Legal
Practitioners (Regulation and Maintenance of Standards in
Profession, Protecting the Interest of Clients and Promoting
the Rule of Law) Bill, 2010.
A Bill
for the establishment of the Legal Services Board and in
respect of its functions; to make provision for, and in
connection with, the regulation of persons who carry out the
activities of legal practitioners; to make provisions for
the establishment of an ombudsman for complaints against the
professionals and for a scheme to consider and determine
complaints against the legal practitioners; to make
provision in respect of providing legal services free of
charge and for connected purposes.
Be it
enacted by the Parliament in the 60 year of the Republic of
India, as follows: -
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.—This
Act may be called The Legal Practitioners (Regulation and
Maintenance of Standards in Profession Protecting the
Interest of Clients and Promoting the Rule of Law) Act,
2010.
(2)
It extends to the whole of India, except the State of Jammu
and Kashmir.
(3)
It shall come into force on such date as the Central
Government may, by notification, appoint; and different
dates may be appointed for different provisions of this Act
and for different States, and any reference to commencement
in any provision of this Act in relation to any State shall
be construed as a reference to the commencement of that
provision in that State.
2.
Definitions.—In
this Act, unless the context otherwise requires, –
(a)
“Board” means Legal Services Board constituted under this
Act.
(b)
“Clients” means the clients of the Legal Professionals who
engaged such Legal Professionals by executing a vakalatnama
/ letter of authority, by whatever name it may be known.
(c)
“Consumer of Legal Profession” includes the clients of legal
professionals and anyone who might have recourse to legal
services because of a legal issue and those who are using
or are may be contemplating using services provided by the
legal professionals in relation to the legal services
arising out of a legal issue.
(d)
“Legal Professionals” means the Advocates as defined in the
Advocates Act, 1961 and includes the qualified lawyers
engaged in legal practice confined to their chamber, engaged
in drafting and conveyancing, practitioner of income tax and
sale tax and those appearing before the relevant
authorities, giving advise to the clients for a fee, gain or
reward in the areas of customs, immigrations, trademark and
patent services and all other professional services where
legal issues are involved;
(e)
“Ombudsman” means the Ombudsman appointed under this Act for
redressing the grievances of the clients and consumers of
Legal Professionals.
(f)
“Professional Principles” include –
(i) that the Legal Professionals should act with
independence and integrity;
(ii) that the Legal Professionals should maintain proper
standards of work;
(iii) that the Legal Professionals should act in the best
interest of their clients;
(iv) that the Legal Professionals who are authorise to
appear before a court or tribunal, by virtue of being such
authorisation should comply with their duty to the court /
tribunal to act with independence in the interest of
justice;
(v) that the affairs of clients should be kept
confidential.
(g)
“Prescribed” means prescribed by rules made under this Act.
(2) Any reference in this Act to any other enactment or
any provision thereof shall, in relation to an area in which
such enactment or provision is not in force, be construed as
a reference to the corresponding law or the relevant
provision of the corresponding law, if any, in force in that
area.
CHAPTER
II
THE
REGULATORY OBJECTIVES
3.The
Regulatory objectives.
– (1) In this Act a reference to “the regulatory objectives”
is a reference to the objectives of—
(a)protecting
and promoting the public interest;
(b)supporting
the constitutional principle of the rule of law;
(c)improving
access to justice;
(d)protecting
and promoting the interests of the clients of the legal
practitioners;
(e)promoting
healthy competition amongst the legal practitioners for
improving the quality of service;
(f)encouraging
an independent, strong, diverse and effective legal
profession with ethical obligations and with a strong sense
of duty towards the courts and tribunals where they appear;
(g)creating
legal awareness amongst the general public and to make the
consumers of the legal profession well informed of their
legal rights and duties;
(h)promoting
and maintaining adherence to the professional principles.
CHAPTER
III
LEGAL
SERVICES BOARD
PART – 1
4.
Constitution of Legal Services Board. – (1) The
Central Government shall constitute a body to be called the
Legal Services Board to exercise the powers and perform the
functions conferred on, or assigned to it under this Act.
(2)
The Legal Services Board shall consist of –
(a) a
Chairman appointed by the President of India in consultation
with the Chief Justice of India and the Chairman of the Bar
Council of India.
