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Extraordinary Gazette of India · Government of India

The Delegated Legislation Provisions (Amendment) Act, 2004.

Published 07 December 2004

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अरत सरकार 26/7/05 2817/05

REGISTERED NO. DL—(N )04/0007/2003-05 री रजिस्ट्री सं० डी० एल ०(एन ) 04 / 0007/ 2003-05

आवनय बितरण एकछ

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2-0 भारत का राजपत्र The Gazette of India

असाधारण

25-

EXTRAORDINARY

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भाग II - खण्ड 2

2

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PART II- Section 2

प्राधिकार से प्रकाशित

CPB- 158

PUBLISHED BY AUTHORITY

सं० 13]

नई दिल्ली, मंगलवार, दिसम्बर 7, 2004 / अग्रह्मयण16,1926

260 ] NEW DELHI, TUESDAY, DECEMBER 7 , 2004 / AGRAHAYANA 16, 1926

No. 13

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।

Separate paging is given to this Part in order that it may be filed as a separate compilation.

RAJYA SABНА

The following Bill was introduced in the Rajya Sabha on 7th December, 2004:-

BILL NO . LI OF 2004

ABill to amend certain Acts to implement the recommendations ofthe Committees on Subordinate Legislation regarding publication and laying ofrules and other delegated legislation.

BE it enacted by Parliament in the Fifty -fifth Year of the Republic of India as follows:-

2004. 1. This Act may be called the Delegated Legislation Provisions (Amendment) Act, Short title .

2. The enactments specified in the Schedule are hereby amended to the extent and in Amendment of the manner mentioned in the third column thereof.

certain enact- ments.

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1. The Punjab Laws Act, 1872(4 of1872)

Section 50A shall be re- numbered as sub- section ( 1) thereof, and after sub-section ( 1 ) as so re -numbered, the following sub-section shall be inserted , namely:-

"(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it ismade, before the State Legislature ." .

2. The Central Provinces LawsAct, 1875 (20 of 1875 )

Section 10 shall be re- numbered as sub - section ( 1) thereof, and after sub- section (1 ) as so re-numbered , the following sub - section shall be inserted , namely:-

"(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it ismade, before the State Legislature." .

3. The Oudh Laws Act, 1876 (18 of 1876)

Section 40 shall be re-numbered as sub -section ( 1) thereof, and after sub- section ( 1) as so re -numbered , the following sub- section shall be inserted, namely:-

"(2) Every rule made by the State Government under section 39 shall be laid, as soon as may be after it is made, before the State Legislature ." .

4. The Indian Treasure -trove Act, 1878 (6 of1878)

Section 19 shall be re -numbered as sub - section ( 1) thereof, and after sub - section ( 1) as so re-numbered, the following sub- section shall be inserted, namely:-

"(2) Every rule made by the State Government under this Act shall be laid , as soon as may be after it ismade, before the State Legislature.".

5. The Northern India Ferries Act, 1878 ( 17 of 1878)

Section 12 shall be re- numbered as sub - section ( 1 ) thereof, and-

(a) in sub-section ( 1) as so re - numbered, for the words " make rules", the words ", by notification in the Official Gazette , make rules " shall be substituted;

(b) after sub-section ( 1 ) as so re-numbered, the following sub - section shall be inserted, namely:-

"(2) Every rule made under this Act by the Commissioner of a division or the officer appointed by the State Government shall be laid, assoon as may be after it is made, before the State Legislature.".

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6. The Hackney - carriage Act , 1879 ( 14 of 1879)

Section 6 shall be re- numbered as sub -section ( 1 ) thereof, and after sub - section ( 1) as so re- numbered, the following sub - section shall be inserted, namely:-

"(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature." .

7. The Obstructions in Fairways Act, 1881 (16 of1881)

Section 8 shall be re- numbered as sub-section ( 1 ) thereof, and after sub-section (1) as so re -numbered, the following sub- section shall be inserted, namely:-

"(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it ismade, before each House ofParliament, while it is in session, for a total period of thirty days which maybe 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 Houses agree that the rule should not be made , the rule shall thereafter have effect only in such modified form or beofno effect, as the case may be; so, however, that any such modification or annulment shall be with- out prejudice to the validity of anything previously done under that rule ." .

