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Report No. 163

Memorandum Regarding Delegated Legislation

Clause (d) of sub-section (2) of section 89, as sought to be inserted by clause 7 of the Bill, empowers the Government and the High Courts to make rules to be followed in mediation proceedings to effect the compromise between the parties.

Rules 9 and 9A of Order V as sought to be substituted by clause 15 of the Bill, empowers the High Courts to approve the courier service for the purpose of service of summons and also empowers to make rules with regard to other means of service of summons.

Rule 4 of Order XVIII as sought to be substituted by clause 27 of the Bill empowers the High Courts to provide, by rules the sums to be paid to the Commissioner for recording of evidence and the amount payable to the Commissioner by the court or by the parties.

Rule 6B of Order XX as sought to be substituted by clause 28 of the Bill empowers the High Courts to make rules with regard to the charges to be paid by the parties for supply of copy of the judgment.

The matters, in respect of which such orders or rules may be made are matters of detail and may hardly be provided for in the Bill. The delegation of legislative power is, therefore, of a normal character.



The Code of Civil Procedure (Amendment) Bill, 1997 Back




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