Section 40 of The Bureau of Indian Standards Act, 2016. in hindi
Every rule and every regulation made 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation.
Summary
- Section 40 ensures that Parliament keeps oversight of all new rules and regulations made under this law.
- Every rule and regulation must be presented before each House of Parliament as soon as it is made.
- The documents must remain before Parliament while it is in session for a total period of thirty days.
- This thirty-day period can happen during a single session, or span across two or more successive sessions.
- If both Houses agree to change or cancel the rule during this timeframe, it takes effect only in the modified form or gets completely cancelled.
- Changing or cancelling a rule does not invalidate any actions that were already legally taken under it before Parliament made the decision.
Practical examples
FAQ
1. Under Section 40 of the Bureau of Indian Standards Act, 2016, how long does Parliament review a new regulation?
Section 40 of the Bureau of Indian Standards Act, 2016 requires every new rule and regulation to be laid before Parliament for a total period of thirty days.
2. Can Parliament change a rule made by the Bureau under Section 40 of the BIS Act, 2016?
Yes, under Section 40 of the BIS Act, 2016, if both Houses of Parliament agree to modify the rule before the end of the required session timeframe, it will only have effect in the modified form.
3. What happens to actions taken before Parliament cancels a rule under Section 40 of the standards law, 2016?
According to Section 40 of the standards law, 2016, the annulment of a rule is without prejudice to the validity of anything previously done under that rule.
Test yourself
Q1.Under Section 40 of the Bureau of Indian Standards Act, 2016, where must every new rule and regulation be presented?
Q2.According to Section 40 of the BIS Act, 2016, what is the total required time period for a rule to be laid before Parliament?
Q3.Under Section 40 of the Indian Standards Act, 2016, how can the required timeframe for Parliament's review be structured?
Q4.Based on Section 40 of the Bureau of Indian Standards Act, 2016, what happens if both Houses agree that a rule should not be made, but some actions have already occurred under it?
Q5.Considering both Section 40 and Section 36 of the Bureau of Indian Standards Act, 2016, if Parliament modifies a regulation during its thirty-day review, are officers protected if they previously took good-faith actions under the original version of that regulation?