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Microlesson · 5-min read

Power Conferred to be Exercisable from Time to Time; Power to Appoint Ex-officio (Sections 14 and 15)

# Sections 14 and 15 — Exercise and Manner of Powers

## Section 14 — Power conferred to be exercisable from time to time

Where any Central Act or Regulation confers a power on any authority, the power may be exercised from time to time, as occasion requires, unless a different intention appears.

### Key implications

  • A power is not exhausted by a single exercise — it is recurring and continuous.
  • Examples: power to make rules, power to issue notifications, power to grant exemptions, power to impose conditions. Each can be exercised whenever the situation demands.
  • This is read with Section 21 (which permits amendment, variation or rescission of orders/rules made under such powers).

## Section 15 — Power to appoint to include power to appoint ex-officio

Where any Central Act or Regulation gives any authority the power to appoint any person to an office, the appointment may be made either:

  • by name (specifying the individual), or
  • by virtue of office (ex-officio).

### What is 'ex-officio'?

A Latin term meaning 'by virtue of one's office'. The person who happens to hold a particular office automatically also holds the appointed position, without a separate name-wise appointment.

### Illustration

Under the Companies Act, 2013, the Chairman of the Board of Directors is, by default, the Chairman of the General Meeting (unless he chooses otherwise).

➡ Whoever holds the office of Chairman of the Board is ex-officio Chairman of the Meeting. A power to appoint the Chairman of the Board therefore impliedly includes the power to appoint the Chairman of the Meeting.

### Practical importance

Ex-officio appointments save the trouble of re-issuing fresh appointment orders every time the office-holder changes. The position automatically attaches to whoever currently holds the linked office.

Worked example

### Example 1

Q: The Central Government is empowered to grant exemptions under an Act. After granting an exemption to X, is its power exhausted?

A: No. Section 14 permits the power to be exercised from time to time. The Government may grant further exemptions to others, or vary/withdraw existing ones (read with Section 21).

### Example 2

Q: A statute authorises a regulator to appoint a 'Chairperson'. Can the regulator simply appoint 'whoever holds the office of Secretary, Ministry of Finance' rather than name a specific individual?

A: Yes. Under Section 15, the appointment may be made by name or by virtue of office (ex-officio). The Secretary becomes Chairperson automatically by holding that office.

### Example 3

Q: If the Secretary of the Ministry retires and a new Secretary takes over, does a fresh appointment as Chairperson have to be issued?

A: No. Because the appointment is ex-officio, it attaches to whoever holds the Secretary's office. The new Secretary automatically becomes the new Chairperson.

⚠️ Common exam mistakes

  • Believing a statutory power can be used only once — Section 14 makes it a recurring power unless the Act says otherwise.
  • Thinking every appointment requires a named individual. Ex-officio appointments under Section 15 are equally valid.
  • Confusing Section 14 with Section 21. Section 14 is about repeated exercise of a power; Section 21 covers amendment/rescission of orders already issued.
Bare-Act text Sections 14 and 15 · The General Clauses Act, 1897 · click to expand
Section 14: Where, by any Central Act or Regulation made after the commencement of this Act, any power is conferred, then, unless a different intention appears, that power may be exercised from time to time as occasion requires. Section 15: Where, by any Central Act or Regulation, a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment may be made either by name or by virtue of office.
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