LAYING BEFORE PARLIAMENT CERTAIN NOTIFICATIONS AND ORDERS

[DR.MARIAPPAN GOVINDARAJAN]

Dear Experts,

Section 159 of the Customs Act reads as follows:

SECTION 159. Rules, certain notifications and orders to be laid before Parliament. - Every rule or regulation made under this Act, every notification issued under sections 11, 11B, 11H, 11-I, 11K, 11N, 14, 25, 28A, 43, 66, 69, 70, 74, 75, 76, 98, 98A, 101 and 123 and every order made under sub-section (2) of section 25, other than an order relating to goods of strategic, secret, individual or personal nature, shall be laid, as soon as may be after it is made or issued, 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 or regulation or notification or order, or both Houses agree that the rule or regulation should not be made or notification or order should not be issued or made, the rule or regulation or notification or order 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 or regulation or notification or order.

Every Act has such provision to lay notifications and orders to be laid down before Parliament. I want to know whether such notifications and orders are laid before Parliament and the Parliament agrees with the said notifications and orders. If there is any change made by the Parliament how could we know? If the said notifications and orders are not laid down before the Parliament what is the consequence?

In my view it must be mandatorily to be informed to the Public.

Views of the experts are solicited.

[Guest]

you may search on google or websites of lok sabha and rajya sabha with notification number and date of laying down may appear. Any amendment may also appear

[DR.MARIAPPAN GOVINDARAJAN]

Thank you, Sir.

AI Summary

Parliamentary laying requirement ensures public access to notifications and records to verify statutory rules and any modifications. Section 159 requires specified rules, notifications and orders under the Customs regime to be laid before Parliament so both Houses can modify or annul them within the allotted parliamentary period, with modifications applying prospectively. The query asks whether such instruments are actually laid, how to verify parliamentary agreement or modification, and what consequences arise for failure to lay instruments; an expert advised consulting parliamentary records or the Lok Sabha and Rajya Sabha websites for laying dates and any amendments.