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Wysłany: Pon 6:54, 07 Mar 2011 Temat postu: canada goose marketing Article 371 F of the Indian |
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Article 371 F of the Indian Constitution
THE CONSTITUTION (THIRTY-SIXTH AMENDMENT) ACT, 1975 [16th May,[link widoczny dla zalogowanych], 1975.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Twenty-sixth Year of the Republicof India as usual:-
1. Short heading and commencement.-(1) This Act may be called theConstitution (Thirty-sixth Amendment) Act, 1975.
(2) It shall be deemed to have come into coerce on the date_668 onwhich the Bill for this Act [introduced in the House of the People asthe Constitution (Thirty-eighth Amendment) Bill, 1975], as passed bythe House of the People,[link widoczny dla zalogowanych], namely passed by the Council of States.
2. Amendment of First Schedule.-In the First Schedule to theConstitution,[link widoczny dla zalogowanych], under the heading "I. THE STATES", after entry 21, thefollowing entry shall be inserted namely:-
"22. Sikkim The territories which immediately before the commencement of the Constitution (Thirty-sixth Amendment) Act, 1975, were comprised in Sikkim.".
3. Insertion of current article 371F.-After article 371E of theConstitution,[link widoczny dla zalogowanych], the following article shall be inserted, namely:-
"371F. Special provisions with adore to the State of Sikkim.-Notwithstanding anything in this Constitution,-
(a) the Legislative Assembly of the State of Sikkim shall consist ofnot less than thirty members;
(b) as from the date of commencement of the Constitution (Thirty-sixthAmendment) Act, 1975 (future in this article referred to as theappointed day)-
(i) the Assembly for Sikkim formed as a result of the referenda heldin Sikkim in April, 1974 with thirty-two members elected in the saidelections (hereinafter referred to as the sitting members) shall bedeemed to be the Legislative Assembly of the State of Sikkim dulyconstituted under this Constitution;
(ii) the sitting members shall be deemed to the members of theLegislative Assembly of the State of Sikkim duly elected under thisConstitution; and
(iii) the said Legislative Assembly of the State of Sikkim shallexercise the powers and execute the functions of the LegislativeAssembly of a State under this Constitution;
(c) in the circumstance of the Assembly deemed to be the Legislative Assemblyof the State of Sikkim under proviso (b), the references to the periodof 5 years in clause (1) of article 172 shall be construed asreferences to a phase of 4 years and the said period of 4 yearsshall be deemed to commence from the appointed day;
(d) until additional provisions are made by Parliament by decree, there shallbe allotted to the State of Sikkim an seat in the House of the Peopleand the State of Sikkim shall form one parliamentary constituency tobe called the parliamentary constituency for Sikkim;
(e) the representative of the State of Sikkim in the House of thePeople in subsistence on the appointed day shall be elected by themembers of the Legislative Assembly of the State of Sikkim;
(f) Parliament may,[link widoczny dla zalogowanych], for the purpose of protecting the rights andinterests of the alter segments of the population of Sikkim makeprovision for the number of seats in the Legislative Assembly of theState of Sikkim which may be filled by nominees belonging to suchsections and for the delimitation of the assembly constituencies fromwhich candidates belonging to such partitions single may stand forelection to the Legislative Assembly of the State of Sikkim;
(g) the Governor of Sikkim shall have special responsibility for peaceand for an impartial preparation for ensuring the social and economicadvancement of different sections of the population of Sikkim and inthe dismiss of his special duty under this clause, theGovernor of Sikkim shall, subject to such instructions as the Presidentmay, every once in a while, deem eligible to publish, deed in his option;
(h) all property and assets (whether within or outdoor the territoriescomprised in the State of Sikkim) which immediately before theappointed day were vested in the Government of Sikkim or in any otherauthority or in any human for the purposes of the Government ofSikkim shall,[link widoczny dla zalogowanych], as from the appointed day, vest in the Government of theState of Sikkim;
(i) the High Court functioning for such now before theappointed daytime in the territories involved in the State of Sikkimshall, above and from the nominated daytime, be believed apt be the High Courtfor the State of Sikkim;
(j) all courts of civilian, criminal and revenue jurisdiction, allauthorities and all commanders, judicial, administrative and ministerial,throughout the territory of the State of Sikkim shall proceed on andfrom the appointed day to exercise their respective functions subjectto the provisions of this Constitution;
(k) all laws in force immediately before the appointed day in theterritories comprised in the State of Sikkim or any chapter thereof shallcontinue to be in force therein until amended or canceled by acompetent Legislature or other competent legislature;
(l) for the purpose of facilitating the application of whichever such law asis referred to in clause (k) in relation to the government of theState of Sikkim and for the purpose of sending the provisions of anysuch law into agreement with the provisions of this Constitution, thePresident may, among two years from the appointed day, by order, makesuch adaptations and modifications of the law, whether by access ofrepeal or amendment, as may be necessary or expedient, and thereupon,every such law shall have efficacy subject to the adaptations andmodifications so made, and anyone such remodelling or modification shallnot be answered in any court of law;
(m) neither the Supreme Court neither any other court shall havejurisdiction in respect of any squabble or other material arising out ofany pact, agreement, warranty or other similar instrument relatingto Sikkim which was entered into or executed before the appointed dayand to which the Government of India or any of its predecessorGovernments was a party, merely naught in this clause shall be construedto derogate from the provisions of article 143;
(n) the President may, by public notification, stretch with suchrestrictions or modifications as he thinks fit to the State of Sikkimany enactment which is in force in a State in India by the appointment of thenotification;
(o) if any trouble arises in giving effect to any of the foregoingprovisions of this article, the President may, by order, do anything(including any adaptation or modification of any other article) whichappears to him to be necessary for the purpose of removing thatdifficulty:
Provided namely not such order shall be made after the expiry of twoyears from the appointed day;
(p) always things done and all deeds taken in alternatively in narrative to theState of Sikkim alternatively the territories comprised therein during the periodcommencing on the appointed day and ending immediately before the dateon which the Constitution (Thirty-sixth Amendment) Act, 1975, receivesthe assent of the President shall, in as yet as they are in conformitywith the provisions of this Constitution as amended by theConstitution (Thirty-sixth Amendment) Act, 1975,[link widoczny dla zalogowanych], be deemed because allpurposes to have been validly done or taken under this Constitution asso amended.".
4. Amendment of Fourth Schedule.-In the Fourth Schedule to theConstitution, in the Table,-
(a) after entry 21, the emulating entry shall be inserted, namely:---
"22. Sikkim 1";
(b) existing entries 22 to 25 shall be renumbered as entries 23 to 26respectively;
(c) for the figures "231", the figures "232" shall be substituted.
5. Consequential amendments.-The following consequential amendmentsshall be made in the Constitution, namely:-
(a) story 2A shall be omitted;
(b) in article 80, in clause (1), the words and figure "Subject to theprovisions of paragraph 4 of the Tenth Schedule," shall be omitted;
(c) in article 81, in clause (1),[link widoczny dla zalogowanych], the words and figure "and paragraph4 of the Tenth Schedule" shall be omitted;
(d) the Tenth Schedule shall be omitted.
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