Motor Vehicles Act Section 212 — Publication, commencement and laying of rules and notifications
CHAPTER XIV MISCELLANEOUS
Civil
Summary
Sub-section (1) states that the power to make rules under this Act is subject to the condition that the rules must be made after previous publication. This means the rules cannot be finalised without first being published in draft form for public knowledge.
Sub-section (2) provides that all rules made under this Act must be published in the Official Gazette. Unless a later date is specifically appointed, the rules come into force on the date of that publication.
Sub-section (3) requires that every rule made by a State Government must be laid before the State Legislature as soon as possible after it is made.
Sub-section (4) covers rules, schemes, and notifications made by the Central Government. It lists specific provisions under which these are made, including certain schemes under section 75 and section 163, and notifications under various sections such as 41, 58, 59, 112, 118, 163A, 164, 177A, and 213. These must be laid before each House of Parliament while it is in session for a total period of thirty days, which may be spread across one or more successive sessions. If, before the expiry of the session immediately following, both Houses agree to modify the rule, scheme, or notification, or agree that it should not be made or issued, then it takes effect only in the modified form or has no effect at all. However, any such modification or annulment does not affect the validity of anything already done under that rule, scheme, or notification.
Sub-section (5) applies to notifications issued by a State Government under section 210A. Such a notification must be laid before each House of the State Legislature if it has two Houses, or before the single House if the legislature has only one House, while it is in session for a total period of thirty days, which may be spread across one or more successive sessions. If, before the expiry of the session immediately following, the House or both Houses agree to modify the notification or agree that it should not be issued, the notification takes effect only in the modified form or has no effect at all. Any such modification or annulment does not affect the validity of anything already done under that notification.
Official Text
(1) The power to make rules under this Act is subject to the condition of the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into force on the date of such publication.
(3) Every rule made by any State Government shall be laid, as soon as may be after it is made before the State Legislature.
(4) Every rule made by the Central Government under this Act, every scheme made by the Central Government under sub-section (1) of section 75 and sub-section (1) of section 163 and every notification issued by the Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section (1) of section 59, the proviso to sub-section (1) of section 112, 1[section 118] 2[sub-section (4) of section 163A] 3[section 164, section 177A] and sub-section (4) of section 213 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, scheme or notification or both Houses agree that the rule or scheme should not be made or the notification should not be issued, the rule, scheme or notification 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, scheme or notification. 1[
(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, 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, the House agrees or both Houses agree, as the case may be, in making any modification in the notification or the House agrees or both Houses agree, as the case may be, that the notification should not be issued, the notification 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.]