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Microlesson · 5-min read

Provisions as to Orders, Rules and Bye-laws

# Orders, Rules and Bye-laws under Enactments [Sections 20 to 24]

## Rules/Bye-laws after Previous Publication [Section 23]

If power to make rules/bye-laws is conferred subject to previous publication, the authority must:

StepAction
1Publish a draft of the proposed rules/bye-laws for information of persons likely to be affected
2Along with draft, publish a notice specifying the date on or after which the draft will be considered
3Publication shall be in the manner the authority deems sufficient (or as Government prescribes)
4Consider any objection or suggestion received from any person before the specified date
5Final publication in the Official Gazette is conclusive proof that the rule/bye-law has been duly made

### Note on Changes Before Final Publication

  • Authority can make changes to the draft before final publication
  • Re-publication is NOT required if changes are ancillary to the earlier draft and not foreign to it

## Power to Issue Includes Power to Modify

If power to issue notifications, orders, rules, or bye-laws is conferred → power is also exercisable to:

  • Add
  • Amend
  • Vary
  • Rescind

any such notifications, orders, rules, or bye-laws.

## Rules Between Passing and Commencement

If an Act gives power on its passing (before it comes into force) to make rules/orders for its application:

→ Such rules/orders CAN be made but cannot take effect until the Act/Regulation commences.

## Construction of Orders, etc.

Any expression used in notifications, orders, schemes, rules, forms, or bye-laws shall have the same meaning as in the Act/Regulation conferring the power (unless something is repugnant).

## Continuation Under Repealed & Re-enacted Acts

If an Act is repealed and re-enacted, any appointment, notification, order, scheme, rule, form, or bye-law issued under the repealed Act is deemed issued under the re-enacted Act (unless expressly provided otherwise).

⚠️ Common exam mistakes

  • Forgetting that draft rules require publication AND a notice specifying a date for consideration
  • Believing minor ancillary changes to a draft require re-publication — they do not
  • Assuming rules made before commencement of the Act take effect immediately — they don't take effect until the Act commences
  • Treating orders under a repealed Act as void after re-enactment, ignoring the deeming fiction
Reference: Sections 20 to 24 — The General Clauses Act, 1897
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