Constitution (33rd amendment) act 1974 : Constitution ( 33rd Amendment) Act, 1974

Preamble

An Act further to amend the Constitution of India

Be it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:-

Section 1. Short title

1. Short title.-This Act may be called the Constitution (Thirty-third Amendment) Act, 1974.

Section 2. Amendment of Article 101

2. Amendment of Article 101.-In Article 101 of the Constitution, in clause (3),-

(1) for sub-clause (b), the following sub-clause shall be substituted, namely:-

"(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be".

(2) the following proviso shall be inserted at the end, namely:-

"Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.".

Section 3. Amendment of Article 190

3. Amendment of Article 190.-In Article 190 of the Constitution, in clause (3),-

(1) for sub-clause (b), the following sub-clause shall be substituted, namely:-

"(b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be,";

(2) the following proviso shall be inserted at the end, namely:-

"Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.".