Section 30 of The Gujarat (Right of Citizens to Public Services) Act, 2013 — Power to remove difficulties
Bare section text
Official Legislative Text
- (1)If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after expiry of two years from the commencement of this Act.
- (2)Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.
Educational Study Layer
Summary
- The State Government has the power to issue orders to remove operational difficulties in giving effect to this Act.
- Orders removing difficulties must be published in the Official Gazette to take legal effect.
- Any provision made in a difficulty-removal order must be consistent with the existing provisions of this Act.
- The State Government cannot issue any difficulty-removal order after two years from the commencement of this Act.
- Every order made under this section must be laid before the State Legislature as soon as possible after creation.
- This section gives the executive branch temporary authority to fix unforeseen implementation bottlenecks without amending the Act.
Practical examples
FAQ
1. Who has the authority to remove difficulties under Section 30 of this Act?
Under Section 30 of this Act, the State Government has the power to make provisions by order to remove difficulties in giving effect to the Act.
2. Where must an order under Section 30 be published to take effect?
Under Section 30 of this Act, any order made to remove difficulties must be published in the Official Gazette.
3. What is the strict time limit for making orders under Section 30?
Under Section 30 of this Act, no order to remove difficulties can be made after the expiry of two years from the commencement of this Act.
4. Must orders issued under Section 30 be submitted to the State Legislature?
Under Section 30 of this Act, every order made under this section must be laid before the State Legislature as soon as may be after it is made.
5. Can the State Government make an order under Section 30 that contradicts the Act?
Under Section 30 of this Act, any provision made to remove difficulties must not be inconsistent with the provisions of this Act.
Practice Quiz
Q1.Under Section 30 of this Act, the State Government encounters an unforeseen operational bottleneck eighteen months after the Act comes into force. What action is the State Government permitted to take?
Q2.Under Section 30 of this Act, the State Government attempts to issue a difficulty-removal order thirty months after the Act's official commencement date. Is this order legally valid?
Q3.Under Section 30 of this Act, what procedural requirement must the State Government fulfill after issuing an order to remove an administrative difficulty?
Q4.Under Section 30 and Section 29 of this Act, how does a difficulty-removal order under Section 30 differ from standard rule-making power?