Home | Databases | WorldLII | Search | Feedback Indian Numbered Acts

LAND PORTS AUTHORITY OF INDIA ACT 2010

THE LAND PORTS AUTHORITY OF INDIA ACT, 2010
NO. 31 OF 2010
[31st August, 2010.]
An Act to provide for the establishment of the Land Ports Authority of India to put in
place
systems which address security imperatives and for the development and
management of facilities for cross border movement of passengers
and goods at
designated points along the international borders of India and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-first Year of the Republic of India as
follows:--
CHAPTER I
PRELIMINARY
1. Short title and
commence-ment. - (1) This Act may be called the Land Ports
Authority of India Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint, and different
dates may be appointed for different
provisions of this Act, and any reference in any such provision to the commencement of
this
Act shall be construed as a reference to the coming into force of that provision.
2. Definitions. - In this Act, unless the context
otherwise requires,--
(a) "Authority" means the Land Ports Authority of India constituted under
section 3;
(b) "Chairperson" means
the Chairperson of the Authority appointed under
clause (a) of sub-section (3) of section 3;
(c) "immigration check post" means any
port or place of departure on the land
as notified under the Foreigners' Act, 1946;
(d) "integrated check post" means any land port, as the Central Government
may, by notification in the Official Gazette, specify;
(e) "land customs station" means any place notified as such by the Central
Government under clause (b) of sub-section (1) of section
7 of the Customs Act,
1962 for the clearance of goods imported or to be exported by land or inland water;
(f) "land port" means an area on the international
borders of India including
portions of national highways, State highways and other roads, notified as land
customs station or immigration
check post under the Customs Act, 1962 or the
Foreigners' Act, 1946, and includes railways, with facilities for clearance and
transport of passengers and goods across the borders of India;
(g) "notification"
means a notification published in the Official Gazette;
(h) "prescribed" means prescribed by rules made under this Act; and
(i) "regulations"
means regulations made by the Authority under this Act.
CHAPTER II
THE LAND PORTS AUTHORITY OF INDIA
3. Constitution of Authority.
- (1) With effect from such date as the Central Government
may, by notification in the Official Gazette, appoint, there shall be
constituted an
Authority to be known as the Land Ports Authority of India.
(2) The Authority shall be a body corporate by the name
aforesaid, having
perpetual succession and a common seal, with power, subject to the provisions of this
Act, to acquire, hold and
dispose of property both movable and immovable, and to
contract and shall by the said name sue and be sued.
(3) The Authority shall
consist of--
(a) a Chairperson;
(b) two Members, out of whom one shall be Member (Planning and
Development) and other shall be Member
(Finance);
(c) not more than nine members, ex officio, to be appointed by the Central
Government from amongst the officers, not below
the rank of the Joint Secretary to
the Government of India, representing the ministries or departments of the
Government of India
dealing with Home Affairs, External Affairs, Revenue,
Commerce, Road Transport and Highways, Railways, Defence, Agriculture and
Cooperation,
Law and Justice;
(d) the Chief Secretary or his nominee not below the rank of the Secretary to
the Government of the respective State
where the integrated check posts are located;
(e) two representatives, one of whom shall be from recognised bodies of
workers and
the other shall be from traders, to be appointed by the Central
Government; and
(f) such other representatives as the Central Government
may co-opt for
functional purposes.
(4) The Chairperson and the members referred to in clause (b) shall be appointed by
the Central
Government and shall be whole-time members.
(5) The Chairperson shall be chosen from among persons who have special
knowledge and
experience in the field of security, transport, industry, commerce, law,
finance or public administration.
4. Disqualification for
office of member. - A person shall be disqualified for being
appointed as a member if, he--
(a) has been convicted and sentenced
to imprisonment for an offence, which, in
the opinion of the Central Government, involves moral turpitude; or
(b) is an undischarged
insolvent; or
(c) is of unsound mind and stands so declared by a competent court; or
(d) has been removed or dismissed from the service
of the Government or a
body corporate owned or controlled by the Government; or
(e) has in the opinion of the Central Government
such financial or other interest
in the Authority as is likely to affect prejudicially the discharge by him of his
functions as a
member.
