Be it enacted by Parliament in the Fifty-fifth Year of the Republic of India as follows:-
Short title.
1. This Act may be called the Delegated Legislation Provisions (Amendment) Act, 2004.
Amendment certain enactments.
2. The enactments specified in the Schedule are hereby amended to the extent and in the manner mentioned in the third column thereof.
THE SCHEDULE
(See section 2)
Sl. No.
Short title
Amendments
1
The Punjab Laws Act, 1872 (4 of 1872)
Section 50A shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-
“(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
2
The Central Provinces Laws Act, 1875 (20 of 1875)
Section 10 shall be re-numbered as sub-section (1) thereof, and after sub-section (i) as so re-numbered, the following sub-section shall be inserted, namely:-
“(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
3
The Oudh Laws Act, 1876 (18 of 1876)
Section 40 shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-
“(2) Every rule made by the State Government under section 39 shall be laid, as soon as may be after it is made, before the State Legislature.”.
4
The Indian Treasure-trove Act, 1878 (6 of 1878)
Section 19 shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-
“(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
5
The Northern India Ferries Act, 1878 (17 of 1878)
Section 12 shall be re-numbered as sub-section (1) thereof, and-
(?) in sub-section (1) as so re-numbered, for the words “make rules”, the words “by notifica-tion in the Official Gazette, make rules” shall be substituted;
(b) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:—
“(2) Every rule made under this Act by the Commissioner of a division or the officer ap-pointed by the State Government shall be laid, as soon as may be after it is made, before the State Legislature.”.
6
The Hackney-carriage Act, 1879 (14 of 1879)
Section 6 shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:—
“(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature”.
7.
The Obstructions in Fairways Act, 1881 (16 of 1881)
Section 8 shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-
“(2) Every rule made by the Central Government 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 with-out prejudice to the validity of anything previously done under that rule.”
8
The Land Improvement Loans Act, 1883 (19 of 1883)
Section 10 shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-
“(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
9
The Agriculturists' Loans Act, 1884 (12 of 1884)
In section 4, after sub-section (2) the following sub-section shall be inserted, namely:-
“(3) Every rule made by the State Government or a Board of Revenue or a Financial Commissioner under this Act shall be laid, as soon as may be after it is made, before the State Legislature”.
10
The Indian Tramways Act, 1886 (11 of 1886)
After section 24, the following section shall be inserted, namely:-
“24A. (1) Every rule made by the Central Government 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 anymodification 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.
(2) Every rule made by a State Government or a local authority or a promoter or a lessee under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
11
The Government Management of Private Estates Act, 1892 (10 of 1892)
Section 7 shall be re-numbered as sub-section (1) thereof, and-
(a) in sub-section (1) as so re-numbered, for the words “may make any rules”, the words “may, by notification in the Official Gazette, make rules” shall be substituted;
(b) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-
“(2) Every rule made and every order issued by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
12
The Reformatory Schools Act, 1897 (8 of 1897)
In section 26,-
(a) in sub-sections (1) and (2), for the words “make rules”, the words “make rules, by notification in the Official Gazette,” shall be substituted;
(b) after sub-section (2), the following sub-section shall be inserted, namely:-
“(3) Every rule made by the State Government or a Board of Management of a Reformatory School under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
13
The Lepers Act, 1898 (3 of 1898)
Section 16 shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely:-
“(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
14
The Indian Post Office Act, 1898 (6 of 1898)
In section 74, after sub-section (3), the following sub-section shall be inserted, namely:-
“(4) Every rule made by the Central Government 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.”.
15
The Live-stock Importation Act, 1898 (9 of 1898)
In section 4,-
(a) in sub-section (1), for the words "State Government may make rules”, the words “State Government may, by notification in the Official Gazette, make rules” shall be substituted;
(b) after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
16
The Indian Stamp Act, 1899 (2 of 1899)
In section 76, after sub-section (2), the following sub-section shall be inserted, namely:-
“(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
17
The Glanders and Farcy Act, 1899 (13 of 1899)
In section 14, after sub-section (3), the following sub-section shall be inserted, namely:-
“(3A)Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature”.
18
The Ancient Monuments Preservation Act, 1904 (7 of 1904)
In section 23,-
(a) in sub-section (1), for the words “may make rules”, the words “may, by notification in the Official Gazette, make rules” shall be substituted;
(b) after sub-section (2), the following sub-section shall be inserted, namely:-
“(3) Every rule, made by the Central Government 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.”.
19
The Dourine Act, 1910 (5 of 1910)
In section 14, after sub-section (3), the following sub-section shall be inserted, namely:-
“(3A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
20
The Banaras Hindu University Act, 1915 (16 of 1915)
In section 19, after sub-section (3), the following sub-sections shall be inserted, namely:-
“(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(5) Every Statute, Ordinance or Regulation 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, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation 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, Ordinance or Regulation.”.
21
The Inland Vessels Act, 1917 (1 of 1917)
In section 74, after sub-section (3), the following sub-section shall be inserted, namely:-
“(4) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
22
The Aligarh Muslim University Act, 1920 (40 of 1920)
In section 31, after sub-section (3), the following sub-sections shall be inserted, namely:-
“(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.(5) Every Statute, Ordinance or Regulation 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, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation 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, Ordinance or Regulation.”.
23
The Delhi University Act, 1922 (8 of 1922)
In section 32, after sub-section (3), the following sub-sections shall be inserted, namely-
“(4) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(5) Every Statute, Ordinance or Regulation 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, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance or Regulation 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, Ordinance or Regulation.”.
24
The Mussalman Wakf Act, 1923(42 of 1923)
In section 11, after sub-section(2), the following sub-section shall be inserted, namely:-
“(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
25
The Indian Forest Act, 1927 (16 of 1927)
In section 51,-
(a) in sub-section (1), for the words “may make rules", the words “may, by notification in the Official Gazette, make rules” shall be substituted;
(b) after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.”.
26
The Murshidabad Estate Administration Act, 1933 (23 of 1933)
In section 28,-
(a) in sub-section (1), for the words “make rules”, the words “and by notification in the Official Gazette, make rules” shall be substituted;
(b) after sub-section (2), the following sub-section sh
