The Government of India enacted the Juvenile Justice Act in 1986.

In 1989 the General Assembly of the United

Nations adopted the Convention on the Rights of a Child. India ratified the UNCRC in 1992. The convention outlines the
right of the child to reintegration into society without judicial proceedings where avoidable. Hence the Government, to fulfil
the standards of the convention felt a need to re-write the law. Hence in 2000 the old law was replaced by the Juvenile
Justice (Care and Protection of Children) Act. In this act a child or juvenile is defined as a person who has not completed
his/her 18th year of age. It outlines two target groups: Children in need of care and protection and Juveniles in conflict with
law. This act protects not only the rights of children, but a person's rights when he/she was a child. Meaning that if a crime
or an incident took place while the person was a child, and then during the proceeding the juvenile ceased to be of age the
case would continue as if the juvenile has not turned eighteen yet.

The second chapter of the Act addresses Juveniles in Conflict with Law (JCLs). This section calls for the
establishment of Juvenile Justice Boards (JJBs) where the State Government sees fit. JJBs must contain a Metropolitan or
Judicial magistrate and two social workers where one of the workers must be a woman. The magistrate is required to have a
background in child psychology or child welfare. JCL cases can only be heard in the JJB and not by another court. The
powers of the JJB can be exercised in a High court or Court of Session when an appeal has been made as part of the act,
the state is required to set up a number of institutions where the needs and protection of juveniles may be fulfilled. For the
reception and rehabilitation of JCLs the state must set up Observation Homes and Special Homes in ever district or group
of districts. The state may directly set up these homes or contract a voluntary organisation to do so. Observation homes are
for institutions for juveniles while their proceedings are underway. After the proceedings of a particular case are complete,
the JJB may decide that the rehabilitation of the child is not complete and hence place them in a Special home for no longer
than three years.

When a police officer comes in contact with a juvenile he must place the child with the Special Juvenile Police Unit
(SJPU) who must report the child to the board without delay. Bail is available to juveniles in all cases as long as the Board
find the release of this child will not place him in any danger or in the influence of criminals. If the child is not released on
bail he is only to be placed into the custody of an Observation Home. The SJPU are responsible for informing the juvenile's
parents of the arrest, as well as inform the Probation Officer who will make the necessary enquires about the child.

The JJB must make an inquiry into the case and if they determine the child is guilty of the crime then they may
release the child after advice and counselling. The child can be released either to his parents/guardians or into an
institution, with or without a bond. The Board may also make the child pay a fine (if he is above fourteen and earns) or
complete hours of community service. A social investigation report from the probation officer is required for the child to be
discharged. The probation officers may be required to continue a follow up of the child even after discharge. A child can not
be charged with the death penalty, imprisonment which can extend to life imprisonment or committed to prison for inability
to pay a fine or providing a security for the bond.

Under this act juvenile cases can not be processed with non-juvenile cases. A juvenile can not be rendered unfit or
'disqualified". Juveniles are not exposed to the media as magazines, news papers and visual media are not permitted to
release the information about the juvenile. Juveniles who run away from the Observation or Special homes can be brought
back without a warrant and without punishment. Cruelty (such as assault or neglect) towards juveniles in the home or by any
person in charge of him/her is a punishable offence. This act also has provisions to penalize people who exploit children for a
crime. A person, who employs a child in a hazardous industry, employs him/her for begging or provides a child with drugs or
alcohol is liable to serve prison time and pay fines.

The fourth chapter discusses the importance of rehabilitation and social integration as the purpose of this act.
This section discusses certain non-institutional solutions such as adoption, foster care, and sponsorship. Orphaned and
abandoned children are eligible for adoption. The CWC may declare a child fit for adoption and refer him/her to an adoption
agency (set up by the government) for placement. Foster care in this act is only for looking after infants before adoption
takes place. Sponsorship programmes are to help provide supplementary educational, nutritional, medical and other services
to families, guardians, and homes. After-care organisations are also to be set up to take care of children after they leave
the homes.
 The last chapter of the act contains many miscellaneous provisions. Some of the notable provisions are as follows.
The act allows for children with special needs such as a mental or physical disease to be given the necessary attention at an
approved institution that specialises in the form of care. Under this act the government can set up advisory boards at
different levels to advise them about various implementation aspects of the act. The JJB and CWC have the authority to
release a child to his/her parents or give the child leave because of a death in the family, a wedding, a school examination,
etc. For the carrying out of this act, the state shall create a Child Protection Unit, whose officers are responsible to ensure
that the act is properly implemented. Rules for this act are to be made by each State Government.

