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" .~' .. IMITrEE,ON S"tDINATE 'LEGISLA1. _~ .. , t 'r,, .. ,(SE~NTH LoK SABHA) ELEVENTH REPORT , . i I ,(Presented on 19 March, 1982) t \ 1 I :LOIC SADBA SECRETARIAT ) ", ; " NEW DELHI' , . , March,'1¢2/Pllalguna, I903(Saka) Pt*, R.I. 2.85 LIST OF AUTHORISED ,i\OENTS FOR. ~!m SALE or! LOr.:: SABlt\, -' S'ECRETAlUAT PUBLICA'l,;lONS \' ,'./' ANDHRAPRADESH '10. M & .J ,ServlC. Pub~'i\~ nf!presentaUveB.t'I1... ,Jnts ".~. '," '~ t. Andhra' University General CQ- Law BookSelle~' '" operative Stores ,Ltd., Walt4lir" BchriRoad, (VtSakhapatnam). Bombay-IS.' ' ' .. 11. Popular' Book DtTiot, ·8~ .Dr. Bhadkamkar. J;toad. Bo~b~Y-400001. 2. ',Mis. Crown Book· Depot, J Upper ~azarf . mSORE. ltanclli(BJhar)· '! . 12. Ws. Peoples Balk Ho~, OPP. Jaganmohs. palace", GUJ.AB4T Mysore-l, -' J a. 'Vijay \Stores. ·UTrARPRAOESH :,Roact. " J 13. L,aw Boolt Comp.iny. Sardar Patel M4rl, MADHYA PRADESH Allahabad·i. ,.. Modern Bock· HOUle, 14. Law publishers.; ,) Shiv Volu Palace, Sardar Patel Marg. Indore CitT., P.B. No. 77, . A11ahabad-U.P . MAHARASHTRA \ WESt' BENGAL " a. M/..Sunderdss GlanchancS, 15. Granthlloka. 5/1. Amblea Mu:;kherje, I, 801. GirtaUm Road, .. - Maf Princess Street, Bombay-2. Bel$haria, 24·Parganas. t. 1,'he 1.nterna!lonal Boo~ HoU8e Pvt., 9, ~Lane, . " 16. W. Ne..... man & Ccrmp~ 3, Old C'ot:rt House Stree ' Mahatma Gandhi. Road, Calcutta Bomba,... !. ,,-~ , 17. Mrs. 'Manimala, BuYS & S~i\\ '1, The filtematlon.al Book Service, 12&, :Bow Bazar Street, ~}~}, Deccan GymkhaDR. CalcuHa-12. 'i' Poona-4, ( DELHI f The Current, Book House, * .Maruti Lane, llqb~1nath Dadajl 18. Jain', Book Agency.;'i.\ • 'Street, . Cel'lnaught Place, "', Bombay. 1. Ncw Delhi. • t 19. MIs, Sat Narain , So~:::·;;:·'· ,. MIs. U.ha Bookl>ePot, ' 3.141, Mohd. Ali BanI', . 5851 A, Chira Bazar Khan Houne, Girgaum Road, Moti Gate, ....... '. ~ ~) j';~ Bo~bay-2. Dl!lhl . (l)RRIGENDA ro THE ELEVENTH REPORT OF THE CDMMITTEE ON SUEDRDINATELEGISLA- TION (SEVENTH LOK SABHA) (PRESENTED ON . 19 MARCH, 1982) Pare9raph Line- Ebr Read 26 17 evisted existed 44 1 given giving 57. 2 deadlings deadline (1) 83 2 10 october, 1 October, 1977, 1977 « (11)-00- 6 the Department that Depart- ment 88 4 theih their (i) 100 4 iropo rte rs 0 f impo rte rs 0 r (1i) -00- 5 very vary Cblumn No.1 1 not note S. No. 12 (11) 9 7 rather that rat~r than It 2 4-5 oon tatloed, contained 8 4 judjement judgement 19 1 number mernber CONTENTS "ATE PAU· P40. !,. QUI'll No. CowPoaT'lP OF TRB COICWlTJ'BB R'&POaT'''~ 1. Introduction II. Implementation of recommendation contained in paragraph 62 of the Sixth Report ofCommittce on Subordinate Legis- lation (Sixth Lok Sabha) ,,: The All India Service. (Leave Travel Conceaion) Rules, 1975 (G.S.R. 225 of 1975) . 6-23 tIl. The Railway Puscnger. (Cancellation of Tickets and Refund of Fares) Amendment Rule., 1979 (S.O. 3S56 of 1979) 24-21 ~ tV. The Employe~s' State Insurance Corporation (Family Wei- fart' Project) Accounts Rules, 1978 (G.S.R. 1456 of 1978) 28-38 9' v. Implementation of recommendation contained in paragraph 147 of ,th~ EighfFnth Report of the Comrni ttoe on Subordi- nate Legislation (Fifth Lok Sabha) " : The Homoeopathy Central Council Bill, 1973 (As palllCd by Rajya Sabha)- ProvUions regarding Subordinate Legislation {paragraph 12 of Twelfth Report-Fifth Lok Sabha) . 