Section 8A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948
1[ 2[8A. Schemes and rules to be laid before Parliament.-- Every scheme and every rule made under this Act by the Central Government 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 scheme or rule or both Houses agree that the scheme or rule should not be made, the scheme or 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 scheme or rule.]]
Summary
- Every new scheme or rule made by the Central Government must be shown to Parliament.
- If both Houses agree to change or cancel the rule, it follows their decision.
- However, if the rule is changed or cancelled later, anything already done under it remains valid.
Practical examples
FAQ
1. Can Parliament cancel a rule after it is already in use?
Yes, if both Houses agree during the specified time, the rule can be modified or made to have "no effect."
2. If Parliament cancels a rule, do we have to undo everything done while it was active?
No, the law says any modification or annulment is "without prejudice" to the validity of things previously done.
3. What if only one House of Parliament wants to change the rule?
Both Houses must agree for the rule to be modified or cancelled.
Test yourself
Q1.Under Section 8A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, for how many total days must a rule be laid before Parliament?
Q2.Under Section 8A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, what happens if Parliament decides a rule should not be made?
Q3.Under Section 8A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, if a rule is cancelled, what is the status of actions taken under it before the cancellation?
Q4.Under Section 8A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, can the 30-day requirement be split across different sessions?
Q5.Under Section 8A of The Dock Workers (Regulation of Employment) Act, 1948The डॉक कर्मकार (नियोजन का विनियमन)अधिनियम,1948, who must agree to modify a scheme or rule?