 bill no 328 of 2015 the transgender persons (welfare) bill, 2015 bydr kakoli ghosh dastidar, mpa billto provide for welfare of transgender persons and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of republic of india as follows:—1 (1) this act may be called the transgender persons (welfare) act, 2015 (2) it extends to the whole of indiadefinitions2 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) "special court"means a court established under section 6;(c) "fund"means transgender persons welfare fund constituted under section 3;5(d) "prescribed" means prescribed by rules made under this act; and(e) "transgender person"means a person, whose gender does not match with the gender assigned to that person at birth notwithstanding his or her genotypical or phenotypical sex103 (1) the central government shall constitute a fund to be known as the transgender persons welfare fund for providing social security to transgender personsconstitution of the transgender persons welfare fund(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribed(3) the fund shall be administered by a board consisting of—15(a)one eminent person having special knowledge- chairperson;or practical experience in the field of transgender rights and rehabilitation(b)one representative of each of the state government—member; and20(c)two transgender persons—members,to be appointed by the central government in such manner as may be  prescribed(4) the salary and allowances payable to and other terms and conditions of service of the chairperson and members of the board shall be such as may be prescribed25(5) the central government shall provide such number of officers and staff to the board as may be required for its efficient functioning(6) the salary and allowances payable to and other terms and conditions of service of the officers and staff of the board shall be such as may be prescribed4 the board shall—functions of the board30(a)  study the problems being faced by the transgender persons and suggest remedial measures to the appropriate government; and(b)  promote awareness about the rights of the transgender persons and safeguards available for their protection 5 every transgender person shall be entitled to—(a)  freely express his gender identity and be considered as a third gender;rights of transgender persons35(b)  access to education and vocational training;(c)  basic rights like right to personal liberty, dignity, freedom of expression, right against violence and right to employment and livelihood opportunities;(d)  medical facilities including health services and health insurance; and| (                                                                                          | e   | )  right to marry and live in home with his immediate family members   ||--------------------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------|| 40                                                                                         |     |                                                                         || special courts                                                                            |     |                                                                         || 6                                                                                         | (1) |                                                                         || of basic rights of transgender persons, every state government shall, with the concurrence |     |                                                                         || of the chief justice of the high court concerned, by notification in the official gazette, |     |                                                                         || establish an exclusive special court for one or more districts within the state:           |     |                                                                         |provided that in districts where the number of cases tried by a special court falls below such number as may be prescribed, the state government may, with the concurrence of the chief justice of the high court concerned, by notification in the official gazette, designate the court of session to be a special court to try the offences under this act for such districts:5provided further that the court so established or designated, as the case may be, may, suo moto take cognizance of offences under this act10(2)  it shall be the duty of the state government to establish adequate number of special courts to ensure that the cases under this act, as far as possible, are disposed of within a period of two months from the date of their filing in that court7 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purpose of this actcentral government to provident funds15power to make rules8  (1)  the central government may, by notification in the official gazette, make rules for carrying out the purpose of this act20(2)  every rule 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 more successive sessions, and if before the expiry of the session immediately following the sessions or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rules 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 reasonsall human beings are born free and equal in dignity and ought to be entitled to enjoyment of human rights without discrimination on the basis of sexual orientation and gender identity however, such is not the case with the transgender persons the discrimination based on their class and gender makes the transgender community one of the most disempowered and deprived section of society transgender people face variety of problems they do not command same respect, dignity and equality as is being enjoyed by other persons in society the society treats them differentlyit is, therefore, necessary to recognize the deprivation being suffered by transgender persons and initiate suitable legislative measures for their overall developmenthence this billnew delhi;july 21, 2015kakoli ghosh dastidar financial memorandumclause 3 of the bill provides for constitution of a transgender persons welfare fundit further provide for constitution of a board to administer the welfare fund clause 4 provides that the board shall promote awareness about the rights of the trangender persons and safeguards available for their protection clause 5 provides for vocational training and access to medical facilities including health insurance to the transgender persons clause 6 provides for establishment of special courts to deal with the cases arising out of infringement of basic rights of transgender persons clause 7 provides that the central government shall provide adequate funds to the state governments for carrying out the purposes of the bill the bill, therefore, if enacted will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees fifty crore per annuma non-recurring expenditure of about rupees twenty crore is also likely to be involved memorandum regarding delegated legislationclause 8 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———— a billto provide for welfare of transgender persons and for matters connected therewith————(dr kakoli ghosh dastidar, mp)gmgipmrnd—2329ls(s3)—09122015