MMCNPIT Act 321Chapter XXIV · Rules And Bye-Laws

Section 321 · Power of Government to make rules

(1)

The power to make all rules under this Act shall be exercisable by the State Government by notification in the Official Gazette.

(2)

Without prejudice to any power to make rules contained elsewhere in this Act, the State Government may make rules consistent with this Act generally to carry out the purposes of this Act:[Provided that no rules in respect of any matter relating to the preparation of electoral rolls and conduct of election shall be made without consultation with the State Election Commissioner:] [This proviso was added by Maharashtra 41 of 1994, Section 158.][Provided further that, if the State Government is satisfied that circumstances exist which render it necessary to take immediate action, it may dispense with the requirement of previous publication of the rules to be made under this section, for the purposes of conduct of election, under this Act.] [This proviso was added by Maharashtra 8 of 2002, Section 20.]

(3)

All rules made under this Act shall be subject to the condition of previous publication.

(4)

Every rule made under this Act, shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification 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 or omitted to be done under that rule.

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