Miscellaneous | Family Law - CLAT PG PDF Download

Act to have Overriding Effect

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Power of High Court to make rules

(1) The High Court may, by notification in the Official Gazette, make such rules as it may deem necessary for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

• normal working hours of Family Courts and holding of sittings of Family Courts on holidays and outside normal working hours;
• holding of sittings of Family Courts at places other than their ordinary places of sitting;
• efforts which may be made by, and the procedure which may be followed by, a Family Court for assisting and persuading parties to arrive at a settlement.

Power of the Central Government to Make Rules

(1) The Central Government may, with the concurrence of the Chief Justice of India, by notification, make rules prescribing the other qualifications for appointment of a Judge referred to in clause (c) of sub-section (5) of section 4.

(2) Every rule made under this Act by the Central Government 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 both Houses agree that the rule should not be made, the rule 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.

Power of the State Government to Make Rules

The State Government has the authority to create rules for the implementation of this Act, following consultation with the High Court. These rules can cover various specific matters, as outlined below.

Rule-making Authority

• The State Government, in consultation with the High Court, can make rules through a notification to carry out the purposes of this Act.

Specific Matters for Rule-making

• The rules may provide for the following specific matters:
• Judges’ Compensation: Details regarding the salary, honorarium, allowances, and other terms and conditions for Judges as per sub-section (6) of section 4.
• Counsellors and Staff: Terms and conditions for the association of counsellors and the service conditions of officers and employees mentioned in section 6.
• Experts’ Fees: Payment of fees and expenses (including travel expenses) for medical and other experts as per section 12, including the scales of such fees and expenses.
• Amicus Curiae Fees: Payment of fees and expenses to legal practitioners appointed as amicus curiae under section 13, including the scales of such fees and expenses.
• Other Matters: Any other matters that need to be prescribed or provided for by rules.

Legislative Oversight

• Every rule made by the State Government under this Act must be laid before the State Legislature as soon as possible after it is made.