Judgment Search Results Home > Cases Phrase: chandigarh delegation of powers act 1987 Page 1 of about 236 results (0.085 seconds)

Punjab Financial Corporation Vs. the Union Territory and ors.

Court : Punjab and Haryana

Reported in : (1990)98PLR327

..... 2 of 1988 the chandigarh (delegation of powers) act, 1987, wherein it is laid down that any, power, authority or jurisdiction or any duty which the administrator may exercise or discharge under any law in force in the union territory of chandigarh may be exercised or discharged also by such officer or other authority as may be specified in this behalf by the central government or the administrator by notification in the official gazette ..... it reads thus :--'notwithstanding any judgment, decree or order of any court or tribunal or other authority to the contrary, whereby any power, authority or jurisdiction or any duty which the administrator may exercise or discharge under any law in force in the union territory of chandigarh had been exercised or discharged by any officer or other authority before the commencement of this act, such power, authority, jurisdiction or duty shall be deemed to have been validity and effectively exercised or discharged by such officer or other ..... authority as if the provisions of sub section (1) of section 3 were in force at all material times when such power, authority or jurisdiction was exercised or such duty was discharged and that .....

Surinder Singh Brar and ors. Vs. Union of India and ors.

Court : Supreme Court of India

..... pointed out that general delegation of power by the president to the administrator vide notification dated 1.11.1966 issued under article 239(1) of the constitution stood superseded by notifications dated 8.10.1968, 1.1.1970 and 14.8.1989 insofar as the exercise of power under the act is concerned and the adviser, to whom the powers were delegated by the administrator under section 3 of the chandigarh (delegation of powers) act, 1987 (for short, the 1987 act), was not entitled to exercise the power vested in the appropriate ..... powers conferred by sub-section (1) of section 3 of the chandigarh (delegation of powers) act, 1987 ..... rajeev dhawan, learned senior counsel appearing for the union territory of chandigarh relied upon notification dated 1.11.1966 by which the president conferred the powers and functions of the state government upon the administrator and notification dated 25.2.1988 issued under section 3(1) of the 1987 act vide which the administrator delegated the powers vested in him under various state laws to the adviser and argued that the impugned acquisition cannot be ..... may now advert to notification dated 25.2.1988 issued under section 3(1) of the 1987 act, vide which the administrator directed that any power, authority or jurisdiction or any duty which he could exercise or discharge by or under the provisions of any law, rules or regulations as applicable to the union territory of chandigarh shall be exercised or discharged by the adviser except in cases or class of .....

Gurbinder Kaur Brar and anr Vs. Uoi and ors

Court : Supreme Court of India

..... referred to article 239 of the constitution (unamended and amended), notifications dated 8.10.1968, 1.1.1970 and 14.8.1989 issued under clause (1) of that article, notification dated 25.2.1988 issued by the administrator, union territory of chandigarh under section 3(1) of the chandigarh (delegation of powers) act, 1987 (for short, the 1987 act ) and observed: the unamended article 239 envisaged administration of the states specified in part c of the first schedule of the constitution by the president through a chief commissioner or a lieutenant governot to be appointed by him ..... not advert to the notification dated 25-2-1988 (set out in para 47) issued under section 3(1) of the 1987 act, vide which the administrator directed that any power, authority or jurisdiction or any duty which he could exercise or discharge by or under the provisions of any law, rules or regulations as applicable to the union territory of chandigarh shall be exercised or discharged by the adviser except in cases or class of cases enumerated in the schedule. ..... there is nothing in the language of section 3(1) of the 1987 act from which it can be inferred that the administrator can delegate the power exercisable by the appropriate government under the act which was specifically entrusted to him by the president under article 239(1) of ..... other notifications, the power exercisable by the appropriate government under the act and the land acquisition (companies) rules, 1963 were delegated to the administrator. .....

