could not in turn be sub-delegated to
the Chairman alone in the absence of a provision such as
sub-sec. (4A) added ... even if he is
looked upon as a delegate of the Board and, therefore, sub-
delegate vis-avis the Central Government, he would
sub-delegation of powers.
The provision contained in ss. 24(2) (e) enables the State
Government to frame a rule for delegation of powers ... does not envisage any
sub-delegation. That apart, a rule framed under s. 24(2) (e)
can only provide for delegation of minor administrative
functions
respect of sub-delegation :
Bearing in mind that the maxim delegates non potest delegare sets out what is merely a rule of construction, sub-delegation ... case, the sub-delegation was upheld because Section 4 itself enumerated the classes of persons to whom the power could be delegated or sub-delegated
sub-delegation:
"Bearing in mind that the maxim delegatus non
protest delegate sets out what is merely a
rule of construction, sub-delegation ... case, the sub-delegation was upheld because
Section 4 itself enumerated the classes of persons to whom
the power could be delegated or sub-delegated
Unless the power to sub-delegate is conferred expressly or
impliedly under a statute, the power cannot be sub-delegated
(Reliance is placed ... case, the sub-delegation was
upheld because Section 4 itself enumerated the
classes of persons to whom the power could be
delegated or sub-delegated
even if it were permissible to authorise sub-delegation, the persons to whom the power may be sub-delegated, are so numerous and include persons ... Supplies Act is challenged on the ground that it empowers sub-delegation and that sub-delegation is not permitted. Emphasis is laid upon the phrase
advocate as senior advocate suffers from the vice of unauthorised sub-delegation of essential statutory power of administrative nature confided in the Court under Section
real problem or the
controversy arises when there is a sub-delegation. It is said
that when Parliament has specifically appointed authority to
discharge ... delegated
could not further delegate the same to another.
8. In Halsbury's Laws of England, 4th Edition, Volume I in
respect of sub
Corporation to further delegate Its authority. While the delegated legislations i.e., the regulations may be "law", sub-delegated legislation ... which sub-delegation may be effected. The Minister, or other authority, may constitute himself his own delegations...The second method of sub-delegation is that
assumption that this principle applies only to sub-delegation of delegated legislative power and to sub-delegation of other powers delegated by the superior administrative ... more strictly applied to the further over delegation of sub-delegated powers than to the sub-delegation of primary delegated powers (vide : de Smith
