REGISTERED No. D-(D) 71
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 22 ] NEW DELHI, TUESDAY, FEBRUARY 3, 1976/M AGHA 14,1897
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 3rd
February, 1976: —
BILL NO, XVII OF 1976
A Bill further to amend the Indian Standards Institution (Certification
Marks) Act, 1952.
BE it enacted by Parliament in the Twenty-seventh Year of the Republic
of India as follows: —
1. This Act may be called the Indian Standards Institution (Certifi- Short title.
cation Marks) Amendment Act, 1976.
2. In section 20 of the Indian Standards Institution (Certification
Marks) Act, 1952 (hereinafter referred to as the principal Act),—
36 of 1952.
Amend- ment of section 20.
(i) in sub-section (2), clause (e) shall be omitted; (ii) sub-section (4) shall be omitted.
3. In section 21 of the principal Act, in sub-section (2), after the word and figures "section 20", the words "and may also provide for the levy of fees for the grant or renewal of any licence" shall be inserted.
Amend- mentof section 21.
4. In the principal Act, after section 21, the following section shall be
inserted, namely: —
Insertion of new lection 22.
( 5 6 5)
<66 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—Rules and regula- tions to be laid beforo Parlia. merit.
"22. Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately follow- ing the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, ns the case may be, or both Houses agree that the rule or regulation, as the case may be, 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, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.".
SEC. 2) THE GAZETTE OF INDIA EXTRAORDINARY 567STATEMENT OF OBJECTS AND REASONS
The Committee on Subordinate Legislation, while scrutinising the Indian Standards Institution (Certification Marks) Amendment Regula- tions, 1968, noticed that though the regulations provide for the levy of fees for the grant or renewal of any licence which have the effect of imposing a financial burden, they are not required to be laid before both Houses of Parliament, and hence they recommended that the regu- lations should be so laid. The Bill seeks to achieve this object.
2. The Committee on Subordinate Legislation have further recom- mended that whenever any Act is amended, the rule laying formula in the Act should be so amended as to bring it into conformity with the revised formula regarding the laying of rules before both Houses of Parliament. The Bill seeks to give effect to this recommendation also.
3. Opportunity has been taken toi expressly empower the Indian Standards Institution to make regulations for the levy of fees for the grant or renewal of any licence under the Indian Standards Institution (Certification Marks) Act, 1952.
NEW DELHI;
The 2Bth January, 1978.
T. A. PAI.
568 THE GAZfrltfe OF 1N01A EXtkAOftJDINAfcY [PART H—SEC! 2]MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 3 of the Bill empowers expressly the Indian Standards Institu- tion to make regulations for the levy of fees for the grant or renewal of any licence under the Indian Standards Institution (Certification Marks) Act, 1952.
The matter in respect of which regulations may be made is of administrative detail and procedure, and, as such, the delegation of legislative power is of a normal character.
B. N. BANERJEE.