Powers, Functionaries and Subordinate Legislation under the General Clauses Act

In one line

Sections 14 to 19 say how a power and an office are to be read, and sections 20 to 24 say how the rules, orders and notifications made under an Act are to be read, so that neither has to be spelt out in every statute.

In the wording a student can write in an exam: sections 14 to 19 of the General Clauses Act 1897 are grouped under the heading "Powers and functionaries" and provide that a power conferred may be exercised from time to time as occasion requires, that a power to appoint includes power to appoint by name or by virtue of office and power to suspend or dismiss, and that a reference to a functionary or a superior is a sufficient reference to their successors and subordinates; and sections 20 to 24 are grouped under the heading "Provisions as to orders, rules, etc., made under enactments" and provide that expressions in subordinate legislation bear the meanings they have in the parent Act, that a power to issue includes power to add to, amend, vary or rescind, that rules may be made between the passing and the commencement of an Act though they take effect only on commencement, what previous publication requires, and that subordinate legislation made under a repealed and re-enacted Act continues so far as it is not inconsistent.

Why this group exists

Because a statute that conferred a power would otherwise have to say, every time, that the power may be used more than once; that the person appointed under it may be removed; that the reference to an officer covers whoever holds the office next; and that the notification issued under it may be changed.

Every one of those is an obvious implication that somebody would sooner or later dispute. The Act settles them once.

Sections 14 to 19: powers and functionaries

Section 14: a power may be exercised from time to time

Where, by any Central Act or Regulation made after the commencement of this Act, any power is conferred, then, unless a different intention appears, that power may be exercised from time to time as occasion requires. Sub-section (2) applies the section to Central Acts and Regulations made on or after 14 January 1887.

The consequence: a power is not exhausted by being used once. An authority empowered to issue a notification may issue another; an authority empowered to grant an exemption may grant a second one. The contrary argument, that the power was spent when first exercised, fails unless the Act shows a different intention.

Section 15: power to appoint includes appointment by office

Where, by any Central Act or Regulation, a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment, if made after the commencement of this Act, may be made either by name or by virtue of office.