Section 36 RDDBFI Act: Power to make rules

Power to make rules

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Central Government may, by notification, make rules to carry out the provisions of this Act

(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely,-

(a) the salaries and allowances and other terms and conditions of service of the Chairpersons, the Presiding Officers, Recovery Officers and other officers and employees of the Tribunal and the Appellate Tribunals under sections 7, 12 and 13;

(b) the procedure for the investigation of misbehavior or incapacity of the Chairpersons of Appellate Tribunals and the Presiding Officers of the Tribunals under sub-section (3) of section 15;

(c) the form in which an application may be made under section 19, the documents and other evidence by which such application shall be accompanied and the fees payable in respect of the filing of such application;

(d) the form in which an appeal may be filed before the Appellate Tribunal under section 20 and the fees payable in respect of such appeal;

(e) any other matter which is required to be, or may be, prescribed.

2 [(3) Every Notification issued under sub-section (4) of section 1, section 3 and section 8 and every rule made by the Central Government 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 notification or rule or both Houses agree that the notification or rule should not be issued or made, the notification or 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 notification or rule.]

Legal Commentary & Landmark Judgments: Section 36

Section 36 commands that every rule made by the Central Government under the Act shall be laid before each House of Parliament, establishing mandatory legislative oversight and scrutiny over subordinate legislation.

Mandatory Parliamentary Laying Requirement: Section 36 mandates that every rule made under the 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.
Cumulative Period of Deliberation: The statutory thirty-day period may be comprised in one session or in two or more successive sessions, providing Parliament with adequate opportunity to examine executive rule-making.
Legislative Modification and Annulment Mechanism: If both Houses agree in making any modification in the rule, or agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, without prejudice to the validity of anything previously done.

Key Landmark Precedents:

Atlas Cycle Industries Ltd. v. State of Haryana (1979) 2 SCC 196: The Supreme Court held that the requirement of laying statutory rules before Parliament serves as an essential constitutional check by the legislature over delegated executive authority, affirming the supremacy of parliamentary oversight.
Quarry Owners' Association v. State of Bihar (2000) 8 SCC 655: The Supreme Court ruled that parliamentary laying clauses ensure transparency and maintain legislative accountability over delegated subordinate legislation framed under primary statutes.

Courtroom Practice & Strategic Litigation Guidance:

In mounting an administrative law challenge against any new procedural or fee regulation issued by the Ministry of Finance, verify whether the rule was duly laid before Parliament under Section 36. An executive circular attempting to implement substantive rules without parliamentary tabling is susceptible to constitutional challenge for bypassing mandatory legislative oversight.

Section 36: Power to make rules

Power to make rules

Legal Commentary & Landmark Judgments: Section 36