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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

II

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 28] NEW DELHI, WEDNESDAY, MAY 2, 1984/VAISAKHA 12, 1906

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

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 2nd May, 1984: —

BILL NO. IX OF 1984

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

mittees on Subordinate Legislation regarding publication and laying

of rules and other delegated legislation.

Be it enacted by Parliament in the Thirty-fifth Year of the Republic

of India as follows:—

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

(Amendment) Act, 1934.

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 mentioned 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

81. Nc ). Short title

Amendments

1. The Opium Act, 1878

After section 25, the following see- (1 of 1878).

tion shall be inserted, namely: —

Laying of rules before State Legislature.

"26. 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 L-egislature.".

2. The Prisons Act, 1894

Section 59 shall be renumbered as (9 of 1894),

sub-section (I) thereof, and—

(a) in sub-section (1) as so renumbered, after the words "The State Government may", the words ", by notification in the Official Gazette," shall be inserted;

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

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

The Designs Act, 1911

3.

In section 77, after sub-section (3), the following sub-section shall be (2 of 1911).

inserted, namely: —

" (4) 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 com- prised 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 rula 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 pre- judice to the validity of anything previously done under that rul".".

4. ' Hie Poisons Act, 1919 (12 of 1919).

In section 8, after sub-section (3), the following sub-sections shall be in- serted, namely: —

"(4) Every rule made by th" 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 com- prised 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 av 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 pre- judice to the validity of anything previously done under that rule.

(5) 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."

In section 8,—

5. ' The Identification of Prisoners Act, 1920 (33 of 1920).

(a) in sub-section (1), after the words "The S+ate Government may", the words ", bv notification

in the official Gazette/' shall be inserted;

(b) after sub-section (2), the following sub-section shall be in- serted, namely:.—

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

d. The Passport (Entry into India) Act, 1920 (34 of 1920).

In section 3, after sub-section (4), the following sub-section shall be in- serted, namely: —

"(5) Every rule 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 com- prised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the sessien 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 pre- judice to the validity of anything previously done under that rule.".

7. 1

[*he Indian Boilers "Let, 1923 (5 of 1923).

(1) Section 28 shall be renumbered as sub-section (1) thereof, and after sub-section (I) as so renumbered, the following sub-section shall be insert- ed, namely: —

"(2) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirW days which may be comprised In on^ 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 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 pre- judice to the validity of anything previously done under that re- gulation.".

(2) In section 28A, 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 succesitve ses- sions, and if, before the expiry of the session immediately following the ses- sion or the successive sessions afore- said" shall be substituted.

(3) Section 29 shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be insert- ed, namely:—

"(2) 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,".

In section 32, after sub-section (2), the following sub-section shall be in- serted, namely: —

8. 'The Workmen's Compensation Act, 1923

(8 of 1923).

"(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 Soldiers (Litigation) Act, 1&25 (4 of 1925).

Section 13 shall be renumbered as sub-section (1) thereof, and after sub- section (1) as so renumbered, the following sub-section shall be inserted, namely: —

"(2) Every rule made under sub-section (1) 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 Ve 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 o^r both Houses agree that the rule should not be made, the rule sthall tJhePeaffter 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 dhall be without prejudice to the vali- dity of anything previously done under that rule.".

10. The Indian Wireless Telegraphy Act, 1933 (17 of 1933).

In 'section 10, in sub-section (4), for the words "in two successive ses- sions, 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 ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said" shall be substituted.

11. The Registration of Foreigners Act, 1939

(16 of 1939).

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

"(2) Every rule made under sub-section (1) 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, ag the case may be; so, however, that any such modifica- tion or annulment shall be with- out prejudice to the validity of anything previously done under that rule.".

12.

Section 12 shall bo lurmmbered as

sub-section (1) thereof, and—

Th" Assam Rifles Act, 1941 (5 0* 1041).

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

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

" (2) Every order and every rule made under sub- section (2) shall be laid, as soon as may be after it is made, before each House of Parlia- ment while it ia 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 ses- sions aforesaid, both Houses agree in making any modifica- tion in the order or rule, or both Houses agree that the order or rule should not be made, the order or rule shall

thereafter have effect only in such modified form or be Of no effect, as the case may be; BO, however, that any such modi- fication or annulment shall be without prejudice to the validity of anything previously done under that order or rule.".

