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Report No. 60

12.44. Section 23A-Commencement and publication of Statutory Rules (New).-

As to statutory rules, and bye-laws as already stated1 we propose a new provision, providing for (i) publication of rules, and (ii) the date of commencement in relation to rules and bye laws. Attention may be drawn, in this connection, to the recommendation made in an earlier Report2 of the Law Commission, where a reference is made to the (English) Statutory Instruments Act of 1946, and to the necessity of ensuring proper publication of statutory instruments and other connected matters.3

1. Para. 12.16, supra.

2. 14th Report, Vol. 2.

3. Also see para. 12.14, supra.

12.44A. Retrospective operation.-

We also think it desirable to provide that retrospective operation cannot be given to such rules and bye-laws without express authority.

12.44B. Recommendation to insert section regarding publication and commencement of rules, bye-laws and general orders of the Central Government.-

We therefore recommend that regarding publication and commencement1 of rules bye-laws and general orders of the Central Government and their respective effect,2 the following new section may be inserted:-

"23A. (1) Every rule made or bye-law approved or general order issued by the Central Government on or after the 'day of 3 under any Central Act or Regulation-

(a) shall be published in the official gazette, and

(b) shall, in the absence of an express provision to the contrary either in the rule or bye-law or general order or in the Central Act or Regulation under which it is made or approved or issued, come into force on the day on which it is published in the official gazette.

(2) No such rule or bye-law or general order shall come into force from a date earlier than the date on which it is made or approved or issued by the Central Government, unless the Central Act or Regulation under which it is made or approved or issued expressly confers a power to give it such effect.

"Explanation.-In this section, the expression-general order" means an order which affects the public."

1. Para. 12.44, supra.

2. Para. 12.44A, supra.

3. Date of commencement of the amendment Act to be entered.

General Clauses Act, 1897 Back

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