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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

.....after termination of transit (1) A railway administration shall be responsible as a bailee under sections 151, 152 and 161 of the Indian Contract Act, 1872 (9 of 1872), for the loss, destruction, damage, deterioration or non-delivery of any consignment up to a period of seven days after the termination of transit: Provided that where the consignment is at owner's risk rate, the railway administration shall not be responsible as a bailee of such loss, destruction, damage, deterioration or non-delivery except on proof of negligence or misconduct on the part of the railway administration or of any of its servants. (2) The railway administration shall not be responsible in any case for the loss, destruction, damage, deterioration or non-delivery of any consignment arising after the expiry of a period of seven days after the termination of transit. (3) Notwithstanding anything contained in the foregoing provisions of this section, a railway administration shall not be responsible for the loss, destruction, damage, deterioration or non-delivery of perishable goods, animals, explosives and such dangerous or other goods as may be prescribed, after the termination of transit......

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

.....(b) 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; (1) 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 neglect of the.....

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

.....liable for any nuclear damage where such damage is caused by a nuclear incident directly due to- (i) a grave natural disaster of an exceptional character; or (ii) an act of armed conflict, hostility, civil war, insurrection or terrorism. (2) An operator shall not be liable for any nuclear damage caused to-(i) the nuclear installation itself and any other nuclear installation including a nuclear installation under construction, on the site where such installation is located; and (ii) to any property on the same site which is used or to be used in connection with any such installation; or(iii) to the means of transport upon which the nuclear material involved was carried at the time of nuclear incident: Provided that any compensation liable to be paid by an operator for a nuclear damage shall not have the effect of reducing the amount of his liability in respect of any other claim for damage under any other law for the time being in force.(3) Where any nuclear damage is suffered by a person on account of his own negligence or from his own acts of commission or omission, the operator shall not be liable to such person. 6. Limits of liability. - (1) The maximum amount of liability.....