator of the Union territory, having no legislature, the education.

(a) availability of adequate neighbourhood educational Central Government; institutions;

(ii) in relation to an educational institution, other than the institution referred to in sub-clause (i), established within the

(b) appointment of duly qualified teachers and staff in such territory of ‒ pupil-teacher ratio and possessing such minimum qualifications as may be prescribed;

(A) a State, the State Government;

(c) the provision of free textbooks, learning materials and

(B) a Union territory having legislature, the Government of that Union territory; access to appropriate digital resources for eligible persons;

(b) “capitation fee” means any kind of donation or contribution (d) the provision of necessary facilities for persons with or payment other than the fee notified by the school; disabilities and appropriate support measures for persons belonging to disadvantaged categories; and

(c) “educational institution” means a recognized school, college, university or other institution imparting secondary education (e) such other measures as may be necessary to give effect or higher education, as the case may be;

to the right to free secondary education under this Act.

(d) “eligible person” means any citizen of India, who has

5. (1) Every eligible person shall have the right to pursue one free Right to free obtained the certificate of completion, in such form and in such undergraduate education in any recognised educational institution. undergraduate manner, as may be prescribed, of – education.

(2) No eligible person shall be denied admission to an undergraduate

(i) eighth class, for the purpose of admission to secondary degree programme in an educational institution on grounds only of caste, education; and religion, gender, disability, language, socio-economic background,

(ii) twelfth class, for the purpose of admission to migration status, or place of birth. undergraduate education;

(3) Every person completing his undergraduate education shall be awarded a certificate, in such form and in such manner, as may be prescribed.

(e) “free education” means education for which no tuition fee, capitation fee or any other compulsory charge shall be levied; 6. The appropriate Government shall take such measures as may be Duties of the necessary to give effect to free undergraduate education under this appropriate

(f) “Fund” means the National Fund for Universal Secondary Government for Act and, in particular, shall – free and Higher Education established under section 8; undergraduate

(a) establish, maintain and adequately fund educational education.

(g) “neighbourhood educational institution” means an institutions imparting higher education; educational institution imparting secondary education, and which is

(b) augment and maintain adequate capacity in educational situated within such reasonable distance from the residence of an institutions imparting higher education, so as to progressively eligible person as may be prescribed; ensure that no eligible person is denied admission to an undergraduate degree programme solely on account of lack of

(h) “prescribed” means prescribed by rules made under this institutional capacity;

Act;

(c) provide, in such manner as may be prescribed,

(i) “secondary education” means education imparted from ninth scholarships, hostels, transport facilities and appropriate class to twelfth class in a recognised educational institution; and academic support to eligible persons;

(j) “undergraduate education” means any first degree

(d) ensure the maintenance of uniform standards of quality programme conducted by a recognised university or higher in educational institutions through appropriate regulatory educational institution. mechanisms;

CHAPTER III (e) endeavour to progressively increase public expenditure on education to realise the objectives of this Act; and RIGHT TO FREE EDUCATION

(f) take such other measures as may be necessary or expedient to give full effect to the right to free undergraduate Right to free 3. (1) Every eligible person shall have the right to free secondary education education under this Act.

secondary in a neighbourhood educational institution.138 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Prohibition of 7. No educational institution shall collect capitation fee or levy any other capitation fee charge, or subject any student to discriminatory screening procedures and inconsistent with merit and constitutional principles.

screening.

CHAPTER IV NATIONAL FUND FOR UNIVERSAL SECONDARY AND HIGHER EDUCATION National 8. (1) The Central Government and the State Governments shall have Fund for concurrent responsibility for providing funds to meet the expenditure Universal required for carrying out the provisions of this Act, in such manner as Secondary and Higher may be prescribed.

Education.

(2) The Central Government may, in consultation and concurrence with the States, establish, by notification in the Official Gazette, a National Fund for Universal Secondary and Higher Education for the purposes of this Act.

(3) The Fund shall be administered by the Central Government, in consultation with the State Governments, and there shall be credited thereto any sums of money provided by the Central and State Governments, in such ratio and in such manner as may be prescribed.

CHAPTER V MISCELLANEOUS Power to 9. (1) The appropriate Government may, by notification in the Official make rules. Gazette, make rules for carrying out the provisions of this Act.

(2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of 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 notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or

notification.

(3) Every rule or notification made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

Act not in 10. The provisions of this Act shall be in addition to and not in derogation of derogation of the provisions of any other law for the time being in force. any other law.

