Central
Section 6 of The Police-Forces (Restriction of Rights) Act, 1966
- (1)The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
- (2)Every rule made under this section 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 1 [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
- This section gives the Central Government the power to make rules to carry out the purposes of this Act.
- All rules must be announced publicly by publishing a notification in the Official Gazette.
- Every rule made under this section must be presented to both Houses of Parliament as soon as possible after it is made.
- The rule must be laid before Parliament while it is in session for a total of thirty days.
- This thirty-day period can occur during a single session, or it can be spread across two or more successive sessions.
- If both Houses agree to modify the rule or agree that it should not be made, the rule will only have effect in the modified form or have no effect at all.
- Any modification or annulment (cancelling) of a rule by Parliament does not affect the validity (legality) of anything that was already done under that rule before the change.
Practical examples
1In 1969, the Central Government wants to set up the exact forms police officers must use to request permission to join a religious group. They draft a rule, publish it in the Official Gazette, and lay it before Parliament for thirty days.
2The Central Government makes a rule about press communications in 1974. During the review period, both Houses of Parliament agree to modify the rule to allow officers to write for local historical journals. The rule now only operates in that modified form, but any permissions granted during the first month remain completely valid.
FAQ
1. Who has the power to make rules under this Act?
The Central Government has the power to make rules.
2. How must the rules be published?
By notification in the Official Gazette.
3. How long must a new rule be laid before Parliament?
For a total period of thirty days.
4. Can the thirty-day Parliamentary review be split across different sessions?
Yes, it can be comprised in one session or in two or more successive sessions.
5. What happens if Parliament cancels a rule?
The rule becomes of no effect, but this does not affect the validity of anything previously done under that rule.
Test yourself
Q1.Who has the power to make rules under Section 6?
Q2.Where must the rules be published to take effect?
Q3.What is the total period for which a rule must be laid before Parliament?
Q4.How can the thirty-day Parliamentary review period be comprised?
Q5.What happens if both Houses of Parliament agree to make a modification to a rule?
Q6.If Parliament modifies or cancels a rule, does it undo actions taken under that rule in the past?