 bill no  83 of  2012 the  naxal affected states development council bill, 2012 by shri hansraj gangaram ahir, mp a billto provide for the constitution of a council to be known as the naxal affected states development council to formulate and monitor implementation of development plans and schemes for balanced and all-round development of naxal affected states and for matters connected therewithbe it enacted by parliament in the sixty-third  year of the republic of india as follows:—short title and commencement1 (1) this act may be called the naxal affected states development council act,2012definitions2 in this act, unless the context otherwise requires,—(a) "council" means the naxal affected states development council set up under section 3;5(b) "naxal affected states" means the states of bihar, west bengal, maharashtra, madhya pradesh, chhattisgarh, odisha, andhra pradesh and jharkhand; and(c) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, constitute a council to be known as the naxal affected states development council(2) the council shall consist of—constitution of the naxal affected states development council10(i) the chief minister of each of the naxal affected states: provided that if there is no council of  ministers in any naxal affected state, thepresident may nominate one person to represent such state in the council for a period till the council of ministers is formed in that state;(ii) members representing the naxal affected states in the house of the people;15(iii) leader of opposition in the legislative assembly of each of the naxalaffected state;(iv) three persons having experience of not less than fifteen years in the fieldof social or economic planning to be nominated by the central government;20(v) two persons having not less than fifteen years of experience of handlingand managing internal security; and(vi) the secretary of the department of home affairs of each of the naxal affectedstate(3) the chairperon of the council shall be nominated by the president from amongst the chief ministers of the naxal affected states in such manner, as may be prescribed(4) the term of office of the chairperson of the council shall be two years:2530provided that where a vacancy is caused in the office of the chairperson before the expiry of the period of two years due to issue of proclamation under article 356 of the constitution or otherwise, the president may nominate chief minister of any other naxal affected state as chairperson of the council for the remaining period or for a period till the new chief minister assumes office in that state, whichever is earlier 4 (1) the head office of the council shall be at nagpur in the state of maharashtra(2) the council shall meet at least five times in a calendar yearheadquarter and meetings of the council(3) the proceedings of every meeting of the council shall be forwarded to thecentral government and also to government of each of the naxal affected states35officers and staff of the council5 (1) the council shall have a secretarial staff consisting of a secretary, a planningadvisor, a financial advisor, a security advisor and such other officers and employees as the central government may, by order, determine(2) the secretarial staff of the council shall function under the direction, supervisionand control of the chairperson of the council40(3) the central government shall bear the administrative expenses of the councilincluding the salaries and allowances payable to the secretarial staff of the councilfunctions of the council6 (1) the council shall function as a planning body for balanced and all-rounddevelopment of naxal affected states(2) it shall be the responsibility of the council to formulate plans and schemes for ensuring peace and safety in the naxal affected states:5provided that the council may, if it considers necessary, formulate specific and time bound projects and schemes for areas having high naxal activity and also review, from time to time, the implementation of such projects and schemes(3) for securing the balanced development of the naxal affected states, the council shall forward the following proposals for consideration to the central government and the governments of naxal affected states:—(i) augmenting security measures; (ii) streamlining administration;10(iii) accelerating the industrial growth; (iv) improving accessibility through railways or roads;(v) providing communications and telecommunications facilities; (vi) providing electricity, drinking water and housing in rural areas;15(vii) improving health services including multi speciality healthcare facilities; (viii) providing educational facilities and gainful employment includingvocational education to people; and20(ix) compensation and financial assistance to the victims of or to the dependantsof persons killed or injured during naxalite or maoist violence and also providing government jobs to such persons for their rehabilitation(4) for the purpose of clause (iii) of sub-section (3), the council may recommend to the central government such concessions, including waiver of duty of excise, as it deems necessary, for a specific period to the industrial units in naxal affected states257 it shall be the duty of the central government and the government of each of thenaxal affected states to give due consideration to the proposals of the council and apprise the council of its views and decisions on such proposalscentral and state governments to give due consideration to the proposals of the council provision of funds to the council 8 the central government shall, after  due appropriation made by parliament by law, from time to time, provide adequate funds to the council for implementation of development plans and schemes formulated by the council30power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35(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 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 or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe presence of naxals, maoists and anti-social elements  is constantly on the rise in various parts of the country in a number of states, there is complete disruption of administrative work due to naxal activities, who are waging war by using arms and ammunitions against the state almost all areas affected by naxal activity are covered with dense forests and are located far away from the main areas all such areas are backward and poor there is an urgent need to take effective steps to bring these socially, economically and educationally backward areas into the mainstream by taking steps for their developmentit may not be correct to consider the naxalite problem as purely a problem caused by social and economic backwardness naxalites are trying to impose their ideology on the people by taking advantage of the backwardness and inaccessibility of the areas in which they operate elected representatives of local bodies from the naxal affected areas are resigning their offices due to increasing terror of the naxalites this is endangering democratic set up in these states as per the reports, as many as 6687 violent incidents have occurred in the country during the last four years resulting in death of 1856 civilians and of hundreds of policemen and security personnel given the severity of the problem, there is an urgent need for socio-economic development of the areas besides making the administration more effective the naxal affected states are rich not only in forests but also in precious minerals therefore, formulation and implementation of schemes for development of infrastructure, industries, education, health and supply of safe drinking water is the need of the hourthe bill proposes to set up a naxal affected states development council to focus on all-round development of the naxal affected states the setting up of such a council will go a long way in ensuring development of naxal affected states and as a result, the people living in naxal affected states will be free from fear and enjoy the fruits of social, economic and educational developmenthence this billnew delhi;hansraj  gangaram ahirjuly 23, 2012 financial  memorandumclause 3 of the bill provides for setting up of the naxal affected states development council clause 4 provides that the council shall have its headquarter at nagpur and meet at least five times in a calendar year clause 5 provides that the council shall have a  secretariat it further provides that the central government shall bear the administrative expenditure including salaries and allowances of secretariat staff of the council clause 8 provides that the central government shall provide adequate funds to the council for implementing the development plans and schemes after due appropriation made by parliament by law the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees six hundred crore is likely to be involved as a recurring expenditure per annuma sum of rupees four hundred crore is also likely to be involved as non-recurring expenditure memorandum  regarding  delegated  legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules to be made relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of a council to be known as the naxal affected states development council to formulate and monitor implementation of development plans and schemes for balanced and all-round development of naxal affected states and for matters connected therewith————