Court : Guwahati
..... the exclusion of all the areas specified in the notification was that the population of those areas was found to have advanced to such an extent that they could be regarded as on a level with the rest of the population of the districts of nowgong and sibsagar.the scheduled areas (assimilation at laws) act, 1953 has already provided for the application of the laws which are in force in the districts of nowgong and sibsagar to areas specified in the schedule (areas excluded from the mikir hills. ..... have in any case no basis for holding that exclusion of the areas in question was based on any express finding that the entire population of the areas had reached a stage of development not different from that of the rest of the population in the two districts of nowgong and sibsagar and that immediate assimilation of the ordinary laws has become imperative.in fact the provisions in the scheduled areas (assimilation of laws) act, 1953, have to take effect from the appointed day which has to be ..... that the rules for the administration of justice and police which applied to mikir hills before the formation of the autonomous district would continue to apply notwithstanding the coming into force of the scheduled areas (assimilation of laws) act, 1953, to suits, cases and legal proceedings between parties all of whom belong to the scheduled tribes specified in item 2 of part i - assam, of the schedule annexed to the constitution (scheduled tribes) order and any other tribes that may be specified. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal497,76CWN308
..... of section 3 of this assimilation of laws act read with schedule 2 thereof the provisions of the bihar land reforms act. ..... 1958 an act passed by the west bengal legislature came into effect which is called the west bengal transferred territories (assimilation of laws act). ..... referred to as the assimilation of laws act). ..... firstly in my view this provision takes effect only in respect of estates or interests which had earlier vested under appropriate notification under section 3-a of the bihar land reforms act, 1950 prior to the extension of the west bengal act and there is no evidence in the present case that any of the estates of any of the present petitioners had so vested so that it may call for application of ..... in the meantime by west bengal act 40 of 1963 the west bengal estates acquisition act, 1953 was amended bv incorporating therein a new chapter being chapter 8 consisting of two sections being sections ..... of west bengal issued a notification under section 60 of the west bengal estates acquisition act appointing 1st of march, 1964 to be the date on which the drovi-sions of chapter 8 of the act shall come into force in all the areas of the territories transferred from bihar to the state of west bengal. ..... (1) in enacting chapter 8 of the west bengal estates acquisition act, 1953 and in applying sections 60 and 61 to the transferred territories there has been no honest application of mind by the legis-lature and as such those two sections can ..... estates acquisition act, 1953.3. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal171,76CWN930
..... on september 24, 1958, an act passed by the west 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 force for the transferred territories including the transferred ..... as follows: --'for that your petitioner not being an intermediary or a raiyat with respect to the kashipur hat and with respect to the land in question, the west bengal estates acquisition act, 1953, cannot be made applicable to such lands under the purported notification dated the 17th february, 1964 which is made annexure 'a' to the main petition. ..... it is to be remembered that in the delhi laws act's case the central legislature had empowered an executive authority under its legislative control to apply, at its discretion, laws to an area which was also under the legislative control of the ..... the arguments before the trial judge were as follows:--'(1) in enacting chapter viii of the west bengal estates acquisition act, 1953 and in applying sections 60 and 61 to the transferred territories there has been no honest application of mind by the legislature and as such those two sections can ..... west bengal estates acquisition act, 1953, extends to the whole of west bengal except certain specified areas under section 1(2) of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All234
..... conclusions in these words : 'having regard to the important functions which the legislatures have to perform in democratic countries, it has always been recognised to be a matter of first importance that elections should be concluded as early as possible according to the schedule and all controversial matters and all disputes, arising out of elections should be postponed till after the elections are over, so that the election proceedings should not be unduly retarded or protracted.in conformity with this ..... country as well as in england is that no significance should be attached to anything which does not affect the 'election'; and if any irregularities are committed while it is in progress and they belong to the category or class which, under the law by which elections are governed, would have the effect of vitiating the 'election' and enable the person affected to call it in question, they should be brought up before a special tribunal by means of an election petition and not be made ..... indeed the intention of the legislature to be derived from the provisions of the town areas act appears to be to assimilate the procedure in the case of a town area election as far as possible to that of a parliamentary election. ..... act v of 1953) provides that'no election shall be called in question except by an election petition presented in accordance with the provisions of this act', and by an order, called the u. p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... 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. ..... from the provisions of article 243m quoted above what is noticeable is that under sub-clause (b) of clause (4) thereunder parliament has been empowered to make a law to extend the provisions of part-ix of the constitution to the scheduled areas and tribal areas referred to in article 244 read with 5th schedule of the constitution 'subject to such exceptions and modifications' as may be specified in such a law and such law need not be passed by the same procedure as amendment of the constitution. ..... by notification dated 24-3-99, governor in exercise of powers under para 5 (i) of the 5th schedule has while making applicable the provisions of section 129-e of the act providing reservation of seats in favour of scheduled tribes to the extent as mentioned above, has added a proviso thereunder being the exception on modification to the state law. ..... the following observations of the supreme court have to be read in that light on which heavy reliance was placed on behalf of the petitioner :'in so far as social legislation, like the rent control act is concerned, the law must strike a balance between rival interest and it should try to be just to all. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... tribes advisory council to advise on such matters pertaining to the welfare and advancement of the scheduled tribes as may be referred to them by the governor, the fifth schedule, in para 5 thereof, proceeds to speak about the applicability of laws to the scheduled areas by saying that the governor may, by notification, direct that an act of parliament or legislature of the state shall not apply to the scheduled area or that it shall apply with such exceptions and modifications as may be specified in the notification ..... 1948, clause (6) as originally proposed reads as under : "(i) alienation of allotment of land to non-tribals in scheduled areas, it shall not be lawful for a member of scheduled tribes to transfer any land in person who is not a member of the scheduled tribes; (ii) no land in scheduled area vested in the state within such area shall be allotted to person who is not a member of the scheduled tribes except in accordance with the rules made in that behalf by the governor in consultation with the tribal advisory council ..... government's endeavor to remove economic inequalities, to provide decent standard of living to the poor and to protect the interest of the weaker sections of the society so as to assimilate all the sections of the society in a secular integrated socialist bharat with dignity of person and equality of status to all. 81. ..... was contended that abolition of big landed estates and land reforms act, 1953 and section 11 thereof does not apply to the land held .....
