tv the lll ,  jd naturl (~",s cv;,·issili: (":,-e:"u;' £::':t) 111 ll, 1981 ' (ie-l?c[,~s int_r~duced in -l2!<_?j~!\a) 1 p ilge 2, line 16,-read "principal" 'to£ "principle" ~ , rlnnulment" 2 f tlge 2, line 41,-ill " anulment" new 0elhi; ;' februa~ 2~9~1 ph~lgun~-', 1902(s:~krl)  bib no z'f ef 1981 • ud the oil and natural gas commission (ametmment) bill, 1981 a billfurther to amend the oil and natural gas commission act, 1959 be it enacted by parliament in the thirty-second year of the republic of india as follows:-1: 1 this act may be called the oil and natural gas commission short (amendment) act, 1981 tlue 43 of 1959 5 2 in section 5 of the oil and natural gas cm!uililsillll ad, 1959 ameild-(hereinafter referred to as the principal act),-ment ot section g (i) in sub-section (1), for the proviso, the following proviso shall be substituted, namely:- "provide4 that t1te cedtnl govbd- ,-10 (a) terminate the appoinbnent of any whole-time member wh is not a ser\>ailt of the governident, r&er elvin, him notice fot a period of not less than three iiioiltas or in lieu thereof on payment of an abloudt equal to his salary and allowances, if any, for a period· of three montlas; 15 (b) terminate the appoldt- of ~ part tbite mem- ber who is not a servant of the government after givin, him notice for such period as may be prescribed,1 and (c) terminate at any time the appointment of any memo her who is a servant of the government"; (ii) in sub-section (2), after the words "notice in writing", the words, "for such period as may be prescribed," shall be inserted  3 in the proviso to section 15 of the principal act,-amendment of section 15 (i) in clause (a), for the words "any person", the words "any 5 person other than the person referred to in clause (aa)" shall be substituted; (ii) after clause (a), the following clause shall be inserted, namely:-10 "(aa) the employment, whether by fresh appointment, reemployment, extension of service or otherwise, of any person who has attained the age of fifty-eight years to a post, where the pay (including pension and pensionary equivalent of retirement benefits) of the post exceeds 2,500 rupees per mensem or where the minimum of the pay scale of the post, proposed to be given to such person is 2,500 rupees or more per mensem;" 15 4 in section 32 of the principle act,-amendment of section 32 (i) after sub-section (2), the following sub-section shall be ini ·serted,· namely:-20 i ~ ",-, -,'~'") tjte,}toanr to makeregulatiollls ~onferred by thia eetion with re8~t to term's and ~onditions of appointment and service and the scales of pay of employees of the commiasilon shall include power to give retrospective effect from a date not earlier than the comme~ement of the' act, to such regulations ()rany of them but no retrospective '8ftect shall be given to any  such regulation so as to prejudicially affect' the interests of any ~r~ to whom such regulations may be applicable"; (ii) after sub-section (3), the following sub-section shall be inserted, namely:-30 " (4) every regulation made under this section and every notification issued under sub-section (3) of this section shall be laid, as soon as may be after it is made or issued, before each house of parliament, while it is in session, for a total period , of thirty days which may be comprised in one session or in two 35  ,- i " br more successive sessions; and ii, before the expiry of the sessaon immediately !ollownig the session dr 'the aucc~ve sessions aforesaid, ,both·houses agree in making any modification in the, regulation or,nothkation or both houses agree that the regulation' or notification should not be made or issued, the re-~latlori: or notific8tio~ j~hau' tnereafter have ~ect only in such 40 mq~t1ed form or be of no effect, as the case may be; 80, however, that any'sucb modification or anulment shall be, without prejudicetb 'th~' validity of anything previously done under that r~iw4t~on oj', by virtue of that notiftcatiol1   statement of objects and reasonsaccording to section 5 of the oil and natural gas commission act, 1959, the central government can terminate the appointment of any member before the expiry of 'histerljl qfo1ftqe~y after giving him a reasonable opportunity of showing cause against the same the business of oil has intemational repercussions and ·deals: with matteftfwliich are very vital to the interests of the' oountrythe \vgrjdngo~' ~ commiuton has shown that it may be necessary in public' interest· to' terminate the appointment of a mpmberwithdut' giving show'~' notice it is, therefore, proposed to amend the section to enable:~ central government to terminate; the appoinbjlent ~f any :~vhole-~e member who is not a servant of the govemmehtatter giving )lim' a notice of not less than three months or in lieu thereof after making' to ' him a payment of an amount equal to his ~alary and' allowances ,for,  a' period of three months it is also proposed to provide that the appaint-' ment ot any part-time member who is nota servant of the govern~t may be terminated after giving him notice, for such period as' may be, prescribed by rules, and that the appointment of any member who is a servant of the government may be terminated at any time 2 it is proposed to avail of the present opportunity ~o amend section 15 ot the act so as to provide for ~ requirement as to prior saric~aj;l of central government with respect to employment of a person who has attained the age of 58 years to a r;ost where' the pay' (including pension and pensionary equivalent of retirement benefits) exceeds 'rs,', 2,joo per mensem or where the minimum of the pay scale p1'9posed to-be given to such person is