Court : Rajasthan
Reported in : RLW2003(3)Raj1755; 2002(5)WLN269
..... therefore, section 4 making such appointment subject to prior approval by the competent authority does not deviate from the existing rules of ordinarily giving appointment on a vacant post on regular basis but wherever it is required the appointing authority is vested with power to make appointment on ad hoc, urgent temporary basis also ..... . likewise, under section 7a the tribunal is vested with jurisdiction to deal with matters described in schedule iii of the act ..... . power to legislation on residuary subject matter encompassing subjects not specifically covered by any of the three lists vest in parliament by virtue of article 248 ..... apparently, there cannot be an inherent vested right for regular appointment or regularisation at the inception of such irregular appointment and therefore in the ordinary circumstance terminating such ad hoc temporary or casual employment as early as possible or on cession of need for which such appointment have ..... such power to legislate in respect of municipalities or other local authorities registration of societies and about education vest with state legislature. ..... such urgent temporary appointments subject to prior sanction of the competent authority appointed by the state, and subjects creation of new posts subject to competent authority sanctioning the same when under all existing law such power vest in state govt ..... . like power vests in the parliament for making laws for that part of the territory of india which is not part of any state but is a union territory. 96 .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1979Raj164; 1979()WLN127
..... (6) when any local area is excluded from a municipality and included in another municipality such portion of the municipal fund and other property vested in the board of the first mentioned municipality shall vest in, and such portion of the liabilities thereof shall be the liabilities of, the board of the other municipality as the state government may, after consulting the boards of both municipalities, declare by notification in the official gazette; provided ..... anything contained in sub-section (4) when any local area ceases to be a municipality and is included within the local limits of the jurisdiction of some other local authority, the municipal fund and other property and rights vesting in the board shall vest in such other local authority and the liabilities of the board shall be the liabilities of such other local authority. ..... (4) when any local area ceases to be a municipality, the board established therein shall cease to exist and the balance of the municipal fund and other property and rights vesting in such board shall, subject to all charges and liabilities affecting the same, vest in the state govt. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1984WLN165
..... such within the meaning of this act, and shall be deemed to have vested in the custodian appointed or deemed to have been appointed for the state under this act, and shall continue to vast:provided that where at the commencement of this act there is pending before ..... the powers of custodian in any state shall notwithstanding any defect in, or the invalidity of such law or any judgment, decree or order of any court, be deemed for all purposes to have validly vested in that person, as if the provisions of such law had been enacted by parliament and such property shall on the commencement of this act, be deemed to have been evacuee property declared as such ..... and (2-a) of section 8 of the central act, which are relevant for our present purpose, read as under :(2) where immediately before the commencement of this act, any property in a state had vested as evacuee property in any person exercising the powers of custodian under any law repealed hereby, the property shall, on the commencement of this act, be deemed to be evacuee property declared as ..... court observed in the aforesaid case that the result of repeal and re-enacment of the law on the subject was that the property which had once vested in the custodian continued to vest in him, notwithstanding the repeal of the ordinance by the central act and there was no need to take any further action in this respect under .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj2366; 2004(5)WLC181
..... the salient features of these new provisions are that in place of state election commission, the authority to conduct election of the committee and its chairman was vested in an officer of state to be constituted as the state cooperative election authority (for short election authority) whose appointment is to be made by the state govt. ..... since in terms of section 24 read with rule 27, constitution of management committee by election is a statutory necessity, it is an essential feature of the scheme of the act of 2001 that notwithstanding general power of governance vest in general body, such power is subject to requirement of management of cooperative society through a duly elected committee. ..... thus, notwithstanding general control vesting in general body of members, management of society vests in a management committee under section 27 as a statutory mandate. ..... rajasthan cooperative societies act, 2001, which took place of the rajasthan cooperative societies act, 1965 by repealing it, provides that final authority in a cooperative society shall, subject to the provisions of the act and the rules, vest in the general body of the members. ..... cooperative society originally envisaged under chapter v of the act of 2001 that superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the committees of the co-operative societies shall vest in the state election commission. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(2)Raj1395
..... (2) further provides that 'all property of the nature therein specified and not being specially reserved by the state government shall vest in and belong to the board, and shall together with all other property of whatsoever nature or kind not being specially reserved by the state government, which may become vested in the board, be under its direction, management and control, and shall be held and applied by it as trustee subject to ..... : [1980]3scr1095 while considering somewhat similar question held that the nature of the right that vested in the municipality in regard to public street is only qua street and if the municipality put the street to any other user than that for which it was intended, the state as its owner, was entitled ..... falling in the later category are generally those which belong to the government and which may be by any general or special order vested in the municipal board by the government as provided for by clause (e) of section 90(2). ..... whether the land may belong to the board or it may be vested in it by the government, in either of the categories, the board acts only as a trustee especially of the lands of the public streets, footpath ..... categories of land which fall within the municipal limits of the board; the one which may belong to the board and, therefore, vest in it and the other one is which may although vest in the board but does not belong to it. ..... section 48(2) had the effect of vesting in and transferring to the municipality all the public streets, .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(2)WLN302