(b) a
Member-Secretary appointed by the Central Government in
consultation with the Chief Justice of India and the
Chairman of the Bar Council of India possessing such
experience and qualifications, as may be prescribed by the
Central Government, to exercise such powers and perform such
duties under the Chairman of the Legal Services Board.
(c)
such number of other members, possessing such experience and
qualifications, as may be prescribed by the Central
Government, to be nominated by the Government in
consultation with the Chief Justice of India and Chairman of
the Bar Council of India. Out of these five members shall
be the Chairmen of the State Bar Councils, representing the
Northern, Southern, Western, Eastern and North-Eastern
regions of the country.
(3)
The Chairman of the Legal Services Board shall not, during
the appointment carry on any activity relating to practice
of law for or in expectation of any fee, gain or reward.
(4)
While appointing members of the Legal Services Board, other
than from the category of Chairman of the State Bar
Councils, regard shall be had such members have experience
or knowledge of in the field of –
(a) a legal professional; or
(b) imparting of legal education; or
(c) consumer affairs; or
(d) having been a Judge of the High Court; or
(e) experienced in competition law; or
(f) had been the member of a grievance redressal body at
the National level or State level; or
(5)
The terms of office and other conditions relating thereto,
of Chairman, Member-Secretary and other members shall be
such as may be prescribed by the Central Government in
consultation with the Chief Justice of India and the
Chairman of the Bar Council of India.
(6)
The Legal Services Board may appoint such number of other
employees as may be prescribed by the Central Government, in
consultation with the Chief Justice of India and the
Chairman of the Bar Council of India, for the efficient
discharge of its function under this Act.
(7)
The officers and other employees of the Legal Services Board
shall be entitled to such salary and allowances and shall be
subject to such other conditions of service as may be
prescribed by the Central Government in consultation with
the Chief Justice of India and Chairman of the Bar Council
of India.
(8)
The administrative expenses of the Legal Services Board
including the salaries, allowances and pensions payable to
the Chairman, Member-Secretary, Officers and other employees
of the Legal Services Board shall be defrayed out of the
Consolidated Fund of India.
(9)
All orders and decisions of the Legal Services Board shall
be authenticated by the Member-Secretary, members or other
officers of the Legal Services Board duly authorized by the
Chairman of the Board.
(10) No
act or proceeding of the Central Authority shall be invalid
merely on the ground of the existence of any vacancy in, or
any defect in the constitution, of the Legal Services Board.
5.
Arrangements for Assistance.
– (1) The Board may make arrangements with such persons as
it considers appropriate for assistance to be provided to
it.
(2)
Arrangements may include the paying of fees of such persons.
6.
Committees. – (1)
The Board may establish committees.
(2) Any
committee so established may establish sub-committees.
(3) Only
members of the Board may be members of a committee or
subcommittee.
7.
Proceedings. – (1)
The Board may regulate its own procedure, and the procedure
of its committees and sub-committees.
(2) The
quorum of a committee or sub-committee must not be less than
3.
(3) The
Board shall publish any rules of procedure made under this
Section.
8.
Quorum for the Meetings of the Board.
– (1) Quorum for the meetings of the Board shall be 3.
(2) The
Member-Secretary is entitled to participate in the meetings
with a right to vote.
(3) In
case of a division the Chairman of the Board may exercise
his casting vote.
9.
Delegation of Function.
– (1) The Board may authorise –
(a) the Chairman, the Member-Secretary or any other
Member of the Board;
(b) a Committee or sub-committee of the Board; or
(c) a member of staff appointed by the Board, to
exercise on behalf of the Board, such of its functions, in
such circumstances as it may determine.
10.
Accounts. – (1) The
Board must –
(a) keep proper accounts and proper records in relation
to the accounts; and
(b) prepare in respect of each financial year a
statement of accounts including the income and expenditure
account and a balance sheet in such forum and in such manner
as may be prescribed by the Central Government in
consultation with the Comptroller and Auditor General.
(2)
The accounts of the Board shall be audited by the
Comptroller and Auditor General of India at such intervals
as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the Board
concerned to the Comptroller and Auditor General of India.
11.
Levy of Contribution from the Members of Legal Profession.
– (1) The State Bar Councils Bar Council of India and the
Legal Services Board as the case may be, shall levy an
amount not exceeding Rs.25/- from the Legal Professionals by
insisting an affixing adhesive stamps on the vakalatnama /
letter of authorisation filed by the Legal Professionals in
the Courts /Tribunals or the institutions / officers where
they represent their client in the capacity of a legal
professional.
