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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.

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.....

Indian Carriage of Goods by Sea Act, 1925 (26 of 1925) Schedule 1

Title: Rules Relating to Bills of Ladings

State: Central

Year: 1925

.....fire, unless caused by the actual fault or privity of the carrier; (c) perils, dangers and accidents of the sea or other navigable waters; (d) act of God; (e) act of war; (f) act of public enemies; (g) arrest or restraint of princes, rulers of people, or seizure under legal process; (h) quarantine restriction; (i) act or omission of the shipper or owner of the goods, his agent, or representative; (j) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general; (k) riots and civil commotions; (l) saving or attempting to save life or property at sea; (m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods; (n) insufficiency of packing; (o) insufficiency or inadequacy of marks; (p) latent defects not discoverable by due diligence; (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or.....

Carriage of Goods by Sea Act, 1925 Complete Act

State: Central

Year: 1925

.....the trade, the weight entered in the bill of lading is a weight ascertained or accepted by a third part other than the carrier or shipper and this fact is so stated in the bill of lading."- Gazette of India. 1925, Part V, page 37. REPORT OF JOINT COMMITTEE The following report of the Joint Committee on the Bill to amend the law with respect to the carriage of goods by sea was presented to the Legislative Assembly on the 31st August 1925:- "We the undersigned Members of the Joint Committee to which the Bill to amend the law with respect to the carriage of goods by sea was referred, have considered the Bill and the papers noted in the margin and have now the honour to submit this our Report, with the Bill as amended by us annexed thereto. We have made one change in the Bill, the substitution of new Cl. 5. Original Cl. 5, following lines of the English Act, exempted the whole of the coasting trade from the requirement that in all cases a bill of lading should be issued subject to the conditions prescribed in the Rules, that is to say, such trade was excluded from the operation of the Rules. It is clear from the opinions received that, contrary to the English practice, bills of.....

The Civil Liability for Nuclear Damage Act, 2010no. 38 of 2010[21st September, 2010.] Complete Act

Title: The Civil Liability for Nuclear Damage Act, 2010no. 38 of 2010[21st September, 2010.]

Year: 2010

.....the Central Government or the person, officer or authority in respect of anything done by it or him in good faith in pursuance of this Act or of any rule or order made, or direction issued, thereunder. 48. Power to make rules. - (1) The Central Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for - (a) the other financial security and the manner thereof under sub-section (1) of section 8;(b) the salary and allowances payable to and the other terms and conditions of service of Claims Commissioner under section 11; (c) the procedure to be followed by Claims Commissioner under sub-section (1) of section 12; (d) the person to be associated by Claims Commissioner and the manner thereof, under sub-section (2) of section 12; (e) the remuneration, fee or allowances of associated person under sub-section (3) of section 12; (f) any other matter under clause (f) of sub-section (4) of section 12; (g) the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (1) of section 15;(h) the salary and.....