39~ q 'VI. Implementation ofrecommendation contained in par.... aph 58 of the Eighteenth Report afthe Committee on Subordi- nate Legislation (Fifth Lok Sabha) ,,: Non-Exercise of Rule-making power under the Indian Medicine Central Council Act, 1970. 49-S8 VII. Implementation ofrl'commendation contained in paragraph '4 65 of Sixteenth Report of Committee on Subordinate Legialation (Fifth Lok Sabhll) ~ga.rding the Arunachal Pradesh Civil Service. (Class I) Rules, 1974 (G.S.R. 31-E of 1974) 59-69 I 6 VIII. The J~te (Licensing and Control) (ArMndment) Order, 1978 (8.0. 79-E of 1978) 70-73 ,~ ,IX. The Central Reserve Police Force (M~dical Officers Cadre) Amendment Rules, 1978 (G.S.R. 2S1 of 1978) . 74-80 ,-.~ X. Implementation of reconunendation contained in paragraph 34 of the !)e.·ond Report of Commit~ on Subordiaate Legislation (Seventh Lok Sahha)" : The National Buildings Organisation (Hindi OfIicer) (Group 'B') Recruitment Rules, 1977 81-86 XI. The Khadi and Village Industries Cornrniaion {Leave} Rulat, 1977 (G.S.R. 117 of 1978) 87-90 XII. Tho Khadi and Village Industriel Commission (House Building Advances) Regulations, 1977 t G.S.R. 315 of 1978) 91-94 XUI. The Drup (pricet Control) Order, 1979 (S.O. BIO"R of 1979) . • • 95-113 ( i) (ii) AP.ItHDIOU PAGS No. I. Summary of mlin rccommcndations/obv.rvatioDJ made by the Committee. " . • • • • • • 33 n. A copy ofMiniltry of Railways (RaUwayBoarI!) Notiftcatlon No. TGH/1OO3/72/1{Vol II dated 8-8-1980. • • oW nl. A copy of instructions illUed by the Ministry of Labour 41 IV. Minutes ofthe Thirtccnth,Pourtcenth, Twenty-flrat. Twenty- second. Twenty-ninth, Thirty-second, Thirty-rourth, Thirty- fifth, Thirty-sixth, Thirty-JCVenth, and Portieth Siuing. of the Committee. COMPOSITION OF THE COMMITI'EE ON SUBORDINATB LEGISLATION (1981~2) 1. Shri Mool Chand Daga-Chairman 2. Shri M. Ankincedu 3. Sbri Xavier Arabi ·4. Shri N. E. Horo S. Sbri Ashfaq Husain 6. Shri T. V. Chandrashekharappa 7. Shri Eduardo Faleiro 8. Shri M. Kandaswamy 9. Sbri K. Lakkappa 10. Shri Balasabeb Vikhe PatH 11. Shri M. Ramanna Rai 12. Shri Ratansinh Rajda 13. Shri Ashoke Sen 14. Shri Ajit Pratap Singh 15. Shri Chandra Shekhar Singh SECRETARIAT 1. Shri S. D. Kaura-Chief Legislative Committee OtJicer. 2. Shri M. O. Agarwat-SeniDr Legisltitive Committee OfJi«r. ·Nominated w.e.f. 22-2-1982. (iii) REPORT I INTRODUCTION I, the Chairman of the Committee on Subordinate Legislation, having been authorised by the Committee to present the Report on their behalf, present this their Eleventh Report. 2. The matters covered by this Report were considered by the Com· mittee at their sittings held on 5 and 6 JanU'ary, 8 and 9 July, 5 October, 14 December, 1981 and 2, 4, 5 and 23 January, 1982. 3. At their sittings held on 5 October, 19-81 and 2, 4 and 5 January, 1982, the Committee took evidence of the repreGcntatives of (i) the Minis· try Of Labour regarding the Employees' State Insurance Corporation (Family Welfare Project) Accounts Rules. 