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Report No. 60

12.43. Recommendation.- Accordingly we recommend that section 23 should be revised as follows:-

Revised section 23

23. Making of statutory instruments after previous publication.-Where any Central Act or Regulation confers on any authority power to make a statutory instrument subject to the condition of the statutory instrument being made after previous publication, then the following provisions shall apply, namely:-

(a) the authority shall first publish a draft of the proposed instrument for the information of persons likely to be affected thereby, together with a notice specifying the date on or after which the draft will be taken into consideration;

[Section 23(1) and section 23(3)]

(b) the publication shall be made in such manner as the authority deems to be sufficient, or, if the empowering provision in the Act or Regulation so requires, in such manner as the Government concerned directs;

[Section 23(2)]

(c) any objection or suggestion received by the authority from any person with respect to the draft before the date specified in the notice shall be considered by it, and, where the statutory instrument is to be made with the sanction, approval or concurrence of another authority, also by that authority, before the instrument is finally made;

[Section 23(4)]

(d) the publication in the official gazette of a statutory instrument purporting to have been made after previous publication in exercise of a power to make such statutory instrument shall be conclusive proof that the statutory instrument has been made in compliance with the provisions of this section.

General Clauses Act, 1897 Back

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