23. Provisions applicable to making of rules or bye-laws after previous publication. -
(1)Where, by any [Uttar Pradesh] [Substituted by the A.O.1950.] Act, 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 -(a)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;(b)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 for 'Central Government or, as the case may be, the Provincial Government', by A.O.1951.] prescribes;(c)there shall be published with tire draft a notice specifying a date on or after which the draft will be taken into consideration;(d)the authority having power to make with 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 objection 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;(e)the publication in the [Official Gazette] [Substituted for 'Gazette' by the A.O.1937.] 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.(2)[ The date referred to in clause (c) of sub-section (1) shall not be a date earlier than the day of expiration of a period of one month from the date of publication of the draft of the proposed rules or bye-laws under clause (a) of that sub-section.(3)Notwithstanding the provisions of sub-sections (1) and (2), where the State Government is satisfied that circumstances exist which render it necessary for it to make rules or bye-laws with immediate effect or with effect from a date earlier than a period of one month, it may make any such rules or bye-laws without previous publication or, as the case may be, fix a date referred to in clause (c) of sub-section (1) earlier than the day of expiration of a period of one month from the publication of the draft of the proposed rules or bye-laws.] [Inserted by U.P. Act No. 54 of 1975 (w.e.f. 21.10.1975).][23A. Date of coming into effect of rules and the control of Legislature over them. - (1) All rules made by the State Government under an Uttar Pradesh Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less than thirty days, which may be comprised in one session or two or more successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may, during the said period, agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.(2)Where any Central Act, in force in or applicable to Uttar Pradesh and relating to matters with respect to which the State Legislature has power to make laws for Uttar 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.] [Inserted by U.P. Act No. 54 of 1975 (w.e.f. 21.10.1975).]
