Servants of Knowledge
Extraordinary Gazette of India · Government of India

Subject NOT available

Published 01 September 1983

Ministry
Ministry NOT available
Type
Extra Ordinary
Download
GV_Content_Detail$ctl14$lnkflname_Pdf_Img
Gazetteid
E-0913-1983-0023-39490
Identifier
in.gazette.csl_extraordinary.1983-09-01.E-0913-1983-0023-39490
Languages
English, Hindi
Published at
Original source ↗

click here for IIIF manifest

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 23] NEW DELHI, THURSDAY, SEPTEMBER 1, 1983 BHADRA 10, 1903

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

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department) New Delhi, the 1st September, 1983/Bhadm 10, 1905 (Saka)

The following Act of Parliament received the assent of the President on the 30th August, 1983, and is hereby published for general informa- tion: —

THE DELEGATED LEGISLATION PROVISIONS

(AMENDMENT) ACT, 1983

No. 20 OF 1983

[30th August, 1983.]

An Act to amend certain Acts to implement the recommendations of the Committees on Subordinate Legislation regarding publi- cation and laying of rules and other delegated legislation.

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

1. (1) This Act may be called the Delegated Legislation Provisions (Amendment) Act, 1983.

Short, title and com- mence- 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)

2 THE GAZETTE OF INDIA EXTRAORDINARY [PART K—

THE SCHEDULE

(See section 2)

AMENDMENTS

Amendments

si. No. Short title

1. The Opium Act, 1857 After section 31, the following section shall

(13 of 1857).

be inserted, namely: —

Publication and laying of 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 la 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 following the session, or the successive sessions aforesaid, both Houses agree in making any modifica- tion in the rale 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 preju- dice to the validity of anything previously done under that rule.".

In section 8,—

2. 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.".

tra- (1) For section 20, the following section shall )P7 be substituted, namely: —

3. The Press and Regis tion ol Books Act, If (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 necessary or desir- able 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) Tn 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

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY <}

s 1. ro. Short title

Amendments

N

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.

Section 83 shall be re-numbered as sub-section

(1) thereof, and—

The Indian Christian Marriage Act, 1872 (15 of 1872).

(a) in sub-section (l)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.".

5. The Government Savings 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.

6,

Section 4 shall be re-numbered as sab-section

(I) thereof, and—

The Indian Reserve Forces Act, 188B (4 of 1S88).

(i) in sub-section (1) as so re-number- ed, after the words "The Central Govern- ment 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 belaid, as soon as may be after it is made, be- fore each House of Parliament, while it is in session, for a total period c-f 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 Houses agree that the rule or order should not be made, the role or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, howevei, that any such modification or annulment shall be without prejudice 1o the validity of any- thing previously done under that rule or order.".

I THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendments

s: L o. Short title

N

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

7.

ing sub-section shall be inserted, namely: —

The Indian Tolls (Army and Air Force) Act, 1901 (2 of 1901).

1

"(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 67, after sub-section (2), the follow-

Code of Civil procedure, 1B08 (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.".

ft . The Indian Ports Act, In section 6, after sub-section (2), the follow-

1908 (15 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, aa 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, b o^ 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 formi 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.".

1 0, The Registration Act, Section 91 shall be re-numbered as sub-

1908 (18 of 1908).

section (1) thereof, and—

(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,

&E0. lj. THE GAZETTE OF INDIA EXTRAORDINARY 5

Amendments

i. Short title

SI. Nc

prescribes in this behalf" shall be substitut- ed;

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

" (2) Every rule prescribed uriddr this section dr made under section 69 shall be laid, as soon as it id made, be- fore the State Legislature.",

The Indian

(1) In section 35,—

11.

Electricity Act, 1910 (9 Qf 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 Cen- tral Government under sub-section (3) shall 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 mor^ 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 order or both Houses agree that the order should not be made, the 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 order.".

]

(2) In section 38, for sub-section (3), the following sub-section shall be substituted, J 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 agree that the rule should not be made, the rule shall there- after have effect only in such modified form

6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendments

a. Short title

SI N,

or be of no effect, as the case may be; BO, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".

