Rule 12 - Delegation of Power
Original Rule Text
Rule 12: Powers of Subordinate Authorities– (1) Subject to the provisions of these rules, the Departments of the Government of India, shall, in case of the Appropriation and Re-appropriation, have full powers for incurring revenue and capital expenditure.
(2) A Department of the Central Government may, by general or special order, confer powers, not exceeding those vested in that Department, upon an Administrator or Head of Department or any other authority subordinate to the Department in respect of any matter covered by these rules, in consultation with the Internal Financial Adviser:
Provided that no power under this sub-rule shall be re-delegated by the Department in respect of –
(a) Rule 10-Re-appropriation of funds;
(b) Rule 15-Waiver of recovery of overpayment made to Government servants; and
(c) Rule 16-Appraisal and Approval of Schemes or Projects.
(3) The Administrator or Head of the Department referred to in sub-rule (2) may, by an order in writing, authorise a Gazetted Officer serving under him to exercise to such extent, as may be specified in that order, all or any of the powers conferred on such Administrator or Head of the Department under sub-rule (2). The Administrator or Head of the Department shall, however, continue to be responsible for the correctness, regularity and propriety of the decisions taken by the Gazetted Officer so authorised.
(4) Departments of the Government of India, Administrators and Heads of the Departments shall have the power to declare any Gazetted Officer subordinate to them as the Head of the Office for the purpose of these rules:
Provided that the Head of Office shall exercise such powers as delegated by the Department, Administrator or Head of Department and as provided in the rules for the time being in force:
Provided further that not more than one Gazetted Officer shall be declared as Head of Office in respect of the same office or establishment, unless such office or establishment is distinctly separate from one another.
(5) Any authority empowered by or under these rules to incur revenue or capital expenditure shall exercise such powers subject to the provisions con-
tained in the General Financial Rules, subsidiary instructions and orders on the subject issued by Finance Ministry including restrictions and scales, issued from time to time by the concerned Department and General Conditions as given in the Annexure-II.
(6) The power delegated under these rules can also be exercised for a validation of an action already taken or expenditure or liability already incurred even when the authority validating the action or expenditure or liability, as the case may be, had no competence to do so at the time the action was taken or expenditure or liability was incurred.
What This Means
Rule 12(3) of the Delegation of Financial Powers Rules, 1978, essentially allows senior officers (Administrators or Heads of Departments) to delegate some of their financial powers to other officers working under them. Think of it like a manager assigning tasks to their team members. This delegation must be done through a written order, clearly specifying the extent of the powers being transferred. This means the senior officer can't just verbally tell someone they can approve expenses; it needs to be documented. This rule aims to improve efficiency and speed up decision-making within government departments. However, it's crucial to remember that even when powers are delegated, the senior officer remains ultimately responsible.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Administrators/Heads of Departments can delegate financial powers to Gazetted Officers.
- 2Delegation must be done through a written order specifying the extent of the powers.
- 3The delegating Administrator/Head of Department remains responsible for the decisions made by the authorized Gazetted Officer.
- 4This rule promotes efficient decision-making within government departments.
- 5The delegation applies to powers conferred under sub-rule (2) of Rule 12.
Practical Example
Mr. Sharma, the Head of the Department of Rural Development in a district, has the power to sanction projects up to ₹5 lakhs. Due to an increased workload, he decides to delegate the power to sanction projects up to ₹2 lakhs to Ms. Verma, a Gazetted Officer in his department. He issues a written order stating that Ms. Verma is authorized to sanction projects related to water conservation up to ₹2 lakhs. Ms. Verma approves a project for building a small check dam costing ₹1.8 lakhs. Even though Ms. Verma approved the project, Mr. Sharma is still responsible for ensuring that the project was properly vetted, follows all relevant guidelines, and that the funds are used appropriately.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What happens if the Gazetted Officer makes a mistake while exercising the delegated power?▼
Does this rule allow for unlimited delegation of powers?▼
Can a non-Gazetted officer be delegated financial powers under this rule?▼
What kind of 'order in writing' is required for delegation?▼
If the Administrator is transferred, does the delegation automatically lapse?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Test Your Knowledge
Question 1 of 3
According to Rule 12(3) of the Delegation of Financial Powers Rules, 1978, an Administrator can delegate financial powers to which of the following officers?