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Competent Authority - Definition - Law Dictionary Home Dictionary Definition competent-authority

Definition :

Competent authority, means (i) the speaker in the case of the House of the people or the legislative Assembly of a State or a Union Territory having such Assembly and the Chairman in case of the council of Staff or legislative Council of a State (ii) Chief Justice of India in case of Supreme Court, (iii) Chief Justice of the High Court in the case of the High Court (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution, (v) the administrator appointed under Article 239 of the Constitution. [Right to Information Act, 2005 (22 of 2005) s. 2(e)]

Means any authority authorised by the Central Government by notification in the Official Gazette to perform all or any of the functions of the competent authority under this Act. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (d)]

Means, in relation to the United Kingdom, the CAA, and in relation to any other country the authority responsible under the law of that country for promoting the safety of civil aviation, Air Navigation Order 1989, SI 1989/2004, Art. 106(1) (UK) Halsbury's Laws of England, Vol. 2, para 1347, p. 665.

Means any authority authorised by the State Government by notification in the Official Gazette to perform all or any of the functions of the competent authority under this Act and for such areas as maybe specified therein. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), s. 2 (c)]

Means any authority competent under any law for the time being in force to register any company, firm or other body of persons or any trademark or design or to grant a patent. [Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950), s. 2 (b)]

Means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act. [Multimodal Transporta-tion of Goods Act, 1993 (28 of 1993), s. 2 (b)]

Means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification. [National Highways Act, 1956 (48 of 1956), s. 3 (a)]

Means in relation to children in need of care and protection a Committee and in relation to juveniles in conflict with law a Board. [Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000), s. 2 (g)]

Means the authority appointed by the appropriate Government by notification in its Official Gazette to ascertain from time to time the cost of living index number applicable to the employees employed in the scheduled employments specified in such notification. [Minimum Wages Act, 1948 (11 of 1948), s. 2 (c)]

Means the authority appointed under s. 50. [Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), s. 2 (h)]

The expression 'competent authority' occurring in sub-s. (2) of s. 116 of the States Reorganisation Act, 1956 cannot be considered in isolation apart from the rest of the provisions of the Act. It has to be read in conjunction with, construed and understood as having the same meaning as the expression 'appropriate authority' contemplated by sub-s. (1) of that s. which in turn according to Article 311(1) of the Constitution means the appointing authority or an authority equivalent to or co-ordinate in rank with the appointing authority, Mysore State Road Transport Corporation v. Mirja Khasim Ali Beg, AIR 1977 SC 747: (1977) 2 SCC 457: (1977) 2 SCR 282.

Means any authority competent under any law for the time being in force to register any company, firm, other body of persons, or any trade mark or design or to grant a patent, State of Emblem of India (Prohibition of Improper Use) Act, 2005, Sch. 2(a)]

Competent body, in the case of a voluntary arrangement, the meeting of creditors at which the relevant resolution is passed is to be regarded as 'a competent body of a member state, Salvage Association (in re:), (2004) 1 WLR 174 Ch D.

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