20. 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.
21. 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:—
(a) normal working hours of Family Courts and holding of sittings of Family Courts on holidays
and outside normal working hours;
(b) holding of sittings of Family Courts at places other than their ordinary places of sitting;
(c) 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.
1. Subs. by Act 59 of 1991, s. 2, for “Appeals” (w.e.f 28-12-1991).
2. Ins. by s.2, ibid. (w.e.f. 28-12-1991).
3. Sub-section (4) renumbered as sub-section (5) thereof by s. 2, ibid. (w.e.f. 28-12-1991).
4. Sub-section (6) by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No.
S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order,
2020, notification No. S.O. 3774(E), dated (23-10-2020).
8
22. 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 (3) 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.
23. Power of the State Government to make rules.—(1) The State Government may, after
consultation with the High Court, by notification, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the provisions of sub-section (1) such rules
may provide for all or any of the following matters, namely:—
(a) the salary or honorarium and other allowances payable to, and the other terms and conditions
of Judges under sub-section (6) of section 4;
(b)the terms and conditions of association of counsellors and the terms and conditions of service
of the officers and other employees referred to in section 6;
(c) payment of fees and expenses (including travelling expenses) of medical and other experts and
other persons referred to in section 12 out of the revenues of the State Government and the scales of
such fees and expenses;
(d) payment of fees and expenses to legal practitioners appointed under section 13 as amicus
curiae out of the revenues of the State Government and the scales of such fees and expenses;
(e) any other matter which is required to be, or may be, prescribed or provided for by rules.
(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is
made, before the State Legislature.