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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 6a] NEW DELHI, FRIDAY, NOVEMBER 3, 1982/KARTIKA 14, 1904

Separate paging is given to this Part in order that it may be filed as a separate compilation

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 5th

November, 1982:—

I

BILL NO. XL OF 1982

A Bill to amend certain Acts to implement the recommendations of the

Committees on Subordinate Legislation regarding publication and

laying of rules and other delegated legislation.

BE it enacted by Parliament in the Thirty-third Year of the Republic

of India as follows:—

1. (1) This Act may be called the Delegated Legislation Provisions

(Amendment) Act, 1982.

Short title and commence- ment.

(2) It shall come into force on such date as the Central Government may by notification in the Official Gazette, appoint, and different dates may be appointed for amendments relating to different enactments men- tioned in the Schedule to this Act.

2 The enactments specified in the Schedule are hereby amended to

the extent and in the manner mentioned in the third column thereof.

Amend- ment of certain enact- ments.

(1)

THE SCHEDULE

(See section 2)

AMENDMENTS

s 1. fo. Short title

Amendments

N

l. . The Opium Act, 1857 After section 31, the following section shall (13 of 1857).

be inserted, namely:—

Publication and laying ol rules

"32. (1) Every rule required to be pres- cribed or sanctioned by the Central Govern- ment shall be prescribed or sanctioned by that Government by notification in the Official Gazette.

(2) Every rule prescribed or sanctioned by the Central Government under this Act shall be laid, as soon as may be after it is prescribed or sanctioned, 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 fallowing the session or the successive sessions aforesaid, both Houses agree in making any modifica- tion in the rule or both Houses agree that the rule should not have effect, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modifica- tion or annulment shall be without prejudice to the validity of anything previously done under that rule.".

In section 8,—

The Religious Endowments Act, 1863 (20 of 1863).

(i) in paragraph 3, after the words "under such rules", the words ", by noti- fication in the Official Gazette," shall be inserted;

(ii) after paragraph 3, the following

paragraph shall be inserted, namely: —

"Every rule framed under this section shall be laid, as soon as it is framed, before the State Legislature.".

3.

(1) For section 20, the following section shall

be substituted, namely: —

The Press and Registra- tion of Books Act, 1867 1 (25 of 1867).

Power of State Government to make rules.

"20. (1) The State Government may, by notification in the Official Gazette, make such rules (not inconsistent with the rules made by the Central Government under section 20A) as may be necessarv or desirable for carrying out the objects' of this Act.

(2) Every rule made by the State Gov- ernment under this section shall be laid, as soon as may be after it is made, before the State Legislature.".

(2) In section 20A, in sub-section (2), for the words "in two successive sessions, and if before the expiry of the session in which it is so laid or

the session immediately following", the words "in two or more successive sessions, and if, be- fore the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted.

4. The Indian

Section 83 shall be re-numbered as sub-section

(1) thereof and—

ChriBtian Marriage Act, 1872 (15 of 1872).

(et) in sub-section (2) .as so re-numbered, for the words "may make rules", the words "may, by notification in the Official Gazette, make rules" shall be substituted; and

(b) after sub-section (1) as so re-num- bered, the following sub-section shall be inserted, namely: —

" (2) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before the State Legislature.".

. The Government

5

Saving Bank Act, 1873 (5 of 1873).

In section 15, in sub-section (3), for the words "in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid shall be substituted.

Section 4 shall be re-numbered as sub-section

6

(1) thereof and—

. The Imdian Reserve Forcea Act, 188B (4 of 1888).

(i) in sub-section (1) as so re-numbered, after the words "The Central Government- may", the words ", by notification in .the Official Gazette," shall be inserted;

(ii) after sub-section (1) as so re- numbered, the following sub-section shall be inserted, namely:—

"(2) Every rule and every order made under sub-section (1) shall be laid, as soon as may be after it is made, be- fore 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 following the ses- sion or the successive sessions afore- said, both Houses agree in making any modification in the rule or order or both Hcmses agree that the rule or order should not be made, the rule or order shall thereafter have effect only in such modi- fied 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 any- thing previously done under that rule or order, .

