Section 160 of in hindi — Rules to be placed before Parliament

Bare section text

Official Legislative Text

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

2[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.

Educational Study Layer

Summary

Practical examples

1The Central Government updates the application fees for filing a patent. Under the patent law, the government must present this rule to the Lok Sabha and Rajya Sabha as soon as possible. Parliament has thirty days to review, modify, or reject it.

2While a newly proposed rule regarding electronic signatures is under parliamentary review, a patent officer grants a patent using this rule. Later, Parliament modifies the rule. The patent granted remains valid despite the modification.

FAQ

1. How does Section 160 of the Patents Act, 1970 require rules to be presented to Parliament?

Under Section 160 of the Patents Act, 1970, every rule made by the government must be presented to both Houses of Parliament as soon as possible while they are in session. The rule must be laid before them for a total period of thirty days.

2. Can Parliament modify a rule presented under Section 160 of the Patents Act, 1970?

Yes, under Section 160 of the Patents Act, 1970, if both Houses of Parliament agree to make a modification or agree that the rule should not be made, the rule will only have effect in the modified form or will have no effect at all.

3. What is the time limit for Parliament to modify or reject a rule under Section 160 of the Patents Act, 1970?

Under Section 160 of the Patents Act, 1970, Parliament must make any modification or rejection before the expiry of the session that immediately follows the session or successive sessions in which the rule was laid.

4. Does a modification of a rule by Parliament under Section 160 of the Patents Act, 1970 affect past actions?

No, under Section 160 of the Patents Act, 1970, any modification or annulment of a rule by Parliament will not affect the validity of anything that was previously done under that rule.

Practice Quiz

Q1.Under Section 160 of the Patents Act, 1970, how long must a newly made rule be laid before each House of Parliament?

Q2.Under Section 160 of the Patents Act, 1970, how can the mandatory thirty-day laying period be structured?

Q3.Under Section 160 of the Patents Act, 1970, what happens to actions taken under a rule before Parliament modifies or cancels it?

Q4.If both Houses of Parliament decide to modify a rule under Section 160 of the Patents Act, 1970, by when must they do so?

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