CAB129-52 — Page 148

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Page 148

170

upon object-

ion to

law.'

(2) If the Federal Assembly passes any Bill in respect of Which the Prime Minister has received a notice

Plime Minister receives a notice objection

respect of a Bill which has already been passed by the Assembly, the notice of objection shall be laid before the Governor-General when the Bill is presented to him for assent and thereupon the following provisions of this section shall have effect.

(3) Save as is otherwise provided in subsection (4) of this section the Governor-General shall not assent to the Bill but shall reserve it for the signification of Her Majesty's pleasure and shall send the notice of objection to a Secretary of State together with the Bill.

(4) The Governor-General in his discretion may assent to the Bill (32)

(a) if he is satisfied that it is not a differentiating measure;

or

(b) if he is satisfied, upon representations made to him by the Prime Minister, that it is essential in the public interest that the Bill be brought into immediate operation; but, if he does so assent, the Governor-General shall forthwith send to a Secretary of State the Bill to which he has assented together with the notice of objection and a statement of his reasons for assenting."

"Procedure " 6. (1) When a notice of objection in respect of a subordinate law is received by the Prime Minister, he shall, within thirty days, subordinate send the notice of objection and his comments thereon to the Governor-General; and the Governor-General shall send the notice of objection together with the Prime Minister's comments to a Secretary of State.

(2) (a) A Secretary of State may at any time within twelve months after he has received a notice of objection under this section disapprove of the subordinate law to which the notice of objection relates.

(b) Upon receipt of notification of a Secretary of State's disapproval of any subordinate law, the Governor-General shall cause notice of such disapproval to be published in the official Gazette of the Federation; and the subordinate law shall be deemed to be revoked as from such date as the Governor-General in his discretion may by such notice appoint, but without prejudice to anything previously done thereunder or to the enactment of a new subordinate law."

Regulations

171

7. The Governor-General will be empowered in his discretion to make Regulations regulations(33) for giving effect to this Chapter and in particular will be

(32) This power to assent in exceptional circumstances to a Bill which has been objected to by the Board will not apply in the case of any Bill of a kind required to be reserved by some other part of the Constitution-see Chapter III, paragraph 6 (1) (a) and (c).

(33) These regulations will inter alia provide

(a) that the decisions of the Board shall be by majority vote. (The Chairman's casting vote, when it is necessary, should be given in favour of keeping the subject under discussion);

(b) that where the Board is not unanimous this fact shall be reported to the

ernor-General at the time the notice of objepage 149 of 200 Page

149 of 200

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to be made by Governor- General.

empowered to provide by such regulations for the following matters:—

Play hq 5ms fforice of the Chairmanpaag members of Board;

20 (b) the appointment of persons to fill temporary vacancies in the membership of the Board (including any temporary vacancy in the office of Chairman) and the tenure of office and terms of service of persons so appointed;

t

(c) the organization of the work of the Board and the manner in which the Board will perform its functions, including the number of persons who will constitute a quorum of the Board;

(d) the delegation to the Chairman or any member of the Board

of any of the functions of the Board;

(e) consultation by the Board with persons other than members of

the Board;

(ƒ) the appointment, tenure of office and terms of service of staff

to assist the Board in the performance of its functions.

172

Introductory Note.

CHAPTER VI

FINANCE

PART 1. GENERAL

1. A Fiscal Commission is being set up to investigate and report on what financial arrangements should be made for a Federation of the three Territories. The terms of reference to be given to this Commission are as follows:

(1) To assess the effect of the creation of a Federation of Southern Rhodesia, Northern Rhodesia and Nyasaland on the public expenditure of the Federal area as a whole, and in particular to estimate, after taking account of the transfer of assets and liabilities involved, the net cost of-

(a) Federal services under the proposed Federation;

(b) the services remaining to be undertaken by the constituent

Governments;

bearing in mind the need for the maximum economy in administration compatible with the basic purposes of the proposed Federation.

(2) In the light of (1) above, and in the light of the allocation of sources of revenue set out in Chapter VI of the Draft Federal Scheme, to undertake an enquiry into the means whereby the revenues available, or to be made available, to the three con- stituent Governments and to the Federal Government under the proposed Federation should best be collected and distributed between the Federal Government and the constituent Governments, having regard on the one hand to the need to preserve to the constituent Territories financial autonomy within the sphere of government assigned to them, and on the other hand to the importance of ensuring that the financial resources of the area comprised by the proposed Federation are applied for the benefit of the area as a whole.

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