Section 39 Industrial Disputes Act 1947 - Delegation of Powers
Section 39 of the Industrial Disputes Act, 1947 empowered the appropriate Government, by notification, to authorise specified officers, authorities or Governments to exercise powers under the Act or its rules. The corresponding current provision is Section 100 of the Industrial Relations Code, 2020.
Section 39 Industrial Disputes Act 1947
Under the legacy Section 39, the appropriate Government could, by notification in the Official Gazette, direct that any power exercisable by it under the Industrial Disputes Act or the rules made under it would, for specified matters and subject to specified conditions, also be exercisable by another authorised governmental officer or authority.
Where the Central Government was the appropriate Government
The power could also be exercised by an officer or authority subordinate to the Central Government, by the State Government, or by an officer or authority subordinate to the State Government, as specified in the notification.
Where a State Government was the appropriate Government
The power could also be exercised by an officer or authority subordinate to that State Government, as specified in the notification.
Section 100 Industrial Relations Code 2020 - Delegation of Powers
Section 100 authorises the appropriate Government, by notification, to direct that a power exercisable by it under the Industrial Relations Code or rules made under the Code may also be exercised by another specified governmental authority. The delegation may relate only to the matters identified in the notification and may be made subject to conditions stated in it.
Section 100(a) - Central Government sphere
Where the Central Government is the appropriate Government, the notification may confer the specified power on an officer or authority subordinate to the Central Government, the State Government, or an officer or authority subordinate to the State Government.
Section 100(b) - State Government sphere
Where a State Government is the appropriate Government, the notification may confer the specified power on an officer or authority subordinate to that State Government.
Meaning of Appropriate Government
The expression appropriate Government is defined in Section 2 of the Industrial Relations Code. The definition determines whether the Central Government or the relevant State Government is responsible for a particular industrial establishment or dispute. That determination is important because the Government identified as the appropriate Government is the authority that may exercise the delegation power under Section 100.
How a Delegation Under Section 100 Operates
- The delegation is made through a formal notification.
- The notification identifies the officer, authority or Government authorised to exercise the delegated power.
- The delegation may be confined to specified statutory matters.
- The notification may impose conditions governing exercise of the delegated authority.
- The authorised officer or authority must act within the scope of the notification and the Code.
Section 39 and Section 100 - Current Position
| Industrial Disputes Act 1947 | Industrial Relations Code 2020 |
|---|---|
| Section 39 dealt with delegation of powers. | Section 100 deals with delegation of powers. |
| Delegation was by Official Gazette notification. | Delegation is by notification under the Code. |
| Could cover powers exercisable under the Act or rules. | Can cover powers exercisable under the Code or rules made under it. |
| Central Government could delegate to subordinate Central authorities, the State Government or subordinate State authorities. | The same basic Central Government delegation structure is retained. |
| State Government could delegate to subordinate State officers or authorities. | The same basic State Government delegation structure is retained. |
Delegation Notifications
Section 100 is enabling legislation. The precise authority empowered to perform a particular statutory function depends on the applicable delegation notification. Users should therefore verify the current notification for the particular power, establishment and jurisdiction rather than relying only on the general wording of Section 100.
Related Provisions
| Provision | Subject |
|---|---|
| Section 2 | Definitions, including the statutory framework for identifying the appropriate Government. |
| Section 99 | Power of the appropriate Government to make rules. |
| Section 100 | Delegation of powers by the appropriate Government. |
| Section 101 | Power of the Central Government to amend the First, Second or Third Schedule by notification, subject to the statutory parliamentary procedure. |
| Section 104 | Repeal and savings relating to the enactments consolidated into the Industrial Relations Code. |
Repeal and Saving
Section 104 of the Industrial Relations Code contains the repeal and saving provisions relevant to the Industrial Disputes Act, 1947 and other enactments consolidated into the Code. For an older delegation, pending matter or action taken under the previous law, the applicable saving provision and current notification should be examined.
This article provides general statutory information. For an administrative or legal proceeding, verify the latest applicable delegation notification and any conditions attached to it.