 bill no 86 of 198%  the food corporations (amendment) bill, 1982 a billfu;rthell to amend the food cotporationa a,ct, 1964 be it enacted by parlinment in the thirty-third year of the repuhhc of india as follows:-1 this act may be called the food corporations (amendment) act, short 1982 title 37 of ]964  5 2 in the food corporations act, 1964, (hereinafter referred to as the ~rincipal act), in sub-section (5) of section 12a,-amendment of section 12a (a) for clause (b), the following clause shall be substituted, nemely:-"(b) shall be dismissed or removed or reduced in rank 10 except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges:";  15 (b) in the proviso tb clause (b), for the words "provided that", the worns "providei further that" shall be substituted and before the proviso, as so amended, the following proviso shall be inserted, namely:-"provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be hnposed on the basis of the evidence adduced during such inqwry slid it shall not be nece'ssary to give such person any opportunity df making representation on the penalty proposed: ", amendmentof section 44r :{ in section 44 of th~ principal act, in sub-section (3), 'for the words "which may be comprised in one session or in two successive sessions, 5 arid if before the expiry of the session in which it is so laid or the session immediately following,", the words "which may be com::>rised in one session or in two or more successive sessions, and if, before the expiry of the session immediatply following the session or the successive sessions aforesaid," shall be substituted 10 4 in section 45 of the principal act,-amendmentol section 45 (a) after sub-sedlon (1), the 'following sub-section shall be fnserted namely:-"(la) the power t~ make regulations under this section shall include the power to give retrospective effect from a date ii) not earlier than thp date of commencement of this act, to thp regulations or any of them but no retrospective effect shall be given to any regulation ~o as to prejudicially affect the inter~gb of any person to whom such regulation may be applicable"; (b) after sub-sec-tinn (4), the following sub-section shall he 20 added, namely:- (5) every regulation 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 25 successive sessions and if, before the expiry of the session immediately following the session or the successive ses!donr aforesaid, both houses agree in making any· modification in the' regulation or both houses agree that the regulation should not be made, th~ regulation shall thereafter have effect only in 30 such modified form or he of no effect, as the case may be, $0, however, that any such modification or annulment shalt be without prejurjic'~ to the validity of anything previously lione under that regulation" 5: after section 45 of the principal act, the 'following section shall~) be inserted; namely:-insertion of new section 46 validation - "46 no regulation made or purporting to have been made with retrospective effect under section 45 of the principal act bt>fore the commencement of this aet shall be deemed to be invalid or ever to have been ~nvalid merely on the ground that such regulation 40 was made with retrospective effect and accordingly every such regulation and anv action taken or thing dotle thereunder shalt be as valid and effective as if the provisions of section 45 of the principal act, as amended hy this act, were in force at all material timf"r when such regulation was made or action or thing was taken or a 5 done" , according to section 12a of the food corporations act, 1964, employees of the central government whose services were transferred to the food corporation of india are entitled to a second opportunity of making representation in disciplinary proceedings where it is proposed to impose on the employees concerned the penalty of dismissal, removal or reduction in rank this is in accordance with the constitutional provision which applied to governmen~ servants at the time of their transfer subsequently, by the constitution (forty-second amendment) act, 1976, clause (2) of article 311 of the constitution has been amended doing away with the second opportunity the relevant service rules governing the government servants have already been amended to be in conformity with the constitutional amenrlments 2 with the amendment of the constitution, there is now no justification for continuing to allow the transferr~d employees of the food corporation o'f india the opportunity of being heard twice when that is 1'lo longer available even to government servants the rationale for giving the benefit, that they would have been entitled to this opportunity had they continued to remain in government service, has disappeared in view of this and in order to bring the provisions of section 12a of the food corporations act in conformity with the present constitutional position, it is proposed to amend sub-section (5) of section 12a of the food corporations act, 1964 so as to do away with the requirement of giving second opportunity of making representation with regard to the penalty proposed to be imposed 3 it is proposed to avail of the present opportunity to amend subsection (3) of section 44 of the act relating to laying df the rules made by the central government under section 44 before each house of the parliament, so as to bring it in line with the standard model clause recommended by the committee on subordinate legislation 4 it is also proposed to amend section 45 of the act relating to ,ower to make regulations so as to enable retrospective effect being given to the regulations the practice has been to make the same terms and conditions, pay scales, etc, which are applicable to employees of the government generally applicable to the employees of the food corpc\-ration for the purpose of extending the benefit of any revision in the pay scales or in the allowances paynble to, or the terms and conditions applicable to employees of the food corporation from the same date from which those benefits have been given to employees of the government, it becomes necessary to make the regulations on the subject with retrospective effect in accordance with the recommendations of the committee on subordinate legislation, provision is being made for laying of regulations before each house of parliament it is also proposed to make it clear in the proposed amendment that the p(,wer to make regulations with retrospective effect will not be exercised so as to prejudicially affect the interest of any person 5 it is also proposed to add a new section 46 to provide for validating retrospective effect given to the regulations already framed by the food corporation under the regulation making power conferred on it hy section 45 of the food corporations act, 1964 6 the bill seeks to achieve the above objects' new delhi; rao birendra singh the 24th april, 1982 clause 4 of the bill seeks to amend section 45 of the food corporations act, 1964 to empower the food corporation to make regulations thereunder with re'lopect to the terms and conditions of appointment and service and scales of pay of its employees with retrospective effect also such a power is neceso3ary to give effect to the decisions for extending with retro~ective effect benefits to the employees of the food corporation further, it has been made clear that no such regulation can be made so as to take effect from a date earlier than the commencement of the said act and so as to prejudicially affect the interest of any persl!ln governed by any such regulation this latter safeguard is in accordance with the directions of the committee on subordinate legislation in regard to the service matters of the employees of the central govtrnment besides, no such regulation can be made without the previous approval of the central government further, in accordance with the recommendations of the committee on subordinate legislation, provision is also being made for the laying of regulations before both houses of parliament in these circumstanc&6, the delegation of legislative power is of a normal character  lza (1)(37 of 1964) - - , - - - - - - - (5) no officer or oth~r employee transferred by an order made under sub-section (1) ,-- - - - - special provisions for transfer of govemment employees to the corporation incertain cases (b) shall be d;o::;missed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charg,es and where it is proposed, after ,u~h inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making a representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry: provided that this clause shall not apply,-(i) where an officer or employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or (ii) where the authority empowered to dismiss or remove an officer or employee or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or (iii) to an officer or employee who, after transfer to the corporation, is appointed to a higher post under the corporation in response to an open advertisement and in competition with outsiders - - - - - 44 (1) - - - - power to make rules (3) every rule made by the central government under this section shall be laid as soon as may be after it is made, before each house of parliament while it is in ;,ession for a total period or thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of th~ session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be' made, the rule shall thereafter have effect only in such modified form or be of 710 effect, as the case may be; so however that any such modification or annulment shall be withollt prejudice to the validity of anything previqusly done under that rule  a bill further to amend the food corporations act, 1964 (riio birendra si1ll:jh, minister of agriculture and rural development and civil supplies) 