12

(1) In section 8,—

. The Indian Museum Act, 1910 (10 of 1910).

(i) in sub-section (2), for the words "make bye-laws", the words "make, by noti- fication in the Official Gazette, bye-lawa" shall be substituted;

00 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 bo 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- i'ore 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.

1:

3. The Official Trustees In section 30,—

Act, 1913 (2 of 1913).

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

sub-section shall be inserted, namely: —

"(3A) Every rule made by the Slate 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 ia 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.

gEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

Amendments

3. Short title

SI N<

14.

i section 4, after sub-section (3), the follow- sub-section shall be inserted, namely: —

]

The Local Authorities In Loans Act, 1914 (9 of ing 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, '.hat any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".

15

ection 12 shall be re-numbered as sub-section

thereof, and—

'. The Maintenance S Orders Enforcement (1) Act, 1921 (18 of 1921).

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

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

"(2) 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 Ho'uses agree that the rule should not be made, the rule shall thereafter have effect onlv in such modified form or be of no effect, as the case mav be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.".

1

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

sub-section shall be inserted, namely: —

6. The Cantonments j, (House-Accommoda- ing tion) Act, 1923 (6 of 1923).

"(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

8 THE GAZETTE OF INDIA EXTRAORDINARY [PART H—

Amendments

SI. Short title No.

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 be; so, however, that any such modi- fication or annulment shall be without pre- judice to the validity of anything previously done under that ruie.".

17. The Indian Succession

Act, 1925 (39 of 1025) b<

(/) In section 223, after the words "rules to ; made", the words ", by notification in the fficial Gazette," shall be inserted.

0

b" 0

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

(3) Af'.er section 236 and before "Chapter '—Of Limited Grants", the following section iall be inserted, namely:-—

I] si

Laying of rules before State Legislature.

"236A. Every rale 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.".

18. The Dangerous Drugs In section 36, after sub-section (2), the allowing sub-sections shall be inserted, name- Act, 1930 (2 of f< 1930). h

" (3) Every rule made bv 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 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 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 any- thing previously done under that rule.".

In section 71,—

10. The Inditm 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;

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 9

x Short title

Amendments

SI N<

(i£) after sub-section (3), the following

sub-section .shall be inserted, namely.—

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

20. . The Agricultural Pro-

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

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

" (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 no 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.".

2:

1 Tn section 4, after sub-section (3), the follow- • ing sub-seation shall be inserted, namely.— •i-;*<.*

1. The Muslim Persona Law (Shariat) Appli- cation Acts 1937 (26 of 1937).

" (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.".

22,

(1) In section 34H, in sub-section (10), for , The Insurance Act, I03J1 f 4 n[- 1 9 3 R ).

the words "may make rules", the words "may, by notification in the Official Gazette, make; rules" shall be substituted.

(2) In section 64UB,—

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

(i?) in sub-section (3), after the words "The Advisory Committee may,", the words "hv notification in the Official Gazette," shull bo inserted.

(3) In section 114, for pub-section (3V the "ollowing sub-section shill be substituted, i r lamely:—

"(3) Every rule made under this section or under sub-section (10) of section 34H or

id THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendments

SI. No. Short title

under sub-section (/) of section 64UB and every regulation made under sub-section (3) of section 64UB and every regulation made under this Part shall be laid, as soon as may be alter 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 immediately following the session or the successive sessions aforesaid, both Houses agree in making any modifica- tion in the 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 annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.".

23.

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

ing sub-section shall be substituted, namely: —

The Capital Issues (Control) Act, 1947 (29 of 1947).

" (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 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 there- af+er 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

(/) Section 4C shall be re-numbered ag sub-

section (/) thereof, and—

The Electricity (Supply) Act, ]948 (54 of 1948).

