Section 27 IT Act: Power to delegate

Information Technology Act, 2000

Section 27 IT Act at a Glance

Section 27 IT Act lets the Controller authorise a Deputy Controller, an Assistant Controller, or any officer to use any of the Controller's powers under Chapter VI. The authorisation must be given in writing.

Section 27 IT Act Bare Act Text

27. Power to delegate.

The Controller may, in writing, authorise the Deputy Controller, Assistant Controller or any officer to exercise any of the powers of the Controller under this Chapter.

Section 27 IT Act in Simple Words

Section 27 IT Act allows the Controller to delegate (pass on) any of the Controller's statutory powers under Chapter VI of the IT Act to subordinate officials. Chapter VI deals with the regulation of Certifying Authorities.

Under Section 27 IT Act, the Controller may authorise a Deputy Controller, an Assistant Controller, or any officer to exercise one or more of those Chapter VI powers. The word 'may' shows that delegation is optional and rests with the Controller.

Two conditions govern every delegation under Section 27 IT Act. First, the Controller must give the authorisation in writing. Second, the delegation applies only to powers of the Controller under Chapter VI, which includes provisions such as Section 26 IT Act on notice of suspension or revocation of a licence and Section 28 IT Act on investigating contraventions.

When Section 27 IT Act Applies

  • The delegating authority is the Controller.
  • The authorisation must be made in writing.
  • The person authorised may be a Deputy Controller, an Assistant Controller, or any officer.
  • The delegated authority covers one or more powers of the Controller under Chapter VI of the IT Act.

Example of Section 27 IT Act

The Controller needs Chapter VI regulatory work handled in Berhampur while attending to other statutory duties. Under Section 27 IT Act, the Controller signs a written order naming Jagdish, a Deputy Controller, to exercise specified Chapter VI powers of the Controller in Berhampur. Jagdish presents the written authorisation when carrying out those Chapter VI functions. Because the order is in writing and covers powers of the Controller under Chapter VI, Jagdish validly exercises those powers under Section 27 IT Act.

When Section 27 IT Act Does Not Apply

  • Where the Controller has not given authorisation in writing.
  • Where the power to be exercised is not a power of the Controller under Chapter VI of the IT Act.

FAQs on Section 27 IT Act

What is Section 27 IT Act?▼

Section 27 IT Act allows the Controller to authorise a Deputy Controller, an Assistant Controller, or any officer to exercise any of the Controller's powers under Chapter VI. The Controller must issue this authorisation in writing.

Must an authorisation under Section 27 IT Act be in writing?▼

Yes. Section 27 IT Act states that the Controller may authorise an official in writing to exercise the Controller's Chapter VI powers.

Who can be authorised to exercise powers under Section 27 IT Act?▼

A Deputy Controller, an Assistant Controller, or any officer. The Controller chooses which of those officials receives written authority under Section 27 IT Act.

Which powers can the Controller delegate under Section 27 IT Act?▼

Any of the powers of the Controller under Chapter VI of the IT Act. Chapter VI governs the regulation of Certifying Authorities.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Information Technology Act, 2000 ·