Power to 11. If any difficulty arises in giving effect to the provisions of this Act, the remove appropriate Government, may, by order, make such provisions not difficulties. inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficultySec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 139 Prohibition of 7. No educational institution shall collect capitation fee or levy any other capitation fee charge, or subject any student to discriminatory screening procedures and screening. inconsistent with merit and constitutional principles. STATEMENT OF OBJECTS AND REASONS

CHAPTER IV The Constitution of India envisions a social order in which justice - social, NATIONAL FUND FOR UNIVERSAL SECONDARY AND HIGHER EDUCATION economic and political - informs all institutions of life. While Article 21A guarantees free and compulsory education to children between the ages of six and National 8. (1) The Central Government and the State Governments shall have fourteen, the realities of contemporary India demonstrate that education up to Fund for concurrent responsibility for providing funds to meet the expenditure Class VIII is insufficient to secure meaningful equality or economic mobility.

Universal required for carrying out the provisions of this Act, in such manner as Secondary The transition from elementary to secondary and higher education remains and Higher may be prescribed. the most decisive point of exclusion. Financial barriers, social discrimination and Education.

(2) The Central Government may, in consultation and concurrence increasing commercialisation prevent lakhs of capable students from pursuing with the States, establish, by notification in the Official Gazette, a further studies. The lack of access to secondary and undergraduate education National Fund for Universal Secondary and Higher Education for the perpetuates intergenerational poverty, weakens democratic participation and purposes of this Act. undermines national development.

(3) The Fund shall be administered by the Central Government, in In a knowledge-driven global economy, secondary education has become consultation with the State Governments, and there shall be credited the minimum threshold of literacy, and undergraduate education the gateway to thereto any sums of money provided by the Central and State dignified employment. Without universal access to these levels, constitutional Governments, in such ratio and in such manner as may be prescribed. guarantees of equality remain formal rather than substantive.

CHAPTER V This Bill seeks to extend the principle underlying the Right of Children to Free and Compulsory Education Act, 2009, to secondary and undergraduate MISCELLANEOUS education, thereby transforming education from a limited entitlement into a Power to 9. (1) The appropriate Government may, by notification in the Official comprehensive right consistent with constitutional principles.

make rules. Gazette, make rules for carrying out the provisions of this Act.

The Bill seeks to achieve the above objectives.

(2) Every rule made under this Act by the Central Government shall be JOHN BRITTAS. 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 notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or

notification.

(3) Every rule or notification made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

Act not in 10. The provisions of this Act shall be in addition to and not in derogation of derogation of the provisions of any other law for the time being in force. any other law.

Power to 11. If any difficulty arises in giving effect to the provisions of this Act, the remove appropriate Government, may, by order, make such provisions not difficulties. inconsistent with the provisions of this Act as may appear to it to be necessary for removing the difficulty140 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— FINANCIAL MEMORANDUM Clauses 4 and 6 of the Bill provides for the measures to be taken by the appropriate Government for ensuring the right to free secondary and undergraduate education respectively. Clause 8 provides for establishment of National Fund for Universal Secondary and Higher Education which shall be funded by Central and State Governments, in such ratio and in such manner as may be prescribed.

Though the exact quantum of expenditure cannot be estimated at this stage, the expenditure shall constitute long-term capital investment in human development and national productivity.

The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India and that of States. However, at this stage, it is not possible to quantify the recurring or non-recurring expenditure involved.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 141 FINANCIAL MEMORANDUM MEMORANDUM REGARDING DELEGATED LEGISLATION Clauses 4 and 6 of the Bill provides for the measures to be taken by the Clause 9 of the Bill empowers the appropriate Government to make rules for appropriate Government for ensuring the right to free secondary and carrying out the provisions of the Act. Clause 11 empowers the appropriate undergraduate education respectively. Clause 8 provides for establishment of Government to make such provision, by order, as may appear necessary for removing National Fund for Universal Secondary and Higher Education which shall be the difficulty in giving effect to the provisions of the Bill.

funded by Central and State Governments, in such ratio and in such manner as may be prescribed.

As the matters in respect of which rules and orders may be made under the aforesaid provisions are matters of procedural or administrative detail only, the Though the exact quantum of expenditure cannot be estimated at this stage, delegation of legislative powers is, therefore, of a normal character.

the expenditure shall constitute long-term capital investment in human development and national productivity.

The Bill, therefore, if enacted will involve expenditure from the Consolidated Fund of India and that of States. However, at this stage, it is not possible to quantify the recurring or non-recurring expenditure involved.142 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— XVIII Bill No. XXV of 2026 A Bill to provide for parent care leave to enable employees to attend to the medical, health and wellbeing needs of their aged parents, and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-seventh Year of the Republic of

India as follows:—

1. (1) This Act may be called the Sacred Bond (Parent Care Leave) Act, 2026. Short title and commencement.

