ANNEXURE-F
EXTRACTS FROM
THE HIMACHAL PRADESH GENERAL CLAUSES ACT, 1968
3. Coming into operation of enactments.- Where any Himachal Pradesh Act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which the assent thereto of the Governor or the President of India, as the case may require, is first published in the Official Gazette.
20. Power to make, to include power to add to, amend, vary or rescind orders, rules, or bye-laws.- Where, by any Himachal Pradesh Act, a power to issue notifications or make orders, rules, or bye-laws is conferred , then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules, or bye-laws so issued or made.
21. Making of rules or bye-laws and issuing of orders between passing and commencement of enactment.- Where, by any Himachal Pradesh Act, 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 Act, or with respect to the establishment of any Court or office or the appointment of any Judge or officer thereunder, 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 Act, then that power may be exercised at any time after the passing of the Act, but rules, bye-laws or orders so made or issued shall not take effect till the commencement of the Act.
22-A. Rules to be laid before the State Legislative Assembly.- (1) Every rule made under any Himachal Pradesh Act by the Government of Himachal Pradesh on or after the commencement of the Himachal Pradesh General Clauses (Amendment) Act, 1985(5 of 1985), shall be laid, as soon as may be after it is made, before the State Legislative Assembly, while it is in session, for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or agrees 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.
(2) Where any Central Act, in force in or applicable to the State of Himachal Pradesh and relating to matters with respect to which the State Legislature has power to make laws for the State of Himachal Pradesh, confers power on the State Government to make rules thereunder, then subject to any express provisions to the contrary in such Act, the provisions of sub-section(1) shall mutatis mutandis apply to the rules made by the State Government in exercise of that power.
23. Continuation of orders, etc. issued under enactments repealed and re-enacted.- Where any Himachal Pradesh Act is repealed and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the repealed Act, 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, notification, order, scheme, rule, form or bye-law made or issued under the provisions so re-enacted.