Constitution 239B — Power of administrator to promulgate Ordinances during recess of Legislature

The Constitution of India, 1950

Statutory text

(1) If at any time, except when the Legislature of the
Union territory of Puducherry] is in session, the administrator thereof 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 no such Ordinance shall be promulgated by the
administrator except after obtaining instructions from the President in that
behalf:
Provided further that whenever the said Legislature is dissolved, or its
functioning remains suspended on account of any action taken under any such
law as is referred to in clause (1) of article 239A, the administrator shall not
promulgate any Ordinance during the period of such dissolution or suspension.
(2) 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 Union territory which has been duly enacted after complying with the
provisions in that behalf contained in any such law as is referred to in clause (1)
of article 239A, but every such Ordinance—
(a) shall be laid before the Legislature of the Union territory 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 Legislature, upon the passing of the
resolution; and
(b) may be withdrawn at any time by the administrator after
obtaining instructions from the President in that behalf.
(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 Union
territory made after complying with the provisions in that behalf contained in
any such law as is referred to in clause (1) of article 239A, it shall be void.
1(4)

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