MISCELLANEOUSCentral

Section 35 of The Credit Information Companies (Regulation) Act, 2005.

(1)If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no order shall be made under this section after the expiry of a period 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 Parliament.

Summary

If a problem arises when trying to put this Act into practice, the Central Government can make an order to fix it.
The fix cannot contradict the existing rules of the Act.
The Government only has a two-year window from the start of the Act to issue these helpful orders.
Every order made must be published in the Official Gazette.
Every order must also be shown to both Houses of Parliament as soon as possible.

Practical examples

1In November 2006, shortly after the Act began, a confusing overlap in definitions made it impossible for certain banks to report data. The Central Government quickly published an order in the Official Gazette clarifying the wording to remove the difficulty.

2Five years after the Act commenced, a new technical issue arose. The Central Government could not use this section to fix the problem because the strict two-year time limit had already expired.

FAQ

1. Can the Central Government rewrite the main rules of the Act just to make things easier?

No, any order made must not be inconsistent with the actual provisions of the Act.

2. Is there a time limit on the Government's power to remove these difficulties?

Yes, no order can be made after the expiry of a period of two years from the commencement of the Act.

3. Does Parliament ever see these fix-it orders?

Yes, every order must be laid before each House of Parliament as soon as may be after it is made.

Test yourself

Q1.Under Section 35 of The Credit Information Companies (Regulation) Act, 2005., what is the absolute maximum time limit for the Central Government to make an order removing a difficulty?

Q2.Under Section 35 of The Credit Information Companies (Regulation) Act, 2005., what critical condition must an order to remove a difficulty meet?

Q3.Under Section 35 of The Credit Information Companies (Regulation) Act, 2005., what must happen to every order immediately after it is officially made?

Q4.Under Section 35 of The Credit Information Companies (Regulation) Act, 2005., how is an order to remove a difficulty officially made public?

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