8. The Land Improvement LoansAct, 1883 ( 19 of 1883 )

Section 10 shall be re -numbered as sub- section ( 1) thereof, and after sub - section ( 1) as so re- numbered, the following sub - section shall be inserted , namely:-

"(2) Every rule made by the State Government under this Act shall be laid , as soon as may be after itismade, before the State Legislature." .

9. The Agriculturists ' Loans Act, 1884 ( 12 of 1884)

Insection 4, after sub - section (2) , the following sub- section shall be inserted , namely:-

"(3) Every rule made by the State Government or a Board of Revenue or a Financial Commissioner under this Act shall be laid , as soon as may be after it ismade, before the State Legislature." .

10. The Indian TramwaysAct, 1886( 11 of 1886)

After section 24, the following section shall be inserted, namely:--

Rules tobe laid before Parliament and State Legislature.

"24A . ( 1 ) Every rule made by the Central Government 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 4

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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 ofno 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 .

(2) Every rule made by a State Government or a local authority or a promoter or a lessee under this Actshall be laid, as soon as may be after it is made, before the State Legislature . " .

Section 7 shall be re- numbered as sub - section ( 1 ) thereof, and -

11. The Government Management ofPrivate Estates Act, 1892 ( 10 of 1892) :

(a) in sub -section ( 1 ) as so re- numbered, for the words "may make any rules" , the words " may, by notification in the Official Gazette , make rules" shall besubstituted;

(b) after sub -section ( 1 ) as so re -numbered , the following sub - section shall be inserted, namely:-

"(2) Every rule made and every order issued by the State Government under this Act shall be lald, as soon as may be after it is made , before the StateLegislature." .

In section 26 , -

12. The Reformatory Schools Act, 1897 (8 of 1897)

(a) in sub -sections ( 1) and (2) , for the words "make rules" , the words " make rules , by notification inthe Official Gazette ," shall be substituted;

(b) after sub-section (2 ) , the following sub- section shall be inserted , namely:-

"(3) Every rule made by the State Government or a Board of Management of a Reformatory School under this Act shall be laid, as soon as may be after it is made , before the State Legislature." .

13. The Lepers Act, 1898 (3 of1898)

Section 16 shall be re- numbered as sub- section ( 1 ) thereof, and after sub-section (1 ) as so re -numbered, the following sub -section shall be inserted , namely:-

"(2) Every rule made by the State Government under this Act shall be laid , as soon as may be after it ismade, before the State Legislature. " .

14. The Indian Post Office Act, 1898 ( 6 of 1898)

Insection 74, after sub- section ( 3 ) , the following sub- section shall be inserted , namely:-

"(4) Every rule made by the Central Government under this Act shall be laid , as soon asmay be after it is made, before each House of SEC. 2 ]

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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 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.".

Insection4,

15. The Live- stock Importation Act, 1898 (9 of 1898)

(a) in sub-section ( 1 ) , for the words " State Government may make rules" , the words " State Government may, by notification in the Official Gazette, make rules " shall be substituted;

(b) after sub -section ( 1 ) , the following sub-sec- tion shall be inserted , namely:-

"( 1A) Every rule made by the State Govern- ment under this Act shall be laid , as soon as may be after it is made , before the State Legislature.".

16. The Indian Stamp Act, 1899 (2 of 1899)

In section 76 , after sub-section (2) , the following sub- section shall be inserted , namely: ---

"(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it ismade, before the State Legislature." .

17. The Glanders and Farcy Act, 1899 ( 13 of 1899)

Insection 14, after sub-section (3), the following sub- section shall be inserted , namely:-

"( 34) Every rule made by the State Government under this Act shall be laid, as soon as may be after it ismade, before the State Legislature." .

In section 23 ,-

18. The Ancient Monuments Preservation Act, 1904 (7 of1904)

(a) in sub - section ( 1 ) , for the words "may make rules " , the words " may, by notification in the Official Gazette, make rules " shall be substituted;

(b) after sub -section (2 ) , the following sub-sec- tion shall be inserted, namely:-

" (3) Every rule made by the Central Government under this Act shall be laid , as soon asmay 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 6

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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 no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity ofanything previously done under that rule . " .

