Legislation approved by Parliament should become rules for nationwide implementation but it isn’t worked out that easy. As many as 43 Acts passed before last July are not being effectively enforced because the administrative department has not framed their regulations.
Indian Express reported; a two-year review by the Committee on Subordinate Legislation has shown that 31 new Acts and 12 amendments had not been fully or partially converted into government orders.
At least 177 sections of the Companies Act (August 2013) are held up because rules can only be made after provisions relating to National Company Law Tribunal and National Company Law Appellate Tribunal are enforced.
Several key laws like the Whistleblowers Protection Act (passed May 2014) whose rules have not been notified until date. The Energy Conservation Act (September 2001) and its amendment in August 2010, have only been partially covered.
The Central Vigilance Commission Act (September 2003) has rules pending to fit together with the Lokpal and Lokayuktas Act (January 2014). Central University Act (March 2009) has also not been translated into codes.
“The delay in framing rules/regulations on an average is about 4 years and 8 months,” says the Committee in its draft report. “In fact, it has been noted that the ministries not only tend to inordinately delay the framing but also seek extension of six months at a time for completing the said process.”
The panel has, therefore, recommended that all ministries and departments frame “essential rules” at the time of introduction of the Bill while the rest of subordinate legislation may be framed within three months of the coming into force of the Act.
The Committee also recommends that the time extension granted to ministries may be curtailed to 30 days at a time for framing. In case of delay, the ministry must ensure that a statement explaining the reasons for delay should invariably be laid along with the rules farmed after three months.