PART VI
213. Power of Governnor to promulgate Ordinances during recess of
Legislature.-THE STATES Chapter IV.-Legislative Power of the Governor (1) If at any time, except when the Legislative Assembly
of a State is in session, or where there is a Legislative Council in a
State, except when both Houses of the Legislature are in session, the
Governor is satisfied that circumstances exist which render it
necessary for him to take immediate action, he may promulgate such
Ordinances as the circumstances appear to him to require: Provided that the Governor shall not, without instructions from the
President, promulgate any such Ordinance if- (a) a Bill containing the same provisions would under this
Constitution have required the previous sanction of the President for
the introduction thereof into the Legislature; or (b) he would have deemed it necessary to reserve a Bill containing the
same provisions for the consideration of the President; or (c) an Act of the Legislature of the State containing the same
provisions would under this Constitution have been invalid unless,
having been reserved for the consideration of the President, it had
received the assent of the President. (2) An Ordinance promulgated under this article shall have the same
force and effect as an Act of the Legislature of the State assented to
by the Governor, but every such Ordinance- (a) shall be laid before the Legislative Assembly of the State, or
where there is a Legislative Council in the State, before both the
Houses, and shall cease to operate at the expiration of six weeks from
the reassembly of the Legislature, or if before the expiration of that
period a resolution disapproving it is passed by the Legislative
Assembly and agreed to by the Legislative Council, if any, upon the
passing of the resolution or, as the case may be, on the resolution
being agreed to by the Council; and (b) may be withdrawn at any time by the Governor. Explanation.- Where the Houses of the Legislature of a State having a
Legislative Council are summoned to reassemble on different dates, the
period of six weeks shall be reckoned from the later of those dates
for the purposes of this clause. (3) If and so far as an Ordinance under this article makes any
provision which would not be valid if enacted in an Act of the
Legislature of the State assented to by the Governor, it shall be
void: Provided that, for the purposes of the provisions of this Constitution
relating to the effect of an Act of the Legislature of a State which
is repugnant to an Act of Parliament or an existing law with respect
to a matter enumerated in the Concurrent List, an Ordinance
promulgated under this article in pursuance of instructions from the
President shall be deemed to be an Act of the Legislature of the State
which has been reserved for the consideration of the President and
assented to by him. _150* * * *
|