Report No. 263

36. Power of Central Government to make rules.

(1) The Central Government may, by notification in the official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) qualifications and experience for appointment of Members of Central Authority under clause (b) of sub-section (2) of section 4 ;

(b) the salary and allowances and terms and conditions of service of Chairperson and Members under sub-section (5) of section 4;

(c) the salary and allowances and terms and conditions of service of officers and staff of the Central Authority under sub-section (2) of section 5;

(d) form of application to Central Authority for assistance in securing return of child wrongfully removed or retained in India, under sub-section (2) of section 8;

(e) procedure for making appeal to the Central Government in case of refusal to accept the application by the Central Authority under sub-section (1) of section 13;

(f) form of application to Central Authority for assistance in securing exercise of rights of access to a child in India, under sub-section (2) of section 18;

(g) form of application to Central Authority for assistance in securing return of child wrongfully removed to or retained in the Contracting State under sub-section (2) of section 24;

(h) the form of application for assistance in organizing or securing the rights of access to a child wrongfully removed to or retained in a Contracting State under section 25; and

(i) the form in which annual report shall be prepared under sub-section(1) of section 31;

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.