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26.   RULE MAKING POWER

26.1     The countries which provide rule making power are Bangladesh (Sec 139), Fiji (Sect 55), India (Sect 109) Philippines (Article 123) Sri Lanka (Article 61), Nepal (48), and Malaysia (Article 86).

26.2     The countries with Acts and Bye-laws only are Indonesia, Thailand, Japan and South Korea. In these countries the law in itself contains the regulations needed, and what is not covered in act is provided for in the bye-laws. Thus there is a clear demarcation between the intentions of the legislation and the intentions of the society members; the administrative authorities have to ensure compliance of these provisions only.

26.3     However in countries where the administrative authorities have been authorized to legislate, these rules may at times contradict the spirit of the law. This is not a healthy practice. The practice followed by Japan, South Korea, Indonesia should be adopted by other countries also for the sake of clarity and to avoid misuse of the flexibility of rule making.


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