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Sarfeasi Act Section 38 Power of Central Government to Make Rules

Jan 12 2024
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Imagine the SARFAESI Act as a powerful engine driving debt recovery, but it needs a sturdy set of rules to keep it running smoothly. That's where Section 38 comes in, granting the Central Government the power to craft the roadmap for using this Act effectively.

Think of it like writing the instruction manual for this complex financial machine. The section empowers the government to issue "rules", covering a wide range of areas under the SARFAESI umbrella:

  • Filling the gaps: The Act provides a broad framework, but Section 38 allows the government to fill in the specific details. Things like the process for filing applications, exercising creditor rights, and integrating various registration systems fall under this rule-making power.
  • Setting the fees: From application fees to inspection charges, the section allows the government to determine the financial costs associated with using the SARFAESI Act. This ensures proper resource allocation and discourages frivolous actions.
  • Maintaining safeguards: Keeping sensitive information secure and ensuring responsible record-keeping are crucial aspects of debt recovery. The section empowers the government to set the ground rules for data protection and prevent misuse of information within the Central Registry.

But this rule-making power isn't a blank check. The section ensures transparency and accountability through these key features:

  • Parliamentary oversight: Every rule crafted by the government must be presented to both houses of Parliament. This allows for public scrutiny and ensures the rules align with broader legislative goals.
  • Flexibility and modification: The section allows for adjustments and updates to the rules as needed. If, after due process, Parliament decides a rule needs tweaking or scrapping, it can be done without hindering the overall effectiveness of the Act.

In essence, Section 38 empowers the Central Government to flesh out the details of the SARFAESI Act and ensure its smooth operation. This rule-making power allows for adaptability, efficiency, and responsible administration of the debt recovery process, ultimately benefiting all stakeholders involved

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