REGISTERED NO . D. 221 रजिस्ट्री सं ० डी० 221
भारत का राजपत्र
The Gazette of India
असाधारण
RETAR
EXTRAORDINAR
LANTRAL
भाग II-खण्ड 2
is
PART II Section 2
20973
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 54] नई दिल्ली, बृहस्पतिवार , नव बर 16, 1972 /कार्तिक 25, 1894 No. 54] NEW DELHI, THURSDAY , NOVEMBER 16 , 1972 /KARTIKA 25 , 1894
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.
RAJYA SABНА
The following Bill was introduced in the Rajya Sabha on the 16th November , 1972 : --
BILL NO. XXXIV OF 1972
A Bill to grant indemnity in respect of the failure to lay before Parlia- ment certain regulations made under the All - India Services Act , 1951 , and for certain other matters connected therewith .
BE it enacted by Parliament in the Twenty- third Year of the Republic of India as follows :-
title.
1. This Act may be called the All - India Services Regulations ( Indem- Short nity ) Act, 1972 .
demnity.
2. The Central Government and all officers responsible for the laying In- of any regulation made before the commencement of this Act under or 1951. in pursuance of any rule made under the All - India Services Act, 1951 , 61 of
are, and each of them is , hereby frecd , discharged and indemnified from and against all consequences , whatsoever , if any , incurred or to be in- curred by them or the Central Government or any such officer , by reason of any omission in this behalf to lay such regulation before Parliament --d every such regulation shall for all purposes be deemed to have been ly laid before Parliament and shall have effect and shall be deemed ways to have had effect accordingly .
3. In section 3 of the All- India Services Act , 1951 ,-
Amend- ment of section (i ) in sub - section ( 1 ) , after the words " including the State of Jammu and Kashmir " , the words " and by notification in the Official 3 of Gazette" shall be inserted;
Act61 of 1951 .
( 1051 ) THE GAZETTE OF INDIA EXTRAORDINARY
1052
(ii ) for sub-section ( 2) , the following sub- section shall be sub- stituted, namely :-
"(2) Every rule made by the Central Government under this section and every regulation made under or in pursuance of any such rule, shall be laid, as soon as may be after such rule or regulation is made, before 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 or more successive sessions , and if, before the expiry of the session immediately following the session or the successive sessions aforesaid , 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, the rule or regulation shall thereafter have effect only in such modified form or be of no effect , as the case may be ; so , how- ever, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. " Soc. 2 ]
THE GAZETTE OF INDIA EXTRAORDINARY
1053
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 provides only for the laying of rules before Parliament . Consequently , regula- tions made up to the 1st July , 1967 , were not laid before Parliament .
As, however , the regulations form an integral part of the rules , it was felt that it would be appropriate to lay the regulations before Parlia- ment in the same manner as the rules are laid . The Bill seeks to indemnify the Central Government and its officials from all consequences arising out of the omission to lay the regulations before Parliament and provides that those regulations should, for all purposes , be deemed to have been duly made and have effect accordingly. In addition, it seeks to provide for the laying of regulations also before Parliament in future . The Bill also seeks to provide that the period for which the rules and regulations shall be laid before Parliament shall be thirty days and not fourteen days as at present.
NEW DELHI :
The 22nd September, 1972.
RAM NIWAS MIRDHA.
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 , 1972