13. The Reciprocity Act, 1943 (9 of 1943).

In section 6, after sub-section (2), the following ^ab-section shall be in- serted, namely: —

"(3) Every rule 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 com- prised in one session or in two or more successive sessions, a^id 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, how- ever, that any such modification or annulment shall be without pre- judice to the validity of anything previously done under that rule.".

14.

Section 4 shall be renumbered as

sub-section (1) thereof, and—

The United Nations (Pri- vileges and Immunities) Act, 1947 (46 of 1947).

(a) in sub-section (1) as so renumbered, after the words "The Central Government may", the words ", by notification in the Official Gazette," shall be insert- ed;

(b) after sub-section (1) as so renumbered, the following sub- section shall be inserted, name- l y :-

"(2) Every rule made under this Act shall be laid,

as soon as may be after it is made, before each House of Parliament, while it ig in ses- sion, for a total period of thirty days which may be comprised in one session or in two or more successive ses- sions, and if, before the expiry nf 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 an- nulment shall be without pre- judice to the validity of any- thing previously done under that rule.".

15.

In section 18,—

The Census Act, 1948 (37 of 1948).

(a) in sub-section (1), after the words "The Central Govern- ment may", the words ", by noti- fication in the Official Gazette," shall be inserted;

(fa) after sub-section (2)( the following sub-section shall be In- serted, namely: —

"(3) 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 ses- sions, 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 an- nulment shall be without pre- judice to the validity of any- thing previously done under that rule.".

16. The Diplomatic and Con- sular Officers (Oaths and Fees) Act, 1948 (41 of 1948).

In section 8, in sub-section (I), after the words "The Central Govern- ment may", the words ", by notifica- tion in the Official Gazette," shall be inserted.

17.

In section 1&, after sub-section (2), the following sub-section shall be inserted, namely:—

The Central Reserve Police Force Act, 1949 (66 of 1949).

" (3) Evety rule 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 com- prised 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 modification or an- nulment shall be without prejudice to the validity of anything previ- ously done under that rule.".

18. The Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).

Section 9 shall be renumbered as sub-section (1) thereof, and after sub- section (1) as so renumbered, the fol- lowing sub-sectipn shall be inserted, namely: —

"(2) Every rule 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 o( thirty days which may be compri- sed 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 modi^ flcation 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.".

19.

After section 191, the following

section shall be inserted, namely:—

The Air Force Act, 1950 (45 of 1950).

"191A. Every rule and eveiy

regulation made under this Laying of rules and regulations before Parliament.

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 ses- sions aforesaid, both Houses agree in making any modification In the rule or regulation or both Houses agree that the rule or re- gulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, thnt any fcu'ch modification or nnmil- niont shall be without pn>judir<"> to the validity of anything nrt>vi- nusly done uridrr thnt rnlf; nr

20.

Section 7 shall be renumbered ag

sub-section (1) thereof, and—

The Finance Commission (Miscellaneous Provisions) Act, 1951 (33 of 1951).

(a) in sub-section (1) as so renumbered, after the words "by rules made", the words "by noti- fication in the Official Gazette," shall be inserted;

(b) after sub-section (I) as BO renumbered, the following sub- section shall be inserted, namely: —

"(2) Every rule made under this section shatt be laid, as soon as may be after it is made, before each House of Parliament, while it is in ses- sion, for a total period of thirty days which may be com- prised In one session or in two or more successive ses- sions, 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 anything previ- ously done under that rule.".

The State Financial Corporations Act, 1951 (83 of 1951i.

(1) In section 47, after the words "The State Government may", the words ", by notification in the Official Gazette," shall be inserted.

(2) After section 48, the following

section shall be Inserted, namely: —

Laying of rules and regulations before State

Legislature.

"4BA. Every rule made under section 47. and every regulation made under section 48 shall be laid, as soon as may be after it is made, before the State Legisla- ture.".

22. The Industries (Develop- ment and Regulation) Act, 1951 (65 of 1951).

23.

In section 30, for sub-section (4), the following sub-section shall be sub- stituted, namely; —

"(4) 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 compris- ed in one session or in two or more successive sessions, and if, before the expiry of the session immedia- tely following the session or the successive sessions aforesaid, 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,".

