THE JAMMU AND KASHMIR STATE LEGISLATURE (DELEGATION OF POWERS) ACT,1992


Published: 1992-07-16

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THE JAMMU AND KASHMIR STATE LEGISLATURE (DELEGATION OF POWERS)

ACT,1992

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:-





1.

Short title.



1.Short title. This Act may be called the Jammu and Kashmir State

Legislature (Delegation of Powers) Act, 1992.



2.

Definition.



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 tomake laws.



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 purpose, 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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