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CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897

A Central Act of 2018 contains the sentence: 'The Government may appoint an officer to inspect premises.' Later, an order appointing officer Rao is made by an authority that, under the Act, is the 'Central Government'. Under the General Clauses Act, 1897, which position regarding appointment and removal is correct?

The authority with power to appoint also has power to suspend or dismiss the appointee, unless a different intention appears in the Act. Under the General Clauses Act, this power is implied and does not need separate authority, the appointee's consent or a court order.

  1. APower to appoint includes, unless a different intention appears, the power to suspend or dismiss the person appointedCorrect
  2. BPower to appoint never includes power to remove, which needs separate authority
  3. CPower to appoint includes power to remove only if the appointee consents
  4. DPower to appoint includes power to remove only by an order of a court

Explanation

The General Clauses Act provides that where a power to appoint any person to an office is conferred, then, unless a different intention appears, the authority having power to appoint also has power to suspend or dismiss that person. It needs neither separate authority, nor consent, nor a court order.

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