Gurdial Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1990P& H317; (1990)97PLR675

..... the managing committee of the chandigarh state cooperative bank, chandigarh wasremoved on december 29, 1981 and an administrator was kept appointed from time to time till august 4, 1987 and thereafter the registrar delegated his powers to the land acquisition officer-cum-deputy registrar co-operative societies, chandigarh to be a supervisor in his place for ..... supported by the chandigarh administration on the ground that although under the act an administrator of a committee could only be appointed for a maximum period of 5 years but the registrar could act as a supervisor or delegate supervisory power. ..... the period for which an administrator could be appointed could not exceed one year and six months as postulated in proviso to sub-section (1 -d) of section 26 of the act, on july 31, 1985 a communication was addressed by registrar, co-operative societies signed on his behalf by deputy registrar, co-operative societies (establishment) to the managing director 'sugarfed' directing that the matters ..... extra-ordinary situation prevailing in the state of punjab, the act could have been suitably amended to meet the prevailing situation. ..... act that he can exercise supervisory powers with regard to all the co-operative societies registered under the act ..... another proviso has been added to subsection (2) of section 26 of the act that no person shall be appointed as a managing director unless he is a member of indian administrative service, punjab civil service (executive branch) or a deputy .....

Brij Kishore Arora Vs. the Administrator, U.T. Chandigarh and ors.

Court : Punjab and Haryana

Reported in : (1993)105PLR340

..... chandigarh, was removed on 29.12.1981 and an administrator was kept appointed from time to time till 4.8.1987 and since then the registrar has delegated his powers ..... it could not be made applicable to the case of an arbitrator whose appointment had gone beyond a period of five years prescribed under the act as after the expiry of the said period, such officer would become functus-officio and could not, as such, pass any order in connection with the affairs of a society.7. ..... respondents, it has been admitted that an administrator could not continue in office beyond a period of five years in view of the provisions of section 27 of the act, but it has been asserted that a supervisor was not an administrator and the sanction for the appointment of a supervisor was envisaged by the judgment of this court ..... singh's case (supra), the court while dealing with a similar situation held that it was not open to the registrar or any other functionary under the act to extend the period fixed thereunder and it was in the light of this mandate that a duty had been affixed on the administrator to ensure that ..... if, in the opinion of the registrar, the committee of any co-operative society persistently makes default or is negligent in the performance of the duties imposed on it by this act or the rules or the bye-laws or commits any act which is prejudicial to the interest of the society or its members, the registrar may, after giving the committee an opportunity to state its objections, if any, by order .....

M/S Bharat Starch Industries Limited Vs. State of Haryana and Others

Court : Punjab and Haryana

..... rule 30(5) amended in exercise of power of delegated legislation cannot be assigned retrospective operation as no such intent is discernible from the notification and even otherwise the act does not permit a delegatee to notify a rule retrospectively. ..... :- in the high court for the states of punjab and haryana at chandigarh 1 cwp no.2844 of 1995 m/s bharat starch industries limited ..petitioner v. ..... as regards the petitioner's submission that as section 2 (nn) of the act making the petitioner liable to pay market fee, was amended on 29.4.1988, the respondents cannot claim market fee from 1.4.1987, has to be accepted. ..... the demand raised in the impugned notice, for the period 1.4.1987 to 28.4.1988 is, therefore, null and void. ..... by the state of haryana in section 2 (nn) of the act, vide notification dated 29.4.1988, the respondents cannot demand market fee from 1.4.1987 to 29.4.1988. ..... however, to a specific query as to how demand has been raised from 1.4.1987, when section 2(nn) was amended to provide for payment of market fee with effect from 29.4.1988, counsel for respondents no.2 and 3 is unable to advance any worthwhile argument, in support of the show cause notice demanding market fee from 1.4.1987. ..... writ petition, vis-a- vis the obligation of the petitioner to pay market fee from 29.4.1988 to 30.5.1993, the writ petition is allowed in part by quashing the show cause notice (annexure p-1) with respect to demand raised from 1.4.1987 to 28.4.1988. .....