(1) After section 6C, the following

section shall be inserted, namely: —

The Employees' Provident runda and Miscellaneous ] Provisions Act, 1952 ] (19 of 1952). |

I jaying of schemes lefore Parliament. b

"6D. Every scheme framed under section 5, section 6A and sec- tion 6C shall be laid, as soon as may be after it is framed, before each House of Parliament while it is m session, for a total period of thirty days which may be compris- ed in one session or in two or more successive sessions, and if, before the expiry of the session immedia- tely following the session or the successive sessions aforesaid, both Houses agree in making any modi- fication in the scheme, or both Houses agree that the scheme should not be framed, the scheme shall thereafter have effect only in such modified form or be of no

effect, as the case may be; so, how- ever, that any such modification or annulment shall be without prejudice to the validity of any- thing previously done under that scheme.".

24. The Commissions of Inquiry Act, 1952 (60 of 1952)..

(2) In section 7, for sub-section (2), the following sub-section shall be sub- stituted, namely: —

"(2) Every notification issued under sub-section (1) shall be laid, as soon as may be after it is 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 modification in the notification, or both Houses agree that the notification should not be issued, the notification shall there- after have effect only in such modi- fled 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 notification."

In section 12,—

(a) in sub-section (3), for tne words "In two successive sessions, arid if, before the expiry of the session in which it is so laid or the session immediately follow- ing", the words "in two or-more successive sessions, and if, before the expiry of the session imme- diately following the session or the successive sessions aforesaid" shall be substituted;

(b) after sub-section (3), the following sub-section shall be in- serted, namely: —

" (4) 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 Legis- lature.".

25.

In section 34, for sub-section (4), the following sub-section shall be substituted, namely: —

The Reserve and Auxiliary Air Forces Act, 1952 (62 of 1952).

"(4) 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 com- prised in one session or in two or mpre successive sessions, and if, before the expiry of the session im- mediately 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 or be of no effect, as the case may be; so, however, that any such modification or an- nulment shall be without prejudice to the validity of anything pre- viously done under that rule.".

26.

In section 28, after sub-section (2), the following sub-section shall be in- serted, namely:—

The Forward Contracts (Regulation) Act, 1952 (74 of 1952).

"(3) Every rule made under this Act shall be laid, as Boon M 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 com- prised 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 mak- ing 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 such modifica- tion or annulment shall be without prejudice to the validity of any- thing previously done under that rule.".

27.

In section 14, for sub-section (3), the following sub-sections shall be substituted, namely: —

The Collection of Statistics Act, 1953 (32 of 1953).

"(3) 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 com- prised 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- 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 an- nulment shall be without pre- judice to the validity of anything previously done under that rule.

(4) Every rule made by the State Government under this sec- tion shall be laid, as soon as It is made, before the State Legisla-

ture".

2tJ. The Coir Industry Act, 1953 (45 of 1953).

(i) In section 26, in sub-section (3), for the words "before the expiry of the session in which it is so laid or the successive session^ aforesaid" the words "before the expiry of the ses- sion immediately following the session or the successive sessions aforesaid'' shall be substituted.

(2) In section 27, after sub-section (3), the following sub-section shall be inserted, namely: —

" (4) Every by-law made under this Act shall be laid, as soon as may be after it is made, before each House ol Parliament, 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 expiry of the session immediately following the session or the successive sessions afore- said, both Houses agree in making any modification in the by-law or both Houses agree that the by- law should not be made, the by- 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 modifi- cation or annulment shall be without prejudice to the validity of anything previously done under that by-law.".

29. The Salt Cess Act, 1953 (49 of 1953).

In section 6, in sub-section (3), for the words "in two successive ses- sions, 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 ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid," shall be substituted.

After section 68, the following sec-

30. '

tion shall be inserted, namely: —

The Wakf Act, 1954 (29 of 1954).

Laying of rules and regulations before State Legislature-

"68A. Every rule made under section 67 and every regulation made under sect.on 68 shall be laid, as soon as may be after it is made, before the State Legisla- ture.".

31.

In section 3, after sub-section (3), the following sub-section shall be in- serted, namely:—

Tho Spirituous Preparations (later-State Trade and Commercej Control Act, 1955 (39 of 1955).

"(4) 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 com- prised 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 aot be made, the rule shall thereafter have effect only in such modified form or be ⁰I no effect, as the case may be; so, however, that any such modification or an- nulment shall be without preju- dice to the validity of anything previously done under that rule.".

as. The Citizenship Act, 1955 (57 of 1955).

