PZ 3941/33 'Reforms: position of Aden, British Baluchistan, NWFP [North-West Frontier Province] and Department of External Affairs' [‎29v] (50/62)

Proposals.
*&*
Pmexdtsre m the
99. Tl* poster* uxi **dua ol k,
1^1B*U:ot*: wfli i» regaiaMd bj "*» !<> r* r/.wk-, = ab/»s » ^
pfwrfeftOBs cd the CcesSitotk® A--t. by t e ^r»«si 5 *aiiorj with
Sc,,™, iriD « bis <b«-refor,, aI t.r c^ ! sm , ».^ w 1 th
*t Presdeiii or fspeaker. i» she sat* ni»? I*, t® ma.* njl«s rt/uUtM«
Iho pnx^ore the eood «1 of bMm«* ™.Jh®
Cbj^SmT in reUskiB 10 dmUcts arising out of or agfcrtmg,
aoj ^special r-ws|ior^sl>ijiitT '* with wbkh he is charged by the
C^stitetioo Act- , , .
Ii, the event of cmsflict be^eec a rule so made by the Governor
smd any rale made by a Chamber of the Legislature, the iormt-r win
prevail aud the latter will, to the extent of the inconsistency, be
Vm6 (n the ease of a Province having a Legislative Council, the
pro^isicns of the Constitution Act and of any roles made with respect
to the procedure dt.and conduct of business in, the Legislative (.ouncii
will apply to Joint Sessions of the two Chamfers as if tie members
erf the Legislative Assembly present at those sittings were, for the
time being, additional members of the Council of State.
Excluded Area*.
100.. His Majesty will be empowered to direct by Order in
Council that any area within a Province is to be an Excluded
Area *' or a “ Partially Excluded Area,” and by subsequent Orders
in Council to revoke or vary any such Order.
101. In respect of Partially Excluded Areas the Governor will
be declared to have a special responsibility gee paragraph 68 ).
For the purposes of administration, any area in a Province for
the time being declared to be an excluded Area will be placed under
the direct and exclusive control of the Governor himself.
102. Legislation required, whether for Excluded Areas or
Partially Excluded Areas? will be obtained in the following
maimer:—
No Act of the Federal Legislature or of the Provincial Legisla
ture will apply to such an area unless the Governor in his discretion
so directs, and in giving such a direction the Governor will be
empowered to direct that the Act, in its application to the area, or
to any specified part thereof, is to have effect subject to such
exceptions or modifications as be thinks fit.
The Governor will also be empowered at his discretion to make
Regulations for the peace and good government of any area which
is for the time being an Excluded Area or a Partially Excluded Area
and will be competent by any Regulation so made to repeal or amend
any Act of the Federal Legislature or erf the Provincial Legislature
which is, for the time being, applicable to the area in question.
Regulations made under this provision will be submitted forth
with to the Governor-General and will not have effect until he has
assented to them; but. when assented to by the Governor-General,
will have the same force and effect as an Act of the Legislature
made applicable to the area by direction of the Governor, and will
be subject to disallowance in the same manner as a Provincial Act.
but will not be subject to repeal or amendment bv anv Act of the
Provincial or of the Federal Legislature.
103. Rules made by the Governor in connexion with legislative
procedure will contain a provision prohibiting the discussion in the
Provfficiti Legislature of an * matter arising out of the administration
of an Excluded Area, and enabling the Governor, at his discretion
to disallow any resolution or question regarding the administration
of a Partially Excluded Area.
Emergency Powers of the Governor in relation to Legislation
1 M. The Governor will be empowered at his discretion, if at
any time he is satisfied that the requirements of anv of the “ Special
responsibilities with which he is charged by the’ ConstitutionAet