The Assembly Committee on Subordinate Legislation has expressed grave concern at the delay in issuing the relevant rules that will enable the implementation of legislations already enacted.
The Committee, headed by M. Ummer, submitted its report in the house on Monday in which five legislations that were passed in the last few years could not be implemented because of the government’s failure to formulate the relevant rules.
The five acts included the Plachimada Coca-Cola Victims Relief and Compensation Claims Special Tribunal Act, 2011, the Kerala Inland Fisheries and Aquaculture Act, The Payment of Salaries and Allowances (Second Amendment) Act, 2012, the Kerala Prisons and Correctional Services (Management) Act, 2010, and the Pampa River Authority Act, 2009.
Mr. Ummer said under Rule 238 (2) of the house rules, the government was required to frame draft rules within three months and submit them to the respective subject committee.
Chief Minister Oommen Chandy explained the delay for issuing the relevant rules. With regard to the Palachimada tribunal legislation, he said the Act had been referred to the President of India.
The delay was on account of procedures that needed to be followed. The clearance of seven administrative departments under the Central government was needed, but so far only three departments had given their clearance. The Resident Commissioner in Delhi had been asked to follow up the matter, he said.
With regard to the Pampa River Authority Act, a five-member official committee had been set up to frame the rules under the Act and this would be ready soon. As for the Inland Fisheries and Aquaculture Act, the delay was on account of getting the Malayalam translation prepared. The delay in issuing rules under the Payment of Salaries and Allowances Act was also on account of getting the translations prepared. Finalising the norms related to housing loans for MLAs also had a role, he said.
Speaker G. Karthikeyan, in his ruling, said the government should as far as possible issue the rules under the respective Acts within the stipulated period. He recalled the fate of the Fireforce Act, which was passed in 1962, but the rules came to be framed only in 2009. The time stipulation should be strictly observed in order to derive benefit from the laws enacted, he added.