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Showing contexts for: function of functionary in Jeses And Mary Educational Society vs All India Council For Technical ... on 16 October, 1997Matching Fragments
(v) perform such other functions as may be prescribed.
Among them the functions at (e), (f), (g), (i) to (o), (r), (t) and (u) cannot be assigned to any other organ of the Council whereas the other functions at (a) to (d), (h), (p), (q) and (s) can be delegated, where decision making process is not to be found in the very nature of the functions, however, which can be guided, regulated or ultimately checked by other functionary powers of the Council under Section 10(v) - 'perform such other functions as may be prescribed'. In this case particularly, we are dealing with the functions of granting approval which includes the rejection also by virtue of Reg.8(9), we are concerned about the implication of Section 12 of the Act for the purpose of assignment of such a task to the Executive Committee. Mr. Ramesh Ranganadham is right in postulating that the Council being the quasi judicial authority to take a decision in granting or rejecting the approval, cannot delegate such a power or function. As already pointed out, the Council is a quasi-judicial authority as settled in the pronouncements supra. Although the word 'power' is not used in Section 10 or 12 of the Act, the expression 'function' is used therein. It correlates to both power and the function including the expression 'duty'. Further, 'power' means - the right, ability, authority or faculty of doing something. Authority to do any act which the grantor might himself lawfully perform. A power is an ability on the part of a person to produce a change in a given legal relation by doing or not doing a given act. In a restricted sense a 'power' is a liberty or authority reserved by, or limited to, a person to dispose of real or personal property for his own benefit or benefit of others or enabling one person to dispose of interest which is vested in another and there may be appurtenant powers also including collateral, powers, constitutional powers, commerce powers, enforcement powers, implied powers, inherent powers including preemptive powers - (page 1169 of Black's Law Dictionary -6th Edition). The expression 'function' is derived from Latin 'functus' the past participle of the verb 'fungor' which means to perform, execute, administer. The nature and proper action of anything, activity appropriate to any business or profession; duty, fulfillment of a definite end or set of ends by the correct adjustment of means etc.; the occupation of an office. By the performance of its duties, the officer is said to fill his function. The proper activities or duties of municipality, (page 673 of Black's Law Dictionary, 6th Edition). Therefore, the function which is synonymous to duty is exercise of power. Any such power legally invested to function is essential to the lawful exercise of power. 'Whether a power, expressed in merely permissive language, is accompanied by a duty to exercise it in certain circumstances requires consideration of the whole statutory context in which the po'wer is given' (page 259 of H.W.R. Wade's Administrative Law - 6th Edition). That is why, some times, the expression of the word 'may' becomes must to mean mandatory duty to exercise the power, when it becomes a duty and not the power. These expressions are made only to emphasize that the power or function or duty to grant or reject approval by the Council cannot be delegated or assigned to any authority in the absence of any specific authorisation in the Act or the Regulation. Now going back to Section 13(4) of the Act, it reads as follows :