Section 48 of The Warehousing (Development and Regulation) Act, 2007 in hindi
The Authority may, by general or special order in writing, delegate to the Chairperson or any other member or officer of the Authority subject to such conditions, if any, as may be specified in the order, such of its powers and functions (excluding the power to make regulations under section 51) under this Act as it may deem necessary.
Summary
- It empowers the Warehousing Development and Regulatory Authority to delegate its powers and functions.
- It requires that any delegation must be made in writing through a general or special order.
- It limits delegation to specific individuals, namely the Chairperson, any other member, or an officer of the Authority.
- It strictly forbids the delegation of the Authority's power to make regulations under Section 51.
- It allows the Authority to impose conditions on any delegated powers within the written order.
Practical examples
FAQ
1. How does the Warehousing Authority delegate its powers under Section 48 of the Warehousing (Development and Regulation) Act, 2007?
Under Section 48 of the Warehousing (Development and Regulation) Act, 2007, the Authority may delegate its powers by issuing a general or special order in writing.
2. Who can receive delegated powers from the Authority under Section 48 of the Warehousing (Development and Regulation) Act, 2007?
Under Section 48 of the Warehousing (Development and Regulation) Act, 2007, the powers can be delegated to the Chairperson, any other member of the Authority, or any officer of the Authority.
3. Which power cannot be delegated by the Authority under Section 48 of the Warehousing (Development and Regulation) Act, 2007?
Under Section 48 of the Warehousing (Development and Regulation) Act, 2007, the power to make regulations under Section 51 of the Act is explicitly excluded and cannot be delegated.
4. Can the Authority attach conditions to delegated powers under Section 48 of the Warehousing (Development and Regulation) Act, 2007?
Yes, under Section 48 of the Warehousing (Development and Regulation) Act, 2007, delegated powers are exercised subject to such conditions, if any, as may be specified in the written order.
Test yourself
Q1.Under Section 48 of the Warehousing (Development and Regulation) Act, 2007, in what manner must the Authority delegate its powers?
Q2.Under Section 48 of the Warehousing (Development and Regulation) Act, 2007, to whom can the Authority delegate its powers and functions?
Q3.Under Section 48 of the Warehousing (Development and Regulation) Act, 2007, which of the following powers is strictly excluded from delegation?
Q4.Under Section 48 of the Warehousing (Development and Regulation) Act, 2007, if the Authority delegates a power to an officer, what is the legal status of that officer under Section 46 when exercising that power?
Q5.Under Section 48 of the Warehousing (Development and Regulation) Act, 2007, how can the Authority control the exercise of delegated powers?