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Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Complete Act

Title: Karnataka Local Authorities (Prohibition of Defection ) Act, 1987

State: Karnataka

Year: 1987

Preamble 1 - KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION ) ACT, 1987 Section 1 - Short title and commencement Section 2 - Definitions Section 3 - Disqualification on the ground of defection Section 3A - Disqualification on the ground of defection not to apply in case of split Section 3B - Disqualification on the ground of defection not to apply in case of merger Section 4 - Decision on the question as to disqualification on the ground of defection Section 5 - Amendment of Karnataka Act 22 of 1964 Section 6 - Amendment of Karnataka Act 14 of 1977 Section 7 - Amendment of Karnataka Act 20 of 1985 Section 8 - Bar on Jurisdiction of Courts Section 9 - Power to make rules Section 10 - Repeal and savings

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Preamble 1

Title: Karnataka Local Authorities (Prohibition of Defection ) Act, 1987

State: Karnataka

Year: 1987

Preamble 1 - KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION ) ACT, 1987 THE KARNATAKA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION ) ACT, 1987 [Act, No. 20 of 1987]1 [2nd May, 1987] PREAMBLE An Act to prohibit defection by the Councillors of Municipal Corporations,2[Municipal Councils, Town Panchayats and members of Zilla Panchayats and Taluk Panchayats] from the political parties by which they were set up as candidates and matters connected therewith. WHEREAS it is expedient to prohibit defection by the Councillors of Municipal Corporations2[Municipal Councils and Town Panchayats and members of Zilla Panchayats and Taluk Panchayats ] from the political parties by which they were set up as candidates and matters connected therewith; BE it enacted by the Karnataka State Legislature in the Thirty-eighth Year of the Republic of India as follows :-- _________________________ 1. First published in the karnataka Gazette Extraordinary on the fifth day of May 1987. 2. Substituted by Act 13 of 1995 w.e.f. 3.5.1995.

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 3

Title: Disqualification on the Ground of Defection

State: Karnataka

Year: 1987

..... 2[(3) x x x ] (4) Notwithstanding anything contained in the foregoing provisions of this section, a person who on the commencement of this Act, is a councillor shall,-- (a) where he was a member of a political party immediately before such commencement, be deemed for purposes of sub--section (1) to have been elected as a councillor as a candidate set up by such political party ; (b) in any other case, be deemed to be an elected councilor who has been elected as such otherwise than as a candidate set up by any political party for the purpose of sub--section (2). __________________________ 1. Substituted by Act 13 of 1995 w.e.f. 3.5.1995. 2. Omitted by Act 13 of 1995 w.e.f. 3.5.1995.

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 3A

Title: Disqualification on the Ground of Defection Not to Apply in Case of Split

State: Karnataka

Year: 1987

.....of split Where a councillor or a member makes a claim that he and any other members of his political party constitute the group representing a faction which has arisen as a result of a split in his political party and such group consists of not less than one--third of the members of such political party,-- (a) he shall not be disqualified under sub--section (1) of section 3 on the ground,-- (i) that he has voluntarily given up his membership of his political party ; or (ii) that he has voted or abstained from voting in, or intentionally remained absent from, any meeting of the Municipal Corporation, Municipal Council, Town Panchayat, Zilla Panchayat or Taluk Panchayat contrary to any direction issued by the political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining in any case, the prior permission of such political party, person or authority and such voting or abstention or absence has not been condoned by such political party, person or authority within fifteen days from the date of voting or such abstention or absence ; and (b) from the time of such split, such faction shall be deemed to be the political.....

Karnataka Local Authorities (Prohibition of Defection ) Act, 1987 Section 4

Title: Decision on the Question as to Disqualification on the Ground of Defection

State: Karnataka

Year: 1987

.....Corporation, the Commissioner ; (d) in the case of a City Municipal Council, the Municipal Commissioner, (e) in the case of a Town Municipal Council, the Chief Officer; 3[(f) in the case of a Town Panchayat, the Chief Officer ; ] 4[(2) " Local Authority" means the Zilla Panchayat, Taluk Panchayat, Municipal Corporation, City or Town Municipal Council or Town Pancayat.] 6[(3) "State Election Commissioner" means the State Election Commissioner appointed under Section 308 of the Karnataka Panchayat Raj Act, 1993.] __________________________ 1. Omitted by Act 13 of 1995 w.e.f. 3.5.1995. 2. Substituted by Act 19 of 1995 w.e.f. 5.6.1995. 3. Inserted by Act 13 of 1995 w.e.f. 3.5.1995. 4. Substituted by Act 13 of 1995 w.e.f. 3.5.1995. 5. Proviso omitted by Act 19 of 1995 w.e.f. 5.6.1995. 6. Inserted by Act 19 of 1995 w.e.f. 5.6.1995.

