Section 36 of The National Institutes of Technology, Science Education and Research Act, 2007
- (1)If any difficulty arises in giving effect to the provisions of this Act the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date on which this Act receives the assent of the President.
- (2)Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Summary
- The Central Government has the power to issue orders to solve unforeseen problems in following this law.
- Any order made to remove a difficulty must not contradict the existing rules of the Act itself.
- These orders must be published in the Official Gazette to be official.
- This special power to fix problems has a time limit and expires two years after the Act was originally signed by the President.
- Every order created to remove a difficulty must be shown to both Houses of Parliament as soon as possible.
Practical examples
FAQ
1. Can the Government use this power to change the core rules of the Act?
No, any order made must be "not inconsistent with the provisions of this Act".
2. Is there a deadline for using this power?
Yes, it cannot be used after two years from the date the Act received the President's assent.
3. Does Parliament see these fix-it orders?
Yes, every order must be laid before each House of Parliament after it is made.
Test yourself
Q1.Under Section 36 of The National Institutes of Technology, Science Education and Research Act, 2007, how must a "difficulty removal" order be made public?
Q2.What is the absolute cutoff date for the Central Government to use its power under Section 36 of The National Institutes of Technology, Science Education and Research Act, 2007?
Q3.According to Section 36 of The National Institutes of Technology, Science Education and Research Act, 2007, an order to remove a difficulty must be:
Q4.Under Section 36 of The National Institutes of Technology, Science Education and Research Act, 2007, what is the required step after an order is made?