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

A Central Act states that a power may be exercised by 'the Registrar'. The Registrar, Mr. Iyer, is transferred, and Mr. Khan is appointed in his place before the power is exercised. Under the General Clauses Act, 1897, who may exercise the power, and in what capacity?

Mr. Khan may exercise the power. Under the General Clauses Act, a power conferred on an officer by official title can be exercised by the person currently holding the office, including a successor, because the power attaches to the office and not to the individual.

  1. AOnly Mr. Iyer, as he was the person originally named
  2. BMr. Khan, as the power vests in the holder of the office for the time being and includes the successor-in-officeCorrect
  3. CNo one, until the Act is amended to name Mr. Khan
  4. DMr. Khan, but only after fresh authorisation by Parliament

Explanation

The General Clauses Act provides that a reference to an officer by official title includes a reference to the person who for the time being performs the functions of the office, including successors. Hence the power belongs to the office, not to the individual. Mr. Khan, as the present holder, can exercise it without any amendment or fresh authorisation.

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