REGISTERED No. D. 221
रजिस्ट्री सं ० डी ० 221
भारत का राजपत्र The Gazette of India
अाधारण
EXTRAORDINARY
भाग II--खण्ड 2
PART II Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
नई दिल्ली, बृहस्पतिवार, मार्च 22, 1973/चैत्र 1, 1895
सं ० 15]
NEW DELHI, THURSDAY, MARCH 22, 1973 / CHAITRA 1 , 1895
No. 15]
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 SABHA
The following Bill was introduced in the Rajya Sabha on the 22nd March , 1973 : -
BILL NO . X OF 1973
A Bill to confer on the President the power of the Legislature of the State of Orissa to make laws .
BE it enacted by Parliament in the Twenty -fourth Year of the Republic of India as follows : -
title.
1. This Act may be called the Orissa State Legislature ( Delegation Short of Powers) Act, 1973 .
Definition.
2. In this Act , " Proclamation " means the Proclamation issued on the 3rd day of March , 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. 155 ( E) of the said date.
3. (1 ) The power of the Legislature of the State of Orissa to make Confer- laws, which has been declared by the Proclamation to be exercisable by ment on or under the authority of Parliament, is hereby conferred on the Presi- dent.
(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:
the Presi- dent of the power of the State Legisla- ture to make Provided that before enacting any such Act, whenever he considers it practicable to do so , constituted for the purpose , consisting of thirty of the People nominated by the Speaker and Council of States nominated by the Chairman . the President shall , laws . consult a Committee members of the House fifteen members of the
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(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 Parliament.
(4) Either House of Parliament may , by resolution , passed within thirty days from the date on which the Act has been laid before it un- der 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 .
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STATEMENT OF OBJECTS AND REASONS
Under the Proclamation issued by the President on the 3rd March , 1973 , the powers of the Legislature of the State of Orissa are now exer- cisable by or under the authority of Parliament . Such legislative measures as may be necessary for that State can be taken up by Parlia- ment only by postponing its business ; and even then, it is likely that Parliament, may not have time to deal with all the 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 arti- cle 357 of the Constitution, confer by law on the President the powers of the Legislature of the State of Orissa to make laws for the State. The present Bill is intended to give effect to this proposal .
K. C. PANT .
NEW DELHI; The 15th March , 1973 .
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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 30 members of the House of the People and 15 members of the Council of States . Expenses to be incurred in connection with the meetings of the Consultative Committee would be met from the Con- solidated Fund of India. This Committee will meet as and when necessary. The expenditure is not expected to be large and is not like- ly to exceed Rs . 1,12,000/- during the period in which the Proclamation will be in force . The Bill , if enacted , will not involve any non - recur- ring expenditure, SEC. 2 ]
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The power of the Legislature of the State of Orissa to make laws which has been declared by the Proclamation issued under article 356 of the Constitution in respect of that State on the 3rd day of March, 1973, 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 Consti- tution. 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 re- quired to be laid before each House of Parliament and Parliament may direct modifications to be made in the Act [ vide sub - clause ( 3) and ( 4 ) of clause 3.1 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 Orissa . Under the exceptional 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 afore- said Proclamation dated the 3rd March , 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 INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1973