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 to article 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); and
(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 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 Performa 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 Objects 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 on 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 should be signed by the
officer under whose signature the proposal
is sent.
.
Article 31 Rep. by the Constitution
(Forty-forth Amendment) Act, 1978 (w.e.f.
20.6.1979).
.
Article 31 Rep. by the Constitution
(Forty-forth Amendment) Act, 1978 (w.e.f.
20.6.1979).
