Cantonments Act,1924
Act No : 2
Section : SUPPLEMENTAL PROVISIONS RESPECTING RULES
SECTION 281: SUPPLEMENTAL PROVISIONS RESPECTING RULES
- (1) A rule undersection 280may be made either generally for all cantonments or for the whole or any part of any one or more cantonments- b(1A) the power to make rules underclause (c) of sub-section (2) ofsection 280, shall include the power to give retrospective effect from a date not earlier than the date of commencement of the Cantonments (Amendment) Act, 1983, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable: Provided that where any rule has to be given retrospective operation the reasons therefor and the effect of giving such retrospective operation shall be published along with the draft of the rules when such draft is published for eliciting public opinion under sub-section (1) ofsection 280.]
(2) Allc[rules made under this Act] shall be published in thea[Official Gazette] and in such other manner, if any as thea[Central Government] may direct and, on such publication, shall have effect as if enacted in this Act.
b[(3) Every rule made by the Central Govt. under this Act 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 thirty 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 sessions aforesaid; both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule 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.
Art 15 of 1983, Clause 158.- Difficulties have arisen with regard to rules framed under the Act relating to service conditions which had to be given retrospective effect. However, this could not be done in absence of an enabling provision in the Act. It is now proposed to amendsection 281of the Act suitably with adequate safeguards. New sub-section (3) provides for laying of the rules made by Central Government before each House of Parliament as per recommendations of the Committee on Subordinate Legislation- Gaz. of lr.d., 9-7-1982, Pt. II, S. 2, Ext., P. 59 (No. 26)
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