20. Construction of orders, etc., issued under enactments.—Where, by any 1
[Central Act] or
Regulation, a power to issue any 7
[notification], order, scheme, rule, form, or bye-law is conferred, then
expressions used in the 7
[notification], order, scheme, rule, form or bye-law, if it is made after the
commencement of this Act, shall, unless there is anything repugnant in the subject or context, have the
same respective meanings as in the Act or Regulation conferring the power.
1. Subs. by the A.O. 1937, for “Act of the Governor General in Council”.
2. The words “on the Government” omitted by Act 18 of 1919, s. 2 and the First Schedule.
3. Ins. by s. 2 and the First Schedule, ibid.
4. Subs. by the A.O. 1937, for “Acts of the Governor General in Council”.
5. Ins. by Act 18 of 1928, s. 2 and the First Schedule.
6. Subs. by s. 2 and the First Schedule, ibid., for “by it”.
7. Ins. by Act 1 of 1903, s. 3 and the Second Schedule.
12
21. Power to issue, to include power to add to, amend, vary or rescind notifications, orders,
rules or bye-laws.—Where, by any 1
[Central Act] or Regulations a power to 2
[issue notifications,]
orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner
and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any
3
[notifications,] orders, rules or bye-laws so 4
[issued].
22. Making of rules or bye-laws and issuing of orders between passing and commencement of
enactment.—Where, by any 1
[Central Act] or Regulation which is not to come into force immediately,
on the passing thereof, a power is conferred to make rules or bye-laws, or to issue orders with respect to
the application of the Act or Regulation, or with respect to the establishment of any Court or office or the
appointment of any Judge or officer thereunder, of with respect to the person by whom, or the time when,
or the place where, or the manner in which, or the fees for which, anything is to be done under the Act or
Regulation, then that power may be exercised at any time after the passing of the Act or Regulation; but
rules, bye-laws or orders so made or issued shall not take effect till the commencement of the Act or
Regulation.
23. Provisions applicable to making of rules or bye-laws after previous publication.—Where, by
any 1
[Central Act] or Regulation, 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) the authority having power to make the rules or bye-laws shall, before making them, publish a
draft of the proposed rules 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 5
[Government
concerned] 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 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;
(5) the publication in the 6
[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.
24. Continuation of orders, etc., issued under enactments repealed and re-enacted.—Where
any 1
[Central Act] or Regulation, is, after the commencement of this Act, repealed and re-enacted with or
without modification, then, unless it is otherwise expressly provided any 3
[appointment notification,]
order, scheme, rule, form or bye-law, 3
[made or] issued under the repealed Act or Regulation, shall, so far
as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have
been 3
[made or] issued under the provisions so re-enacted, unless and until it is superseded by
any 3
[appointment notification,] order, scheme, rule, form or bye-law, 3
[made or] issued under the
provisions so re-enacted 7
[and when any 1
[Central Act] or Regulation, which, by a notification under
section 5 or 5A of the 8
Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to
any local area, has, by a subsequent notification, been withdrawn from the re-extended to such area or any
part thereof, the provisions of such Act or Regulation shall be deemed to have been repealed and
re-enacted in such area or part within the meaning of this section].