12 where any person is prosecuted for contravening any of the provisions o| actor rules framed under the act the burden of proving his innocence shall lie on the burden of proof in certain cases or instrument making such complaint jurisdiction of courts 13, no court inferior to that a presidency magistrate or a magistrate of first cl shall try any offence punishable under this act power to exempt in special cases, 14, if the central government is of the opinion, having regard to the amount of public fund involved in the project or of the strategic importance, it may exempt, subject to such conditions as it may think fit, to impose on any industrial undertaking or ancillary industrial undertaking or factory or group of industrial undertakings, ancillary, industrial undertakings, or factories as it may specify in the notification, from the operation of all or any of the provisions of this act or any rule or order made thereunder power to make rules 15, the central government, may by notification in official gazette, make rules for carrying out the purposes of this act statement of objects and reasons'the object of the bill is to encourage the growth and development of indigenous industries by giving constructive preference in procurement of goods produced in india in view of the major changes introduced in the indian economy and the liberalization of industries and trade policies since july, 1991, the need is felt for giving encouragement to articles, materials, supplies which have been mined, produced or manufactured within the country for safeguarding and promoting the interest of domestic industries including domestic agricultural products the leaders of our freedom struggle had started a swadeshi movement for economic independence of the country, it is our national duty, too, to give protection to indigenous goods in the new economic scenario for a developing country like india, the government's role in infrastructure projects like power, road, national highway, ports, communication, railways, bridges, defence activities, refineries etc continues to be predominant, the public procurement of raw materials and inputs for the purpose of various ongoing and new projects plays a crucial role in generating a high demand for various industrial products in a country like india which is at the threshold of take-off stage for all round economic development it is the primary concern fora country, be it highly developed or developing, to see that the domestic industries set up with the help of massive investment, manpower and technology continue to receive positive support in the form of higher demand generation in situations where the inputs procured from the domestic sources satisfy all eligibility criteria like prices, technical dimensions and delivery schedules and the funds for the same are being provided from public resources or from borrowed fund by state or public agency, it can have a preferential treatment for procurement from domestic sources such measure is compatible to the provisions made in several countries it is expedient in the public interest to develop the indigenous industries without affecting in any way the quality and other aspects of the overall development as such an 'act to encourage the growth and development of indigenous industry including domestic agricultural products needs to be enacted by parliament in the fifty-fifth year of the republic of india new deut; sunil khan august, 17,2004 memorandum regarding delegated legislationclause 15 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to the matters of detail only the delegation of legislative power, therefore, is of anormal character