रजिस्ट्री सं ० डी० 221
REGISTERED No. D. 221
भारत को राजपत्र The Gazette ofIndia
बसाधारण
EXTRAORDINARY
भाग II-खंड 2
PART II-Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 47]
नई दिल्ली, सोमवार, प्रगस्त 25 , 1969/भात्र 3, 189 1
No.47]
NEW DELHI , MONDAY, AUGUST 25, 1969 /BHADRA 3 , 1891
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलम 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 SAВНА
The following Bill was introduced in the Rajya Sabha on the 25th August1969 : -
BILL NO . XXI OF 1969
A Bill to confer on the President the power of the Legislature of the State of Bihar to make laws .
BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows: -
Short title .
1. This Act may be called the Bihar State Legislature (Delegation of Powers ) Act, 1969 .
Definition .
2. In this Act , " Proclamation " means the Proclamation issued on the 4th day of July, 1969, under article 356 of the Constitution , by the Vice- President of India acting as the President and published with the notifi cation of the Government of India in the Ministry of Home Affairs No. G.S.R. 1600 of the said date .
3. ( 1) The power of the Legislature of the State of Bihar to make laws , which has been declared by the Proclamation to be exercisable by or under the authority of Parliament , is hereby conferred on the President .
(2) In the exercise of the said power, the President may , from time to time, whether Parliament is or is not in session, enact as a President's Act a Bill containing such provisions as he considers necessary:
Confer- ment on the Presi- dent of the powerof the State Legisla- ture to make laws.
(853) [PART II
THE GAZETTE OF INDIA EXTRAORDINARY
854
Provided that before enacting any such Act , the President shall , when- ever he considers it practicable to do so, consult a committee constituted for the purpose consisting of forty members of the House of the People nominated by the Speaker and twenty members of the Council of States nominated by the Chairman.
(3 ) Every Act enacted by the President under sub- section ( 2) shall, as soon as may be after enactment, be laid before each House of Parlia- ment.
(4) Either House of Parliament may , by resolution passed within thirty days from the date on which the Act has been laid before it under sub-section (3 ) , which period may be comprised in one session or in two successive sessions , direct any modifications to be made in the Act and if the modifications are agreed to by the other House of Parliament during the session in which the Act has been so laid before it or the session suc- ceeding, such modifications shall be given effect to by the President by enacting an amending Act under sub- section ( 2) :
Provided that nothing in this sub-section shall affect the validity of the Act or of any action taken thereunder before it is so amended.
SEC. 2 ]
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STATEMENT OF OBJECTS AND REASONS
Under the Proclamation of the Vice -President acting as President dated the 4th July , 1969 , the powers of the Legislature of the State of Bihar are now exercisable by or under the authority of Parliament . Such legislative measures as may be necessary for the State can be taken up by Parliament only by postponing its business ; and even then, it is likely that Parliament may not have time to deal with all legislative measures for the State. It is , therefore , proposed that Parliament should , in accord- ance with the provisions of sub-clause (a) of clause ( 1) of article 357 of the Constitution, confer by law on the President the powers of the Legis- lature of the State of Bihar to make laws for the State . The present Bill is intended to give effect to this proposal.
VIDYA CHARAN SHUKLA .
NEW DELHI;
The 16th August , 1969 .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II 856
FINANCIAL MEMORANDUM
The proviso to sub - clause (2) of clause 3 of the Bill provides for the constitution of a committee for consultation regarding President's Acts, consisting of 40 members of the House of the People and 20 members of the Council of States , and expenses to be incurred in connection with the meetings of this committee would be met from the Consolidated Fund of India. This committee will meet as and when necessary . The expendi- ture is not expected to be large and is not likely to exceed Rs . 71,000 during the period in which the Proclamation will be in force .
SEC . 2 ] THE GAZETTE OF INDIA EXTRAORDINARY
857
MEMORANDUM REGARDING DELEGATED LEGISLATION
The powerower of the Legislature of the State of Bihar to make laws which has been declared by the Proclamation issued under article 356 of the Constitution in respect of that State on the 4th day of July , 1969 , to be exercisable by or under the authority of Parliament , is sought to be con- ferred on the President under article 357 ( 1 ) (a) of the Constitution . Be- fore exercising the aforesaid power the President is required , whenever he considers it practicable to do so, to consult a Committee of Members of Parliament constituted for the purpose in accordance with the provisions of the proviso to sub - clause (2 ) of clause 3. Any Act enacted by the President in exercise of the aforesaid power is required to be laid before each House of Parliament and Parliament may direct modifications to be made in the Act [ vide sub- clauses ( 3) and (4) of clause 3 ] . The delega- tion of legislative power is in pursuance of the express provision in this behalf in article 357 ( 1) (a) of the Constitution and is necessary as it will not be easy for Parliament to find time to deal with the various legis- lative measures that may be required in respect of the State of Bihar .
B. N. BANERJEE , Secretary .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS . MINTO ROAD NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1969