7.

In section 7, after sub-section (4), the follow-

ing sub-section shall be inserted, namely; —

The Indian Tolls (Army and An- Force) Act, 1901 (2 of 1801).

"(5) Every rule made by the Central Government under this section 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, be- fore the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.".

8.

In section 6, after sub-section (2), the follow- Code of Civil Procedure 1908 (5 of 1908).

ing sub-section shall be inserted, namely: —

" (3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.".

9. The Indian Ports Act, In section 6, after sub-section (2), the followr 1908 U5 of 1908).

ing sub-sections shall be inserted, namely: —

" (2A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

(2B) Every rule made by the Central Government 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 following the session or the successive sessions afore- said, both Houses agree in making any modi- fication in the rule or both Houses agree that the rule should not be made, the rule 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.".

Section 91 shall be re-numbered as sub- 10. The Registration Act,

section (1) thereof, and—

1908 (16 of 1908).

(i) in sub-section (1) as so re-numbered, for the words "State Government prescribes in this behalf", the words "State Govern- ment, by notification in the Official Gazette,

prescribes in this behalf shall be substitut- ed;

(ii) after sub-section (2) as so re- numbered, the following sub-section shall be msertud, namely: —

" (2) Every rule prescribed under this section or made under section 69 shall be laid, as soon as it is made, before the State Legislature.".

11. The Indian

(1) In section 35,—

Electricity Act, 1910 (9 of 1910).

(a) in sub-section (3), for the words "by general or special order", the words "by- general or special order published in the Official Gazette" shall be substituted;

(b) after sub-section (3), the following

sub-sections shall be inserted, namely: —

" (4) Every order made by the State Government under sub-section (3) shall be laid, as soon as may be after it is made, before the State Legislature.

(5) Every order made by the Central Government under sub-section (3) 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 succes- sive sessions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order 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 any- thing previously done under that order.".

(2) In section 38, for sub-section (3), the following sub-section shall be substituted, namely: —

"(3) Every rule made under section 37 shall be published in the Gazette of India and 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 ses- sion immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agiree that the rule should not be made, the rule shall there- after have effect only in such modified form

Amendments

si. No Short title

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.".

12. The Indian Museum (1) In section 8,—

Act, 1910 (10 of 1910).

(i) in sub-section (1), for the words "made bye-laws", the words "make, by noti- fication in the Official Gazette, bye-laws" shall be substituted;

(it) after sub-section (2), the following

sub-section shall be inserted, namely: —

"(3) The Central Government shall cause every bye-law made under this section to 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 following the session or the successive sessions aforesaid, both Houses agree in making any modification in the bye-law or both Houses agree that the bye-law should not be made, the bye-law shall thereafter have effect only in such modi- fied form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be with- out prejudice to the validity of anything previously done under that bye-law.".

(2) In section 15A, in sub-section (3), for the words "in two successive sessions and if be- fore the expiry of the session in which it Is so laid or the session immediately following", the words "in two or more successive sessions, and if. before the expiry of the session immediately following the session or the successive sessions aforesaid¹', shall be substituted.

13.

In section 30,—

(a) after sub-section (3), the following

sub-section shall be inserted, namely: —

" (3A) Every rule made by the State Government under this section shall be laid, as soon as it is made, before the State Legislature.";

(b) in sub-section (4), for the words "in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substi- tuted.

14

In section 4, after sub-section (3), the follow-

ing sub-section shall be inserted, namely: —

. The Local Authorities Loans Act, 1914 (9 of 1914).

"(4) Every rule made by the Central Government 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 following the session or the successive sessions aforesaid, both Houses agree in making any modifica- tion in the rule or both Houses agree that the rule should not be made, the rule 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.".

