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Introduction
I. There shall be a Committee on Subordinate Legislation to scrutinise and report to the Assembly whether the powers to make Regulations, Rules, sub-Rules, bye-Laws etc., conferred by the Constitution or delegated by the Legislature or by the Parliament on the State Government
are being properly exercised within such delegation.
II. At the commencement of the Assembly or from time to time, as the case may be the Speaker shall nominate a Committee on Subordinate Legislation consisting of not more than nine members :
Provided that a Minister shall not be nominated a Member of the Committee and that if a Member, after his nomination to the Committee, is appointed a Minister, he shall cease to be a member of the Committee from the date of such appointment.
III. Each Regulation, Rule, sub-Rule, bye-Law, etc., framed in pursuance of the provisions of the Constitution or the legislative functions delegated by the Parliament to the State Government or by the Legislature to a subordinate authority hereinafter referred to as “Order”, 1[ ] be numbered and published in the Gazette immediately after it is promulgated.
IV. After each such Order referred to in Rule 255 is published in the Gazette, the Committee shall in particular, consider—
(a) whether it is in accord with the general objects of the Constitution or the Act pursuant to which it is made ;
(b) whether it contains matter, which in the opinion of the Committee, should more properly be dealt with in an Act of the Legislature ;
(c) whether it contains imposition of any tax ;
(d) whether it directly or indirectly bars the jurisdiction of the Courts ;
(e) whether it gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power ;
(f) whether it involves expenditure from the Consolidated Fund of the State of Kerala or the public revenues ;
(g) whether it appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made ;
(h) whether there appears to have been unjustifiable delay in its publication or in laying it before the Legislature ; and
(i) whether for any reason its form or purport calls for any elucidation.
V. (1) If the Committee is of opinion that an 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 Assembly.
(2) If the Committee is of opinion that any other matter relating to any order should be brought to the notice of the Assembly, it may report that opinion and matter to the Assembly.
Officers:
Smt. Deepa V., Joint Secretary - 0471-251
Shri. Jayakumar. G, Deputy Secretary - 0471-2512489
Shri Ajithkumar V.O, Under Secretary - 0471-2512425
CONTACT
Phone: 0471- 251 2460
Email: [email protected]