19. The DourineAct, 1910 (5of1910)

In section 14, after sub - section (3) , the following sub- section shall be inserted , namely:-

"( 3A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature ." .

Insection 19 , after sub -section (3) , the following sub- sections shall be inserted, namely:-

20. The Banaras Hindu UniversityAct, 1915 (16 of 1915)

"(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.

(5) Every Statute , Ordinance or Regulation made under this Act shall be laid , as soon as may be after it ismade, before each House of Parliament, while it is in session , for a total period of thirty days which maybe 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 Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made , the Statute, Ordinance or Regulation 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 shalt be without prejudice to the validity of anything previously done under that Statute , Ordinance or Regulation ." .

21. The Inland Vessels Act, 1917 ( 1 of 1917)

Insection 74, after sub - section ( 3) , the following sub- section shall be inserted , namely:--

"(4) Every rule made by the State Government under thisAct shall be laid, as soon as may be after it is made, before the State Legislature." .

In section 31 , after sub - section ( 3) , the following sub-sections shall be inserted , namely:-

22. The Aligarh Muslim UniversityAct, 1920 (40 of1920)

"(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette .

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(5) Every Statute , Ordinance or 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 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 Statute , Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made , the Statute, Ordinance or Regulation 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 Statute, Ordinance or Regulation." .

23. The Delhi University Act, 1922 (8 of 1922)

In section 32, after sub - section ( 3 ), the following sub - sections shall be inserted , namely:-

"(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette .

(5) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it ismade, before each House of Parliament, while it is in session , for a total period of thirty days which maybe comprised in one session or in two or more successive sessions , and if, hefore the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the Statute, Ordinance orRegulation or both Houses agree that the Statute, Ordinance or Regulation should not be made , the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be ofno effect, as the case may be; so , however, that any such modification or annulment shall be without prejudice to the validity of anything previouslydone under that Statute, Ordinance or Regulation. ".

24. The Mussalman WakfAct, 1923 (42 of 1923 ).

In section 11 , after sub - section ( 2) , the following sub- section shall be inserted, namely:---

"(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it ismade , before the State Legislature." .

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In section 51 , -

25. The Indian ForestAct , 1927(16 of 1927)

(a) insub -section ( 1) , for the words "may make rules" , the words " may, by notification in the Official Gazette, make rules " shall be substituted;

(b) after sub - section (1 ) , the following sub -sec- tion shall be inserted, namely:-

"( IA) Every rule made by the State Govern- ment under this Act shall be laid, as soon as maybe after it is made , before the State Legisla- ture.".

Insection 28 , -

26. The Murshidabad Estate Administration Act, 1933 (23 of1933)

(a) insub-section ( 1) , for the words " make rules" , the words " and by notification in the Official Gazette, make rules" shall be substituted;

(b) after sub - section (2) , the following sub- section shall be added at the end , namely:-

"(3) Every rule made by the Board of Revenue under this Act shall be laid , as soon as may be after it ismade , before the State Legislature.".

27. The Sugarcane Act, 1934 (15 of 1934)

Section 8 shall be re- numbered as sub -section ( 1 ) thereof, and after sub -section (1 ) as so re -numbered, the following sub-section shall be added at the end, namely:-

"(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it ismade, before the State Legislature." .

28. The Manoeuvres , Field Firing and Artillery Practice Act, 1938 ( 5 of 1938 )

Section 13 shall be re -numbered as sub - section ( 1) thereof, and after sub- section ( 1) as so re-numbered, the following sub - section shall be inserted , namely:

"(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it ismade , before the State Legislature." .

Insection20 , after sub -section (2) , the following sub- section shall be inserted, namely:-

29. The War Injuries (Compensation Insurance) Act, 1943 (23 of 1943)

"(3) Every rule made by the Central Govern- ment under this Act shall be laid , as soon as may be after it is made, before each House of Parlia- ment, 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 9

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modification in the rule or both houses agree that the rule should not be made , the rule shall there- after 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 pre- viously done under that rule . " .

