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28. Power to make rules.-

(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) the form and the manner in which an application may be made and the fee which shall accompany such application, as required by sub-section (3) of section 8;

1[(aa) the form and the manner in which an application, and the form in which a declaration, may be made under sub-section (2) of section 8A;]

2[(b) the authority or authorities to be prescribed under sections 11, 12 and 16;]

(c) the form and the manner in which an appeal to the Appellate Tribunal may be preferred and the fee which shall accompany such appeal as required by sub-section (8) of section 15; 1[(ca) the manner of arrest and detention under the proviso to section 21A;]

(d) any other matter which is required to be, or may be, prescribed.

(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, 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 or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Illegal Migrants (Determination by Tribunals) Act, 1983 Back

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