Constitution of India, 1949
239-B.Power of administrator to promulgate
Ordinances during recess of Legislature.-
(1)If at any time, except when the Legislature
of the Union territory of Pondicherry 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 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, 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(b) may be withdrawn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.