The Jammu And Kashmir State Legislature (Delegation Of Powers) Act, 1992

The Jammu And Kashmir State Legislature (Delegation Of Powers) Act, 1992

[ACT NO. 21 OF 1992]

[16th July, 1992]

An Act to confer on the President the power of the Legislature of the State of Jammu and Kashmir to make laws.

BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:-

 

2. Definition.

In this Act, “Proclamation” means the Proclamation issued on the 18th day of July, 1990, under article 356 of the Constitution by the President, and published with the notification of the Government of India in the Ministry of Home Affairs No.G.S.R.647(e) of the said date.

3. Conferment on the President of the Power of the State Legislature to make laws.

(1) The power of the Legislature of the State of Jammu and Kashmir to make laws, which has been declared by the Proclamation to be exercisable by or under the authority of Parliament, is hereby conferred on the President.

(2) In exercise of the said power, the President may, from time to time, whether Parliament is or is not in session, enact, as a President’s Act, a Bill containing such provisions as he considers necessary:

Provided that before enacting any such Act, the President shall whenever he considers it practicable to do so, consult a Committee constituted for the purposes, consisting of ten members of the House of the People nominated by the Speaker and five members of the Council of States nominated by the Chairman.

(3) Every Act enacted by the President under sub-section (2) shall, as soon as may be after enactment, be laid before each House of parliament.

(4) Either House of parliament may, by resolution passed within thirty days from the date on which the Act has been laid before it under sub-section (3), which period may be comprised in one session or in two successive sessions, direct any modifications to be made in the Act and if the modifications are agreed to by the other House of Parliament during the session in which the Act has been so laid before it or the session succeeding, such modifications shall be given effect to by the President by enacting an amending Act under sub-section (2):

Provided that nothing in this sub-section shall affect the validity of the Act or of any action taken thereunder before it is so amended.

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