Report No. 60
11.4. Section 15-Recommendation to extend to statutory instruments.-
Section 15 provides that where, by any Central Act, or Regulation, a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment (if it is made after the commencement of this Act) may be made either by name, or by virtue of office. Some of the more recent decisions1 on the section have brought cut a few aspects of the application of the section. We propose to extend this section also to statutory instruments. The section should be revised as under
1. (a) Abdul Hussain v. State of Gujarat, AIR 1968 SC 432.
(b) P.P. v. Shri Rambhadray, AIR 1960 AP 282.
(c) P.P. v. Shaik Sheriff, AIR 1965 AP 372.
(d) Jayantilal v. Union of India, AIR 1970 Guj 108 (117).
(e) State v. Sahu, AIR 1970 Tripura 1.
Revised section 15
15. Where, by any Central Act or Regulation, or by any statutory instrument made thereunder, a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office.
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