15.

Section 12 shall be re-numbered as sub-section

(1) thereof, and—

The Maintenance Ordera Enforcement Act, 1921 (18 tff 1921).

(i) in sub-section (1) as so re-number- ed, far the words "may make rules", the words "may, by notification in the Official Gazette, make rules" shall be substituted;

(W) after sub-section (1) as so re-num- bered, the following sub-section shall be inserted, namely: —

"(2¹) Every rule made by the Cen- tral Government 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 following the ses- sion or the successive sessions afore- said, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.".

16. '

In section 35, after sub-section (2), the follow-

{{^{{FOOTNOTE (1}}}}

ing sub-section shall be inserted, namely: —

"(3) Every rule made by the Central Government 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 ex- piry of the session immediately following the 'session or the successive sessions afore- said, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may bo; so, however, that any such modi- fication or annulment shall be without pre- judice to the validity of anything previously done under that rule.".

17'. The Indian Succession

Act, 1925. (39 of 1925).

0) In section 223, after the words "rules to made", the words "by notification in the Official Gazette," shall be inserted.

(2) In section 236, after the words "rules to be made", the words "by notification in the Official Gazette," shall be inserted.

(3) After section 236 and before "Chapter II—Of Limited Grants", the following section shall be inserted, namely: —

Laying of rules before State Legislature,

"236A. Every rule made by the State Government under section 223 and section 236 shall be laid, as soon as it is made, be- fore the State Legislature.".

The Dangerous DruKs

18.

Act, 1930 (2 of 1930).

In section 36. after sub-section (2), the following sub-sections shall be inserted, name- l y :-

" (3) Every rule mafle by the State Gov- ernment "under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each Hnuso nf Parliament, while it is in session, for a totol period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expirv of the session immediately following the session or the t successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, tho rule 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 any- thing previously done under that rule.".

19

In section 71,—

K The Indian Partner- ship Act, 1932 (9 of 1932).

(i) in sub-section {1), for the words "may make rules", the words "may by noti- fication in the Official Gazette make rules" shall be substituted;

(u) after sub-section (3), the following

sub-section shall be inserted, namely: —

"(4) Every rule made by the State Government under this section shall be laid, as soon as it is made, before the State Legislature.".

20. The Agricultural

Section 3 shall be re-numbered as sub-section (1) thereof and after sub-section (1) as so re- numbered, the following sub-section shall be inserted, namely:—

(Grading and Marking) Act, 1937 (1 of 1937).

" (2) Every rule made by the • Central Government 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 following the session, or the successive sessions afore- said, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no4 effect, as the case may be; so, however, that any such modi- fication or annulment shall be without pre- judice to the validity of anything previously done under that rule.".

21,

In section 4, after sub-section (3), the follow-

ing sub-section shall be inserted, namely: —

The Muslim Personal Law (Shariat) Appli- cation Act, 1937 (26 of 1937).

" (4) Every rule made by the State Government under this Act shall be laid, as soon as it is made, before the State Legis- lature.".

The Insurance Act,

22

1938 (4 of 1938).

(1) In section 34H, in sub-section (10), for the words "may make rules", the words "may, by notification in the Official Gazette, make rules" shall be substituted.

(2) In section 64UB,—

(i) in sub-section (1), after the words "The Central Government may", the words ". by notification in the Official Gazette," shall be inserted;

(ii) in sub-section (3), after the words "The Advisory Committee may,", the words "by notification in the Official Gazette,'' shall be inserted.

(3) In section 114, for sub-section (3), the following sub-section shall be substituted, namely: —

" (3) Every rule made under this section or under sub-section (20)-of section 34H or

under sub-section (1) of section 64UB and every regulation made under sub-jection (3) of suction B4UB and every regulation lrudt.¹ under this Part shall be laid, as b°nn ay may be alter 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 following the session or the successive sessions aforesaid, both Houses agree in making any modifica- tion in Lhe rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation .shall there- after have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annul- ment shall be without prejudice to the vali- dity of anything previously done under that rule or regulation.".