In section 18, for sub-section (4), the following sub-section shall be substituted, namely:—

"(4) 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 com- prised 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- after have effect only in such mo- dified 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 pre- viously done under that rule.".

33. The Life Insurance (Emer- gency Provisions) Act, 1956 (9 of 1956).

In section 17, after suh-section (2), the following sub-section shall be in- serted, namely:—

"(3) Every rule 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 com- prised 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 mav be; so. however, that any such modification or annulment shall be without pre- judice to the validity of anything previously done under that rule."

34.

(1) In section 28, for sub-section (3), the following sub-section shall be substituted, namely: —

The All-India Institute of Medical Sciences Act, 1956 (25 of 1956).

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

SI. No. Short title Amendments

each House of Parliament, 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 expiry of the session

immediately following the session

or the successive sessions afore-

said, both Houses agree in mating

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 vali-

dity of anything previously done

under that rule.".

(2) In section 29,—

(a) in sub-section (1), for the

words "may, with the previous

approval of the Central Govern-

ment", the words ", with the pre-

vious approval of the Central

Government, may, by notification

in the Official Gazette" shall be

substituted;

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

following sub-section shall be in-

serted, namely: —

(3) Every regulation

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 ses- sions, 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 regu- lation 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 modi- fication or annulment shall be without prejudice to the vali- dity of anything previously done under that regulation.".

35.

In section 129, for sub-section (2), the following sub-section shall be substituted, namely: —

The States Reorganisation Act, 1956 (37 of 1956).

"(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 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 pre- judice to the validity of anything previously done under that rule.".

36.

In section 52, for sub-section (2), the following sub-section shall be substituted, namely: —

The Bihar and West Bengal (Transfer of Territories) Act, 1956

(40 of 1958).

"(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 com- prised 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- 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 validity of anything previous- ly done under that rule.".

37. The River Boards Act, 1956 (49 of 1956).

(1) In section 28, for sub-section (3), the following sub-section shall be substituted, namely: —

" (3) 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 com- prised 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- 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 shsll be without prejudice to the validity of anything previous- ly done under that r u l e ".

(2) Section 29 shall be renumbered as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely: —

"(2) Every regulation 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 afore- said, both Houses agree in making any modification in the regulation or both Houses agree that the re- gulation 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 stich modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.".

38. The Khadi and Village In- dustries Commission Act, 1956 (61 of 1956).

(1) In section 26, 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 afore- said" shall be substituted.

(2) In section 27, after sub-section (3), the following sub-section shall be inserted, namely: —

"(4) Every regulation 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 re- gulation 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.''.

39. The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1956

(63 of 1956).

Sectiun 7 shall be renumbered as sub-section (1) thereof, and after sub- saction (1) as so renumbered, the fol- lowing sub-section shall be inserted, namely: —

"(2) Every rule 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 compri- sed 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 Ho'uses 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 pre- judice to the validity of anything previously done under that rule."

40.

For section 134, the following sec- The Trade and Merchan- dise Marks Act, 1958

tion sha¹! be substituted, namely:—

(43 of 1958).

Laying of rules before Parliament.

"134. Every rule 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 com- prised 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 modification or annul- ment shall be without prejudice to the validity of anything pre- viously done under that rule.".

The Rajasthan and Madhya

41.

c

c

c

In section 17, in sub-section (2), or the words "in two successive ses- Pradesh. (Transfer of Terri- ions, and if before the expiry of the tories) Act, 1959 session in which it is so laid or the (47 of 1959). ; lession immediately following", the s vords "in two or more successive ses- \ iions, and if, before the expiry of the iession immediately following the session or the successive sessions iforesaid" shall be substituted.

42.

In section 54, in sub-section (1), for the words "in two successive ses- sions, and if before the expiry of the session in which it is so laid or the The Andhra Pradesh and Madras < Alteration of 1 Boundaries) Act, 1959 : (56 of 195"). !

•26

T HE G A Z E T TE 01 I N D IA EX I T t A O R D l N A RY

[ I ' A KT I I—

session immediately following", the words "in two or more successive ses- sions, and if, before the expiry of the session immediately following the ses- sion B or the successive sessions afore- said¹' shall be substituted.

