Delegation of powers of Secretary
91 Delegation of powers of Secretary
In this section,power includes authority.
The Secretary may, by writing under his hand, delegate to – a specified officer of the Department; or a person who is temporarily employed in that Department – the performance of any of the functions or the exercise of any of the powers conferred or imposed on the Secretary by this Act, except this power of delegation.
A delegation under this section may be made subject to such conditions or limitations as to the performance or exercise of any of the functions or powers delegated, or as to time or circumstance, as are specified in the resolution.
No person is concerned to see or inquire whether any act, matter, or thing done or performed by a delegate of the Secretary under this section when purporting to act as such is, or is not, authorized by the delegation.
Notwithstanding any delegation under this section, the Secretary may continue to perform or exercise all or any of the functions or powers delegated.
Any act or thing done by, or to, a delegate while acting in the exercise of a delegation under this section shall have the same force and effect as if the act or thing had been done by, or to, the Secretary and shall be deemed to have been done by, or to, the Secretary.
Where the performance of a function or the exercise of a power by the Secretary is dependent on his opinion or belief, a delegate of the Secretary under this section may, in performing that function or exercising that power, act on his own opinion or belief.
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