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Section 22: Provisions applicable to making of rules or bye-laws after previous publication

The Himachal Pradesh General Clauses Act, 1968State Act of Himachal Pradesh · Act 16 of 1969

Where, by any Himachal Pradesh Act, a power to make rules or bye-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then, unless such Act otherwise provides, the following provisions shall apply, namely:-

(1) the authority having power to make the rules or bye-laws shall, before making them, publish a draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby;

10 THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 196

(2) the publication shall be made in such manner as that authority deems to be sufficient, or, if the conditions with respect to previous publication so requires, in such manner as the Government 1[***********] prescribes;

(3) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;

(4) the authority having power to make the rules or bye-laws, and, where the rules or bye-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or bye-laws from any person with respect to the draft before the date so specified;

(5) The publication in the Official Gazette of a rule or bye-law purporting to have been made in the exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made.

2[22-A. Rules to be laid before the State Legislative Assembly.-

(1) Every rule made under any Himachal Pradesh Act by the Government of Himachal Pradesh on or after the commencement of the Himachal Pradesh General Clauses (Third Amendment) Act, 1985(5 of 1985), shall be laid, as soon as may be after it is made, before the State Legislative Assembly, while it is in session, for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or agrees 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.

(2) Where any Central Act, in force in or applicable to the State of Himachal Pradesh and relating to the matters with respect to which the State Legislature has power to make laws for the State of Himachal Pradesh, confers power on the State Government to make rules thereunder, then subject to any express provisions to the contrary in such Act, the provisions of sub-section(1) shall mutatis mutandis apply to the rules made by the State Government in exercise of that power.]

Where this provision sits

ActThe Himachal Pradesh General Clauses Act, 1968
Section22
Marginal noteProvisions applicable to making of rules or bye-laws after previous publication
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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