Lok Sabha Question No. 1399 (UNSTARRED), answered on 2019-11-27
Subject: Framing of Rules for Legislation
Ministry: LAW AND JUSTICE
Asked by: Sangeeta Kumari Singh Deo, Vinod Kumar Sonkar, Raja Amareshwara Naik, Sukanta Majumdar, Bhola Singh

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT LOK SABHA UNSTARRED OUESTION No. 1399 TH

## TO BE ANSWERED ON WEDNESDAY, 27 NOVEMBER, 2019.

## Framing of rules for Legislation

1399.  SHRIMATI SANGEETA SHRI VINOD KUMAR SONKAR: SHRI RAJA AMARESHWARA NAIK: DR. SUKANTA MAJUMDAR: SHRI BHOLA SINGH: Will the Minister of LAW AND JUSTICE be pleased to state: (a) whether Manual of Parliamentary Procedure (MoP) stipulates that rules and regulations  would  be framed within a period of six months from the date on which the relevant statute came into force; (b) if so, the details thereof; (c)  whether  only  2  to  5  percent  of  rules/regulations/bye-laws  are  framed  by  the  concerned Ministries/Departments and if so, the details thereof and the reason therefor; (d) whether the time taken for framing rules of legislation after publication of approval in the official gazette exceeds a time limit of 15 days as of the MoP and if so, the details thereof; and (e) the remedies adopted by the Government to frame the rules of all legislations within the time limit

- and reduce the delays associated with framing the rules?

## ANSWER MINISTER OF LAW & JUSTICE,

## COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) Yes, Sir.
- (b) Para 11.3.1 of the Manual of Parliamentary Procedure, stipulates that rules/regulations/ bye-laws would be framed within a period of six months from the date on which relevant statute came into force.
- (c) As per the Government of India (Allocation of Business) Rules, 1961, the subject matter relating to framing of rules, regulations etc. under different statutes have been allocated to various  Ministries/Departments.  No  data  in  this  respect  is  centrally  maintained  by  the Government.
- (d) & (e) Paragraph 11.5.1 of the of Parliamentary Procedure provide for laying of rules etc. on the Table of the House as soon as possible and, in any case, within a period of 15 under the (30 days in case of notification relating to state under Presidents' rule), reckoned from:
- (a) the date of their publication in the Official Gazette if the House is in session; or
- (b) the date of commencement of the next session, if the House is not in session.

No data in this respect is centrally maintained by the Government.

- (f) For  monitoring  of  the  framing  of  subordinate  legislation  under  the  Acts  enacted  by Parliament  and  notifying  the  same,  a  module  for  updating  the  status  of  subordinate legislation  has  been  included  in  the  e-SamikSha  portal.  The  framing  of  subordinate legislation  is  being  monitored  through  eSamikSha  portal.  Further,  the  Parliamentary Standing Committee on subordinate legislation is continuously monitoring as to whether Ministries/Departments have framed the subordinate legislation under the Acts administered  by  them.  The  Committee  is  also  holding  periodical  meetings  with  the Secretaries of the Ministries/Departments regarding subordinate legislation.