30. The Minimum Wages Act, 1948 ( 11 of 1948)

Section 30A shall be re- numbered as sub- section (1)thereof, and after sub - section (1 ) as so re -numbered, the following sub - section shall be inserted , namely:-

"(2) Every rule made by the State Government under thisAct shall be laid , as soon as may be after it is made , before the State Legislature. " .

Insection 6, after sub - section (2) , the following sub- section shall be added at the end, namely:-

31. The Reserve Bank (Transfer to Public Ownership ) Act, 1948 (62of 1948)

" (3 ) Every rule made by the Central Government under this Act shall be laid , as soon asmay 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 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." .

In section 17 ,-

32. The Drugs (Control ) Act, 1950 (26 of 1950)

(a) in sub-section ( 1) , for the words "may make rules", the words "may, by notification in the Official Gazette, make rules " shall be substituted;

(b) after sub - section ( 2) , the following sub -section shall be inserted, namely:-

"(3) Every rule made by the Central Government under this Act shall be laid, as soon asmay 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 Houses agree that the rule should not be made , the rule shall thereafter have effect only in such modified form orbe ofno effect, as the case may be; so, however, 10

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that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule." .

33. The Road Transport CorporationsAct, 1950 (64 of 1950)

(a) In section 45, in sub -section ( 1 ), for the words "the State Government" , the words " the State Government and by notification in the Official Gazette" shall be substituted;

(b) after section 45, the following section shall be inserted, namely:-

Every rule and regulation to be laid before State Legislature.

"45A. Every rule and every regulation made under this Act shall be laid , as soon as may be after it is made, before the State Legislature ." .

In section 9, after sub -section (2), the following sub- section shall be inserted , namely:-

34. The Jallianwala Bagh National Memorial Act, 1951 (25 of 1951 )

"(24) Every rule made by the Central Govern- ment 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 inmaking any modification in the rule or bathHouses agree that the rule should not be made , the rule shall thereafter have effect only in such modified form or be ofno effect, as the case may be ; so, however, that any such unodification or annulment shall be with- out prejudice to the validity of anything previously done under that rule." .

35. The Visva-Bharati Act, 1951 (29 of 1951 )

In section 31 , after sub -section (3 ), the following sub- sections shall be inserted, namely:-

"(4) EveryStatute, Ordinance or Regulation made under this Act shall be published in the Official Gazette .

(5) Every Statute, Ordinance or Regulation made under this Act shall be laid , as soon as may be after it ismade, before each House of Parliament, while it is in session, for a total period of thirty days , Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parlia- ment which may be comprised in one session or in two or more successive sessions , and if, before the expiry ofthe session immediately following the ses- sion or the successive sessions aforesaid , both Houses agree in making any modification in the Statute , Ordinance or Regulation or both Houses agree that SEC. 2]

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the Statute, Ordinance or Regulation should not be made , the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be ofno effect, as the case may be ; so , however , that any such modification or annulment shall be with- out prejudice to the validity of anything previously done under that Statute , Ordinance or Regulation. ".

In section 23 , after sub-section (2 ), the following sub- section shall be added at the end, namely:-

36. The Evacuee Interest (Separation) Act, 1951 (64 of1951)

"(3) Every rule made by the Central Government under this Act shall be laid , as soon as may be after it ismade, 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 anymodification 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 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." .

37. The Plantations Labour Act, 1951 (69 of 1951 )

In section 43, after sub - section ( 3) , the following sub -section shall be added at the end, namely:-

"(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it ismade, before the State Legislature.".

In section 11 , for sub- section (2) , the following sub- sections shall be substituted , namely:---

38. The Salaries and Allowances of Officers of ParliamentAct, 1953 (20 of1953)

"(2) Every rule made by the Central Govern- ment under this Act shall be published in the Official Gazette .

(3) Every rule made by the Central Government under this Act shall be laid , as soon as may be after it is made , before each House ofParliament , 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, bothHouses 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 no effect, as 12

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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 . " .

