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Judgment Search Results Home > Cases Phrase: manipur hill areas district councils act 1971 section 31 committees Page 1 of about 2,381 results (0.347 seconds)

Sep 14 2010 (HC)

Mr. Ramvao Shimray Vs. the State of Manipur.

Court : Guwahati

..... while the matter rested at that, the government of manipur without pursuing the issue bearing on the extension of the vith schedule of the constitution of india to the hill areas of the state initiated steps for amendment of manipur hill areas (district councils) act, 1971, which, in fact materialize with the enactment of the manipur (hill areas) district councils (third amendment) act, 2008. ..... the said authority subsequent thereto, published the manipur (hill areas) district councils (election of members) rules 2009, by a notification dated 11. 01. ..... 2010, publishing the manipur (hill areas) district councils (election of members) rules, 2009, (for short hereafter referred to as the rules). ..... according to the petitioners in the said meeting, the hill area committee also resolved to request the government of manipur to conduct election of the district autonomous councils in the hill areas of the state as early as possible with such extension of the vith schedule of the constitution of india as proposed. ..... koteshwar, not only the issue involved is exclusively in the realm of executive policy and the dominion of parliamentary privilege, the petitioners having miserably failed to demonstrate the existence of any legal or fundamental rights of any section of the citizens or the hill tribes of the state and/or infringement thereof, the instant proceeding is apparently misconceived is liable to be dismissed in limine. .....

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Jan 29 2004 (HC)

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD1; 2004(1)ALT659

..... (2) nothing in this part shall apply to--(a) the states of nagaland, meghalaya and mizoram;(b) the hill area in the state of manipur for which district councils exist under any law for the time being in force. ..... .section 35 enables delegation of the functions of the executive authority, enacting that the exercise and discharge of any functions so delegated shall be subject to such restrictions and conditions ..... relating to panchayat administration, general administrative functions, help to concerned departments, police functions, community welfare and development, maintenance of various records and co-ordinating functions.section 33 provides emergency powers to the sarpanch, in consultation with the executive authority to direct the execution of any work or doing of any act that requires the sanction of the gram panchayat or any of its committees the execution whereof is in his opinion necessary for the service or safety of the general public .....

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Mar 23 1995 (HC)

Arka Vasanth Rao and Others Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Reported in : AIR1995AP274; 1995(1)ALT600

..... in this part shall apply to- a) the states of nagaland, meghalaya and mizoram; b) the hill area in the state of manipur for which district councils exist under any law for the time being in force. ..... munshi said : '.....an act of the parliament or an act of the state legislature would straightway apply to the scheduled area, but if the governor thinks that in the interests of the tribals, certain sections of such an act should not apply, he should be free to ..... urged, lastly, by the learned advocate-general that even the committee of members of parliament headed by sri dilip singh bhuria has recommended that the pattern contained in the constitution (73rd amendment) act should be adopted for districts and scheduled areas and, therefore, the 1994 state act must be allowed to operate in the scheduled areas. ..... there was a risk of their agricultural land passing to the more civilized section of the population, and the occupation of the tribals was for the most part agricultural; and, secondly they were likely to get into the 'wiles of the ..... the constitution incorporates special provisions for protection of weaker sections inhabiting the schedule areas and that being a special law, will have over-riding effect vis-a-vis the general law relating to panchayats contained in part-ix of the constitution inserted by the constitution (73rd amendment) act. ..... of their primitive ways of living and social structure, the other sections of the society exploited them in the pursuit of wealth and power .....

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Jan 04 2005 (HC)

Richhpal Singh and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2005(1)Raj682; 2005(1)WLC548

..... (2) nothing in this part 'shall apply to-(a) the states a nagaland, meghalaya and mizoram;(b) the hill areas in the state of manipur for which district councils exist under any law for the time being in force. ..... the power of selection vested with the district establishment committee by amending sections 86 & 88 of the act of 1959 with effect from 1.4.1987. ..... it further appears that prior to the amendment, there were two different modes of selection viz; in panchayati raj institutions, the selections were to be made by the district establishment committee whereas under the rules of 1971, a different selection board is constituted i.e. ..... as regards the fourth contention, it is stated that the posts of teacher gr.iii in the education department are governed by the rules of 1971 and 75% of vacancies determined by the department are required to be filled-in by transfer of teachers working in panchayat samities and 25% are required to face selection at the district level committee. ..... it is not in dispute that the selection under the rajasthan panchayati raj act are governed by the provisions contained under the rajasthan panchayati raj act and the rules, whereas the selection under the rules of 1971 are governed by different law viz; rajasthan educational subordinate service rules. .....

