Act Info:
Where, by any Bombay Act 1[or Maharashtra Act], a power to issue notifications, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws, so issued.
NOTES
Provisions of the section apply to administrative order but not to authority exercising judicial functions.-Trustees of Seth Mulrqj Khatau Trust v. Ramjio Govind, 1965 Mah. L. J. 90.
Extension of the period of order.-That the power to make an order under section 37(3) of the Bombay Police Act must include a power to add to, amend, vary or rescind such an order.-Bapurao Dhondiba Jagtap v. State, AIR 1956 Bom. 300 : 58 Bom. L. R. 418.
Section 5 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 read with sections 14 and 21 of the Bombay General Clauses Act vest enough power in the Director to close an existing market and establish it elsewhere.- Rameshchandra Kachardas Porwal v. State, AIR 1981 SC 1127.
In the case of Dunstan Savio Mcness @ Tony (Mr.) & Ors. v. R. H. Mendonca, Commissioner of Police & Ors., 2001 (5) Bom. C.R. 211 : 2001 (1) Bom. L.R. 184 : 2001 (1) All M.R. (Cri.) 436; the High Court considering the provisions of Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 that in a case where an officer other than State Government issues an order of detention under section 3(2) of the Act, his powers as Detaining Authority to deal with the representations under the provisions of section 21 of the Bombay General Clauses Act, 1904 cannot be said to be taken away merely because section 8(1) of the Act specifically provides for making a representations to the State Government.
Modification of result by Returning Officer.-In the case of Sarla w/o Sopan Bopale (Smt.) v. State of Mah. & Ors., 2001 (2) Bom. C.R. 730 : 2001 (1) All M.R. 462 : 2001 (1) Mah. L.J. 453 : AIR 2001 Bom. 159 raised a point that whether a Returning Officer is vested any right to add, amend, vary or rescind the result of the election after the same is declared by him under rule 34 of the Bombay Village Panchayats Election Rules, 1959. It was held by the Nagpur Bench of the Bombay High Court that under rules Returning Officer has limited powers to allow recount of the votes for good reasons and likewise Collector also can correct mistakes in name of the candidates and barring that they have no power to modify or vary the results already declared under rule 34(2) of the Rules. It was further held by the Bombay High Court that to involve provisions of section 21 of the Bombay General Clauses Act would be to act contrary to provisions of Rules and Act as authorities cannot go beyond Statute.
Power to issue order.- It is well settled law that the power to issue an order excludes the power to amend or add or vary such order by the Statutory Authority who is empowered to issue such orders. The power to amend or vary is exercisable in the right manner and subject to like conditions as governed by the making of the original order. In view of section 21 of Bombay General Clauses Act, the Collector is entitled to change the date of the meeting.- CaneshKisanrao Mahalle v. State of Mah. & Ors., 2004 (1) Bom. C.R. 458 : 2003 (3) Mah. L.J. 843 : 2003 (3) All M.R. 1052.
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1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.