Report No. 64

Chapter 7

Miscellaneous

(Sections 23 to 25)

7.1. Section 23(1).-

We deal in this Chapter with the remaining sections of the Act. Section 23 deals with the power to make rules. The power is vested in the State Government, under sub-section (1). It has been suggested1 that section 23(1) should be amended as follows:-

"The State Government may, with the approval of the Central Government, by notification in the Official Gazette, make rules for carrying out the purposes of this Act."

The object of the suggested amendment is to require the approval of the Central Government before rules are made by the State Government. It, however, appears rather inappropriate to require the approval of the Central Government in this respect. It is rarely2 the practice to require the approval of the Central Government, for rules to be made by the States Government. Moreover, there is no strong reason for inserting this requirement in this particular Act. Hence, we are unable to accept the suggestion.

1. Suggestion of the Central Bureau of Correctional Services.

2. One very rare example is found in sections 29 & 30, Registration of Births Act, 1971.