(2)
The Board shall from time to time by notification fix the
rate of such contributions.
12.
Board’s Power for Issuing Schemes & Guidelines to Promote
the Regulatory Objectives.
– (1) In discharging its functions for promoting the
regulatory objectives, the Board may issue guidelines or
schemes.
(2)
The guidelines and regulations shall be made in a way –
(a) which is compatible with the regulatory objectives;
and
(b) which the Board considers most appropriate for the
purpose of meeting those objectives; and
(c) The Board must have regard to the principles under
which the legal professional activities should be
transparent, accountable, proportionate, consistent and
targeted only at cases in which action is needed; and
(d) any other principle appearing to it to represent the
best legal professional practice.
13.
Standards of Regulation, Education and Training.
– (1) Notwithstanding anything contained in the Advocates
Act, 1961 the Board must assist in the maintenance and
development of standards in relation to –
(a) the regulation approved by the Bar Council of India
in relation to the activities of the advocates; and
(b) the education and training of the legal
professionals.
14.
Supplementary Powers.
– (1) The Board may do anything calculated to facilitate, or
incidental or conducive to, the carrying out of any of its
functions.
15.
Annual Report. –
(1) The Board shall prepare an Annual Report dealing with
the discharge of Board’s functions, the extent to which the
Board has met the regulatory objectives and such other
matters as the Central Government may from time to time
direct.
(2) A
copy of the Annual Report shall be laid before both houses
of Parliament.
PART – II
CONSUMER
PANEL
16.
Consumer Panel. –
(1) The Board shall establish and maintain a panel of
persons to be known as “the Consumer Panel” to represent the
interests of consumers and the clients of the legal
professionals.
(2)
The consumer panel shall consist of such consumers or
persons representing the interest of consumers as the Board
may appoint with the approval of the Central Government.
The Board may appoint one of the members of the consumer
panel to be the Chairman of the panel. The consumer panel
shall have a fair degree of representation of both the
consumers / clients of the legal professionals and those who
are using or may be contemplating using the services of the
legal professionals as consumers / clients.
(3)
The consumer panel shall not include –
(a) a member of the Board or its staff;
(b) an Ombudsman for legal complaints or of the staff of
such Ombudsman;
(c) a member of the government body or of the staff of
State Bar Council / Bar Council of India; or
(d) legal professionals.
(4)
The term of office and mode of removal of the Chairman and
members of the consumer panel shall be similar to those of
Chairman, Member-Secretary and Member of the Board.
17.
Procedure of the Consumer Panel.
– (1) The consumer panel may make such arrangements for
regulating its own procedure, as it thinks fit for relating
its procedure.
(2)
The consumer panel may establish committees or
sub-committees.
(3)
If the services of any other person is availed of by the
consumer panel or its committee, the Board may pay to that
person such remuneration and expenses as the Board may
determine.
18.
Representations made by the Consumer Panel.
– (1) Representations made by the consumer panel shall be
considered by the Board.
(2)
If the Board disagrees with the views expressed, or proposal
made, in the representations, it must give the consumer
panel a notice to that effect stating its reasons for such
disagreeing.
(3)
The consumer panel may publish such information as it thinks
fit about any representations made by it to the Board.
(4)
The Board must publish any notice it gives under sub-section
(2) in respect of those representations.
19.
Advice and Research Functions of the Consumer Panel.
– (1) The consumer panel may, at the request of the Board –
(a) carry out research for the Board;
(b) give advice to the Board;
(c) publish such information as it thinks fit about the
advice it gives and about the results of research carried
out by it.
(2)
The Board shall consider any advices given and results of
any research carried out under this section.
(3) All
expenditures in relation to the consumer panel shall be
borne by the Board.
PART III
OMBUDSMAN
20.
Ombudsman. – (1)
The Board may appoint a Chief-Ombudsman at its office and
Ombudsmen for each States for dealing with the complaints
against the legal professionals at the State level.
(2)
The State Governments shall provide the requisite staff and
infrastructural facilities for running the office of the
Ombudsman in each States.
21.
Qualification and Selection of Ombudsman.
– (1) No persons shall be appointed as Chief Ombudsman
unless he has held the post of a Judge of the High Court.
