Section 34 of The Apprentices Act, 1961
The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also--
- (a)where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification; and
- (b)where the appropriate Government is the State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.
Summary
- The government has the power to hand over its responsibilities and powers under this Act to lower-ranking officers or authorities.
- The Central Government can give its powers to its own subordinate officers, to a State Government, or to a State Government's subordinate officers.
- The State Government can only give its powers to its own subordinate officers or authorities.
- Any time a government passes down its power, it must officially publish a notification in the Official Gazette and can attach specific conditions to how the power is used.
Practical examples
FAQ
1. Does the government completely lose its own power when it gives it to a lower officer?
No, delegating a power just means the lower officer can also use it. The original government still holds the ultimate authority.
2. Can a State Government give its powers to the Central Government to save money?
No, the State Government is only legally allowed to delegate powers to officers or authorities that are subordinate to the State Government itself.
3. How does the public know when a power has been handed over to a new official?
The government is legally required to announce the delegation by publishing a notification in the Official Gazette.
Test yourself
Q1.Under Section 34 of The Apprentices Act, 1961, how must the appropriate Government announce that it is delegating its powers?
Q2.Under Section 34 of The Apprentices Act, 1961, to whom is the State Government permitted to delegate its powers?
Q3.Under Section 34 of The Apprentices Act, 1961, which of the following represents a valid delegation of power by the Central Government?
Q4.Under Section 34 of The Apprentices Act, 1961, if a government delegates a power, can it attach special rules on how that power must be used?