Home  /  Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989  /  Section 19

Section 19: Section 360 of the Code or the provisions of the Probation of Offenders Act not to apply to persons guilty of an offence under the Act

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1989
Section 18 All 23 Sections of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 20

Legal Commentary & Landmark Judgments: Section 19

Section 19 governs the statutory delegation of executive powers by the State Government, allowing administrative decentralization of enforcement and welfare functions to designated officers while expressly preserving legislative integrity by prohibiting the delegation of rule-making authority.

  • Executive Delegation via Official Gazette Notification: The State Government is empowered to direct, by notification in the Official Gazette, that any power exercisable by it under the Act (such as appointing special officers, sanctioning investigations, or establishing committees) shall also be exercisable by a specified officer or authority.
  • Conditions, Circumstances & Administrative Boundaries: The delegation may be made subject to explicit operational conditions, geographical limitations, and procedural boundaries outlined in the statutory notification, ensuring structured executive hierarchy.
  • Absolute Prohibition on Delegating Rule-Making Power: Section 19 contains an express statutory carve-out: 'except the power to make rules'. The State Government's subordinate legislative functions cannot be sub-delegated to executive officers under any circumstances, preserving the constitutional doctrine of non-delegation.
Key Landmark Precedents:
  • State of Bombay v. F.A. Shrimali AIR 1960 SC 1175: The Supreme Court recognized that statutory delegation of administrative powers by the State Government is essential for effective executive administration, provided it remains strictly within the statutory perimeter established by the parent Act.
  • Director General of Foreign Trade v. Kanak Exports (2016) 2 SCC 226: Reiterated the maxim delegatus non potest delegare, affirming that an authority vested with statutory power cannot sub-delegate essential legislative or policy-making functions unless explicitly authorized by the parent statute.
  • Barium Chemicals Ltd. v. Company Law Board AIR 1967 SC 295: Established that delegation of statutory powers must strictly satisfy all conditions precedent stated in the enabling section, and any exercise of power by a delegate outside the gazetted conditions is ultra vires and void.
Courtroom Practice & Strategic Litigation Guidance:

When an administrative order (e.g., sanction for prosecution, appointment of an inquiry officer, or reallocation of welfare funds) is issued by an officer subordinate to the State Government, demand production of the specific Section 19 Gazette notification. If the officer acted without an express gazetted delegation, or if the order purports to lay down general rules of procedure (violating the rule-making exclusion in Section 19), challenge the order as void ab initio for want of statutory competence.

Section 18 All 23 Sections of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 20