Adoption Legislations in India & enactment of J.J. Act:

The existing legislations for adoption or taking a child in custody in India are following:
The Hindu Adoptions and Maintenance Act:
The Hindu Adoptions and Maintenance Act (HAMA), 1956, provides for adoption of Hindu children by the adoptive parents
belonging to Hinduism. This is not applicable to other communities like Muslims, Christians and Parsis. They have to recourse
to Guardians and Wards Act, 1890, wherein they become guardians of children. But the child does not have the status as it
would have had, had it been born to its adoptive parents. One of features of this Act is that no Hindu person can adopt a son
or daughter, if they already have a child of that sex. Often the intentions behind the law are good, but the methods
adopted fall short. The HAMA provides that there should be an age difference of 21 years between the adoptive parents
and the adopted child whenever they are of opposite sex. This is intended to prevent sexual abuse.

Relevant provisions for Adoption under J.J. Act, 2000 & Rules:
Sec.41 of J.J. Act, 2000 read with Rule 33(1) of Central Rules expresses the following aspects of adoption:
The primary aim of adoption is to provide a child who can’t be cared for by his biological parents with a permanent substitute
family. The family of a child has the primary responsibility to provide him care and protection. Orphan, abandoned or
surrendered children can be adopted for their rehabilitation through such mechanism as may be prescribed. Such children
may be given in adoption by a Court in keeping with the provisions of several guidelines regarding adoption issued by the
State Govt./Central Adoption Resource Authority and notified by the Central Govt. But the Court should be satisfied with
the investigation having carried out which are required for giving such children in adoption.

For placement of the orphan, abandoned or surrendered children for adoption in accordance with the said guidelines, the
State Govt. shall recognize in each district one or more institutions or voluntary organizations as specialized adoption
agencies.

The Children’s Homes and institutions run by the State Govt. or voluntary organizations for children in need of care and
protection who are orphan, abandoned or surrendered, should ensure that these children are declared free for adoption by
the Committee (Child Welfare Committee) and such cases shall be referred to the adoption agency of that district for their
placement in adoption

The guidelines issued by the CARA and notified by the Central Govt. U/s 41(3) of the Act, shall apply for all matters relating
to adoption.
Now, it is necessary to understand what is Child Welfare Committee. As per Sec.2 (f) of the Juvenile Justice Act, 2000 the
expression “Committee” means a Child Welfare Committee constituted U/s 29 of the Act. Now it is necessary to ascertain
the meaning of Child Welfare Committee.

Child Welfare Committee:

Sec. 29 of the Juvenile Justice Act, 2000 provides for the Child Welfare Committee. The Committee has the sole authority
to declare the child in need of care and protection who are orphan, abandoned or surrendered free for adoption.

CWC shall determine legal status of all orphan, abandoned and surrendered children. Functions and powers of the
Committee, procedure in relation to the Committee, production of child before committee, procedure for inquiry, procedure
related to orphan and abandoned children and procedure related to surrendered children shall be governed as laid down in
the Juvenile Justice Amendment Act 2006 and its Rules. On clearance from CWC that a particular child is free for adoption,
there will be termination of parental right.
Criteria for the Child to be adopted:
Sec.41 (5) of Juvenile Justice (Care & Protection of Children) Act, 2000provides that a child shall be offered for adoption
on fulfillment of the following requirements:
1. In case of abandoned child, if two members of the Committee declare the child legally free for placement.
2. In case of surrendered child, if the period two months for reconsideration by the parents is lapsed.
3. In case of a child who can understand and express his consent, if his/her consent is obtained in this regard.

To whom child may be given in adoption?

Sec. 41 (6) Juvenile Justice (Care & Protection of Children) Act, 2000 that the court is empowered by Sec.41 of the Act to
allow a child to be given in adoption to the following persons:
I. A person irrespective of his/her marital status,
II. The parents to adopt a child of the same sex irrespective of the number of existing biological sons or daughters.
III. The childless couples.

