 bill no 73 of  2009 the promotion of two child norm bill, 2009 byshri baijayant panda, mp a billto provide for the promotion of two child norm to control population through incentives and for matters connected therewith or incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the promotion of two child norm act, 2009short title and extent(2) it extends to the whole of indiadefinition2 in this act, unless the context otherwise requires, "appropriate government" means in the case of a state, the government of that state and in other cases, the central governmentpromotion of two childnorm3 the central government shall in consultation with the governments of the states promote two child norm and adopt such measures as may be necessary to achieve the objective| two             ||-----------------|| norm for the    || general public |4 notwithstanding any custom, tradition or anything contained in any other law forthe time being in force, no person shall, after one year from the commencement of this act, procreate more than two children5 (1) a married couple who has no child, and if either of them voluntarily undergoes sterilisation, shall be given following incentives by the appropriate government, namely:—incentives for adoption of small family norm(a) a dwelling unit free of cost;5(b) one time out of turn promotion to the person if he is a government employee;and(c) free medical facilities, pension, food and shelter  in their old age(2) a married couple who has only one child and if either of them voluntarily undergoes sterilisation, shall be given the following incentives by the appropriate government, namely:—10(a) a dwelling unit at subsidised or concessional rates; (b) free education including technical and medical education to the child;(c) one time out of turn promotion to the person if he is a government employee; (d) one time cash reward, as may be prescribed; and(e) employment to the child after completion of his education15(3) a married couple having two living children, and if either of them voluntarily undergoes sterilization, shall be given the following facilities by the appropriate government, namely:—(a) free education including higher and technical education to both the children; (b) job to the children after completion of their education;20(c) two extra increments to government employees and one time cash reward often thousand rupees to those who are not government employees;(d) preferential allotment of dwelling unit under government housing schemes;and(e) such other facilities as the appropriate government may deem necessary43 of 1951256  after section 8a of the representation of the people act, 1951, the following section shall be inserted, namely:—insertion of new section 8b in act no 43 of 1951"8b (1) a person shall be disqualified if he procreates more than two living children:disqualification on ground of not following small family norm30provided that the person shall not be disqualified if he, within a period of one year from the date of commencement of the promotion of  two child norm act, 2009, procreates another living child and thereby the number of living children of that person increases to more than two(2) the disqualification referred to in sub-section (1) shall not apply in case of person having more than two living children on the date of commencement of the promotion of two child norm act, 2009"35undertaking by g o v e r n m e n t employees7 (1) any person who is serving in connection with the affairs of the union government or in any undertaking or organization under the control of the government and who has only one child or who has not procreated any child or who is unmarried on the date of coming into force of this act, shall give an undertaking that he shall not procreate more than two children:provided that the provision of this section shall not apply to an employee who has more than two living children on the date of coming into force of this act40(2) any person violating the provision of sub-section (1) shall not be eligible for any further increment and promotion during the tenure of his service and shall be subject to such other action as may be determined by the central government8 any person who procreates more than two children after one year from the commencement of this act shall not be entitled to the following facilities, namely:—disincentive for violation of the act(a) essential ration items including fuel like kerosene or any other ration itemsfrom  public distribution system;5(b) allotment of house from a housing scheme sponsored by the appropriategovernment or its agencies;(c) availing of any welfare or social security scheme; (d) free maternity facilities in any government hospital or dispensary or healthcare centre;(e) availing loan facility from any public sector bank or financial institution; and10(f) such other disincentives as may be prescribed9 the appropriate government shall introduce population control as a compulsory subject in all educational institutions in such manner as may be prescribedintroduction of population control as a subject in educational institutions1510 (1) no marriage shall be solemnised between a male who is less than twenty-fiveyears of age and a female who is less than twenty-one years of agerestriction on age of marriage(2) any marriage solemnised in contravention of the provisions of this sub-section (1)shall be void2011 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate fund for carrying out the purposes of this act from time to timecentral government to provide funds act to have over-riding effect12 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force2513  the provisions of this act shall be in addition to and not in derogation of anyother law, for the time being in forceact not inderogation of any other lawpower to make rules14 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act3035(2) every rule made under this section 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 of annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsafter china, ours is the most populous country in the world and we have already crossed the one billion mark  if this explosion of  population is not checked effectively within next ten to fifteen years, china will be left far behind and ours will become the most populous nation  although india occupies only 24 per cent  of global land area, it is home to 20 per cent of  the world population, which has made our country one of  the most densely populated nations in the world this has given rise to unparalleled transformation of human values, social institutions and economic structures due to overcrowding caused by population explosion, law and order situation in most parts of the country is deteriorating day by day incidents of robbery, snatching, stealing, rape, murder and other crimes are rising unemployment among the youth, more so amongst the educated ones, is rising menacingly and the gap between the haves and have-nots is creating explosive situations in most parts of the country, agricultural land holdings are fast becoming smaller and smaller and uneconomical because of its division generation after generation the housing needs in urban as well as in rural areas are far beyond the available finances and educational facilities are hopelessly inadequate to meet even with the existing demands let alone the future ones the population explosion is adversely affecting the ecological balance of our nation the drinking water has become scarce the ground water level has alarmingly gone down and has become contaminated and poisonous the jungles are fast depleting resulting in less rains causing frequent droughts air, water and noise pollution has risen to dangerous levels the civic  amenities have almost broken down throughout the country thus the entire scenario has become alarming due to ever increasing population since there is no balance between population growth and the available resources, a developing nation like ours can hardly expect to achieve a quality life by adding further to her numbers day by daytherefore, the time has come to check the population growth effectively and this menace has to be tackled at all levels the situation has become alarming due to apathy  of populace to foresee this population explosion time bomb which will create   havoc if  strong measures are not taken at the earliest to defuse this time bomb for this, two child  norm has to be enforced stringently and incentives and disincentives have to be  introduced otherwise the growing population will certainly hamper the  progress and  prosperity of our nationhence this billnew delhi;baijayant pandajune  5, 2009 ———— president's recommendation under  article 117 (3) of the constitution[copy of letter no h 11018/1/2009-ply, dated 17 august, 2009 from shri ghulam nabi azad, minister of health and family welfare to the secretary-general, lok sabha]the president, having been informed of the subject matter of the promotion of two child norm bill, 2009 by shri baijayant panda, member  of parliament, has recommended consideration of the bill by lok sabha under article 117(3) of the constitution financial memorandumclause 5 of the bill provides for certain incentives for adoption of small family normclause 11 provides that the central government shall, after due appropriation made by parliament by law provide adequate fund for carrying out the purposes of this act from time to time the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one thousand crore will be involved as a recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure to the tune of rupees five hundred crore  is also likely to be involved memorandum  regarding  delegated  legislationclause 14 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only, and as such the delegation of legislative power is of a normal character lok  sabha———— a billto provide for the promotion of two child norm to control population through incentives and for matters connected therewith or incidental thereto————gmgipmrnd—4200ls-(s5)—10-11-2009