(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provision is not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Simplified Explanation
This section provides the Central Government with the power to address any practical difficulties that may arise in the implementation of the Payment and Settlement Systems Act, 2007.
Key Provisions:
- Power to Remove Difficulties:
- If there are any difficulties in giving effect to the provisions of this Act, the Central Government has the authority to issue an order to resolve those difficulties. These orders can be made in a manner consistent with the intent of the Act.
- Temporary Power:
- The Central Government can issue such orders only within two years of the commencement of the Act. This means that any difficulty arising should be resolved within a two-year window after the Act comes into force.
- Order to be Published in Official Gazette:
- Any order made by the Central Government under this section must be published in the Official Gazette, ensuring public awareness and transparency.
- Laying Before Parliament:
- After making any such order, the Central Government must lay the order before each House of Parliament as soon as possible, allowing for legislative oversight.
Practical Implications:
- Flexibility in Implementation:
- This provision provides the Central Government with the flexibility to adapt the law in cases where unforeseen issues or practical difficulties arise during its enforcement.
- Temporary Measure:
- The ability to issue such orders is temporary (limited to two years after the Act’s commencement), meaning the Government cannot rely on this power indefinitely to amend or modify provisions. It encourages the Government to resolve issues in a timely manner.
- Legislative Oversight:
- The requirement to lay the orders before Parliament ensures that the Central Government’s actions under this provision are subject to scrutiny by lawmakers, promoting transparency and accountability.
Conclusion:
Section 37 empowers the Central Government to issue orders to resolve any difficulties in implementing the provisions of the Payment and Settlement Systems Act, but limits such powers to a two-year period from the Act’s commencement. The orders must be published in the Official Gazette and laid before Parliament, ensuring transparency and oversight. This mechanism ensures that the Government has the flexibility to address any practical issues in the early stages of enforcement while maintaining public accountability.