Procedure for adoption:

Procedure in case of orphaned and abandoned children:
The Specialized Adoption Agencies shall produce all orphaned and abandoned children who are to be declared legally free
for adoption before the Committee within 24 hours of receiving such children, excluding the time taken for journey. A copy
of the report should be filed with the police station in whose jurisdiction the child was found abandoned.

A Child becomes eligible for adoption when the Committee declares the child legally free for adoption after completion of
its inquiry. Such inquiry should be conducted by the Probation Officer or Child Welfare Officer, who shall produce report to
the Committee containing the findings within one month.

The Specialized adoption agency shall declare stating that there has been no claimant for the child even after making
notification in at least one leading national newspaper and one regional language newspaper for children below two years of
age and for children above two years, an additional television or radio announcement and notification to the missing persons
squad or bureau shall be made.

Time stipulation: In case of abandoned child below two years, such a declaration shall be done by CWC within a period of
sixty days from the time the child is found. For an abandoned child above two years of age, such a declaration shall be done
within the period of four months.

A child must be produced before the Committee at the time of declaring him/her legally free for adoption.

Subsequently, the child shall be placed in a specialized adoption agency or recognized and certified children’s home or in a
pediatric unit of a Govt. hospital followed by production of the child before the Committee within 24 hours.

No child above seven years of age who can understand and express his opinion shall be declared free for adoption without
his/her consent.
Procedure in case of surrendered children:

A surrendered child is one who has been declared as such after due process of inquiry by the Committee and in order to be
declared legally free for adoption, a surrendered child shall be any of the following:
1. Born as a consequence of non-consensual relationship,
2. Born of an unwed mother or out of wedlock,
3. Whose one of the biological parents is dead and the living parent is incapacitated to take care,
4. A child whose parents or guardians are compelled to relinquish him/her due to physical, emotional and social factors
beyond their control.

The Committee shall give effort for counseling of the parents, explaining the consequences of adoption and exploring the
possibilities of parents retaining the child and if the parents are unwilling to retain, then such children shall be kept initially
in foster care or arranged for their sponsorship.
If the surrender is inevitable, a deed of surrender shall be executed on a non-judicial stamp in presence of the Committee.
Time stipulation: In case of surrendered child, two months reconsideration time shall be given to the biological parent or
parents after surrender before declaring the child legally free for adoption.

THE JUVENILE JUSTICE (CARE AND PROTECTION OF

CHILDREN) AMENDMENT ACT, 2006

[22nd August, 2006.]

An Act to amend the Juvenile Justice (Care and Protection of Children) Act, 2000.
Be it enacted by Parliament in the Fifty-seventh Year of the Republic of India as
follows:—

1. Short title.- This Act may be called the Juvenile Justice (Care and Protection of
Children) Amendment Act, 2006.

2. Amendment of long title. - In the Juvenile Justice (Care and Protection of

Children) Act, 2000 (hereinafter referred to as the principal Act), in the long title, for the
words “through various institutions established under this enactment”, the words “and for
matters connected therewith or incidental thereto” shall be substituted.

3. Amendment of section 1. - In section 1 of the principal Act,—

(i) in the marginal heading, for the words “and commencement”, the words
“, commencement and application” shall be substituted;
(ii) after sub-section (3), the following sub-section shall be inserted, namely:—
“(4) Notwithstanding anything contained in any other law for the time being in
force, the provisions of this Act shall apply to all cases involving detention,
prosecution, penalty or sentence of imprisonment of juveniles in conflict with
law under such other law.”.

4. Amendment of section 2.- In section 2 of the principal Act,—

(i) after clause (a), the following clause shall be inserted, namely:—
‘(aa) “adoption” means the process through which the adopted child is permanently
separated from his biological parents and become the legitimate child of his adoptive
parents with all the rights, privileges and responsibilities that are attached to the
relationship;’;
(ii) in clause (d),—
(I) after sub-clause (i), the following sub-clause shall be inserted, namely:—
“(ia) who is found begging, or who is either a street child or a working child,”;
(II) in sub-clause (v), after the word ‘abandoned’, the words ‘or surrendered’ shall be
inserted;
(iii) in clause (h), for the words “competent authority”, the words “State Government on the
recommendation of the competent authority” shall be substituted;
(iv) for clause (l), the following clause shall be substituted, namely:—
‘(l) “juvenile in conflict with law” means a juvenile who is alleged to have committed
an offence and has not completed eighteenth year of age as on the date of commission
of such offence;’;
(v) clause (m) shall be omitted.

