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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.

Carriage by Air Act, 1972 Schedule 3

Title: The Third Schedule

State: Central

Year: 1972

.....relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated therein; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo. 12. (1) Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor shall not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and shall reimburse any expenses occasioned by the exercise of this right. (2) If it is.....

Carriage by Air (Amendment) Act 2009 Section 10

Title: Insertion of Third Schedule and Anexure

State: Central

Year: 2009

.....relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated therein; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill or the cargo receipt to have been, checked by it in the presence of the consignor, or relate to the apparent condition of the cargo. 12. (1) Subject to its liability to carry out all its obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the airport of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee originally designated, or by requiring it to be returned to the airport of departure. The consignor shall not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and shall reimburse any expenses occasioned by the exercise of this right. (2) If it is.....

Bengal Municipal Act, 1932 Complete Act

State: West Bengal

Year: 1932

.....store, milk- shop, or other place from which milk is supplied only on, or for, sale or in which milk is kept, or used for the purposes of sale, or mufacture into butter, ghee, cheese, curds, or dried or condensed milk, for sale; and in the case of a dairyman or person selling milk, who does not occupy any premises for the sale of milk, includes the place where he keeps the vessels used by him for the sale of milk, but does not include a shop from which milk is not supplied otherwise than in properly closed and unopened receptacles in which it was delivered to the shop, or a shop, or other place in which milk is sold for consumption on the premises only a or a shop or place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or place; (11) "dangerous disease" means- (a) cholera, plague, small-pox, cerebro-spinal meningitis and diptheria; and (b) any other disease which the 1414. Words "Provincial Government" first subs, for the words "Local Government" by the Government of lndia(Adaptation of Indian Laws) Order, 1937, and, thereafter, the word "State" subs, for the word.....

Railways Act, 1989 Chapter 11

Title: Responsibilities of Railway Administrations as Carriers

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.....

Railways Act, 1989 Section 93

Title: General Responsibility of a Railway Administration as Carrier of Goods

State: Central

Year: 1989

.....destruction, damage or deterioration in transit, or no delivery of any consignment, arising from any cause except the following namely:-- (a) act of God; (b) act of war; (c) act of public enemies; (d) arrest, restraint or seizure under legal process; (e) orders or restrictions imposed by the Central Government or a State Government or by an officer or authority subordinate to the Central Government or a State Government authorised by it in this behalf; (f) act or omission or negligence of the consignor or the consignee or the endorsee or the agent or servant of the consignor or the consignee or the endorsee; (g) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods; (h) latent defects; (i) fire, explosion or any unforeseen risk: Provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of the aforesaid causes, the railway administration shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or non-delivery unless the railway administration further proves that it has used reasonable foresight and.....