Section 34 of The National Institute of Fashion Technology Act, 2006
- (1)Every Statute or Ordinance made under this Act shall be published in the Official Gazette.
- (2)Every Statute or Ordinance 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 Statute or Ordinance or both Houses agree that the Statute or Ordinance should not be made, the Statute or Ordinance 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 Statute or Ordinance.
- (3)The power to make Statutes or Ordinances shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act to Statutes or Ordinances or any of them but no retrospective effect shall be given to any Statute or Ordinance so as to prejudicially affect the interests of any person to whom such Statutes or Ordinances may be applicable.
Summary
- Every new Statute or Ordinance must be published in the Official Gazette.
- They must also be presented before both Houses of Parliament while Parliament is in session.
- Parliament reviews them for a total period of thirty days, which can span one or multiple sessions.
- If both Houses agree to change or cancel a Statute or Ordinance during this review period, it will only take effect in the changed form or be completely cancelled.
- Canceling or changing a rule does not make past actions taken under that rule illegal.
- Rules can be backdated (given retrospective effect) to a date no earlier than when the Act started.
- A backdated rule cannot be used if it unfairly harms the interests of any person it applies to.
Practical examples
FAQ
1. How does the public know when a new Statute or Ordinance is created?
Every new Statute or Ordinance must be published in the Official Gazette.
2. Does Parliament have a say in the rules made by the Institute?
Yes, every rule must be laid before Parliament for thirty days, and Parliament can modify or cancel it.
3. If Parliament cancels a rule, do things done under that rule yesterday become illegal?
No, the annulment is without prejudice to the validity of anything previously done under that rule.
4. Can the Institute make rules that apply to the past?
Yes, they can be given retrospective effect, but not earlier than the start date of the Act.
5. Can a backdated rule be used to punish someone?
No, backdated rules cannot be used if they prejudicially affect the interests of anyone involved.
Test yourself
Q1.Under Section 34 of The National Institute of Fashion Technology Act, 2006, where must every Statute or Ordinance be published?
Q2.According to Section 34 of The National Institute of Fashion Technology Act, 2006, how long is the total period that a Statute or Ordinance must be laid before Parliament?
Q3.Under Section 34 of The National Institute of Fashion Technology Act, 2006, what happens if Parliament decides to annul a Statute after some actions have already been taken under it?
Q4.Based on Section 34 of The National Institute of Fashion Technology Act, 2006, what is the limitation on giving a Statute retrospective effect?
Q5.Under Section 34 of The National Institute of Fashion Technology Act, 2006, when is it forbidden to apply a Statute or Ordinance retrospectively?