5. Omission of certain expressions.- Throughout the principal Act, the words “local
authority”, “or local authority” and “or the local authority”, wherever they occur, shall be
omitted.
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6. Amendment of section 4.- In section 4 of the principal Act, in sub-section (1), for
the words “by notification in the Official Gazette, constitute for a district or a group of
districts specified in the notification”, the words “within a period of one year from the date of
commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act,
2006, by notification in the Official Gazette, constitute for every district” shall be substituted.

7. Amendment of section 6.- In section 6 of the principal Act, in sub-section (1), the
words “or a group of districts” shall be omitted.

8. Insertion of new section 7A.- After section 7 of the principal Act, the following
section shall be inserted,
namely:—
“7A.Procedure to be followed when claim of juvenility is raised before any court.- (1)
Whenever a claim of juvenility is raised before any court or a court is of the opinion
that an accused person was a juvenile on the date of commission of the offence, the
court shall make an inquiry, take such evidence as may be necessary (but not an
affidavit) so as to determine the age of such person, and shall record a finding whether
the person is a juvenile or a child or not, stating his age as nearly as may be:
Provided that a claim of juvenility may be raised before any court and it shall be
recognised at any stage, even after final disposal of the case, and such claim shall be
determined in terms of the provisions contained in this Act and the rules made
thereunder, even if the juvenile has ceased to be so on or before the date of
commencement of this Act.
(2) If the court finds a person to be a juvenile on the date of commission of the
offence under sub-section (1), it shall forward the juvenile to the Board for passing
appropriate order, and the sentence if any, passed by a court shall be deemed to have
no effect.’’.

9. Amendment of section 10.- In section 10 of the principal Act, for sub-section (1),
the following sub-section shall be substituted, namely:—
“(1) As soon as a juvenile in conflict with law is apprehended by police, he shall be
placed under the charge of the special juvenile police unit or the designated police
officer, who shall produce the juvenile before the Board without any loss of time but
within a period of twenty-four hours of his apprehension excluding the time necessary
for the journey, from the place where the juvenile was apprehended, to the Board:
Provided that in no case, a juvenile in conflict with law shall be placed in a police
lockup or lodged in a jail.”.

10. Amendment of section 12.- In section 12 of the principal Act, in sub-section (1),
after the words “with or without surety”, the words “or placed under the supervision of a
Probation Officer or under the care of any fit institution or fit person” shall be inserted.

11. Amendment of section 14. - Section 14 of the principal Act shall be renumbered
as sub-section (1) thereof, and after sub-section (1) as so renumbered, the following subsection
shall be inserted, namely:—
“(2) The Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall review
the pendency of cases of the Board at every six months, and shall direct the Board to
increase the frequency of its sittings or may cause the constitution of additional
Boards.”.
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12.Amendment of section 15.- In section 15 of the principal Act, in sub-section (1),

for clause (g), the following clause shall be substituted, namely:—
“(g) make an order directing the juvenile to be sent to a special home for a period of
three years:
Provided that the Board may, if it is satisfied that having regard to the nature
of the offence and the circumstances of the case, it is expedient so to do, for reasons
to be recorded, reduce the period of stay to such period as it thinks fit.".

13. Amendment of section 16.- In section 16 of the principal Act,—

(i) in sub-section (1), for the words “or life imprisonment”, the words “or imprisonment for
any term which may extend to imprisonment for life” shall be substituted;
(ii) in sub-section (2), for the proviso, the following proviso shall be substituted, namely:—
“Provided that the period of detention so ordered shall not exceed in any case the
maximum period provided under section 15 of this Act.”.

