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CS Executive · Jurisprudence, Interpretation and General Laws · Interpretation of Statutes

Under the General Clauses Act, 1897, where a Central Act empowers an authority to make rules after previous publication, which statement is correct about the procedure?

The authority must publish a draft of the proposed rules together with a notice specifying a date on or after which the draft will be taken into consideration. It must consider objections received before that date, and later Gazette publication is conclusive proof of due making.

  1. AThe authority must publish a draft with a notice specifying a date on or after which the draft will be taken into considerationCorrect
  2. BThe authority may make the rules at once and publish the draft afterwards
  3. CObjections received after the rules are made must be considered
  4. DPublication in the Official Gazette is not conclusive proof that the rules were duly made

Explanation

Section 23 requires publication of a draft for persons likely to be affected, along with a notice specifying a date on or after which it will be considered. Only objections received before that date must be considered. Gazette publication of the rule is conclusive proof that it was duly made, so the last option is wrong.

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