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The All-India Services Regulations (Indemnity) Act, 1975
No.19 OF
1975
[6th
May, 1975]
An Act
to grant indemnity in respect of the failure to lay before
Parliament certain regulations made under the All-India Services
Act, 1951, and for certain other matters connected therewith.
BE it
enacted by Parliament in the Twenty-sixth Year of the Republic of
India as follows:-
Comment: This Act seeks to
protect the government and officials for any omission in laying of
any regulation made before the commencement of this Act under or in
pursuance of any rule made under the All-India Services Act, 1951(61
of 1951) before Parliament.
1.Short
title.- This Act may be called the
All-India Services Regulations (Indemnity) Act, 1975.
2.Indemnity.- The Central
Government and all officers responsible for the laying of any
regulation made before the commencement of this Act under or in
pursuance of any rule made under the All-India Services Act, 1951(61
of 1951), are, and each of them is, hereby freed discharged and
indemnified from and against all consequences, whatsoever, if any,
incurred or to be incurred by them or the Central Government or any
such officer by reason of any omission in this behalf to lay such
regulation before Parliament and every such regulation shall for all
purposes be deemed to have been duly laid before Parliament and
shall have effect and shall be deemed always to have had effect
accordingly.
3.Amendment of
section 3 of Act 61 of 1951.- In section
3 of the All-India Services Act, 1951,-
(i) in
sub-section (1), after the words "including the State of Jammu and
Kashmir", the words "and by notification in the Official Gazette"
shall be inserted;
(ii) for
sub-section (2), the following sub-section shall be substituted,
namely:-
"(2)
Every rule made by the Central Government under this section and
every regulation made under or in pursuance of any such rule, shall
be laid, as soon as may be after such rule or regulation is made,
before each House of Parliament while it is in session for a total
period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in such rule
or regulation should not be made, the rule or regulation shall
thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule or regulation."