Section 26 in The Bihar and Orissa General Clauses Act, 1917
26. Provisions applicable to making of rules or bye-laws after previous publication.
- Where, by any Bihar and Orissa Act [or Bihar Act] [Inserted by A.O. 1937.], a power to make rules or bye-laws is expressed to be given, subject to the condition of the rules or bye-laws being made after previous publication, then the following provisions shall apply, namely,-(1)the authority having power to make the rules or bye-laws shall, before making them, publish a draft of the proposed rules or bye-laws for the information of persons likely to be affected thereby;(2)the publication shall be made in such manner as that authority deems to be sufficient, or if the condition with respect to previous publication so requires, in such manner as [the Government concerned] [Substituted by A.L.O. for 'the Central Government or, as the case may be, the Provincial Government.] prescribes;(3)there shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;(4)the authority having power to make the rules or bye-laws and where the Rules or bye-laws are to be made with sanction, approval or concurrence of another authority, that authority also, shall consider any objections or suggestion which may be received by the authority having power to make the rules or bye-laws from any person with respect to the draft before the date so specified;(5)the publication in the [Official Gazette] [Substituted by A.O. for 'Gazette'.] of a rule or bye-law purporting to have been made in exercise of a power to make rules or bye-laws after previous publication shall be conclusive proof that the rule or bye-law has been duly made.
