East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948

Act No. L of 1948

1948

An Act to consolidate and prevent fragmentation of agricultural holdings and to provide for the assignment or reservation of land for public purposes.

S.41 Delegation of powers

(1) The State Government may for the administration of this Act, appoint such persons as it thinks fit, and may by notification delegate any of its powers or functions under this Act to any of its officers either by name or designation.

(2) A Consolidation Officer or a Settlement Officer (Consolidation) may, with the sanction of the State Government, delegate any of its powers or functions under this Act to any person in the service of the State Government.

S.42 Power of State Government to call for proceedings of subordinate officers

The State Government may at any time for the purpose of satisfying itself as to the legality or propriety of any order passed by any officer under this Act call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference thereto as it thinks fit:

Provided that no order shall be varied or reversed without giving the parties interested notice to appear and opportunity to be heard except in cases where the State Government is satisfied that the proceedings have been vitiated by unlawful consideration.

S.Judgment Court Ruling on Retrospective Delegation (General S. Shivdev Singh vs. The State of Punjab)

The Full Bench of the High Court considered whether the State Government could, by notification dated 12th February, 1958, delegate its powers under section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, to the Additional Director, Consolidation, with retrospective effect from 17th June, 1957.

The Court held that:

• The notification dated 12th February, 1958, purporting to delegate powers with retrospective effect is ultra vires and illegal.
• There is no distinct provision in the Act conferring powers on the State Government to delegate functions with retrospective effect.
• The act of delegation by the State Government is executive or administrative in nature, and does not involve the exercise of subordinate legislative functions.
• Only a sovereign legislature can enact laws with retrospective effect; the executive cannot exercise this power without express authorization, which is absent here.