# Provisions as to Orders, Rules, Notifications etc. (Sections 20–24)

These sections govern how subordinate legislation (rules, notifications, orders, bye-laws) is to be construed and made under a parent Act.

## Section 20 — Construction of Orders, etc., Issued Under Enactments

Any expression used in a notification, order, scheme, rule, form or bye-law made under an Act will carry the same meaning as in the parent Act or Regulation — unless the contrary is mentioned.

Key concept — Notification:

In common parlance: a formal announcement of a legally relevant fact.
'Notification published in Official Gazette' = a notification published by the authority of law.
It must be in accordance with declared policies or the statute.

Illustration: The word 'company' used in the Rules made under the Companies Act will carry the same meaning as defined in Section 2(20) of the Companies Act, 2013.

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

The power to issue any notification, order, scheme, rule, form or bye-law includes the power to:

Add
Amend
Vary
Rescind

those notifications/orders/rules so issued.

Practical takeaway: A rule-making authority does not need separate express authority to modify or withdraw the rules it has made.

## Section 22 — Rules etc. Between Passing and Commencement of Act

If a Central Act is passed but not yet commenced, and it confers power to:

make rules/bye-laws, or
issue orders regarding application of the Act, or establishment of any Court, or appointment of any Judge/officer, or
specify the person/time/place/manner/fees for anything to be done under the Act,

then that power can be exercised even before commencement — but the rules/bye-laws/orders so made shall not take effect until the Act commences.

Illustration: The Indian Contract Act, 1872 received assent on 25th April, 1872 but commenced on 1st September, 1872. Any bye-laws or orders made between these two dates are valid in form, but become effective only from 1st September, 1872.

## Section 23 — Rules Requiring Previous Publication

Where a Central Act confers a power to make rules/bye-laws subject to previous publication, the following procedure applies:

1. The authority publishes a draft of the proposed rules/bye-laws for the information of persons likely to be affected.

2. The publication is made in such manner as the authority deems sufficient (or as the Government prescribes).

3. A notice is published with the draft specifying a date on or after which the draft will be taken into consideration.

4. The authority must consider objections and suggestions of the body whose sanction/approval/concurrence is needed, before that date.

5. Publication in the Official Gazette is conclusive proof that the rule/bye-law has been duly made.

Conclusive presumption: Once published in the Official Gazette, the procedure is deemed followed. Any irregularities in publishing the draft cannot be questioned thereafter.

## Section 24 — Continuation of Orders Issued Under Repealed-and-Re-enacted Laws

Where a Central Act/Regulation is repealed and re-enacted (with or without modification), then unless otherwise expressly provided, any:

appointment, notification, order, scheme, rule, form, or bye-law

made under the repealed Act continues in force and is deemed to have been made under the re-enacted Act.

Illustrations:

The Companies Act, 1956 was repealed and re-enacted as the Companies Act, 2013. Notifications, schemes, rules etc. under the 1956 Act continue in force unless the 2013 Act says otherwise.
The Mines Act, 1923 was repealed and replaced by the Mines Act, 1952. Rules made under the 1923 Act continue under the 1952 Act until specified otherwise.

Worked example

### Example 1

Q: A draft rule under the Income Tax Act is published with a notice giving 30 days for objections. After publication in the Official Gazette, a person discovers that the draft was published in a poorly circulated newspaper. Can he challenge the validity of the rule?

A: No. Under Section 23(5), publication of the rule in the Official Gazette is conclusive proof that the rule has been duly made. Any irregularities in the publication of the draft cannot be questioned thereafter.

### Example 2

Q: The Companies (Amendment) Act, 2023 is given Presidential assent on 1st January but commences on 1st June. The Central Government issues a notification on 1st March prescribing forms to be used under the new Act. Is this notification valid and from when does it take effect?

A: Under Section 22, the power to issue such notifications can be exercised after passing of the Act, even before commencement. So the notification is valid in form, but it takes effect only from 1st June when the Act commences.

### Example 3

Q: Companies Act, 1956 was repealed and the Companies Act, 2013 enacted. A notification regarding maintenance of registers had been issued under the 1956 Act. Is it still valid under the 2013 Act?

A: Yes, by virtue of Section 24, such notifications continue in force as if made under the 2013 Act, unless the 2013 Act expressly provides otherwise.

### Example 4

Q: The Ministry issued a rule under the Food Safety Act. After two years, it wishes to amend the rule. Does it need fresh authorization from Parliament?

A: No. Section 21 provides that the power to issue rules includes the power to add, amend, vary or rescind them. No fresh authority from Parliament is required.

⚠️ Common exam mistakes

Treating notifications issued before commencement under Section 22 as immediately effective — they are only effective FROM the date of commencement.
Believing that procedural irregularities in publishing a draft rule (Section 23) can be challenged after the rule is published in the Official Gazette — Section 23(5) makes Gazette publication conclusive proof.
Assuming that rules under a repealed Act lapse automatically — Section 24 makes them continue under the re-enacted Act unless expressly excluded.
Confusing 'meaning of words in rules' (Section 20 — follows parent Act) with 'definitions in general' (Section 3 — applies to the General Clauses Act itself).
Forgetting Section 21 — applying for fresh statutory authorization every time a notification needs amendment.

Bare-Act text Sections 20, 21, 22, 23, 24 · The General Clauses Act, 1897 · click to expand

Section 21: Power to issue, to include power to add, to amend, vary or rescind notifications, orders, rules or bye-laws — 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.

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Provisions as to Orders, Rules etc. (Sections 20-24)

Worked example

⚠️ Common exam mistakes