S. B. SINHA, J. ( 1 ) IN these writ applications the petitioners have, inter alia, questioned an order dated 24-2-1988 passed by the Registrar of Co-operative Society, Andaman and Nicobar Islands, Port Blair and the consequential notices dated 11-3-88, 16-5-88 as also the purported decision to amend the bye-laws dehorsing the Rules 20 and 26 of the Andaman and Nicobar Island Cooperative Society Rules, 1974 issued by the Administrator of Bangashree Co-operative Coconut Farming Society Ltd. , who had been appointed in the year 1985, ( 2 ) ALTHOUGH several questions have been raised in these writ applications, the learned Counsels for the parties have addressed us only one question namely, as to whether the Registrar of the Co-operative Society could be appointed by the Lieutenant Governor in terms of the Andaman and N. icobar Islands Cooperative Societies Regulations, 1973 (hereinafter referred to as the said Regulation ). The said Regulation was promulgated by the President of India in exercise of his power under Article 240 of the Constitution of India. ( 3 ) AT that point of time Andaman and Nicobar Islands was Part-D State. However, by reason of constitution of 7th amendment it became a Part-C State. The Administration of Andaman and Nicobar Islands admittedly was in the hands of the Chief Commissioner. 'chief Commissioner' in the said Regulation has been defined to mean the Chief Commissioner of the Union Territory of the Andaman and Nicobar Islands. ( 4 ) THE said Regulation was, thus, made by the President in exercise of his Power under Article 240 of the Constitution of India. There cannot be any doubt in view of the decision of the Apex Court in Goa Sampling Employees' Association v. G. S. Co. (India) Private Ltd. that the President may act through an Administrator appointed by him. Administrator is, thus, a delegatee of the President. ( 5 ) WITH a view to answer the question raised the history of the said Islands may be traced out:--"under Section 58 of the Government of India Act, 1915-19 Andaman and Nicobar Islands was a Chief Commissioner's province and it was provided inter alia that --"each of the following province namely which is known as North West Frontier Province, British Baluchistan, Azmir, Merwara, Coorg and Andaman and Nicobar Islands is, subject to the provision of the Act, administered by the Chief Commissioner. " part VI of Government of India Act, 1919 dealt with Legislation for India particularly Section 73 of Government of India Act, 1919, the power of Legislation of Lieutenant Governor and Chief Commissioner's provinces. Section 94 of Government of India Act, 1935 defines the Chief Commissioner's provinces and provides inter alia that--The following shall be the Chief Commissioner's Province that is to say heretofore existing Chief Commissioner's Province-Delhi, Azmir, Merwara, Coorg and Andaman and Nicobar Islands, the areas known as Panthpiploda and such other Chief Commissioner's province as may be created by the Act. (ii) Aden shall cease to be Part of India; (iii) The Chief Commissioner's Province shall be administered by Governor General acting to such extent as he thinks fit and proper, the Chief Commissioner may be appointed by him in his discretion. "section 96 of the Government of India Act, 1935 provides inter alia that --"'the provision of sub-Section (3) of the last preceding section shall apply in relation to the Andaman and Nicobar Islands as they apply in relation to British Baluchistan". On attainment of Dominion status on 15th August, 1947 under Indian Independence Act, 1947, the power of Legislature on dominion was exercisable by the Constituent Assembly under Sub-section (1) of Section 8 which runs as follows :--"8 (1) -- In the case of each of the new Dominions, the powers of the Legislature of the Dominion shall, for the purpose of making provision as to the Constitution of the dominion, be exercisable in the first instance by the Constituent Assembly of that Dominion, and reference in this Act to the Legislature of the Dominion shall be construed accordingly. " indian Independence Act, 1947 established the sovereign character of the Constituent Assembly. On 5th January, 1950 the Constituent Assembly enacted Government of India (Amendment) Act, 1949 by which Section 290a was inserted and Section 93 of the Act provides that --"governor General may by order direct that an acceeding part of such State shall be administered as Chief Commissioner's province or as a part of the Governor was Chief Commissioner's province. On 5th January, 1950 the Constituent Assembly enacted Government of India (Amendment) Act, 1949 by which Section 290a was inserted and Section 93 of the Act provides that --"governor General may by order direct that an acceeding part of such State shall be administered as Chief Commissioner's province or as a part of the Governor was Chief Commissioner's province. " ( 6 ) INITIALLY, Andaman and Nicobar Islands was a Part 'd' State