Chapter VI Powers and Functionaries

Where, by any enactment which is not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-laws or to issue orders with respect to the application of the enactment or with respect to the establishment of any court or office or the appointment of any judge or officer there under or with respect to the person by whom, or the time when, or the place where , or the manner in which , or the fees for which, anything is to be done under the enactment, then, unless a different intention appears, that power may be exercised at any time after the passing of the enactment , but rules, bye laws or orders so made or issued shall not take effect till the commencement of the enactment.

Where, by any enactment, a power to issue rules, notifications, orders, schemes, forms or bye-laws is conferred, then, unless a different intention appears that power includes a power to add to, amend, vary or rescind any rules, notifications, orders, schemes, forms or bye-laws so issued in the same manner and subject to the same sanction and conditions(if any) as the power to issue the rules, notifications, orders, schemes, forms or bye-laws.

Where, by any enactment, a power to make rules 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. (a) the authority having power to make the rules or byelaws, 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. (b) 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 Government may prescribe ;
3. (c) there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration.
4. (d) the authority having power to make the rules or byelaws, 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. (e) the publication in the official Gazette of a rule or byelaw 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.

Where, nay enactment is repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, rule, notification, order, schemes, form or bye-law made or issued under the repealed enactment, shall re-enacted, continue in force and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, rule, notification, order, scheme, form or bye-law made or issued under the provisions so re-enacted.

Where, by any enactment, a power issue any rule, notification, order, scheme, form or bye-law is conferred, then , expressions used in the rule, notification, order, scheme, form or by- law shall unless a different intention appears, have the same respective meanings as in the enactment conferring the power.

Every rule made under any enactment shall be published in the official Gazette and shall, in the absence of an express provision to the contrary either in the rule or in the enactment under which it is made, come into force on the day on which is published in the official Gazette.

1. (1) Every rule made by the Government of Meghalaya under any enactment shall be laid as soon as may be after it is made before the Legislative Assembly of Meghalaya while it is in session for a total period of ten days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or resolves 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. "1*(2) Every rule made by the Government of Meghalaya under any Central Act applying in the State shall be laid as soon as may be after it is made before the Legislative Assembly of Meghalaya and the provisions of sub-section (1) shall apply as they provisions of subsection (1) shall apply as they apply in the case of a rule made under any State enactment. "