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MODEL RULES :

We, however, do not agree that the model rules have been framed in terms of the provisions of the Act so as to attract the principles that rules validly framed are to be treated as part of the Act. It is one thing that the rules validly framed are to be treated as part of the Act as has been held in Chief Forest Conservator (Wildlife) and Others Vs. Nisar Khan [(2003) 4 SCC 595] and National Insurance Co. Ltd. Vs. Swaran Singh and Others [(2004) 3 SCC 297] but the said principle has no application herein as in terms of the provisions of the said Act, the Central Government does not have any authority to make any rules. In absence of any rule making power it cannot refer to the omnibus clause of power to remove difficulty inasmuch as it has not been stated that framing of any model rule is permissible if a difficulty arises in giving effect to the provision of the Act. 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 :