Section 40 of a legislative act typically grants the central government or an authorized authority the power to address challenges or ambiguities that arise during the implementation of the act. It acts as a safety mechanism that ensures smooth execution when unforeseen complications arise.
Key Provisions:
Authority to Remove Difficulties
If any difficulty arises while implementing or giving effect to the provisions of the act, the central government can issue orders or directives to resolve those difficulties.
Time Limit for the Application of Power
This power is usually time-bound. For instance, the central government may be authorized to exercise this power within a specific period, such as two or three years from the commencement of the act.
Scope of the Power
The orders issued by the central government should not alter the fundamental provisions of the act. They are intended to clarify or address operational difficulties, ensuring that the legislative intent is fulfilled without modifying the act's core principles.
Publication of Orders
Any such orders to remove difficulties are typically required to be published in the Official Gazette to maintain transparency and legal sanctity.
Practical Application: The power to remove difficulties allows for practical adjustments during the implementation phase, helping to address unforeseen challenges that might prevent the act from achieving its objectives. This provision ensures flexibility in governance without the need for immediate amendments to the law.
Conclusion: Section 40 acts as a safeguard in legislative processes, empowering the central government to step in when issues arise that might impede the proper execution of the act. However, this power is limited in scope and duration to prevent misuse and maintain the integrity of the original legislation