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CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897

A Central Act enacted in 2015 empowers the Central Government to 'make rules' under it. The Government issued a notification making rules and, six months later, wished to amend them. Under the General Clauses Act, 1897, what is the position about the power to amend?

The Government may amend the rules. Under the General Clauses Act, a power to make rules or notifications includes the power to add to, amend, vary or rescind them, exercised in the same manner and subject to the same conditions. No waiting period or fresh Act is required.

  1. AThe power to make rules includes the power to add to, amend, vary or rescind the rules, subject to the same conditions as the original makingCorrect
  2. BThe rules can be amended only by Parliament passing a new Act
  3. CThe rules can be amended only after one year from the original notification
  4. DThe rules once made cannot be rescinded, only supplemented

Explanation

The General Clauses Act provides that where a power to issue notifications, orders, rules or bye-laws is conferred, it includes the power, exercisable in the same manner and subject to the same conditions, to add to, amend, vary or rescind them. No waiting period applies, and Parliament need not legislate again. So the Government may amend the rules.

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