(2) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 143 Definitions. 2. In this Act, unless the context otherwise requires,—

(a) “appropriate Government” means—

(i) in relation to an establishment which is established, owned, controlled or wholly or substantially financed by funds

provided directly or indirectly—

(A) by the Central Government or the Union territory administration, the Central Government;

(B) by the State Government, the State Government;

(ii) in relation to any establishment not covered under sub- clause (i) and falling within its territory, the State Government;

(b) "employee" means a person employed in any establishment for any work on regular, temporary or contractual basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, and includes a contract worker, probationer, trainee, apprentice or called by any other such name;

(c) “employer” means—

(i) in relation to any department, organisation, undertaking, enterprise, institution, office, branch or unit of the appropriate Government or a local authority, the head of that department, organisation, undertaking, enterprise, institution, office, branch or unit or such other officer as the appropriate Government or the local authority, as the case may be, may by an order specify in this behalf;

(ii) in any establishment not covered under sub-clause (i), any person responsible for the management, supervision and control of the establishment.

Explanation.— For the purposes of this sub-clause “management” includes the person or board or committee responsible for formulation and administration of polices for such organisation;

(iii) in relation to the establishment covered under sub- clauses (i) and (ii), the person discharging contractual obligations with respect to his employees;

(d) “establishment” includes—

(i) any department, organisation, undertaking, enterprise, XVIII institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate Government or the local authority or a Government company or a corporation or a co- operative society;

Bill No. XXV of 2026 (ii) any private sector organisation or a private venture, undertaking, enterprise, institution, society, trust, non- governmental organisation, unit, service provider or a person carrying on commercial, professional, vocational, educational, A Bill to provide for parent care leave to enable employees to attend to the entertainmental, industrial, health services or financial activities medical, health and wellbeing needs of their aged parents, including production, supply, sale, distribution or service and and for matters connected therewith or employing ten or more employees;

incidental thereto.

(e) "parent" means a biological, step, adoptive, or foster parent, BE it enacted by Parliament in the Seventy-seventh Year of the Republic of or a parent-in-law of the employee, who has attained the age of sixty

India as follows:— years;

1. (1) This Act may be called the Sacred Bond (Parent Care Leave) Act, 2026. Short title and (f) "parent care leave" means leave granted under section 3; and commencement.

(2) It shall come into force on such date as the Central Government may, by (g) "prescribed" means prescribed by rules made under this Act.

notification in the Official Gazette, appoint.144 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—

3. (1) Every employee shall be entitled, during the entire period of service, to Entitlement to parent care parent care leave not exceeding forty-five days in aggregate, for attending to leave. the medical, health and wellbeing needs of his parent.

(2) The leave under sub-section (1) may be availed in one continuous stretch or in multiple spells, subject to the prior approval of the employer or in such manner as may be prescribed.

(3) Parent care leave shall—

(a) be granted with full pay and allowances as admissible to the employee; and

(b) not be debited against any other leave account.

(4) The entitlement under this section shall be a one-time or aggregate entitlement during the entire period of service and shall not be encashable.

4. (1) An employee seeking parent care leave shall make an application to the Application and documentation. employer in such form and manner as may be prescribed and shall furnish such documents as may be prescribed, including medical certificate and hospital admission records, evidencing the need for such leave.

(2) In case of emergency, an employee may proceed on parent care leave without prior sanction, subject to submission of prescribed documents within seven working days from the commencement of such leave.

(3) The employer shall, as far as practicable, dispose of the application within forty-eight hours of its receipt:

Provided that where leave is refused on account of exigencies of service, the reasons for such refusal shall be recorded in writing and communicated to the employee.

5. No employee shall suffer any adverse consequence in service, including Protection against denial of promotion, increment, posting, transfer or other career discrimination. progression, solely on the ground of having availed parent care leave under this Act.

6. (1) Any employer who, without sufficient cause, denies parent care leave to Penalty for non- compliance. an eligible employee or subjects an employee to adverse action for availing such leave, shall be liable toa penalty, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees.

(2) Any employee who knowingly submits false or fabricated documents for the purpose of availing parent care leave shall be liable to disciplinary action in accordance with the applicable service rules, and may also be required to refund the salary and allowances drawn during such leave.

7. (1) Any employee aggrieved by denial of parent care leave or by Grievance redressal. discrimination under section 5 may prefer a complaint in accordance with this section.

(2) In the case of employees in Government service, the complaint shall be dealt with in accordance with the applicable service rules and regulations.