14. Amendment of section 20.- In section 20 of the principal Act, the following
proviso and Explanation shall be inserted, namely:—
“Provided that the Board may, for any adequate and special reason to be mentioned in
the order, review the case and pass appropriate order in the interest of such juvenile.
Explanation.— In all pending cases including trial, revision, appeal or any other
criminal proceedings in respect of a juvenile in conflict with law, in any court, the
determination of juvenility of such a juvenile shall be in terms of clause (l) of section
2, even if the juvenile ceases to be so on or before the date of commencement of this
Act and the provisions of this Act shall apply as if the said provisions had been in
force, for all purposes and at all material times when the alleged offence was
committed.”.

15. Substitution of new section for section 21.- For section 21 of the principal Act,
the following section shall be substituted, namely :—
“21. Prohibition of publication of name, etc., of juvenile in conflict with law or child
in need of care and protection involved in any proceeding under the Act.- (1) No
report in any newspaper, magazine, news-sheet or visual media of any inquiry
regarding a juvenile in conflict with law or a child in need of care and protection
under this Act shall disclose the name, address or school or any other particulars
calculated to lead to the identification of the juvenile or child nor shall any picture of
any such juvenile or child be published:
Provided that for reasons to be recorded in writing, the authority holding the inquiry
may permit such disclosure, if in its opinion such disclosure is in the interest of the
juvenile or the child.
(2) Any person who contravenes the provisions of sub-section (1), shall be
liable to a penalty which may extend to twenty-five thousand rupees.”.

16. Amendment of section 29. - In section 29 of the principal Act, in sub-section (1),
for the words ‘‘by notification in Official Gazette, constitute for every district, or group of
districts specified in the notification’’, the words ‘‘within a period of one year from the date
of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act,
2006, by notification in the Official Gazette, constitute for every district’’ shall be
substituted.
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17. Amendment of section 32.- In section 32 of the principal Act,—

(a) in sub-section (1),—
(i) in clause (iv), the words ‘‘authorised by the State Government’’ shall be omitted;
(ii) the following proviso shall be inserted at the end, namely:—
“Provided that the child shall be produced before the Committee without any
loss of time but within a period of twenty-four hours excluding the time
necessary for the journey.”;
(b) in sub-section (2), the words “to the police and” shall be omitted.

18. Amendment of section 33.- In section 33 of the principal Act,—

(a) in sub-section (1), the words “or any police officer or special juvenile police unit or the
designated police officer” shall be omitted;
(b) for sub-section (3), the following sub-sections shall be substituted, namely:—
“(3) The State Government shall review the pendency of cases of the Committee at
every six months, and shall direct the Committee to increase the frequency of its
sittings or may cause the constitution of additional Committees.
(4) After the completion of the inquiry, if, the Committee is of the opinion that the
said child has no family or ostensible support or is in continued need of care and
protection, it may allow the child to remain in the children’s home or shelter home till
suitable rehabilitation is found for him or till he attains the age of eighteen years.”.

19. Amendment of section 34.- In section 34 of the principal Act, after sub-section
(2), the following sub-section shall be inserted, namely:—
“(3) Without prejudice to anything contained in any other law for the time being in
force, all institutions, whether State Government run or those run by voluntary
organisations for children in need of care and protection shall, within a period of six
months from the date of commencement of the Juvenile Justice (Care and Protection
of Children) Amendment Act, 2006, be registered under this Act in such manner as
may be prescribed.”.

20. Amendment of section 39.- In section 39 of the principal Act, for the
Explanation, the following Explanation shall be substituted, namely:—
‘Explanation.— For the purposes of this section “restoration of and protection of a
child” means restoration to—
(a) parents;(b) adopted parents;(c) foster parents;(d) guardian;(e) fit person;(f) fit institution.’.

