Section 37 of The Apprentices Act, 1961
- (1)The Central Government may, after consulting the Central Apprenticeship Council, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. 1[(1A) The powers to make rules under this section shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this Act received the assent of the President, but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]
- (2)Rules made under this Act may provide that a contravention of any such rule shall be punishable with fine which may extend to fifty rupees.
- (3)Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament which it is in session for a total period of thirty days which may be comprised in one session 2[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Summary
- The Central Government has the primary authority to create specific rules to carry out the purposes of the Act.
- Before making any rules, the Central Government is required to consult with the Central Apprenticeship Council.
- The government can make rules that apply retrospectively (backwards in time), but they cannot be backdated to before the Act was originally approved, and they cannot unfairly harm anyone's existing interests.
- Every new rule must be presented before both Houses of Parliament for a total of thirty days, where lawmakers can agree to modify the rule or cancel it completely.
Practical examples
FAQ
1. What happens if Parliament dislikes a rule that the Central Government just made?
Because the rule must be laid before Parliament for thirty days, both Houses can agree to modify the rule or declare that it should have no effect at all.
2. If Parliament cancels a rule that was active for two weeks, do the actions taken during those two weeks become illegal?
No, the law states that any annulment by Parliament does not affect the validity of anything previously done under that rule.
Test yourself
Q1.Under Section 37 of The Apprentices Act, 1961, who must the Central Government consult before making any new rules?
Q2.Under Section 37 of The Apprentices Act, 1961, what is a major restriction on making a rule apply retrospectively (into the past)?
Q3.Under Section 37 of The Apprentices Act, 1961, how long must a newly made rule be laid before each House of Parliament?
Q4.Under Section 37 of The Apprentices Act, 1961, if Parliament decides a newly made rule should be of no effect, what happens to the actions already taken under that rule before Parliament rejected it?