5. Term of office and conditions of service of members. (1) Subject to the provisions
of section 6, every whole-time member
shall hold office for a period of five years from
the date on which he assumes office or till he attains the age of sixty years,
whichever is
earlier:
Provided that the Central Government may --
(a) terminate the appointment of any whole-time member, after giving
him
notice of a period of not less than three months or, in lieu thereof, on payment of an
amount equal to his salary and allowances,
if any, for a period of three months;
(b) terminate at any time the appointment of any member who is a servant of
the Government.
(2) The other conditions of service of the members shall be such as may be
prescribed.
(3) Any member may resign his office by giving
notice in writing for such period as
may be prescribed, to the Central Government and, on such resignation being notified in
the
Official Gazette by that Government, such member shall be deemed to have vacated
his office.
6. Vacation of office of members. -
The Central Government shall remove a member if,
he--
(a) becomes subject to any of the disqualifications mentioned in section 4:
Provided that no member
shall be removed on the ground that he has become
subject to the disqualification mentioned in clause (e) of that section, unless
he has
been given a reasonable opportunity of being heard in the matter; or
(b) refuses to act or becomes incapable of acting; or
(c) is, without obtaining leave of absence from the Authority, absent from three
consecutive meetings of the Authority; or
(d) in
the opinion of the Central Government, has so abused his position as to
render his continuance in office detrimental to the public
interest:
Provided that no member shall be removed under this clause unless he has been
given a reasonable opportunity of being heard
in the matter.
7. Eligibility of member for re-appointment. - Any person ceasing to be a member shall,
unless disqualified under
section 4, be eligible for re-appointment.
8. Meetings. - (1) The Authority shall meet at such times and places, and shall observe
such rules of procedure in regard to the transaction of business at its meetings (including
the quorum at such meetings) as may be
provided by regulations.
(2) The Chairperson, or, if for any reason, he is unable to attend any meeting of the
Authority, any other
member chosen by the members present at the meeting shall preside
at the meeting.
(3) All questions which come up before any meeting
of the Authority shall be decided by
a majority of the votes of the members present and voting, and in the event of an equality
of
votes, the Chairperson, or in his absence the person presiding, shall have and exercise
a second or casting vote.
9. Vacancies, etc.,
not to invalidate proceedings of Authority. - No act or proceeding
of the Authority shall be invalid merely by reason of--
(a) any
vacancy in, or any defect in the constitution of, the Authority; or
(b) any defect in the appointment of a person acting as a member
of the Authority;
or
(c) any irregularity in the procedure of the Authority not affecting the merits of the
case.
10. Officers and
other employees of Authority. - (1) For the purpose of enabling it to
efficiently discharge its functions under this Act, the Authority
shall appoint such
number of officers and other employees as it may consider necessary:
Provided that the appointment of such category
of officers, as may be specified,
shall be subject to the approval of the Central Government.
(2) Every officer or other employee
appointed by the Authority shall be subject to
such conditions of service and shall be entitled to such remuneration as may be
determined
by regulations.
CHAPTER III
FUNCTIONS OF AUTHORITY
11. Functions of Authority. - (1) Subject to the provisions of this Act, the Authority
shall
have powers to develop, sanitize and manage the facilities for cross border movement
of passengers and goods at designated
points along the international borders of India.
