Section 38. Rules and regulations to be laid before Parliament

38. Rules and regulations to be laid before Parliament.— Every rule and every regulation made by the Central Government under this Act 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 to the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation 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 or regulation. STATEMENT OF OBJECTS AND REASONS In the wake of the Chinese aggression, Government formulated a Compulsory Liability Scheme whereby engineers and doctors belonging to certain age groups, who were either in Government service or in the service of any public sector undertaking, were made liable to render service in the Armed Forces of the Union for a specified period. It is apprehended that this scheme might lead to a diversion of medical and engineering graduates away from Government service or service in any public sector undertaking. Besides, it has been found that the Compulsory Liability Scheme cannot, by itself, be relied upon to provide a sufficient number of doctors and engineers for the Armed Forces of the Union or for other forms of national service. It is, therefore, considered necessary that this liability should be extended to all persons who hold recognised medical qualifications within the meaning of the Indian Medical Council Act, 1956, or a degree in engineering or technology, or both. It is also felt that the Scheme should cover any kind of national service which the Government may specify and that the Scheme should not be restricted in its scope to defence efforts only. This will have the advantage of widening the base of recruitment to the Armed Forces of the Union and will also help in ensuring that doctors or engineers required for activities of national importance such as, construction of dams in remote and difficult areas, family planning programme and health services in rural areas, etc., become available. It will also enable the setting up of an agency fully equipped with detailed and up-to-date information regarding the availability of engineers and doctors and of a machinery for their mobilisation which will be essential in the event of an emergency.