Search Results on rules for query: "The Rules of Business of the Government of Pondicherry, 1963"
Related Section(s)1[21. Inconsistency between laws made by Parliament and laws made by Legislative
Assembly.--If any provision of a law made by the Legislative Assembly of
2[the Union territory] with
respect to any matter enumerated in the State List in the Seventh Schedule to the Constitution is
repugnant to any provision of alaw made by Parliament with respect to that matter, whether passed before
or after the law made by the Legislative Assembly of the Union territory, or, if any provision of a law
made by the Legislative Assembly of 2[the Union territory] with respect to any matter enumerated in the
Concurrent List in the Seventh Schedule to the Constitution is repugnant to any provision of any earlier
law, other than a law made by the Legislative Assembly of the Union territory, with respect to that matter,
then, in either case, the law made by Parliament, or, as the case may be, such earlier law shall prevail and
the law made by the Legislative Assembly of the Union territory shall, to the extent of the
repugnancy, be void:
Provided that if such law made by the Legislative Assembly of the Union territory has been reserved for the consideration of the President and has received his assent, such law shall prevail in that Union territory: Provided further that nothing in this section shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly of the Union territory.]
1. Subs. by Act 29 of 1975, s. 4, for section 21 (w.e.f. 15-8-1975)
2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987). (1) The Legislative Assembly of 1[the Union territory] may make rules for
regulating, subject to the provisions of this Act, its procedure and the conduct of its business:
Provided that the Administrator shall, after consultation with the Speaker of the Legislative Assembly and with the approval of the President, make rules-- (a) for securing the timely completion of financial business; (b) for regulating the procedure of, and the conduct of business in, the Legislative Assembly in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the Union territory; (c) for prohibiting the discussion of, or the asking of questions on, any matter which affects the discharge of the functions of the Administrator in so far as he is required by this Act to act in his discretion. (2) Until rules are made under sub-section (1), the rules of procedure and standing orders with respect to the Legislative Assembly of the State of Uttar Pradesh in force immediately before the commencement of this Act in 2[the Union territory] shall have effect in relation to the Legislative Assembly of that Union territory subject to such modifications and adaptations as may be made therein by the Administrator: 3* * * * *
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
2. Subs. by s. 65, ibid., for "any Union territory" (w.e.f. 30-5-1987) 3. The proviso omitted by Act 69 of 1986, s. 44 (w.e.f. 20-2-1987) (1) There shall be a Council of Ministers in each Union territory with the
Chief Minister at the head to aid and advise the Administrator in the exercise of his functions in relation
to matters with respect to which the Legislative Assembly of the Union territory has power to make laws
except in so far as he is required by or under this Act to act in his discretion or by or under any law to
exercise any judicial or quasi-judicial functions:
Provided that, in case of difference of opinion between the Administrator and his Ministers on any matter, the Administrator shall refer it to the President for decision and act according to the decision given thereon by the President, and pending such decision it shall be competent for the Administrator in any case where the matter is in his opinion so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary: 1* **** 2***** (3) If and in so far as any special responsibility of the Administrator is involved under this Act, he shall, in the exercise of his functions, act in his discretion. (4) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is by or under this Act required to act in his discretion, the decision of the Administrator thereon shall be final. (5) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Administrator thereon shall be final. (6) The question whether any, and if so what, advice was tendered by Ministers to the Administrator shall not be inquired into in any court.
1.The second proviso omitted by Act 34 of 1986, s. 41 (w.e.f. 20-2-1987).
2. Sub-section (2) omitted by Act 69 of 1986, s. 44 (w.e.f. 20-2-1987). (1) The President shall make rules—
(a) for the allocation of business to the Ministers; and (b) for the more convenient transaction of business with the Ministers including the procedure to be adopted in the case of a difference of opinion between the Administrator and the Council of Ministers or a Minister. (2) Save as otherwise provided in this Act, all executive action of the Administrator, whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the name of the Administrator. (3) Orders and other instruments made and executed in the name of the Administrator, shall be authenticated in such manner as may be specified in rules to be made by the Administrator, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Administrator. (1) As from such date as the Central Government
may, by notification in the Official Gazette, appoint in this behalf, all revenues received in 1
[the Union
territory] by the Government of India or the Administrator of the Union territory in relation to any matter
with respect to which the Legislative Assembly of the Union territory has power to make laws, and all
grants made and 2[all loans advanced to the Union territory from the Consolidated Fund of India and all
loans raised by the Government of India or the Administrator of the Union territory upon the security of
the Consolidated Fund of the Union territory] and all moneys received by the Union territory in
repayment of loans shall form one Consolidated Fund to be entitled "the Consolidated Fund of the Union
territory".
(2) No moneys out of the Consolidated Fund of 1[the Union territory] shall be appropriated except in accordance with, and for the purposes and in the manner provided in, this Act. (3) The custody of the Consolidated Fund of 1[the Union territory], the payment of moneys into such Fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the Administrator with the approval of the President.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
2. Subs. by Act 38 of 2001, s. 3, for "all loans advanced to the Union territory from the Consolidated Fund of India" (w.e.f. 10-5-2006). 1[25. Assent to Bills.When a Bill has been passed by the Legislative Assembly of 2[the Union
territory], it shall be presented to the Administrator and the Administrator shall declare either that he
assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration
of the President:
Provided that the Administrator may, as soon as possible after the presentation of the Bill to him for assent, return the Bill if it is not a Money Bill together with a message requesting that the Assembly will reconsider the Bill or any specified provisions thereof, and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the Assembly will reconsider the Bill accordingly, and if the Bill is passed again with or without amendment and presented to the Administrator for assent, the Administrator shall declare either that he assents to the Bill or that he reserves the Bill for the consideration of the President: Provided further that the Administrator shall not assent to, but shall reserve for the consideration of the President, any Bill which, (a) in the opinion of the Administrator would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is, by the Constitution, designed to fill; or (b) relates to any of the matters specified in clause (1) of article 31A; or (c) the President may, by order, direct to be reserved for his consideration; or (d) relates to matters referred to in sub-section (5) or section 7 or section 17 or section 34 or sub-section (6) of section 45 or in entry 1 or entry 2 of the State List in the Seventh Schedule to the Constitution: Provided also that without prejudice to the provisions of the second proviso, the Administrator shall not assent to, but shall reserve for the consideration of the President, any Bill which has been passed by the Legislative Assembly of the Union territory of Mizoram and which relates to any area comprised in any autonomous district in that Union territory under the Sixth Schedule to the Constitution. Explanation.For the purposes of this section and section 25A, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of section 23 or any matter incidental to any of those matters and, in either case, there is endorsed thereon the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.
1. Subs. by Act 83 of 1971, s. 7, for section 25 (w.e.f. 16-2-1972).
2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987). |
