Law: Colonization of Government Lands (Punjab) Act (V of 1912)

Section: 29

P L D 1957 W. P. (Rev.) 14         (a) Colonization of Government Lands (Punjab) Act (V of 1912)----   ----S. 29-Officer to permit transfers of tenancies -Commissioner not bound to authorise officer by name Authority may be given to officer by designation.   (b) Interpretation of statutes-----   -----Executive instructions Cannot do away with power given under Act.     ORDER   H. A. MAJID.-------The petitioner's contention is that the officer. who can be authorised by the Commissioner under section 19 of the Colonization of Government Lands (Punjab) Act. 1912, to permit transfers of tenancies, must be an officer appointed by name. This contention is not warranted by the phraseology adopted in the Act. There is, however, a mention in the Colony Manual to the effect that Colonization Officers selected for the purpose should be selected by name. But this instruction is of an executive character and cannot do away with a power which is legally given under the Act.   The Deputy Commissioner, Multan, who granted the permission in this case, has been authorised by the Commis sioner by designation. The authorisation is not available in…