GENERAL CLAUSES ACT 1897 LESSON 1

GENERAL CLAUSES ACT 1897

DEFINITIONS COMPLETE

 

15. Power to appoint to include power to appoint ex officio. Where, by any 2[Central Act] or Regulation, a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment, if it is made after the commencement of this Act, may be made either by name or by virtue of office.

            EXAMPLE

  1. BY NAME

 

ABDUR REHMAN  HAS BEEN APPOINTED AS DIRECTOR PUNJAB FOOD AUTHORITY.

                                  PERSONA DESIGNATE

EFFECTS:

 

  1. BY OFFICE

D.C.O. LAHORE HAS BEEN APPOINTED AS DIRECTOR PUNJAB FOOD AUTHORITY.

 

EFFECTS:

16. Power to appoint to include power to suspend or dismiss. Where, by any 2[Central Act] or Regulation, a power to make any appointment is conferred, then, unless a different intention appears, the authority having 6[for the time being] power to make the appointment shall also have power to suspend or dismiss any person appointed 7[whether by itself or any other authority] in exercise of that power.

 

  1. Rule Of Natural Law

Power to create comes along with power to terminate

  1. Terminate

Termination of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part, or it may be at the hands of the employer, often in the form of dismissal.

De sizing

  1. Dismissal
  2.  

Dismissal of a person from service shall ordinarily disqualify him for future employment.

  1. Removal

Most employers have the right to remove an employee for just cause, such as stealing from the company, selling trade secrets, and incompetence in performing the job. Just cause varies and is subject to definition by the individual employer.

The removal of an employee from service will not disqualify his for future employment.

  1. Suspension

Suspension is like a punishment.

Temporary, for a time being. Due to some misconduct or in disciplinary action.

  1. Applies only on public servants

Advocates, notary publics or any other license holder

  1. Audi Alteram Partem

Primary school female teacher