(2) The
Ombudsman for the State shall have held the post of a
District Judge.
(3) The
Ombudsman shall be selected by in consultation with the
Chief Justice of the State High Court and the Chairman of
the State Bar Council.
(4)
The Ombudsman shall hold office for a term of five years and
shall not be eligible for re-appointment.
(5)
The Ombudsman may resign his office at any time by writing
under his hand and address to the Chairman of the Board.
(6)
The Ombudsman may be removed from his office in accordance
of the provisions relating to the removal of the Chairman,
Member-Secretary and members of the Board.
22.
Procedure Before the Ombudsman.
– (1) On receipt of a complaint relating to a legal
professional, the Ombudsman shall issue notice to the legal
professional concerned and also to the complainant and shall
fix a date for inquiry into the complaint.
(2)
The Ombudsman shall examine the documents and the witnesses,
if any, on both sides and shall prepare his findings after
hearing both sides.
(3)
The report of the Ombudsman shall be forwarded to the
Disciplinary Committee of the Bar Council of the State with
a copy to the Board.
(4)
The report of the Ombudsman shall contain his own findings
about the allegations against the Legal Professional and the
proposals for taking necessary action.
(5)
The report of the Ombudsman shall be published in the manner
prescribed by the Rules.
(6)
The Disciplinary Committee of the Bar Council of the State
shall consider the report of the Ombudsman and if such
report is not accepted by the Bar Council reasons thereof
shall be recorded in writing and such reasons shall be
published in the manner prescribed by Rules with sufficient
justification.
(7)
The reasons for rejection of the recommendation of Ombudsman
shall be explained in detail which it is so published.
23.
Status of Ombudsman.
– (1) The Ombudsman and the employees of his, shall be
deemed to be public servants within the meaning of Section
21 of Indian Penal Code (45 of 1860).
PART IV
STATUS OF
THE BOARD
24.
Status.—(1) The
Board is not to be regarded –
(a) as a subordinate to any Government Department or as the
agent of the Government; or
(b) as enjoying ay status, immunity or privilege as provided
by any other law.
(2)
The Board shall be entitled to hold and purchase movable and
immovable properties for its efficient functioning and shall
have a body incorporate having a perpetual succession with a
common seal.
25.
Disqualification. –
(1) The President of India or the Central Government as the
case may be may remove, Chairman or Member-Secretary or
members from office who –
(a) has been adjudged as insolvent; or
(b) has been convicted of an office which, in the
opinion of the President of India or the Central Government
as the case may be, involved in moral turpitude; or
(c) has become physically or mentally incapable of
acting as such Chairman, Member-Secretary or members; or
(d) has acquired such financial or other interest as is
likely to affect prejudicially his functions as Chairman or
Member-Secretary or members; or
(e) has or so abused his position as to render his
continuance in office prejudicial to the public interest;
Provided that the Chairman, Member-Secretary or members
shall not be removed from his office on the grounds
specified in clauses (d) and (e), except on inquiry held in
accordance with the procedure prescribed.
26.
Procedure for Inquiry.
– (1) Whenever the President of India or the Central
Government is of the opinion that an allegation under
clauses (d) or (e) of Section 19 is required to be inquired,
they may hold an inquiry conducted by sitting judge of the
High Court.
(2) A
copy of the inquiry report along with a copy of the
allegations and a list of documents and witnesses shall be
delivered or cause to be delivered to the Chairman,
Member-Secretary or member against whom such inquiry was
conducted and shall require him to submit within such time
as may be allowed, a written reply or statement of his
defence.
(3)
If the allegations are admitted by the Chairman,
Member-Secretary or members, the President or Central
Government as the case ay be, record reasons and remove such
person.
(4)
Where the charges have been denied by the Chairman,
Member-Secretary or member, the President of India or the
Central Government as the case may be, appoint a sitting or
retried judge of the Supreme Court of India to inquire into
the truth of the allegation. A Presenting Officer may be
appointed to present the case on behalf of the President of
Indian or as the case may be, Central Government before the
judge so appointed.
(5)
The Inquiring Judge shall give opportunity to the Presenting
Officer to present the case and to examine witnesses and to
present evidence, if any. Thereafter the Chairman,
Member-Secretary or member shall be given opportunity to
present his defence.
