REGISTERED No. D. 22 रजिस्ट्री सं ० डी० 221
भारत को राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग खण्ड-2
PART II- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
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सं० 16]
नई दिल्ली, रुवार , मार्च 21 , 1968/ क्षेत्र 1, 1890
No. 16 ] NEW DELHI , THURSDAY , MARCH 21 , 1968 / CHAITRA 1 , 1890
इस भाग में भिन्न पृष्ठ संख्या घी जातो है जिससे कि यह अलग संफलम के रूप में रखा जा सक Separate paging is given to this Part in order that it may be filed as a separate compilation .
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 21st March , 1968 : -
Bill No. XIV of 1968
A Bill to provide for laying before Parliament of the regulations made under the All- India Services Act , 1951 , and for certain other matters connected therewith .
BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows : -
title .
1. This Act may be called the All - India Services ( Laying of Short Regulations before Parliament ) Act , 1968 .
2.In this Act , " regulation " means a regulation made before the Definition . commencement of this Act by the Central Government under any of the provisions of the rules framed under the All - India Services 61 of 1951. Act , 1951 .
267 268
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II
& Evesy regulation snail pe lara , as soon as may be , after the commencement of this Act , berore each House of Parliament while it is in session for a total period of thirty days which may be com- prised in one session or in two successive sessions :
Laying of regula- tions before Parlia- ment .
Provided that nothing contained in this section shall apply to any such regulacion which has already ocen laid before each House of Parliament .
4. No regulation shall be deemed to be illegal or void or ever to have become illegal or void by reason only of the failure of the Cen- tral Government to lay such regulation pefore each House of Par- liament ; and accordingly , no such regulation or any thing done or any action taken thereunder shall be called in question before any court or other authority merely by reason of such failure .
Failure to lay regu- lations before Parlia- ment not to affect validity thereof,
5. In section 3 of the All India Services Act , 1951 , for sub- section (2) , the iollowing sub - section shall be substituted , namely:-
Amend- ment of section 3 of Act 81 of 1951 .
" ( , Every rule made by the Central Government under this section and every regulation [ other than a regulation made before the commencement of the All -India Services ( Laying of Regulations before Parliament ) Act , 1968 ] made under , or in pursuance of , any such rule , shall be laid , as soon as may be atter such rule or regulation is inade , before each House of Par- liament while it is in session for a total period of thirty days which may be comprised in one session or in two successive ses- sions , and if , before the expiry of the session in which such rule or regulation is so laid or the session immediately following , both Houses agree in making any modification in such rule or regulation or both Houses agree that such rule or regulation should not be made , such rule 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 annul- ment shall be without prejudice to the validity of anything pre- viously done under that rule or regulation . " .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
269
STATEMENT OF OBJECTS AND REASONS
Some of the rules made under the All - India Services Act , 1951 , empower the Central Government to make regulations in respect of certain matters . Sub - section ( 2 ) of section 3 of the said Act pro- vides only for the laying of rules before Parliament. Consequently , regulations made up to 1st July , 1967 , were not laid before Parlia- ment .
As, however , the regulations form an integral part of the rules , it was felt that it would be appropriate to lay the regulations before Parliament in the same manner as the rules are laid . The Bill pro- vides for the laying of regulations also before Parliament and , in addition , it seeks to validate the regulations ( made prior to 1st July , 1967 ) which have not been laid before Parliament. Incidentally , the Bill also provides for the laying of the rules and regulations before Parliament for a period of thirty days instead of fourteen days as at present .
VIDYA CHARAN SHUKLA NEW DELHI ;
The 10th March , 1968 .
B. N. BANERJEE,
Secretary.
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1908