Section 23: Provisions applicable to making of rules or bye-laws after previous publication

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The General Clauses Act, 1897

Provisions as to Orders, Rules, etc., made under Enactments

Section 23: Provisions applicable to making of rules or bye-laws after previous publication.

23. Where, by any 1[Central Act] or Regulation, a power to make rules or bye-laws is expressed to be given subject to the condition 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 2[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 authority having power to make the rules or bye-laws from any person with respect to the draft before the date so specified;

(5) the publication in the 3[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.


Amendments

1. Subs. by the A.O. 1937, for “Act of the Governor General in Council”.
2. Subs. by the A.O. 1950, for “Central Government or the Provincial Government”.
3. Subs. by the A.O. 1937, for “Gazette”.

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