(6)
The Inquiring Judge shall have power to call witnesses and
record their statements or receive evidence on affidavits or
call for production of documents or other relevant records,
which may be necessary for the inquiry.
(7)
Inquiring Judge may submit his report within a period of six
months or within such time as may be extended by the
President of India, as the case may be, by the Central
Government.
(8)
If the President of India or, as the case may be, Central
Government is satisfied that the charges are proved on the
basis of the report submitted by the Inquiry Judge, the
delinquent Chairman, Member-Secretary or member, as the case
may be, shall be removed.
CHAPTER
IV
LEGAL AID
TO THE FINANCIALLY WEAKER CONSUMERS.
PART – I
27.
Free Legal Services to the Financially Weaker Consumers /
Clients. – (1)
Every Legal Practitioner shall be duty bound to give free
legal services to the financially weaker consumers/clients
who fall just above the income levels prescribed under
Section 12(h) of the Legal Services Authorities Act, 1987.
28.
The Duty of Legal Professionals to provide honest and true
legal advice to the consumers/clients.
– (1) Every legal professional shall provide full
information regarding the legal position to consumer /
client relating his case. The services of the legal
professional shall be in such a manner as to give an
opportunity to the consumer / client to make informed
choices about the quality, access and value of the legal
services he requires.
PART –II
RELATIONSHIP BETWEEN THE LEGAL SERVICES BOARD WITH THE BAR
COUNCILS.
29.
Legal Services Board and the Bar Councils.
– (1) The Legal Services Board shall have full authority to
deal with the regulatory objectives in this Act and the Bar
Council of India and State Bar Councils shall continue to
exercise the functions assigned to them by Advocates Act,
1961.
(2)
The directions of the Legal Services Board relating to the
regulatory objectives of this act shall be the guiding
principles in so far as functioning, performance and
professional principles to be followed by all legal
professionals.
(3)
In discharging its regulatory functions assigned by the
Advocate Act, 1961, the Bar Council of India and the State
Bar Councils shall comply with the requirements of the
regulatory objectives in this act.
(4)
The Bar Council of India and State Bar council, shall, so
far as is reasonably practicable, act in a way –
(a) which is compatible with the regulatory objectives,
and
(b) which the Bar Councils consider most appropriate for
the purpose of meeting those objectives.
30.
Directions. –
(1) This section applies if the Board is satisfied –
(a) that an act or omission of the Bar Councils has and,
or is likely to have an adverse impact on one or more of the
regulatory objectives, and
(b) that the Bar Council has failed to comply with any
requirement imposed on it by or under this Act or any other
enactment; and
(c) that the Bar Council –
(i) has failed to ensure that the exercise of its
regulatory functions is not prejudiced by any of its other
functions, or
(ii) has failed to ensure that decisions relating to the
exercise of its regulatory functions are, so far as
reasonably practicable, taken independently from decisions
relating to the exercise of its representative functions.
(2)
If, in all the circumstances of the case, the Board is
satisfied that it is appropriate to do so, it may direct the
Bar Council to take—
(a)
in a case within subsection (1)(a), such steps as the Board
considers will counter the adverse impact, mitigate its
effect or prevent its occurrence or recurrence;
(b) in a
case within subsection (1) (b) or (c), such steps as the
Board considers will remedy the failure, mitigate its effect
or prevent its recurrence.
(3)
In a case within subsection (1)(a), before giving a
direction under subsection (2) the Board must in particular
consider the impact of giving the direction on the other
regulatory objectives.
(4) A
direction under subsection (2)—
(a)
may only require the Bar Council to take steps which it has
power to take;
(b)
may require a Bar Council to take steps with a view to the
modification of any part of its regulatory arrangements.
(5)
The Board may not exercise its powers under this section so
as to give a direction requiring a Bar Council to take steps
in respect of a specific disciplinary case or other specific
regulatory proceedings (as opposed to all, or a specified
class of, such cases or proceedings).
(6)
For the purposes of this section a direction to take steps
includes a direction which requires a Bar Council to refrain
from taking a particular course of action.
(7) The
power to give a direction under this section is subject to
any provision made by or under any other enactment.
(8) The
Board may take such steps as it regards as appropriate to
monitor the extent to which a direction under this section
is being, or has been, complied with.
(9) Where
the Board revokes a direction under this section, it must—
(a)
give the Bar Council to which the direction was given notice
of the revocation, and
(b)
publish that notice.
