Section 15 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984
Appointment of Commissioner of Payments.
- (1)The Central Government shall, for the purpose of disbursing the amounts payable under sections 8 and 9 to each of the two companies, by notification, appoint a Commissioner of Payments.
- (2)The Central Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers.
- (3)Any person authorised by the Commissioner to exercise any of the powers exercisable by the Commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation.
- (4)The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of India.
Summary
- The Central Government is required to appoint a Commissioner of Payments by publishing an official notification.
- The specific purpose of this appointment is to disburse the payment amounts specified under Section 8 and Section 9 of the Act to each of the two companies.
- The Central Government may also appoint other persons to assist the Commissioner of Payments in carrying out their duties.
- The Commissioner has the authority to delegate and authorize one or more of these assistants to exercise any of the powers given to the Commissioner under the Act.
- Any assistant exercising these authorized powers does so with the same legal effect as if the powers were directly given to them by the Act itself.
- The salaries and allowances of the Commissioner and their assistants are paid out of the Consolidated Fund of India.
Practical examples
FAQ
1. What is the main purpose of appointing a Commissioner of Payments under Section 15?
The main purpose of the Commissioner of Payments is to disburse the cash amounts payable under Section 8 (for the transfer and vesting of the undertakings) and Section 9 (for the deprivation of management) to each of the two companies.
2. Can the Commissioner of Payments get help to handle the claims, and can those assistants make decisions?
Yes, the Central Government can appoint other persons to assist the Commissioner. The Commissioner can authorize these assistants to exercise any of their powers, and their actions will have the same legal force as if they had been directly granted by the Act.
3. How are the salaries and administrative costs of the Commissioner of Payments funded?
The salaries and allowances of the Commissioner of Payments and any other appointed assistant are paid out of the Consolidated Fund of India.
4. Who actually appoints the Commissioner of Payments and how is the appointment made public?
The Central Government appoints the Commissioner of Payments, and this appointment must be made through an official notification published in the Gazette.
Test yourself
1.Under Section 15 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, which two other provisions must the Commissioner of Payments disburse funds under?
2.Under Section 15 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, how are the salaries and allowances of the Commissioner and their assistants paid?
3.Under Section 15 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, what is the legal effect when an assistant authorized by the Commissioner exercises a power?
4.Under Section 15 of The Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act, 1984, in relation to Section 8 and Section 9, which of the following is true regarding the Commissioner's role?