Statutory Authority

 What is statutory authority?

Statutory authority refers to the powers and duties assigned to a government official or agency through a law passed by Congress or a state legislature.

What is statutory authority explain with case laws?

Regulations are self binding in character. Regulations have the force of law inasmuch as the statutory authorities have ... include every authority authorised to make any statutory rules. Statutory rules are defined there as rules, regulations or by-laws.

What are statutory and non-statutory authorities?

Statutory refers to organizations and bodies that are defined by a formal law or a statute. These bodies are entities shaped by an Act of Parliament and set up by the Government to consider the data and make judgments in some area of activity. Non-statutory is essentially another term for common law.

What is statutory authority tort?

Statutory authority in the law of tort is a defence to claim that the defendant was authorized by some statute to do an act for which he was accused. A statutory authority is a body established up by law which is authorized to enact legislation on behalf of the country or relevant state.

What is a statutory example?

In their most basic form, statues are written laws that can be looked up or located in databases or books. These come in the form of bills or acts. Common examples of statutory law include traffic violations like running a red light and the minimum legal drinking age of 21, to name a few.

How do I find statutory authority?

You can typically find an authority note at the beginning of a larger unit of the CFR, such as at the beginning of a Part (after the initial listing of the sections contained in that Part) and/or at the beginning of each Subpart.

Is a statutory authority a company?

A corporation made by an act of parliament is a statutory corporation ('statutory SOC'). Consequently, a statutory SOC acts as both a statutory body and a body corporate. As a result, a statutory SOC operates very similar to a normal corporation.

What is a non statutory authority?

Answer: A non-statutory body is an organization that does not have any legal powers and is not created by an act of parliament. Non-statutory bodies are usually set up by the government to carry out a specific function.

Statutes may be classified into 12 types;

1. Codifying statute:

Codifying statutes are those statutes which are in written form. The code contains the pre-existing as well as the existing common laws

 

2. Consolidating statute:

These statutes are those statutes which consolidate the law on a particular subject at one place.

 

3. Declaratory statute:

declaratory statute is a statute to remove the doubts arising in future. For example the word declared is used in the preamble of every statute generally but not necessarily. Mere the use of expression declared does not make the statute a declaratory statute.

 

4. Remedial statute:

a remedial statute is one in which a remedy is provided. Its main object is to make improvements in the enforcement of one's right and for the redress of wrongs. For example- maternity benefits act, 1961, the workmen's compensation act 1923.

 

5. Enabling statute:

Enabling acts are one which makes the certain acts lawful which are generally unlawful. It makes such provision legally valid in the eyes of law. Such a statute grants power to make certain rules without prejudice to foregoing general provision.

 

6. Disabling statute:

a disabling statute are one which cuts down the right conferred by the common law.

 

7. Penal statute:

penal statutes are those which are providing different penalties for different offences. It is a statute which punishes the certain acts or wrongs. For example; Indian penal code, 1959, Prevention of food and adulteration act, 1954

 

8. Taxing statute:

taxing statute is one which is im posing taxes on certain goods and services. It can be in the form of income tax, gift tax, wealth tax, sales tax, etc. its object is to collect the revenue for the state's welfare. It is the source of revenue generation for the state.

 

9. Explanatory statute:

these are the statutes which explains the law or in other words remove the doubts or clarify the ambiguity arising in the previous tatute. For example; Royal mines act, 1963 was passed in order to remove the ambiguity arising in the previous statute i.e; Royal mines act 1688. The Royal mines act, 1963 was enacted for the better explanation of the earlier act.

 

 10. Amending statute:

amending statute is one which makes changes in the original law by addition so as to effect an improvement. For example; Direct taxes amendment act, 1974, criminal law (amendment) act, 1983.

 

11. Repealing statute:

repealing statute is one which removes or repeals the earlier statute. The termination of provision may be the express or explicit language of the statute.

 

12. Curative or validating statute:

A curative or validating statute is one which is passed to remove the defects in the previous law and to cure the defects of the prior law. A validating statute normally contains the expression notwithstanding any judgement order or decree of any court.