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

(ii) after sub-section (/) as so re-num- bered, the following sub-section shall bo inserted, namely:—-

"(2) The Central Govern men 1 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

SEC. ] ] THE GAZETTE OF INDIA EXTRAORDINARY 11

Amendments

Short title

SI. No

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 successive sessions aforesaid, both Houses agree in making any modification in the regulation, or both Ho'uses agree that the regulation should not be made, the re- gulation 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 annul- ment shall be without prejudice to the validity of anything previously done under that regulation.".

(2) In section 79, in the opening portion, for the words "The Board may make regulations", the words ''The Board may, by notification in the Official Gazette, make regulations" shall b" substituted.

(3) After section 79, the following section

shall be inserted, namely: —

I ^aying Of certain rules and regulation3 before State Legislature.

Alter section 30A, the following section shall 25.

be inserted, namely: —

The Chartered Accountants A'jt, 1949 (38 of 1949).

Laying of regulations,

"30B. Every regulation made under thii 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 modification in the regulation, or both Houses agree that the regulation 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 modifica- tion or annulment shall bp without prejudice to the validity of anything previously done under that regulation.".

26,

In section 16, after sub-section (2), the following sub-section shall be inserted, name- ly:—

, The Army and Air Force (Disposal of Private Property) Act, 1950 (40 of 1950).

"(.?) Every rule made hv 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 oC thirty days which may be comprised in one session or in two or

ia THE GAZETTE QV INDIA EXTRAORDINARY [PABT It—

Amendments

Short title

SI. No.

more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aiore- 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 puch modiiied 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.".

27.

After section 193, the following section shall

ie inserted, namely: —

The Army Act, 1950 (46 of 1950), b \nlcs and regulations I o be laid before t Parliament. I

28.

"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 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 regu- lation or both Houses agree that the rule or regulation should not be made, the rule or regulat.on shall thereafter have effect only in such modified form or be of no effect, as the cas3 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: —

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

Laying of rules.

"58A. (I) 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 shpll 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.".

9EC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 13

Amendments

Short title

SI No.

29. •:

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

The Notaries Act, X952

53 of 19B2).

(

"(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 "

The Special Marriage

30.

In section 50, after sub-section (2), the following sub-sections shall be inserted, name- Act, 1954 (43 of 1954)

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 ox 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 yoon as it is made, before the State Legis- lature.".

31 . The Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (1G or 1955).

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

In section 20, after sub-section (5), the following sub-section shall be inserted, namely: —

. The Durgah Khawaja

Saheb Act, 1955 (36

of 1955).

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

X4 THE GAZETTE OF INDIA EXTRAORDINARY jPABt I I --

Amendments

Short title

SI. No.

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 bye- 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 anything previ- ously done under that bye-law or order.".

33.

In section 30, for sub-section (3), the follow-

ing sub-section shall be substituted, namely: —

The Securities Contracts (Regulation; Act, X956 (42 of 1956).

" (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 isession, 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 prejudice to the validity of anything previously done under that rule.".

34.

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

sub-section shall be substituted, namely: —

The Inter-State Cor- porations Act, 10B7 (311 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 the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any mpdiflcation in the order or both Houses agree mat the order ahoult) noi, be made, the order 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 annulment shall be without prejudice to the

SEC. 1J THE GAZETTE OF 1NM/1, EXTHAORDINAKY 15

Short tntle Amendments

1.

SI No

validity of anything previously done under that order.".

35

Alter section 481, the following section shall

be inserted, namely: —

. The Delhi Municipal Corporation Act, 1957 (66 of 1957). Regulations and bye- laws to be laid before Parliament,

"481A. The Central Government shall cause every regulation made under this Act and every bye-law made under section 481 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 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 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 regu- lation or bye-law.".

3fi . The International

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

ing sub-section shall be substituted, namely: —

Finance Corporation (Status, Immunities and Privileges) Act, 1958 (42 of 1958).

"(2) Every r*ule 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 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 prejudice to the validity of anything previously done under that rule.".

In sncLion 39, after sub-section (4), the fol-

lowing sub-section shall be inserted, namely: —

'. The Cost and Works Accountants Act, ]959 (23 of 1959).

