PROVISIONS OF NOTIFICATIONS, ORDERS, RULES ETC. MADE UNDER ENACTMENTS

Provisions applicable to making of rules, etc. after previous publication

§26

Summary

Where, by any Rajasthan law, a power to make rules, regulations or bye-laws is expressed to be given subject to the condition of the rules, regulations or bye-laws being made after previous publication, then unless such law otherwise provides, the following provisions shall apply, namely:- (1) the authority having power to make the rules, regulations or bye-laws shall, before making them, publish a draft of the proposed rules, regulations or bye-laws for the information of persons likely to be affected thereby; (2) the publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the Government prescribes; (3) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration; (4) the authority having power to make the rules, regulations or bye-laws, and, where the rules, regulations or bye-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules, regulations or bye-laws from any person with respect to the draft before the date so specified; (5) the publication in the Rajasthan Gazette of a rule, regulation or bye-law purporting to have been made in exercise of a power to make rules, regulations or bye-laws after previous publication shall be conclusive proof that the rule, regulation or bye-law has been duly made. 1[26A. Laying of Rules before the State Legislature.-(1) All rules made by the State Government under a Rajasthan Act shall, as soon as may be after they are made, be laid before the State legislature for a total period of fourteen days which may be comprised in one or more sessions and if during the said period the State Legislature makes any modifications therein, the rules shall thereafter have effect only in such modified form without prejudice to the validity of anything previously done under the rules. (2) Where any Central Act, in force in or applicable to the State of Rajasthan and relating to matters with respect to which the State Legislature has power to make laws for the State, confers power on the State Government to make rules thereunder, then, subject to any express provision to the contrary in such Act, the provisions of sub-section (1) shall, so far as may be, apply to the rules made by the State Government in exercise of that power.]

Where, by any Rajasthan law, a power to make rules, regulations or bye-laws is expressed to be given subject to the condition of the rules, regulations or bye-laws being made after previous publication, then unless such law otherwise provides, the following provisions shall apply, namely:- (1) the authority having power to make the rules, regulations or bye-laws shall, before making them, publish a draft of the proposed rules, regulations or bye-laws for the information of persons likely to be affected thereby; (2) the publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the Government prescribes; (3) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration; (4) the authority having power to make the rules, regulations or bye-laws, and, where the rules, regulations or bye-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules, regulations or bye-laws from any person with respect to the draft before the date so specified; (5) the publication in the Rajasthan Gazette of a rule, regulation or bye-law purporting to have been made in exercise of a power to make rules, regulations or bye-laws after previous publication shall be conclusive proof that the rule, regulation or bye-law has been duly made. 1[26A. Laying of Rules before the State Legislature.-(1) All rules made by the State Government under a Rajasthan Act shall, as soon as may be after they are made, be laid before the State legislature for a total period of fourteen days which may be comprised in one or more sessions and if during the said period the State Legislature makes any modifications therein, the rules shall thereafter have effect only in such modified form without prejudice to the validity of anything previously done under the rules. (2) Where any Central Act, in force in or applicable to the State of Rajasthan and relating to matters with respect to which the State Legislature has power to make laws for the State, confers power on the State Government to make rules thereunder, then, subject to any express provision to the contrary in such Act, the provisions of sub-section (1) shall, so far as may be, apply to the rules made by the State Government in exercise of that power.]

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