The President has
given his assent to the Refugee Relief Taxes (Abolition) Repeal
Bill, 2002, the Appropriation (No. 6) Bill, 2002 and the Representation
of the People (Third Amendment) Bill, 2002. With this, these three
Bills, passed by the Parliament during its Winter Session ending
December 20, 2002, have been notified in the Gazette of India
as Act Nos. 70, 71 and 72 respectively of the year 2002. All these
three Acts have come into force with immediate effect.
The Refugee Relief
Taxes (Abolition) Repeal Act, 2002, which seeks to repeal the
Refugee Relief Taxes (Abolition) Repeal Act, 1973, follows recommendations
of P.C. Jain Commission on Administrative Laws as it has become
redundant. The enactments effected as a consequence, such as,
the Indian Stamp Act, 1899, the Central Excises and Salt Act,
1944 and the Union Duties of Excise (Distribution) Act, 1962 and
the Railway Passenger Fares Act, 1971, the Tax on Postal Articles
Act, 1971 and the Inland Air Travel Tax Act, 1971 have already
been repealed earlier.
The Appropriation
(No. 6) Act, 2002, seeks to authorize payment and appropriation
of a sum of rupees nine thousand forty five crores and five lakhs
towards defraying the several charges for general services of
the Union, else than Railways, from the Consolidated Fund of India
for the current financial year 2002-2003.
The Representation
of the People (Third Amendment) Act, 2002,which seeks to replace
an Ordinance promulgated to this effect earlier on August 24,
2002, provides a candidate contesting an election for Parliament
or State Legislature would be required to disclose whether he
is accused of any offence punishable with imprisonment for two
years or more in a pending case in which charges have been framed
and whether he has been convicted of an offence in which the punishment
has been awarded for one year or more, for the information of
the voters. However, a candidate would be required to furnish
information only under this law made by Parliament or the rules
made thereunder, and not otherwise. It also supercedes the orders
of the Election Commission of India promulgated on June 28, 2002
to give effect to the Supreme Court orders contained in Civil
Appeal No. 7178 of 2001 (Union of India Vs. Association for Democratic
Reforms and Another). The amendment also gives effect to the impugned
judgement of the apex court. The elected candidate, accordingly,
is required to declare his assets and liabilities before the Presiding
Officer of the either House concerned of Parliament or State Legislature,
as the case may be, as a post-election measures. It also enjoins
a candidate contesting an election to be liable for penal consequences
for filing a false affidavit or concealing the required information.
He would also be liable for similar consequences for giving false
information or concealing required information in his nomination
paper to be filed before the returning officer. This Act comes
into force with effect from August 24, 2002, the Ordinance to
this effect was promulgated by the President.
