Section 23
Provisions Applicable To Making Of Rules Or By-laws After Previous publication
23. Provisions applicable to making of Rules or By-laws after Previous publication :
Where, by any Nepal Act, a power to make Rules or by-laws is expressed to be given subject to the condition of the Rules or By-laws being made after previous publication, then the following provisions shall apply, namely,
1. The authority having power to make the Rules or By-laws Shall, before making them, publish a draft of the proposed Rules or by-laws for the information of persons likely to be affected thereby;
2. The publication shall be made in such manner as that authority deems to be sufficient, or if the condition with respect to previous publication so
requires, in such manner as the Government of Nepal prescribes;
3. There shall be published with the draft a notice specifying a date on or after which the draft will be taken into considerations;
4. The authority having power to make the Rules or By-laws, and where the Rules or By-Rules are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make Rules or By-laws from any person with respect to the draft before the date so specified;
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♣ Amended by the Some Nepal Laws Amendment Act, 2063
5. The Publication in the official Gazette of a Rules or by-laws purporting to have been made in exercise of a power to make Rules or By-laws after
previous publication shall be conclusive proof that the Rule or By-law has been duly made.
Where, by any Nepal Act, a power to make Rules or by-laws is expressed to be given subject to the condition of the Rules or By-laws being made after previous publication, then the following provisions shall apply, namely,
1. The authority having power to make the Rules or By-laws Shall, before making them, publish a draft of the proposed Rules or by-laws for the information of persons likely to be affected thereby;
2. The publication shall be made in such manner as that authority deems to be sufficient, or if the condition with respect to previous publication so
requires, in such manner as the Government of Nepal prescribes;
3. There shall be published with the draft a notice specifying a date on or after which the draft will be taken into considerations;
4. The authority having power to make the Rules or By-laws, and where the Rules or By-Rules are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make Rules or By-laws from any person with respect to the draft before the date so specified;
_________________________________________
♣ Amended by the Some Nepal Laws Amendment Act, 2063
5. The Publication in the official Gazette of a Rules or by-laws purporting to have been made in exercise of a power to make Rules or By-laws after
previous publication shall be conclusive proof that the Rule or By-law has been duly made.