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Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973 (11 of 1974) Preamble 1

Title: Karnataka Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973

State: Karnataka

Year: 1973

.....Act, 1956; WHEREAS on the basis of the ranking of civil servants in the several inter-state seniority lists prepared in pursuance of sub-section (5) of section 115 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), courts have directed the making of retrospective promotions to statutory and other offices; AND whereas as held by the Supreme Court in Ajit Singh Vs. State of Punjab reported in All India Reporter 1967, Supreme Court 856 and in Income-Tax Officer, Alleppy Vs. N.C. Ponnoose, reported in All India Reporter 1970 Supreme Court 385 appointments of civil servants to offices in which statutory functions are exercisable cannot be made with retrospective effect; AND whereas retrospective promotions involve payment of large sums of money to persons who have not worked in the promotional posts or offices concerned, to the detriment of the finances of the State, besides involving retrospective reversions rendering invalid the statutory functions discharged by the persons reverted; AND whereas retrospective promotions preclude the determination of the suitability of the civil servants to hold the promotional posts or offices and will enable them to.....

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Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973 (11 of 1974) Complete Act

Title: Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973 (11 of 1974)

State: Karnataka

Year: 1973

Preamble 1 - KARNATAKA CIVIL SERVICES (REGULATION OF PROMOTION, PAY AND PENSION) ACT, 1973 Section 1 - Short title and Commencement Section 2 - Definitions Section 3 - Promotions, etc., of civil servants Section 4 - Promotions, etc., of allottees Section 5 - Provision relating to reversion of allottees Section 6 - Provision relating to revision of pensions, etc. Section 7 - Provisions relating to payments to heirs of deceased allottees Section 8 - Sections not applicable to certain allottee Section 9 - Officiation Section 9A - Rules Section 10 - Removal of difficulties Section 11 - Over-riding effect Section 12 - Repeal Section 13 - Savings

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The Himachal Pradesh Judicial Officers (Pay, Allowances & Conditions of Service) Act, 2003 Complete Act

State: Himachal

Year: 2003

.....exercise of the powers vested in him under sub- section (1) of section 4 of the Himachal Pradesh Judicial Officers (Pay and Conditions of Service) Act, 2003 (Act No.10 of 2003), is pleased to make the following rules to regulate the pay of Judicial Officers, namely:- 1. Short title.- These rules may be called the Himachal Pradesh Judicial Officers (Pay Fixation) Rules, 2003. 2. Definitions.- (1) In these rules, unless there is anything repugnant to the subject or context,- (a) "Act" means the Himachal Pradesh Judicial Officers (Pay and Conditions of Service) Act, 2003; (b) "basic pay" means the amount drawn monthly by a Judicial Officer in the existing scale of the post held by him or to which he is entitled by the reasons of his position in a cadre including ex-gratia annual increment(s) and additional pay, if any, but shall not include Special Pay and Personal Pay; (c) "Government" means the Government of Himachal Pradesh; (d) "existing pay scale" means the pre-revised pay scale in respect of a post held or a personal scale allowed to a Judicial Officer as on 1st day of January, 1996, whether in a substantive or officiating capacity; (e) "revised pay" means basic pay of a.....

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Transfer of Property Act, 1882 Section 37

Title: Apportionment of Benefit of Obligation on Severance

State: Central

Year: 1882

.....that purpose: Provided that no person on whom the burden of the obligation lies shall be answerable for failure to discharge it in manner provided by this section, unless and until he has had reasonable notice of the severance. Nothing in this section applies to leases for agricultural purposes unless and until the State Government by notification in the Official Gazette so directs. Illustrations (a) A sells to B, C and D a house situated in a village and leased to E at an annual rent of Rs. 30 and delivery of one fat sheep, B having provided half the purchase-money and C and D one quarter each. E, having notice of this, must pay Rs. 15 to B, Rs. 7.50 to C, and Rs. 7.50 to D, and must deliver the sheep according to the Joint direction of B, C and D. (b) In the same case, each house in the village being bound to provide ten days' labour each year on a duke to prevent inundation E had agreed as a term of his lease to perform this work for A. B, C and D severally require E to perform the ten days' work due on account of the house of each. E is not bound to do more than ten days' work in all, according to such directions as B, C and D may join in giving.

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Karnataka Court-fees and Suits Valuation Act, 1958 Chapter II

Title: Liability to Pay Fee

State: Karnataka

Year: 1958

.....only with the highest of the fees chargeable on them. Nothing in this sub-section shall be deemed to affect any power conferred upon a court under Rule 6 of Order II of the Code of Civil Procedure, 1908 (Central Act V of 1908). (4) The provisions of this section shall apply mutatis mutandis to memoranda of appeals, applications, petitions and written statements. Explanation: For the purpose of this section, a suit for possession of immovable property and for mesne profits shall be deemed to be based on the same cause of action. Section 7 - Determination of market value (1) Save as otherwise provided, where the fee payable under this Act depends on the market value of any property, such value shall be determined as on the date of presentation of the plaint. (2) The market value of land in suits falling under section 24 (a), 24 (b), 26 (a), 27, 28, 29, 31, 35(1), 35(2), 35(3), 36, 38, 39 or 45 shall be deemed to be- (a) Where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such an estate and is recorded in the Deputy Commissioner's register as separately assessed with such revenue and such.....

