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explanations:competent-authority

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explanations:competent-authority [2018/06/01 02:32] – created Shrawanexplanations:competent-authority [2018/06/02 13:25] Shrawan
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   - The President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the constitution;   - The President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the constitution;
   - the administrator appointed under article 239 of the constitution;   - the administrator appointed under article 239 of the constitution;
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 ===== Interpretation of Competent Authority ===== ===== Interpretation of Competent Authority =====
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 This needs to be viewed through section 2(g) and section 28 which suggests that each competent authority is vested with rule making powers. Rules framed by a competent authority are applicable only to Public Authorities working under the control of the concerned competent authority. This rulemaking power of all competent authorities is not subjected to provisions of section 29. This apparently, is to respect the autonomy enjoyed by competent authorities other than those mentioned at 2(e)(iv). This needs to be viewed through section 2(g) and section 28 which suggests that each competent authority is vested with rule making powers. Rules framed by a competent authority are applicable only to Public Authorities working under the control of the concerned competent authority. This rulemaking power of all competent authorities is not subjected to provisions of section 29. This apparently, is to respect the autonomy enjoyed by competent authorities other than those mentioned at 2(e)(iv).
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-Rules can be made by the Speakers of the respective houses, the Chief Justices of the respective Courts, Governors of respective states and the President. The only specific task of the ‘competent authority’ discussed in Section 28 is the right to make rules mainly for fees and formats for appeals.  For  Union territories, the administrator appointed by the President can make the rules. These rules cannot denote anything which is not in consonance with the law. In case of any inconsistency, the law will prevail.+ 
 +Rules can be made by the Speakers of the respective houses, the Chief Justices of the respective Courts, Governors of respective states and the President. The only specific task of the ‘competent authority’ discussed in Section 28 is the right to make rules mainly for fees and formats for appeals.  
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 +For  Union territories, the administrator appointed by the President can make the rules. These rules cannot denote anything which is not in consonance with the law. In case of any inconsistency, the law will prevail.
  
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explanations/competent-authority.txt · Last modified: 2023/04/15 10:51 by Shrawan