(3) In the case of employees in the private sector, the complaint shall be filed before the Labour Commissioner or such other authority as may be notified by the appropriate Government, who shall enquire into the complaint and pass appropriate orders within sixty days from the date of receipt.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 145

3. (1) Every employee shall be entitled, during the entire period of service, to Entitlement to Power to 8. (1) The appropriate Government may, by notification in the Official parent care leave not exceeding forty-five days in aggregate, for attending to parent care make rules. Gazette, make rules for carrying out the provisions of this Act.

leave. the medical, health and wellbeing needs of his parent.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—

(2) The leave under sub-section (1) may be availed in one continuous stretch or in multiple spells, subject to the prior approval of the employer or in such (a) procedure for availing parent care leave under sub-section manner as may be prescribed. (2) of section 3;

(3) Parent care leave shall—

(b) the form and manner of application and documentary requirements for parent care leave under sub-section (1) of section 4;

(a) be granted with full pay and allowances as admissible to the

(c) the authority before whom complaints may be filed under employee; and sub-section (3) of section 7; and

(b) not be debited against any other leave account.

(d) any other matter which is required to be, or may be, prescribed.

(4) The entitlement under this section shall be a one-time or aggregate entitlement during the entire period of service and shall not be encashable. (3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it

4. (1) An employee seeking parent care leave shall make an application to the Application and is in session, for a total period of thirty days which may be comprised in one documentation. employer in such form and manner as may be prescribed and shall furnish session or in two or more successive sessions, and if, before the expiry of such documents as may be prescribed, including medical certificate and the session immediately following the session or the successive sessions hospital admission records, evidencing the need for such leave. 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

(2) In case of emergency, an employee may proceed on parent care leave effect only in such modified form or be of no effect, as the case may be; so, without prior sanction, subject to submission of prescribed documents however, that any such modification or annulment shall be without within seven working days from the commencement of such leave. prejudice to the validity of anything previously done under that rule.

(3) The employer shall, as far as practicable, dispose of the application (4) Every rule made by the State Government under this Act shall be laid, as within forty-eight hours of its receipt: soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one

Provided that where leave is refused on account of exigencies of House, before that House. service, the reasons for such refusal shall be recorded in writing and Act not in 9. The provisions of this Act shall be in addition to, and not in derogation of, communicated to the employee.

derogation of any other leave entitlement available under any other law or service rules any other law.

5. No employee shall suffer any adverse consequence in service, including Protection for the time being in force. against denial of promotion, increment, posting, transfer or other career Power to 10. (1) If any difficulty arises in giving effect to the provisions of this Act, the discrimination.

progression, solely on the ground of having availed parent care leave under remove Central Government may, by order published in the Official Gazette, make difficulties this Act. such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing such difficulty.

6. (1) Any employer who, without sufficient cause, denies parent care leave to Penalty for non- compliance. (2) Every order made under this section shall be laid, as soon as may be an eligible employee or subjects an employee to adverse action for availing after it is made, before each House of Parliament.

such leave, shall be liable toa penalty, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees.

(2) Any employee who knowingly submits false or fabricated documents for the purpose of availing parent care leave shall be liable to disciplinary action in accordance with the applicable service rules, and may also be required to refund the salary and allowances drawn during such leave.

7. (1) Any employee aggrieved by denial of parent care leave or by Grievance redressal. discrimination under section 5 may prefer a complaint in accordance with this section.

(2) In the case of employees in Government service, the complaint shall be dealt with in accordance with the applicable service rules and regulations.

(3) In the case of employees in the private sector, the complaint shall be filed before the Labour Commissioner or such other authority as may be notified by the appropriate Government, who shall enquire into the complaint and pass appropriate orders within sixty days from the date of receipt.146 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— STATEMENT OF OBJECTS AND REASONS India stands at the threshold of a profound demographic transformation. The nation's population structure is rapidly ageing, presenting both unprecedented challenges and moral imperatives that demand immediate legislative intervention.

According to the Census of India 2011, there were 10.38 crore persons aged 60 years and above, constituting 8.6 per cent of the total population. The Longitudinal Ageing Study in India (LASI) Wave-1 (2017-18) revealed that this number had already risen to approximately 13.8 crore elderly persons. The United Nations Population Fund (UNFPA) projects that by 2050, nearly 20 per cent of India's population—approximately 34 crore individuals—will be above the age of 60 years. This exponential growth in the elderly population, coupled with increasing life expectancy now averaging 70.19 years (2018-2022), creates an urgent need for supportive social infrastructure.

2. The traditional joint family system, which historically served as the primary caregiving mechanism for elderly parents, has undergone significant erosion due to rapid urbanization, economic migration, and changing social dynamics. The National Sample Survey Organization's (NSSO) 75th Round on Social

Consumption: Health (2017-18) indicates that approximately 68 per cent of India's working-age population (20-59 years) now lives away from their parental homes, primarily in pursuit of employment, education, or entrepreneurial opportunities.

