Report No. 168

Memorandum Regarding Delegated Legislation

Clause 16 of the Bill seeks to insert a new section 32 in the Hire-purchase Act, 1972 (26 of 1972), empowering the Central Government to make rules to carry out the provisions of the said Act. The rules may be vide for the form and manner in which all or any of the particulars will be specified in every hire-purchase agreement, the additional particulars which shall be specified in every such hire-purchase agreement and/or matters which may be required for bringing out more clearly the implications of some of the provisions of the parent Act and particularly those which involve mathematical calculations.

2. In view of the nature of legislation relating to hire-purchase transactions; clause 16 of the Bill also inserts a new section 33 in the Hire-purchase Act empowering the Central Government to remove by order the difficulty which may arise in giving effect to the provisions of that Act. This is by way of abundant caution and for covering difficulties which may arise. It has, however, been provided that no such order should be made after the expiry of a period of 5 years from the commencement of the Hire-purchase Act. It has also been provided that a copy of every such order made shall be laid before each House of Parliament.

The matters in relation to which rules or orders may be made are matters of administrative detail and procedure and it is difficult to provide for, the same in the Bill itself. The delegation of legislative power, therefore, of a normal character.