Section 5 of The Presidents Emoluments and Pension Act, 1951
1[5. Power to make rules.-- 2[(1)] The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.] 3[(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after 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
- The Central Government has the power to make rules to carry out the purposes of this Act.
- These rules must be published by notification in the Official Gazette (the official government journal).
- Every rule must be presented before both Houses of Parliament as soon as possible after it is made.
- The rule must sit before Parliament for a total period of thirty days while Parliament is in session.
- The thirty days can occur during a single session, or be spread across two or more successive sessions.
- If both Houses agree to modify or reject a rule, it will only have effect in the modified form or have no effect at all, without affecting the validity of past actions.
Practical examples
FAQ
1. Who is authorized to make rules under Section 5?
The Central Government is authorized to make rules.
2. How must the Central Government publish these rules?
They must publish them by notification in the Official Gazette.
3. For how long must a rule be laid before Parliament?
For a total period of thirty days.
4. Can the thirty-day parliamentary review period be split?
Yes, the thirty days can be completed in one session or across two or more successive sessions.
5. What happens if both Houses of Parliament agree to modify or reject a rule?
The rule will then only have effect in the modified form, or it will have no effect at all.
Test yourself
Q1.Which authority has the power to make rules under Section 5?
Q2.Where must the rules be notified to become active under Section 5?
Q3.For what total period must a rule be laid before each House of Parliament under Section 5?
Q4.How can the thirty-day parliamentary review period be completed under Section 5?
Q5.If Parliament modifies or cancels a rule under Section 5, what happens to actions already taken under that rule before the change?