रजिस्ट्री सं ० डी० 221
REGISTERED No. D. 221
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 2
PART II-Section 2
प्राविकार स प्रकाशित
PUBLISHED BY AUTHORITY
सं० 12]
नई दिल्ली, मंगलवार , मार्च 20 , 1973/ फाल्गुन 29 , 1894
No. 12]
NEW DELHI, TUESDAY , MARCH 20 , 1973 /PHALGUNA 29 , 1894
इस भाग में भिन्य 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 SABHA
The following Bill was introduced in the Rajya Sabha on the 20th March , 1973 : -
BILL NO . IX OF 1973
A Bill to confer on the President the power of the Legislature of the State of Andhra Pradesh to make laws .
BE it enacted by Parliament in the Twenty - fourth Year of the Republic of India as follows: -
Short title .
1. This Act may be called the Andhra Pradesh State Legislature (Delegation of Powers) Act, 1973 .
Definition .
2. In this Act , "Proclamation" means the Proclamation issued on the 18th day of January , 1973 , 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. 13 (E ) of the said date .
3. (1 ) The power of the Legislature of the State of Andhra Pradesh 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 of the power of the State Legisla- (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:
ture to make laws.
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
(149 ) THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 150
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 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.
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
131
STATEMENT OF OBJECTS AND REASONS
Under the Proclamation issued by the President on the 18th January , 1973 , the powers of the Legislature of the State of Andhra Pradesh are now exercisable by or under the authority of Parliament . Such legisla- tive measures as may be necessary for that State can be taken up by Parliament only by postponing its business ; and even then, it is likely thatParliament may not have time to deal with all the 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 powersvers of the Legislature of the State of Andhra Pradesh to make laws for the State. The present Bill is intended to give effect to this proposal .
K. C. PANT.
NEW DELHI ;
The 14th March , 1973.
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 152
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 . Expenses to be incurred in connection with the meetings of Consultative 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 . 1,26,000 during the period in which the Proclamation will be in force . The Bill , if enacted , will not involve any non- recurring expenditure .
THE GAZETTE OF INDIA EXTRAORDINARY
SEC , 2 ]
153
MEMORANDUM REGARDING DELEGATED LEGISLATION
The power of the Legislature of the State of Andhra Pradesh to make laws which has been declared by the Proclamation issued under article 356 of the Constitution in respect of that State on the 18th day of January , 1973 to be exercisable by or under the authority of Parlia- ment, is sought to be conferred on the President under article 357 ( 1 ) (a) of the Constitution. 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 pur- pose 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 afore- said 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 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 legislative measures that may be required in respect of the State of Andhra Pradesh . Under the excep- tional circumstances arising out of the issue of a Proclamation under article 356 of the Constitution, this delegation of legislative power is limited to the period when the aforesaid Proclamation dated the 18th January , 1973 will continue to be in force. To the extent that it has been usual for Parliament to confer on the President such legislative powers , it can be regarded as of a normal character .
B. N. BANERJEE ,
Secretary .
PRINTED BY THE MANAGER , GOVERNMENT OF IND NDIA PRESS , MINTO ROAD , PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1973 NEW DELHI AND PUBLI