Section 4-I: Power of Authority to make regulations

1[4-I. Power of Authority to make regulations.– (1) The Authority may, with the previous approval of the Central Government, make regulations, consistent with this Act and the rules made thereunder, for carrying out the provisions of this Chapter.

(2) Every regulation made by the Authority under this Chapter shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.]

1. Ins. by Act 47 of 2005, s. 3 (w.e.f. 30-8-2006).

Simplified Explanation

Section 4I of the Railways Act, 1989 grants the Rail Land Development Authority (RLDA) the power to create regulations for the effective implementation of its functions, with certain procedures and oversight mechanisms.

Key Points of Section 4I:

  1. Authority’s Power to Make Regulations:
    • The RLDA has the power to create regulations, but these must be consistent with the Railways Act and the rules made under it.
    • The purpose of these regulations is to carry out the provisions of the Act’s Chapter that deals with the RLDA‘s functions and responsibilities.
  2. Approval of the Central Government:
    • Before making regulations, the RLDA must obtain the previous approval of the Central Government. This ensures that any regulations made align with broader government policies and objectives.
  3. Parliamentary Oversight:
    • Once the regulations are made, they must be laid before both Houses of Parliament as soon as possible after they are formulated.
    • The regulations will be laid for a total period of thirty days within which they may be discussed and modified.
    • If, within that 30-day period (which may span one or more sessions), both Houses of Parliament agree to modify or annul the regulations, they will either come into effect with the modifications or be invalidated entirely.
    • Any modifications or annulments made by Parliament do not affect the validity of actions taken under the regulation before the change or annulment.

Conclusion

Section 4I provides the RLDA with regulatory powers to implement its functions effectively while ensuring oversight and accountability through Central Government approval and Parliamentary review. The Parliament’s ability to modify or annul the regulations further ensures democratic control over the process.

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