39. The Displaced Persons (Claims) Supplementary Act, 1954 ( 12 of 1954)

Section 12 shall be re-numbered as sub -section (1) thereof, and after sub - section ( 1 ) as so re -numbered, the following sub - section shall be added at the end, namely:-

"( 2) Every rule made by the Central Government 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 maybe 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 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 . " .

Insection 13 , after sub-section (2) , the following sub- section shall be added at the end , namely:--

40. The Transfer of Evacuee Deposits Act, 1954 (15 of1954)

" (3 ) Every rule made by the Central Government under this Act shall be laid , as soon asmay be after it is made , before each House of Parliament, while it is in session, for a total period of thirty days which maybe 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 Houses agree that the rule should not be made , the rule shall thereafter have effect only in such modified form orbe 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 ." .

41. The Delivery of Books and Newspapers (Public Libraries) Act, 1954 (27 of1954)

Section 8 shall be re -numbered as sub - section ( 1) thereof, and after sub -section ( 1) as so re -numbered, the following sub - section shall be added at the end , namely:-

" (2) Every rule made by the Central Government under this Act shall he laid , as soon THE GAZETTE OF INDIA EXTRAORDINARY

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asmay 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 Houses agree that the rule should not be made , the rule shall thereafter have effect only in such modified form orbe of no effect , as the case may be ; so, however, that any such modification or annulment shallbe without prejudice to the validity of anything previously done under that rule ." .

42. The Prize Competitions Act, 1955 (42 of 1955)

In section 20, after sub -section (2) , the following sub- section shall be added at the end , namely:--

"(3) Every rule made by the State Government under this Act shall be laid , as soon as may be after it ismade, before the State Legislature .".

In section 41 , for sub -section (3) , the following sub- section shall be substituted , namely:-

43. The State Bank of Hyderabad Act, 1956 (79 of 1956)

"(3) Every rule made by the Central Government under this Act shall be laid , as soon as may be after, itismade, before each House of Parliament, while it is in session, for a total period of thirty days which maybe 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 suc- cessive sessions aforesaid , 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 no effect, as the case may be; so, however , that any such modification or annulment shallbe with- out prejudice to the validity of anything previously done under that rule ." .

Insection 36, for sub-section (3) , the following sub- section shall be substituted, namely:-

44. The Faridabad Development Corporation Act, 1956 (90 of 1956)

"(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it ismade, before each House ofParliament, while it is in session, for a total period of thirty days which maybe 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 14

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successive sessions aforesaid, 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 ofno effect, as the case may be; so , however, that any such modification or annulment shall be with- out prejudice to the validity of anything previously done under that rule." .

In section 32, for sub -section (2) , the following sub- section shall be substituted, namely:-

45. The Indian Medical Council Act, 1956 (102of1956)

"(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after itismade, before each House of Parliament, while it is in session, for a total period of thirty days which maybe comprised in one session or in two or more successive sessions , and if, before the expiry ofthe sessionimmediately following the session or the suc- cessive sessions aforesaid , 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 ofno effect, as the case may be; so , however, that any such modification or annulment shall be with- out prejudice to the validity of anything previously done under that rule ." ,

In section 27 , for sub -section (3 ), the following sub- section shall be substituted, namely:--

) 46. The Coal Bearing Areas (Acquisition and Development) Act , 1957 (20 of 1957)

"(3) Every rule made by the Central Govern- ment under this Act shall be laid , as soon as may be after it is made , before each House of Parlia- ment, while it is in session , for a total period of thirty days which may be comprised in one ses- sion 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 modi- fication 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 no effect, as the case may be; so, however, that any such modification or annulment shall be with- out prejudice to the validity of anything previ- ously done under that rule ." .

In section 38 , for sub-section (4) , the following sub - section shall be substituted, namely:-

47. The Ancient Monuments andArchaeological Sites and Remains Act , 1958 (24 of1958) 15

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"(4) Every rule made by the Central Govern- ment under this Act shall be laid , as soon as may be after it is made , before each House of Parlia- ment, while it is in session , for a total period of thirty days which may be comprised in one ses- sion 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 modi- fication 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 no effect, as the case may be ; so , however, that any such modification or annulment shall be with- out prejudice to the validity of anything previ- ouslydone under that rule. " .