Major metropolitan cities such as Delhi, Mumbai, Bengaluru, Hyderabad and Pune have witnessed an influx of 15-20 million young professionals who maintain separate households from their parents. This geographical separation, while economically beneficial, creates a critical gap in caregiving when elderly parents face medical emergencies, chronic illnesses, or general health deterioration.

3. A particularly vulnerable demographic cohort is the 'sandwich generation' i.e., employees aged between 35 and 55 years who are simultaneously responsible for raising their own children while caring for ageing parents. Research by the Indian Institute of Management, Ahmedabad (IIMA) and the Tata Institute of Social Sciences (TISS) indicates that approximately 42 per cent of India's working population belongs to this sandwich generation, facing dual caregiving obligations that create severe emotional, financial and professional stress. The Household Social Consumption on Health Survey (2017-18) reveals that 56 per cent of sandwich generation employees report experiencing burnout, with women bearing a disproportionate burden. Seventy three per cent of female employees in this cohort serve as primary caregivers for both children and parents. The National Mental Health Survey (2015-16) found that sandwich generation caregivers have

2.8 times higher risk of developing depression and anxiety disorders compared to their peers without dual caregiving responsibilities. This demographic reality necessitates targeted legislative intervention that recognizes the unique pressures faced by employees managing intergenerational care responsibilities while maintaining professional commitments.

4. The health profile of India's elderly population presents an alarming picture that necessitates regular physical presence and care from family members. The LASI Report reveals that 75 per cent of elderly Indians suffer from at least one chronic disease, with 40 per cent having two or more co-morbidities including diabetes, hypertension, cardiovascular diseases, arthritis and respiratory ailments.

The prevalence of geriatric mental health issues is equally concerning— approximately 22.4 per cent of elderly persons experience depression, anxiety or dementia-related disorders. The India Ageing Report, 2023 by the Ministry of Social Justice and Empowerment highlights that 27per cent of elderly persons require assistance in Activities of Daily Living (ADL), while 43 per cent need support in Instrumental Activities of Daily Living (IADL). Post-operative care, rehabilitation after falls or fractures, management of terminal illnesses, and end-of- life care require sustained physical presence that cannot be adequately substituted by hired caregivers or institutional support alone.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 147 STATEMENT OF OBJECTS AND REASONS 5. Despite the evident need, there exists a glaring legislative vacuum in India's labour and employment framework regarding leave provisions for parent care.

India stands at the threshold of a profound demographic transformation. The While maternity leave (26 weeks under the Maternity Benefit Act, 2017), paternity nation's population structure is rapidly ageing, presenting both unprecedented leave (15 days for Central Government employees), and child care leave (730 days challenges and moral imperatives that demand immediate legislative intervention.

over entire service for Central Government employees) have received progressive According to the Census of India 2011, there were 10.38 crore persons aged 60 legislative recognition, care for ageing parents remains conspicuously absent from years and above, constituting 8.6 per cent of the total population. The Longitudinal formal leave entitlements. The Central Civil Services (Leave) Rules, 1972, and Ageing Study in India (LASI) Wave-1 (2017-18) revealed that this number had corresponding State service rules do not provide for dedicated parent care leave.

already risen to approximately 13.8 crore elderly persons. The United Nations Private sector employees, constituting approximately 90 per cent of India's Population Fund (UNFPA) projects that by 2050, nearly 20 per cent of India's organized workforce, are even more vulnerable as most employment contracts and population—approximately 34 crore individuals—will be above the age of 60 establishment policies offer no structured provision for attending to parental health years. This exponential growth in the elderly population, coupled with increasing emergencies. This absence forces employees, particularly those in the sandwich life expectancy now averaging 70.19 years (2018-2022), creates an urgent need for generation, into an untenable choice: either utilizing precious earned leave, casual supportive social infrastructure.

leave, or loss of pay to care for parents, or, in many distressing cases, being unable

2. The traditional joint family system, which historically served as the primary to attend to their parents during critical medical situations due to fear of caregiving mechanism for elderly parents, has undergone significant erosion due employment consequences.

to rapid urbanization, economic migration, and changing social dynamics. The

6. The human cost of this legislative lacuna is profound and multifaceted. A National Sample Survey Organization's (NSSO) 75th Round on Social study by the International Institute for Population Sciences (IIPS), Mumbai,

Consumption: Health (2017-18) indicates that approximately 68 per cent of India's revealed that 62 per cent of working professionals reported experiencing severe working-age population (20-59 years) now lives away from their parental homes, emotional distress and guilt from being unable to be physically present with their primarily in pursuit of employment, education, or entrepreneurial opportunities.