23. The Capital Issues

In section 12, for subjection (2), the follow-

ing sub-section shall be substituted, namely: —

(Control Act, 1947 (29 of 1(1471

" (2) Every rule made under this section 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 immediatelv following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the cav-;e mav be; so, how- ever, that any such modification or annul- ment shall be without prejudice to the validity of anything previously done under that rule.".

(1) Section 4C shall be re-numbcred as sub-

section (1) thereof, and—

24. The Electricity (Supply) Art, 1948 (54 of 1948),

(i) in sub-section (7) as so re-numbered, after the words "The Authority may", the words ". by notification in the Official Gazette," shall be inserted;

(if) after sub-section (!) as so re-num- bered, the following sub-section shall be inserted, namely: —

"(2) The Central Government shall cause every regulation made under this section to be laid, as soon as mav be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which

fing of certain rules

L aj

and regulations before State Legislature.

25 . The Chartered

Accountants Act, 1949 (38 of 1949).

Laying of regulations.

I'O. The Army and Air Force (Disposal of

Private Property) Act, 1950 (40 of 1950).

more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions afore- said, both Houses agree in making any modification in the rule or both Houses agree that the mule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modifica- tion or annulment shall be without prejudice to the validity of anything previously done •under that rule.".

'21. The Army Act, 1950 After section 193, the following section shall (46 of 1&50).

be inserted, namely: —

Rules and regulations

to be laid before Parliament. '•

"193A. Every rule and every regulation made by the Central Government 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 tessions, and if, before the expiry of the session Imme- diately following the session or the succes- sive sessions aforesaid, both Houses agree in making any modification in the rule or regu- lation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have etlect 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 pre- viously done under that rule or regulation.".

After section 58, the following section shall

be inserted, namely: —

28. The Displaced Persona (Debts Adjustment) Act, 1951 (70 of 1951).

Laying of rules.

"5'3A. (1) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

(2) Every rule made by the Central Government 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 following the session or the successive sessions aforesaid, both Houses agree in making any modifica- tion in the rule or both Houses agree that the rule should not be made, the rule 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.".

29. The Notaries Act, 1952

(53 of 1952).

'• In section 15, after sub-section (2), the follow- ing sub-section shall be inserted, namely: —

"(3) Every rule made by the Central Government 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 following the session or the successive sessions afore- said, both Houses agree in making any modi- fication in the rule or both Houses agree that the rule should not be made, the rule 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.".

30

J

. The Special Marriage \ct, 1954 (43 Of 19'34).

In section 50, after sub-section (2), the following sub-sections shall be inserted, name- ly:—

" (3) Every rule made by the Central Government 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 following the session or the successive sessions afore- said, both Houses agree in making any modi- fication in the rule or both Houses agree that the rule should not be made, the rule 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.

(4) Every rule made by the State Gov- ernment under this Act shall be laid, as soon as it is made, before the State Legis- lature.".

31 . The Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1055).

In section 19, in sub-section (4), for the words "in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid", shall be substituted.

32 . The DUrgBh Khawaja In section 20, after sub-section (5), the following sub-section shall be inserted, namely: —

Saheb Act, 1955 (?6 of 195E).

"(6) Every bye-law made under this section and every order made by the Cen-

tral Government under sub-section (5) 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, be- fore the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the bye-law or order, or both Houses agree that the "byc- law or order should not be made, the bye- law or order 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 any tiling previ- ously done under that bye-law or order.".

. The Securities

33

In section 50, for sub-section (2,), the follow- ing sub-section shall be substituted, namely: —

Contracts (Regulation) let, 1936 (42 of 195G).

