Section 30 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986
Delegation of powers.
- (1)The Central Government may by notification, direct that all or any of the powers exercisable by it under this Act, other than the powers conferred by this section and sections 31 and 32, may also be exercised by such person or persons as may be specified in the notification.
- (2)Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Central Government.
Summary
- The Central Government can give its powers under this Act to another person or group through a published notification.
- The government cannot pass on its power to make rules (Section 31).
- The government cannot pass on its power to remove difficulties (Section 32).
- Anyone who receives these delegated powers must act under the direction, control, and supervision of the Central Government.
Practical examples
FAQ
1. Can the Central Government let someone else handle its duties under this Act?
Yes, it can delegate most of its powers by publishing a notification.
2. Are there any powers the government must keep for itself?
Yes, it cannot delegate the power to delegate, the power to make rules, or the power to remove difficulties.
3. Can the delegated person do whatever they want?
No, they must always follow the direction, control, and supervision of the Central Government.
Test yourself
Q1.Under Section 30 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, how must the Central Government announce that it is passing its powers to someone else?
Q2.Under Section 30 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, which of the following powers is the Central Government legally forbidden from delegating to another person?
Q3.Under Section 30 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, if a person is granted delegated powers, how much independence do they have in exercising those powers?
Q4.Under Section 30 of The Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act, 1986, if a difficulty arises in applying the Act as described in Section 32, can the Central Government authorize a local official to issue an order to fix it?