Registered No.D.221
रजिस्ट्री सं ० डी ० 221
भारत का राजपत्र
The Gazette of India
असाधारण
EXTRAORDINARY
भाग II--खंड 2
PART I - Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
No. 16] NEW DELHI , WEDNESDAY , APRIL 1 , 1970 CHAITRA 11 , 1892
सं० 16]
नई दिल्ली, बुधवार , अप्रेल 1 , 1970/ क्षेत्र 11, 1892
इस भाग में भिन्न पृष्ठ संख्या दी 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
BILL NO . VIII OF 1970
A Bill to confer on the President the power of the Legislature of the State of West Bengal to make laws .
BE it enacted by Parliament in the Twenty - first year of the Republic of India as follows:-
Shori title.
1. This Act may be called the West Bengal State Legislature (De- legation of Powers ) Act , 1970.
Defini- tion .
2. In this Act, "Proclamation " means the Proclamation issued on the 19th day of March , 1970 , under article 356 of the Constitution , by the President , and published with the notification of the Government of India in the Ministry of Home Affairs No. G.S.R. 490 of the said date.
3. ( 1) The power of the Legislature of the State of West Bengal to make laws , which has been declared by the Proclamation to be exer- cisable by or under the authority of Parliament , is hereby conferred on the President.
Confer- ment on the Presi- dent ofthe power ofthe State Legis- lature to make laws
391 THE GAZETTE OF INDIA EXTRAORDINARY [ PART II 392
(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 Presi- dent's Act, a Bill containing such provisions as he considers necessary:
Provided that before enacting any such Act, the President shall , whenever 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 Coun- eil of States nominated by the Chairman .
(3) Every Act enacted by the President under sub - section ( 2 ) shall , es 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 Parlia- ment during the session in which the Act has been so laid before it or the session succeeding , 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 .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 21
393
STATEMENT OF OBJECTS AND REASONS
Under the Proclamation of the President dated the 19th March , 1970 , the powers of the Legislature of the State of West Bengal are now exer- cisable by 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 accordance with the provisions of sub- clause ( a ) of clause ( 1 ) of article 357 of the Constitu- tion, confer by law on the President the powers of the Legislature of the State of West Bengal to make laws for the State. The present Bill is intended to give effect to this proposal .
VIDYA CHARAN SHUKLA .
NEW DELHI;
The 22nd March , 1970 .
[PART II
THE GAZETTE OF INDIA EXTRAORDINARY
394
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 expenditure is not expected to be large and is not likely to exceed Rs . 1,02,000 during the period in which the Proclamation will be in force .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 2 ]
395
MEMORANDUM REGARDING DELEGATED LEGISLATION
The power of the Legislature of the State of West Begal to make laws which has been declared by the Proclamation issued under article 356 of the Constitution in respect of that State on the 19th day of March , 1970, to be exercisable by or under the authority of Parliament, is sought to be conferred on the President under article 357 (1) ( a) of the Constitu- tion. Before 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 delegation of legislative power is in pursuance of the ex- press 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 legislative measures that may be required in res- pect of the State of West Bengal .
B. N. BANERJEE ,
Secretary.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI . 1970