Section 30A of The Railway Claims Tribunal Act, 1987
1[30A. Power to make rules retrospectively.-- The power to make rules under clause (b) of sub-section (2) of section 30 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.]
Summary
- The government has the power to make rules regarding the pay and benefits of tribunal members that apply backward in time.
- A rule that applies to the past cannot start from a date before the President originally gave approval to the Act.
- The government is completely forbidden from making a backward-looking rule if it harms the interests or reduces the benefits of the people it applies to.
Practical examples
FAQ
1. Can the government make rules that apply to events in the past?
Yes, but only specifically for rules regarding salaries, allowances, and working conditions of the tribunal members.
2. How far back in time can a rule reach?
A rule cannot go back further than the exact date the President originally signed and approved the Act.
3. Can a retrospective rule take away a benefit a member already has?
No, a backward-looking rule cannot negatively affect the interests of anyone it applies to.
Test yourself
Q1.Under Section 30A of The Railway Claims Tribunal Act, 1987, the power to make rules retrospectively only applies to rules made under Section 30 clause b. What specific topic do those rules cover?
Q2.Under Section 30A of The Railway Claims Tribunal Act, 1987, which of the following backward-looking rules is strictly prohibited?
Q3.Under Section 30A of The Railway Claims Tribunal Act, 1987, what is the earliest possible date a retrospective rule can take effect from?
Q4.Section 30A of The Railway Claims Tribunal Act, 1987 cross-references the general rule-making power in Section 30. How do these two sections work together?