ANNEXURE-A

IMMEDIATE

No. 17/23/72-Judl.

Government of India/Bharat Sarkar.

Ministry of Home Affairs/Grih Mantralaya

New Delhi, the 3rd August, 1972

To

The Chief Secretaries to all State

Governments (Except Jammu and Kashmir)

Subject: Procedure to be followed in processing State Legislation requiring references to Central Government:

Sir,

It is observed that in spite of clear advice given from time to time regarding procedure to be followed for processing State Legislation which requires references to the Central Government, the State Governments have quite some times not kept the advice in view while sending legislative proposals to the Government of India with the result that serious difficulties have been experienced on occasions in timely and satisfactory processing of the State Government’s Legislative proposals at the Centre. The procedure prescribed is, therefore, summarised once again as follows:-

(I). Prior approval of the Government of India

i Legislation relatable to entries in the Concurrent List in the Seventh Schedule of the Constitution.

ii Bills attracting the provisions of Articles[31(2)], 31-A(I) and 31-C of the Constitution that have to be submitted to the President for his assent under Article ⁵²[31(3)] the proviso to Article 31-A(I) and the proviso 31-C respectively.

iii Bills on land reforms.

The Government India should be :-

(a) consulted, whenever possible in regard to official Bills before they are introduced in the State legislature.

(b) supplied with copies of non-official Bills, which are likely to go forward, at a convenient stage after their introduction in the State Legislature.

(c) informed, if time permits of all important amendments to such non-official Bills.

(d) informed about any difficulties encountered in the working of laws falling within the Concurrent List of the laws attracting the provisions of Articles[31(2)], 31-A(I) and 31-C of the Constitution, or of laws on land reforms.

(e) supplied with at least six copies of all Bills, with the Statement of objects and reasons therefor. (In case the proposed legislation is an amending Bill, six uptodate copies of the principal Act, Notes on clauses of the proposed legislation and a comparative statement showing each relevant clause as it exists, and as it would read after the proposed amendment may also please be forwarded).

(f) given at least a fortnight from the date of receipt of the Bills at the Centre for the examination by the Deptts. of the Central Government.

The procedure set out above, which is based on conventions need not be taken as restricting the discretion of the State Government to take independent action should they consider the need for such action so urgent that prior consultation is not possible. Although it is not obligatory to have prior consultation with the Central Government yet prior concurrence of the Central Government would ensure that their are no complications subsequently when the Bills are sent for obtaining the assent of the President.

When Bills are referred for approval, the comments of the Government of India should invariably be awaited before the Bills are introduced in the State Legislature.

(II) Previous sanction of the President for introduction of legislation for introduction of legislation in State Legislature imposing restrictions on the freedom of trade and commerce under proviso to article 304(b) of the Constitution.

Proposals for legislation to be introduced in the State Legislatures should be addressed to the Ministry of Industrial Development (Department of Internal Trade) and not either to the Ministry of Home Affairs or to any other Ministry even though the latter may be concerned with particular commodities or callings or trades or professions on which restrictions are sought to be imposed. Such proposals should be sent at least three weeks before the session of the State Legislature is scheduled to commence. The draft Bill should be accompanied by the documents referred to in paragraph 1 (1) above.

(III) Consideration and assent of the President.

Bills reserved for the consideration of the President would be transmitted to this Ministry allowing a reasonable time of not less than a fortnight from the date of receipt of the Bills at the Centre for the examination of their provisions. The extent of repugnancy to existing Central laws on the subjects enumerated in the Concurrent List should be clearly explained in the forwarding letter in the case of legislation attracting the provisions of Art. 254(2) of the Constitution. Similarly, in the case of legislation which is reserved for the consideration of the President for some other reasons, the specific ground on which it is so reserved should be clearly brought out in the State Government’s forwarding letter and the relevant provisions of the Constitution should be specifically quoted. The following documents should be forwarded along with such legislative proposals:-

(i) three authentic copies of the Bill, printed on parchment paper, each endorsed by the Governor reserving the Bill for the consideration of the President, and leaving sufficient space below the Governor’s signature for appropriate endorsement by the President.

(ii) Six other copies of the Bill as passed by the State Legislature.

(iii) Six copies of the Bill as introduced with the State of Objects and Reasons therefore.

(iv) The report of the Select Committee of the State Legislature, if any, along with three copies of the Bill as approved by the Committee.

(v) In case the legislation is an amending Bill six up to-date copies of the Principal Act, Notes on clauses of the proposed legislation and a comparative statement showing each relevant clause as it exists, and as it would read after the proposed amendment, may also be sent.

(IV) Ordinances regarding the previous introductions of the President under the proviso to article 213(1) of the Constitution.

All legislative proposals, which are to be enacted by means of an Ordinance and which require the previous instructions of the President under the proviso to article 213(1) of the Constitution, should be forwarded to this Ministry, allowing sufficient time, say a fortnight, for their examination. Six copies of the draft Ordinance, accompanied by other relevant documents mentioned above, should be forwarded. The forwarding letter should explain the necessity for the promulgation of the Ordinance, the object sought to be achieved by the proposed legislation and the specific ground on which it is considered necessary to obtain the President’s instructions for the promulgation of the Ordinance. The relevant Articles of the Constitution which render such approval necessary should also be quoted.

2. It is requested that the Procedure mentioned above may please brought to the notice of all concerned, so that it is properly followed to ensured smooth and satisfactory examination of the State Government’s legislative proposals. A certificate in the enclosed proforma duly signed by the officer concerned may please be sent invariably with every such proposal to ensure that the various documents required in connection with the examination of the proposal at the Centre have correctly been attached.

3. It is requested that receipt of this letter may please be acknowledged.

Yours faithfully,

Sd/-

(B.SHUKLA) DEPUTY SECY. TO THE GOVT. OF INDIA

___________

PROFORMA

I Certificate in the case of Bill/Ordinance sent for approval and Bill sent for previous sanction of the President.

Subject:

Certified that the following document in connection with the above mentioned legislative proposal have been attached herewith:-

1. Six copies of the letter of State Government forwarding the proposed draft legislation.

2. Six copies of the proposed legislation together with an equal number of copies of the statement of objects and reasons for it.

3. The proposed legislation is an amending one. Six up to-date copies of the Principal Act. Notes on clauses of the proposed legislation and a comparative statement showing each relevant clause as it exists and as it would read after the proposed amendment are also therefor attached.

 

Signature.........................

II Certificate in the case of Bill sent for obtaining assent of the President.

Subject:

Certified that the following documents in connection with the above mentioned legislative proposal have been attached herewith:-

1. Six copies of the letter of the State Government forwarding the proposed legislation.

2. Three authentic copies of the legislation printed on parchment paper, each endorsed by the Governor reserving the legislation for the consideration of the President and leaving sufficient space below the Governor’s signature for appropriate endorsement by the President.

3. Six other copies of the Bill as passed by the State Legislature.

4. Six copies of the Bill as introduced with the Statement of objections and Reasons therefore.

5. The report of the select Committee, if any, along with three copies of the Bill as revised by that Committee.

6. The Legislation is an amending one. Six up to date copies of the Principal Act. Notes bon the clauses of the proposed legislation and a comparative statement showing each relevant clause as it exists, and as it would read after the proposed amendment, are also therefore attached.

Signature

Note: 1. Please give long title of the Legislative proposal.

2. The certificate would be signed by the officer under whose signature the proposal is sent.