 bill no 239 of  2017 the population stabilization bill, 2017 byshri gajanan kirtikar, mp a billto provide for promotion of family planning measures by the central and the state governments for population stabilization in the country through various incentives and disincentives so as to ensure that the population is commensurate with its social, economic and other developments and with the ecological balance and bridge the gap between the haves and have nots and for achieving quality of life and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the population stabilization act, 2017short title, extent and commencement(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) "prescribed" means prescribed by rules made under this act; and(c) "small family" means family having one child5declaration3 it is hereby declared that the provisions of this act are for the purposes of giving effect to the policies of the state towards securing the principles laid down in article 38 of the constitution of india10formulation of comprehensive populationpolicy4 the central government shall, as soon as may be, by notification in the official gazette, formulate a comprehensive population policy particularly for the purposes of having one child norm for the eligible couples and other issues including economic, educational, legal, medical, social and other incidental aspect to promote small family norms so as to effectively control the booming population of the country in order to achieve rapid economic progress and raise the standard of living of the masses155 notwithstanding anything contained in any other law for the time being in force, the employee of the central government or of a public sector enterprise under the control of the central government who adopts small family norm by undergoing sterilization operation himself or of the spouse shall be given:—facilities to government employees who adopts small family norm(a) one year additional salary with all allowances along with two additionalincrements as incentives;20(b) plot or house site or built house from housing board or developmentauthority of the government at subsidized rates;(c) loan for construction or purchasing the house from banks or financialinstitutions on nominal rate of interest;(d) free healthcare facilities and insurance coverage to parents of single child;25(e) free healthcare facilities to single child till he attains the age of twenty-fiveyears;(f) preference to single child in admission in all educational institutionsincluding aiims, iit and iim(g) preference to single child in all government jobs; and30(h) such other benefits and incentives as may be prescribed6 the incentives and benefits referred to in section 5 shall be extended mutatis mutandis to the general public in the manner provided thereinextention of benefits to general public357 whoever in contravention of small family norm procreates more than one child, shall be ineligible to avail  incentives and benefits provided in this act and in addition thereto shall,—(a) be denied the subsidies in matters of loans extended to him;loss of benefits whoever contravenes small family norm(b) not be eligible to get the benefits of public distribution system; (c) not be given any loan by any bank or financial institution; and (d) not be entitled for such other facilities as may be prescribed408  any woman having more than one living child shall be provided maternity leave but the emolument benefit of the maternity period shall stand withdrawn:provided that if, such woman agrees to undergo sterilization operation after the birth of her second child then she shall be provided with the requisite maternity facilities forthwithno maternity facilities to be given for those having more than one living childrenmiscellaneous provisions9 (1) notwithstanding anything contained in any of the election laws for the time being in force, a citizen shall be disqualified for being chosen as a member of either house of parliament or of the legislature of a state or of any body of the local self government, if such citizen has more than two living children:5provided that this provision shall not apply in case of a citizen having more than twoliving children on or before the date of commencement of this act(2) 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-two years of age10(3) every serving government employee shall give an undertaking that he shall notprocreate more than one child:provided that this provision shall not apply to those government employees who have more than one living children on or before the date of commencement of this act10 the provision of this act shall not apply in case of birth of twinsact shall not apply on birth of twinspenalty1511 whoever contravenes,—(a) the provisions of sub-section (2) of section 9 shall be punishable with simple imprisonment for a term which shall not be less than two years but may extend to four years and also with a fine, which may extend to two lakh rupees20(b) the provisions of sub-section (3) of section 9 shall forfeit his right topromotion and shall not be eligible for any further increment till he is in government service12 the appropriate government shall,—duties of the government(a) implement the revised national population policy to achieve the goalsenumerated therein;25(b) set up maternity hospitals and centers in sufficient numbers at conspicuousplaces;(c) distribute contraceptive pills, condoms through healthcare centres andnon-governmental organisations;(d) organize sterilization camps from time to time;30(e) distribute iron and vitamin capsules and tablets amongst the expectingmothers;(f) give wide publicity to the benefits of having small families; and (g) undertake such other measures as it may deem fit and expedient for thepurposes of this act3513 the central government shall after due appropriation made by parliament bylaw in this behalf, provide requisite funds for carrying out the purposes of this act from time to timecentral government to provide fundspower to remove difficulty4014 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may make such order or give such direction, not inconsistent with the provisions of this act as may appears to it to be necessary or expedient for the removal of the difficulty:provided that no order shall be made under this section after the expiry of two yearsfrom the commencement of this actoverriding effect15 the provisions of this act  shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in forcesavings16 the provisions of this act shall be in addition to and not, save as otherwiseexpressly provided in this act, in derogation of any other law for the time being in forcepower to make rules17 (1) the central govenment may, by notification in the official gazette, make rulesfor carrying out the purposes of this act510(2) every rule 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 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 or annulment shall be without prejudice to the validity of anything previously done under that rule statement  of  objects  and  reasonsours is the second most populous country after china the booming population has already crossed the one billion benchmark and currently, it is around one hundred and twenty-five crores, which is increasing every moment having only 24 per cent of global land area, we have more than sixteen per cent of the global population making it the most densely populated nation of the world this scenario is compelling, at least half of the population is living in slums under squalid conditions  unemployment is rising rapidly causing frustration amongst the unemployed, particularly the youth who are being lured by anti-national elements there is unparallel transformation of human values, social institutions and economic structures agriculture land  holdings are becoming smaller and smaller  the housing needs are far beyond the available finances and the shortage of housing is appalling educational facilities are becoming hopelessly poor overcrowding is also causing environmental degradation trees are being felled to meet the demand for fuel, construction, furniture and other purposes which is leading to shrink of forest cover the increased level of carbon-di-oxide in the environment is resulting in harmful diseases the healthcare facilities are far from satisfactory and if this trend continues, we can hardly expect to achieve improved quality of life and the situation will move from bad to worseit is, therefore, imperative that effective steps must be taken to check the booming population and this should be tackled at all levels a clear message must go across the nation that since our resources are limited, we have to opt for small families it is very unfortunate that despite availability of various birth control measures and several family planning programmes, the population continues to rise menacingly the bill seeks to promote small family norm among citizens through various incentives and disincentives in order to achieve population stabilisation in the countryhence this bill financial memorandumclause 5 of the bill provides certain benefits to government employees who adopt small family norm clause 6 provides for extension of benefits to general public who adopt small family norm clause 13 provides that the central government shall provide requisite funds from time to time for carrying out the purposes of the bill the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees ten crore will be involved out of the consolidated fund of indiano non-recurring expenditures is likely to be involved memorandum  regarding  delegated  legislationclause 17 of the bill gives power to 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 promotion of family planning measures by the central and the stategovernments for population stabilization in the country through various incentives and disincentives so as to ensure that the population is commensurate with its social, economic and other developments and with the ecological balance and bridge the gap between the haves and have nots and for achieving quality of life and for matters connected therewith and incidental thereto(shri gajanan kirtikar, mp)gmgipmrnd—2649ls(s3)—18-12-2017