MISCELLANEOUSCentral

Section 39 of The Health Security Se National Security Cess Act, 2025

(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.
(2)No order shall be made under this section after the expiry of five years from the commencement of this Act.
(3)Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.

Summary

(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.
(2).

Practical examples

1Shortly after the law starts, a technical conflict in how the machine registration form works makes it impossible for hybrid manual-machine factories to complete their registration. Since the Act does not cover this specific crossover, the Central Government issues a special Removal of Difficulties Order in the Official Gazette to clarify how they should register.

2Six years after the law came into force, a new style of automatic packaging technology is invented that creates confusion on how to count packing lines. The government wants to issue a quick order under Section 39 to resolve this, but they cannot because the five-year time limit for removing difficulties has already expired.

FAQ

1. How can the government solve unexpected administrative problems under Section 39 of the Health Security Cess Act?

Under Section 39 of the Health Security Cess Act, if any difficulty arises in implementing the law, the Central Government can issue an order in the Official Gazette to make necessary provisions to remove that difficulty, as long as the order is not inconsistent with the Act.

2. What is the deadline for the government to issue a difficulty removal order under Section 39 of this health law?

Under Section 39(2) of this health law, no difficulty removal order can be made after the expiry of five years from the commencement of the Act.

3. Must difficulty removal orders under Section 39 of the Health Security se National Security Cess Act, 2025 be shown to Parliament?

Yes. Under Section 39(3) of the Health Security se National Security Cess Act, 2025, every order made to remove a difficulty must be laid before each House of Parliament as soon as possible after it is made.

4. Can a difficulty removal order change the main text or purpose of the national security cess law under Section 39?

No. Under Section 39(1) of the national security cess law, any order issued to remove a difficulty must not be inconsistent with the provisions of the Act itself. It cannot contradict or override the main text.

Test yourself

Q1.Under Section 39 of The Health Security Se National Security Cess Act, 2025, what is the primary restriction on any order made to remove a difficulty?

Q2.Under Section 39 of The Health Security Se National Security Cess Act, 2025, what is the absolute time limit after which no difficulty removal order can be made?

Q3.Under Section 39 of The Health Security Se National Security Cess Act, 2025, what must happen to a difficulty removal order as soon as possible after it is made?

Q4.Under Section 39 of The Health Security Se National Security Cess Act, 2025, where must a difficulty removal order be published to become official?

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