 bill no xiv of 2007 the population control and family welfare bill, 2007 a billto provide for measures to control the population; promotion of small family norms byproviding incentives for small family or one child norm through sterilization, by the central and state governments and disincentives for those who do not opt for small family norm and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the population control and family welfare act, 2007(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into effect with immediate effectdefinitions2 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) "fund" means national population control fund established under section 9; (c) "prescribed" means prescribed by rules made under this act;3 the central government shall, through the electronic and print media, nongovernmental organizations, theatre groups and village officers, promote and popularize one child norm to check the population growthcentral government to promote one child norm43 of 19514 notwithstanding anything contained in the representation of the people act, 1951or in any other law for the time being in force, a citizen shall be disqualified from contesting the election or from being a member of either house of parliament or of the legislature of a state or of the local self government bodies, if he is having more than two living children:disqualification from contesting elections or being a member of legislatureprovided that the provisions of this section shall not apply to a citizen having more than two living children on or before the date of commencement of this act5 notwithstanding anything contained in any other law for the time being in force, any central government employee or an employee of a public sector undertaking or body or authority under the control of central government who has more than two living children, shall not be eligible for any further increment in his salary or promotion in career:central government employee not to be entitled for increment and promotionprovided that the provisions of this section shall not apply to an employee who has more than two living children on or before the date of commencement of this actminimum age for marriage for male and female6 notwithstanding anything contained in any other law for the time being in force, no marriage shall be solemnized between a male who is less than twenty-five years of age and a female who is less than twenty-one years of age and any marriage solemnized in contravention of the provisions of this section shall be void7 notwithstanding anything contained in any other law for the time being in force, the appropriate government shall provide to a married couple,—incentives on opting for family planning(a) who opts for one child norm by way of sterilization, the following incentives, namely:—(i) a dwelling unit on concessional rates, as may be prescribed; (ii) education including technical education to the child, free of cost; (iii) one time out of turn promotion to government servant and a cash reward of rupees twenty-five thousand to others including those in private service:provided that if the child is a girl child, the couple shall be given a cash reward of not less than rupees one lakh in fixed deposits for a period of twenty years(iv) employment to the child after completing education as per his ability and qualification (b) who have two children and opt for family planning by way of sterilization thereafter shall be given the following incentives, namely:—(i) dwelling unit at concessional rates as may be prescribed; (ii) free education to both the children upto graduation level; (iii) two advance increments in a grade to government servant and one time cash award of rupees twenty-five thousand to others including those in private service8 (1) any married couple who procreates more than two children after the commencement of this act, shall,—disincentives for having more than two children(a) be debarred from availing the facilities of public distribution system; (b) not be given medical facilities available free of cost to citizens through government hospitals and dispensaries;(c) not be given the facility of free education to their children under any of the schemes of the government;(d) be debarred from availing such other facilities, as may be prescribed45 of 1860(2) notwithstanding anything contained in the indian penal code or any other law forthe time being in force, any married couple who procreates more than three children, shall be punished with imprisonment for a term which may extend to one year or a fine which may extend to twenty-five thousand rupees or with bothestablishment of population control fund9 the appropriate government shall, as soon as may be, but within six months of the commencement of this act, establish a fund to be known as the population control fund consisting of:—(a)  sums paid to the funds by the appropriate government after dueappropriations made by law(b)  donations received from corporate bodies, other bodies and general public10 the fund shall be utilized for:—utilisation of fund(a) wide publicity to the need for population control; (b) providing funds to popularize the family welfare programmes; (c) providing incentives under the provisions of this act;(d) such other purposes as may be prescribedoverriding effect and savings11 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law or in any instrument having effect by virtue of any other law, but save as aforesaid, the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force in any part of the countrypower to make rules12 the appropriate government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsour population has grown and has already crossed one billion mark today, we are the second highest populous country in the world after china we have less than three per cent of the global land but sustaining more than sixteen per cent of the world's population the continuous rise in population has brought the development made so far in the country to a naught this has resulted in many socio-economic problems like shortage of housing, educational facilities, potable water, pathetic civic amenities, unemployment, environmental degradation, scanty health and transport facilities, etc the overcrowding is also resulting in worsening of law and order situation and also widening the gap between the haves and have-nots in fact, there is no balance between the population growth and the infrastructure and available opportunitiesif the present growth in the population is allowed to continue, then it will be difficult for us to tackle these problems effectively and they will go beyond our control we have to go for population control for our survival therefore, we have to adopt some harsh measures to control the population growth or it will be too late to react besides it is also necessary to give incentives to those who opt for family planning to promote it and disincentives and penalty to those contributing excessively to population explosion to discourage themhence this billmahendra mohan financial memorandumclause 3 of the bill provides for publicity by central government to promote one child norm in the country clause 7 provides for various incentives for adopting family planning clause 9 provides for the establishment of population control fund the bill if enacted will involve expenditure from the consolidated fund of india and it is estimated that rupees two thousand crores will involve as recurring expenditure per annum a non-recurring expenditure of rupees five hundred crores is also likely to be involved memorandum  regarding  delegated  legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the matter will relate to details only, the delegation of powers is of normal character———— a billto provide for measures to control the population; promotion of small family norms byproviding incentives for small family or one child norm through sterilization, by the central and state governments and disincentives for those who do not opt for small family norm and for matters connected therewith or incidental thereto————(shri mahendra mohan, mp)mgipmrnd—1223rs(s-5)—16032007