Section 86: Laying of rules

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 86

Section 86 mandates legislative oversight by requiring that every rule made by the Central or State Government and every regulation made by the Authority be laid before Parliament or the State Legislature.

  • Parliamentary Tabling: Central Rules laid before each House of Parliament while in session for a total period of 30 days.
  • State Legislative Tabling: State Rules and Authority Regulations laid before the State Legislature as soon as they are made.
  • Legislative Modification Power: If the Legislature agrees in making any modification or decides the rule/regulation should not be made, it shall thereafter have effect only in modified form or be of no effect.
  • Validation of Prior Actions: Any modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
Key Landmark Precedents:
  • Atlas Cycle Industries Ltd. v. State of Haryana, (1979) 2 SCC 196: The Supreme Court analyzed the legal effect of legislative laying provisions, holding that tabling ensures democratic oversight over subordinate delegated legislation.
  • Jan Mohammad Noor Mohammad Bagban v. State of Gujarat, AIR 1966 SC 385: Affirmed that laying clauses maintain constitutional accountability while preserving immediate administrative enforceability.
Courtroom Practice & Strategic Litigation Guidance:

State RERA rules acquire reinforced statutory stability once laid before the State Legislative Assembly without modification under Section 86.