Section 23 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
- (1)The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
- (2)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
- This section grants the Central Government the authority to create rules to put the Act into practice.
- Any new rule must be announced publicly in the Official Gazette.
- The rule must be presented to both Houses of Parliament while they are meeting.
- Parliament has a period of thirty days to review the rule.
- Both Houses must agree if they want to change or cancel the rule.
- If a rule is changed or cancelled, it does not make previous actions taken under that rule illegal.
Practical examples
FAQ
1. Who can make rules under Section 23 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?
Under Section 23 of the Act, only the Central Government has the power to make rules by publishing them in the Official Gazette.
2. How long does Parliament have to review a rule under Section 23 of the prevention of atrocities law?
Section 23 of the Act states that a rule must be laid before Parliament for a total period of thirty days, which can span across one or multiple sessions.
3. Can Parliament reject a rule created under Section 23 of the 1989 atrocities act?
Yes, if both Houses of Parliament agree that the rule should not be made, the rule will have no effect according to Section 23 of the Act.
Test yourself
Q1.Which authority is responsible for making rules under Section 23 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989?
Q2.Under Section 23 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, how long must a new rule be laid before Parliament?
Q3.What happens if Parliament cancels a rule under Section 23 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, after it was already in effect?
Q4.Under Section 23 of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, what condition must be met for a rule to be modified?