MISCELLANEOUSCentral

Section 12 of The Acquisition of Certain Area at Ayodhya Act, 1993

(1)The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2)Every rule made by the Central Government 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, 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

The Central Government has the power to make rules to carry out the provisions (the rules and sections) of this Act.
To make these rules official, the Central Government must publish them by notification (an official announcement) in the Official Gazette.
Every rule made under this Act must be laid (meaning presented for review) before each House of Parliament as soon as possible after it is made.
The rule must be laid while Parliament is in session for a total period of thirty days.
This thirty-day period can be completed within one single session, or spread across two or more successive (consecutive) sessions.
If both Houses of Parliament agree to make a modification (a change) to the rule, or agree that the rule should not be made, the rule will only work in that modified form, or have no effect at all.
Any such modification or annulment (meaning cancellation) by Parliament will not affect the validity (the legal correctness) of anything that was previously done under that rule before it was changed or canceled.

Practical examples

1On August 1, 1993, the Central Government drafted a rule specifying the exact way to authenticate documents and published it in the Official Gazette. A week later, when Parliament met, the rule was laid before the Lok Sabha and Rajya Sabha for thirty days of review, and was approved without any changes.

2In February 1994, the Central Government made a rule about the security fees for claimants. During the thirty-day review period, both Houses of Parliament agreed that the fee was too high and voted to reduce it. The rule then took effect only in that modified, lower-fee version, but the fees already collected under the original rule remained valid.

FAQ

1. Who has the power to make rules under Section 12 of this Act?

The Central Government has the power to make these rules.

2. How do the rules made by the government become official?

They must be published as a notification in the Official Gazette, which is the official public record book of the government.

3. Does Parliament get to review the rules made by the Central Government?

Yes, every rule must be laid before both Houses of Parliament as soon as possible after it is made, while Parliament is in session.

4. How long must a rule be kept before Parliament for review?

It must be kept before both Houses for a total period of thirty days. This period can be completed in one single session or across two or more successive sessions.

5. What happens if Parliament decides to change or cancel a rule?

If both Houses agree to modify the rule, it will only have effect in the modified form. If both Houses agree to cancel it, the rule will have no effect. However, anything already done under that rule before its modification or cancellation remains completely valid.

Test yourself

Q1.How does the Central Government officially publish rules made under Section 12?

Q2.For how many days total must a rule be laid before each House of Parliament?

Q3.Can the thirty-day parliamentary review period be split across multiple sessions?

Q4.What is the effect if both Houses of Parliament agree that a rule should not be made?

Q5.What happens to actions already taken under a rule if Parliament later modifies or cancels that rule?

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