Section 29 of The Inland Waterways Authority of India Act, 1985
The Authority may, by general or special order in writing, delegate to the Chairman
or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order such of its powers and functions under this Act (except the powers under section 35) as it may deem necessary.
Summary
- The Authority can pass on (delegate) its powers and functions to the Chairman, any other member, or any officer of the Authority.
- This delegation must be done using a written general or special order.
- The delegation can have specific conditions and limitations written directly into the order.
- The Authority is strictly forbidden from delegating its power to make regulations under Section 35.
Practical examples
FAQ
1. Who can the Authority delegate its powers to?
The Authority can delegate powers to the Chairman, any other member of the Authority, or any of its officers.
2. Is a verbal agreement enough to delegate these powers?
No, the delegation must be made by a general or special order in writing.
3. Can the delegated powers be restricted?
Yes, the written order can specify conditions and limitations on the delegated powers.
4. What power can the Authority never delegate?
The Authority can never delegate its power to make regulations under Section 35 of the Act.
Test yourself
Q1.Under Section 29 of The Inland Waterways Authority of India Act, 1985, which of the following powers is the Authority strictly prohibited from delegating?
Q2.Under Section 29 of The Inland Waterways Authority of India Act, 1985, what form must a delegation of power take to be legally valid?
Q3.Under Section 29 of The Inland Waterways Authority of India Act, 1985, to whom can the Authority delegate its functions?
Q4.Under Section 29 of The Inland Waterways Authority of India Act, 1985, if the Authority wants to establish a penalty up to five hundred rupees for a rule infraction under Section 35, can it delegate this decision to the Chairman?