1. The Central Government may, by notification, make rules for carrying out the provisions of this Act.
2. Without prejudice to the generality of the provisions of sub-section (1 ), the Central Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provision is to be or may be made by rules.
3. Any rule made under sub-section (1 ) may provide that a contravention thereof shall be punishable with fine which may extend to five thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which such contravention continues.
4. Every rule made under this section and every regulation made by Securities and Exchange Board 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 regulation or both Houses 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.
Legal Commentary & Landmark Judgments: Section 469
Section 469 is the omnibus rule-making provision of the Companies Act, 2013, conferring plenary delegated authority on the Central Government to make rules for carrying out the purposes of the Act.
When challenging an MCA rule (such as filing requirements or director disqualification rules), file a writ petition under Article 226 demonstrating that the rule exceeds the specific rule-making mandate under Section 469 or conflicts with the substantive text of the parent section.