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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