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Rule 12 - Delegation of Power | KartavyaDesk

DFPR 1978delegation

Original Rule Text

(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.

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

  • •Administrators/Heads of Departments can delegate financial powers to Gazetted Officers.
  • •Delegation must be done through a written order specifying the extent of the powers.
  • •The delegating Administrator/Head of Department remains responsible for the decisions made by the authorized Gazetted Officer.
  • •This rule promotes efficient decision-making within government departments.
  • •The 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.

Frequently Asked Questions

What happens if the Gazetted Officer makes a mistake while exercising the delegated power?▼
The Administrator or Head of the Department who delegated the power remains responsible for the correctness, regularity, and propriety of the decisions taken by the Gazetted Officer. They would be held accountable for any errors or irregularities.
Does this rule allow for unlimited delegation of powers?▼
No. The delegation must be specified in a written order, and the Administrator/Head of Department retains ultimate responsibility. The extent of delegation is limited to the powers conferred on them under sub-rule (2) of Rule 12.
Can a non-Gazetted officer be delegated financial powers under this rule?▼
No, Rule 12(3) specifically states that the delegation can only be made to a Gazetted Officer serving under the Administrator or Head of the Department.
What kind of 'order in writing' is required for delegation?▼
The order should clearly state the name and designation of the Gazetted Officer being delegated the power, the specific financial powers being delegated (e.g., sanctioning authority for projects up to a certain amount), and any conditions or limitations on the exercise of that power. It should be properly documented and filed.
If the Administrator is transferred, does the delegation automatically lapse?▼
The delegation may lapse depending on the specific wording of the delegation order and the department's internal rules. It's generally advisable for the new Administrator to review and reissue delegation orders as needed to ensure clarity and accountability.

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?

Related Rules

Annexure IIDFPR 2024 - Annexure IIAppendix IDFPR 2024 - Appendix IRule 20DFPR 2024 - Rule 20 - (Expenditure from or incidence of charges on contingency fund of India)Rule 10DFPR 2024 - Rule 10 - (Re-appropriation)Rule 14DFPR 2024 - Rule 14 - (Insurance of Government property)

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