Industries (Development and Regulation) Act, 1951
30. Power to make rules
(1) The Central Government may, subject to the condition of
previous publication, make rules for carrying out the purposes 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 constitution of the Advisory Council
and Development Councils, the term of office and other conditions of service
of, the procedure to be followed by, and the manner of filling casual vacancies
among members of the Advisory Council or a Development Council;
(b) the form of the statement of account to be
furnished by a Development Council;
(c) the intervals at which, the time within
which, and the manner in which the cess leviable under section 9 shall be
payable and the rebate for the prompt payment of such cess.
(d) the expenses which a Development Council
may meet from the proceeds of the cess levied under section 9 which may have been
handed over to it;
(e) the appointment by or with the approval of
the Central Government of any officers of a Development Council;
(f) the facilities to be provided by any
industrial undertaking for the training of technicians and labor;
(g) the collection of any information or
statistics in respect of any scheduled industry;
(h) the manner in which industrial
undertakings may be registered under section 10 and the levy of a fee therefor;
(i) the procedure for the grant or issue of
licenses and permissions under sections 11, section 11A, section 13 or section
29B, the time within which such licenses or permissions shall be granted or
issued including, in particular, the publication of notices calling for
applications and the holding of such public inquiry in relation thereto as may
be necessary in the circumstances;
(j) the fees to be levied in respect of
licenses and permissions issued under this Act;
(k) the matters which may be taken into
account in the granting or issuing of licenses and permissions, including in
particular, the previous consultation by the Central Government with the
Advisory Council or any Development Council or both in regard to the grant or
issue of any such licenses or permissions;
(l) the procedure to be followed in making any
investigation under this Act;
(m) the conditions which may be included in
any licenses and permissions;
(n) the conditions on which licenses and
permissions may be varied or amended under section 12;
(o) the maintenance of books, accounts and
records relating to an industrial undertaking;
(p) the submission of special or periodical
returns relating to an industrial undertaking by persons having the control of,
or employed in connection with, such undertaking, and the forms in which, and
the authorities to which such returns and reports shall be submitted;
(pp) any matter which is to be or may be
prescribed for giving effect to the provisions of Chapter IIIAA or Chapter
IIIAC;
(q) any other matter which is to be or may be
prescribed under this Act;
(3) Any rule made under this section may provide that a
contravention thereof shall be punishable under section 24.
(4) Every rule made under this section shall be laid, as soon as
may be after it is made before the 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 session aforesaid, both
houses agree in making any modification in the rule or both house 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 done under that rule.