Section 38 of The Drugs and Cosmetics Act, 1940 in hindi
Rules to be laid before Parliament.
1[38. Rules to be laid before Parliament.--Every rule 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, 2[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
- Every rule made under this Act must be presented to both Houses of Parliament as soon as possible after it is made.
- The rule must be laid before Parliament while it is in session for a total period of thirty days.
- This thirty-day period can be completed within a single session or across two or more successive sessions.
- Parliament has the power to modify or completely reject the rule before the end of the session that immediately follows the session or sessions in which the rule was laid.
- If both Houses agree on a change, the rule will only have effect in that modified form, and if they agree to reject it, the rule becomes invalid.
- Any change or cancellation made by Parliament does not affect the validity of anything that was already done under that rule before the change.
Practical examples
FAQ
1. Why must rules made under this Act be laid before Parliament?
Rules must be laid before Parliament to ensure democratic oversight, giving elected representatives the power to review, modify, or reject regulations created by the government.
2. How long must a rule be laid before Parliament?
A rule must be laid before Parliament for a total period of thirty days.
3. Does the thirty-day period have to be in a single parliamentary session?
No, the thirty-day period can be completed in one session, or it can be spread out across two or more successive sessions.
4. What happens if both Houses of Parliament agree to reject a rule?
If both Houses agree that the rule should not be made, it loses all effect and becomes completely void.
5. If Parliament modifies a rule, what happens to actions already taken under the original rule?
Any actions taken under the original rule before Parliament modified or cancelled it remain fully valid and legally protected.
Test yourself
1.Under Section 38 of The Drugs and Cosmetics Act, 1940, what is the total minimum duration for which a rule must be laid before each House of Parliament?
2.Under Section 38 of The Drugs and Cosmetics Act, 1940, how can the mandatory period for laying a rule before Parliament be accumulated?
3.Under Section 38 of The Drugs and Cosmetics Act, 1940, what is the deadline for Parliament to agree on a modification or annulment of a rule after it has been laid?
4.Under Section 38 of The Drugs and Cosmetics Act, 1940, if Parliament votes to completely annul a rule, what is the legal status of actions that were already performed under that rule prior to its annulment?