General Clauses Act, 1897
23. Provisions applicable to making of rules or bye-laws
after previous publication
Where, by any 13[Central Act] or Regulation, a power to make
rules or bye-laws is expressed to be given subject to the condition of the
rules or bye-laws being made after previous publication, then the following
provisions shall apply, namely,-
(1) the authority having power to make the rules or bye-laws
shall, before making them, publish a draft of the proposed rules or bye-laws
for the information of persons likely to be affected thereby;
(2) the publication shall be made in such manner as that
authority deems to be sufficient, or, if the condition with respect to previous
publication so requires, in such manner as the 29[government concerned]
prescribes;
(3) there shall be published with the draft a notice specifying
a date on or after which the draft will be taken into consideration;
(4) the authority having power to make the rules or bye-laws, and,
where the rules, or bye- laws are to be made with the sanction, approval or
concurrence of another authority, that authority also, shall consider any
objection or suggestion which may be received by the authority having power to
make the rules or bye-laws from any person with respect to the draft before the
date so specified;
(5) the publication in the 30[Official Gazette] of a rule or
bye-law purporting to have been made in exercise of a power to make rules or
bye-laws after previous publication shall be conclusive proof that the rule or
bye-law has been duly made.