# Sections 20–24 — Subordinate Legislation

These sections govern delegated legislation — notifications, orders, rules, schemes, by-laws made under the authority of a parent Act.

## Section 20 — Construction of Orders, etc.

Expressions used in a notification/order/scheme/rule/form/by-law have the same meaning as in the parent Act or Regulation — unless otherwise indicated.

Implication: You read subordinate legislation through the lens of the parent statute.

## Section 21 — Power to Issue Includes Power to Amend/Rescind

The authority empowered to issue notifications, orders, rules or by-laws also has the power to:

Add to them
Amend them
Vary them
Rescind (cancel) them

Why important: Without Section 21, every change would need fresh statutory authority.

## Section 22 — Rules Made Between Passing and Commencement

If rules/by-laws/orders are made after the Act is passed but before it commences, they:

Can be validly made (preparatory work allowed)
BUT will not take effect until the Act/Regulation itself commences.

## Section 23 — Procedure for Making Rules Requiring Previous Publication

When a parent Act says rules must be made "after previous publication," the authority must follow this 5-step procedure:

Step	Action
1	Publish a draft of the proposed rules
2	Publication in a manner the authority deems sufficient
3	Notice with the draft specifying a date on/after which the draft will be considered
4	The rule-making authority shall consider objections and suggestions received before that date
5	Publication in the Official Gazette is conclusive proof that the rule has been duly made

## Section 24 — Continuation of Orders Under Repealed & Re-enacted Acts

Where an Act is repealed and re-enacted, any appointment/notification/order/scheme/rule/form/by-law made under the repealed Act continues in force and is deemed to have been made under the re-enacted provision — so far as it is not inconsistent.

Practical effect: Continuity of subordinate legislation across Acts. The rules don't 'die' with the parent Act.

## Memory Map

```

S.20 → Read terms with parent Act

S.21 → Power to make = Power to amend/rescind

S.22 → Rules pre-commencement: valid but dormant

S.23 → 5-step previous-publication procedure

S.24 → Old rules survive into new Act

```

Worked example

### Example 1

Example — Section 21

A notification issued under the Customs Act exempts certain goods. Two years later, the Government wants to withdraw the exemption.

Analysis: Under Section 21, the Government can rescind/amend the notification — the power to issue carries the power to undo.

### Example 2

Example — Section 23(5)

A challenger argues that draft rules were not circulated properly before final publication.

Analysis: Once the final rules are published in the Official Gazette, that publication is conclusive proof of due making (per Section 23(5)). The procedural challenge generally fails.

### Example 3

Example — Section 24

The Companies Act, 1956 was repealed and re-enacted as the Companies Act, 2013. Rules made under the 1956 Act (not inconsistent with the 2013 Act) continued to apply until new rules were notified.

Analysis: This continuity is enabled by Section 24.

⚠️ Common exam mistakes

Believing rules made between passing and commencement are immediately effective — they are valid in form but inoperative until the Act commences (S.22).
Thinking that rules under a repealed Act automatically lapse — Section 24 preserves them under the re-enacted Act.
Overlooking that Section 23(5) gives Official Gazette publication conclusive (not merely presumptive) status.

Bare-Act text Sections 20 to 24 · The General Clauses Act, 1897 · click to expand

Section 21 — Where, by any Central Act or Regulation, a power to issue notifications, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issued. Section 24 — Where any Central Act or Regulation, is, after the commencement of this Act, repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the repealed Act or Regulation, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted unless and until it is superseded by any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the provisions so re-enacted.

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Orders, Rules & Bye-laws under Enactments (Sections 20–24)

Worked example

⚠️ Common exam mistakes