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Microlesson · 5-min read

Powers and Functionaries

# Powers and Functionaries [Sections 14 to 19]

## Power Conferred to be Exercisable

If any power is conferred by statute, that power can be exercised whenever required — not just once.

## Power to Appoint Includes Power to Appoint Ex-Officio

If the power to appoint a person is conferred, appointment may be made:

  • By name, OR
  • By virtue of office (ex-officio)

## Power to Appoint Includes Power to Suspend/Dismiss

The authority having the power to make appointments automatically has the power to:

  • Suspend, or
  • Dismiss

any person appointed by itself or by another authority.

## Official Chiefs and Subordinates

If law applies to the chief/superior of an office:

→ It also applies to deputies/subordinates performing duties in place of the superior.

## Substitution of Functionaries

To indicate application of law to a person executing the functions of an office, it is sufficient to mention:

  • The official title of the officer executing the functions, OR
  • The officer who commonly executes such functions

## Successors

To indicate application of law to successors of functionaries or corporations having perpetual succession, it is sufficient to express application to the functionaries/corporations themselves.

Worked example

### Example 1

Subordinate exercising power: X, Director of DGCA, went on leave. Y, his deputy, handled his duties. Under Section 17, all powers & duties of X are validly extended to Y, and all actions taken by Y are valid.

⚠️ Common exam mistakes

  • Assuming statutory powers expire after one exercise — they remain exercisable as needed
  • Believing appointments can only be made by name and not ex-officio
  • Thinking the authority that has the power to appoint cannot suspend or dismiss the appointee
  • Limiting law's application to the named chief and excluding subordinates performing duties in their place
Reference: Sections 14 to 19 — The General Clauses Act, 1897
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