(1) For the purposes of constituting offices of Commissioners of divisions and conferring powers and imposing duties on Commissioners and for certain other purposes, the enactments specified in column 1 of the Sched ule to this Act shall be amended in the manner and to the extent specified in column 2 thereof.
(2) The Commissioner of a division, appointed under the law relating to Land Revenue as amended by the said Schedule, shall exercise the powers and discharge the duties conferred and imposed on the Commissioner by any law for the time being in force, including the enactments referred to in sub-section (x) as amended by the said Schedule.
(3) The State Government may by notification in the Official Gazette amend or delete any entry in the Schedule for the purpose of imposing any conditions of restrictions on the exercise of powers and discharge of duties conferred or imposed on the Commissioner or withdrawing them, as the case may be, and the Schedule shall be amended accordingly.
(4) The State Government may confer and impose on the Commissioner powers and duties under any other enactment for the time being in force and for that purpose may, by a notification in the Official Gazette, add to or specify in the Schedule the necessary adaptations and modifications in that enactment by way of amendment; and thereupon
(a) every such enactment shall accordingly be amended and have effect subject to the adaptations and modifications so made, and
(b) the Schedule to this Act shall be deemed to be amended by the inclusion therein of the said provisions for amending the enactment.
(5) The State Government may at any time in like manner cancel a notification under sub-section (4), and thereupon the relevant enactment shall stand unamended by the cancelled notification and the Schedule shall be altered accordingly.
NOTES
Duties of Commissioners of Division.-
(a) Supervision of and control over the working of Revenue Officers throughout the Division.
(b) Exercise of executive and administrative power to be delegated by Government or conferred on them by law.
(c) General inspection of officer of all departments within the Divisions.
The Slate Government could by notification amend the legislation taking a way the power from the Courts. Whenever power of this kind is conferred, undoubtedly it is liable to be exceeded by those entrusted with it or for that matter even to be abused. The mere capability of its abuse or misuse cannot alter the nature of the powers. In the instant case, their Lordships have already said that the power was only a power to give effect to the conditions attached to as a legislation and did not amount to giving any power to make any essential legislative determination. The delegation was. therefore, proper. Sadruddin v. J. H. Patwardhan, 1965 Mah. L. J, 290.
The Legislature has not, in enacting sub-section (H) of section 3. parted with its essential legislative function. The Legislature has clearly laid down its policy and has left it only to the State Government. Subsidiary or ancilliary matters to implement the policy of the State Legislature. Therefore, provisions of the Act are not ultra vires of State Legislature and there is no excessive delegation of legislative power. Ganesh v. Commissioner, Nagpur Division. 1965 Mah. L. J. 577.
Hyderabad Abolition of Inams and Cash Grants Act, 1954, Section 2A(2) - Notifications under the provisions of another Statute : Notifications under the provisions of another Statue.- In the case of Sombharti Guru Damu Bharti v. State of Maharashtra & Ors.. 2000 (3) All M. R. 453 : 2000 AIR 352 (Bom.) : 2001 (1) Mh. L. J. 914 : 2000 (Sup.) Bom. C. R. 371. Full Bench of the Bombay High Court (Aurangabad Bench) held that notifications issued under the Bombay Commissioners of Divisions Act, 1957 relation to section 2-A regarding to the appeal being heard by the Commissioner Aemendments should be made in the principal Act itself. Exercise of power by the Executive through the notifications, issued under the provisions of another Statute and through such notifications bringing about the changes in other enactments, to the extent of directly affecting quasi Judicial powers cannot be sustained. The change made by this notification in sub-section (2) of section 2-A. of the Hyderabad Abolition of Inams and Cash Grants Act, 1954, with regard to the appeal being heard by the Commissioner, is therefore, struck down.