POWERS AND APPOINTMENTS
—(1) Where a written law confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.
(2) Where a written law confers a power or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him.
(3) Where any Act confers a power to make subsidiary legislation, to issue any order or to do any act, the power shall, unless the contrary intention appears, be construed as including the power exercisable in like manner and subject to the like consent and conditions, if any, to amend, vary, rescind, revoke or suspend the subsidiary legislation made or order issued or any part thereof or to abstain from doing the act.
—(1) Where a written law confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of the office or place.
(2) Where the power of the person or authority to make appointments is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, the power of dismissal shall, unless the contrary intention appears, only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority.
—(1) Where a written law confers powers on any person to do or enforce the doing of any act or thing, such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
(2) Without prejudice to the generality of subsection (1) —
a power to prohibit or to control or to regulate any matter includes power to provide for the same by the licensing thereof and power to prohibit acts whereby the prohibitions, control or regulations affecting the matter might be evaded;
a power to grant a licence, permit, authority, approval or exemption includes power to impose reasonable conditions subject to which the licence, permit, authority, approval or exemption may be granted.
—(1) Where by or under any Act, the President, a Minister or any public officer or body is empowered to appoint or name a person to have and exercise any powers or perform any duties, the President, Minister, public officer or body may either appoint a person by name or direct the person for the time being holding the office designated by the President, Minister, public officer or body to have and exercise those powers and perform those duties.
(2) Thereupon, or from the date specified by the President, Minister, public officer or body, the person appointed by name or the person holding the office as mentioned in subsection (1), shall have and may exercise those powers or perform those duties accordingly.
(3) Any such appointment may be made with retrospective effect to any date not being a date earlier than the commencement of the Act under which the appointment is made.
31. When reference is made in any written law, instrument, warrant or process of any kind made or issued by the President, a Minister, any public officer or body or person having authority under any written law to make or to issue the same to any public officer by the term designating his office, such public officer shall include the officer for the time being executing the duties of that office or any portion of those duties.
32. Any appointment may be declared to have effect as from the date upon which the appointee commenced to exercise the powers and discharge the duties of his appointment, not being a date earlier than the date of the commencement of the written law under which the appointment is made.
—(1) Where a written law confers a power or function or imposes a duty upon a statutory body consisting of not fewer than 3 persons, the power may be exercised, or the function or duty may be performed, by a majority of those persons.
(2) Where a statutory body consists of 3 or more persons —
a quorum is constituted at a meeting of the body by a number of members of the body equal to —
at least one-half of the number of members provided for in the written law establishing the body, if that number is a fixed number; and
if the number of persons is not so fixed but is within a range having a maximum or minimum, at least one-half of the number of members in office;
an act or thing done by a majority of the members of the body present at the meeting, if those members constitute a quorum, is to be regarded as having been done by the body.
(3) At a meeting of a statutory body, the chairman or other member presiding shall have a casting as well as a deliberative vote in all matters in which a decision is taken by vote.
(4) This section is subject to any provision to the contrary in any written law.
(5) In this section, “statutory body” means a board, commission, committee or similar body, whether corporate or unincorporate, established under a written law.
33. Where by or under any Act, any board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless the contrary intention appears, the powers of such board, commission, committee or similar body shall not be affected by —
any vacancy in the membership thereof;
the fact that it is afterwards discovered that there was some defect in the appointment or qualification of a person purporting to be a member thereof; or
the fact that there was any minor irregularity in the convening of any meeting thereof.
33A. Where any written law confers on a statutory body the power to invest any moneys in accordance with the standard investment power of statutory bodies, then, subject to any general or special directions as the Minister charged with responsibility for that statutory body may issue, that statutory body may —
invest those moneys in such manner as it thinks fit; and
engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment.
—(1) Where any power is conferred upon the President to make any subsidiary legislation or appointment, give any direction, issue any order, authorise any thing or matter to be done, grant any exemption, remit any fee or penalty or exercise any other power under any written law, it shall be sufficient if the exercise of such power by the President be signified under the hand of any Minister or the Secretary to the Cabinet.
(2) Subsection (1) shall not apply to the power of the President to make or issue any warrants or proclamations which shall be made or issued only under the hand of the President himself.
35. Where any written law confers upon a Minister power to make any subsidiary legislation or appointment, give any direction, issue any order, authorise any thing or matter to be done, grant any exemption, remit any fee or penalty or exercise any other power, it shall be sufficient, unless in such written law it is otherwise provided, if the exercise of such power by the Minister be signified under the hand of the Permanent Secretary to the Ministry for which the Minister is responsible or of any public officer duly authorised in writing by the Minister.
—(1) Where in any written law a Minister is empowered to exercise any power or perform any duty, he may, in the absence of any provision of law to the contrary, with the approval of the President and by notification in the Gazette, depute any person by name or the person for the time being discharging the duties of an office designated by him to exercise that power or perform that duty on behalf of the Minister subject to such conditions, exceptions and qualifications as the President may determine.
(2) Thereupon or from the date specified by the President, the person so deputed shall have and exercise that power and perform that duty.
(3) Nothing in subsection (1) shall authorise a Minister to depute any person to make subsidiary legislation under the power in that behalf conferred upon the Minister by any Act.
(4) The Minister may exercise any power or perform any duty conferred upon him by an Act notwithstanding the delegation by him of that power or duty.
37. Where in any written law any document is required to be under the hand of or countersigned by a Minister in exercise of any powers conferred thereby, it shall be sufficient for such document to be under the hand of or signed or countersigned by the Permanent Secretary to the Ministry for which the Minister is responsible or by any public officer duly authorised in writing by the Minister.