Report No. 60
Publication and commencement
12.7. Safeguard of publication.-
First, as regards publication of statutory instruments1, some of the Acts conferring a power to make rules are silent with regard to publication2. The rest of the Acts do require some sort of publication. A large majority of them require publication in the Official Gazette. Here again, no uniform formula is adopted. In some Acts, all that is stated is that the rules shall be published in the Official Gazette.3 In some other Acts, rules are required to be made by notification in the Official Gazette.4 There is another category under which rules are not to have effect until they are published in the Official Gazette.5
There is yet another variation of the formula, which provides that the rules shall be published in the Official Gazette and shall thereupon have effect 'as if enacted in the Act', [e.g., see section 59(5), Mines Act (35 of 1952)1. It is, thus, clear that the present law relating to publication of subordinate legislation is unsatisfactory. It will be instructive in this connection to consider the position in some Commonwealth countries and in the U.S.A.
1. Para. 12.6, supra.
2. E.g. (a) Section 18(1), Census Act, 1948 (37 of 1948). (b) Section 13(3), Central Sales Tax Act, 1956 (74 of 1956).
3. See section 38, Central Excises etc. Act, 1944 (1 of 1944).
4. See section 41, Warehousing Corporations Act, 1962 (58 of 1962).
5. Section 36(1), Cantonments (House Accommodation) Act, 1923 (6 of 1923).