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Report No. 60

12.13. Desirability of publication.-

Taking all the circumstances into consideration, we are of the view that the safeguard regarding publication is required; though, in our view, it should apply to statutory rules and bye-laws and general orders of the Government only, and should not extend to other forms of subordinate legislation. Rules and bye-laws and general orders are the most common form of subordinate legislation which affect citizens in the same way as an Act of Parliament. This is, however, not true of other forms of subordinate legislation, such as, orders, which are inconsequential from the point of view of the public, and relate to individuals only.

A general extension of the safeguard of publication to all forms of subordinate legislation is not, therefore, necessary it may, in certain cases, even give rise to practical difficulties. We have no doubt that where any subordinate legislation other than rules or bye-laws or general orders affects the public the particular enactment which permits the making of such legislation will make special provision for its publication in the most suitable manner.

General Clauses Act, 1897 Back

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