Section 23
Relation back of appointments
of Interpretation and General Clauses Act
Any appointment may be declared to have effect as from the date upon which the appointee in fact commenced to exercise the powers and discharge the duties of his appointment, not being a date earlier than the commencement of the written law under which the appointment is made.
Power of Minister to provide for execution of duties of public officer during temporary absence or inability 24.
(1)
Whenever, by or under any written law, powers are conferred or duties are imposed upon a public officer, then, if, during any period, owing to absence or inability to act from illness or any other cause, the public officer is unable to exercise the powers or perform the duties of his office in any place under his jurisdiction or control, the powers shall be had and may be exercised, and the duties shall be discharged, in that place by a person named by, or by a public officer holding the office designated by, the direction of the
Minister, subject to such conditions, exceptions and qualifications as the
Minister may direct.
Any such direction may be given in anticipation of any absence or inability occurring, in which case it shall be notified by the Minister in the
Gazette or, if given subsequent thereto, may relate back to the commencement of the inability or absence, and shall be notified as aforesaid upon the termination of any period of absence or inability.
(2)
Whenever, by or under any written law, powers are conferred or duties are imposed upon a public officer and a new post is subsequently created in the same department, the emoluments of which are no less than
Interpretation and General Clauses
B.L.R.O. 1/2022 37
those of such public officer, the Minister may by notification published in the
Gazette, direct that those powers and duties, or any of them, shall be exercised by any holder of the post so created, and either to the exclusion of the first named public officer or otherwise.