" (3) Every rule made under this section shall be subject to the condition of previous publication and shall, as soon as may be, after its publication in the Official Gazette, be laid 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 imme- diately following the session, or the succes- sive sessions aforesaid, both Houses agree in making any modification in the rulei or both Houses agree that the rule should not be made, the rule 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.".

The Inter-Stute Cor-

34.

In section 4, for sub-section (5), the following

sub-section shall be substituted, namely:

porations Act, 1957 (38 of 1957).

" (5) Every order made under this sec- tion 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 the¹ session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order vshould not be made, the order 3hall there- after 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 order.".

35

After suction 481, the following section shall

be inserted, namely: —

. The Delhi Municipal Corporation Act, l!i!37 oil 1957). (66 of 1957).

Regulations and byo- lav,rs to be laid before Pin liament.

"481A The Central Government shall cau.se every regulation made under this Act and eve ry bye-law made under section 4o'l to be laid, as soon as mav be after it is made, be- fore 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 immediate- ly following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or bye-law or both Houses agree that the regulation or bye-law should not be made, the regulation or bye-law shall ihereaHer 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 regu- lation or bye-law.".

3G

In section 4, for sub-section (2), the follow-

in" sub-section shall be substituted, namely:-—

The Tnternatjon'sl Finance Corporation (Status, Immunities and Privileges) Act, 11158 (42 of 1958).

" (2) Every rule made -under this Act shill 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 imme- diately following the session, or the succes- sive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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 nreiudice to the validity oE anything previously done under that rule.".

37.

Tn section 39, after sub-section (4). the fol-

lowing sub-section shall be inserted, namely: —

The Cost and Works (\rrountants Act, 195!) (23 of 1950).

" (5) Every regulation made under this Act shall be laid, as soon as mav be after it Js 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 imme- diately following the session or the succes- sive sessions aforesaid, both Houses agree in

making any modification in the regulation, or both Houses agree that the regulation should not be made, the 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 regulation.".

38. The Government Sav- ings Certificates Act, 1U59 (46 of 1959).

In section 12, in sub-section (5), for the words "in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more successive sessions, and if, be- fore the expiry of the session immediately fol- lowing the session or the successive sessions aforesaid" shall be substituted.

39. The International

Development Associa- tion (Status, Immunities and Privileges) Act, 19fiO (32 of 1960),

In section 5. for the words "in two successive sessions and if before the expiry of the session i In which it is so laid or the session immediately following", the words "in two or more successive sessions, and if, before the expiry of the session immediately following the session or the succes- sive sessions aforesaid" shall be substituted.

40. The S"lar JunK

Museum Act, 1061 (26 of 1061).

(1) In sub-section (3) of section 27, for the words "in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following', the words "in two or more successive sessions, and if, be- fore the expiry of the session immediately fol- lowL'g the session or the successive sessions aforesaid", shall be substituted.

(2) In section 28, after sub-section (3), the following sub-section shall be inserted, name- ly :-

"(4) Every regulation made under this Act and every notification issued under sub- section (3) shall be laid, as soon as may be after it is made or Issued, 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 following the session or the successive sessions aforesaid, both Houses agree in making any modifica- tion in the regulation or notification or both Houses agree that the regulation or notifica- tion should not be made, the regulation or notification 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 pre- viously done under that regulation or noti- fication.".

4:

L The Dowry

Prohibition Act, 1961 (28 of 1961).

In section 9, in sub-section (2), for the words "in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more successive sessions, and if, be fore the expiry of the session immediately fol- lowing the session or the successive sessions aforesaid" shall be substituted.

42

I. The Asian Develop-

ment Bank Act, 1966 (18 of 1966)

In section 7, for the words "in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more successive sessions, and if, before the expiry of the session immediately following the session or the succes- sive sessions aforesaid" shall be substituted.

43 . The Civil Defence Act, 1368 (27 of 1968).

In section 20, for the words "in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more succes- sive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substitut- ed.