31.
Enforcement of Directions.
– (1) If the Bar council failed to comply with a direction
given under section 30, the Board may make an application to
the High Court under this section.
(2) On an
application under sub-section (1) of this Section, if the
High Court decides that the Bar Council has failed to comply
with the direction in question, it may order the Bar Council
to take such steps as the High Court directs for securing
that the direction is complied with.
32.
Public Censure. –
(1) If the Board is satisfied—
(a) that
an act or omission of the Bar Council has had, or is likely
to have, an adverse impact on one or more of the regulatory
objectives, and
(b) that
it is appropriate to act under this section in all the
circumstances of the case.
(2) The
Board may publish a statement censuring the Bar Council for
the act or omission.
(3)
Before publishing a statement of censure the Board shall
give notice to the Bar Council that it intends to publish
such a statement and setting out the terms of the proposed
statement indicating the acts or omissions of the Bar
Council.
(4) The
notice under Section (3) shall specify that the Bar Council
has 30 days time before the expiry of which the
representations with respect to the proposed statement of
censure may be made. (5) Before publishing the statement
the Board must consider any representations which are duly
made.
(6) The
above procedure shall be followed in the case of any
variations proposed to be made in the statement of censure.
33.
Intervention Directions.
– (1) The Board has power to issue directions by way of
interventions in relation to any of the functions of the Bar
Councils. If the circumstances mentioned in sub-section (1)
of Section 32 appear in relation to such functions.
(2)
If the Bar Council does not obey such directions of
interventional nature, the Board may approach the High court
for orders for implementation of such directions by the Bar
Council.
34.
Revocation of Directions.
– (1) The Board may revoke at any time the directions or
intervention directions issued to the Bar Council.
CHAPTER V
THE
BOARD’S POWER TO REGULATE THE LEGAL PROFESSIONALS OTHER THAN
THOSE COVERED BY THE ADVOCATES ACT, 1961
35.
Board Powers to Function as Regulator.
– (1) Until competent regulatory bodies are established by
the Central Government or State Government as the case may
be, the Legal Services Board shall function as the regulator
for the regulatory objectives under this act for legal
professionals other than those covered by the Advocates Act,
1961 as enumerated in Schedule I.
(2)
The Central Government or the State Government as the case
may be appoint or designate regulatory with powers of
granting licence to such legal professionals.
(3)
The Central Government may by notification add or delete any
profession in Schedule-I.
36.
The Board may encourage multi-disciplinary services for the
Legal Professionals.
– (1) In order to make the services of the legal
professionals to be more holistic and effective, the Legal
Services Board shall encourage the legal professionals to
join hands with other disciplines and professions to give
comprehensive services to the clients or consumers.
CHAPTER
VI
MISCELLANEOUS
37.
Act to have overriding effect.
– (1) The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in
any other law for the time being in force in any instrument
having effect by virtue of any law other than this Act.
38.
Power to remove difficulties.
– (1) If any difficulty arises in giving effect to the
provisions of this Act, the Central Government may, by order
published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as appear to it
to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry
of a period of two years from the date on which this Act
receives the assent of the President.
(2)
Every order made under this section shall, as soon as may be
after it is made, be laid before each House of Parliament.
39.
Power of Central Government to make rules.
– (1) The Central Government in consultation with the Chief
Justice of India may, by notification, make rules to carry
out the provisions of this Act.
(2) In
particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of
the following matters, namely: -
(a) the experience and qualifications of the
Member-Secretary of the Board;
(b) the condition of service and the salary of the
Chairman, Member-Secretary and members of the Board and the
Ombudsman;
(c) the number of officers and other employees of the
Legal Services Board and the Chief Ombudsman and other
Ombudsman in the States;
(d) any other matter which is to be, or may be
prescribed.
40.
Laying of rules and regulations.
– (1) Every rule made under this Act by the Central
Government shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in
session, for a total period of 30 days which may be
comprised in one session, or in two or more successive
sessions, and if, before the expiry of the session
immediately following the session or the successive session
aforesaid, or both Houses agree in making any modification
in the rule, or both House agree that the rule or regulation
should not be made, the rule or regulation shall thereafter
have effect only in such modified form or be of no effect,
as the case may be; so however, that any such modification
or annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation.
SCHEDULE
– I
(See
Section 35)
