Question : Framing of Rules for Legislation

(a) whether Manual of Parliamentary Procedure, under Chapter 11 (Subordinate Legislation), para 11.3.1 stipulates that rules/regulations/bye-laws would be framed within a period of six months from the date on which the relevant statute came into force;

(b) if so, whether only 2 to 5 percent. of rules/regulation/bye-laws are framed by the concerned Ministries/Departments and if so, the reasons therefor;
(c) whether the time taken for framing rules of legislation after publication of approval in the official gazette exceeds a time limit of 15 days as per the Manual of Parliamentary Procedure;
(d) if so, the details thereof and the reasons therefor; and
(e) the remedies adopted by the Government to frame the rules of all legislations within the time limit and reduce the delays associated with framing the rules?

ANSWER
MINISTER OF LAW & JUSTICE,
COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY
(SHRI RAVI SHANKAR PRASAD)
(a) Yes, Sir.
(b) As per the Government of India (Allocation of Business) Rules, 1961, the subject matter relating to framing of rules, regulations etc. under different statutes have been allocated to various Ministries/Departments. No data in this respect is centrally maintained by the Government.
(c) & (d) Paragraph 11.5.1 of the Manual of Parliamentary Procedure provide for laying of rules etc. on the Table of the House as soon as possible and, in any case, within a period of 15 days (30 days in case of notification relating to state under the Presidents’ rule), reckoned from:
(a) the date of their publication in the Official Gazette if the House is in session; or
(b) the date of commencement of the next session, if the House is not in session.
No data in this respect is centrally maintained by the Government.
(e) For monitoring of the framing of subordinate legislation under the Acts enacted by Parliament and notifying the same, a module for updating the status of subordinate legislation has been included in the e-SamikSha portal. The framing of subordinate legislation is being monitored through e-SamikSha portal. Further, the Parliamentary Standing Committee on subordinate legislation is continuously monitoring as to whether Ministries/Departments have framed the subordinate legislation under the Acts administered by them. The Committee is also holding periodical meetings with the Secretaries of the Ministries/Departments regarding subordinate legislation.