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Report No. 38

Section 74

Section 74(3), latter half, provides that rules under the Act shall have effect as if enacted by the Act. It is not the practice in modern times to have such a provision in the rule-making section generally, and this part of the sub-section should be removed.

In conformity with recent legislative practice, a provision required the rules to be laid before the Parliament with powers to modify or annul the rules, should be inserted1.

Necessary change has been proposed.

With reference to section 74 as proposed, a State Government had, in its comment on the draft Report, stated2:-

"This Government cannot agree that recent legislative practice has been to provide that Rules made by Executive authorities under a Statute must be laid before the Parliament and submitted to revision and modification. It appears to this Government that the procedure contemplated by section 23 of the General Clauses Act is far preferable. Section 74 may, therefore, simply provide that the rules should be framed after previous publication."

Having regard, however, to well established recent legislative practice3, no alteration of or addition to the draft was considered necessary.

1. This is subject to any recommendation which the Law Commission may make in connection which the General Clauses Act, 1897 on the subject of laying of rules.

2. S. No. 170 (Comment of a State Government).

3. For a recent example, see section 21, Unlawful Activities (Prevention) Act, 1967 (37 of 1967).

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