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

Under a Central Act, a notification was issued by the Central Government appointing Mr. Iyer as an officer. Later, the Government wishes to cancel that appointment and appoint Ms. Banerjee instead. The Act does not say anything about this. Under the General Clauses Act, 1897, what is the position?

The Government may rescind the notification and appoint Ms. Banerjee. The General Clauses Act says a power to issue a notification, order, rule or bye-law carries with it the power to add to, amend, vary or rescind it, in the same manner and subject to the same conditions.

  1. AThe Government may do so, since the power to issue a notification includes the power to add to, amend, vary or rescind it in the same manner and subject to the same conditionsCorrect
  2. BThe Government cannot rescind the notification without amending the parent Act
  3. CThe Government can rescind it only with prior approval of Parliament
  4. DThe Government can only add to the notification but cannot rescind it

Explanation

The General Clauses Act provides that where a power to issue notifications, orders, rules or bye-laws is conferred, it includes the power to add to, amend, vary or rescind them, exercisable in the same manner and subject to the same conditions. So no amendment of the Act or parliamentary approval is needed. The option limiting it to additions is wrong because rescission is expressly covered.

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