MISCELLANEOUSState · Sikkim

Section 18 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982

Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the appointed day.

Summary

If there is trouble putting this law into action, the Central Government can fix the problem.
They do this by issuing an order to "remove the difficulty."
These orders must follow the existing rules of the Act and cannot contradict them.
There is a strict time limit: no such order can be made after two years from the "appointed day."
The "appointed day" is the date the Act officially comes into force.

Practical examples

1In June 1983, a year after the Act begins, the government realizes two sections of the Act are confusing for local bank clerks. They issue a "Removal of Difficulties" order to clarify the procedure. Since it is within two years of the start date, it is legal.

2In December 1985, more than two years after the Act started, the government finds another problem with how share dividends are calculated. They want to issue an order to fix it, but they cannot because the two-year time limit in Section 18 has already passed.

FAQ

1. What can the government do if this law is hard to follow in practice?

The Central Government can make an order to remove the difficulty.

2. Can these orders change the main rules of the Act?

No, any order made must "not be inconsistent with the provisions of this Act."

3. How long does the government have to use this power?

They have two years starting from the "appointed day" (the date the Act starts).

Test yourself

1.Under Section 18 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982, what is the time limit for making an order to remove difficulties?

2.According to Section 18 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982, any order made to remove a difficulty must be:

3.Under Section 18 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982, who has the power to issue an order to remove difficulties?

4.Under Section 18 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982, can this power be used to create entirely new taxes?

5.Combining Section 16 and Section 18 of The State Bank of Sikkim (Acquisition of Shares) and Miscellaneous Provisions Act, 1982, can the Central Government delegate the power to remove difficulties?

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