parents during medical crises. The psychological burden manifests in increased Major metropolitan cities such as Delhi, Mumbai, Bengaluru, Hyderabad and Pune workplace stress, reduced productivity, higher rates of anxiety and depression have witnessed an influx of 15-20 million young professionals who maintain among employees, and strained family relationships. Furthermore, 34 per cent of separate households from their parents. This geographical separation, while employees surveyed reported having to resign or take extended unpaid leave at economically beneficial, creates a critical gap in caregiving when elderly parents some point in their careers to care for ageing parents, leading to significant career face medical emergencies, chronic illnesses, or general health deterioration.

disruptions, loss of income, erosion of professional skills, and diminished

3. A particularly vulnerable demographic cohort is the 'sandwich generation' i.e., retirement savings. For women employees, who constitute 48.5 per cent of the employees aged between 35 and 55 years who are simultaneously responsible for urban workforce as per the Periodic Labour Force Survey (PLFS) 2022-23, this raising their own children while caring for ageing parents. Research by the Indian burden is disproportionately heavier due to prevailing societal expectations of Institute of Management, Ahmedabad (IIMA) and the Tata Institute of Social caregiving, often resulting in permanent workforce exit.

Sciences (TISS) indicates that approximately 42 per cent of India's working population belongs to this sandwich generation, facing dual caregiving obligations 7. The constitutional and cultural imperatives for this legislation are equally that create severe emotional, financial and professional stress. The Household compelling. Article 41 of the Constitution of India directs the State to make Social Consumption on Health Survey (2017-18) reveals that 56 per cent of effective provision for securing the right to public assistance in cases of old age, sandwich generation employees report experiencing burnout, with women bearing sickness and disablement, within the limits of its economic capacity. While the a disproportionate burden. Seventy three per cent of female employees in this Maintenance and Welfare of Parents and Senior Citizens Act, 2007, establishes the cohort serve as primary caregivers for both children and parents. The National legal obligation of children to maintain their parents, it provides no structural Mental Health Survey (2015-16) found that sandwich generation caregivers have mechanism through employment law to enable such care. India's civilizational

2.8 times higher risk of developing depression and anxiety disorders compared to ethos, reflected in the concept of 'Matru Devo Bhava, Pitru Devo Bhava' (Mother their peers without dual caregiving responsibilities. This demographic reality is God, Father is God) from the Taittiriya Upanishad, and the principle of 'Putra necessitates targeted legislative intervention that recognizes the unique pressures Dharma' (duty of children towards parents), places filial responsibility at the very faced by employees managing intergenerational care responsibilities while core of our social and ethical framework. The proposed legislation seeks to maintaining professional commitments. harmonize constitutional obligations, cultural values, and contemporary socio- economic realities by creating an enabling legal framework that recognizes and

4. The health profile of India's elderly population presents an alarming picture facilitates this sacred bond. that necessitates regular physical presence and care from family members. The LASI Report reveals that 75 per cent of elderly Indians suffer from at least one 8. International best practices provide instructive precedents for such legislative chronic disease, with 40 per cent having two or more co-morbidities including intervention. Countries facing similar demographic transitions have enacted diabetes, hypertension, cardiovascular diseases, arthritis and respiratory ailments. progressive parent care leave provisions viz., New Zealand provides ten days of The prevalence of geriatric mental health issues is equally concerning— paid leave for caring for sick family members including parents; the United approximately 22.4 per cent of elderly persons experience depression, anxiety or Kingdom offers unpaid parental leave and time off for dependents including dementia-related disorders. The India Ageing Report, 2023 by the Ministry of elderly parents; Belgium grants 'time credit' schemes allowing employees to reduce Social Justice and Empowerment highlights that 27per cent of elderly persons working hours to care for aged parents; and Canada's Employment Insurance require assistance in Activities of Daily Living (ADL), while 43 per cent need Compassionate Care Benefit provides 26 weeks of leave to care for gravely ill support in Instrumental Activities of Daily Living (IADL). Post-operative care, family members. The International Labour Organization (ILO) Convention No.

rehabilitation after falls or fractures, management of terminal illnesses, and end-of- 156 on Workers with Family Responsibilities recognizes that employees with life care require sustained physical presence that cannot be adequately substituted responsibilities towards dependent family members, including elderly parents, by hired caregivers or institutional support alone.

should be enabled to engage in employment without being subject to148 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— discrimination and, to the extent possible, without conflict between their employment and family responsibilities. India, as a signatory to various international human rights instruments and as an emerging global economic power, has both the moral obligation and economic capacity to establish similar protective provisions.

