Section 31 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986
Power to make rules.
- (1)The Central Government may, by notification, make rules for carrying out the provisions of this Act.
- (2)In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:--
- (a)the time within which, and the manner in which, an intimation referred to in sub-section (4) of section 4 shall be given;
- (b)the manner in which the moneys in any provident fund or other fund, referred to in sub-section (2) of section 13 shall be dealt with;
- (c)any other matter which is required to be, or may be, prescribed.
- (3)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 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 Central Government has the power to make rules to carry out the purposes of this Act.
- These rules can specify the time limit and method for people to report property interests or mortgages, which Section 4 requires them to report.
- The rules can also dictate how employee provident funds and welfare funds transferred under Section 13 should be handled.
- Any new rule must be shown to both Houses of Parliament for a total of thirty days.
- Parliament has the power to change the rule or completely cancel it during this review period.
Practical examples
FAQ
1. Who is allowed to make the official rules for this Act?
Only the Central Government can make these rules by publishing a notification.
2. Do the rules take effect without anyone else checking them?
No, every rule must be laid before both Houses of Parliament.
3. How long does Parliament have to review a new rule?
The rule must be before Parliament for a total period of thirty days.
4. Can Parliament stop a rule from happening?
Yes, if both Houses agree, they can modify the rule or decide it should not be made at all.
Test yourself
Q1.Under Section 31 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, what is the maximum required duration that a newly made rule must be laid before each House of Parliament?
Q2.Under Section 31 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, the rules can specify details for intimations about mortgages. How does this connect to Section 4 of the Act?
Q3.Under Section 31 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, the government can make rules regarding certain funds. According to the cross-reference to Section 13, what kind of funds are these rules meant to deal with?
Q4.Under Section 31 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, what happens if Parliament decides to modify a rule after it has already been used for a few days?