of the First Schedule up to 1956 and after the 7th amendment of the Constitution on 1st November, 1956 Andaman and Nicobar Islands ceased to be Part 'c' State of the first schedule and was treated as a Union Territory and the power to administer the Union Territory of Andaman and Nicobar Islands including the Legislation was entrusted upon the President of India. Prior thereto, that is from 26th January, 1950 to 30th October, 1956 Andaman and Nicobar Islands was treated as Part 'd' State of the First Schedule under Article 243 (1) of the Constitution of India which runs as follows :--"article 243 (1) --Any territory specified in Part 'd' of the First Schedule and any other territory comprised within the territory of India but not specified in the Schedule shall be administered by the President, acting, to such extent as he thinks fit, through a Chief Commissioner or other authority to be appointed by him". As such, Andaman and Nicobar Islands were treated as Chief Commissioner's Province. ( 7 ) ACCORDING to Article 243 (2) of the Constitution, the power to make Regulation in so far as the Chief Commissioner's Province is concerned prior to 7th Amendment of the Constitution was entrusted upon the President of India. Article 243 (2) of the Constitution provides as follows :--"article 243 (2) -- The President may make regulations for the peace and good government of any such territory and any regulation so made may repeal or amend any law which is for the time being applicable for such territory and when promulgated by the President shall have the same force and effects as an Act of Parliament which applies to that territory". From 1st November, 1956 Andaman and Nicobar Island although was a Union Territory, the power to administer the same was entrusted upon the Administrator to be appointed by the President of India to such extent as he thinks fit. From 1st November, 1956 Andaman and Nicobar Island although was a Union Territory, the power to administer the same was entrusted upon the Administrator to be appointed by the President of India to such extent as he thinks fit. ( 8 ) ARTICLE 239 (1) of the Constitution of India reads as follows :--"article 239 (1) save as otherwise provided by the Parliament by law, every Union territory shall be administered by the President acting to such extent as he thinks fit, through an Administrator to be appointed by him with such designation as he may specify". ( 9 ) SIMILARLY by Article 240 (1) of the Constitution, President has been empowered to make Regulation for Union Territory of Andaman and Nicobar Islands. ( 10 ) ARTICLES 240 (1) and 240 (2) of the Constitution of India run as follows :--"240 (1) -- The President may make regulations for peace, progress and good government of Union Territory of Andaman and Nicobar Islands, "240 (2) -- Any regulation so made may repeal or amend any Act made by the Parliament or any other laws, which is for the time being applicable to the Union Territory and when promulgated by the President shall have the same force and effect as an Act of Parliament which applies to that Territory. " ( 11 ) BEFORE us several Notifications have been placed which had been issued by the President of India in exercise of its power conferred upon it under Articles 239 and 243 of the Constitution of India. Several Notifications had also been issued to substitute the word "lieutenant Governor" instead and place of "chief Commissioner". Admittedly no Notification had been issued amending the said Regulation. ( 12 ) MR. Soumen Bose, the learned Counsel appearing on behalf of the Central Government submitted that keeping in view the fact that in terms of Article 239 of Constitution of India the President is empowered to appoint any Administrator by whatever name may be called to administer a Part 'c' State, the very fact that in lieu of 'chief Commissioner the 'lieutenant Governor' has been so appointed, all these residuary functions' of the Chief Commissioner can now be performed by the Lieutenant Governor. ( 13 ) ACCORDING to the learned counsel an attempt should be made to uphold a law as otherwise the same would create a vacuum which would be inconsistent with the rule of law. ( 14 ) THE submission of Mr. Bose must be accepted for the reasons stated hereinafter although no notification has been issued in terms of Article 240 of the Constitution of India. ( 15 ) SECTIONS 17 and 18 of the General Clauses Act read thus :--"section 17 : Substitution of functionaries -- (1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient, for the purpose of indicating the application of a law to every person or number of persons for the time betng executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed. " (2) This section applies also to all Central Acts made after the third day of January, 1868, and to all Regulations made on or after the fourteenth day of January, 1997. Section 18 : Successors -- (1) In any Central Act or Regulation made