(2) Without prejudice to the generality of the provisions contained in sub-section
(1), the Authority may--
(a) put in place systems, which address security imperatives at the integrated
check posts on the border;
(b) plan, construct and maintain roads, terminals and ancillary buildings other
than national highways, State highways and railways,
at an integrated check post;
(c) plan, procure, install and maintain communication, security, goods handling
and scanning equipment
at an integrated check post;
(d) provide appropriate space and facilities for immigration, customs, security,
taxation authorities,
animal and plant quarantine, warehouses, cargo and baggage
examination yards, parking zones, banks, post offices, communication facilities,
tourist information centres, waiting halls, canteen, refreshment stalls, public
conveniences, health services and such other services,
as may be deemed necessary;
(e) construct residential buildings for its employees as well as residential
accommodation for staff
deployed at integrated check posts;
(f) establish and maintain hotels, restaurants and restrooms;
(g) establish and maintain warehouses, container depots
and cargo complexes
for the storage or processing of goods;
(h) arrange for postal, money exchange, insurance and telephone facilities
for
the use of passengers and other persons at integrated check posts;
(i) make appropriate arrangements for the security of integrated
check posts
and provide for regulation and control of movement of vehicles, entry and exit of
passengers and goods in accordance
with the respective law concerning them;
(j) ensure prevention and control of fire and other hazards and other facilities as
deemed
necessary;
(k) regulate and control the movement of vehicles, and the entry and exit of
passengers, transportation workers, handling
agents, clearing and forwarding agents
and goods at the integrated check post with due regard to the law, security and
protocol of
the Government of India;
(l) co-ordinate and facilitate the working of agencies who have been engaged to
undertake various activities
at the integrated check posts, in accordance with the
respective law, for the time being in force;
(m) develop and provide consultancy,
construction or management services,
and undertake operations in India and abroad in relation to an integrated check post;
(n) form
one or more companies under the Companies Act, 1956 or under any
other law relating to companies for efficient discharge of the functions imposed on it
by this Act;
(o) take all such
steps as may be necessary or expedient for, or may be
incidental to, the exercise of any power or the discharge of any function conferred
or
imposed on it by this Act:
Provided that sovereign functions of the Authority shall not be assigned to any
private entity;
(p)
set up joint ventures for the discharge of any of the functions assigned to
the Authority; and
(q) undertake any other activity at
the integrated check post in the best
commercial interests of the Authority.
(3) In the discharge of its functions under this section,
the Authority may consult
such ministry or department of the Government of India or of the State Government as it
deems necessary,
and shall have due regard to the development of land port services and
to the efficiency, economy and safety of such service.
(4)
Nothing contained in this section shall be construed as--
(a) authorising the disregard by the Authority of any law for the time
being in
force; or
(b) authorising any person to institute any proceeding in respect of duty or
liability to which the Authority
or its officers or other employees would not
otherwise be subject to.
12. Responsibilities and powers of other agencies. - (1) The
respective border
guarding forces deployed at the borders of India shall be responsible for security around
an integrated check post.
(2) The Authority may, whenever considered necessary so to do for ensuring the
peace and security at an integrated check post, seek
the assistance of armed force, Central
para military force or State police as per the provisions of the law for the time being in
force.
(3) The Customs, immigration, quarantine and other officials shall co-ordinate with
the Authority for the effective discharge
of its functions.
(4) Notwithstanding anything contained in any provisions of this Act, the Customs,
immigration, quarantine officials,
the border guarding forces and the police shall
discharge their functions in accordance with the law for the time being in force.
CHAPTER IV
PROPERTY AND CONTRACT
13. Assets and liabilities to vest in Authority. - (1) On the date of notification issued
under
clause (d) of section 2, all such assets, rights, powers, authorities and privileges and
such property movable and immovable, real
or personal, corporeal or incorporeal, present
or contingent, of whatever nature, including lands, buildings, machinery, equipments,
works, workshops, cash balances, capital, reserves, reserve funds, investments, tenancies,
losses and book debts and all other rights
and interests arising out of such property, as
immediately before the issue of that notification, were in the ownership or possession
of
the Government of India in any of the land port, as the Central Government may, in such
notification, specify, shall vest in the
Authority and such vesting shall also be deemed to
include all borrowings, liabilities and obligations of whatever kind then subsisting.
(2) The notification under sub-section (1) shall be issued only after the concurrence
of the concerned ministries or departments
of the Government of India, in case where
such properties are owned or controlled by such ministries or departments.
14. General
effect of vesting of undertakings in Authority. - All contracts, agreements
and working arrangements subsisting immediately before
the date of notification issued
under clause (d) of section 2, and affecting the land ports shall be of full force and effect
as
regards the Authority.
15. Guarantee to be operative. - Any guarantee given for or in favour of land customs
stations or immigration
check posts with respect to a loan, lease or finance shall continue
to be operative in relation to such stations or check posts which
have been vested in the
Authority by virtue of this Act.
16. Compulsory acquisition of land for Authority. - Any land required by
the Authority
for the discharge of its functions under this Act shall be deemed to be needed for a public
purpose and such land may be acquired for the Authority under the
provisions of the
National Highways Act, 1956 or any other law for the time being in force.
17. Contracts by Authority. - Subject to the provisions of section 18, the Authority
shall
be competent to enter into and perform any contract necessary for the discharge of its
functions under this Act.
