পাতা:বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড).pdf/২১৪

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বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্রঃ প্রথম খণ্ড
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91. Power of the Central Legislature to legislate for one or more Provinces by consent and adoption of such legislation by any other Province.

 If it appears to the Legislature or Legislatures of one or more Provinces to be desirable that any of the matters with respect to which the Central Legislature has no power to make laws for the Province or Provinces, except legislation in respect to any matter in the Provincial List in case of proclamation of emergency, should be regulated in such Province or Provinces by Central Legislature, by law, and a resolution or resolutions to that effect is or are passed by the Legislature of the Province or of each of the Provinces it should be lawful for the Central Legislature to pass an Act for regulating that matter accordingly, and any Act so passed should apply to such Province or Provinces and to any other Province by which it is adopted afterwards by resolution passed in that behalf by the Legislature of that Province.

92. Repeal of the Laws made by the Centre

 Any Act passed under the preceding paragraph by the Central Legislature may be amended or repealed by an Act of the Central Legislature passed or adopted in like manner but should not, as respects any Province to which it applies, be amended or repealed by an Act of the Legislature of that Province.

93. Inconsistency between Laws made by the Central Legislature and Laws made by the Provincial Legislatures

 Provision should be made for the Federal Laws to prevail over the Provincial Laws in the case of a conflict.

94. Power to declare a Provincial Law ultra vires

 The Head of the State should not possess powers to declare a Provincial Law ultra vires. The Federal Court alone should be given this power under the Constitution.

95. Delegation of Powers

 Provision should be made authorizing the Centre to delegate its powers to a Province or some officer thereof, with the consent of that Province.

 Provision should also be made authorizing the Centre to take legislative or executive action at the request of more than one Province with regard to matters that are in the Provincial List.

 Notwithstanding anything in this list of recommendations the Head of the State may, with the consent of the Government of a Province or the Ruler of a Federal State, entrust either conditionally or unconditionally to that Government or Ruler, or to their respective officers, functions in relation to any matter to which the executive authority of the Federation extends.

 An Act of the Central Legislature may, notwithstanding that relates to a matter with respect to which a Provincial Legislature has no power to make laws, confer powers and impose duties or authorize the conferring of powers and the imposition of duties upon a Province or officers and authorities thereof.

 An Act of the Central Legislature which extends to a Federal State may confer powers and