Act 037 of 2009 : Jharkhand Contingency Fund (Amendment) Act, 2009

Preamble

Jharkhand Contingency Fund (Amendment) Act, 20091

[Act 37 of 2009][22nd December, 2009]

An Act to amend the Jharkhand Contingency Fund Act, 2001

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

1 Received the assent of the President on 22-12-2009 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 23-12-2009, pp. 1-2, No. 45.

SOR Statement of Objects and Reasons

Prefatory Note-Statement of Objects and Reasons.-Consequent on the Proclamation issued under Article 356 of the Constitution of India, President's Rule was enforced in the State of Jharkhand with effect from the 19th January, 2009. The President's Rule was extended by six months with effect from the 19th July, 2009 to 18th January, 2010. Accordingly, the powers of the Legislature of the State of Jharkhand are exercisable by or under the authority of Parliament.

2. As per Chapter II, Section 4 of the Jharkhand Contingency Fund Act, 2001 (Jharkhand Act 9 of 2001), a sum of Rupees One hundred and fifty crore shall be made available in the Contingency Fund of the State. As the State was facing a severe drought, the State Government required additional funds for providing relief in the drought affected areas. These additional requirements could not be met from the existing budgetary provisions for 2009-10. The total requirements exceeded the corpus of Rupees One hundred and fifty crore available in the Contingency Fund of the State.

3. Since the Parliament was not in session and circumstances existed which rendered it necessary for temporary enhancement of the ceiling of the Jharkhand Contingency Fund from Rupees One hundred and fifty crore to Rupees Five hundred crore for the Financial Year 2009-10 to carry out drought relief work in the State, the Cabinet had recommended to the President to promulgate an Ordinance in this regard on the 15th October, 2009. Hence, the President promulgated the Jharkhand Contingency Fund (Amendment) Ordinance, 2009 (Ordinance 7 of 2009) on the 20th October, 2009.

4. The Bill seeks to replace the Jharkhand Contingency Fund (Amendment) Ordinance, 2009.

Section 1. Short title and commencement

1. Short title and commencement.-(1) This Act may be called the Jharkhand Contingency Fund (Amendment) Act, 2009.

(2) It shall be deemed to have come into force on the 20th day of October, 2009.

Section 2. Amendment of Section 4 of Jharkhand Act 9 of 2001

2. Amendment of Section 4 of Jharkhand Act 9 of 2001.-In Section 4 of the Jharkhand Contingency Fund Act, 2001 (hereinafter referred to as the principal Act), the following proviso shall be inserted, namely :-

‘Provided that during the period beginning on the date of commencement of the Jharkhand Contingency Fund (Amendment) Act, 2009 and ending on the 31st day of March, 2010, this section shall have effect subject to the modification that for the words "one hundred and fifty crore rupees", the words "five hundred crore rupees" shall be substituted.’.

Section 3. Repeal and saving

3. Repeal and saving.-(1) The Jharkhand Contingency Fund (Amendment) Ordinance, 2009 (Ordinance 7 of 2009) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.