Raj Kumar Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : JT2004(5)SC380; (2004)138PLR16; 2004(4)SCALE271; (2004)10SCC551

..... the powers of the central government have been delegated to the financial commissioner, haryana at chandigarh. ..... this claim was rejected by the settlement officer as well as the deputy chief settlement commissioner exercising the powers of the chief settlement commissioner in view of the earlier order passed by the chief settlement commissioner. ..... these applications were rejected by the deputy chief settlement commissioner exercising the power of the chief settlement commissioner vide order dated 24.3.1977 on the ground that their claim applications could not be considered as they stood rejected earlier upto the chief settlement commissioner. ..... order passed by the deputy settlement commissioner date 24.3.1977 stood superseded by the later order of the financial commissioner passed in exercise of its power under section 33 of the act.8. ..... 33 (67) 77 filed by the appellant was disposed of in terms of the compromise dated 24.1.1987 on 19.5.1987 and the revision petition no. ..... 13, mohalla kasabad, hisar, haryana which is an evacuee property under the displaced persons (compensation & rehabilitation) act, 1954 (for short 'the act'). ..... on 14.9.1987 tehsildar, sales, hisar, haryana auctioned the property in dispute. ..... 3 was dismissed as not pressed on 24.11.1987. ..... 33 (16) 87 before the central government under section 33 of the act. .....

Jagriti Vs. the State and Others

Court : Andhra Pradesh

Reported in : AIR1994AP225; 1994(1)ALT376

..... we are of the opinion that conferment of powers on the state government to notify commencement of the provisions of the excise act or the proviso to section 2 of the prohibition act enabling withdrawal of the provisions of the prohibition act from such regions in which the prohibition act has been brought into force does not amount to abdication of powers by the legislature or delegation of essential legislative powers to the executive government. ..... in delegating such powers, parliament cannot 'abdicate' its legislative functions in favour of such authority'.the supreme court upheld the validity of section 87 of the punjab reorganisation act, which empowered the central government to extend the union territory of chandigarh any law in force in any part of india.10 17. ..... aspect, we are of the view that the history of the legislation, the legislative practices in the country and the facts and circumstances justifying the enactment are relevant in considering whether the conferment of power on the executive government to notify the commencement of the act or enabling the state government, in effect to withdraw the provisions of the act from some portions may in effect be delegation of essential legislative power incidentally resulting in abdication of such powers by the legislature and its effacement. .....

Shri Shaba Laxman Pilankar, Omkar Traders, Vs. State, Through Casmiro ...

Court : Mumbai

Reported in : 2007CriLJ2577

..... supra), held that the chief medical officer, chandigarh, in terms of notification dated 29.04.1967, issued by the chandigarh administration, in exercise of the powers conferred by sub-section (1) of section 20 of the act, was a person authorized to institute a complaint and therefore he could give his consent as well for launching of prosecution and in doing so, he was neither delegating his power nor acting contrary to section 20. ..... learned counsel submits that the director could not have further delegated the power given to him by the state government to the food inspector and, therefore, the complaint filed by food inspector shri d' silva, is illegal and without jurisdiction and in violation of section 20 of the act, and therefore, no conviction could be based on such ..... with the procedure to be followed by local (health) authority, after the receipt of the report from the public analyst, and, subsection (2) of section 13 of the act provides that on receipt of the report of the result of the analysis under sub-section (1) to the effect that the article of food is adulterated, the local (health) authority shall, after the institution of prosecution ..... next, learned counsel submits that the case of the accused was tried as a summons case but in terms of section 16a of the act, the accused were required to be tried in a summary way and since the accused was not tried summarily, the entire trial is without jurisdiction and, therefore, the conviction itself deserves to be quashed and .....

The Chief Commissioner, Union Territory and ors. Vs. Sushil Flour, Dal ...

Court : Punjab and Haryana

Reported in : [1983]52STC72(P& H)

..... at the very threshold, it calls for pointed notice that the two conceptual theories which vie for acceptance herein, are the well-known concept of the delegation of powers as against the somewhat subtle yet distinct domain where the president alone acts through a medium for the exercise of the constitutional functions vested in him. ..... 3269 dated the 1st november, 1966, the president hereby directs that, subject to his control and until further orders, the powers and functions of the central government exercisable and dischargeable under laws other than central act shall, in relation to the union territory of chandigarh, be also exercised and discharged by the administrator of that union territory. ..... on 18th april, 1968 (vide notification of even date), the administrator of the union territory of chandigarh (designated as the chief commissioner), in exercise of the powers conferred under section 5 of the act, enhanced the rate of tax leviable from 2 to 3 per cent. ..... it deserves recalling that the learned single judge had expressly noticed the reliance of the chandigarh administration on the aforesaid provisions (in his order on the review application) but did not choose to give any categoric finding on the applicability thereof one way or the other. .....