18. Mode of
executing contracts on behalf of Authority. - (1) Every contract on behalf of
the Authority, shall be made by the Chairperson or
such officer of the Authority as may
be generally or specially empowered in this behalf by the Authority and such contracts as
may
be specified, in the regulations, shall be sealed with the common seal of the
Authority:
Provided that no contract exceeding such
value or amount as the Central
Government may, by order fix in this behalf, shall be made unless it has been previously
approved
by the Central Government:
Provided further that no contract for the acquisition or sale of immovable property
or for the lease of
any such property for a term exceeding thirty years and no other
contract exceeding such value or amount as the Central Government
may, by order fix in
this behalf, shall be made unless it has been previously approved by the Central
Government.
(2) Subject to
the provisions of sub-section (1), the form and manner in which any
contract shall be made under this Act shall be such as may be
provided by regulations.
(3) Any contract which is not in accordance with the provisions of this Act and the
rules and regulations
made thereunder shall not be binding on the Authority.
CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
19. Power of Authority to charge fees,
rent, etc. - The Authority may, determine and
charge such fees or rent, not being a statutory levy under any other Act, as may be
provided by regulations, separately for each integrated check post,--
(a) for the cargo handling, warehousing, parking of trucks
or for any other service
or facility offered in connection with transport operations;
(b) for the parking of passenger vehicles and
other amenities given to the
passengers and visitors; and
(c) for the availing of facilities and other services provided by the Authority.
20. Additional capital and grant to Authority by Central Government. - The
Central Government may, after the appropriation made by
Parliament by law in this
behalf,--
(a) provide any capital that may be required by the Authority for the discharge of its
functions
under this Act or for any purpose connected therewith on such terms and
conditions as that Government may determine;
(b) pay to the
Authority, on such terms and conditions as the Central Government
may determine, by way of loans or grants such sums of money as
that Government
may consider necessary for the efficient discharge of its functions under this Act.
21. Fund of Authority and its
investment. - (1) The Authority shall establish its own
fund and all receipts of the Authority shall be credited thereto and all
payments by the
Authority shall be made therefrom.
(2) The Authority shall have the power, subject to the provisions of this Act,
to
spend such sums as it thinks fit to cover all administrative expenses of the Authority or
for purposes authorised by this Act
and such sums shall be treated as expenditure out of
the fund of the Authority.
(3) All moneys standing at the credit of the Authority
which cannot immediately be
applied as provided in sub-section (2), shall be--
(a) deposited in the State Bank of India or any such
scheduled bank or banks or
other public financial institutions subject to such conditions as may, from time to
time, be specified
by the Central Government;
(b) invested in the securities of the Central Government or in such manner as
may be prescribed.
Explanation.--In
this sub-section, "scheduled bank" has the same meaning as in
clause (e) of section 2 of the Reserve Bank of India Act, 1934.
22. Allocation of surplus funds. - (1) The Authority may, from time to time, set apart
such amounts as it thinks fit, as a reserve
fund or funds for the purpose of expanding
existing facilities or services or creating new facilities or services at any integrated
check post or increase of expenditure from transient causes or for purposes of
replacement or meeting expenditure arising from loss
or damage due to any natural
calamity or accident or meeting any liability arising out of any act of omission or
commission in the
discharge of its functions under this Act:
Provided that the Authority shall also have the power to establish specific reserves
for
specific purposes:
Provided further that the sums set apart annually in respect of each or any of the
specific and general reserves
and the aggregate at any time of such sums shall not exceed
such limits as may, from time to time, be fixed in that behalf by the
Central Government.
(2) After making provision for such reserve fund or funds and for bad and doubtful
debts, depreciation in assets
and all other matters which are usually provided for by
companies registered and incorporated under the Companies Act, 1956, the Authority
shall pay the balance of its annual net profits to the Central Government.
23. Submission of programme of activities
and financial estimates. - The Authority
shall, before the commencement of each financial year prepare a statement of the
programme
of its activities during the forthcoming financial year as well as financial
estimate in respect thereof and submit it for the approval
of the Central Government.
24. Borrowing powers of Authority. - (1) The Authority may, with the consent of the
Central Government
or in accordance with the terms of any general or special
authority given to it by the Central Government, borrow money from any
source by
the issue of bonds, debentures or such other instruments as it may deem fit for
discharging all or any of its functions
under this Act.