44, . The Gold (Control)

Act, 1968 (45 of 1968)

In section 114, in sub-section (3), for the words "in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more successive sessions, and if, be- fore the expiry of the session immediately fol- lowing the session or the successive sessions aforesaid" shall be substituted.

45. The Foreign

Marriage Act, 1969 (33 of 1969).

In section 28, in sub-section (3), for the words "in two successive sessions, and if before the expiry of the session in which it is so laid oi the session immediately following", the words "in two or more successive sessions, and if, be- fore the expiry of the session immediately fol- lowing the session or the successive sessions aforesaid" shall be substituted.

46.

(1) In section 66,—

The Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1069).

(a) jn sub-section (1), for the words "may make regulations", the words "may, by notification in the Official Gazette, make regulations" shall be substituted;

(b) after sub-section (2), the following

sub-section shall be inserted, namely: —

"(3) the Central Government shall cause every regulation made under this section to 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, be- fore the expiry of the session imme- diately following the session or the successive sessions aforesaid, both

Houses agree in making any modifica- tion in the regulation, or both Houses agree that the regulation should not be made, the 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 regulation.'.

(2) In section 67, in sub-section (3), for the words "in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesoid," shall be substituted.

47 . The Indian

Medicine Central Council Act, 1970 (48 of 1970).

(1) In section 35, in sub-section (2), for the words "in two successive sessions, and If, before the expiry of the session in which it is so laid or the session immediately following", the words "in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted.

(2) Section 36 shall be re-numbered as sub-

section (1) thereof, and—

(i) in sub-section (1) as so re-numbered, after the words "the Central Government", the words "by notification in the Official Gazette," shall be inserted;

(ii) after sub-section (1) as so re-num- bered, the following sub-section shall be in- serted, namely: —

"(2) Tha Central Government Bhall cause every regulation made undeu this Act to be laid, as soon as may be after it is made, before each House of Parlia- ment, 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 following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regula- tion or both Houses agree that the regu- lation should not be made, the regula- tion 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 any- thing previously done under that regu- lation.". '

48. The Naval and Aircraft Prize Act, 1971 (59 of 1971).

In section 17, in sub-section (3), for the words "in two successive sessions, and if, before the expiry of the session in which they are so laid or the session immediately following", the words "in two or more successive sessions, and if, be- fore the expiry of the session immediately fol- lowing the session or the successive sessions aforesaid" shall be substituted.

Section 33 shall be re-numbered as sub- 49

section (1) thereof, and—

. The Homoeopathy Central Council Act, 1973 (59 of 1973).

(i) in sub-section (1) as BO re-numbered, for the words "make regulations,", th" words "make, by notification in the Official Gaz"ttt, regulations" shall be substituted;

(ii) after sub-section (1) as so re-num- bered, the following sub-section shall be in- serted, namely: —

"(2) The Central Government fihall cause every regulation made under this Act to b" laid, a" 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 succes- sive sessions, and if. before the expiry of the session immediately following the session or the successive sessions afore- said, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall there- after have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modifica- tion or annulment shall be without pre- judice to the validity of anything pre- viously done under that regulation.".

50 . The Press Council Ad •, Section 26 shall be re-numbered as sub- 1978 (37 of 1978)

•ection (1) thereof, and—

(i) in sub-section (1) as so re-numbered, after the words "The Council may" the words "by notification in the Official Gazette," shall be inserted;

(ii) after sub-section (1) as so re-number- ed, the following sub-section shall be inserted, namely: —

"(2) The Central Government shall cause every regulation made under thlf Act to be laid, as toon as may be after It is made, before Bach Hous" of Parlia- ment, while it Is in session, for a total period of thirty days which may b" comprised In one session oar in two or

Short title Amendments

SI. No.

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 the regula- tion or both Houses agree t i nt the regu- lation should not be made, the regula- tion shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any modification or annulment shall be without prejudice to the validity of any- thing previously done under that regu- lation.".

