Section 148: Gazette Notification and Laying of Rules and Regulations
Section 148 of the Delhi Police Act, 1978 prescribes how rules and regulations made under the Act are officially notified and subjected to parliamentary scrutiny. It also contains a historical provision about laying them before the Metropolitan Council of Delhi.
Full text of Section 148
(1) Every rule and regulation made under this Act shall be made by notification in the Official Gazette.
(2) Every rule and regulation made under this Act 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 rule or regulation, as the case may be, or both Houses agree that the rule or regulation should not be made, the rule or 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 rule or regulation.
(3) Every rule and regulation made under this Act shall also be laid before the Metropolitan Council of Delhi.
Meaning and legal effect
Subsection (1): Notification in the Official Gazette
Every rule and regulation made under the Act must be made by a notification in the Official Gazette. The Gazette is the official government publication used to publish legally significant notifications. A departmental circular or informal announcement should not be assumed to substitute for a Gazette notification where the Act expressly requires one.
Subsection (2): Laying before Parliament
After a rule or regulation is made, it must be placed before each House of Parliament as soon as practicable, for a combined period of 30 days while Parliament is in session. The 30 days may fall within one session or across two or more successive sessions.
If both Houses agree, within the statutory timeframe, to modify a rule or regulation or decide that it should not have been made, it thereafter operates only in the modified form or ceases to have effect. The provision expressly protects the validity of acts previously done under the rule or regulation before such modification or annulment.
Subsection (3): Reference to the Metropolitan Council of Delhi
The enacted wording additionally requires laying before the Metropolitan Council of Delhi. That body belongs to Delhi's earlier governance framework and no longer functions under the present National Capital Territory legislative arrangements. This historical reference should not be read as identifying the present Delhi Legislative Assembly or as automatically replacing the express statutory words. For a specific notification, consult the current consolidated Act and any applicable amendments or transitional provisions.
Important legal terms
- Rule: A subordinate legislative instrument made under authority delegated by the parent Act, including the rule-making power in Section 147.
- Regulation: A subordinate instrument made under an applicable regulation-making power conferred by the Act.
- Official Gazette: The designated official publication through which government notifications are formally issued.
- Laying: Submission of a statutory instrument to the legislature for scrutiny under the procedure specified in the parent statute.
- Annulment: A decision under subsection (2) that the rule or regulation should not continue to have effect, without invalidating earlier acts protected by the saving clause.
How the statutory process works
- A rule or regulation is made under a valid power in the Delhi Police Act.
- It is notified in the Official Gazette under subsection (1).
- It is laid before both Houses of Parliament for the prescribed aggregate 30-day period.
- Within the period specified in subsection (2), both Houses may agree to modify it or decide that it should not be made.
- Any agreed modification or annulment operates prospectively as described by the provision, subject to its protection for things previously done.
Why Section 148 matters
The section provides a formal publication requirement and a legislative oversight mechanism for delegated legislation affecting Delhi Police administration. When examining whether a particular rule or regulation applies, identify its enabling provision, Gazette notification, commencement clause, subsequent amendments and any parliamentary modification. Do not rely solely on an undated copy of a rule.
Frequently asked questions
Must Delhi Police Act rules be published in the Official Gazette?
Yes. Section 148(1) expressly requires every rule and regulation made under the Act to be made by notification in the Official Gazette.
How long must rules be laid before Parliament?
Section 148(2) prescribes a total of 30 days while Parliament is in session. The days may be spread across one session or successive sessions, subject to the precise statutory wording.
Can Parliament change or annul a rule?
Both Houses may agree to modification or annulment in the timeframe specified by subsection (2). Earlier acts done under the rule or regulation remain protected as the subsection provides.
Is the Metropolitan Council of Delhi still functioning?
No. The Metropolitan Council was part of Delhi's earlier institutional framework. The text of subsection (3) is retained here as it appears in the uploaded source; present-day application should be checked against the latest authoritative legislative text.
Official legal resources and related provisions
For the authoritative version and any amendments, consult the India Code legislation database, the Gazette of India and the Delhi Police official website. See also Section 147 (Power to make rules) and Section 149 (Savings).
Legal information only. The original statutory wording is reproduced above from the supplied webpage; check the latest Gazette notifications and authoritative consolidated legislation before relying on any provision in a legal proceeding.