11. Powers to make rules –
(1) The Administrator may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing provision. Such rules may provide for all or any of the following matters, namely:-
(a) The particulars which an application to be made under sub-section (1) of section 5, shall contain;
(b) The authority to which an appeal may be filed under sub-section (!) of section 6, the form in which such appeal may be filed and the particulars which such appeal shall contain;
(c) Any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this section 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 sessions immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only is 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 rule.
COMMENTS: This section confers power upon the Administrator to frame rules for carrying out the purposes of this Act. As to who is an administrator is defined under Section 2(a) of the Act.
The Administrator must notify in the official Gazette the rules he makes.
In fact this section confers power on two bodies, namely –
(1) The Administrator, and
(2) Both houses of Parliament, viz. Lok Sabha and Rajya Sabha.
The Houses of Parliament shall have the power to modify or annual any rules, but each modification or annulment shall be without prejudice to the validity of anything previously done under that rules. OPC Jain v. ADM (LA) and other 42 (1990) DLT 478