after the commencement of this Act, it shall be sufficient for the purpose of indicating the relation of a law to the successors of any functionaries or of corporation having perpetual succession, to express its relation to the functionaries or corporations. (2) This Section applies also to all Central Acts made after the third day of January, 1968 and to all the Regulations made on or after the fourteenth day of January 1887. " ( 16 ) IN terms of the provision of the said Act, thus, it would be sufficient for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession to express its relation to the functionaries or corporations. ( 17 ) IT is true that several notifications have been issued with a view to amend the Parliamentary Acts. However, we are concerned with a case where a question arises as to whether by reason of a notification an Administrator is appointed, the successor of the office of the 'chief Commissioner' shall be entitled to make appointment of Registrar in terms of the Regulations framed under Article 240 of the Constitution of India. However, we are concerned with a case where a question arises as to whether by reason of a notification an Administrator is appointed, the successor of the office of the 'chief Commissioner' shall be entitled to make appointment of Registrar in terms of the Regulations framed under Article 240 of the Constitution of India. Merely a functionary who had been designated as the Chief Commissioner is being replaced by the designation 'lieutenant Governor' by reason of the Notifications. It would, therefore, be the duty of the Court to ascertain as to who is the present official or statutory authority who shall exercise the functions of the Chief Commissioner. ( 18 ) IT is true that Ex-majori Cautela the President should have issued a general notification in terms of Article 240 of the Constitution of India. But having regard to the facts and circumstances of the case and having regard to the spirit and object of such notifications, we are of the opinion that the same must be given a purposive meaning. ( 19 ) ALTHOUGH Articles 239 and 240 of the Constitution of India operate in different fields, but when in respect of a functionary under statute, one designation is replaced by another no amendment of the statute as such may be necessary as in such causes; Sections 17 and 18 of the General Clauses Act will come into play. ( 20 ) CHIEF Commissioner in terms of the Regulation in question used to exercise executive power. He did not exercise a legislative power but an administrative power. Thus, replacement of Chief Commissioner by Lieutenant Governor as Administrator, in our opinion, would entitle the latter to exercise the executive power conferred upon him by a statute. The matter may be different when a legislative power is to be exercised. But we are not called upon to answer the said question. ( 21 ) FURTHERMORE, in a case of this nature the Court should adopt such Interpretation which would keep the law in force. If the argument of Mr. Mukherjee is accepted, a complete void would be created in relation to all the regulations made by the President under Article 240 of Constitution of India. Such a void in the field is not countenanced. ( 22 ) IN Express Newspapers Pvt. Ltd. v. Union of India, upon which Mr. If the argument of Mr. Mukherjee is accepted, a complete void would be created in relation to all the regulations made by the President under Article 240 of Constitution of India. Such a void in the field is not countenanced. ( 22 ) IN Express Newspapers Pvt. Ltd. v. Union of India, upon which Mr. Mukherjee has placed strong reliance the fact situation was absolutely different as therein the President had not conferred the power to grant of lease under the Government Grants Act to the Lieutenant Governor. ( 23 ) FOR the reasons aforementioned we are of the opinion that the principal point for which the matter had been referred to the division bench by one of us by an order dated 17-8-98 should be answered against the writ petition. ( 24 ) KEEPING in view the fact that several other matters are pending before the High Court of Calcutta, Andaman and Nicobar Islands, Circuit Bench, we are of the opinion that this writ application so far as the merit of the matter is concerned should also be heard by a bench. We, therefore, direct that matter may now be placed before an appropriate bench for adjudication of the writ petition on merit. ( 25 ) THIS order has been passed keeping in view the fact that no body has appeared on behalf of Andaman and Nicobar Islands Administration nor we had the opportunity to consider the views of the respondents inasmuch as in this case before us only the aforementioned point had been argued by Mr. Mukherjee appearing on behalf of the writ petitioner and Mr. Souman Bose, the Ld. Counsel appearing on behalf of the Union of India. ( 26 ) LET the records of the case be transmitted to the Circuit Bench at Port Blair forthwith.