STATEMENT OF OBJECTS AND REASONS

The Bill seeks to amend the various Acts mentioned in the Schedule thereto for the purpose of giving effect to the recommendations of the Committees on Subordinate Legislation regarding publication and laying of rules and other delegated legislation.

JAGAN NATH KAUSHAL.

NEW DELHI; The 25th October, 1982.

II

BILL NO. XXXIX OF 1982

A Bill further to amend the Aircraft Act, 1934.

BE it enacted by Parliament in the Thirty-third year of the Republic of India as follows: —

1. This Act may be called the Aircraft (Amendment) Act, 1982.

Short

title.

22 of 1934.

Amend,

ment of

sections.

2. In section 5 of the Aircraft Act, 1934 (hereinafter referred to as the principal Act), clause (ah) at sub-section (2) shall be re-lettered as clause (.ac) thereof and before it, as so re-lettered, the following clause shall be inserted, namely: —

'(ab) the economic regulation of civil aviation and air transport serviced, including the approval, disapproval or revision of tariff of operators of air transport services; the officers or authorities who may exercise powers in this behalf; the procedure to be followed and the factors to be taken into account by such officers or autho- rities; appeals to the Central Government against orders of such officers or authorities and all other matters connected with such tariff.

Explanation.—For the purposes of this clause, "tariff" Includes fares, rates, valuation charges and other charges for air transport of passengers or goods, the rules, regulations, practices or services affecting such fares, rates, valuation charges and other charges and the rates, terms and conditions of commission payable to passenger or cargo sales agents;'.

Amend-

ment of

section

14A.

3. In section 14A of the principal Act, for the words "for a period of thirty days which may be comprised In one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following", the words "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 following the session or the successive sessions aforesaid" shall be subo- tituted.

STATEMENT OF OBJECTS AND REASONS

Section 5 of the Aircraft Act, 1934 empowers the Central Government to make rules providing inter alia for the regulation of air transport services and the authorities by which powers conferred by or under the Act may be exercised. The Committee on Subordinate Legislation of the Sixth Lok Sabha (]2th Report) have recommended that the section might be suitably amended so that authority expressly flows therefrom for authorising the Director-General of Civil Aviation to approve, disap- prove or revise the fares, etc., of the tariffs of operators of air transport services. It is proposed to give effect to this recommendation by amend- ing sub-section (2) of section 5 of the Act so as to enumerate therein expressly the matters mentioned by the Committee and all other Im- portant matters regarding the economic regulation of civil aviation and air transport services as matters with respect to which rules may be made under the section.

2. It is proposed to avail of the present opportunity to amend section 14A of the Act relating to laying of rules before Parliament so as to faring the same into conformity with the latest formula on the subject as appro- ved by the Committee on Subordinate Legislation.

3. The Bill seeks to achieve the above objects.

NEW DELHI; BHAGWAT JHA AZAD.

The 30th October, 1982.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 2 of the Bill seeks to amend sub-section (2) of section 5 of the Aircraft Act, 1934 to enumerate therein expressly the more important matters regarding the economic regulation of civil aviation and air transport services as matters with respect to which rules may be made under the section. The matters which are expressly being so enumera- ted, include inter alia the approval, disapproval or revision of tariff of operators of air transport services, the officers or authorities who may exercise powers in this behalf, the procedure to be followed and the factors to be taken into account by such officers or authorities, and ap- peals to the Central Government against the orders of such officers or authorities. The matters with respect to which the Central Govern- ment may make rules under the proposed amendment pertain to matters of detail. The delegation of legislative power is, therefore, of a normal character.

SUDARSHAN AGARWAL, Secretary-General.

PBINTEL BY THE GENERAL MANAGER, GOVERNMENT OP INDIA PRESS, M I N TO ROAD, NEW DLLHI AND PUBLISHED BY THE CONTROLLER OF PUBUCATJONS, DELHI, 1 9 82