(2) The Central Government may guarantee in such manner as it thinks fit, the
repayment of the principal and the
payment of interest thereon with respect to the
loans taken by the Authority under sub-section (1).
(3) Subject to such limits as
the Central Government may, from time to time, lay
down, the Authority may borrow temporarily by way of overdraft or otherwise, such
amount as it may require for discharging its functions under this Act.
25. Accounts and audit. - (1) The Authority shall maintain
proper accounts and
other relevant records and prepare an annual statement of accounts including the
profit and loss account and
the balance sheet in such form as may be prescribed by
the Central Government in consultation with the Comptroller and Auditor-General
of
India.
(2) The accounts of the Authority shall be audited annually by the Comptroller
and Auditor-General of India and any expenditure
incurred by him in connection with
such audit shall be reimbursed to him by the Authority.
(3) The Comptroller and Auditor-General
of India and any person appointed by
him in connection with the audit of the accounts of the Authority shall have the same
rights
and privileges and authority in connection with such audit as the Comptroller
and Auditor- General has in connection with the audit
of Government accounts and,
in particular shall have the right to demand the production of books, accounts,
connected vouchers, documents
and papers and inspect any of the offices of the
Authority.
(4) The accounts of the Authority as certified by the Comptroller and
Auditor-
General of India or any other person appointed by him in this behalf together with the
audit report thereon shall be forwarded
annually to the Central Government and that
Government shall cause the same to be laid before both Houses of Parliament.
CHAPTER
VI
MISCELLANEOUS
26. Submission of annual report. - (1) The Authority shall, as soon as may be, after the
end of each financial year,
prepare and submit to the Central Government in such form as
may be prescribed, a report giving an account of its activities during
that financial year
and the report shall also give an account of the activities which are likely to be
undertaken by the Authority
during the next financial year.
(2) The Central Government shall cause such report to be laid before both Houses of
Parliament, as
soon as may be, after it is submitted.
27. Delegation. - The Authority may, by general or special order in writing, delegate to
the
Chairperson or any other member or to any officer of the Authority, subject to such
conditions and limitations, if any, as may be
specified in the order, such of its powers and
functions under this Act (except the powers under section 35), as it may deem necessary.
28. Authentication of orders and other instruments of Authority. - All orders and
decisions of the Authority shall be authenticated
by the signature of the Chairperson or
any other member authorised by the Authority in this behalf and all other instruments
executed
by the Authority shall be authenticated by the signature of an officer of the
Authority authorised by it in this behalf.
29. Officers
and employees of Authority to be public servants. - All officers and
employees of Authority shall, while acting or purporting to act in pursuance of the
provisions
of this Act or of any rule or regulation made thereunder, be deemed to be
public servants within the meaning of section 21 of the
Indian Penal Code.
30. Protection of action taken in good faith. - No suit, prosecution or other legal
proceeding shall lie against
the Authority or any member or any officer or other
employee of the Authority for anything which is in good faith done or intended
to be
done in pursuance of this Act or of any rule or regulation made thereunder.
31. Custody and disposal of lost property. - Subject
to such regulations as the Authority
may make in this behalf, the Authority shall provide for securing the safe custody and
restoration
of any property which, while not in proper custody, is found on any premises
belonging to the Authority or under its overall control.
32. Power of Central Government to supersede Authority. - (1) If, at any time, the
Central Government is of opinion--
(a) that on
account of a grave emergency, the Authority is unable to discharge the
functions and duties imposed on it by or under the provisions
of this Act; or
(b) that the Authority has persistently defaulted in complying with any
direction issued by the Central Government
under this Act or in the discharge of the
functions and duties imposed on it by or under the provisions of this Act and as a
result
of default the financial position of the Authority or the administration of an
integrated check post has deteriorated; or
(c) that
circumstances exist which render it necessary in the public interest so to
do,
the Central Government may, by notification in the
Official Gazette, supersede the
Authority for such period, not exceeding six months, as may be specified in the
notification:
Provided
that before issuing a notification under this sub-section for the reasons
mentioned in clause (b), the Central Government shall give
a reasonable opportunity to
the Authority to show cause why it should not be superseded and shall consider the
explanations and objections,
if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1) superseding the
Authority,--
(a) all the
members shall, as from the date of supersession, vacate their offices
as such;
(b) all the powers, functions and duties which may,
by or under the provisions
of this Act, be exercised or discharged by or on behalf of the Authority, shall until
the Authority is
reconstituted under sub-section (3), be exercised and discharged by
such person or persons as the Central Government may direct;
and
(c) all property owned or controlled by the Authority shall, until the Authority
is reconstituted under sub-section (3), vest
in the Central Government.
