(1) When a Bill has been passed by both the Houses of Legislature, it shall be examined in the Department of Parliamentary Affairs and Legislation and shall be forwarded to the Governor with a report of the Secretary. 4[3[1[Department of Parliamentary Affairs]3 and Legislation]1]4 as to the reasons, if any, why the Governor may declare his assent to the bill or why the Governor shall reserve the Bill for the Consideration of the President of India.]2
(2) Where the Governor directs that the Bill should be reserved for the consideration of the President or returns it to the 35 Legislature with a message necessary action in that behalf shall be taken by the 4[3[1[Department of Parliamentary Affairs]3 and Legislation]1]4 in consultation with the Administrative Department concerned.
1. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD dt: 24.1.1996
2. Substituted by Notification No: DCA 11 ARB 2010, dt. 23.6.2011 KGD dt:
23.6.2011
3. Substituted by Notification No: DPAR 07 ARB 2017, dt.25.09.2018. KGD EX.
dt:25.09.2018
4. Substituted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX.
dt:21.11.2019.
(3) In the case of a Bill attracting the provisions of clause
(2) of Article 254 of the Constitution of India, the extent of repugnancy to the existing Central laws on the subject enumerated in the Concurrent List and in cases where the Bill is reserved for the consideration of the President for some other reason the specific ground on which the Bill is reserved for the consideration of the President by quoting specifically the relevant provisions of the Constitution and also whether the said Bill had been sent earlier for the approval of the Central Government prior to its introduction in the State Legislature and if so, which of the suggestions or observations made by the Ministry of Home Affairs in regard to the said Bill have been incorporated with or without modifications as also which of the suggestions or observations have not been carried out with reasons there for shall be clearly mentioned in the letter addressed to the Government of India for obtaining the assent of the President.
Similar action shall be taken in respect of other legislative proposals e.g., when a Bill is sent for replacing an ordinance for which previous instructions of the President had been obtained earlier. Six copies of the letter addressed to the Government of India, 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 six other copies of the Bill as passed by the State 36 Legislature, six copies of the Bill as introduced with the statement of Objects and Reasons there for, the report of the Select Committee of the State Legislature, if any, along with three copies of the Bill as approved by that committee and 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 and a certificate in the form given below shall also be sent to the Government of India along with the letter addressed to the Government of India for obtaining assent of the President.
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 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 or Joint Select Committee, if any, along with three copies of the Bill as revised by that Committee, 37
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.
(4) After obtaining the assent of the Governor or the President, as the case may be. the 3[1[ 2[Department of Parliamentary Affairs]2 and Legislation]1]3 shall take steps for the publication of the Bill in the Official Gazette as an Act of the Legislature.
1[(4A) In case assent of the President is obtained a copy of the same shall be communicated to the Governor and the Legislature after publication in the official Gazette.
(4B) If assent to the Bill is withheld under Article 201 of the Constitution by the President, the same shall be intimated to the Governor, the Legislature and the concerned Administrative Department.
(4C) Whenever the Cabinet decides to withdraw a Bill pending before the Governor or the President for valid reasons the same shall also be informed to the Governor and the State Legislature after it is so withdrawn.]1
3. Inserted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX. dt:
21.11.2019 38
61. 1[(1)]1 Whenever it is proposed in any Department other than the 6[5[2[Department of Parliamentary Affairs]2 and Legislation]5]6
(i) to issue a statutory rule, notification, or order, or
(ii) to sanction under a statutory power the issue of any rule, bye-law, notification or order by a subordinate authority, or
(iii) to submit to the Central Government any draft, statutory rule, notification or order for issue by them; the draft shall, unless it is of a routine nature or unless similar drafts have already been accepted by the 6[5[2[Department of Parliamentary Affairs]2 and Legislation]5]6 be referred to that Department for opinion and for revision where necessary.
3[(2) In respect of cases referred to the Department of Parliamentary Affairs and Legislation under sub-rule (1) the Administrative Department 4[after bringing it to the notice of concerned Minister]4 shall take action in accordance with the legal advice of the Department of Parliamentary Affairs and Legislation.
But the Administrative Department may refer a case to the Department of Parliamentary Affairs and Legislation for reconsideration of its opinion in the light of the new points brought to notice.]3 4[(3) Whenever any Administrative Department issues notification to bring the provisions of any Act into force or any notification containing rules or amendment to any existing rules, ten Gazette copies of the same shall invariably be sent to the Department of Parliamentary Affairs and Legislation.
(4) Whenever it is required under any Act that any rule, order, notification issued shall be laid before each House of the Legislature such rule, order, notification issued shall be laid 39 before each House of the State Legislature under intimation to the Department of Parliamentary Affairs and Legislation.] 4
1. Renumbered by Notification No. DCA 1 ARB 96, dt.22.1.96 KGD EX. dt.
24.1.1996
2. Substituted by Notification No: DCA 1 ARB 96, dt. 22.1.96 KGD EX. dt:
24.1.1996
3. Inserted by Notification No. DCA 1 ARB 96, dt:22.1.1996 KGD Ex. dt.
24.1.1996
4. Inserted by Notification No. DCA 4 ARB 2011, dt:16.09.2014. KGD Ex. dt.
16.09.2014
5. Substituted by Notification No: DPAR 07 ARB 2017, dt.25.09.2018. KGD Ex.
dt: 25.09.2018
6. Substituted by Notification No: DPAR 15 ARB 2018, dt.21.11.2019 KGD EX.
dt: 21.11.2019.
3[2[1[D.D. Department of Law]1]2]3