Section 17 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982
Power of Central Government to make rules.
- (1)The Central Government may, by notification, make rules for carrying out the provisions of this Act.
- (2)Every rule made by the Central Government 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 from 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 authority to create rules to carry out this law.
- These rules are published in the Official Gazette as notifications.
- Every new rule must be presented to both Houses of Parliament.
- If both Houses agree to change or cancel the rule during this time, the rule is modified or stopped.
- Any action taken under the rule before it was changed or cancelled remains legal and valid.
Practical examples
FAQ
1. Who makes the rules for this Act?
The Central Government makes the rules by notification.
2. Does Parliament get to see these rules?
Yes, every rule must be "laid" (presented) before each House of Parliament as soon as possible after it is made.
3. What happens if Parliament doesn't like a rule?
If both Houses agree the rule should not be made or should be changed, the rule will have "no effect" or only work in the "modified form."
4. If Parliament cancels a rule, are things done under it in the past still legal?
Yes, the cancellation does not hurt the "validity of anything previously done" under that rule.
Test yourself
1.Under Section 17 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982, for how many days must a rule be laid before Parliament?
2.According to Section 17 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982, what happens if both Houses of Parliament agree that a rule should not be made?
3.Under Section 17 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982, if a rule is modified by Parliament, what is the status of actions taken before the modification?
4.Under Section 17 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982, can the 30-day period for Parliament span more than one session?
5.Under Section 17 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982, who has the primary power to make rules?