Section 41 of (Enforcement) Act, 1958 — Delegation of powers
Bare section text
Official Legislative Text
Delegation of powers.-The Government may, by notification, direct that any power exercisable by them under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, as may be specified in such notification, be exercisable also by such officer or authority subordinate to the Government as may be specified in the notification.
Educational Study Layer
Summary
- The Government has the power to delegate, which means to hand over, its powers under this Act to others.
- The delegation must be done through an official notification, which is a formal public announcement.
- These handed over powers can be given to any subordinate officer or authority, meaning a lower-ranking official or department.
- The notification must specify the exact matters to which the handed over powers apply.
- The subordinate officer must follow any conditions and limits specified in the notification.
Practical examples
FAQ
1. Can the Government pass its powers under Section 41 of the Act to a lower-ranking officer?
Yes, under Section 41, the Government can issue a notification to delegate any power it holds under the Act or its rules to any subordinate officer or authority.
2. Does a delegated officer have unlimited authority under Section 41 of the Act?
No, under Section 41, the delegated power is strictly limited to the specific matters and subject to the conditions specified in the Government notification.
3. How does the Government legally delegate its powers under Section 41 of the Act?
Under Section 41, the Government must issue an official notification, which is a formal public announcement, to make any delegation of powers legally valid.
Practice Quiz
Q1.The Government wants to delegate its power to license manufacturers under Section 13 of the Act to the Controller. What must the Government do to make this delegation legally active under Section 41?
Q2.An Assistant Controller is delegated the power to inspect records under Section 17. The notification states this power only applies to commercial transactions in the grain trade. The officer tries to inspect records of a jewelry shop. Is this inspection valid under Section 41?
Q3.The Government wants to delegate its power to prescribe rules to a subordinate authority. Which of the following is true under Section 41 of the Act?
Q4.A subordinate officer exercises a delegated power under Section 41 of the Act but violates a condition laid down in the delegating notification. What is the status of the officer's action?