# Powers and Functionaries under the General Clauses Act, 1897

This cluster of sections (16-19) deals with implied powers that come along with express powers granted by law, and how laws apply to office-holders and their successors.

## Section 16 — Power to Appoint Includes Power to Suspend or Dismiss

Core Rule: Whenever a legislation or regulation gives an authority the power to appoint a person, that same authority is automatically vested with the implied power to suspend or dismiss the appointed person.

Why this matters: The lawmaker need not separately mention disciplinary powers — they are read into the appointing power itself.

Illustration: The Constitution gives the Chief Justice the power to appoint officers and servants of a High Court. By Section 16, the Chief Justice also has the implied power to suspend or dismiss them, even though the Constitution does not say so expressly.

## Section 17 — Substitution of Functionaries

When a law is to apply to whoever is occupying a particular office at a given time, the law should refer to:

The official title of the present officer executing those functions, OR
The title of the officer commonly executing those functions.

This avoids a law becoming inoperative just because the individual occupying the post has changed.

## Section 18 — Successors

For functionaries or corporations having perpetual succession, the law of successors must be specified.

Illustration: The Companies Act, 2013 deals with the situation where the sole member of a One Person Company (OPC) dies — because an OPC is meant to have perpetual succession, a nominee takes over.

## Section 19 — Official Chiefs and Subordinates

Any law that is applicable to the chief or superior of an office shall also apply to the deputies and subordinates who are performing the duties of that office in place of the superior.

This ensures legal continuity when subordinates step in for their seniors.

## Quick Recap

Section	Power/Principle
16	Power to appoint = Power to suspend/dismiss
17	Refer to office, not individual
18	Specify rules of succession
19	Rules for chief apply to acting subordinates

Worked example

### Example 1

Q: The Chief Justice of a High Court appointed Mr. X as a clerk. Later, Mr. X was found to be misappropriating court records. The Constitution does not expressly state that the Chief Justice can dismiss officers. Can the Chief Justice dismiss Mr. X?

A: Yes. By virtue of Section 16 of the General Clauses Act, 1897, the power to appoint includes the implied power to suspend or dismiss. Since the Chief Justice has been given the express power to appoint officers and servants of the High Court, the implied power to dismiss them flows from the same provision.

### Example 2

Q: Mr. A, the sole member of a One Person Company, dies. There is no express clause in the company's MOA about what happens next. Will the company cease to exist?

A: No. By Section 18 of the General Clauses Act, the law of successors must be specified for corporations with perpetual succession. The Companies Act, 2013 itself provides for a nominee to take over upon the death of the sole member, preserving the OPC's perpetual succession.

### Example 3

Q: A law confers certain disciplinary powers on the 'Commissioner'. The Commissioner is on leave and the Deputy Commissioner is acting in his place. Can the Deputy Commissioner exercise these powers?

A: Yes, under Section 19, any law applicable to the chief or superior shall apply to deputies and subordinates performing the duties of that office in place of the superior.

⚠️ Common exam mistakes

Confusing Section 16 to mean that ANY authority can dismiss — only the authority with appointing power gets the implied dismissal power.
Assuming the implied power under Section 16 extends to authorities who did not exercise the appointment power. The section says 'whether by itself or any other authority in exercise of that power'.
Forgetting that Section 17 refers to the OFFICE/TITLE, not the individual person currently holding the office.
Believing perpetual succession needs no statutory backing — Section 18 specifically requires the law of successors to be spelled out.

Bare-Act text Sections 16, 17, 18, 19 · The General Clauses Act, 1897 · click to expand

Section 16: Power to appoint to include power to suspend or dismiss — Where, by any Central Act or Regulation, a power to make any appointment is conferred, then, unless a different intention appears, the authority having for the time being power to make the appointment shall also have power to suspend or dismiss any person appointed whether by itself or any other authority in exercise of that power.

Now that you've read this — what's next?

Move from understanding → mastery in 3 clicks. Each option below picks up from this lesson's topic.

🔥 Drill 5 Qs on this → ✍️ Adaptive practice →

Powers and Functionaries (Sections 16-19)

Worked example

⚠️ Common exam mistakes