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State of Kerala - Section

Section 28 in Kerala District Administration Act, 1979

28. Devolution and delegation of President's and Vice-President' s functions and filling up of vacancies in their offices.

- When the office of the President is vacant, the Vice-President shall exercise the functions of the President until a new President assumes office.
(2)If the President is continuously absent from jurisdiction for more than fifteen days or is incapacitated, his functions, during such absence or incapacity shall, except in such circumstances as may be prescribed, devolve on the Vice-President.
(3)When the office of the President is vacant and there is either a vacancy in the office of the Vice-President or the Vice-President is continuously absent from jurisdiction for more than fifteen days or is incapacitated, the functions of the President shall, except in such circumstances as may be prescribed devolve on the Chairmen of the Standing Committees in the following order of preference, namely:-
(a)Finance Standing Committee;
(b)Development Standing Committee;
(c)Welfare Standing Committee;
(d)Public Works Standing Committee;
(e)Education Standing Committee.
(4)if the office of the Vice-President is vacant or the Vice-President is continuously absent from jurisdiction for more than fifteen days or is incapacitated, his functions and powers shall, except in such circumstances as may be prescribed, devolve on the Chairmen of the Standing Committees in the order of preference specified in sub-section (3).
(5)The person on whom functions of the President or the Vice-President devolve under sub-sections (1), (2), (3) or (4) shall perform such functions subject to such restrictions and conditions as may be prescribed until a new President or Vice-president, as the case may be, is elected and assumes office or returns to jurisdiction or recovers from incapacity, as the case may be.
(6)Subject to such rules as may be made by the Government in this behalf, the President may, by an order in writing; delegate any of his functions to the Vice-President or, in case there is a vacancy in the office of the Vice-President or the Vice-President is absent from jurisdiction or is incapacitated, to the Chairman of any Standing Committee subject to such restrictions and conditions as may be specified by him and for such- period as he may decide.
(7)The President may at any time cancel any order issued by him under sub-section (6) and there upon the Vice-President of the Chairman of the Standing Committee,is the case may be, shall cease to perform the functions of the President.