1 AS INTRODUCED IN LOK SABHA Bill No. 77 of 2016 THE POPULATION CONTROL BILL, 2016 By SHRI PRAHLAD SINGH PATEL, M.P. 5 A BILL to provide for population control and for matters connected therewith. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows: 1. (1) This Act may be called as the Population Control Act, 2016. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Short title, extent and commencement.
2 Definitions. No person shall procreate more than two living children. Constitution of a District Board. Application for permission from District Board. Permission for procreation of third child by Board. Appropriate Government to promote small family norms. 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) "Board" means District Board constituted under section 4; (c) "child" includes an adopted child; and (d) "prescribed" means prescribed by rules made under this Act. 3. No person shall procreate more than two living children after a period of one year from the commencement of this Act. 4. (1) The appropriate Government shall constitute a Board to be known as the District Board in every district for the purpose of this Act. (2) The Board shall consist of (a) Chief Medical Officer of the district; (b) District Collector; (c) one representative of Panchayat each at village, intermediate or district level; and (d) one representative of Municipal Council or Corporation, as the case may be. 5. If any person intends to procreate more than two living children for any medical reason, he shall apply to the Board for necessary permission in such form and manner as may be prescribed. 6. (1) On receipt of an application from a person under section 5, the District Board shall examine the reasons furnished by an applicant and communicate its decision within a period of one month. (2) If the District Board is satisfied that exceptional medical circumstances exist which require the applicant to opt for third child, the District Board shall grant necessary permission. (3) If the District Board is not satisfied with the reasons furnished by the applicant, the District Board may, after giving an opportunity to the applicant of being heard to the applicant in the matter, reject the application. 7. The appropriate Government shall take steps to encourage, promote and motivate married couples to opt for small family norms with a view to check the rising population in the country. 5 10 15 20 25 30 Disentitlement of benefits for contravention of the Act. Act to have overriding effect. Power to make rules. 8. Any person who contravenes the provisions of section 3 shall not be entitled to avail any benefit under any ongoing welfare scheme of the Government. 9. The provisions of this Act shall have effect notwithstanding anything contained to the contrary in any other law for the time being in force. 10. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Every rule 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 35 40
5 3 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 the 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 of annulment shall be without prejudice to the validity of anything previously done under that rule.
STATEMENT OF OBJECTS AND REASONS Rapid increase in population is creating pressure on available natural resources in the country. The resources are shrinking day by day due to consumption by increasing population. Our welfare schemes are not giving desired results as these schemes are meant for limited population. Unless we make a definite law to check population explosion, the welfare schemes will not yield desired results. It is very hard to replenish natural resources. Every citizen has a responsibility to use our natural resources in a sustainable manner and the increasing population is creating an extra burden on existing resources. Therefore, it is necessary to enact a law to put a check on increasing population at the earliest. In view of consistent threat to natural resources it is necessary to take immediate steps to check growing population in the country in order to achieve sustainable development. The Bill seeks to provide for making it compulsory for every citizen not to procreate more than two living children after one year from coming into force of this Act. It also provides that if any person contravenes the provisions of this Act, he shall not be entitled to avail any benefit under any ongoing welfare scheme of the Government. Hence this Bill. NEW DELHI; February 10, 2016. PRAHLAD SINGH PATEL 4
FINANCIAL MEMORANDUM Clause 7 of the Bill provides for taking steps to encourage, promote and motivate married couples to opt for small family norms. The Central Government shall have to incur some expenditure for implementing the provisions of this Bill in respect of Union Territories. The State Government will incur expenditure in respect of their States out of their respective consolidated funds. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is estimated that a recurring expenditure of rupees twelve crores per annum will be involved from the Consolidated Fund of India. No non-recurring expenditure is likely to be involved. 5
MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of a normal character. 6
LOK SABHA A BILL to provide for population control and for matters connected therewith. (Shri Prahlad Singh Patel, M.P.) GMGIPMRND 27LS(S3) 16.04.2016.