.....as the case may be, or refuse to give approval if the proposal is found to be mala fide or by the way of victimisation or not warranted by the facts and circumstances of the case. (4) Any party aggrieved by an order of director under sub section (3) may file an appeal to the Educational Tribunal, which may after giving to the parties an opportunity of being heard pass such order as he may deem fit. 5. Procedure to observed before reduction in rank " (1) Where after the inquiry referred to in section 3, it is proposed to impose the penalty of reduction in rank the employee shall be given a reasonable opportunity of making representation on the penalty proposed to be imposed and no order of reduction in rank shall be passed unless such an opportunity has been given. (2) An employee against whom an order of reduction in the rank is passed may, within the prescribed period and in the prescribed manner , file an appeal to the Educational Tribunal and it may after examine the record and giving to the parties an opportunity of being heard set aside the order of reduction in rank, if the same is found to be mala fide or by way of victimization or not warranted by the facts.....
List Judgments citing this section.....recording his reasons for such acceptance or rejection : 6. Appeal - Any person aggrieved by an order of the Assessing Authority passed under sub-section (2) of section 5 may, within a period of thirty days from the date of such order, appeal to the Assistant Collector of the First Grade, whose decision on such appeal shall be final. 7. Liability of landowners under other laws not affected Nothing in this Act shall affected the liability of any person under the Punjab Revenue Act, 1887, or under any other law for the time being in force relating to levy and collection of surcharge, special charge, or additional charge on land revenue. 8. Exclusion of jurisdiction of civil courts No Civil court shall have jurisdiction in any matter which a revenue officer is empowered by this Act to dispose of or take cognizance or the manner in which a revenue officer exercises any power vested in him by or under this Act. 9. Recovery of cess - The cess leviable under this Act shall be recoverable in the same manner as applicable to the recovery of land revenue. 10. Remission - Where in any harvest land revenue is remitted in respect of any land on which a commercial crop is grown or.....
List Judgments citing this section.....Central Government may, having regard to the density of the population and the nature and extent of the accommodation available therein and other relevant factors, declare by notification to be urban for the purposes of this Act.'. 4. For section 20, substitute-- "20. Power to make rules.-- (1) The Central Government may, by notification, make rules for the purpose of carrying out all or any of the provisions of this Act. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule." Punjab State Acts
List Judgments citing this section.....In these rules, unless, the context otherwise requires,- (a) "Act" means the Punjab Commercial Crops Cess Act, 1974; (b) "section" means a section of the Act. of proviso 2 to section 3(1) and section 11(2) (a). 3. Determination of Kharaba - Kharaba, for purposes this Act shall be determined in the following manner:- When any commercial crop fails to germinate or dries up or is destroyed by any calamity or fruit trees in an orchard do not bear fruit or the fruit thereof is damaged or destroyed by any calamity so that the total yield in respect of an orchard or a commercial crop as the case may be, is not more than twenty-five percentum of the average yield, the whole of the land under commercial crop or that orchard shall be considered as kharaba. Explanation- (1) Where two or more distinct crops are grown separately in different portions of one khasra number, the aforesaid procedure shall be applied separately to each of such distinct crop. (2) Average yield shall be considered that yield as is determined by the Assessing Authority on the basis of yield in the last three years harvest in that area. Rule 4(1) and (2) and rule 11 (1) (2) (b) and (c). 4......
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