43. The Geneva Conventions

Act. 1960 (6 of 1960).

In section 19. 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 fol- lowing", the words "in two or more successive sessions, and if, before the expiry of the session immediately fol- lowing the session or the successive sessions aforesaid" shall be substitu- ted.

44,

. The Bombay Reorganisa-

tion Act, 1960 (11 of 1960).

In section 14, in sub-section (3), for the words "in two successive ses- sions, 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 ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said" shall be substituted.

45 . The Dadra and Nagar

Haveli Act, 1961

(35 of 1961).

46

(b) after sub-section (2), the following sub-section shall be in- serted, namely: —

"(3) Every rule made by the Central Government under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in ses- sion, for a total period of thirty days which may be comprised in one session or in two or more successive ses- sions, and if, before the expiry of the session immediately following the session s 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 modifiedJ 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.'¹.

47. The Extradition Act, 1962

(34 of 1962).

In section 36, in sub-section (3), tfor the words "in two successive ses- sions, 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 ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said" shall be substituted.

48. The Official Languages Act, 1963 (19 of 1963).

In section 8, in sub-section (2), for the words "in two successive sessions, and if before the expiry of the session ijn which it is so laid or the session immediately following", the words "in two or more successive sessions, and if,

SI. No. Short title Amendments

before the expiry of the session imme- diately following the session or the successive sessions aforesaid" shall be substituted.

4". The Unit Trust of In section 43,—

India Act, 1963 (a) in sub-section (1), for the (52 of 1963). words "may, with the previous approval of the Development Bank", the words ", with the pre- vious approval of the Development Bank, may, by notification in the Official Gazette" shall be substi- tuted;

(b) after sub-section (3), the following sub-section shall be inserted, namely: —

" (4) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making an,y modification in the regu- lation 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 pre- viously done under that regu- lation.¹'.

50, The Industrial In section 37,—

Development Bank (a) in sub-section (1), for the of Tndia Ad, 1964 words "may, with the previous (IS of 1064). approval of the Central Govern-

ment¹', the words ", with the pre- vious approval of the Central Government, may, by notification in the Official Gazette" shall be substituted;

(b) after sub-section (3), the following sub-section s-hall be inserted, namely: —

"(4) Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive ses- sions-, 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 regu- lation 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 pre- viously done under that regu- lation.'".

The Punjab Reorganisation

In section 6, in sub-section, (2), 51.

Act, 1966 (31 of 1966).

for the words "in two successive ses- sions, 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 ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said" shall be substituted.

The Police-Forces

52.

(Restriction of Rights) Act, WfiG

In section 6, in sub-section (2), for the words "in two successive ses- sions. :>nd if, before the expiry of the session in which it Is so laid or thp (33 of 10(iG).

session immediately following", the words "in two or more successive ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said" shall be substituted.

The Post-Graduate Institute of Medical Education and Research, Chandigarh, Act, 1966 (51 of 1966).

(\1) in section 31, in sub-section (3), for the words "in two successive sessions, and if, before U^e expiry of the session in which it is so laid or the session immediately following", the words "in two or mo^e successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted.

(2) In section 32,—

(a) in sub-section (1), for the words "may, with the previous approval of the Central Govern- ment", the words ", with the pre- vious approval of the Central Gov- ernment, may, by notification in the Official Gazette" shall be sub- stituted;

(b) after sub-section (2), the following sub-section shall be inserted namely: —

"(3) Every regulation 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 ses- sions, 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 regulation should not be mndc, the regulation jshall 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 prejudice to the validity of anything previously done under that regulation.".

54. The Unlawful Activities (Prevention) Act, 1967 (37 of 1967).

In section 21, in sub-section (3), for the words "in two successive ses- sions, and if, before the expiry of the session in which it js so laid or the session immediately following", the words "in two or more successive ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said" shall be substituted.

55. The Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1969 (24 of 1968).

Tn section 36, in sub-section (2)r for the words "in two successive ses- sions, 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 ses-. sions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said" shall be substituted.

56, '

In section 19, in sub-section (2)

Die Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968 (36 of 1968).

for the words "in two successive ses- sions, 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 ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions afore- said" shall be substituted.

57. The Border Security Force Act, 1968 (47 of 1968).

(3D In section 139, in sub-section (•?), 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) In section 141, 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 ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted.

