09 October, 2020

Question:-What do you mean by Administrative Bodies? Describe some of the important Administrative Bodies and Commissions performing administrative function.

Answer:- Administrative Bodies-  By Administrative Bodies we mean those agencies of the executive which exercise administrative powers. They are primarily concerned with administration. They signify administrative agencies and the statutory bodies like Railway Board, the Mining Board, the Transport Authority, the Central Board of Revenue, State Board of Revenue, the Income-tax Authorities, the Estate Duty Controllers, the customs Authorities, the Wage Boards, the Commission of Enquiries, the Central Road Traffic Board etc. The Fourteenth Report of the Law Commission took a more comprehensive meaning and emphasized to include administrative tribunals under this head. Now it is proposed to discuss the organization and functioning of some of the important Boards and Commissions. Under the head of Boards we may take up the following ones:

A.   (1) Wage Board

(2) Board of Direct Taxes.

(3) Advisory Board under the Preventive Detention Act,

      1950

(4) Transport Authority.

          B. The Commissions may be appointed under :

                   (1) The Commissions of Inquiry Act, 1952.

                   (2) The Industries (Development & Regulation) Act,   

                        1951.

                   (3) The Tariff Commission Act, 1951.

                   (4) The Income-tax Investigation Commission Act,

                        1947, etc.

A.   (1) Wage Board. – The Wage Board under the Minimum Wages Act, 1948 or the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955, is an administrative body. But it performs different types of functions. It is constituted by the Central Government by a notification in the Official Gazette and consists of nominated members and independent members. The nominated members are equally divided to represent the interests of the employers and the employees. The independent member acts as the Chairman. His function is to fix wages. In determining the wages the Board is required “to have regard to the cost of living, the prevalent rates of wages for comparable employments, the circumstances of industry and other circumstances relevant to the matter.” In Express Newspaper (Private) Ltd. v. Union of India, (A.I.R. 1958 S.C. 578), the Supreme Court termed it as an administrative agency. The Court did not express final opinion about the nature of the functions performed by it. Justice Bhagwati added that the fact that it is an administrative agency set up for the fixation of wages does not necessarily invest it with the function of an administrative character and in spite of its being an administrative body it can exercise quasi-judicial functions.

(2) Board of Direct Taxes. – It is a statutory body. Under many Acts such as Income-tax Act, 1961, the Estate Duty Act, 1958, the Wealth Tax Act, 1957, etc., the Board is given the administrative functions.

It has very extensive powers of administration, supervision and control over the administration of the Central Tax Statutes. Under Income-tax Act, it has power to give direction and instructions to other authorities subordinate to it. It has far reaching power to frame rules and issue directions for purposes of the Act. It has certain judicial functions as well. It hears appeals preferred by the employers, who object to the orders of the Commissioner refusing to give recognition or affecting withdrawal of recognition to the provident funds. Under Estate Duty Act, 1953, the Board has some such appellate jurisdiction to hear appeals against the orders of the controller of Estate Duty. There it is also empowered to act as Civil Court, summon witnesses, enforce attendance, require production of documents and can receive evidence. Although there are powers of judicial nature and which have been subjected to criticism also, yet it does turn the Board into a judicial body as it has been clearly held by Justice Bose in Bidi Supply Co. v. Union of India, AIR 1956 SC 479, Justice Bhagwati also in Pannalal Binjraj v. Union of India, (1957) SCR 233 (262) held that the Board is an administrative authority, since their function is to distribute and control the work done by its subordinate authorities.

(3) Advisory Board under the Preventive Detention Act, 1950. – (a) It is constituted by the Central Government or State Government, as the case may be. It consists of three persons. The Board considers the references of the cases of preventive detention. It examines the grounds of detention and representations made by detenue. Its duty is to advise the Government whether in its opinion there is sufficient cause for the continued detention of a detenue. After the amendment in 1956 its order became binding on the Executive. But it remained an administrative body.

(B) Commissions of Inquiry set up by the Government under the statutory provision of different Acts, are meant to conduct complete investigation into the circumstances of the case of public importance.

(B) (1). Commission of Inquiry. – It is constituted under Commission of Inquiry Act, 1952, by the Government either on its own accord or on the demand of the public at large. It may consist of one or more members.

An inquiry commission is granted large powers. It has powers of a Civil Court for purposes of summoning witnesses and enforcing their attendance : discovery and production of public records, receiving evidence on oath and issuing commissions, etc. The commission nevertheless is not a judicial tribunal. In Ram Krishna Dalmia v. Justice Tendolkar, AIR 1958 SC 538 Supreme Court, while commenting upon the nature of function of Bose Commission, held that such a Commission was neither a judicial body nor a purely administrative body because it must observe the norms of judicial procedure and work, without violating the principle of nature justice. It is not at all an administrative tribunal in true sense of the world. There are no parties with adverse interest s though there are different interests represented before it. It makes no order, decision or award. It makes recommendations for the guidance of the Executive in formulation of its legislative policy in some particular matter.

(2) Industrial Inquiries. – Under the Industries (Development and Regulation) Act, 1951, the Central Government may institute an inquiry if they are of opinion that in respect of any industrial undertaking there is or is likely to be a substantial fall in the volume of production or there is a danger of unjustified fall, deterioration in the quality of the production or price rise or mismanagement by which the resources of national importance are to be adversely affected.

(3) Tariff Commission. – It is established under Tariff Commission Act, 1951. The members are appointed by the Central Government, the maximum number should not exceed five. The members are required to be men of ability and standing who have shown capacity in dealing with the problems related to commerce or industry or administration. The commission conducts inquiries in matters referred to it by Central Government relating to the grant of or withdrawal from tariff protection of or for any industry, increase or decrease of customs or other duties in respect of an industry, or its protection. It has the duty to conduct a periodical survey in which protection has worked. Its reports are submitted to the Government which may ‘take action as it deems fit’.

(4) Income-tax Investigation Commission. -  It functioned for a short period under the Income-tax Investigation Commission Act, 1947. It was appointed by the Central Government to investigate and report on all matters relating to taxation on income with particular reference to evasion thereof.

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