Explain the provision relating to making of rules or bye-laws after previous publications as laid in the General Clauses Act, 1897?
CA Intermediate · Corporate and Other Laws · PYQS · September 2025
Explain the provision relating to making of rules or bye-laws after previous publications as laid in the General Clauses Act, 1897?
Suggested Answer and Working Notes:
Section 23 of the General Clauses Act, 1897 describes the provisions applicable to making of rules or bye-laws after previous publication. As per this section: Where, by any Central Act or Regulation, a power to make rules or bye-laws is expressed to be given subject to the conditions of the rules or bye-laws being made after previous publication, then the following provisions shall apply, namely: (1) The authority having power to make the rules or bye-laws shall, before making them, publish a draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby; (2) The publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the Government concerned prescribes; (3) There shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration; (4) The authority having power to make the rules or bye-laws, and, where the rules or bye-laws are to be made with the sanction, approval, or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the person with respect to the draft before the date so specified; (5) The publication in the Official Gazette of a rule or bye-law purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made.
Topics: The General Clauses Act, 1897
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