9. The Bill proposes a carefully calibrated framework that balances employee welfare with organizational operational requirements. The provision of 45 days of parent care leave during the entire period of service is based on empirical analysis of typical critical caregiving needs that may arise during an employee's career:

major surgeries and serious illnesses requiring hospitalization and post-operative care (14-28 days), management of acute episodes of chronic diseases (7-14 days), end-of-life care and final rites (7-15 days), and critical health emergencies requiring immediate family presence. Unlike child care leave which spans 730 days over entire service for raising children, parent care leave is designed for acute medical and health crises affecting aged parents, typically concentrated in specific periods rather than spread across years. The leave shall be on full pay and allowances, ensuring that employees, particularly those in the sandwich generation managing dual financial obligations towards children and parents, do not face financial hardship while fulfilling their filial obligations. The leave is designed not to be debited against existing leave accounts, recognizing that casual leave, earned leave, child care leave, and medical leave serve distinct purposes and should not be depleted for parent care. To prevent misuse while maintaining sensitivity to genuine needs, the Bill mandates submission of medical certificates, hospital records, or other prescribed documents, with provisions for emergency leave followed by documentation within seven working days. The provision as a one- time total entitlement rather than an annual allocation reflects the understanding that parental health crises requiring sustained physical presence are typically episodic and concentrated rather than recurring annually, while ensuring the leave serves its intended caregiving purpose rather than becoming a routine benefit.

10. The Bill's comprehensive coverage across employment sectors reflects the principle of universal applicability and non-discrimination. By extending to Central Government, State Governments, Union Territories, public sector undertakings, banks, autonomous bodies, and private sector establishments employing ten or more persons, the Bill ensures that approximately 85 to 90 per cent of India's organized workforce falls within its protective ambit. The threshold of ten employees for private sector applicability follows the precedent of several existing labour laws, balancing social welfare objectives with concerns about regulatory burden on micro and small enterprises. The Bill explicitly states that parent care leave shall be in addition to and not in derogation of existing leave entitlements under the Central Civil Services (Leave) Rules, 1972, or any State rules, thereby creating a supplementary benefit rather than displacing existing provisions.

11. Recognizing that statutory provisions are effective only when accompanied by robust enforcement mechanisms, the Bill incorporates a three-tiered compliance architecture. First, it establishes the substantive right to parent care leave with clear eligibility criteria and application procedures. Second, it prohibits any discrimination or adverse employment consequences arising from the legitimate exercise of this right, protecting employees from retaliatory actions such as denial of promotion, transfer to unfavorable postings, or hostile work environment. Third, it creates a deterrent framework through financial penalties for employers who unlawfully deny parent care leave (₹ 50,000 to ₹ 2,00,000) and disciplinary consequences for employees who submit fraudulent documentation, ensuring that the system is neither exploited nor denied. The Bill also establishes accessible

grievance redressal mechanisms: for government employees through existing departmental channels, and for private sector employees through Labour Commissioners or notified authorities who must dispose of complaints within sixty days, ensuring swift justice.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 149 discrimination and, to the extent possible, without conflict between their 12. The Bill adopts a principle of delegated legislation, empowering the Central employment and family responsibilities. India, as a signatory to various Government to frame detailed rules regarding application formats, documentation international human rights instruments and as an emerging global economic power, requirements, approval procedures, complaint mechanisms, and penalty quantum has both the moral obligation and economic capacity to establish similar protective for misuse. This approach provides necessary flexibility to adapt implementation provisions. modalities to diverse sectoral contexts, technological advancements, and evolving caregiving patterns while maintaining uniform core entitlements across the country.

9. The Bill proposes a carefully calibrated framework that balances employee The mandatory laying of rules before Parliament ensures democratic oversight and welfare with organizational operational requirements. The provision of 45 days of parliamentary supremacy in the rule-making process, with provisions for parent care leave during the entire period of service is based on empirical analysis modification or annulment by both Houses within prescribed timeframes. This of typical critical caregiving needs that may arise during an employee's career:

balance between statutory clarity and regulatory adaptability is essential for major surgeries and serious illnesses requiring hospitalization and post-operative effective implementation across India's vast and varied employment landscape.