(3) On the expiration of the period of supersession specified in the notification
issued under sub-section
(1), the Central Government may,--
(a) extend the period of supersession for such further term not exceeding six
months, as it may
consider necessary, or
(b) reconstitute the Authority by fresh appointment and in such case the
members who vacated their offices
under clause (a) of sub-section (2) shall not be
deemed disqualified for appointment:
Provided that the Central Government may, at
any time before the expiration of the
period of supersession, whether as originally specified under sub-section (1) or as
extended
under this sub-section, take action under clause (b) of this sub-section.
(4) The Central Government shall cause a notification issued
under sub-section (1)
and a full report of any action taken under this section and the circumstances leading to
such action to be
laid before both Houses of Parliament in the immediate subsequent
session of Parliament.
33. Power of Central Government to issue
directions. - (1) Without prejudice to the
foregoing provisions of this Act, the Authority shall, in the discharge of its functions
and
duties under this Act, be bound by such directions on questions of policy as the Central
Government may give in writing to it from time to time:
Provided that the
Authority shall, as far as practicable, be given opportunity to express its
views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not
shall be final.
(3) The Central Government
may, from time to time, issue directions to the Authority
regarding the discharge of any functions by it under the clauses of sub-section
(2) of
section 11 and the Authority shall be bound to comply with such directions.
34. Power to make rules. - (1) The Central Government
may, by notification in the
Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular and without
prejudice to the generality of the foregoing power, such
rules may provide for--
(a) the other conditions of service of members of
the Authority under sub-
section (2) of section 5;
(b) the period of notice as may be given by any member to resign his office
under
sub-section (3) of section 5;
(c) the manner in which the Authority may invest the funds under clause (b) of
sub-section (3) of section
21;
(d) the form in which the annual statement of accounts shall be prepared by the
Authority under sub-section (1) of section 25;
(e) the form in which a report giving an account of its activities shall be
prepared and submitted by the Authority to the Central
Government under sub-
section (1) of section 26; and
(f) any other matter which is to be, or may be, prescribed.
35. Power to make
regulations. - (1) The Authority may, with the previous
approval of the Central Government, make regulations not inconsistent with
this Act and
the rules made thereunder for the purpose of giving effect to the provisions of this Act.
(2) Without prejudice to the
generality of the foregoing power, such regulations may
provide for--
(a) the time and places of meetings of the Authority and the
procedure to be
followed for transaction of business including the quorum at such meetings under
sub-section (1) of section 8;
(b)
the conditions of service and the remuneration of officers and other
employees to be appointed by the Authority under sub-section
(2) of section 10;
(c) the contracts which are to be sealed with the common seal of the Authority
under sub-section (1), and the
form and manner in which a contract may be made by
the Authority under sub-section (2) of section 18;
(d) the fees and rent to be
charged by the Authority under sub-section (1) of
section 19;
(e) the custody and restoration of lost property and the terms and
conditions
under which lost property may be restored to the persons entitled thereto under
section 31.
36. Rules, regulations and
notifications to be laid before Parliament. - Every rule
and every regulation made or notification issued under this Act shall be
laid, as soon as
may be after it is made, before each House of Parliament, while it is in session, for a
total period of thirty days
which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule, regulation
or notification, as the case may be, or both Houses
agree that the rule, regulation or notification, as the case may be, should not
be made or
issued, the rule, regulation or notification shall thereafter have effect only in such
modified form or be of no effect,
as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously
done under that rule, regulation or notification.
37. Power to remove difficulties. - (1) If any difficulty arises in giving effect
to the
provisions of this Act, the Central Government may, by general or special order
published in the Official Gazette, make such
provisions not inconsistent with the
provisions of this Act as appear to it to be necessary or expedient for the removal of the
difficulty:
Provided that no such order
shall be made after the expiry of a period of two years
from the date of the commencement of this Act.
(2) Every order made under
this section shall as soon as may be after it is made, be
laid before each House of Parliament.
--------
V.K. BHASIN,
Secy. to the
Govt. of India.