In section 24 , for the marginal heading , the following marginal heading shall be substituted, namely:-

48. The Personal Injuries (Compensation Insurance) Act, 1963 (37 of 1963 )

"Every scheme and rule to be laid before Parliament .".

49. The Jawaharlal Nehru UniversityAct, 1966 (53 of1966)

Section 18 shall be re-numbered as sub -section ( 1) thereof, and after sub - section ( 1 ) as so re- numbered, the following sub- sections shall be inserted , namely:-

"(2) Every Statute, Ordinance or Regula- tionmade under this Act shall be published in the Official Gazette .

(3) Every Statute, Ordinance or Regulation madeunder this Act shall be laid, as soon as may be after it is made , before each House of Parlia- ment, while it is in session, for a total period of thirty days which may be comprised in one ses- sion 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 modi- fication in the Statute , Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute , Ordinance or Regulation 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 Statute , Ordinance or Regulation.".

Insection 37, after sub -section (2), the following sub - section shall be inserted , namely:-

50. The Insecticides Act, 1968 (46 of1968) 6

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"(3) Every rule made by the State Government under this Act shall be laid , as soon as may be after it is made , before the State Legislature." .

In section 35 , after sub -section ( 3 ) , the following sub-section shall be added at the end , namely:--

$ 1 . The Contact Labour (Regulation arid Abolition) Act, 1970 ( 37 of 1970)

"(4) Every rule made by the State Government under this Act shall be laid , as soon as may be after it ismade, before the State Legislature." .

52.

In section 7, after sub-section (2) , the following sub- section shall be inserted , namely:---

The Medical Termination of Pregnancy Act, 1971 (34 of1971)

" ( 24) Every regulation made by the State Government under this Act shall be laid, as soon as maybe after it is made , before the State Legislature ." .

53. The North-Eastern Hill University Act, 1973 (24 of1973) :

Section 27 shall be re -numbered as sub -section ( 1 ) thereof, and after sub- section ( 1 ) as so re-numbered , the following sub - sections shall be inserted, namely:--

"(2) Every Statute , Ordinance or Regulation made under this Act shall be published in the Official Gazette.

(3) Every Statute, Ordinance or Regulation made under this Act shall be laid, as soon as may be after it ismade, 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 ofthe session immediately following the session or the suc- cessive sessions aforesaid, both Houses agree in making any modification in the Statute , Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation shall thereafter have effect only in such modified form or be ofno effect, as the case may be; so, however , that any such modi- fication or annulment shall be without prejudice to the validity of anything previously done under that Statute , Ordinance or Regulation." .

54.

Section 27 shall be re- numbered as sub - section ( 1) thereof, and after sub - section ( 1) as so re -numbered , the following sub - sections shall be inserted , namely:--

TheUniversity of Hyderabad Act, 1974 (39 of1974) 3

"(2) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.

(3) Every Statute, Ordinance or 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 SEC. 2]

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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 suc- cessive sessions aforesaid , both Houses agree in making any modification in the Statute , Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made , the Statute, Ordinance or Regulation 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 preju- dice to the validity of anything previously done un- derthat Statute, Ordinance or Regulation. ".

18

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STATEMENT OF OBJECTS AND REASONS

TheBill seeks to amend the various Acts mentioned in the Schedule thereto mainly for the purpose of giving effect to the recommendations of the Committees on Subordinate Legislation regarding publication and laying of rules and other delegated legislation .

2. The Bill seeks to achieve the above objects .

NEWDELHI;

H.R. BHARDWAJ .

ز The 30th November, 2004.

YOGENDRA NARAIN .

Secretary-General.

د

!

PUBLISHED BY THE SECRETARY- GENERAL, RAJYA SABHA , UNDER RULE 68 OF THE RULES OF PROCEDURE AND CONBUCT OF BUSINESS IN THE RAJYA SBAHA .

MGIPMRND- 3322GI ( S5 )-01-06-2005.

Cite this issue. Extraordinary Gazette of India, Government of India, 07 December 2004. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.central.e.2004-12-07.31167/. Archive identifier in.gazette.central.e.2004-12-07.31167.