REGISTERED No. D 221
रजिस्ट्री सं ० डो० 221
भारत को राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II--खंड 2
PART II- Section 2
प्राधिकार से प्रकाशित
AYPAL SECRETARIATLIBRAR 10 JUL 1969 GOVERNMENT OF INDIA PUBLISHED BY AUTHORITY
सं ० 26]
No. 26]
नई दिनी, मंगलवार, नई 13, 1969/वैशाख 23 , 1891 NEW DELHI , TUESDAY, MAY 13 , 1969 / VAISAKΗΑ 23 , 1891
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 the 13th May, 1969 :
BILL NO . 45 OF 1969
A Bill to provide for the abolition of the Legislative Council of the State of West Bengal and for matters supplemental , incidental and conse- quential thereto .
BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows :-
1. (1 ) This Act may be called the West Bengal Legislative Council (Abolition) Act, 1969.
Short title and com- mence- ment.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint .
2. In this Act , unless the context otherwise requires ,-
Defini- tions.
(a) " appropriate Government " means , as respects a law relating to a matter enumerated in List I in the Seventh Schedule to the Con- stitution , the Central Government , and as respects any other law, the State Government ;
(b) " article" means an article of the Constitution ;
(c) "Council" means the Legislative Council of the State of West Bengal;
45 I THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 452
(d) " law " includes any enactment , ordinance , regulation, order , bye- law, rule , scheme, notification or other instrument having the force of law in the whole or any part of the State of West Bengal ;
(e) "Legislative Assembly " means the Legislative Assembly of the State of West Bengal .
3. (1 ) The Legislative Council of the State of West Bengal is hereby abolished .
Abolition ofthe Council .
(2) On the abolition of the Council , every member thereof shall cease to be such member .
Amend- ment of article 168.
4. In sub - clause ( a) of clause ( 1 ) of article 168 , for the words "Uttar Pradesh and West Bengal" , the words " and Uttar Pradesh" shall be sub- stituted .
5. In the Representation of the People Act , 1950 ,-
Amend- ment of Act 43 of1950.
(a) in the Third Schedule , entry No. 9 relating to West Bengal shall be omitted;
(b) in the Fourth Schedule , the heading " West Bengal" and the entries thereunder shall be omitted.
6. The Delimitation of Council Constituencies (West Bengal ) Order ,. 1951 , is hereby repealed.
Repeal of Delimita- tion of Council Consti- tuencies (West Bengal) Order, 1951.
7. ( 1 ) A Bill pending in the Council immediately before the commence- ment of this Act which has not been passed by the Legislative Assembly shall lapse on the abolition of the Council .
Provision as to pending Bills .
(2) A Bill pending in the Council immediately before the commence- ment of this Act which has been passed by the Legislative Assembly shall not lapse on the abolition of the Council , but on such abolition shall be deemed to have been passed before such commencement by both Houses of the Legislature of the State of West Bengal in the form in which it was passed by the Legislative Assembly.
(3) If a Bill which having been passed by the Legislative Assembly is , before the commencement of this Act , either rejected by the Council or passed by the Council with amendments , the Legislative Assembly may, after such commencement, pass the Bill again with or without such amendments , if any , as have been made by the Council and the Bill so passed shall be deemed to be a Bill introduced in and passed by the Legislative. Assembly after the commencement of this Act.
Power to adapt laws.
8. The appropriate Government may , before the expiration of one year from the commencement of this Act , by order , make such adaptations and modifications of any law made before such commencement , whether SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY 453
by way of repeal or amendment as may be necessary or expedient in con- sequence of the abolition of the Council under section 3 , and thereupon every such law shall have effect subject to the adaptations and modifica- tions so made .
9. Notwithstanding that no provision or insufficient provision has been Power to made under section 8 for the adaptation or modification of a law made construe before the commencement of this Act , any court, tribunal or authority laws . required or empowered to enforce such law may construe the law in such manner , without affecting the substance , as may be necessary or proper on account of the abolition of the Council , in regard to the matter before the court , tribunal or authority .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II
454
STATEMENT OF OBJECTS AND REASONS
Under article 169 of the Constitution , Parliament may , by law , pro- vide for the abolition of the Legislative Council of a State having such a Council, if the Legislative Assembly of a State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two- thirds of the members of the Assembly present and voting . On 21st March , 1969 , the Legislative Assembly of the State of West Bengal has passed a resolution, in terms of article 169 cf the Constitution , for the abolition of the Legislative Council of that State. In pursuance of this resolution, it is proposed to abolish the Le- gislative Council of the State of West Bengal. The Bill seeks to give effect to this object and also provides for matters supplemental , inciden- tal and consequential to such abolition .
NEW DELHI;
The 9th May , 1969 .
P. GOVINDA MENON .
SEC . 2 ]
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455
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 8 of the Bill empowers the appropriate Government to make such adaptations and modifications of any law made before the com- mencement of the Act as may be necessary or expedient in consequence of the abolition of the Legislative Council of the State of West Bengal under clause 3. This power will be available only for a period of one year from the commencement of the Act . The adaptations and modi- fications cannot affect the substance of the laws adapted.
The delegation of legislative power is of a normal character .
S. L. SHAKDHER , Secretary.
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1969