Report No. 60

11.2. Section 14-Application to statutory instruments recommended.-

Section 14 provides that where, by any Central Act or Regulation made after the commencement of this Act, any power is conferred, then, unless a different intention appears, that power may be exercised from time to time as occasion arises. The section does not mention statutory instruments, but it has been held1 to apply to them.2 We think that it will be useful to codify this interpretation, by including statutory instruments expressly in section 14, and we recommend its extension accordingly.

1. Shamnughani Transport v. Kunju Chettiar, AIR 1971 Mad 37 (39), para. 4 (Alagiriswami J.).

2. State of Uttar Pradesh v. Baburam, AIR 1961 SC 751 (761), relied on.