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Dec 22 1995 (HC)

Basudeo Besra Vs. Union of India (Uoi) and ors.

Court : Patna

..... (2) nothing in this part shall apply to:(a) the states of nagaland, meghalaya and mizoram;(b) the hill area in the state of manipur for which district council exist under any law for the time being in force. ..... it is held that the bihar panchayat raj act, 1993 shall not apply to the scheduled areas, namely, (1) ranchi district, (2) singhbhum district, (3) latehar sub-division and bhanadarea block of garhwa sub-division in palamau district, (4) dumka, pakur, rajmahal and jamtara sub-division and sundar pahadi and boraijore blocks of godda sub-division and (5) santhal parganas district and we restrain the respondents from holding the election for panchayats in these scheduled areas. ..... (f) effective control of the zila parishad, panchayat samiti and gram panchayat over the state government employees working at the district block and lower levels of offices.provisions to this effect have been made in this act and the aim of the bill is to get the same enacted. 5. ..... -- (1) notwithstanding anything in this constitution, the governor may by public notification direct that any particular act of parliament or of the legislature of the state shall not apply to scheduled area or any part thereof in the state or shall apply to a scheduled area or any part thereof in the state subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect. 4. .....

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Jul 02 2012 (SC)

Village Panchayat, Calangute Vs. the Additional Director of Panchayat- ...

Court : Supreme Court of India

..... article 243-m declares that provisions of part ix shall notapply to the scheduled areas referred to in clause (1) and the tribal areas referred to in clause (2) of article 244, the states of nagaland, meghalaya and mizoram, hill areas in the state of manipur for which district councils exist as also the hill areas of darjeeling. ..... -(1) the sarpanch of the panchayat shall, in addition to the power exercisable under any other provision of this act or rules made there under,-(j) stop any unauthorized construction erected in the panchayat area notwithstanding anything contained in sub-section (3) of section 66 of this act and place the matter immediately before the ensuing meeting of the panchayat for taking suitable decision; (k) remove encroachment and obstruction upon public property, street, drains and open sites not being private ..... his conduct, the acquiescence on the part of the other members of the committee, and the treatment meted out to him by the authorities concerned support the inference that he was authorized to act on behalf of the committee.the appellant was, therefore, a representative of the committee which was in law the trustees of the amounts collected by it from the villagers for a public purpose. ..... the appellant represented the village in all its dealings with the block development committee and the panchayat samithi in the matter of the location of the primary health center at dharmajigudem. .....

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Nov 08 2000 (HC)

Ram Sing Ronghang Vs. Karbi Anglong Autonomous Council and ors.

Court : Guwahati

..... 8.6.1998 and 31.7.1998 of the deputy secretary i/c of the council to the commissioner & secretary to the government of assam, hill areas department for appointing the petitioner, sri jeevan pathak as a member of the executive committee of the council, the governor of assam has to appoint sri jeevan pathak as a member of the executive committee of the council and, accordingly, appropriate direction or writ should be issued by this court. 7. ..... petitioner, sri ram sing ronghang, was appointed as a member of the executive committee of the council by the governor by notification dated 18.7.1996 in exercise of his power under rule 20(1) of the assam autonomous districts (constitution of district councils) rules, 1951, (hereinafter referred to as 'the 1951 rules') and, therefore, it is only the governor of assam who can dismiss or remove him from the post of member of the executive committee of the council, but the governor has not passed any order for removal ..... hence, normally and by virtue of what has been provided in section 16 of the general clauses act, 1897, a member of the executive committee of the council could be removed or dismissed by the governor. .....

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Aug 14 1986 (SC)

District Council of the Jowai Autonomous Distt., Jowai and ors. Vs. Dw ...