..... decree or order of a court to the contrary,--(i) no 'transfer of an estate liable to acquisition under this act or part thereof made by the landowner' on or after the date of commencement of this act and before the date of vesting, whether by way of sale, mortagage, gift, exchange, lease, assignment, surrender, bequest, creation of trust or otherwise, shall be recognised for any purpose of this act and the estate or part so transferred shall be deemed to continue ..... landowner;(ii) all transfers of an estate liable to acquisition under this act or part thereof of the nature referred to in clause (i) made by the land owner on or after the date of vesting shall be null and void; and(iii) any agreement made by a landowner with any other person on or after the commencement of this act for transfer or his estate liable to acquisition under ..... , and there was no general prohibition against transfer of any of the estate or part of estate which was not liable to be acquired, and would not have been acquired had vesting not been postponed, he will continue to hold property which could not still be acquired under the provisions of the act. ..... of sec, 7-a the transfers of estate liable to be acquired under the act of 1964 made by the land owners between the date of commencement of the act and before the appointed date of vesting, which were otherwise valid and operative were deemed to continue to vest in the land owner by not recognising any such transfers for the purposes of this act.12. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(2)WLN113
..... advocate was that since the khatedari rights of the petitioners in the agricultural lands in respect of which permission was granted by order dated 27th march, 1984 had come to an end and the said lands had vested in the state government, it was not permissible for the petitioners to transfer the said lands. ..... these rules, all khatedari rights of the applicant in such land, including his khudkast rights, if any, under the rajasthan tenancy act, 1955 (rajasthan act 3 of 1955) shall come to an end and the land shall vest in the state government free from all encumbrances, and upon such vesting no land revenue shall be payable in respect of that portion of the holding.7. ..... sanction of conversion of land under the rules, all khatedari rights of the applicant in such land, including his khudkasht rights, if any, under the rajasthan tenancy act, 1955 came to an end and the land shall vest in the state government free from all encumbrances. ..... the agricultural lands of the petitioners were allowed to be converted for use for residential purposes, was cancelled and it was directed that the said land in respect of which order for conversion was passed, shall vest in the state government. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1986(2)WLN391
..... , decree or order of a court to the contrary,--(i) no transfer of an estate liable to acquisition under this act or part thereof made by the land owner on or after the date of commencement of this or and before the date of vesting, whether by way of sale, mortgage, gift, exchange, lease, assignment, surrender, bequest, creation of trust or otherwise shall be recognised for any purpose of this act and the estate or part so transferred shall be deemed to ..... any estate,--(a) (sic) he right title and interest of the land owner and of every other (sic) person claiming through him in his estate, shall stand acquired by (sic) vested in the government from all encumbrances and shall be utilised by it for the purpose of carrying out agrarain reform in accordance with the provisions of this act;(b) all rights, titles, and interests created ..... the land owners;(ii) all transfers of an estate liable to acquisition under this act or part thereof the nature referred to in clause (i) made by the landowner on or after the date of vesting shall be null and void; and(iii) any agreement made by a land owner with any other person on or after the commencement of this act for transfers of his estate liable to ..... cesses in respect of any holdings (including any land leased by or on behalf of the landowner for any purposes other than agriculture) in the estate for any period after the date of vesting which, but for such vesting would have been payable to the land owner, shall be payable to the government;18 .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(1)RLR585
..... hold his service on the same terms and conditions and with the same rights to pension gratuity and other matters as would have been admissible to him if the undertaking had not been transferred to and vested in the government or the board as the case may be and continue to do so unless and until his employment under the government or the board as the case may be is terminated or until ..... liabilities and obligations of the licensee under hire-purchase agreement if any for the supply of materials or equipment made bonafide before the vesting date:(iii) all the rights liabilities and obligations of the licensee under any other contract entered into bonafide upto the vesting date not being a contract relating to the borrowing or lending of money or to the employment of staff tariff for supply of ..... according to learned counsel for the petitioners, the petitioners have been working with the erstwhile company as its employee immediately before vesting date and therefore, they became on the vesting date, the employees of the government and thereafter the employees of the board from the date of transfer of the undertaking to the board under ..... (6) if any question arises as to whether or not any person was genuinely employed in connection with the affairs of the undertaking as its employee immediately before the vesting date or whether or not the services of any person have transferred to the government or the board under this act it shall be decided by an officer authorised for this purpose by .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1974Raj133; 1973()WLN717
..... sharma's emphasis is that as soon as the corporation is superseded it ceases to have a legal entity and one of the reasons urged by him is that all property hitherto vesting in the corporation, comes to vest in the state government as laid down in section 38(2)(c). ..... the provisions of this act or of any other law, be exercised or performed by or on behalf of the corporation shall, during the period of supersession, be exercised and performed by such person or persons as the state government mav direct; (c) all property vested in the corporation shall, during the period of supersession ..... the argument loses sight of the words that are contained in section 38(2), namely, 'all property vested in the corporation shall, during the period of supersession, vest in the state government. ..... -the property vests in the state government. ..... ' this vesting is not absolute but it is only an interimarrangement to safeguard the propertypresumably from waste or alienation. .....
Tag this Judgment!