Power of Government to make rules.

Section 164(1)

The Government may, on the recommendations of the Council, by notification, make rules for carrying out the provisions of this Act.

Section 164(2)

Without prejudice to the generality of the provisions of sub-section (1), the Government may make rules for all or any of the matters which by this Act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules.

Section 164(3)

The power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this Act come into force.

Section 164(4)

Any rules made under sub-section (1) or sub-section (2) may provide that a contravention thereof shall be liable to a penalty not exceeding ten thousand rupees.

AI Explanation

Power of Government to Make Rules

The government has the authority to create rules to implement the provisions of this Act. This is outlined in Section 164(1), which empowers the government to make rules based on the recommendations of the Council. These rules play a crucial role in ensuring the effective application of the Act.

Scope of Rule-Making Authority

In Section 164(2), the Act specifies that the government can make rules pertaining to various matters outlined in the Act. This includes matters that are required to be prescribed or those for which provisions are to be made by rules. This broad authority allows the government to address diverse aspects related to the Act.

Retrospective Effect of Rules

Section 164(3) grants the government the power to provide retrospective effect to the rules. This means that the rules, or any part of them, can be enforced from a date not earlier than the one on which the provisions of the Act come into force. This retrospective power adds flexibility to the implementation of rules.

Penalties for Contravention

Under Section 164(4), rules made under subsections (1) or (2) may stipulate penalties for contravention. A contravention of these rules could result in a penalty, with the amount not exceeding ten thousand rupees. This provision ensures compliance with the rules set forth by the government.

This authority granted to the government through Section 164 underscores its role in shaping and enforcing rules that facilitate the smooth functioning of the Act.