''(5) Every regulation made under this Act shall bo laid, as soon as may be after it in 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 im- mediately following the session or the suc- cessive sessions aforesaid, both Houses agree

t6 THE GAZETTE OF INDIA EXTRAORDINARY [PART H—

Amendments

Short title

SI. No.

in making any modification in the regula- tion, or both Ho'uses 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, 105.9 (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, Immuni' ties and Privileges) Act, 1960 (32 Of 1960).

In section 5, for the words "in two successive 1 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.

40. . The Salar Jung Museum Act, 1961 (26 of 1901).

(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 8o 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.

(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 everv 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.".

Sic. J] THE GAZETTE OF INDIA EXTRAORDINARY 17

Amendments

Short title

1.

SI. TN'c

41. The Dowry Prohibi-

tion Act, 1901 (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 The Asian Develop- ment Bank Act, I960 us or 1966).

In section 7, for the words "in two successive sessions and if before the expiry of the session in which it is sc 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, 1968 (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- yive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substitut- ed,

I 'ihe Gold (Control) Act, 1968 (45 of 1968)'

In section 20, for the words "in two successive 1 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 1869).

• 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 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.

46 Thc Monopolies an d (I) In section 66,—

Restrictive Trade Practices Act, 1969 (54 of 1969),

(a) in subjection (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

18 THE GAZETTE OF INDIA EXTRAORDINARY [PMM.1 II—

Amendments

Short title

SI. No

section to be laid, as soon as may lie nfter it is made, before each House of Parliament, whjle it is in session, for a total period of Ihirty 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 tv/o successive sessions, and if, before the e7cpiry of the session in which it is so .laid or the tension 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.

47. The Indian Medicine Central

Council Act, 1970 (48 of 1970).

(1) In section 35, in sub-section (2), foi the words "in two successive sessions, and if, before the expiry of the session in which it is to 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) The Central Government shall cause every regulation made under this Act to be laid, as soon as may be after it is made,

SEC. ]] '11-iE GAZLTTE O^ INDIA EXTRAORDINARY to

Amendments

Short: title

SI. No

betore each Hom;e of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two ov more successive sessions, and it, before the expiry of the session immediately following the session or the successive 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 ur annul- ment shall be without prejudice to the validity of anything previously done under thai regula- tion.".

In section 17, in sub-section (3), for the words 48. . The Naval and

Aircraft Prize Act, 1971 (50 of 197H.

"in two successive sessions, and if, bei'civ Hie expiry of the session in which they ai'e ,,o laid or the session immediately following", the words "in two or more successive sessions, anJ if, be- fore the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted.

49.

Sr-iition 33 shall bo re-irr,?nbered as '*u~ -sec-

tion (1) thereof, and—

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

(?) in sub-section (1) as so rc-nninhered, •'or the words ''make regulations", the words "make, by notification in the Official Gazette, regulations" shall be substituted;

(H) after sub-section (1) as so renumber- ed, the following sub-section shall be inserted, namely.—

" (2) The Central Government shall cause every regulation made 'under this Act to 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 immediate- ly following the session or the successiv sessions aforesaid, both Houses agree making any modification in the re' tion or both Houses agree that the lation should not be made, the re shall thereafter have effect only modified form or be of no effec

2? THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC, 1]

Short title

Amendments

SI. No

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.".

50.

Section 26 shall be re-numbered as sub- The Press Council Act, 1978 f37 of 1978).

section (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-nurnber- ed, the following sub-section shall be insert- ed, namely:—•

"(2) The Central Government shall cause every regulation made under 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 com- prised 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 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, how- ever, that any modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.".

R. V. S. PERI SASTRI,

Secy, to the Govt. of India.

VRFNIEl) BY THE GENERAL MANAGER, QOVERNMtNT OF INDIA PRESS, MINTO ROAD, NLW Df.IHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1 9 83

Cite this issue. Extraordinary Gazette of India, Government of India, 01 September 1983. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1983-09-01.E-0913-1983-0023-39490/. Archive identifier in.gazette.csl_extraordinary.1983-09-01.E-0913-1983-0023-39490.