Section 26 of The Environment (Protection) Act, 1986 issued by MoEF GOI
Every rule made 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
- Every rule made under this law must be presented to both Houses of Parliament as soon as possible after it is created.
- The rule must be laid before Parliament for a total period of thirty days.
- This thirty day period can be completed during one session or across two or more sessions in a row.
- Both Houses of Parliament have the authority to agree on changes to the rule or decide the rule should not be made at all.
- If a rule is modified by Parliament, it will only have effect in that new, modified form from then on.
- If a rule is changed or cancelled, it does not affect the legality of anything that was already done while the rule was in place.
Practical examples
FAQ
1. How long must a rule stay before Parliament under Section 26 of the Environment Protection Act?
Under Section 26 of the Environment Protection Act, every rule must be laid before each House of Parliament for a total period of thirty days.
2. Can the review period for rules under Section 26 of the 1986 Act happen over several months?
Yes, Section 26 of the 1986 Act says the thirty day period can be comprised in one session or in two or more successive sessions.
3. What happens if both Houses of Parliament disagree with a rule under Section 26 of the Environment Protection Act?
If both Houses agree that a rule should not be made, the rule will have no effect according to Section 26 of the Environment Protection Act.
Test yourself
Q1.Under Section 26 of the Environment Protection Act 1986, what is the total amount of time a rule must be laid before Parliament?
Q2.According to Section 26 of the 1986 Environment Act, what is the status of a rule if both Houses of Parliament agree to a modification?
Q3.Under Section 26 of the Environment Protection Act 1986, what happens to actions already taken under a rule that Parliament later decides to cancel?
Q4.When a rule is created using the powers in Section 25, which group has the final power to modify or annul it under Section 26 of the Environment Protection Act?