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Monopolies and Restrictive Trade Practices Act, 1969 Section 27A

Title: Power of the Central Government to Direct Severance of Inter-connection Between Undertakings

State: Central

Year: 1969

.....anything contained in this Act or in any other law for the time being in force, the Commission may,- (i) upon receiving a complaint of facts from any trade association or from any consumer or a registered consumers' association, whether such consumer is a member of that consumers' association or not, or (ii) upon a reference made to it by the Central Government or a State Government, or (iii) upon its own knowledge or information, if it is of opinion that the continuance of inter-connection of an undertaking (hereafter in this section referred to as the principal undertaking) with any other undertaking is detrimental to- (a) the interests of the principal undertaking; or (b) the future development of the principal undertaking; or (c) the steady growth of the industry to which the principal undertaking pertains; or (d) the public interest, inquire] as to whether it is expedient in the public interest to make an order for the severance of such inter-connection on one or more of the grounds aforesaid, and the Commission may, after such hearing as it thinks fit, report to the Central Government its opinion thereon and shall, where it is of opinion that the.....

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Motor Vehicles Act, 1988 Section 140

Title: Liability to Pay Compensation in Certain Cases on the Principle of No Fault

State: Central

Year: 1988

.....for such death or permanent disablement. 3[(5) Notwithstanding anything contained in sub-section (2) regarding death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force: Provided that the amount of such compensation to be given under any other law shall be reduced from the amount of compensation payable under this section or under section 163 A.] ______________________ 1 . Substituted by Act 54 of 1994, Section 43, for "twenty-five thousand rupees" ( w.e.f. 14-11-1994). 2 . Substituted by Act 54 of 1994, Section 43, for "twelve thousand rupees" ( w.e.f. 14-11-1994). 3 . Inserted by Act 54 of 1994, Section 43 ( w.e.f. 14-11-1994).

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National Green Tribunal Act, 2010 Section 17

Title: Liability to Pay Relief or Compensation in Certain Cases

State: Central

Year: 2010

(1) Where death of, or injury to, any person (other than a workman) or damage to any property or environment has resulted from an accident or the adverse impact of an activity or operation or process, under any enactment specified in Schedule I, the person responsible shall be liable to pay such relief or compensation for such death, injury or damage, under all or any of the heads specified in Schedule II, as may be determined by the Tribunal. (2) If the death, injury or damage caused by an accident or the adverse impact of an activity or operation or process under any enactment specified in Schedule I cannot be attributed to any single activity or operation or process but is the combined or resultant effect of several such activities, operations and processes, the Tribunal may, apportion the liability for relief or compensation amongst those responsible for such activities, operations and processes on an equitable basis. (3) The Tribunal shall, in case of an accident, apply the principle of no fault.

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Land Acquisition (Mines) Act, 1885 Section 9

Title: Appropriate Government to Pay Compensation for Injury Done to Mines

State: Central

Year: 1885

The appropriate Government shall, from time to time, pay to the owner , lessee or occupier of any such mines extending so as to lie of both sides of the mines the working of which is prevented or restricted, all such additional expenses and losses as may be incurred by him by reason of the severance of the lands laying over those mines or of the cotinuous working of those mines being interrupted as aforsaid or by reason of the sane being worked in such manner and under such restrictions as not to prejudice or injure the surface or works, and for any minerals not acquired by the appropriate Government which cannot be obtained by reason of the action taken under the foregoing sections; and if any dispute or question arises between the appropriate Government and the owner, lessee or occupier as aforesaid, touching the amount of losses or expenses, the same shall be settled as nearly as may be in the manner provided for the settlement of questions touching the amount of compensation payable under the Land Acquisition Act.1870. [See now the Land Acquisition Act, 1894 ( 1 of 1894).]

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National Environment Tribunal Act, 1995 Section 3

Title: Liability to Pay Compensation in Certain Cases on Principle of No Fault

State: Central

Year: 1995

(1) Where death of, or injury to, any person (other than a workman) or damage to any property or environment has resulted from an accident, the owner shall be liable to pay compensation for such death, injury or damage under all or any of the heads specified in the Schedule. (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead and establish that the death injury or damage in respect of which the claim has been made was due to any wrongful act, neglect or default or any person. Explanation.For the purposes of this section (i) "workman" has the meaning assigned to it in the Workmen's Compen­sation Act, 1923; (ii) "injury" includes permanent total or permanent partial disability or sickness resulting out of an accident. (3) If the death, injury or damage caused by an accident cannot be attributed to any individual activity but is the combined or resultant effect of several such activities, operation and processes, the Tribunal may apportion the liability for compensation amongst those responsible for such activities, operations and processes on an equitable basis.

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