Sections 22 and 23 of the Central Vigilance Commission Act, 2003
Section 22 deals with the parliamentary laying of specified notifications, rules and regulations made under the Central Vigilance Commission Act, 2003. Section 23 contains a limited power enabling the Central Government to remove difficulties in giving effect to the Act.
Section 22 - Notification, rule, etc., to be laid before Parliament
Every notification issued under clause (b) of sub-section (2) of section 8, every rule made by the Central Government and every regulation made by the Commission under the Act must be laid before each House of Parliament as soon as may be after it is issued or made.
The laying period is a total of thirty days while Parliament is in session. That period may fall within one session or two or more successive sessions. If both Houses agree to modify the notification, rule or regulation, or agree that it should not be made, it thereafter operates only in the modified form or ceases to have effect, as applicable. A later modification or annulment does not invalidate action previously taken under it.
What Section 22 means
Section 22 provides parliamentary oversight over specified subordinate legislation under the Act. It applies to the notification referred to in Section 8(2)(b), rules made by the Central Government under the Act, and regulations made by the Central Vigilance Commission. The section also protects the validity of acts already done before a parliamentary modification or annulment takes effect.
Section 23 - Power to remove difficulties
Sub-section (1): If a difficulty arises in giving effect to the Act, the Central Government may make an order to remove that difficulty, but the order cannot be inconsistent with the Act.
The proviso imposes a time limit: no such order may be made after two years from the commencement of the Act.
Sub-section (2): Every order made under Section 23 must, as soon as may be after it is made, be laid before each House of Parliament.
What Section 23 means
The provision is a transitional implementation power. It does not authorize the Central Government to alter or override the Act. Its express conditions are that an order must address a difficulty in giving effect to the Act, must remain consistent with the Act, and could be made only within the two-year period specified by the proviso.
Relationship between Sections 22 and 23
Both provisions contain parliamentary-control mechanisms. Section 22 directly governs the laying of specified notifications, rules and regulations and allows both Houses to modify or annul them prospectively, subject to protection for earlier acts. Section 23 separately requires every difficulty-removal order to be laid before both Houses.
Official source and further reading
For the authoritative Central Act, see Central Vigilance Commission Act, 2003 - India Code.
Continue with the Central Vigilance Commission Act, 2003 overview or read the related provisions on Sections 20 and 21 - power to make rules and regulations and Section 24 - existing Vigilance Commission.