rs 2,500 or more this is for bringing' ·tjae~ provision into conformity with the government of india -rules pnu1e t subject ',' :, "'f 3 it is also proposed to amend section 32 of th~ act lrelat~:to 'ute power to make regulations so ~s to enable retrospective effect being given to the regulations the practice has been to make the same terms end conditions, pay scales, etc, which are applicable to employees of the government applicable to the emp10yees of the commission for the purpose of extending the benefit (if ~ny revision in the pay scales or in the allowances payable to employpes of government to employees o'f the commission from the same dat~ from which those benefits have been given to employees of the government, it becomes necessary to make !he regulations on the subject with retrospective effect in accordance with the recommendations of the committee on subordinate legislation, provision is being made for the laying of regulations and it is also proposed to make it clear in the proposed amendment to section 32 that the power to make regulations with retrospective effect will not be exercised so as to prejudicially affect the interests of any person 4 the bill seeks to achieve the above objects new di:rm; the 11th feb",tlry, 1981 p c sethi icleufte 2 ot ~he bill aeeka to amemi section 5 of the oil and natural ca couuwsqm ac\ 1959 to empower the central government to termi-_e ~  qpqiatment 0'1 a mem~even befor-e the expiry of his term at eilce ·atwr ji~ lam abo~e of thpee months or the salary in lieu ~ 2 clause 4 of the bill seeks to amerd section 32 of the act to empower the commission to make regulations with respect to the terms and conditions of appointment and service and scales of pay of its employees  with retrospective eftect 3- '!'hese provisions may entail some additional financial liability on the ftmd of the commission-(i) for payment of three months' salary to a member of the commission in lieu of three months' notice; and (ii) for payment, if any, of the additional amounts payable to the employees under any regulation with respect to their terms and conditions ot service made with retrospective effect , ajj '!he quantum of expenditure on the above account would dllpend upon fhe decisions taken and the number of persons affected fnlll ume to time, it is not possihe at this stage to estimate the addi-udrjal ftnancfal liability on the fund of the commission, if the bill is passed into law , ·th~re wtll be no other r,ecurriog or non-recurring expenditure   memorandum regabmirfg lj)blegated legislation,clause 4 of 'the btll seeks to amend section 32 elf the oil and natural gas commission act, 1959 to empower the commission to make regulations thereunder with respect to the terms and conditions of appointment and service and scales of pay of its employees with retrospeetive effect also such a power is necessary to give effect to decisions for extending 'vtrth retrospective effect benefits to the employees of the commission further it has been made clear that no such regulation can be made so its to take effect from a date earlier than tbe commencement of the said act and so as to prejudicially affect the interest of any person governed by any such regulation this latter safeguard is in accordance with the directions of the committee on subordinate legislation in regard to the service matters of the employees of the central government besides, no such regulation can be made witho'llt the previous approval of the central government further, in accordance with the rec~­mendations of the committee on subordin<lte legislation, prc>visioll is also being made for the laying of regulations before both houses of parliament 2 in these circumstances the de)(·gation of the legislative power is of normal character 5 (1) the term of office and ('onditions of service of the chairman and other members shall be such as may be prescribed: term of ofbee and conditiodl of service of members provided that the central government may, if it thinks fit, terminate the appointment of any member before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same (2) any member may resign hi~ office by giving notice in writtn~ to the central government, and on ~uch resignation being notified in the official gazette by that government, shall be deemed to have vacated his office  | powers    | of    ||-----------|-------|| the       | com-  || miieion  |       |15 the commission may exercise all such powers as may be necessary or expedient for the purpose of carrying out ite functions under this act: provided that before exercising its powers in respect of the following matters, it shall obtain the previous approval of the central government, namely:-(a) the creation of any post, the salary or honorarium of which would either be more than such amount as may be prescribed, or where no such amount has been prescribed, more than rupees two thousand seven hundred and fifty or be on a scale the maximum of which exceeds such amount as may be prescribed or where no such amount has been prescribed, exceeds rupees two thousand seven hundred and fifty, and the appointment of any person to any such post; (b) the implementation of any scheme or proposal which wul involve a capital expenditure exceeding such amount as may be prescribed, or where no such nmount has been prescribed, excee<\ing fifty lakhs of rupees; (c) the disposal of any property, right or privilege the original or book value of which exceeds such amount as may be prescribed, or where no such amount has been prescribed, exceeds ten lalths of rupees  i (,tt) lok sabha it blll 'further to amend the oil and natural gas commission act, 1959 