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The Central Government is a statutory functionary. Its functions are
circumscribed by Section 70 of the Act only. It has not been authorized to
make any rule. Such rule making power has been entrusted only to the
State. The Central Government has, thus, no say in the matter nor can it
exercise such power by resorting to its power 'to remove difficulties'.
Rule
making power is a separate power which has got nothing to do with the
power to remove difficulty. By reason of the power to remove difficulty or
doubt, the Central Government has not been conferred with any legislative
power. The power to remove doubt or difficulty although is a statutory
power but the same is not akin to a legislative power and, thus, thereby
the
provisions of the Act cannot be altered. [See M/s Jalan Trading Co. Private
Ltd. vs. Mill Mazdoor Sabha AIR 1967 SC 691 at 703]
The age of the delinquent juvenile, therefore, cannot be determined
in
terms of the model rules 62. Any law mandating the court to take into
consideration certain documents over others in determining an issue, must
be
provided for only by law. Only a validly made law can take away the
power of the court to appreciate evidence for the purpose of determination
of
such a question in the light of Section 35 of the Indian Evidence Act. It
cannot be done by the Central Government in exercise of the executive
power. (See Union of India Vs. Naveen Jindal, (2004) 2 SCC 510 and State
of U.P. Vs. Johri Mal, (2004) 4 SCC 714)
In Birad Mal Singhvi vs. Anand Purohit [AIR 1988 SC 1796] , this
Court held :