86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
CHANDIGARH (DELEGATION OF POWERS) ACT, 1987
2 of 1988
An Act to provide for the delegation of powers vested in the Administrator of the Union territory of Chandigarh Be it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows :-
Prefatory Note-Statement of Objects and Reasons.-The statutory powers of the Central Government and the State Government under certain laws in their application to the Union territory of Chandigarh are with the Administrator of the Union territory of Chandigarh. Accordingly, the Administrator is required to exercise those statutory powers. Besides this, he is also required to discharge the functions of a quasi-judicial authority under certain other statutes. 2. At present, the Governor of Punjab is concurrently designated as the Administrator of the Union territory of Chandigarh. In his capacity as Administrator, he is required to exercise the said statutory powers and discharge the said quasi-judicial functions. As a result, several appeals and review cases are pending for disposal by the Administrator and it is not practicable for him to dispose of them expeditiously. It is, therefore, proposed to vest such powers of the Adminisirator in any officer or other authority as may be specified in this behalf by the Central Government or the Administrator by notification in the Official Gazette. 3. It is reported that due to expediency of the work the powers and functions of the State Government and Central Government which were normally to be exercised by the Administrator, have been exercised by some other officers and authorities. Accordingly, a need has arisen to validate such actions. 4. The Bill seeks to achieve the above objects.
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the Chandigarh (Delegation of Powers) Act, 1987.
(2) It extends to the whole of the Union territory of Chandigarh.
SECTION 02: DEFINITION
-In this Act, unless the context otherwise requires, "Administrator" means the administrator of the Union territory of Chandigarh appointed by the President under Article 239 of the Constitution-
SECTION 03: DELEGATION OF POWERS, ETC., VESTED IN ADMINISTRATOR
(1) Any power, authority or jurisdiction or any duty which the Administrator may exercise or discharge under any law in force in the Union territory of Chandigarh may be exercised or discharged also by such officer or other authority as may be specified in this behalf by the Central Government or the Administrator by notification in the Official Gazette.
(2) The Administrator may transfer any appeal or application for revision or any other matter pending before him for disposal to an officer or other authority competent under sub-section (1) to dispose of the same.
(3) The Administrator may withdraw for disposal by himself any appeal or application for revision or any other matter pending before an officer or other authority competent under sub-section (1) to dispose of the same.
SECTION 04: VALIDATION
Notwithstanding any judgment, decree or order of any court or tribunal or other authority to the contrary, where any power, authority or jurisdiction or any duty which the Administrator may exercise or discharge under any law in force in the Union territory of Chandigarh had been exercised or discharged by any officer or other authority before the commencement of this Act, such power, authority, jurisdiction or duty shall be deemed to have been validly and effectively exercised or discharged by such officer or other authority as if the provisions of sub-section (1) of Section 3-were in force at all material times when such power, authority or jurisdiction was exercised or such duty was discharged and that officer or other authority had been specified as an officer or other authority by the Central Government or the Administrator in that behalf under the said sub-section, and accordingly) no suit or other proceeding shall be instituted, maintained or continued in any court or tribunal or before other authority on the ground that such officer or other authority was not competent to exercise such power, authority or jurisdiction or to discharge such duty.
86540
103860
630
114
59824