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Rajya Sabha
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204. Committee on Subordinate Legislation

There shall be a Committee on Subordinate Legislation to scrutinize and report to the Council whether the powers to make rules, regulations, bye-laws, schemes or other statutory instruments conferred by the Constitution or delegated by Parliament have been properly exercised within such conferment or delegation, as the case may be.

205. Constitution

(1) The Committee shall consist of fifteen members who shall be nominated by the Chairman.

(2) The Committee nominated under sub-rule (1) shall hold office until a new Committee is nominated.

(3) Casual vacancies in the Committee shall be filled by the Chairman.

206. Chairman of Committee

(1) The Chairman of the Committee shall be appointed by the Chairman from amongst the members of the Committee:

Provided that if the Deputy Chairman is a member of the Committee, he shall be appointed Chairman of the Committee.

(2) If the Chairman of the Committee is for any reason unable to act, the Chairman may similarly appoint another Chairman of the Committee in his place.

(3) It the Chairman of the Committee is absent from any meeting, the Committee shall choose another member to act as Chairman of the Committee for that meeting.

207. Quorum

(1) In order to constitute a meeting of the Committee, the quorum shall be five.

(2) The Chairman of the Committee shall not vote in the first instance but in the case of an equality of votes on any matter, he shall have, and exercise, a casting vote.

208. Power to take evidence or call for papers, records or documents

(1) The Committee shall have power to require the attendance of persons or the production of papers or records, if such a course is considered necessary for the discharge of its duties:

Provided that Government may decline to produce a document on the ground that its disclosure would be prejudicial to the safety or interest of the State.

(2) Subject to the provisions of this rule, a witness may be summoned by an order signed by the Secretary General and shall produce such documents as are required for the use of the Committee.

(3) It shall be in the discretion of the Committee to treat any evidence tendered before it as secret or confidential.

209. Functions

After each rule, regulation, bye-law, scheme or other statutory instrument (hereinafter referred to as the `order') framed in pursuance of the Constitution or the legislative functions delegated by Parliament to a subordinate authority and which is required to be laid before Parliament, is so laid before the Council, the Committee shall, in particular consider-

(i) whether the order is in accord with the provisions of the Constitution or the Act pursuant to which it is made;

(ii) whether the order contains matter which in the opinion of the Committee should more properly be dealt with in an Act of Parliament;

(iii) whether the order contains imposition of taxation;

(iv) whether the order directly or indirectly bars the jurisdiction of the court;

(v) whether the order gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power;

(vi) whether the order involves expenditure from the Consolidated Fund of India or the public revenues;

(vii) whether the order appears to make some unusual or unexpected use of the power conferred by the Constitution or the Act pursuant to which it is made;

(viii) whether there appears to have been unjustifiable delay in its

publication or laying the order before Parliament;

(ix) whether for any reason the form or purport of the order calls for any elucidation.

210. Report

(1) If the Committee is of opinion that any order should be annulled wholly or in part, or should be amended in any respect, it shall report that opinion and the grounds thereof to the Council.

(2) If the Committee is of opinion that any other matter relating to any order should be brought to the notice of the Council, it may report that opinion and matter to the Council.

211. Presentation of report

The report of the Committee shall be presented to the Council by the Chairman of the Committee or, in his absence, by any member of the Committee.

212. Regulation of procedure

The Committee shall determine its own procedure in connection with all matters connected with the consideration of any question of subordinate legislation in the Committee.



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