The First Bench of the Madras High Court has directed the Tamil Nadu Government to notify rules under the Rights of Persons with Disabilities Act, 2016 within two months..The bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose passed the order in response to PIL initiated by an NGO, Foundation for Rights of Young Child, praying that the Government be directed to frame such rules..The Court noted that the Act confers powers upon the State Government to frame rules under Section 101..“Section 101 of the said Act empowers the State Government subject to the condition of previous publication, to make by notification, Rules for carrying out the provisions of the Act, not later than six months from the date of commencement of the said Act.”.In this context, the Court also opined that the time limitation of six months for the framing of such rules is not a mandatory stipulation..“Section 101 of the said Act casts an obligation on the State Government to make Rules within six months. However, in our view the time stipulation in Section 101 of the said Act is directory and not mandatory..In the absence of any prescription in the said Act of the consequences of failure to adhere to the time schedule for publication of Rules, delay in publication of the Rules would not render the Rules invalid. .It could not have been the intention of the Parliament that for delay in making the Rules for carrying out the provisions of the Act, the Act itself could be rendered otiose.”.As per the Government Pleader’s submissions, the rules had already been framed under the Act. Therefore, the Court saw it fit to direct the notification of the rules, preferably within two months from the date of the order..“The Rules shall be published and notified as per law at the earliest, preferably within two months, upon compliance of the requisites of Section 101, including the requirement to place the Rules before the State Legislature..The Rules shall positively be finally notified within two months from date.”.Read Order:
The First Bench of the Madras High Court has directed the Tamil Nadu Government to notify rules under the Rights of Persons with Disabilities Act, 2016 within two months..The bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose passed the order in response to PIL initiated by an NGO, Foundation for Rights of Young Child, praying that the Government be directed to frame such rules..The Court noted that the Act confers powers upon the State Government to frame rules under Section 101..“Section 101 of the said Act empowers the State Government subject to the condition of previous publication, to make by notification, Rules for carrying out the provisions of the Act, not later than six months from the date of commencement of the said Act.”.In this context, the Court also opined that the time limitation of six months for the framing of such rules is not a mandatory stipulation..“Section 101 of the said Act casts an obligation on the State Government to make Rules within six months. However, in our view the time stipulation in Section 101 of the said Act is directory and not mandatory..In the absence of any prescription in the said Act of the consequences of failure to adhere to the time schedule for publication of Rules, delay in publication of the Rules would not render the Rules invalid. .It could not have been the intention of the Parliament that for delay in making the Rules for carrying out the provisions of the Act, the Act itself could be rendered otiose.”.As per the Government Pleader’s submissions, the rules had already been framed under the Act. Therefore, the Court saw it fit to direct the notification of the rules, preferably within two months from the date of the order..“The Rules shall be published and notified as per law at the earliest, preferably within two months, upon compliance of the requisites of Section 101, including the requirement to place the Rules before the State Legislature..The Rules shall positively be finally notified within two months from date.”.Read Order:
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