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

A Central Act of 2010 empowers the Central Government to make rules 'by notification'. On 1 June the Government makes rules, but the Act's provision conferring the power is silent about previous publication. A challenger argues the rules are invalid for want of prior draft publication. Considering the General Clauses Act, 1897 on exercise of power to make rules, which statement is correct?

Prior draft publication is needed only where the parent Act itself requires rules to be made after previous publication. The General Clauses Act merely lays down the procedure for such cases and does not make it mandatory, so rules made under a silent Act are not invalid on that ground.

  1. ARules are invalid unless a draft was published, since previous publication is mandatory in all cases
  2. BPrevious publication of draft rules is required only where the Act itself requires the power to be exercised after previous publication; the General Clauses Act does not independently make it mandatoryCorrect
  3. CPrevious publication is required only for rules made by State Governments
  4. DPrevious publication is required if the rules affect any citizen's rights, regardless of the Act

Explanation

The General Clauses Act deals with the procedure where a Central Act requires rules to be made after previous publication: draft, date for objections, consideration of objections, then publication in the Official Gazette. It does not itself impose the requirement. Since the parent Act here is silent, no draft publication is needed, so the challenge fails. The first option wrongly treats the requirement as universal.

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