Court : Supreme Court of India

Reported in : AIR1986SC1930; [1987]169ITR468(SC); 1986(2)SCALE240; (1986)4SCC38; [1986]3SCR569

..... 20, 1968 the secretary of the executive committee of the district council issued a notification levying royalty in exercise of its power under the united khasi and jaintia hills autonomous districts (management and control of forests) act, 1958 (act 1 of 1959) (hereinafter referred to as 'the act') on red pine, white pine and log pine timber grown in the private forests situated within the jurisdiction of the district council at the rates specified therein. ..... subsequently, on april 20, 1968 the executive committee of the district council issued the impugned notification which is set out above in exercise of its powers conferred by section 8 of the act, fixing the rates of royalty chargeable on the different types of timber mentioned therein at the rates specified ..... the learned counsel for the parties, the high court found that the forests in question were private forests and further held that the district council had no constitutional authority to impose either royalty or tax or fee on private forests and that the notification dated 20th april, 1968 issued under section 8 of the act was ultra vires and not sanctioned by the sixth schedule of the constitution. ..... the northeastern areas (reorganisation) act, 1971 the new state of meghalaya was created comprising the territories of the autonomous state of meghalaya and the cantonment and municipality areas of shillong ..... 1968 and 483 of 1968 respectively on the file of the high court of assam, nagaland, meghalaya, manipur & tripura. .....

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Aug 14 1986 (SC)

District Council of the Jowai Autonomous Distt. and Others Vs. Dwet Si ...

Court : Supreme Court of India

Reported in : [1988]169ITR468(SC)

..... 1968, the secretary of the executive committee of the district council issued a notification levying royalty in exercise of its power under the united khasi and jaintia hills autonomous district (management and control of forests) act, 1958 (act 1 of 1959) (hereinafter referred to as 'the act'), on red pine, white pine and log pine timber grown in the private forests situated within the jurisdiction of the district council at the rates specified therein. ..... subsequently, on april 20, 1968, the executive committee of the district council issued the impugned notification which is set out above in exercise of its powers conferred by section 8 of the act fixing the rates of royalty chargeable on the different types of timber mentioned therein at the rates specified in it.in these appeals, we are concerned with the constitutional validity ..... the act was enacted for the purpose of making provisions regarding the management and control of forests (which are not reserved forests) in the area within the jurisdiction of the district council in exercise of the powers conferred by paragraph 3(1) (b) of the sixth schedule to the constitution.section 3 of the act refers to six different ..... north-eastern areas (reorganisation) act, 1971, the new state of meghalaya was created comprising of the territories of the autonomous state of meghalaya and the cantonment and municipality areas of shillong ..... 483 of 1968, respectively, on the file of the high court of assam, nagaland, meghalaya, manipur & tripura. .....

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Mar 25 2004 (HC)

Shridhar Chandra Mal Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : 2004(2)BLJR1022

..... the sauria paharias are mainly found in the rajmahal bills and in the hilly areas of godda and pakur subdivisions whereas mal paharias are mostly found in the south of the rajmahal hills and also in the hilly and wooded country in the south and west of the district. ..... admittedly in the constitution 'scheduled tribes order 1950 read with scheduled caste and scheduled tribes orders (amendment act of 1976) the caste 'mal' has not been included in the scheduled under the list of scheduled tribes. ..... petitioner's case is that he is the permanent resident of village masalia in the district of dumka and is by caste 'mal' within paharia tribe. ..... in the case of action committee on the issue of caste certificate to scheduled caste and scheduled tribe in th state of maharastra v. ..... the selection committee, having found the petitioner fit to be appointed, recommended his name. ..... in the gazetteers it is further mentioned that mal paharias are more hinduised section of the tribes. ..... in the bihar district gazetteers of santhal parganas compiled by mr. p.c. ..... accordingly, he was qualified for the post of panchayat sevak and appeared before the selection committee. ..... the district panchayat raj officer, dumka, collectorate, vide memo no. ..... of the petitioner was recorded as 'mal' and not 'mal paharia' and, therefore, the petitioner cannot be treated as 'mal paharia' unless otherwise caste 'mal' is declared as 'mal paharia' or included in the schedule of scheduled tribes by the act of the parliament.11. .....

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