Appointing Authority - Law Dictionary Search Results
Home Dictionary Name: appointing authority Page 1 of about 83 results ( seconds)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)....
Provost-Marshal
Provost-Marshal, an officer of the royal forces who has the charge of military prisoners, 13 Car. 2, c. 9, and Manual of Military Law.Means a person appointed as such under s. 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf. [Army Act, 1950 (54 of 1950), s. 3 (xx)]Means a person appointed as such under s. 108 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf. [Air Force Act, 1950 (45 of 1950), s. 4 (xxv)]...
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...
Shall be made on the ground of merit and ability
Shall be made on the ground of merit and ability, clearly postulate that the order of the appointing authority must show ex facie that the considerations mentioned in the rule were present in the mind of the appointing authority at the time of making promotions, Lal Chand Pargal v. Director, NES, AIR 1970 J&K 57 (64) (FB)....
Withhold
Withhold, the words 'it shall be open to the appointing authority to withhold permission' indicate that the appointing authority has got an option to withhold permission and that could be exercised by communicating its intention to withhold permission to the Government servant. The word 'withhold' cannot be read to mean that in the absence of a communication it 'must be understood that permission was withhold', B.J. Shelat v. State of Gujarat, AIR 1978 SC 1109: (1978) 2 SCC 202: (1978) 3 SCR 533. [Bombay Civil Service Rules, R. 161(2)(ii) Proviso]The dictionary meaning of the word 'withholding' is to hold back, to keep back, to restrain or decline to grant. The holding back or keeping back is not an isolated act but is a continuous process by which the property is not returned or restored to the company and the company is deprived of its possession. If the officer or employee of the company does any such act by which the property given to him, is wrongfully withheld and is not restored...
Employer
Employer, means (i) a company; (ii) a firm; (iii) an association of persons or a body of individuals, whether incorporated or not, but excluding any fund or trust or institution eligible for exemption under clause (23C) of section 10 or registered under section 12AA; (iv) a local authority; and (v) every artificial judicial person, not falling within any of the preceding sub-clauses. [Income-tax Act, 1961 (43 of 1961), s. 115W(a)]Employer, means:A person who controls and direct a worker under an express or implied contract of hire and who pays the workers salary or wages, Black's Law Dictionary, 7th Edn.(a) in relation to contract labour, the principal employer, and(b) in relation to other labour, the person who has the ultimate control over the affairs of any establishment or who has, by reason of his advancing money, supplying goods or otherwise, a substantial interest in the control of the affairs of any establishment, and includes any other person to whom the affairs of the establi...
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
Upto not more than
Upto not more than, the words 'upto, not more than' merely fix the maximum percentage or rank-promotees in the category, leaving it to the appointing authorities to adopt any percentage below this figure, State of Andhra Pradesh v. G. Venkattappayya, (1961) 3 SCR 45: AIR 1961 SC 779 (782). [Madras Police Subordinate Service Rules, Rr. 3, 4, 5]...
Public analyst
Public analyst is an analyst appointed by a local authority under the Food and Drugs (Adulteration) Act, 1928 (18 & 19 Geo. 5, c. 31).Means the person appointed or recognised to be the Government Analyst, in relation to any environ-mental laboratory established or recognized in the State, under the provisions of the Environmental (Protection) Act, 1986 (29 of 1986), Maharashtra Non-Bioldegradable Garbage (Control) Act, 2006, s. 2(n)....
Selection
Selection, the process of selection begins with the issue of the advertisement and culminates in forwarding the list of the appointment authority. The essence of the process lies in the preparation of the list. A selection can be said to have been done only when the list is prepared, A.P. Public Service Commission v. B. Sarah Chandra, (1990) 2 SCC 669 (670)....
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