Court : Guwahati
..... held by the supreme court in - 'kedarnath bajoria v. state of west bengal', (h). here, there admittedly was need for classification. there are indications in scheduled areas (assimilation of laws) act, 1953 which point to the continuance of the need for a certain period. for all practical purposes the period between the date of the exclusion ..... district may not be regarded as a thoughtless or inadvertent omission in the circumstances of this case when seen in the light of the provisions of the scheduled areas (assimilation of laws) act, 1953. it was a deliberate act and it had ample justification. the basis for discrimination existed and the mere fact of the ..... of the area from the autonomous mikir hills district and the date on which the scheduled areas (assimilation of laws) act will come into force is the period of transition. the need for a transitional interval was obviously .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(1)SC396; 2010(1)SCALE281
..... more oppressed- backwards and the forwards. the peculiar situation of the inhabitants of the scheduled areas whose conditions have to be improved to educate them in the local government, a step towards an effort to achieve their assimilation in the normal stream of democratic life at par with the advanced and the forward ..... sections of the society justifies such classification. in the scheduled areas in reality if an aboriginal has to contest an election against a member ..... jharkhand.2003 subsequent to the formation of under the 2003 order, the following areasthe states of jharkhand and in the state of jharkhand have beenchhattisgarh, the scheduled declared as scheduled areas:areas (states of chhattisgarh, 1. burhmu, mandar, chanho, bero,jharkhand and madhya pradesh) lapung, namkom, kanke,order, 2003 was passed to ormanjhi, angara .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... districts have been constituted and several scheduled areas no longer form part of said districts. after lapse of 22 years the areas which were scheduled areas do not justify to be classified as such because of the migration of tribal population from those areas and assimilation of other population in those areas. it is submitted that even after ..... 22 years no sociological survey has been made to find out the existing social conditions to continue treating such area's as scheduled areas for extending them special treatment and protection in ..... more oppressed-backwards and the forwards. the peculiar situation of the inhabitants of the scheduled areas whose conditions have to be improved to educate them in the local government, a step towards an effort to achieve their assimilation in the normal stream of democratic life at par with the advanced and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... the president may at any time by order (a)direct that the whole or any specified part of a scheduled area shall cease to be a scheduled area or a part of such an area; (a) increase the area of any scheduled area in a state, after consultation with the governor of that state;(b) alter, but only by way of ..... empowers the state to acquire, hold and dispose of their property. the governor in his personal responsibility is empowered to maintain peace and good government in scheduled area. the fifth schedule to the constitution empowers him to regulate allotment of the land by para 5(2)(b) read with section 3 of the regulation of the land ..... of dedication and direction to ameliorate the economic status of the tribes to assimilate them into national mainstream. 48. in telangana area of the state of andhra pradesh, prior to the regulation and pursuant to part b state regulation in fifth schedule, the ap tribal area regulation, iii of 1359f promulgated by raj pramukh of hyderabad was in .....
Tag this Judgment!Court : Delhi
..... order to uplift and assimilate the marginalized into the main stream. the bonded labour (abolition) act, 1976, the child w.p.(c)no.4770/2012 page 336 of 531 labour (prohibition and regulation) act, 1986, employment of manual scavengers and constructions of dry latrines (prohibition) act, 1993, provision of panchayat (extension to scheduled areas) act, 1996 ..... be kept in mind. we have to concede to the executive the requisite expertise w.p.(c)no.4770/2012 page 292 of 531 to collate and assimilate the relevant information as well as the prevalent circumstances and to analyse the information and thereafter to present the information and the analysis to the legislature. however ..... india shall comprise(a) the territories of the states; (b) the union territories specified in the first schedule; and (c) such other territories as may be acquired; xxx 3. formation of new states and alteration of areas, boundaries or names of existing states.parliament may by law(a) form a new state by separation of .....
