Local Authority - Definition - Law Dictionary Home Dictionary Definition local-authority

Definition :

Local authority, includes panchayatiraj institutions, municipalities, a district board, cantonment board, town planning authority or Zila Parishad or any other body or authority, by whatever name called, for the time being invested by law, for rendering essential services or, with the control and management of civil services, within a specified local area. [Disaster Management Act, 2005, s. 2(h)]

It is the political subdivision functioning within the framework of constitution and enjoying certain degree of autonomy serving as administrative units for state services, Dictionary of Political Science, Joseph Dunner, 1965, p. 321.

Means a municipal corporation, a municipal council, a Nagar Panchayat, an Industrial Township, a Cantonment Board, a Village Panchayat Constituted or Continued under any law for the time being in force. [Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(e)]

Means a municipal corporation, Nagar Panchayat, Municipal Council, District Panchayat, Taluka Panchayat, Gram Panchayat, Notified are committee or cantonment board constituted under relevant local authority law. The Gujarat State Disaster Management Act, 2003, s. 2(k)]

The term is used in a great number of Acts affecting local administration, and means the persons or bodies who give effect to the particular Act in question. (Cf., (English) Public Health Act, 1875, s. 4)

The (English) Local Authorities (Admission of the Press to Meetings) Act, 1908 (8 Edw. 7, c. 43), defines (s. 2 (a)) a 'local authority' as meaning:-

A council of a county, county borough, borough (including a metropolitan borough), urban district, rural district, or parish, and a joint committee or joint board of any two or more such councils to which any of the powers or duties of the appointing councils may have been transferred or delegated under the provisions of any Act of Parliament or Provisional Order; and a parish meeting under the provisions of the Local Government Act, 1894.

By the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), it is defined as meaning the council of a county, county borough, county district or rural parish; see the Act generally.

A Municipal Committee, District Board or Body of Port Commissioners or other authority entitled to or entrusted by the Government with, the control or management of a municipal or local fund, General Clauses Act, 1897, Union of India v. R.C. Jain, (1981) 2 SCC 308: AIR 1981 SC 951. [General Clauses Act, 1897, s. 3(31)]; R. Sarangapani v. Port Trust of Madras, AIR 1961 Mad 234.

The Calcutta Dock Labour Board is a local authority within the meaning of Order 21, Rule 48(1) of Civil Procedure Code, Bhikari Behara v. Sm. Dhanapatie Bentia, AIR 1970 Cal 176.

Unless it is shownthat the State Transport Corporation is an 'authority' and is legally entitled to or entrusted by the Government with control or management of a local fund it cannot be regarded as a local authority, Valjibhai Muljibhai Soneji v. State of Bombay, (1964) 3 SCR 686: AIR 1963 SC 1890. [General Clauses Act, 1897, s. 3(31)].

It means a municipal committee, district board or other authority for the time being invested by law with the control and administration of any matters within a specified local area. [Prevention of Cruelty to Animals Act, 1960 (59 of 1960), s. 2 (e)]

It means any municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Central or any State Government with, the control or management of any municipal or local fund. [Indian Telegraph Act, 1885 (13 of 1885), s. 3 (7)]

It means Panchayats at the village and Zila Parishad at the district level and shall also include a Municipal Committee or Corporation or a Cantonment Board or such other body legally entitled to function as local authority by the Government. [Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000), s. 2 (m)]

The expression 'local authority' is not defined in the Land Acquisition Act. But by the General Clauses Act 10 of 1897 the expression 'local authority' is defined as meaning 'a municipal committee, district board, body of port commissioners or other authority legally entitled to or entrusted by the Government with, the control or management of a municipal or local fund'. By virtue of s. 10(2) of the Gujarat Agricultural Produce Markets Act, 1963, the market committee is a local authority within the meaning of the Bombay General Clauses Act, Patel Premji Jiva v. Stateof Gujarat, (1971) 3 SCC 815.

A proper and careful scrutiny of the language of s. 3(31) suggests that an authority, in order to be a local authority, must be of like nature and character as a Municipal Committee, District Board or Body of Port Commissioners, possessing, therefore, many, if not all, of the distinctive attributed and characteristics of a Municipal Committee, District Board, or Body of Port Commissioners, but, possessing one essential feature, namely, that it is legally entitled to or entrusted by the government with, the control and management of a municipal or local fund, Union of India v. R.C. Jain, AIR 1981 SC 951: (1981) 2 SCC 308: (1981) 2 SCR 854.

The expression includes a town planning authority (by whatever name called) set up under any law for the time being in force. [Land Acquisition Act, 1894 (10 of 1894), s. 3 (aa)]

Means any Nagar Panchayat, Municipal Council, municipal corporation, Panchayat constituted at the village, intermediate and district levels, body of port commissioners or other authority legally entitled to, or entrusted by the Union or any State Government with, the control or management of any area or local fund. [Electricity Act, 2003 (36 of 2003) s. 2(41)]