Bare Act Search Results

Public Servants (Inquiries) Act, 1850 Complete Act

State: Central

Year: 1850

.....uniform throughout India." Bih. Act 34 of 1951, S. 2 (28-11-1951). SECTION 01: SHORT TITLE 5This Act may be called the Public Servants (Inquiries) Act, 1850. SECTION 02: ARTICLES OF CHARGE TO BE DRAWN OUT FOR PUBLIC INQUIRY INTO CONDUCT OF CERTAIN PUBLIC SERVANTS Whenever the Government shall be of opinion that there are good grounds for making a formal and public inquiry into the truth of any imputation of misbehaviour by any person in the service of6[the Government, not removable from his appointment without the sanction of the Government,] it7[may] cause the substance of the imputations to be drawn into distinct articles of charge, and7[may] order a formal and public inquiry to be made into the truth thereof. SECTION 03: AUTHORITIES TO WHOM INQUIRY MAY BE COMMITTED NOTICE TO ACCUSED The inquiry may be committed either to the Court, Board or other authority to which the person accused is subordinate, or to any other person or persons, to be specially appointed by the Government, commissioners for the purpose notice of which commission shall be given to the person accused ten days at least before the beginning of the inquiry. SECTION 04: CONDUCT OF GOVERNMENT PROSECUTION.....

Public Servants (Inquiries) Act, 1850 Section 11

Title: Procedure at Beginning of Inquiry. Non-appearance of Accused and Admission of Charge

State: Central

Year: 1850

At the beginning of the inquiry the prosecutor shall exhibit the articles of charge to the commissioners, which shall be openly read, and the person accused shall thereupon be required to plead "guilty" or "not guilty" to each of them, which pleas shall be forthwith recorded with the articles of charge. If the person accused refuses, or without reasonable cause neglects, to appear to answer the charge either personally or by his counsel or agent, he shall be taken to admit the truth of the articles of charge.

Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 2

Title: Petition by Person Denying Right to Remove Nuisance

State: Central

Year: 1853

If any person shall deny the right of the said Collector to effect such abatement or removal, he shall, within one month after such notice shall have been given as aforesaid, apply to the Supreme Court of Judicature at Bombay by petition, setting forth the grounds of his alleged right and praying that the said Collector may be restrained from causing such abatement or removal; and the said Procedure thereupon Court may thereupon (on the petitioner's giving sufficient security for costs), fix a time for hearing and adjudicating upon such petition, and give such directions, and make such orders as the said Court may think just, and the said Court may also make an order for restraining the alleged nuisance, obstruction or encroachment from being extended, or from being abated or removed by the said Collector, until after adjudication upon the said petition, or the dismissal thereof for want of prosecution.

Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 3

Title: Onus of Proving Right

State: Central

Year: 1853

Upon the hearing of every such petition, the onus of proving the alleged right shall be on the petitioner.

Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 4

Title: Limitation of Time for Petition

State: Central

Year: 1853

No person shall be allowed, after the expiration of such period of one month, to present any such petition as aforesaid, unless on satisfactorily accounting to the said Court for the delay.

Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 5

Title: When Collector May Cause Removal of Nuisance

State: Central

Year: 1853

If no such petition shall be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorized by Form of warrant warrant under his hand, and such warrant may be in the Form No.2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall Indemnity not be answerable for any damage unavoidably occasioned in the removal of any such nuisance, obstruction or encroachment.

Shore Nuisances (Bombay and Kolaba) Act, 1853 Complete Act

Title: Shore Nuisances (Bombay and Kolaba) Act, 1853

State: Central

Year: 1853

Preamble1 - SHORE NUISANCES (BOMBAY AND KOLABA) ACT, 1853 Section1 - Power to give notice to remove nuisance Section2 - Petition by person denying right to remove nuisance Section3 - Onus of proving right Section4 - Limitation of time for petition Section5 - When Collector may cause removal of nuisance Section6 - Power to sell materials of encroachment Section7 - Saving of rights of Government Section8 - High-water mark defined ScheduleI - SCHEDULE

Shore Nuisances (Bombay and Kolaba) Act, 1853 Complete Act

State: Central

Year: 1853

.....PETITION No person shall be allowed, after the expiration of such period of one month, to present any such petition as aforesaid, unless on satisfactory accounting to the said Court for the delay. SECTION 05: WHEN COLLECTOR MAY CAUSE REMOVAL OF NUISANCE FORM OF WARRANT. INDEMNITY If no such petition shall -be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorized by warrant under his hand, and such warrant may be in the Form No. 2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall not be answerable for any damage unvoidably occasioned in the removal of any such nuisance obstruction or encroachment. SECTION 06: POWER TO SELL MATERIALS OF ENCROACHMENT The said Collector may sell the materials of any encroachment or obstruction removed under this Act, and may apply the proceeds of sale in or towards payment of the expenses of the removal, and, if any.....

The Shore Nuisance (Bombay and Kolaba) Act, 1853 Complete Act

State: Central

Year: 1853

.....FOR PETITION No person shall he allowed, after the expiration of such period of one month, to present any such petition as aforesaid, unless on satisfactorily accounting to the said Court for the delay. SECTION 05: WHEN COLLECTOR MAY CAUSE REMOVAL OF NUISANCE If no such petition shall be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorised by warrant under his hand, and such warrant may be in the Form No. 2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall not be answerable for any damage unavoidably occasioned in the removal of any such nuisance, obstruction or encroachment. SECTION 06: POWER TO SELL MATERIALS OF ANY ENCROACHMENT The said Collector may sell the materials of any encroachment or obstruction removed under this Act, and may apply the proceeds of sale in or towards payment of the expenses of the removal, and, if any surplus shall remain, the same.....

The Shore Nuisance (Bombay and Kolaba) Act, 1853 Complete Act

State: Maharashtra

Year: 1853

.....FOR PETITION No person shall he allowed, after the expiration of such period of one month, to present any such petition as aforesaid, unless on satisfactorily accounting to the said Court for the delay. SECTION 05: WHEN COLLECTOR MAY CAUSE REMOVAL OF NUISANCE If no such petition shall be presented within the said period of one month, or if the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorised by warrant under his hand, and such warrant may be in the Form No. 2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall not be answerable for any damage unavoidably occasioned in the removal of any such nuisance, obstruction or encroachment. SECTION 06: POWER TO SELL MATERIALS OF ANY ENCROACHMENT The said Collector may sell the materials of any encroachment or obstruction removed under this Act, and may apply the proceeds of sale in or towards payment of the expenses of the removal, and, if any surplus shall remain, the same.....