State · Assam

Section 3 of The Immigrants (Expulsion from Assam) Act, 1950

The Central Government may, by notification in the Official Gazette, direct that the powers and duties conferred or imposed on it by section 2 shall, subject to such conditions, if any, as may be specified in the notification, be exercised or discharged also by—

(a)any officer subordinate to the Central Government;
(b)the 1 [ 2 [Government of Assam, Meghalaya or Nagaland] any officer subordinate to that Government.

Summary

The Central Government can delegate, meaning share or hand over, its powers and duties from Section 2.
This delegation of power must be done through an official announcement, which is a notification in the Official Gazette.
The delegated powers can be exercised by any officer subordinate to, meaning lower in rank than, the Central Government.
The powers can also be given to the Government of Assam, Meghalaya, or Nagaland, or any officer subordinate to those state governments.
The delegation can be made subject to specific conditions written in the official notification.

Practical examples

1On April 5, 1953, the Central Government publishes a notice in the Gazette. This notice gives Deputy Commissioner Verma, a subordinate officer, the power to sign expulsion orders for the district under Section 2.

2In January 1975, the Central Government decides to let the Government of Meghalaya handle local expulsions. They publish a notification allowing Meghalaya state officers to exercise these powers, subject to weekly progress reports.

FAQ

1. How does the Central Government delegate its power under Section 3?

The Central Government delegates its power by publishing a notification in the Official Gazette.

2. Which state governments can receive delegated powers under this section?

The Government of Assam, Meghalaya, or Nagaland can receive these delegated powers.

3. Can a subordinate officer of a state government exercise these powers?

Yes, any officer subordinate to the Government of Assam, Meghalaya, or Nagaland can be authorized.

4. Can the Central Government put limits on the delegated powers?

Yes, the delegation is subject to such conditions, if any, as may be specified in the notification.

Test yourself

Q1.How must the Central Government direct that its powers be delegated under Section 3?

Q2.Which section's powers and duties can be delegated under Section 3?

Q3.Who among the following can NOT receive delegated powers directly under Section 3?

Q4.Can the Central Government impose restrictions when delegating powers under Section 3?

Q5.Which of the following states is explicitly mentioned in Section 3 as a government that can be delegated power?

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State · Assam

Section 3 of The Immigrants (Expulsion from Assam) Act, 1950

(a)any officer subordinate to the Central Government;
(b)the 1 [ 2 [Government of Assam, Meghalaya or Nagaland] any officer subordinate to that Government.

Summary

The Central Government can delegate, meaning share or hand over, its powers and duties from Section 2.
This delegation of power must be done through an official announcement, which is a notification in the Official Gazette.
The delegated powers can be exercised by any officer subordinate to, meaning lower in rank than, the Central Government.
The powers can also be given to the Government of Assam, Meghalaya, or Nagaland, or any officer subordinate to those state governments.
The delegation can be made subject to specific conditions written in the official notification.