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

Under a Central Act, the Central Government made rules and later wished to alter a notification it had issued under that Act. The Act is silent on any power to amend or rescind. As per the General Clauses Act, 1897, what is the position?

The Government may add to, amend, vary or rescind the notification. Under the General Clauses Act, a power to issue notifications, orders, rules or bye-laws carries with it the power to alter them, exercised in the same manner and subject to the same conditions, unless a contrary intention appears.

  1. AThe Government cannot alter its notification without amending the Act through Parliament
  2. BThe power to issue a notification includes, unless contrary intention appears, the power to add to, amend, vary or rescind it in the same manner and subject to the same conditionsCorrect
  3. CThe Government may rescind it but not amend or vary it
  4. DThe Government may amend it only with the President's prior approval in every case

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. Option C wrongly limits the power to rescission alone.

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