The Anti-Corruption Commission Act, 2004 (Act No. V of 2004); section 32

Relationship between parent law with subordinated legislation

When there is conflict between the parent Law and this Rule, the Law will prevail over the Rules. Rules made under a statute must be treated for all purposes of construction or obligations exact­ly as if they were in the Act and are to be of same effect as if contained in the Act and are to be judi­cially noticed for all purposes of construction and obligation. The exercise of power of making Rules is referable to a power, which confers validity upon it. The Rules framed under a power conferred by a section of an Act should be read as part of that sec­tion and not as an additional section to that Act. In construing 'Rules', they shall be given the same effect as if they were contained in the Act. It means that they cannot be given any other construction than that they shall for all pur­poses of construction or obligation or otherwise, be treated exactly as if they were in the Act. In other words, if validity made the Rules are to be given the effect as the provisions of the Act……………..(8)

The question of validity of sub­ordinate legislation depends on the vires of the Rules made by the Rule-making authority under powers conferred by the enabling statute. If the authority in making the Rules transcends its powers, the Rule will be invalid for, statutory Rules made in exercise of the delegated authority are valid and binding only if made within the limits of the author­ity conferred…………………………..(9)