1978, (ii) the Ministry of Home Affairs regarding the Arunachal Pradesh Civil Service (Class I) Rules, 1974, (iii) the Ministry of Home Affairs (Department of Personnel and Administrative ReforInG) and the Ministry of Law, Justice and Company Affairs (Department of Legal Affairs) regarding the AU India Services (Leave Travel Concession) Rules, 1975 and (iv) the Ministry of Health and Family Welfare (Department of Health) regarding the Indian Medi· cine Central Council Act, 1970 and the Homoeopathy Central Council Act, 1973. The Committee wish to express their thanks to the officers of the Ministrie'3 for appearing before the Committee and furnishing the infor- 'mation desired by them. 4. The Committee considered and adopted this Report at their sitting held on 16 March, 1982. The Minutes of the sittings which form part of the Report are, appended to it. 5. A statement showing the summary of recommendations/observations of the Committee is also appended to the Report (Appendix I). n IMPLEMENTATION OF RECOMMENDATION CONTA,INED IN PARAGRAPH 62 OF THE SIXTH REPORT OF COMMITTEE ON SUBORDINATE LEGISLATION (SIXTH LOK SABHA) RE. TIlE ALL INDIA SERVICES (LEAVB TRAVEL CONCES- SION) RULES. 1975 (G.S.R. 225 OF 1975) 6. RU'le 3 of the All India Services (Leave Travel Concession) Rules, 1975 states as under:- '~ of Leave Travel Conc:~ioD:-The leave travel con· cession of a member of the service shall be regulated in the 2 same manner, and subject to the same conditions, as are applicable to the oflkers of Central Civil Services, Class I." 7. Attention Of the Cabinet Secretariat (Department of Personnel and Administrative Reforms) was drawn to the recommendation made by the Committee on Subordinate Legislation in paragrapbs 12-13 of their Pint , Report (Fourth Lok Sabha) that Rules 'Ghould bf self-contained and legis- lation by reference should be a voided as far as, possible. They were requested to state whether they had any objection to making the abovo Rules self-contained. 8. In their reply, the Cahinet Secretariat (Department of Personnel and Administrative Reforms) stated 86 under:- .......... the matter has been examined carefully in consultation with the Ministry of Law, JUlStice and Company A,ffairi (.Department of Legal Affairs). 'Legislation by reference' can be '8Ssailed mainly on the groWlds: (i) it has resulted in exces- sive )egi"lation by the Subordinate Legislation Authority and (ii) it causes inconvenience to the consumers i.e. people who are frequently required to refer to the legislation. Since in both the cases, it is tbe Centra) Government which issues the orders, there is no question of delegation of the authority. Rule 3 of the All India Services (Leave Travel Concession) Rules, is a very small nile and makes reference to only on.e set of orders, copies of which have been/will be supplied to· the State Governments and the Accountants General, who are frequently required to refer to these orders. 'Further it would not be feasible to make sel'f-contained rules by incorporat~ ing the various in.c;tructions issued from time, to time in reGpect of officers of Central Civil Services Class I. Even if such a set of rules were to be framed, then as and when the exe- cutive instructions are modified, the statutory rules would require to be amended. There would invariably be a time-lag between the date of issue of executive instructions and· the date of the amen~,ent to the statutory rules.
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