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Provision applicable to making of rules or byelaws after previous publication.

§23

Summary

1[(1)] Where, by any 2[Uttar Pradesh] Act, a power to make rules or bye-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then the following provisions shall apply, namely ; 1[(a)] the authority having power to make the rules or bye-laws shall, before making them publish a draft of the proposed rules or byelaws for the information of persons likely to be affected thereby ; 1[(b)] 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 3[the Government concerned] prescribes ; 1[(c)] there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration ; 1[(d)] the authority having power to make the rules or bye-laws, and, where the rules 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 or bye-laws from any person with respect to the draft before the date so specified ; 1[(e)] the publication in the 4[official Gazette] of a rule or bye-law purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made. 1[(2) The date referred to in clause (c) of sub-section (1) shall not be a date earlier than the day of expiration of a period of one month from the date of publication of the draft of the proposed rules or byelaws under clause (a) of that sub-section. (3) Notwithstanding the provisions of sub-sections (1) and (2), where the State Government is satisfied that circumstances exist which render it necessary for it to make rules or bye-laws with immediate effect or with effect from a date earlier than a period of one month, it may make any such rules or bye-laws without previous publication or, as the case may be, fix a date referred to in clause (c) of sub-section (1) earlier than the day of expiration of a period of one month from the publication of the draft of the proposed rules or bye-laws.]

1[(1)] Where, by any 2[Uttar Pradesh] Act, a power to make rules or bye-laws is expressed to be given subject to the condition of the rules or bye-laws being made after previous publication, then the following provisions shall apply, namely ; 1[(a)] the authority having power to make the rules or bye-laws shall, before making them publish a draft of the proposed rules or byelaws for the information of persons likely to be affected thereby ; 1[(b)] 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 3[the Government concerned] prescribes ; 1[(c)] there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration ; 1[(d)] the authority having power to make the rules or bye-laws, and, where the rules 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 or bye-laws from any person with respect to the draft before the date so specified ; 1[(e)] the publication in the 4[official Gazette] of a rule or bye-law purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made. 1[(2) The date referred to in clause (c) of sub-section (1) shall not be a date earlier than the day of expiration of a period of one month from the date of publication of the draft of the proposed rules or byelaws under clause (a) of that sub-section. (3) Notwithstanding the provisions of sub-sections (1) and (2), where the State Government is satisfied that circumstances exist which render it necessary for it to make rules or bye-laws with immediate effect or with effect from a date earlier than a period of one month, it may make any such rules or bye-laws without previous publication or, as the case may be, fix a date referred to in clause (c) of sub-section (1) earlier than the day of expiration of a period of one month from the publication of the draft of the proposed rules or bye-laws.]

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