Bombay Local Fund Audit Act, 1930, (Maharashtra) Section 10

Title: Local Authority to Remedy Defects. Procedure to Be Followed After Report of the Chief Auditor Under Section 8

State: Maharashtra

Year: 1930

.....fails to give the intimation or explanation referred to in sub-section (1) within the period therein mentioned, the Chief Auditor shall bring the fact to the notice of the Commissioner. Thereupon, the Commissioner may 18[publish in Marathi in any newspaper circulating within the jurisdiction of the local authority] such portion of the Chief Auditor's report under section 8 as may be specified by the Chief Auditor or as the Commissioner may select, together with any observations which the Commissioner may make on such report. The cost of such publication shall be forthwith paid by the local authority concerned. If the cost is not so paid, the Commissioner may make an order directing any person, who for the time being has custody of any moneys on behalf of the local authority, as its officer, treasurer, banker or otherwise, to pay the amount of such cost from such moneys as he may have in his hands or may, from time to time, receive, and such person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such person from all liability to the local authority in respect of any amount paid by him out of the moneys of the local.....

The Kerala Local Authorities (Prohibition of Defection) Act 1999 [1] Complete Act

State: Kerala

Year: 1999

THE KERALA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT 1999 [1] THE KERALA LOCAL AUTHORITIES (PROHIBITION OF DEFECTION) ACT 1999 [1] ACT 11 OF 1999 AN ACT to prohibit defection among members of local authorities in the State of Kerala and to provide for disqualification of the defecting members for being members of local authorities. Preamble.-- WHEREAS, it is expedient to bring out a comprehensive legislation for removing the ambiguity in the existing laws in so far as they relate to prohibition of defection among members of local authorities and disqualification of the defecting members for being members of the local authorities; BE it enacted in the Fiftieth Year of the Republic of India as follows:- 1. Short title and commencement.-(1) This Act may be called the Kerala Local Authorities (Prohibition of Defection) Act, 1999. (2) It shall be deemed to have come into force on the 2nd day of October, 1995. 2. Definition.- In this Act, unless the context otherwise requires,-- (i) "block panchayat" means a block panchayat constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994); (ii) "coalition" means a coalition.....

Railways Act, 1989 Section 98

Title: Goods in Defective Condition or Defectively Packed

State: Central

Year: 1989

.....manner as may be prescribed and as a result of such defective or improper packing are liable to damage, deterioration, leakage or wastage, and the fact of such condition or defective or improper packing has been recorded by the consignor or his agent in the forwarding note, the railway administration shall not be responsible for any damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination: Provided that the railway administration shall be responsible for any such damage, deterioration, leakage or wastage or for the condition in which such goods are available for delivery at destination if negligence or misconduct on the part of the railway administration or of any of its servants is proved. (2) When any goods entrusted to a railway administration for carriage are found on arrival at the destination station to have been damaged or to have suffered deterioration, leakage or wastage, the railway administration shall not be responsible for the damage, deterioration, leakage or wastage of the goods on proof by railway administration.-- (a) that the goods were, at the time of entrustment to the railway.....

Improvement Boards Act, 1976 Section 50

Title: Board to Remedy Defects

State: Karnataka

Year: 1976

.....in his opinion, be surcharged or charged.1 [The audited accounts and the report shall be laid before each House of the State Legislature as soon as may be, after it is received by theGovernment. (4) The Board shall include in its next administration report such portions of the report under section 49 as deal with defects and irregularities falling under clause (c) of sub-section (2), the explanation if any, given under sub-section (1) and the final report of the Controller thereon under sub-section (3). (5) Nothing in this section shall preclude the Controller, at any time from bringing to the notice of the Government any matter which appears to him to involve criminal misappropriation or fraud or deserves special attention or immediate investigation. _____________________ 1. Inserted by Act 13 of 1985 w.e.f. 10.10.1984.

Karnataka Municipalities Act, 1964 Section 295

Title: Municipal Council to Remedy Defects: Procedure to Be Followed After Report of the Auditor Under Section 293

State: Karnataka

Year: 1964

.....or irregularities relate should, in his opinion, be surcharged or charged. (4) The municipal council concerned shall include in its next administration report, such portions of the report under section 293 as deal with defects and irregularities failing under clause (c) of sub-section (2), together with the explanation thereof, if any, given under sub-section (1) and the final report of the Controller, State Accounts Department thereon under subsection (3). Such report of defects and irregularities and explanation shall be open to the inspection of the public at the office of the municipal council for a period of one month from the date of their receipt. (5) Nothing in this section shall preclude the Controller, State AccountsDepartment, at any time from bringing to the notice of the Commissioner, for such action as the Commissioner may consider necessary, any information which appears to him to support a presumption of criminal misappropriation or fraud or which in his opinion deserves special attention or immediate investigation.