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Extraordinary Gazette of India · Government of India

The Jharkhand Contingency Fund(Amendment) Act, 2009.

Published 07 December 2009

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in.gazette.central.e.2009-12-07.7644
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REGISTERED NO . DL-( N)04/0007/2003-09

रजिस्ट्री से डी एल ( एन) 04/0007/2003-09

भारत का राजपत्र The Gazette ofIndia

असाधारण

EXTRAORDINARY

भाग II - खण्ड 2

PART II - Section 2

प्राधिकार से प्रकाशित -

PUBLISHED BY AUTHORITY

नई दिल्ली, सोमवार, दिसम्बर 7, 2009/ अग्रहायण 16, 1931

32] No. 32 ] NEW DELHI , MONDAY, DECEMBER 7, 2009 / AGRAHAYANA 16, 1931

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.

LOK SABНА

The following Bill was introduced in Lok Sabha on 7th December, 2009:-

BILL NO . 114 OF 2009

ABill to amend the Jharkhand Contingency Fund Act, 2001 .

BE it enacted by Parliament in the Sixtieth Year ofthe Republic of India as follows :-

1. ( 1) This Act may be called the Jharkhand Contingency Fund (Amendment) Act,2009.

Short title and commence- ment .

(2) It shall be deemed to have come into force on the 20th day ofOctober, 2009 .

2. In section 4 ofthe Jharkhand Contingency Fund Act, 2001 , (hereinafter referred to as the principal Act) , the following proviso shall be inserted, namely:-

Amendment of section 4 ofJharkhand Act 9 of 2001.

Provided that during the period beginning on the date ofcommencement ofthe Jharkhand Contingency Fund (Amendment) Act, 2009 and ending on the 31st day of March , 2010, this section shall have effect subject to the modification that for the words " one hundred and fifty crore rupees " , the words " five hundred crore rupees" shall be substituted.' .

Repeal and saving.

Ord . 7 of 2009 .

3. ( 1 ) The Jharkhand Contingency Fund (Amendment) Ordinance , 2009 is hereby repealed.

(2)Notwithstanding such repeal , anything done or any action taken under the principal Act, as amended by the said Ordinance , shall be deemed to have been done or taken under the principal Act, as amended by thisAct.

[PART II-

2

THE GAZETTE OF INDIA EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

Consequent on the Proclamation issued under article 356 of the Constitution of India , President's Rule was enforced in the State of Jharkhand with effect from the 19th January. 2009. The President's Rule was extended by six months with effect from the 19th July, 2009 to 18th January, 2010. Accordingly, the powers of the Legislature of the State of Jharkhand are exercisable by or under the authority of Parliament .

2.As per Chapter II, section 4 of the Jharkhand Contingency Fund Act, 2001 ( Jharkhand Act 9 of 2001 ) , a sum of rupees one hundred and fifty crore shall be made available in the Contingency Fund of the State . As the State was facing a severe drought, the State Government required additional funds for providing relief in the drought affected areas . These additional requirements could not be met from the existing budgetary provisions for 2009-10 . The total requirements exceeded the corpus of rupees one hundred and fifty crore available in the Contingency Fund of the State .

3. Since the Parliament was not in session and circumstances existed which rendered it necessary for temporary enhancement of the ceiling of the Jharkhand Contingency Fund from rupees one hundred and fifty crore to rupees five hundred crore for the financial year 2009-10 to carry out drought relief work in the State , the Cabinet had recommended to the President to promulgate an Ordinance in this regard on the 15th October, 2009. Hence , the President promulgated the Jharkhand Contingency Fund (Amendment ) Ordinance , 2009 (Ord. 7 of 2009) on the 20th October, 2009 .

4. The Bill seeks to replace the Jharkhand Contingency Fund (Amendment) Ordinance, 2009 .

NAMO NARAIN MEENA .

NEW DELHI;

The 19th November, 2009 .

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 207 OF

THE CONSTITUTION OF INDIA

[Copy of letter No. 2(22 ) -B (S )/2009 dated 30.11.2009 from Shri Namo Narain Meena, Minister of State for Finance to the Secretary- General , Lok Sabha ]

The President , having been informed of the subject matter of the proposed Bill to amend the Jharkhand Contingency Fund Act , 2001 , recommends the introduction of the Bill in Lok Sabha under clauses ( 1 ) and (3 ) of article 207 read with clause (2) of article 206 thereof and the Proclamation dated 19th January, 2009 issued under article 356 of the Constitution , the introduction of the Jharkhand Contingency Fund (Amendment) Bill , 2009 and also the consideration ofthe Bill .

3

THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2]

FINANCIAL MEMORANDUM

Clause 2 ofthe Bill provides for raising the corpus of the Jharkhand Contingency Fund from Rs . 150 crore to Rs . 500 crore by transfer of an amount of Rs . 350 crore from the State Consolidated Fund to the Jharkhand Contingency Fund during the financial year ending on 31st March, 2010. The Bill, thus , involves a withdrawal of Rs . 350 crore from the State Consolidated Fund temporarily. The actual expenditure has been ingurred from and out of an advance of Rs . 500 crore from the Jharkhand Contingency Fund sanctioned to various departments of the State of Jharkhand for incurring the expenditure on committed items pending authorisation by law under article 115 of the Constitution .

2.No recurring expenditure is involved.

P. D. T. ACHARY, Secretary-General.

PRINTED BY THE GENERAL MANAGER, GOVT . OF INDIA PRESS, MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS DELHI -2009.

GMGIPMRND-5471GI (S5 )-17-12-2009.

Cite this issue. Extraordinary Gazette of India, Government of India, 07 December 2009. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.central.e.2009-12-07.7644/. Archive identifier in.gazette.central.e.2009-12-07.7644.