Tag this Judgment!Court : Delhi
..... order to uplift and assimilate the marginalized into the main stream. the bonded labour (abolition) act, 1976, the child w.p.(c)no.4770/2012 page 336 of 531 labour (prohibition and regulation) act, 1986, employment of manual scavengers and constructions of dry latrines (prohibition) act, 1993, provision of panchayat (extension to scheduled areas) act, 1996 ..... be kept in mind. we have to concede to the executive the requisite expertise w.p.(c)no.4770/2012 page 292 of 531 to collate and assimilate the relevant information as well as the prevalent circumstances and to analyse the information and thereafter to present the information and the analysis to the legislature. however ..... india shall comprise(a) the territories of the states; (b) the union territories specified in the first schedule; and (c) such other territories as may be acquired; xxx 3. formation of new states and alteration of areas, boundaries or names of existing states.parliament may by law(a) form a new state by separation of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC212; 1967CriLJ265; [1966]3SCR830
..... which are the kohima district, the mokokchung district and the tuensang district. the state of nagaland act also deleted all references to the naga hills-tuensang area from the sixth schedule. the administration of the state of nagaland was to be in accordance with the provisions of state of nagaland act. among other things it provided ..... formation of the state of nagaland the laws in the tuensang frontier division and those in force in the rest of the north-east frontier agency were assimilated by the tuensang frontier division (assimilation of laws) regulation, 1955 (no. 4 of 1955). these were made by the governor in exercise of the powers conferred by clause (2) ..... of art. 243 of the constitution read with sub-paragraph (2) of paragraph 18 of the sixth schedule to the constitution by the president of india. by paragraph .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal171,76CWN930
..... bengal legislature came into effect and that act was called the west bengal transferred territories (assimilation of laws) act, 1958 (hereinafter referred to as assimilation of laws act), by provisions of section 3 of the assimilation of laws act read with schedule 2 thereof, the provisions of the bihar land reforms act, 1950, were kept in ..... if any, as might be specified in the notification. by a subsequent notification, the bihar governor directed that the act should apply to the partially excluded area of chotanagpur division. shortly before the expiry of the act, the provincial government on a resolution passed and agreed to by the two houses of legislature, ..... the west bengal legislature decided that the west bengal statute should apply to the transferred territories and it also decided that the date on which, and the areas with regard to which, the west bengal statute would apply to the transferred territories, would be decided by the state government. the provision in section 60 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)53; JT1996(10)SC442; 1996(8)SCALE407; (1997)2SCC523; [1996]Supp7SCR371
..... act. the persons inhabiting in these eight villages alone are the members of scheduled castes, others, though historically lois, were assimilated in the mainstream of the mtiershindu society. therefore, they are not entitled to the benefit of the status of scheduled castes for the purpose of the constitution. but they recommended to the government for ..... order of the government was not sustainable in the light of the presidential order. however, a direction was given that the scheduled caste certificates issued to the inhabitants of kakching area shall be subject to the appropriate legislation that may be passed on the basis of the enquiry report. as against the quashing ..... conditional of the educational attainments and affluent economic standings of the individual spouses from the latter group, and these too mostly when they settle at the urban areas. at the group level, however, they remain still, more or less, victimised under the old social stigma of looking down upon them.56. it is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal497,76CWN308
..... west bengal legislature came into effect which is called the west bengal transferred territories (assimilation of laws act). 1958 (hereinafter referred to as the assimilation of laws act). by the provisions of section 3 of this assimilation of laws act read with schedule 2 thereof the provisions of the bihar land reforms act. 1950 was kept in ..... section 60, the bihar land reforms act shall stand repealed and the provisions of the west bengal estates acquisition act. shall 'mutatis mutandis' apply to the areas to which the said provision is extended. according to mr. dutt by leaving with the ex-ecutive the right to apply the provisions mutatis mutandis, the ..... reforms act, 1950 shall stand repealed and the provisions of the foregoing chapters of the west bengal estates acquisition act shall mutatis mutandis apply to the areas in respect of which notification under section 60 is made. section 61 also provides for certain adaptations and certain legal consequences which are to follow on .....
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