Section 24 in The Gujarat General Clauses Act, 1904
24. Provisions applicable to making of rules or by-laws after previous publications.
- Where, by any Bombay Act [or Gujarat Act] [The words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] a power to make rules or bylaws is expressed to be given subject to the condition of the rules or by-laws being made after previous publication, then the following provisions shall apply, namely(a)the authority having power to make the rules or by-laws shall, before making them, publish a draft of the proposed rules or by-laws for the information of persons likely to be affected thereby;(b)the publication shall be made in such manner as that authority deems lo be sufficient or, if the condition with respect to previous publication so requires, in such manner as the [Central Government, or as the case may be, the [State] [The words 'Central Government, or as the case may be, the Provincial Government' were substituted for the words 'Local Government', by Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] Government] prescribes;(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 by-laws, and, where the rules or by-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or by-laws from any person with respect to the draft before the date so specified;(e)the publication in the [Official Gazette] [These words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Laws Order, 1950.] of a rule or by-laws purporting to have been made in exercise of a power to make rules or by-laws after previous publication shall be conclusive proof that the rule or by-law has been duly made.