58. The State Agricultural Credit Corporations Act, 1968 (60 of 1968).

0) In section 46, in sub-section (.9), 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 ses- sions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid'¹ shall be substituted.

(2) In section 47,—

(a) in sub-section (1), for the words "may, after consultation with the Reserve Bank", the words ", after consultation with the Re- serve Bank, may, by notification in the Official Gazette" shall be substituted;

(b) after sub-section (3), the following sub-section shall be inserted, namely: —

"(4) Every regulation made under this Act shall be laid, as soon; as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive ses- sions, 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 thai the regulation should not be made the regulation shal thereafter have effect only in such modified form or be of nc effect, as the case may be; so, however, that any such modi- fication or annulment shall b" without prejudice to the validity of anything previously done under that regulation.¹'.

59.

In section 30, after sub-section (2), the following sub-section shall be inserted, namely: —

The Registration of Births and Deaths Act, 1969 (18 of 1969).

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

60. The Assam Reorganisation (Meghalaya) Act, 1969 (55 of 1969).

In section 77, in sub-section (2), for the words "in two successive ses- sions, 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 ses- sions, and if before the expiry of the session immediately following the session or the successive sessions afore- said" shaU be substituted.

61. The Patents Act, 1970 (39 of 1970).

In section 160, for the words "in two successive sessions, and, if before the expiry of the session in which it is so laid or in the session immediately following", the words "in two o-r more successive sessions, and if, before the expiry of the session immediately following the session or the successive aesions aforesaid" shall be substituted.

62. The State of Himachal Pradesh Act, 1970 (53 of 1970).'

In section 54, in sub-section (2), for the words "in two successive ses- sions, and if, before the exp'iy of th£ sessions in which it is so laid or the session immediately following"^ the- words "in two or more successive ses- sions, and ift before the expiry of the-

session immediately following the session or the successive sessions afore- said" shall be substituted.

€3.

In section 16, after sub-section (2), the following sub-section shall be in- serted, namely: —

The General Insurance (Emergency Provisions) Act, 1971 (17 of 1971).

" (3) Every rule 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 com- prised 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 Jn such modified form or be of no effect, as the ct'se may be; so, however, that any such modification or an- nulment shall be without prejudice to the validity of anything pre- viously done under that rule."

64.

In section 40, after sub-section (2), the following sub-section shall be in- terred, namely:—•

The Delhi Sikh Guru- dwaras Act, 1971 {82 of 1971},

"(3) Every regulation 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 compiised 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 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 validity of anything previously done under that regulation.".

65.

In section 34, after sub-section (4), the following sub-section shall be in- serted, namely: —

The Marine Products Ex- port Development Authori- ty Act, 1972 (13 of 1972).

"(5) Every regulation 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 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 modification or annul- ment shall be without prejudice to the validity of anything previously done under that regulation.".

•66. The Diplomatic Relation (Vienna Convention) Act, 1972 (43 of 1972).

In section 10, after the words "The Central Government may¹', the words ", by notification in the Official Gazette," shall be inserted.

For section 17, the following section •67.

shall be substituted, namely: —

The General Insurance Business (Nationalisation), (Act of 1972 (57 of 1972).

Laying of Schemes and notifications before Parliament.

"17. Every scheme framed under sub-section (/) of section 16 and ever notifications issued under sub-section (3) of that section shall

be laid, as soon as may be after It is framed or issued, before each House of Parliament, while- it is in session, ior 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 cr the successive sessions aforesaid, both Houses agree in mnking any modification in the scheme or notification or both Houses agree that the scheme or notification should not be framed or issued, the scheme or notifi- cation 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 scheme or notification.".

68. The Tobacco Board Act, 1975

In section 33, after sub-section (4), the following sub-section shall be In- serted, namely: —

C4 of 1975).

"(5) Every regulation 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 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 modification or annul- ment shall be wilhout prejudice to

the validity of anything previously dcfae under that regulation.".

69.

In section 13, after sub-section (2), the following sub-section shall be in- serted, namely:—

The Prize Chits and Money Circulation Schemes (Ban- ning) Act, 1978 (43 of 1978).

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

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,

JAGANNATH KAUSHAL.

NEW OJOLHI;

The 5th April, 1984.

SUDARSHAN AGABWAL,

Secretary-General.

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