The Displaced Persons (Compensation and Rehabilitation) Act,1954
Section 34. Delegation of powers
(1) The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act shall in such circumstances and under such conditions, if any, as may be specified to the direction, be exercisable also 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.
(2) Subject to the provisions of this Act and of the rules and orders made thereunder, the Chief Settlement Commissioner may, by general or special order delegate all or any of his powers under this Act to the Joint Chief Settlement Commissioner, a Deputy Chief Settlement Commissioner, a Settlement Commissioner and Additional Settlement Commissioner or an Assistant Settlement Commissioner, subject to such conditions, if any, as may be specified in the order.
(3) Subject to the provisions of this Act and of the rules and orders made thereunder, a Settlement Commissioner may, by general or special order delegate all or any of his powers under this Act to an Additional Settlement Commissioner, an Assistant Settlement Commissioner, a Settlement Officer or an Assistant Settlement Officer, subject to such condition, if any, as may be specified in the order.
Section ” 34 – SYNOPSIS
1.Delegation of Powers
2.Revisional Powers
3.Word ” Also
4.Revise Decision
COMMENTARY
1.Delegationof Powers–In the absence of a notification delegation powers under Section 10 it cannot be said that the Settlement Officers and the Settlement Commissioner are the delegates of the Central Government. AIR 1964 Pb. 33.
This Section confers power on the Central Government to delegate the authority on any officer. This, however, does not mean that an officer otherwise entitled to act would be debarred from so acting. AIR 1962 Pb. 164
Where power has been delegated under Section 3(1) then there is no question of a further delegation being there under Section 34(1). AIR 1976 Delhi 265.
In exercise of the delegated power under Section 34(1) and in pursuance of the guidelines indicated by the Central Government it was prescribed that the rent and damages would be at six times the land revenue for being in possession as an unauthorized possession. This notification ws held to be valid. AIR 1979 Punjab 99.
Section 34(2) empowers the Chief Settlement Commissioner to delegate all or any of the powers to the Joint Chief Settlement Commissioner, Deputy Settlement Commissioner and Additional Settlement Commissioner or Assistant Settlement Commissioner. 1981 All India Land Laws Reporter 52
2.Revisional Powers — An additional Settlement Commissioner or Regional Settlement Commissioner cannot in the exercise of powers of revision delegated to them by the Chief Settlement Commissioner review their own earlier decisions on grounds which do not fall within the scope of Section 25. AIR 1967 Bom. 312.
A revision was disposed of by the Deputy Secretary to Government. Plea that there was no gazette notification u/s 34 (1) authorizing him was raised for the first time in the grounds of appeal. This plea was not pressed. It was held that this cannot be allowed to be raised in a second appeal. AIR 1974 Delhi 265.
3.Word ” Also–The word ” also as used in Section 34(1) indicates that the delegation of power is in addition to additional machinery establi
shed by rules of business. AIR 1970 Delhi 171.
4.Revise Decisions–A Joint Secretary to Government of India who is also Chief Settlement Officer can revise decisions of Chief Settlement Officer. AIR 1974 Delhi 181.
The Displaced Persons (Compensation and Rehabilitation) Act,1954
