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Section 12: Power to make Rules

The Bihar Fiscal Responsibility and Budget Management Act, 2006State Act of Bihar · Act 5 of 2006

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provision of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) the form of the Macroeconomic Framework Statement under section 6;

(b) the form of Medium - Term Fiscal Policy Statement, including the targets for the fiscal indicators, under section7;

(c) the form of Fiscal Policy Strategy Statement under section8;

(d) the form for disclosure under sub-section (2) of section 10;

(e) measures to enforce compliance;

(f) the manner of review of compliance of the provisions of this Act by the independent agency under section 11; and

(g) any other matter which is required to be, or may be, prescribed.

13. Rules to be laid before Legislature - Every rule made under this Act shall be laid, as soon as may be after it is made, before the Houses of the Legislature, while it is in session, for a total period of fourteen days. This period may be comprised in one session or in two or more successive sessions. If, before the expiry of the session immediately following the session or the successive sessions aforesaid, the Houses agree in making any modification in the rule or the 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.

14. Protection of action taken in good faith - No suit, prosecution or other legal proceedings shall be against the State Government or any officer of the State Government for anything which is in good faith done or intended to be done under this Act or the rules made there under.

15. Jurisdiction of civil courts barred - No civil court shall have jurisdiction to question the legality of any action taken by, or any decision of, the State Government, under this Act.

16. Application of other laws not barred - The provisions of this Act shall, wherever the State Government, by notification, so declare, be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

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17. Power to remove difficulties : (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, be 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 the 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 each House of the State Legislature.

18. Repeal and Savings - (1) The Bihar Fiscal Responsibility and Budget Management Ordinance, 2006 (Bihar Ordinance no.2, 2006) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act. Were in force on the day on which such thing was done or action taken.

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Where this provision sits

ActThe Bihar Fiscal Responsibility and Budget Management Act, 2006
Section12
Marginal notePower to make Rules
JurisdictionState of Bihar
StatusIn force as published by the source

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