Section 13 of The Governors (Emoluments, Allowances and Privileges) Act, 1982
- (1)The President may, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Act.
- (2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
- (a)grant of leave to a Governor under Section 4;
- (b)matters relating to the household establishment provided to a Governor under section 6;
- (c)medical attendance, accommodation and treatment of a Governor and the members of his family under section 7;
- (d)the use of motor vehicles by the members of the family of a Governor under sub-section (3) of section 8;
- (e)the travelling allowance on assumption or vacation of office of a Governor under section 9;
- (f)allowance for renewing the furnishings and for the maintenance of the official residences under section 10;
- (g)the privileges to which a Governor is entitled and the allowances or expenses payable to a Governor under section 11; 1[(h) the manner of providing secretarial assistance and reimbursement under section 12A.]
- (3)Every rule made by the President under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session 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 President has the power to make rules by notification in the Official Gazette to give effect to the Act.
- Specific rules can cover leave under Section 4, household establishment under Section 6, and medical attendance under Section 7.
- Rules can also cover motor vehicles under Section 8, travel under Section 9, furnishing or maintenance under Section 10, privileges under Section 11, and secretarial assistance under Section 12A.
- Every rule made under this Act must be laid before each House of Parliament for a total of thirty days.
- This thirty-day period can be completed in one session or across two or more successive sessions.
- If both Houses agree to modify or annul a rule, it will only have effect in the modified form or have no effect, without hurting past actions.
Practical examples
FAQ
1. Who has the authority to make rules under this Act?
The President has the authority to make rules.
2. How are these rules made public?
They are made public by notification in the Official Gazette, which is an official government public journal.
3. For how long must the rules be laid before Parliament?
They must be laid before each House of Parliament for a total period of thirty days.
4. Can the thirty-day parliamentary review period be split across sessions?
Yes, the thirty days can be completed in one session or across two or more successive sessions.
5. What happens if both Houses of Parliament agree that a rule should not be made?
The rule will have no effect, but this will not hurt the validity of anything previously done under that rule.
Test yourself
Q1.Under Section 13, how must the President publish the rules made under this Act?
Q2.For what total period must a rule made under this Act be laid before each House of Parliament?
Q3.Which of the following sections is NOT explicitly cross-referenced in Section 13's list of rule-making matters?
Q4.What happens if both Houses of Parliament agree to modify a rule made under this Act?
Q5.If Parliament modifies or cancels a rule, what is the status of actions taken under that rule before the change?
Q6.Under Section 13, the thirty-day period for laying rules before Parliament can be comprised in: