The Prime Minister’s Office has asked law Ministry to frame a law that will make implementation of legislations possible within six months. The prod by the PMO follows reports of several Parliamentary Committees that indicted Ministries over the delay to notify Rules which provide the operational backbone to an enactment by Parliament. With several Acts pending implementation on this account, the PMO directed the law and Justice Ministry to present a “legal framework” under which it will be mandatory to frame Rules in six months of an Act being passed.
Following the communication issued by PMO, the law Ministry has written to various ministries asking details of legislations being held up for want of framing of Rules. The Parliamentary Committee on Subordinate legislation (2011-12), in its report dated December 16, 2011, highlighted two instances of such delay. One case related to Ministry of Health and Family Welfare that took almost 21 months to frame Rules. IN the other instance, the Committee accused the Ministry of Agriculture for holding up legislation for 22 months.
The Cabinet Secretariat had way back in August of 1971 set a time limit for the framing of rules. Rules and by-laws are defined as subordinate legislation which is framed by the government. A copy of the rules is tabled in Parliament if that is provided for in the Act.
The website of the Parliamentary Affairs Ministry carries the Cabinet Secretariat’s Office Memorandum which said “Statutory rules, regulations and by-laws will be framed within a period of six months from the date on which the relevant statute came into force.” However, where it is not possible, the same shall be brought to the notice of the Secretary and the concerned Minister at the earliest.