Section 23 of The Environment (Protection) Act, 1986 issued by MoEF GOI
Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act [except the power to constitute an authority under sub-section (3) of section 3 and to make rules under section 25] as it may deem necessary or expedient, to any officer, State Government or other authority.
Summary
- The Central Government can delegate its powers and functions to other officers, State Governments, or authorities.
- This transfer of power must be announced officially through a notification in the Gazette.
- The government is strictly forbidden from delegating its power to make rules or its power to set up a Section 3 authority.
- Any delegated power can be subject to specific conditions and limits set by the Central Government.
Practical examples
FAQ
1. Can the Central Government let a State Government make rules under Section 25 of the 1986 Act?
No, Section 23 specifically says the power to make rules under Section 25 cannot be delegated.
2. How does the government officially delegate power under the 1986 Act?
Delegation must be done by a notification published in the Official Gazette.
3. Can the government put limits on the powers it delegates under Section 23 of the 1986 environmental law?
Yes, the delegation is subject to such conditions and limitations as specified in the official notification.
Test yourself
Q1.Under Section 23 of The Environment (Protection) Act, 1986 issued by MoEF GOI, which of these powers CANNOT be delegated?
Q2.To whom can the Central Government delegate its powers under Section 23 of the 1986 Act?
Q3.What other power is excluded from delegation according to Section 23 of the 1986 environmental law?
Q4.According to Section 23 of the 1986 Act, where must the notification of delegation be published?