Section 34B of The Offshore Areas Mineral (Development and Regulation) Act, 2002 in hindi
Power of Central Government to issue directions.
1[34B. Power of Central Government to issue directions.-- Notwithstanding anything contained in this Act, the Central Government may give such directions to the administering authority, as it may deem necessary, in public interest, strategic interest of the country, conservation and development of mineral, or to carry out the provisions of this Act or the rules made thereunder.]
Summary
- The Central Government is given broad power to issue directions directly to the administering authority.
- This power overrides other parts of the law, as it applies notwithstanding anything contained in this Act.
- Directions can be given for several important reasons, such as public interest, the strategic interest of the country, or mineral conservation.
Practical examples
FAQ
1. Can another rule in this law stop the Central Government from issuing a direction under this section?
No, this power applies notwithstanding anything contained in this Act, meaning it overrides other rules.
2. Who receives these directions from the Central Government?
The directions are given to the administering authority.
3. What kind of reasons justify issuing these directions?
They can be issued in the public interest, strategic interest of the country, conservation and development of mineral, or to carry out the provisions of the law.
Test yourself
1.Under Section 34B of The Offshore Areas Mineral (Development and Regulation) Act, 2002, who is the recipient of the directions issued by the Central Government?
2.Under Section 34B of The Offshore Areas Mineral (Development and Regulation) Act, 2002, which phrase shows that this power can bypass other rules in the law?
3.Which of the following is NOT listed as a valid reason for the Central Government to issue directions under Section 34B of The Offshore Areas Mineral (Development and Regulation) Act, 2002?
4.If the Central Government delegates a power to a subordinate officer under Section 32, but then issues an overriding direction on the same topic under Section 34B of The Offshore Areas Mineral (Development and Regulation) Act, 2002, why does the 34B direction win out?