The Closing Provisions of the Act

In one line

Nine sections close the Act, and one of them, the rule-making power in section 87, is the source of every set of rules worked in this book.

Sections 82 to 84: the officers

Section 82: the Controller, Deputy Controllers and Assistant Controllers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860, now section 2(28) of the Bharatiya Nyaya Sanhita, 2023.

What that carries. The offences of a public servant taking gratification and of criminal misconduct apply to them, under the Prevention of Corruption Act, 1988; and the protection of sanction for prosecution applies. Chapter 400.

Section 83, directions to a State. The Central Government may give directions to any State Government as to the carrying into execution in the State of any provision of the Act or of any rule, regulation or order made under it.

Why this section exists. The Act is a Union law, but its execution depends on State police and State officers: adjudicating officers are State Secretaries, investigation is by State police under section 78, and the appropriate Government under section 2(1)(e) may be a State. Section 83 is the constitutional hook, corresponding to article 256 of the Constitution, which obliges a State to ensure compliance with laws made by Parliament and empowers the Union to give directions to that end.

Section 84, protection for good faith action. No suit, prosecution or other legal proceeding shall lie against the Central Government, a State Government, the Controller or any person acting on his behalf, or an adjudicating officer, for anything done or intended to be done in good faith in pursuance of the Act or any rule, regulation or order.

Two points. The protection is for good faith, which section 3(22) of the General Clauses Act, 1897, defines as done honestly, whether negligently or not. And an act done outside the Act, or in bad faith, is unprotected, so section 84 is no answer to a challenge to a direction made without jurisdiction.

And note who is not protected. An intermediary is not, which is why section 79 and rule 2(1B) exist separately. Chapters 1360 and 990.

Section 86: removal of difficulties

Sub-section (1): if any difficulty arises in giving effect to the Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the Act as appear necessary or expedient for removing the difficulty. The proviso: no order shall be made after the expiry of two years from the commencement of the Act.

Sub-section (2): every such order shall be laid before each House of Parliament.

So the power is spent. The Act commenced on 17 October 2000, and the power expired on 17 October 2002. It is worth knowing only because a student should be able to say that a removal of difficulties order cannot now be made, and because such clauses are a standing subject of criticism as permitting the executive to amend a statute.