Officer - Definition - Law Dictionary Home Dictionary Definition officer

Definition :

Officer. See ARMY; NAVY. A contract between the Crown and any of its military or naval officers for services rendered or to be rendered is not enforceable in a Court of law, see Jynaston v. A.G., 49 TLR 300.

It means a person commissioned, gazetted or in pay as an officer in the Air Force, and includes--

(a) an officer of any Air Force Reserve or the Auxiliary Air Force who is for the time being subject to this Act.

(b) in relation to a person subject to this Act when serving under such conditions as may be prescribed, an officer of the regular Army or the Navy. [Air Force Act, 1950, s. 4(xxiii)]

It means a president, vice-president, chairperson, vice chair-person, managing director, secretary, manager, member of a board, treasurer, liquidator, an administrator appointed under s. 123 and includes any other person empowered under this Act or the rules or the bye-laws to give directions in regard to the business of a multi-State co-operative society. [Multi-State Co-operative Societies Act, 2002 (39 of 2002), s. 3(t)]

The expression 'officer' in the dictionary sense means one who holds an office. In relation to companies or societies, it is a person who holds and takes part in the management or direction of a society or institution, Sarbeswar Bardoloi v. U.K. Gohain, AIR 1955 Assam 148 (149). [Industrial Disputes Act, 1947, s. 36(2)]

The individual who is invested with the authority and is required to perform the duties incidental to an office in an officer, B. Veeraswamy v. State of Andhra Pradesh, AIR 1959 AP 413 (416). (Motor Vehicles Act, 1939, s. 44A)

A person to be an officer must hold some office though it does not matter whether the office is humble or exalted and the remuneration must be made by the government, Manshanker Prabhashanker Dwivedi v. State of Gujarat, AIR 1970 Guj 97 (102). (Indian Penal Code, s. 161)

An 'officer' whether he occupies a specific office or not must be in the relation of an employee or servant of a company, firm or individual who is his employer or master, Nandlal More v. Ramchandiram Mirchandani, AIR 1968 Bom 208 (215).

An 'officer' meaning 'president, vice-president, etc. etc., including any other persons empowered under the Rules or bye-laws' to give directions in regard to the business of a co-operative society, Lakha Singh v. Registrar, Co-operative Societies, AIR 1973 P&H 13 (16).

The true test in order to determine whether a person is an officer of the government is: (1) whether he is in the service or pay of the Government, and (2) whether he is entrusted with the performance of any public duty. The public duty may be either a function of the government delegated to him or may be a duties immediately auxiliary to those of some one who is an officer of the government, G.A. Monterio v. State of Ajmer, AIR 1957 SC 13 (16): (1956) SCR 682. [Indian Penal Code (45 of 1860), s. 21(9) (as in 1963)]

The Railway Works Manager is an officer of the government, armed with some authority or representative character qua the government, Bajrang Lal v. State of Rajasthan, AIR 1976 SC 1008 (1011): (1976) 2 SCC 217: (1976) 3 SCR 497.

The ordinary dictionary meaning of the term 'officer' is a person appointed or elected to a position of responsibility or authority in a government, society etc. The terms 'officer' and 'employee' put together obviously signify the grade of the establishment or post held, the officer being higher in grade to employee, Mohinder Singh v. State of Haryana, AIR 1989 SC 1367 (1369): (1989) 3 SCC 93: (1989) 2 SCR 437. (Constitution of India, Art. 311