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.

AI Summary

Questions Arise on Compliance with Section 159 of the Customs Act: Are Rules Consistently Presented Before Parliament? A discussion on a forum raises questions about Section 159 of the Customs Act, which mandates that certain rules, notifications, and orders be presented before Parliament. The query seeks clarification on whether these are consistently laid before Parliament, how modifications by Parliament are communicated, and the consequences if they are not presented. An expert suggests searching online or on the Lok Sabha and Rajya Sabha websites for relevant notifications and amendments. The original poster acknowledges the response, emphasizing the need for public awareness of such legislative processes.