care (14-28 days), management of acute episodes of chronic diseases (7-14 days),

13. Beyond its immediate caregiving objectives, this legislation carries profound end-of-life care and final rites (7-15 days), and critical health emergencies implications for social cohesion, workplace culture, and national values. By requiring immediate family presence. Unlike child care leave which spans 730 days formally recognizing filial responsibility as a legitimate concern of employment over entire service for raising children, parent care leave is designed for acute law, the Bill sends a powerful signal about the importance of intergenerational medical and health crises affecting aged parents, typically concentrated in specific bonds and family solidarity in contemporary India. It acknowledges that employees periods rather than spread across years. The leave shall be on full pay and are not merely economic units but human beings embedded in complex networks allowances, ensuring that employees, particularly those in the sandwich generation of relationships and responsibilities. The legislation will reduce employee stress managing dual financial obligations towards children and parents, do not face and anxiety, leading to improved mental health, enhanced workplace morale and financial hardship while fulfilling their filial obligations. The leave is designed not productivity, lower attrition rates and associated recruitment costs, and to be debited against existing leave accounts, recognizing that casual leave, earned strengthened employer-employee trust and loyalty. For the elderly, the assurance leave, child care leave, and medical leave serve distinct purposes and should not be that their children can be present during times of vulnerability provides immense depleted for parent care. To prevent misuse while maintaining sensitivity to psychological comfort and security, potentially improving health outcomes through genuine needs, the Bill mandates submission of medical certificates, hospital better adherence to medical regimens, faster post-operative recovery, and reduced records, or other prescribed documents, with provisions for emergency leave incidence of depression and social isolation. For the sandwich generation, this followed by documentation within seven working days. The provision as a one- provision offers critical relief from the impossible burden of choosing between time total entitlement rather than an annual allocation reflects the understanding children's needs and parents' care.

that parental health crises requiring sustained physical presence are typically episodic and concentrated rather than recurring annually, while ensuring the leave 14. This Bill aligns with several ongoing policy initiatives of the Government of serves its intended caregiving purpose rather than becoming a routine benefit. India. The National Policy on Senior Citizens, 2011, envisages provision of care and protection to senior citizens through family-based support systems. The

10. The Bill's comprehensive coverage across employment sectors reflects the National Programme for the Health Care of the Elderly (NPHCE) under the principle of universal applicability and non-discrimination. By extending to Central Ministry of Health and Family Welfare emphasizes comprehensive healthcare for Government, State Governments, Union Territories, public sector undertakings, the elderly but requires family participation for its effectiveness. The recent banks, autonomous bodies, and private sector establishments employing ten or emphasis on 'Ease of Living' as a governance philosophy necessitates creating more persons, the Bill ensures that approximately 85 to 90 per cent of India's structural enablers that allow citizens to fulfill their family obligations without organized workforce falls within its protective ambit. The threshold of ten professional or financial penalty. This legislation complements these policies by employees for private sector applicability follows the precedent of several existing addressing a critical gap in the employment-family care nexus.

labour laws, balancing social welfare objectives with concerns about regulatory

15. In conclusion, the Bill represents a necessary and timely legislative burden on micro and small enterprises. The Bill explicitly states that parent care intervention that responds to demographic realities, honors cultural values, fulfills leave shall be in addition to and not in derogation of existing leave entitlements constitutional mandates, and addresses genuine human needs. It recognizes that under the Central Civil Services (Leave) Rules, 1972, or any State rules, thereby caring for aged parents is not a personal indulgence but a social responsibility that creating a supplementary benefit rather than displacing existing provisions.

deserves institutional support. As India aspires to become a developed nation by

11. Recognizing that statutory provisions are effective only when accompanied by 2047, we must ensure that our march towards economic prosperity does not come robust enforcement mechanisms, the Bill incorporates a three-tiered compliance at the cost of abandoning those who nurtured the current generation. This Bill is a architecture. First, it establishes the substantive right to parent care leave with clear modest but significant step towards creating a society where professional success eligibility criteria and application procedures. Second, it prohibits any and filial duty are not mutually exclusive, where the elderly are cared for with discrimination or adverse employment consequences arising from the legitimate dignity, where the sandwich generation receives the support it desperately needs, exercise of this right, protecting employees from retaliatory actions such as denial and where the sacred bond between parents and children is honored not merely in of promotion, transfer to unfavorable postings, or hostile work environment. Third, rhetoric but through concrete, actionable legal provisions.

it creates a deterrent framework through financial penalties for employers who Hence, this Bill. unlawfully deny parent care leave (₹ 50,000 to ₹ 2,00,000) and disciplinary consequences for employees who submit fraudulent documentation, ensuring that the system is neither exploited nor denied. The Bill also establishes accessible SUMITRA BALMIK.

grievance redressal mechanisms: for government employees through existing departmental channels, and for private sector employees through Labour Commissioners or notified authorities who must dispose of complaints within sixty days, ensuring swift justice.150 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 8 of the Bill empowers the appropriate Government to make rules for carrying out the provisions of this Act. Clause 10 of the Bill empowers the Central Government to make provisions through an order to remove any difficulties likely to arise in giving effect to the provisions of the Bill.

As the rules and orders will relate to matters of detail only, the delegation of legislative power is of a normal character.

P.PC.C. M. MOoDdYy,, SSeeccrreettaarryy--GGeenneerraall..

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF STATES (RAJYA SABHA) UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.

MGIPMRND—658GI(S4)—13-03-2026.