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Report No. 60

12.37. Section 23(5).-

Sub-sections (1), (2), (3) and (4) of section 23 lay down details as to the manner of complying with the requirement for pre-publication, and have not raised any serious controversy. Sub-section (5), however, has given rise to some difficulty. This sub-section provides as follows:-

"(5) The publication in the Official gazette of a rule or bye-law purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made."

General Clauses Act, 1897 Back

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