21. Amendment of section 39.- In section 41 of the principal Act,—

(i) for sub-sections (2), (3) and (4), the following sub-sections shall be substituted, namely:—
“(2) Adoption shall be resorted to for the rehabilitation of the children who are
orphan, abandoned or surrendered through such mechanism as may be prescribed.
(3) In keeping with the provisions of the various guidelines for adoption issued from
time to time, by the State Government, or the Central Adoption Resource Agency and
notified by the Central Government, children may be given in adoption by a court
after satisfying itself regarding the investigations having been carried out, as are
required for giving such children in adoption.
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(4) The State Government shall recognise one or more of its institutions or voluntary
organisations in each district as specialised adoption agencies in such manner as may
be prescribed for the placement of orphan, abandoned or surrendered children for
adoption in accordance with the guidelines notified under sub-section (3):
Provided that the children's homes and the institutions run by the State Government or
a voluntary organisation for children in need of care and protection, who are orphan,
abandoned or surrendered, shall ensure that these children are declared free for
adoption by the Committee and all such cases shall be referred to the adoption agency
in that district for placement of such children in adoption in accordance with the
guidelines notified under sub-section (3).”;
(ii) for sub-section (6), the following sub-section shall be substituted, namely:—
“(6) The court may allow a child to be given in adoption—
(a) to a person irrespective of marital status; or
(b) to parents to adopt a child of same sex irrespective of the number of living
biological sons or daughters; or
(c) to childless couples.”.

22. Substitution of new section for section 57. - For section 57 of the principal Act,
the following section shall be substituted, namely :—
“57. Transfer between children's homes under the act, and juvenile homes of like
nature in different parts of India. The State Government may direct any child or the
juvenile to be transferred from any children’s home or special home within the State
to any other children’s home, special home or institution of a like nature or to such
institutions outside the State in consultation with the concerned State Government and
with the prior intimation to the Committee or the Board, as the case may be, and such
order shall be deemed to be operative for the competent authority of the area to which
the child or the juvenile is sent.”.
23. Amendment of section 59. - In section 59 of the principal Act, in sub-section (2),
for the words “for maximum seven days”, the words “for a period generally not exceeding
seven days” shall be substituted.

24. Insertion of new section 62A.- After section 62 of the principal Act, the
following section shall be inserted, namely:—
“62A.Constitution of Child Protection Unit responsible for implementation of the
Act.- Every State Government shall constitute a Child Protection Unit for the State
and, such Units for every District, consisting of such officers and other employees as
may be appointed by that Government, to take up matters relating to children in need
of care and protection and juveniles in conflict with law with a view to ensure the
implementation of this Act including the establishment and maintenance of homes,
notification of competent authorities in relation to these children and their
rehabilitation and co-ordination with various official and non-official agencies
concerned.”.

25. Amendment of section 64.- In section 64 of the principal Act,—

(i) for the words “may direct”, the words “shall direct” shall be substituted;
(ii) the following proviso and Explanation shall be inserted, namely:—
“Provided that the State Government, or as the case may be the Board, may, for any
adequate and special reason to be recorded in writing, review the case of a juvenile in
conflict with law undergoing a sentence of imprisonment, who has ceased to be so on
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or before the commencement of this Act, and pass appropriate order in the interest of
such juvenile.
Explanation.—In all cases where a juvenile in conflict with law is undergoing
a sentence of imprisonment at any stage on the date of commencement of this Act, his
case including the issue of juvenility, shall be deemed to be decided in terms of clause
(l) of section 2 and other provisions contained in this Act and the rules made
thereunder, irrespective of the fact that he ceases to be a juvenile on or before such
date and accordingly he shall be sent to the special home or a fit institution, as the
case may be, for the remainder of the period of the sentence but such sentence shall
not in any case exceed the maximum period provided in section 15 of this Act.".

26. Amendment of section 68.- In section 68 of the principal Act,—

(a) in sub-section (1), the following proviso shall be inserted, namely:—
“Provided that the Central Government may, frame model rules in respect of all or
any of the matters with respect to which the State Government may make rules under
this section, and where any such model rules have been framed in respect of any such
matter, they shall apply to the State until the rules in respect of that matter is made by
the State Government and while making any such rules, so far as is practicable, they
conform to such model rules.”;
(b) in sub-section (2),—
(i) in clause (x), after the words, letter and brackets “sub-section (2)”, the following
words, letter and brackets shall be inserted, namely:—
“and the manner of registration of institutions under sub-section (3)”;
(ii) after clause (xii), the following clause shall be inserted, namely:—
“(xiia) rehabilitation mechanism to be resorted to in adoption under sub-section (2),
notification of guidelines under sub-section (3) and the manner of recognition of
specialised adoption agencies under sub-section (4) of section 41;”;
(c) sub-section (3) shall be re-numbered as sub-section (4) thereof, and before
sub-section (4) as so re-numbered, the following sub-section shall be inserted
namely:—
“(3) Every rule 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 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.”.