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Appointing Authority - Law Dictionary Search Results

Home Dictionary Name: appointing authority

Appointing authority

Appointing authority, the authority which appoints can only dismiss such persons as have been appointed by it. It cannot dismiss persons appointed by any other authority, for such persons have not been appointed by it in the exercise of its power as appointing authority, State of Assam v. Kripanath Sarma, AIR 1967 SC 459 (462); see also AIR 1961 SC 276 (282)....


Competent authority

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 respo...


Appointment in exercise of a Power

Appointment in exercise of a Power, In the case of freeholds an instrument which alters, abridges, or suspends a use limited by a prior assurance or trust creating the power which sanctions such appointment. In the case of appointments of uses of freeholds effected under the Statute of Uses the seisin to serve the appointed use was transferred by the prior assurance; the appointment vested the legal estate in the appointee, who took as though he were named in such prior assurance. After the 31st December, 1925, a power of appointment of land can only operate inequity, (English) Law of Property Act, 1925, s. 1(7).Powers may also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a marriage settlement, by virtue of which the parents can distribute the settled funds amongst the issue in such shares as the donees of the power think fit, and the trustees will then hold t...


Appropriate authority

Appropriate authority, means the Appropriate Authority appointed under s. 13. [Transplantation of Human Organs Act, 1994 (42 of 1994), s. 2 (b)]Means the Appropriate Authority appointed under s. 17. [Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (57 of 1994), s. 2 (a)]Means, in relation to a bridge for the maintenance of which a bridge authority is responsible, or a road passing over such a bridge, the bridge authority; and in relation to any other road, the traffic authority and any other person responsible for the maintenance of the road, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 240, Note 2, p. 177....


power of appointment

power of appointment :a power granted under a deed or will authorizing the donee to dispose of an estate in a specified manner for the benefit of the donee or of others general power of appointment : a power of appointment which the donee may exercise in favor of anyone including himself or herself ;specif : a power of appointment defined by the Internal Revenue Code as one exercisable in favor of the individual possessing the power, his or her estate, his or her creditors, or the creditors of his or her estate with certain specified qualifications limited power of appointment : special power of appointment in this entry ;also : a power of appointment which the donee may exercise in favor of anyone but himself or herself special power of appointment : a power of appointment which the donee may exercise in favor of only a designated person or class of persons not including himself or herself or his or her estate testamentary power of appointment : a power of appointment that ...


Appointed

Appointed, the word 'appointed' is inappropriate to signify the constitution of any authority but is quit proper to signify the selection or the personnel of the already constituted authority to exercise the appellate powers of that authority, State of Assam v. Sristikar, AIR 1957 SC 414 (424). [Assam Revenue Tribunal (Transfer of Powers) Act, (4 of 1948), s. 3(3)]...


Local authority

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 Pa...


Revocation and new appointment

Revocation and new appointment. The appoint or may reserve a power of revocation and new appointment in the deed of appointment, although not expressly authorized so to do by the assurance creating the power; and such a power may be reserved toties quoties. By a revocation the original power revives. When a deed of appointment contains no power of revocation it is absolute and cannot be revoked, although there be a power of revocation in the assurance creating the power. When a power is executed by will, an express power of revocation need not be reserved, since a will is always revocable. Consult Sugden or Farewell on Powers....


appoint

appoint 1 : to name officially to a position [ed to the agency's top post] [ed conservator of the estate] 2 : to determine the distribution of (property) by exercising the authority granted by a power of appointment [a general power to the corpus of a trust "W. M. McGovern, Jr. et al."] vi : to exercise a power of appointment see also power of appointment ap·point·ive [ə-pȯin-tiv] adj ap·point·ment n ...


Public authority

Public authority, in the policy statement is not a term of art. It must be construed in a purpose way, taking particular account of the context, McFarland HL(NI) (in re:), (2004) 1 WLR 1289.Is a body, not necessarily a country council, municipal corporation or other local authority, which has public or statutory duties to perform and which perform those duties and carries out its transactions for the benefit of the public and not for private profit, Halsbury's Laws of England, 3rd Edn., Vol. 30, p. 682.Means any authority or body established or con-stituted,--(i) by or under the Constitution;(ii) by any law made by the appropriate Government,and includes any other body owned, controlled or substantially financed by funds provided directly or indirectly by the appropriate Government. [Freedom of Information Act, 2002 (5 of 2003), s. 2(f)]Public Authority--Karnataka University being an authority under Article 12 of the constitution is covered by the definition of public authority, Shivan...


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