Tag this Judgment!Court : Delhi
..... (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 are few of the endeavours made by the legislature ..... avail the state government for the purpose of according precedence to the law made by the state legislature, namely, the punjab act of 1953, over the law made by the parliament, even within the jurisdiction of the state ..... of any state: provided that no bill for the purpose shall be introduced in either house of parliament except on the recommendation of the president and unless, where the proposal contained in the bill affects the area, boundaries or name of any of the states, the bill has been referred by the president to the legislature of that state for expressing its views thereon within such period as may be specified in the ..... xxx xxx xxx since the law made by the legislature of the state of punjab, namely, section 3 of the punjab act of 1953, is repugnant to the law made by the parliament which the parliament was competent to enact, namely, section 8(2)of the central act of 1950, the law made by the parliament must prevail and the law made by the punjab legislature has to be held to be void to the ..... (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 .....
Tag this Judgment!Court : Delhi
..... (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 are few of the endeavours made by the legislature ..... avail the state government for the purpose of according precedence to the law made by the state legislature, namely, the punjab act of 1953, over the law made by the parliament, even within the jurisdiction of the state ..... of any state: provided that no bill for the purpose shall be introduced in either house of parliament except on the recommendation of the president and unless, where the proposal contained in the bill affects the area, boundaries or name of any of the states, the bill has been referred by the president to the legislature of that state for expressing its views thereon within such period as may be specified in the ..... xxx xxx xxx since the law made by the legislature of the state of punjab, namely, section 3 of the punjab act of 1953, is repugnant to the law made by the parliament which the parliament was competent to enact, namely, section 8(2)of the central act of 1950, the law made by the parliament must prevail and the law made by the punjab legislature has to be held to be void to the ..... (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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(1)SC396; 2010(1)SCALE281
..... . 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 ..... elections to panchayats under the superintendence, direction and control of the chief electoral officer of the state; application of the provisions of the said part to union territories; excluding certain state and areas from the application of the provisions of the said part; continuance of existing laws and panchayats until one year from the commencement of the proposed amendment and barring interference by courts in electoral matters relating to panchayats;(4) the bill seeks to achieve the ..... the following table shows the chronology of the governmental measures which have identified scheduled areas in the territories that lie in the present-day state of jharkhand:1874 scheduled districts act, 1874 declared the santhal parganas and the(act xiv of 1874) passed during chutia nagpur division (now known asthe colonial period `chhotanagpur division') as `scheduleddistricts' in the erstwhile province ofbengal. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC212; 1967CriLJ265; [1966]3SCR830
..... : provided that, where immediately before the first day of april, 1937, any enactment is, by virtue of any notification made under this act, in force in any area in british india, either with or without restrictions or modifications, the central government, in relation to matters enumerated in list i of the seventh schedule to the government of india act, 1935, and the provincial government, in relation to other matters, may, within six months from the said date, by notification in the official gazette, declare ..... time to time :- (a) appoint officers to administer civil and criminal justice and to superintend the settlement and collection of the public revenue, and all matters relating to rent, and otherwise to conduct the administration, within the scheduled districts, (b) regulate the procedure of the officers so appointed; but not so as to restrict the operation of any enactment for the time being in force in any of the said districts, (c) direct by what authority and jurisdiction, powers or duties ..... before the 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. ..... as difficulties arose in determining what laws were in force and in which areas of the backward tracts, the scheduled districts act, 1874 was passed. .....
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