Chapter VI SUBORDINATE LEGISLATION

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 of the enactment or with respect to the establishment of any court or office or the appointment of any judge or officer thereunder too 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 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, froms 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 condition (if any) as the power to issue the rules, notifications, orders, schemes, froms, or bye-laws.

Where by any enactment, 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— (a) 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; (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 (c) There shall be published with the draft, a notice specifying a date on or after which the draft will be taken into consideration (d) 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 an other 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 persons with respect to the praft before the date so specified; (e) The publication in the 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 publi— cation shall be conclusive proof that the rules or bye-laws have been duly made.

Where, any enactment is repealed and re-enacted, or with or without modification, then, unless it is otherwise expressly provided, any appointment, rule notification, order, scheme, from or bye-law made or issued under the repealed enactment, shall, so far, as it is not inconsistent with the provisions 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 to issue any rule, notification, order scheme, form or bye-law is conferred then, expressions used in the rule, notification, order, scheme, form or bye-law; shall; unless a different intention appears, have the same respective meanings as in the enacted, conferring the power.

Every rule ma4e under any enactment shall be published in the official Gazette and and shall, in the absence of an express provision to the contrary eithcr in the rule or in the enactment under which it is made, come into force on the day on which it is published in the official Gazette.

(1) Every rule made by the Government of Nagaland under any enactment shall be laid as soon as may be after it is made before the Legislative Assembly of Nagaland 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 rejudiee to the vailidity of anything previously done under that rule. (2) Any provision in an enactment may Legislative Assembly in accordance with the provisions of sub-section (1) it shall, on the expiry of two successive sessions imipediately following the publication of the rule, cease to have effect, without prejudice to the validity of anything previously done under that rule.